[Senate Report 108-215]
[From the U.S. Government Publishing Office]




108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-215
_______________________________________________________________________

                                     

                                                       Calendar No. 421


       SURFACE TRANSPORTATION SAFETY REAUTHORIZATION ACT OF 2003

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1978



                                     

      DATE deg.November 25, 2003.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                      one hundred eighth congress

                             first session

                     JOHN MCCAIN, Arizona, Chairman

TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas          Virginia
OLYMPIA J. SNOWE, Maine              JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas                JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon                 BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois        RON WYDEN, Oregon
JOHN ENSIGN, Nevada                  BARBARA BOXER, California
GEORGE ALLEN, Virginia               BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire        MARIA CANTWELL, Washington
                                     FRANK LAUTENBERG, New Jersey

           Jeanne Bumpus, Staff Director and General Counsel

                   Ann Begeman, Deputy Staff Director

                  Robert W. Chamberlin, Chief Counsel

      Kevin D. Kayes, Democratic Staff Director and Chief Counsel

                Gregg Elias, Democratic General Counsel

                                  (ii)
                                                       Calendar No. 421
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-215

======================================================================



 
       SURFACE TRANSPORTATION SAFETY REAUTHORIZATION ACT OF 2003

                                _______
                                

               November 25, 2003.--Ordered to be printed

                                _______
                                

       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1978]

    The Committee on Commerce, Science, and Transportation 
reports favorably an original bill to authorize funds for 
highway safety programs, motor carrier safety programs, 
hazardous materials transportation safety programs, boating 
safety programs, and for other purposes, and recommends that 
the bill do pass.

                          Purpose of the Bill

  The purpose of the bill is to authorize funds for fiscal 
years 2004 through 2009 for highway safety programs, motor 
carrier safety programs, oversight of household goods movers, 
hazardous materials transportation safety programs, boating 
safety programs, rail transportation, and for other purposes.

                          Background and Needs

  The Transportation Equity Act for the 21st Century (TEA-21) 
(P.L. 105-178) expired on September 30, 2003. The Senate 
Committee on Commerce, Science, and Transportation (the 
Committee) has jurisdiction over many surface transportation 
safety programs under TEA-21, including the National Highway 
Traffic Safety Administration (NHTSA) and its programs, the 
Federal Motor Carrier Safety Administration (FMCSA), and 
boating safety. In addition, the Committee bill addresses the 
transportation of hazardous materials and oversight of the 
interstate transportation of household goods.
  The Committee bill incorporates a number of provisions from 
the Administration's reauthorization proposal, the Safe, 
Accountable, Flexible and Efficient Transportation Equity Act 
of 2003 (SAFETEA), along with many additional provisions. 
Overall, the Committee's proposal is designed to improve safety 
on our nation's roads and waterways, strengthen Federal 
passenger, truck, and bus safety programs, provide greater 
consumer protections for household goods movements, and promote 
the safe shipment of hazardous materials. The bill also 
includes amendments adopted during Committee deliberations 
addressing Federal funding for intercity rail passenger service 
and rail freight assistance, and establishing a railroad 
infrastructure financing corporation.

                      Summary of Major Provisions

                       TITLE I -- HIGHWAY SAFETY

  TEA-21 authorizes the following NHTSA programs: safety belt 
incentive grants (23 U.S.C. 157); safety incentives to prevent 
operation of motor vehicles by intoxicated persons (section 
163); State highway safety programs (section 402); highway 
safety research, development, and demonstration programs 
(section 403); occupant protection incentive grants (section 
405); alcohol-impaired driving countermeasures (section 410); 
and highway safety data improvement incentive grants (section 
411). TEA-21 also includes a number of motor vehicle safety and 
information provisions including rulemaking directives for 
improving air bag crash protection systems.
  Title I of the Committee bill generally would authorize 
various grant programs administered by NHTSA, the Federal 
agency responsible for administering Federal motor vehicle and 
highway safety programs. Under its mandate, NHTSA is 
responsible for reducing deaths, injuries, and economic losses 
resulting from motor vehicle crashes. The bill would authorize 
the NHTSA grant programs at a total level of over $3.5 billion 
from fiscal years 2004 through 2009. The bill also would 
authorize approximately $800 million for the vehicle safety-
related rulemakings it requires.
  In addition to reauthorizing several of the programs 
administered by NHTSA, title I would consolidate a number of 
these programs in order to streamline the agency's grant 
program process. This title would focus particular attention to 
behavioral aspects of driver safety, such as safety belt use, 
by providing funding to States that have already adopted 
primary safety belt laws and additional incentive funding to 
States that, in the future, adopt primary safety belt laws or 
otherwise increase significantly their safety belt use rates. 
Title I also would direct NHTSA to promulgate a number of rules 
relating to vehicle safety. Finally, this title would authorize 
new programs and initiatives such as the incentive grant 
program provided for in section 111, which is designed to 
improve States' highway and safety data, and the NHTSA 
accountability program in section 112, which would, among other 
things, require NHTSA to conduct a review of each State highway 
safety program it funds and to issue uniform management review 
and program review guidelines.
  The legislation would reauthorize section 403, but it would 
amend that section in its entirety. The new section 403 would 
provide NHTSA with the authority to use funds to conduct 
research on highway safety and traffic conditions, driver 
behavior and its effect on traffic safety, fatigued driving, 
the effects that electronic devices have on driving, and other 
general highway safety research matters. The section 403 grant 
reauthorization also would direct NHTSA to conduct three 
specific research programs: (1) a study on the effects of the 
use of controlled substances on driving; (2) a study to collect 
on-scene motor vehicle collision data and to determine crash 
causation; and (3) a study on the safety of highway toll 
collection facilities. In addition, under the section 403 grant 
reauthorization, the Committee bill would require NHTSA to 
establish and administer a program under which three high-
visibility traffic safety law enforcement campaigns would be 
carried out in each of fiscal years 2004 through 2009. The 
purpose of the campaigns would be to reduce alcohol-impaired or 
drug-impaired driving and to increase the use of seat belts by 
motor vehicle occupants.
  The bill also would amend section 405 significantly to 
implement a program that would provide grants to States that 
have adopted and are enforcing primary safety belt laws for all 
passenger motor vehicles as of December 31, 2002. In addition, 
the new section 405 program would provide significant one-time 
incentive grants to States that have not enacted such laws as 
of December 31, 2002, but either: (1) adopt primary safety belt 
laws for all passenger motor vehicles after December 31, 2002, 
or (2) have achieved a safety belt use rate of at least 90 
percent, as measured under criteria set by the Secretary of 
Transportation (Secretary). Qualifying States would be eligible 
for such one-time grants until FY 2009. In the event that 
additional funds remain after the above grants have been made, 
section 405 would provide that States that further increase 
their safety belt use rates by specified percentages would 
receive such additional funds.
  The Committee bill also would create a new section 407A to 
require the Secretary and the Secretary of Homeland Security to 
establish a Federal Interagency Committee on Emergency Medical 
Services (Interagency Committee). The purposes of the 
Interagency Committee would be, among other things, to ensure 
coordination among the Federal agencies involved with State, 
local, tribal, or other emergency services and 9-1-1 systems 
and to identify State, local, tribal, or regional emergency 
medical services and 9-1-1 needs.
  In addition, this new section 407A would require the 
Secretary to coordinate with officials of other Federal 
departments and agencies, and other interested parties, to 
ensure the development and implementation of a coordinated 
nationwide emergency medical services program. Such a program 
would be designed to strengthen transportation safety and 
public health and to implement emergency medical services 
communications systems, including 9-1-1.
  The Committee bill also includes new provisions to assist 
States' efforts to deter impaired driving by reauthorizing 
funding for section 410 impaired driving programs, which would, 
in part, replace the existing section 408 programs, which would 
be repealed. This program would allocate funds to States that, 
among other things, implement the following programs and 
activities: (1) check-point and saturation patrol programs for 
determining whether drivers are driving under the influence of 
alcohol or controlled substances; (2) programs to monitor and 
enhance the prosecution and adjudication by States of impaired 
driving offenses; and (3) an impaired operation information 
system that, among other things, tracks drivers who are 
arrested or convicted for violation of laws prohibiting 
impaired driving.
  In addition, each State would be required to do the following 
in order to receive section 410 grants: (1) coordinate its 
check-point and saturation patrol programs and activities with 
related national campaigns organized by NHTSA; (2) demonstrate 
to the Secretary that the State has increased the total number 
of impaired driving law enforcement activities it conducts; and 
(3) make certain improvements to the system used by the State 
for tracking drivers who are arrested or convicted for 
violating laws prohibiting the impaired operation of motor 
vehicles. Finally, section 410 would provide additional grant 
funds to each of the 10 States with the highest impaired 
driving-related fatality rates for the fiscal year preceding 
the fiscal year of such allocation.
  This title also would create a new incentive grant program 
designed to improve States' highway and traffic safety data. 
This new program, to be administered under new section 412, 
would require NHTSA to make grants of financial assistance to 
eligible States to support their development and implementation 
of programs designed to, among other things, improve the 
timeliness, accuracy, completeness, uniformity, integration, 
and accessibility of the States' highway traffic safety data.
  This title also would provide a new framework for advancing 
NHTSA's management of its grant programs and its regional 
offices' interactions with the States. For example, this title 
directs NHTSA to undertake a State grant administrative review 
of the practices and procedures of NHTSA's regional offices to 
formulate a report on best practices for such offices' 
administration of NHTSA grant programs.
  Subtitle B of this title would generally require NHTSA to 
promulgate specific vehicle safety-related rules and engage in 
other rulemaking and study activities. For example, section 153 
would amend chapter 301 of title 49 U.S.C. by adding section 
30128. This new section would require NHTSA to issue a safety 
standard to reduce complete and partial ejection after 
accidents from passenger motor vehicles with a gross vehicle 
weight rating of up to 10,000 pounds. Section 30128 would 
require that NHTSA base the safety standard on ejection-
mitigation technologies such as side impact airbags. Section 
30128 also would direct the Secretary to issue by June 30, 
2006, a rule to require manufacturers of new passenger motor 
vehicles to make modifications to door mechanisms in such 
vehicles to prevent occupant ejection. In addition, section 162 
of subtitle B would authorize grants to States if they meet 
certain criteria regarding child safety seats.

   TITLE II -- MOTOR CARRIER SAFETY AND UNIFIED CARRIER REGISTRATION

  FMCSA was established within the Department of Transportation 
(DOT) on January 1, 2000, by the Motor Carrier Safety 
Improvement Act of 1999 (MCSIA) (P.L. 106-159). At the time, 
truck-related crashes and fatalities had been growing at an 
alarming rate, and it was determined that creation of a 
separate modal administration apart from the Federal Highway 
Administration (FHWA) would help promote truck and bus safety 
improvements. According to statistics compiled by FHWA, large 
trucks represent four percent of the nation's registered 
vehicles, seven percent of traffic volume, and approximately 13 
percent of all fatal crashes.
  FMCSA's principal duty is to enforce motor carrier safety 
regulations, including requirements which will govern the 
operation of Mexico-domiciled motor carriers beyond the U.S. 
commercial zones. The FMCSA also administers the Commercial 
Driver's License (CDL) program, oversees the interstate 
transportation of household goods, and regulates hours-of-
service rules governing commercial operators.
  FMCSA has set a goal of reducing the rate of fatalities in 
large truck crashes by 39 percent between 1999, the year prior 
to the agency's creation, and 2008, from a rate of 2.7 
fatalities per 100 million vehicle miles traveled (VMT) to a 
rate of 1.65. \1\ By 2001, the rate of fatalities had declined 
to 2.4 per 100 million VMT. In 2002, preliminary statistics 
show that the number of fatalities in accidents involving large 
trucks declined 3.5 percent from 2001, while highway fatalities 
for all vehicles increased slightly. Of the 4,902 fatalities in 
truck crashes, 3,816 fatalities were occupants of the other 
vehicle(s).
---------------------------------------------------------------------------
    \1\  A large truck is defined as a truck with a gross vehicle 
weight rating greater than 10,000 pounds.
---------------------------------------------------------------------------
  Title II of the bill would authorize funding for FMCSA and 
its programs at the level requested in the Administration's 
SAFETEA proposal, starting at $472 million in FY 2004 
(including $25 million for deployment of the Commercial Vehicle 
Information Systems and Networks (CVISN)), and rising to $524 
million in FY 2009. However, the legislation allocates a larger 
share of total program funding for State grant programs and a 
smaller share for Federal administrative expenses than proposed 
by the Administration. Further, the bill would provide that of 
the overall amounts made available from the Highway Trust Fund 
for all programs including highway, transit, and other 
transportation programs, not less than 1.21 percent of the 
total amount be set aside for motor carrier safety programs. 
This percentage represents the proportionate share allocated to 
motor carrier safety programs under the Administration's 
proposal, i.e. $2.98 billion is authorized for motor carrier 
safety programs out of the $247 billion total authorized in 
SAFETEA. The Senate is expected to consider legislation to 
reauthorize TEA-21 with an overall funding level of $255 
billion and the House authorizing committee has introduced a 
bill reauthorizing TEA-21 at $375 billion. It is the 
Committee's intention to ensure that safety programs receive a 
proportional share of any increase to the overall surface 
transportation programs.
  The bill would authorize FMCSA and its programs to be funded 
through contract authority, which is consistent with the 
Administration's SAFETEA proposal. Under TEA-21, which was 
enacted 18 months before FMCSA was created, the agency's 
administrative expenses were funded through a take-down of one-
third of 1 percent from FHWA's administrative expenses. 
However, FMCSA's appropriations have consistently exceeded the 
administrative take-down and it is appropriate to create 
contract authority for FMCSA expenses.
  One of FMCSA's primary responsibilities is to manage the 
Motor Carrier Safety Assistance Program (MCSAP), which provides 
grants to States for the enforcement of safety regulations 
governing commercial motor vehicles (CMVs), motor coaches, and 
CMV transportation of hazardous materials. Safety enforcement 
is accomplished primarily through roadside inspections and 
safety compliance reviews. MCSAP grants are authorized to 
provide up to 80 percent of State program costs. The MCSAP 
program originated in the early 1980s. The annual authorization 
for the program has grown from $78.2 million in FY 1997 to $190 
million in FY 2003. In calendar year 2001, 2.7 million truck 
inspections and nearly 12,000 compliance reviews were performed 
nationwide, with 7.6 percent of drivers and 23.3 percent of 
vehicles taken out of service for equipment, hours of service, 
and other violations. MCSAP inspectors are permitted to perform 
traffic enforcement in conjunction with a vehicle inspection, 
and, in 2002, over 25 percent of all inspections had a traffic 
enforcement component, according to FMCSA.
  FMCSA also is responsible for implementing safety audits for 
``new entrants'' as required by MCSIA and the FY 2002 DOT 
Appropriations Act (P.L. 107-87). MCSIA directed FMCSA to 
require that all new motor carriers undergo a safety audit 
within the first 18 months after beginning operations. The 
purpose is to ensure that new carriers understand Federal motor 
carrier regulations and have programs in place to comply. 
Historically, between 40,000 and 50,000 new entrant trucking 
companies apply annually for interstate operating registration. 
FMCSA estimates that the cost to administer the new entrant 
program will be about $33 million annually.
  The bill would authorize funding for the MCSAP program at 
$186.1 million in FY 2004, rising to $205.5 million in FY 2009, 
including funds for the core grant program and for safety 
performance incentive grants, high-priority grants, and the new 
entrant program. The bill would fund the new entrant program at 
$33 million, the level requested by the Administration, but 
would allocate $29 million of the total to the States through 
MCSAP. When the Administration submitted its FY 2004 budget 
request, it assumed that 30 percent of the States would not be 
able to participate in the new entrant program. On that basis, 
the Administration proposed that only $17 million in funding be 
provided through MCSAP. However, to date, 46 States have agreed 
to participate in the new entrant program and the Committee has 
adjusted the allocation of funds accordingly. FMCSA would still 
have the authority to withhold funds to conduct new entrant 
audits in States that do not participate in the new entrant 
program and provide general oversight of the program. New 
entrant funds would not require a State match.
  The bill would allow up to 5 percent of available MCSAP funds 
to be designated by the Secretary for high priority activities 
and projects, and up to another 10 percent to be designated for 
safety performance incentive grants. The bill would eliminate 
the current match requirement for performance incentive grants 
since these grants are intended to reward States for improving 
their safety record, but it would retain the existing match 
required for high-priority grants. The bill would stipulate 
that at least 80 percent of high-priority funds must be used to 
make grants to State and local governments and not be diverted 
for other purposes.
  State plans for MCSAP, in addition to existing qualification 
requirements, would have to: (1) include in training manuals 
for the license exams for non-commercial vehicle and CMV 
drivers, information on best practices for trucks and cars to 
share the road safely; (2) provide that the State will place 
out of service any vehicle discovered to be operating without a 
registration or beyond the scope of its registration; and (3) 
ensure that inspections of intercity buses are conducted at 
stations, terminals, border crossings, or maintenance 
facilities, except in the case of an imminent hazard. States 
would be authorized to use MCSAP funds to enforce traffic laws 
and regulations against CMVs and against non-commercial 
vehicles when the behavior of drivers of smaller vehicles 
increases the risk of CMV accidents. This type of enforcement 
would not have to be combined with a CMV inspection. The 
Committee bill also would give FMCSA authority to suspend the 
registration of a motor carrier that fails to comply with 
Federal safety regulations, poses an imminent hazard to public 
health or property, or engages in a pattern of avoiding or 
concealing non-compliance with Federal safety regulations.
  The Committee is concerned about delays in implementing 
Congressional mandates as well as the general disregard of 
Congressional intent when rules have been issued. To address 
the many overdue rulemakings pending at FMCSA, the bill would 
require FMCSA to complete all outstanding reports, studies, and 
rulemaking within 36 months of enactment. Under the Committee 
bill, at least one-third of all outstanding reports, studies, 
and rulemakings would have to be completed in each 12-month 
period following enactment. For each 12-month period in which 
the Secretary fails to complete the required number of reports, 
studies, and rulemakings, the bill would require that $3 
million be reallocated annually from FMCSA administrative 
expenses to the States to conduct additional compliance reviews 
(of which the Committee generally believes more are needed, for 
far too many carriers do not have safety ratings). The 
Committee has taken this approach because many of the 
Congressionally-mandated rulemakings are more than four years 
overdue, with some even 10 years past due. While the Committee 
realizes that some of these rules have been carried forward 
from the time when the Office of Motor Carriers was located in 
FHWA, this track record is unacceptable. The Committee has 
included more funding for the FMCSA to address regulatory 
issues per the Administration's request; therefore, the backlog 
of overdue rulemakings should be reduced or eliminated as 
rapidly as possible.
   Regulations to implement the new entrant program (as well as 
several other provisions of MCSIA) were addressed only when 
sanctions were imposed by an appropriations bill and the agency 
was permitted to forego the normal rulemaking process and issue 
an expeditious Interim Final Rule (IFR). Even with these 
actions, however, the program has still not been fully 
implemented, although all but four States have elected to 
participate in the program to review new entrants. The agency's 
New Entrant IFR was published May 13, 2002, and was scheduled 
to go into effect January 1, 2003. Further, MCSIA required 
FMCSA to complete a rulemaking to improve training and provide 
for the certification of motor carrier safety auditors for the 
purpose of augmenting existing State and Federal motor carrier 
safety officers with additional resources to meet the expected 
demand associated with auditing each new entrant. But when 
FMCSA finally issued the IFR in the proceeding three years 
after MCSIA's enactment, the rule stated only that ``FMCSA 
seeks comments on the advisability of certifying non-government 
employees that meet all training and experience criteria to 
conduct safety reviews as provided in the IFR.'' It is unclear 
why a rule which only seeks public comment on what is required 
by statute would take three years to publish.
  It is the Committee's understanding that FMCSA plans to 
revise the new entrant program to revoke the operating 
authority of new entrant motor carriers that lack such basic 
safety programs as drug and alcohol testing. The Committee 
hopes the agency will move expeditiously to modify the program 
to reflect Congress' original intent.
  FMCSA oversees the CDL Program, established in 1986, to 
develop standards for testing and licensing of commercial 
drivers and ensure that commercial drivers do not hold more 
than one license. While the CDL program is largely viewed as a 
success, there are ongoing concerns about the fraudulent 
issuance of licenses. Since 1998, suspected fraud in the 
testing and licensing of commercial drivers has been identified 
in 16 States. There are also concerns that the information 
system supporting the CDL program (the Commercial Driver's 
License Information System or CDLIS) is outdated and difficult 
to maintain and that despite annual CDL grants to the States, 
many States have not achieved compliance with existing CDL 
mandates.
  Title II would amend the penalty provisions of the CDL 
statute to require the withholding of up to 5 percent of 
Federal highway funds for the first year of State noncompliance 
with the requirements of the CDL program and up to 10 percent 
for the second and subsequent years of noncompliance. 
Currently, the penalties are 5 percent the first year of 
noncompliance and 10 percent thereafter. The change is intended 
to give the Secretary more flexibility to assess a penalty and 
encourage compliance. In addition, it would establish a working 
group comprised of the Secretary, State motor vehicle 
administrators, and other significant stakeholders to 
determine, within two years following enactment, how best to 
improve the program's overall effectiveness. Based on 
recommendations by the DOT Inspector General, the bill would 
ensure that learners' permits for CDLs are included in the CDL 
information system and that an individual must pass a written 
test before being granted a CDL learner's permit.
  The Committee remains concerned about the lack of attention 
and resources devoted to the medical program at FMCSA. In 
hearings in 1999, 2001, and 2003, members of the Committee have 
highlighted their concerns over the medical fitness of drivers 
of commercial motor vehicles. In addition, the National 
Transportation Safety Board (NTSB) has emphasized in several 
recent accident investigation reports (New Orleans, 1999; 
Loraine, Texas, 2002) the inadequacy of the current medical 
review program and the role the Federal government should play 
in ensuring that motor carrier drivers are medically fit to do 
the job safely. The FMCSA is responsible for 9 million 
commercial drivers, but has no chief medical officer and only 6 
permanent staff.
  Although Congress directed that the CDL and the medical 
certificate be integrated into one document, FMCSA has not yet 
accomplished this integration. In addition, under the FCMSA 
program, any licensed medical professional, including a medical 
doctor, nurse practitioner, or chiropractor may perform medical 
exams. According to the NTSB, medical professional are not 
familiar with occupational issues for drivers, the requirements 
of the medical exam, or their responsibilities under the 
regulations. Another major area of concern is the ability of 
drivers who have failed exams to ``doctor shop'' until they 
find a doctor who will ``pass'' them. There is no record of the 
failed exams and no tracking of medical professionals who may 
not be performing adequate exams. The program should include a 
review process to prevent the inappropriate issuance of medical 
certificates, including the issuance of forged documents, and 
should permit enforcement authorities to identify invalid 
medical certificates during safety inspections and routine 
stops.
  While the Committee included the Administration's proposal to 
establish a five-member Medical Review Board to make 
recommendations on medical standards for commercial drivers, 
medical examiner education, and medical research, the Committee 
also included provisions for a Chief Medical Officer and 
additional permanent staff to work with the Medical Review 
Board to establish standards for the physical examinations long 
required of commercial drivers and require that medical 
examiners who perform the exams have received training in such 
standards. The legislation also would create a national 
registry of medical examiners trained to perform CMV physical 
examinations and then would require that all CMV physical exams 
would have to be performed by physicians listed on the national 
registry. The intent of this provision is to ensure that 
medical professionals know about driver qualification standards 
and guidelines, understand the physical and mental demands 
involved in driving a commercial vehicle, and perform physical 
examinations with full awareness of the conditions in which the 
individual will be working.
  Title II also would direct the Secretary to issue a final 
rule to allow individuals who use insulin to treat their 
diabetes to operate commercial vehicles in interstate commerce. 
The provision would require that FMCSA's rule be consistent 
with the findings of an expert medical panel report issued in 
July 2000, that concluded that persons could be qualified to 
drive a CMV after a one- or two-month period of adjustment to 
insulin use. The intent of this provision was to preempt 
FMCSA's proposed rule that would require an individual to have 
three years of experience driving a CMV in intrastate commerce 
while using insulin for treatment of diabetes before the 
individual could qualify to drive in interstate commerce. 
According to the American Diabetes Association, approximately 
20 States do not have an intrastate exemption program. Drivers 
in these States, therefore, would never be able to qualify to 
drive under FMCSA's proposed rule. Subsequent to the 
Committee's executive session, on September 3, 2003, FMCSA 
adopted a final rule that includes the three-year intrastate 
driving requirement. The Committee remains concerned about the 
rule adopted by the agency and believes FMCSA should have 
relied on the conclusions of its own expert medical panel in 
designing the exemption program.
  Additionally, the legislation would establish a State grant 
program to complete the core deployment of the CVISN program to 
allow certain safety and commercial information to be exchanged 
electronically. It would amend current financial responsibility 
requirements to specify that the Secretary's regulations for 
minimum levels of financial responsibility also will apply to 
private motor carriers of property and passengers. It also 
would require that the ``Share the Road Safely Program'' be 
jointly managed by FMCSA and NHTSA. Finally, FMCSA officials 
would be granted authority to order trucks to stop for 
inspection; currently Federal inspectors only perform 
inspections at fixed facilities. When the U.S. border with 
Mexico is opened to permit Mexico-domiciled truckers to operate 
beyond the commercial zones, FMCSA officers will play an 
expanded role and should be authorized to stop trucks for 
inspection. The bill also would allow FMCSA funds to be used to 
participate and cooperate in international activities to 
enhance motor carrier, driver, and highway safety.

                      TITLE III -- HOUSEHOLD GOODS

  Oversight of the interstate household goods moving industry 
had been the responsibility of the Interstate Commerce 
Commission (ICC) prior to being dismantled by the ICC 
Termination Act of 1995. Such Federal oversight 
responsibilities were transferred to the FHWA (from 1996 
through 1999) and were later transferred to the FMCSA upon 
enactment of MCSIA in 1999.
  First FHWA and then FMCSA, was expected to assume the 
regulatory duties of the household goods moving industry 
previously carried out by the ICC, including issuing 
regulations, conducting oversight activities, and taking 
enforcement actions. However, neither FHWA nor FMCSA has 
fulfilled its responsibilities in this area. While FMCSA has 
received nearly 20,000 consumer complaints since January 2001, 
it has taken little action in this area. FMCSA contends that 
its limited resources are spent on its primary safety mission, 
rather than on consumer protection.
  Title III of the bill is intended to provide greater 
protections to consumers entrusting their belongings to a 
moving company. The legislation would codify existing 
regulations that require a carrier to give up possession of a 
household goods shipment provided the shipper pays the mover 
100 percent of a binding estimate of the charges or 110 percent 
of a non-binding estimate of the charges. It also ensures that 
a mover may only charge a prorated share of charges for the 
partial delivery of a shipment. Currently, movers can require a 
customer to pay all charges, even if part of the shipment is 
lost or destroyed. Further, a moving company would not be able 
to refuse to release a customer's goods on the basis of 
unforeseen charges at the point of delivery. The mover would be 
required to deliver the goods and bill the customer for such 
charges, payable within 30 days of delivery. The Committee 
believes it is unfair to require a consumer to pay unforeseen 
charges as a condition of delivery; a 30-day payment period is 
a reasonable alternative.
  Title III also would require that a mover provide the 
customer a written estimate of charges and a written inventory. 
If the written estimate is non-binding and not based on a 
visual inspection, the carrier would be required to provide a 
revised estimate based on a visual inspection prior to the 
execution of a contract for service. Inaccurate estimates based 
on an inventory provided by a prospective customer over the 
telephone or the internet are the source of many complaints and 
disputes. The intent of this portion of the bill is to 
significantly reduce the number of such disputes by requiring 
an estimate to be based on a visual inspection of the goods 
prior to the execution of a contract.
  If the final charges for a shipment exceed 100 percent of a 
binding estimate or 110 percent of a non-binding estimate, the 
carrier would be required to provide the customer an itemized 
statement of charges at least 24 hours prior to delivery, 
unless such notice is waived by the customer. The carrier would 
be required to disclose that the carrier is required to deliver 
the shipment if the customer pays the mover 100 percent of the 
charges in a binding estimate or 110 percent of the charges in 
a non-binding estimate.
  The bill also would change the standard liability for loss 
and damage to the replacement cost of the goods up to the pre-
declared total value of the shipment, unless the customer 
specifically opts for less protection. Today, the standard 
liability offered by movers is 60 cents per pound, a level that 
may be less than 10 percent of the replacement value of the 
goods being shipped.
  Finally, and perhaps most important, the legislation would 
allow a State authority that regulates the intrastate movement 
of household goods to enforce Federal laws and regulations with 
respect to the transportation of household goods in interstate 
commerce. The Committee believes this step is needed to help 
protect consumers from ``rogue movers'', known for providing 
low-cost estimates and then holding a customer's goods hostage 
until the customer agrees to pay much higher charges.

             TITLE IV -- HAZARDOUS MATERIALS TRANSPORTATION

  The authorization of the hazardous materials transportation 
safety program expired September 30, 1998. While the 1998 
Senate-passed bill to reauthorize the Intermodal Surface 
Transportation Efficiency Act of 1991 (ISTEA) (P.L. 102-240) 
included provisions to reauthorize the hazardous materials 
transportation program, an agreement could not be reached with 
the House of Representatives during the conference on the 
multi-year highway funding programs, which resulted in 
enactment of TEA-21.
  As of 1998, (the most recent data available) the Research and 
Special Program Administration (RSPA) estimated that more than 
four billion tons of hazardous materials -- about 800,000 
shipments daily -- are transported annually by land, sea, and 
air in the United States. Among these materials are flammable 
liquids, combustible solids, gases, and corrosive materials. In 
2000, over 17,000 hazardous material incidents were reported to 
DOT's Hazardous Materials Information System (HMIS). The 
incidents resulted in 13 deaths and 244 injuries directly 
attributable to the materials being transported. More than 85 
percent of reported incidents occurred in the nation's 
highways. Concerns about the safety and security in 
transporting hazardous materials have increased since the 
September 11, 2001, terrorist attacks and transportation 
industry security plans have identified hazardous materials as 
a critical security issue.
  The Federal government has four roles related to hazardous 
materials transportation: regulation, enforcement, emergency 
response, and data collection and analysis. Within DOT, 
responsibility for hazardous materials transportation rests 
with the RSPA. RSPA is responsible for the regulation and 
identification of hazardous materials including hazardous 
materials handling and shipments, the development of container 
standards and testing procedures, the inspection and 
enforcement of multimodal shippers and container manufacturers, 
and for data collection.
  Title IV would authorize funding and strengthen and improve 
programs to ensure the safe transportation of hazardous 
materials. The provisions under title IV are comprised of 
proposals that were recommended by the Administration, labor, 
industry, and other interested parties.
  Specifically, title IV would authorize $24.9 million for the 
Federal hazardous materials transportation programs for FY 
2004, $27 million for FY 2005, $29 million for FY 2006 and $30 
million for each of fiscal years 2007 through 2009. As 
requested by the Administration, the title would modify the 
definition of ``commerce'' to provide jurisdiction over 
hazardous materials activities being conducted on a U.S.-
registered aircraft anywhere in the world. Currently, DOT does 
not have clear authority over U.S.-registered aircraft carrying 
hazardous materials between two foreign points. Such 
jurisdiction would parallel U.S. and DOT jurisdiction over 
other safety aspects of those same flights. Assertion and 
exercise of that jurisdiction over U.S.-registered aircraft is 
necessary for the United States to carry out its obligations 
under the Chicago Convention, which governs international 
aviation.
  Title IV also would make clear that application of the 
hazardous materials regulations apply to persons who prepare or 
accept hazardous materials for transportation in commerce. This 
change is necessary to clarify that non-shipper personnel who 
prepare hazardous materials for transportation on behalf of a 
shipper and non-carrier personnel who accept hazardous 
materials fall under the regulations, including training. Title 
IV also would allow training grants currently available only 
for ``train the trainer'' programs to be made to train 
hazardous materials employees to the extent determined 
appropriate by the Secretary. The authorization for these 
training grants would be $4 million in each of fiscal years 
2004 through 2009. The authorization for grants to States for 
training would be $13.6 million annually in each fiscal year of 
the authorization period, and grants to States for hazmat 
planning would be $8 million annually in each of fiscal years 
2004 through 2009. Additional training was one of the 
recommendations made in DOT's March 2000 report entitled 
``Department-wide Program Evaluation of the Hazardous Material 
Transportation Programs.
  This title would direct the Secretary to reinstate the 
registration fees which were set through an administrative 
rulemaking and were in effect for registration years 2000 to 
2003. RSPA originally began collecting fees pursuant to the 
Hazardous Materials Transportation Act (HMTA) of 1993 (P.L. 
103-311) which established fees of not less than $250 per 
registrant and not more than $5,000 per registrant. RSPA's 
original goal was to collect between $14.3 million and $19 
million to match the appropriations authorized in the Act for 
planning and training grants. The fee was set at the minimum 
amount, $250, for all registrants plus a $50 processing fee. 
Actual collections between 1992 and 1999 averaged about $8 
million annually, and state planning and training grants were 
scaled back accordingly.
  In 2000, RSPA undertook a rulemaking to raise the fees to a 
level that would fully fund the training and planning grants at 
the authorized levels. The rulemaking expanded the number of 
covered entities to include all shippers and carriers of 
placarded loads. Fees for registrants meeting the Small 
Business Administration definition of ``small business'' were 
set at $275 plus a $25 filing fee; fees for other, larger 
companies were set at $1,975 plus a $25 filing fee. Once the 
rulemaking went into effect, collections increased from 
approximately $8 million annually to between $22 million and 
$23 million. RSPA then began expending the maximum amount to be 
spent for state planning and training activities ($14.3 million 
annually), but the other authorized program elements could not 
be fully funded on a regular basis because the appropriations 
committees included language in annual funding bills capping 
RSPA's use of dollars from the fund at $14.3 million. While 
RSPA maintains that its original goal was to collect $14.3 
million to $19 million annually under the new fee schedule, it 
underestimated the number of large companies paying into the 
fund by about 10 percent. This, combined with the limits 
imposed by the appropriators, resulted in a growing balance in 
the account. As the balance in the fund grew, the companies 
subject to the registration fee pushed for a reduction of fees 
and ultimately sued RSPA to adjust the fees so that amounts 
collected were in line with the amounts spent on the authorized 
grant programs. RSPA ultimately reduced the fees to $150 for 
small companies and $300 for large companies, until the balance 
is spent down. RSPA's rulemaking to lower the fees stipulated 
that in 2006 the fees would be re-set at $250 and $975.
  The Committee recognizes that the fee collection and grant 
system envisioned in the HMTA has never been fully reconciled. 
To address overall planning and training needs, the Committee 
has increased the authorization levels for grants. At the same 
time, the Committee has capped the maximum fee under the 
statute at $2000. The Committee also has directed that RSPA re-
instate the fee structure established in 2000 and, coupled with 
spending down the current balance in the fund, expects RSPA to 
fully fund the planning and training grants authorized in this 
legislation.
  Title IV also would retain the current two-year term for 
exemptions but would allow exemptions to be renewed for 
successive periods of up to four years each. It also would 
provide for enhanced authority to discover hidden shipments of 
hazardous materials by clarifying the inspection and 
enforcement authority of DOT officials and inspection 
personnel. The title also would authorize the Secretary to 
issue emergency orders when it is determined, by inspection, 
investigation, testing, or research that a violation of hazmat 
regulations or an unsafe condition is causing an imminent 
hazard. Emergency restrictions, prohibitions, recalls, or out-
of-service orders could be issued without notice or the 
opportunity for a hearing, but only to the extent necessary to 
abate the imminent hazard.
  Further, title IV would authorize the Secretary to 
immediately waive Federal preemption to allow State, local, and 
tribal governments to regulate hazardous material 
transportation to ensure public safety in the event of a 
terrorist threat. An emergency waiver could remain in effect 
for no more than six months unless the Secretary determines in 
writing that the threat continues to exist.
  Title IV would require that every three years, the Secretary, 
through the Bureau of Transportation Statistics, submit a 
report on the transportation of hazardous materials during the 
preceding three years, including a summary of hazmat shipments, 
deliveries, and movements during the period. Better, more up-
to-date information on hazmat movements was another of the 
recommendations made in DOT's 2000 evaluation of the hazmat 
program.
  Further, title IV would prohibit hazardous materials in the 
mail unless specifically authorized by law or Postal Service 
regulation. It also would allow the Postal Service to collect 
civil penalties, and to recover clean-up costs and damages, for 
violations of this provision and regulations issued under it.
Sanitary Food Transportation
  This subtitle was requested by the Administration in its 
SAFETEA proposal and would streamline Federal responsibilities 
for ensuring the safety of food shipments. Primary 
responsibility would be transferred from DOT to the Department 
of Health and Human Services (HHS), which would set practices 
to be followed by shippers, carriers, and others. Highway and 
railroad safety inspectors would be trained to spot threats to 
food safety and to report possible contamination.
  Specifically, this subtitle would: reallocate 
responsibilities for food transportation safety among the HHS, 
DOT, and the Department of Agriculture; require the Secretary 
of HHS to establish sanitary transportation practices to be 
followed by shippers, carriers, and others engaged in food 
transport; allow the Secretary of HHS to prescribe practices 
relating to matters such as sanitation, packaging, and 
protective measures, limitations on the use of vehicles, 
information sharing between shippers and carriers, and record 
keeping, reporting, and compliance with inspections; and 
require the Secretary of Transportation to train DOT personnel 
who perform motor vehicle and railroad related safety 
inspections to identify practices and conditions that could 
pose a threat to food safety and to notify the Secretary of HHS 
and the Secretary of Agriculture of any instances of potential 
food contamination identified during those inspections.
  Some members of the Committee have expressed concern about 
this subtitle.

               TITLE V -- SPORTFISHING AND BOATING SAFETY

  In conjunction with the Finance Committee extensions of the 
motorboat fuel, fishing equipment excise, and other tax and 
trust fund authorizations, this title would reauthorize the 
Boating Safety and Sport Fish restoration programs of the 
Aquatic Resources Trust Fund (commonly called the Wallop-Breaux 
Trust Fund) which are directly funded from these revenues.
  The Sport Fishing and Boating Safety accounts are the two 
primary components of the Wallop-Breaux Trust Fund which were 
brought together in 1984, under the Wallop-Breaux Amendments to 
the Deficit Reduction Act of 1984, and most recently 
reauthorized in 1998 under TEA-21. This fund also funds other 
smaller programs including the Coastal Wetlands and Boating 
Access accounts.
  Under current law, the Sport Fishing account, along with the 
Coastal Wetlands and Boating Access accounts, is funded on a 
percentage basis of incoming tax revenues, while the Boating 
Safety account receives a fixed annual amount. This legislative 
construct has effectively capped the amount authorized for 
Boating Safety while the overall fund continues to grow with 
gas tax revenue increases. This, in turn, has created a funding 
disparity between the Trust Fund accounts which increases 
annually.
  Under the reported title, all of the Wallop-Breaux Trust Fund 
programs would annually receive a set percentage of the total 
revenues. Sport Fish would be set at 55.3 percent, Boating 
Safety at 18 percent, Coastal Wetlands at 18 percent, Clean 
Vessel Act programs at 1.9 percent, Boating Infrastructure at 
1.9 percent, National Outreach and Communications at 1.9 
percent, multi-State grants at 0.9 percent, and fund management 
at 2.1 percent. Under this new formula, Boating Safety funding 
would increase from $64 million in FY 2003 to an estimated $95 
million in FY 2004. Anticipated gas tax revenues increases and 
a dissolution of the current boating safety account would 
prevent the other programs from receiving any funding 
reductions.
  This title also would correct the funding inequities that 
exist under the current authorization, allow all the Wallop-
Breaux programs to share in future revenue growth, and provide 
a permanent appropriation and a significant increase in Boating 
Safety funding.

                          Legislative History

  The Committee held three hearings relating to the development 
of the Committee's TEA-21 reauthorization safety title. On May 
21, 2003, the full Committee held a hearing on the 
Administration's SAFETEA proposal. On May 22, 2003, the 
Subcommittee on Competition, Foreign Commerce, and 
Infrastructure held a hearing on the reauthorization of NHTSA 
programs, and, on June 10, 2003, the full Committee held a 
hearing on reauthorization of FMCSA programs and 
responsibilities.
  On June 26, 2003, the Committee considered an original bill 
and reported it favorably.
  During consideration of the measure, the Committee adopted a 
manager's amendment offered by Senators McCain and Hollings, 
the major provisions of which would: (1) add an occupant 
protection grant program to the bill; (2) reduce the annual 
funding from the emergency medical services program by $5 
million; (3) add to the safety research and standard-setting 
provisions with which NHTSA must comply; (4) direct NHTSA to 
issue a rule that addresses safety belt use reminder 
technologies; (5) establish a program under FMCSA to establish 
medical standards for commercial drivers and a national 
register of medical examiners authorized to perform the medical 
exams required of commercial drivers; (6) modify title III to 
make certain modifications requested by the Administration with 
respect to a study of the effectiveness arbitration; and (7) 
strike the portions of title V that fall under the Finance 
Committee's jurisdiction.
  The Committee also adopted an amendment offered by Senator 
Lautenberg that would require NHTSA to conduct a study of the 
frequency with which persons arrested for the offense of 
operating a motor vehicle under the influence of alcohol refuse 
to take blood alcohol tests, and the effect such refusals have 
on the States' ability to prosecute such persons.
  Further, an amendment offered by Senator Fitzgerald was 
adopted that would direct NHTSA to make a grant to each State 
that enacts or has enacted and is enforcing a child safety seat 
law. The allocation of funds would begin in FY 2006, and States 
would only be eligible for four annual grants.
  The Committee adopted two amendments offered by Senator Burns 
regarding Federal hours-of-service regulations for motor 
carriers. One amendment would expand the existing exemption 
from the hours-of-service regulations for agricultural vehicles 
to include ``any agricultural commodity, food, feed, fiber, or 
livestock, and any product thereof''. The other would exempt 
utility vehicles from both Federal and State hours-of-service 
regulations.
  The Committee adopted an amendment to title II of the bill 
offered by Senator Breaux to replace the Single State 
Registration System (SSRS) with a new Unified Carrier 
Registration System (UCRS) for filing proof of insurance. The 
amendment would establish a fee schedule that sets fees based 
on the number of commercial motor vehicles owned and operated 
by a carrier. The new program would be expanded to include 
private carriers. States currently participating in the SSRS 
would be guaranteed the revenues they currently derive under 
SSRS. Non-SSRS States that participate in UCRS would be 
entitled to an annual allotment of up to $500,000. The 
amendment clarifies that any revenues derived by a State from 
UCRS may be used to meet a State's required match under MCSAP. 
The expanded scope of the program provided by the amendment is 
intended to ensure that all carriers, private and for-hire, 
regulated and exempt, have adequate insurance and are properly 
registered.
  The Committee accepted two amendments offered by Senator 
Dorgan. The first amendment requires that motor carriers 
registered in Mexico and Canada transporting hazardous material 
in the U.S. be subject to a background records check similar to 
that which will apply to U.S.-licensed motor carriers. The 
second amendment requires that Mexican and Canadian trucks and 
buses operating in the U.S. be certified as in compliance with 
U.S. safety regulations.
  By roll call vote, the Committee approved an amendment 
offered by Senator Lautenberg regarding truck lengths 
permissible on the National Highway System (NHS). The amendment 
would establish a maximum trailer length limit on the NHS of 53 
feet, but allow existing legal operations of trailers that 
exceed 53 feet in length as of June 1, 2003, to continue. The 
amendment also would extend to the NHS the existing freeze on 
the operation of longer combination vehicles (LCVs) on the 
Interstate System. The NHS consists of approximately 150,000 
miles of Federal-aid highways and includes the Interstate 
System.
  The Committee also accepted two amendments offered by Senator 
Boxer to title IV of the bill. The first would eliminate the 
authority of the DOT to indefinitely extend an emergency waiver 
of Federal preemption of a State or local law. The second 
amendment would make mandatory the requirement for notice and 
an opportunity for a hearing before hazardous materials 
regulations are issued.
  During the executive session, a number of rail-related 
amendments also were offered and adopted to the reauthorization 
legislation, establishing an additional title (title VI) to the 
Committee-reported bill. Senator Hutchison offered an amendment 
which had two provisions. The first provision of the amendment 
would authorize funding of $2 billion annually for Amtrak for 
fiscal years 2004 through 2009. The second provision of the 
Hutchison amendment would establish a Railroad Infrastructure 
Financing Corporation. The Committee also adopted an amendment 
offered by Senator Wyden that would allow any bond funds made 
available for passenger rail projects to be used for highway, 
transit, rail, port, or inland waterway projects if the 
Secretary of Transportation determines that another project is 
a more cost-effective alternative for efficiently maximizing 
the mobility of individuals and goods.
  However, during consideration of the Hutchison amendment, the 
proponents clarified that the provision is designed as a 
placeholder only, and that their intent was to develop a more 
comprehensive bill to address both Amtrak as well as the 
establishment of a financing mechanism for rail infrastructure 
for both freight and passenger needs. They made clear their 
intention to replace the Committee-adopted provision during 
consideration by the full Senate.
  Title VI also includes several additional railroad provisions 
which were adopted at the executive session. Senator Breaux 
offered an amendment on behalf of himself and Senator Smith 
that would establish a grant program to assist smaller 
railroads in upgrading their tracks and roadbed, including for 
the purpose of accommodating newer, heavier freight cars along 
their lines. The maximum Federal share would be 80 percent of 
the cost of a project and the program would be authorized at 
$350 million from the general fund in each of fiscal years 2004 
through 2006. Additionally, Senator Lott offered an amendment 
that would establish a grant program to provide financial 
assistance to States to relocate rail lines or construct grade 
separations to mitigate traffic congestion. The Federal share 
would be 90 percent of the shared costs of a project and the 
program would be authorized at $350 million from the general 
fund in each of each of fiscal years 2004 through 2008.

                            Estimated Costs

  In compliance with subsection (a)(3) of paragraph 11 of rule 
XXVI of the Standing Rules of the Senate, the Committee states 
that, in its opinion, it is necessary to dispense with the 
requirements of paragraphs (1) and (2) of that subsection in 
order to expedite the business of the Senate.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:
  Title I, subtitle A, of the Committee bill would generally 
make several conditional grants pursuant to which the Federal 
government would provide specific funds to a State if that 
State were to implement a program set forth in the Committee 
bill. For example, section 106 of the bill would grant 
significant incentive funds to States that have not enacted 
primary safety belt laws for all passenger motor vehicles as of 
December 31, 2002, but that either: (1) adopt such laws after 
December 31, 2002, or (2) have achieved a safety belt use rate 
of at least 90 percent, as measured under criteria set by the 
Secretary. Such conditional grants, which may result in 
additional State regulation of individuals, are designed to 
increase highway safety and lower the overall costs resulting 
from the expected reduction in the number and seriousness of 
highway accidents in this country. Subtitle A also would 
streamline the safety program grant system and require NHTSA to 
establish a process by which a State may apply for all NHTSA 
safety program funds through a single annual application, which 
would likely reduce the paperwork involved in the program funds 
application process. Finally, section 110 of subtitle A would 
require NHTSA to allocate funds to States that implement an 
impaired operation information system that, among other things, 
tracks drivers who are arrested or convicted for violation of 
laws prohibiting impaired driving. Such an information system 
could have personal privacy implications, but it is intended 
only to permit States to maintain information on drivers who 
are arrested or convicted for violations of laws prohibiting 
the impaired operation of motor vehicles, which could result in 
greater highway safety.
  Subtitle B of title I generally would require NHTSA to 
promulgate several safety-related vehicle rules that, once 
implemented, would result in additional regulatory requirements 
for affected motor vehicle and tire manufacturers but would 
also likely result in a reduction in the number and seriousness 
of highway accidents in the United States. For example, section 
156 contains provisions that would direct NHTSA to issue safety 
regulations to reduce vehicle incompatibility and aggressivity 
for passenger vehicles and non-passenger vehicles. Though these 
requirements would probably have an economic impact on vehicle 
manufacturers, such regulations would also likely ameliorate 
the growing problem of vehicle incompatibility and aggressivity 
in the United States and thus reduce the number and seriousness 
of, as well as the overall costs associated with, highway 
accidents in this country.
  Title II of the Committee bill would require that applicants 
for a CMV learner's permit pass a written test. Further, CDLIS 
would be expanded to include learner's permits to ensure that 
individuals holding CMV learner's permits may not hold more 
than one permit. Because issuance of CMV learner's permits is 
currently not tracked, it is unclear how many permits are 
issued annually. However, the American Association of Motor 
Vehicle Administrators estimates that approximately 500,000 
CDL's are issued annually. To the extent that holders of CMV 
learner's permits currently hold permits from multiple States, 
this requirement would tend to reduce administrative expenses 
for State departments of motor vehicles. The additional 
paperwork associated with the learner's permit program is 
expected to be minimal.
  Title II also would establish a registry of medical examiners 
qualified to perform physical examinations for CMV drivers. The 
size of the registry, and hence the number of physicians 
covered, would be determined by FMCSA. Because only physicians 
listed on the registry could perform the physicals required of 
CMV drivers, drivers and their companies could experience some 
inconvenience compared to the existing regulations, which allow 
any licensed medical professional to perform the exams. While 
these requirements may reduce the overall number of medical 
providers due to more rigorous training and oversight and may 
ultimately result in the disqualification of some drivers who 
do not meet the medical qualifications for professional 
drivers, it is expected that this provision will enhance the 
overall safety of the motoring public as well as create 
consistency and improved quality in the medical program on a 
national level.
  Section 230 of title II would establish a program to permit 
individuals who are treated with insulin for diabetes to 
operate a CMV in interstate commerce. The American Diabetes 
Association estimates that approximately 17 million people in 
the United States, or 6.2 percent of the population, have 
diabetes. FMCSA has estimated that, under its restrictive rule 
requiring three years of intrastate driving experience to be 
eligible for an interstate driving exemption, 700 applications 
would be submitted annually. This number could be expected to 
rise under the Committee proposal, since eligibility could be 
established after a shorter period of adjustment to treatment 
with insulin. The exemption program is expected to have a 
positive economic impact for drivers who qualify for the new 
exemption.
  Subtitle B of title II would extend to private motor carriers 
operated by manufacturers, distributors, and retailers the 
requirement to file proof of insurance. Thousands of private 
carriers exist nationwide, ranging in size from family-owned 
small businesses to Fortune 500 companies. These carriers would 
be subject to a new filing fee, based on the number of 
commercial motor vehicles owned and operated by the carrier. 
However, the fees are expected to produce the same total 
revenue even with the inclusion of private carriers, as 
existing fees assessed for-hire truckers would decline.
  The provisions of title III of the Committee bill would 
increase oversight of interstate household goods movers by 
Federal and State regulators. The Committee bill would impose 
additional requirements on movers, including requirements that: 
1) movers provide customers written estimates of moving 
charges; 2) supply customers with two DOT publications, ``Ready 
to Move?'' and ``Your Rights and Responsibilities When You 
Move;'' and 3) provide written notification of charges prior to 
shipment delivery (in certain cases) unless such notification 
is waived by the customer. According to the General Accounting 
Office (GAO), approximately 2,900 motor carriers are registered 
with DOT to transport household goods in interstate commerce. 
These requirements will increase paperwork and administrative 
costs for movers, but they will protect consumers from 
fraudulent, excessive, and/or unexpected moving charges.
  Title IV would allow DOT to initiate a program to randomly 
inspect cargo shipments at U.S. Customs ports of entry to 
determine the extent to which undeclared hazardous material is 
being offered for transportation. The economic impact of this 
provision would primarily be the cost of delaying shipments for 
inspection.
  Additionally, title IV would authorize appropriations of 
$27.6 million for fiscal years 2004 through 2009 for State 
emergency response planning and training grants and related 
activities funded through a registration fee on shippers of 
hazardous materials. The bill would reinstate fees that had 
been reduced through regulatory action. The maximum fee would 
be $2,000. In recent years, RSPA has employed a two-tier fee 
structure, charging small businesses a fee of $300 and all 
other registrants a fee of $2,000. The Committee assumes RSPA 
will retain a tiered fee structure.
  Subtitle C of title IV would authorize HHS to establish new 
practices to be followed by shippers, carriers, and others 
engaged in the transportation of food. Manufacturers, 
distributors, motor carriers, and others could be subject to 
new regulations.
  The number of persons covered by the rail relocation and 
shortline grant programs in title VI would be the States and 
the 500-plus shortline and regional railroads, at the States' 
and carriers' election to participate in the program. The 
provision, by providing grants for infrastructure 
rehabilitation and improvement, is expected to promote economic 
growth and development and should prevent disruptions in rail 
service along Class II and III railroads where capital costs 
would otherwise drive carriers out of business.
  The Committee foresees no further specific impact on the 
number of people covered, the economy, privacy, or paperwork.

                      Section-by-section Analysis

Section 1. Short Title.
  This section states that the Act may be cited as the 
``Surface Transportation Safety Reauthorization Act of 2003''.

Sec. 2. Table of Contents.
  This section provides a table of contents for the Surface 
Transportation Safety Reauthorization Act of 2003.

                       TITLE I -- HIGHWAY SAFETY

               SUBTITLE A -- HIGHWAY SAFETY GRANT PROGRAM

Sec. 101. Short Title; Amendment of Title 23, United States Code.
  The subtitle is entitled the ``Highway Safety Grant Program 
Reauthorization Act of 2003''.

Sec. 102. Authorization of Appropriations.
  This section would authorize amounts from the Highway Trust 
Fund for safety programs administered by NHTSA. The aggregate 
proposed authorization is approximately $539 million for FY 
2004, $551 million for FY 2005, $564 million for FY 2006, $591 
million for FY 2007, $630 million for FY 2008, and $641 million 
for FY 2009. In addition, this section provides that, if 
revenue to the Highway Trust Fund for a given fiscal year is 
lower than the amounts authorized in subtitle A, such a 
reduction would not affect the highway safety programs provided 
for in this bill. Finally, this section would provide for a 
proportional increase for NHTSA's grant programs if revenue to 
the Highway Trust Fund increases above currently authorized 
amounts.

Sec. 103. Highway Safety Programs.
  This section would make minor modifications to section 402 of 
title 23 U.S.C. including the requirement that NHTSA promulgate 
uniform guidelines designed to reduce aggressive driving and to 
educate drivers about defensive driving. In addition, this 
section would increase minimum funding for tribal governments 
under section 402 from three-quarters of one percent to two 
percent.
  This section also would prohibit any State from receiving 
NHTSA safety program funds after FY 2004 if that State has not 
actively encouraged law enforcement agencies in that State to 
follow guidelines for police chases issued by the International 
Association of Chiefs of Police (IACP). It would permit NHTSA 
to make section 402 funds available for making grants to States 
under sections 405 (occupant protection incentive grants) and 
410 (impaired driving program grants).
  This section also would require that NHTSA establish a 
process by which a State may apply for all NHTSA safety program 
funds through a single annual application.

Sec. 104. Highway Safety Research and Outreach Programs.
  This section would amend section 403 of title 23 U.S.C. in 
its entirety. It would give NHTSA the authority to use section 
403 funds to conduct research on highway safety and traffic 
conditions, driver behavior and its effect on traffic safety, 
fatigued driving, the effects that electronic devices have on 
driving, and other general highway safety research matters. 
This section also would direct NHTSA to conduct three specific 
research programs: (1) a study on the effects of the use of 
controlled substances on driving; (2) a study to collect on-
scene motor vehicle collision data and to determine crash 
causation; and (3) a study on the safety of highway toll 
collection facilities.
  In addition, this section would require NHTSA to establish 
and administer a program under which 3 high-visibility traffic 
safety law enforcement campaigns would be carried out in each 
of FYs 2004 through 2009. The purpose of the campaigns would be 
to reduce alcohol-impaired or drug-impaired driving and to 
increase the use of seat belts by motor vehicle occupants.
  Also, section 403 would require NHTSA to carry out a program 
to conduct a comprehensive research and demonstration program 
to improve traffic safety pertaining to older drivers. In 
addition, it would require NHTSA to carry out a program to 
train law enforcement officers in police chase techniques that 
are consistent with the guidelines issued by the IACP. Finally, 
section 403 would give NHTSA the authority to participate and 
cooperate in international activities to enhance highway 
safety.

Sec. 105. National Highway Safety Advisory Committee Technical 
        Correction.
  This section would make a minor technical correction to 
section 404(d) of title 23 U.S.C.

Sec. 106. Occupant Protection Grants.
  This section would amend section 405 of title 23 U.S.C. to 
implement a program that would provide grants to States that 
have enacted and enforced primary seat belt laws or otherwise 
increase their seat belt use rates significantly. Specifically, 
under section 405, States that have adopted and are enforcing 
primary safety belt laws for all passenger motor vehicles as of 
December 31, 2002, would receive grant funds. In addition, 
section 405 would provide significant one-time incentive grants 
to states that have not enacted such laws as of December 31, 
2002, but either: (1) adopt such laws after December 31, 2002, 
or (2) have achieved a safety belt use rate of at least 90 
percent, as measured under criteria set by the Secretary. 
Qualifyig States woule be eligible for such one-time grants 
until FY 2009. In the event that additional funds remain after 
the above grants have been made, section 405 would provide that 
States that further increase their safety belt use rates by 
specified percentages would recieve such additional funds. This 
section also sets forth the permitted uses of such grants.

Sec. 107. School Bus Driver Training.
  This section would delete certain obsolete provisions of 
section 406(c) of title 23 U.S.C.

Sec. 108. Emergency Medical Services.
  This section would create a new section 407(a) of title 23 
U.S.C. directing the Secretary and the Secretary of Homeland 
Security to establish jointly a Federal Interagency Committee 
on Emergency Medical Services (Interagency Committee). The 
purposes of the Interagency Committee would be to, among other 
things, ensure coordination among the Federal agencies involved 
with State, local, tribal, or regional emergency medical 
services and 9-1-1 systems. This section also would provide 
funding to aid the States in conducting coordinated emergency 
medical services and 9-1-1 programs as described in this 
section.

Sec. 109. Repeal of Authority for Alcohol Traffic Safety Programs.
  This section would eliminate section 408 of title 23 U.S.C., 
which would be replaced largely by a rewritten section 410.

Sec. 110. Impaired Driving Program.
  Under section 110, the language in the existing section 410 
would largely be replaced. Among other things, revised section 
410 would allocate funds to States that implement, among other 
things, the following programs and activities: (1) check-point 
and saturation patrol programs for determining whether drivers 
are driving under the influence of alcohol or controlled 
substances; (2) programs to monitor and enhance the 
adjudication by States of impaired driving offenses; and (3) an 
impaired operation information system that, among other things, 
tracks drivers who are arrested or convicted for violation of 
laws prohibiting impaired driving.
  Section 410 also would require States to coordinate high-
visibility law enforcement campaign of check-points and 
saturation patrols to identify impaired drivers with NHTSA's 
national advertising campaigns. In addition, section 410 would 
require extra funding for each of the 10 states that have the 
highest impaired driving-related fatality rates.

Sec. 111. State Traffic Safety Information System Improvements.
  This section would create a new section 412 of title 23 
U.S.C. that would require NHTSA to make grants of financial 
assistance to eligible States to support the development and 
implementation of programs that would, among other things, 
improve the timeliness, accuracy, completeness, uniformity, 
integration, and accessibility of the States' safety data, 
which is needed to identify priorities for highway traffic 
safety programs.

Sec. 112. NHTSA Accountability.
  This section would amend chapter 301 of title 49 U.S.C. by 
adding section 30106, which would create a framework for 
advancing NHTSA's management of its grant programs and its 
regional offices' interactions with the States. For example, 
this section would direct NHTSA to undertake a State grant 
administrative review of the practices and procedures of 
NHTSA's regional offices to formulate best practices for such 
offices' administration of NHTSA grant programs.
  In addition, this section would increase NHTSA's 
accountability to the public by requiring the agency to post 
for public review on its website documents such as the NHTSA 
management review and program review guidelines.

Sec. 113. Effective Dates.
  This section would make the legislation effective on October 
1, 2003, except for section 112, which would become effective 
on the date of the enactment of the subtitle.

         SUBTITLE B -- SPECIFIC VEHICLE SAFETY-RELATED RULINGS

Sec. 151. Amendment of Title 49, United States Code.
  This section would clarify that, unless otherwise stated, all 
references in this subtitle are to provisions of title 49 
U.S.C.

Sec. 152. Load Capacity of Labeling for Trucks.
  This section would require the Secretary to promulgate by 
June 30, 2005, a final rule that would require each 
manufacturer of a new light duty truck manufactured after 
September 30, 2005, to establish and cause to be attached on 
each such truck at least one label containing a statement of 
the vehicle's maximum weight carrying capacity.

Sec. 153. Vehicle Crash Ejection Prevention.
  This section would require that NHTSA issue a rule to require 
manufacturers of new motor vehicles to modify door locks, 
latches, and other retention components to prevent occupant 
ejection in vehicle accidents. In addition, this section would 
require the issuance of a final rule on this matter by no later 
than June 30, 2006.

Sec. 154. Vehicle Backover Avoidance Technology Study.
  This section would require that NHTSA conduct a study of 
effective methods for reducing the incidence of injury and 
death outside of parked vehicles attributable to movement of 
the parked vehicle. In addition, this section would require the 
issuance by NHTSA of a report of its findings on this matter no 
later than December 31, 2005.

Sec. 155. Vehicle Backover Data Collection.
  This section would grant permission to NHTSA to establish 
methods of collection and maintenance of data on injuries and 
deaths involving motor vehicles in non-traffic, non-accident 
situations to assist in the analysis regarding the inclusion of 
backover prevention technologies in vehicles.

Sec. 156. Aggressivity and Incompatibility Reduction Standard.
  This section would require that NHTSA issue safety 
regulations to reduce vehicle incompatibility and aggressivity 
for passenger vehicles and non-passenger vehicles. This section 
also would require NHTSA to develop a standard rating metric to 
evaluate compatibility and aggressivity among passenger motor 
vehicles. In addition, this section would require the issuance 
of final rules on these vehicle incompatibility and 
aggressivity matters by no later than December 31, 2007.

Sec.157. Improved Crashworthiness.
  This section would require that NHTSA prescribe the following 
motor vehicle safety standards for passenger motor vehicles 
with a gross vehicle weight rating of not more than 10,000 
pounds: (1) rollover crashworthiness standards using a roof-
strengths standard based on tests that realistically duplicate 
the forces transmitted to a vehicle in an on-roof rollover 
crash; (2) a safety standard to improve the protection afforded 
to occupants of all sizes in frontal impact crashes; and (3) a 
safety standard to improve the protection of occupants of all 
sizes in side impact crashes. In addition, this section would 
require the issuance of a final rule on these matters by no 
later than March 31, 2006.

Sec. 158. 15-Passenger Vans.
  This section would require NHTSA to initiate a rulemaking to: 
(1) include 15-passenger vans and vehicles with a gross vehicle 
weight rating of up to 10,000 pounds in NHTSA's dynamic 
rollover testing program, and (2) require such vans and 
vehicles to comply with all existing and prospective Federal 
Motor Vehicle Safety Standards (FMVSS) for occupant protection 
and vehicle crash avoidance. This section would require the 
issuance of a final rule on these matters by no later than 
September 31, 2004.
  This section also would require NHTSA to include passenger 
motor vehicles with a gross vehicle weight rating of up to 
10,000 pounds in NHTSA's New Car Assessment Program rollover 
resistance program. Further, this section would require NHTSA 
to issue and implement a final rule requiring the application 
of Federal motor carrier safety regulation to 15-passenger vans 
used for commercial purposes. It also would require NHTSA to 
evaluate and test the potential of technological systems to 
assist drivers in maintaining control of 15-passenger vans with 
gross vehicle weight ratings of up to 10,000 pounds.

Sec. 159. Tires.
  This section would require every tire manufacturer to 
reimburse owners or purchasers of their defective tires for the 
replacement cost of such tires incurred by owners or purchasers 
prior to the time they received the manufacturer's defect 
notice regarding such defective tires. Such reimbursement 
responsibility would last for up to six months after the last 
defect notice is mailed to owners. This section also would 
require the Secretary to issue by not later than June 1, 2005, 
a final rule to upgrade FMVSS 139 to include certain safety 
performance criteria not addressed in the June 2003 final rule 
mandated by the Transportation Recall Enhancement, 
Accountability, and Documentation (TREAD) Act. Finally, section 
159 requires the Secretary to reconsider the use of 
shearography analysis, on a sampling basis, for regulatory 
compliance and requires NHTSA to report to Congress on the most 
cost-effective methods of using such technology.

Sec. 160. Safety Belt Use Reminders.
  This section would direct the Secretary to issue a rule not 
later than 24 months after the date of enactment of this bill 
to encourage increased seat belt usage by drivers and right 
outboard front seat passengers of passenger cars, multipurpose 
passenger vehicles, and trucks with a gross vehicle weight 
rating of less than 10,000 pounds. Section 160 would require 
that the proposed rule address, among other things, the 
potential safety benefits and public acceptability of 
alternative means of encouraging seat belt usage.

Sec. 161. Missed Deadlines Reports.
  This section would promulgate certain actions to be carried 
out if the Secretary fails to meet any rulemaking deadline as 
specified.

Sec. 162. Grants for Improving Child Passenger Safety Programs.
  This section would authorize grants to States if they meet 
certain criteria regarding child safety seats. This section 
also details the allocations of the grants and requires a 
report from each State that receives a grant.

Sec. 163. Bus Crash Testing.
  This section would require the Secretary to issue a rule by 
not later than December 31, 2009, to create test methodology 
for motorcoach crash testing and to conduct such testing.

Sec. 164. Authorization of Appropriations.
  This section would authorize the following amounts for NHTSA 
to carry out the above rulemakings: $130.5 million for FY 2004, 
$133.5 million for FY 2005, $133.6 million for FY 2006, $134.5 
million for FY 2007, $138 million for FY 2008, and $141 million 
for FY 2009.

   TITLE II -- MOTOR CARRIER SAFETY AND UNIFIED CARRIER REGISTRATION

Sec. 201. Short Title; Amendment of Title 49, United States Code.
  This section establishes that this title may be referred to 
as the Motor Carrier Safety Reauthorization Act of 2003. Unless 
otherwise stated, amendments made by this title are to title 
49, United States Code.

Sec. 202. Required Completion of Overdue Reports, Studies, and 
        Rulemakings.
  The section would require the Secretary to complete, within 
36 months of enactment, all outstanding reports, studies, and 
rulemaking proceedings mandated by Congress in previous 
legislation, including TEA-21, MCSIA, and other acts dating 
from 1988. At least one-third of the overdue reports, studies 
and proceedings would have to be completed during each 12-month 
period for three years. If in any year FMCSA fails to achieve 
this goal, the bill directs the Secretary of Transportation to 
reallocate $3 million from FMCSA's appropriation for 
administrative expenses to the States to conduct additional 
compliance reviews. The section also would require FMCSA to 
issue a report on the status of six other projects to the 
Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Transportation and 
Infrastructure within 12 months following enactment.

Sec. 203. Contract Authority.
  The section would create contract authority to fund the motor 
carrier safety programs, including the administrative expenses 
of FMCSA.

                   SUBTITLE A -- MOTOR CARRIER SAFETY

Sec. 221. Minimum Guarantee.
  This section would provide that the appropriation from the 
Highway Trust Fund, other than the Mass Transit Account, shall 
be a minimum of 1.21 percent of the total amounts made 
available in any fiscal year for the motor carrier safety 
programs.

Sec. 222. Authorization of Appropriations.
  This section would authorize the following appropriations for 
FMCSA safety programs (excluding MCSAP) for fiscal years 2004 
through 2009. Because the legislation creates contract 
authority to fund the entire program, this section would repeal 
funding for FMCSA through an administrative take-down.

Sec. 223. Motor Carrier Safety Grants.
  The following sums would be authorized for the MCSAP program 
for fiscal years 2004 through 2009:
                                        ($ millions)
            FY2004          $186.10
            FY2005          $189.82
            FY2006          $193.62
            FY2007          $197.49
            FY2008          $201.44
            FY2009          $205.47

  Included in these authorizations is $29 million for the 
States to administer the new entrant program. New entrant 
grants would not require a State match. It is expected that the 
States would normally use government employees, not 
contractors, to carry out the audits. Should they be unable to 
do so, the Secretary would be authorized, but not be required, 
to expend the funds directly to carry out new entrant audits in 
those jurisdictions.

                      Federal Motor Carrier Safety Program Funding Committee Recommendation
                                               [In Millions of $]
----------------------------------------------------------------------------------------------------------------
                                                            FY 2004  FY 2005  FY 2006  FY 2007  FY 2008  FY 2009
----------------------------------------------------------------------------------------------------------------
Total Federal Administration                                 202.90   206.20   211.40   217.50   222.60   228.50
    Federal Administration................................   196.15   199.45   204.65   210.75   215.85   221.75
    Medical Program.......................................     6.75     6.75     6.75     6.75     6.75     6.75
Grant Programs                                                83.00    84.00    85.00    86.00    88.00    90.00
    CVISN.................................................    25.00    25.00    25.00    25.00    25.00    25.00
    CDL Improvement.......................................    22.00    22.00    23.00    23.00    24.00    25.00
    Border Enforcement....................................    32.00    33.00    33.00    34.00    35.00    36.00
    PRISM.................................................     4.00     4.00     4.00     4.00     4.00     4.00
----------------------------------------------------------------------------------------------------------------

  As under current law, up to 5 percent of MCSAP grant funds 
could be set aside for high priority activities that improve 
commercial motor vehicle safety and are national in scope. The 
section would require that a least 80 percent of funds set 
aside for high priority projects be awarded to State and local 
agencies.
  The Secretary also would be authorized to designate up to 10 
percent of MCSAP funds for a safety performance incentive 
program to reward States that showed improved vehicle safety. 
Although DOT has broad discretion to determine the details of 
the program, the Secretary would be required, at a minimum, to 
focus on reductions in the number and rate of fatal accidents 
involving CMVs. These grants would not require a matching 
contribution from State or local governments.
  State plans for MCSAP, in addition to existing qualification 
requirements, would have to (1) include in training manuals for 
the license exams for non-commercial vehicle and CMV drivers, 
information on best practices for sharing the road safely with 
trucks and cars; (2) provide that the State will place out of 
service any vehicle discovered to be operating without 
registration or beyond the scope of its registration; and (3) 
ensure that inspections of intercity buses are conducted at 
stations, terminals, border crossings, or maintenance 
facilities, except in the case of an imminent hazard. States 
would be authorized to use MCSAP funds to enforce traffic laws 
and regulations against CMVs and against non-commercial 
vehicles when the behavior of drivers of smaller vehicles 
increases the risk of CMV accidents. This type of enforcement 
would no longer have to be combined with a CMV inspection.
  Subsection (b) would clarify that funds provided for border 
enforcement grants are to go to States that share a border with 
another country. Grant recipients could not use Federal funds 
to replace State funds. As a condition of receiving a border 
enforcement grant, States would be required to maintain their 
own expenditures at a level at least equal to the average level 
of expenditure by the State for the two years before October 1, 
2003.
  Subsection (c) would replace the existing ``emergency grant'' 
program for the CDL program with a permanent grant program to 
help States improve their CDL programs. As noted in the 
description of section 222 of the bill, $22 million would be 
authorized for CDL grants in FY 2002, rising to $25 million in 
FY 2009. FMCSA would be directed to give priority to grants 
that will be used to achieve compliance with Federal laws and 
regulations governing the CDL program. The Secretary would 
reimburse a State for no more than 80 percent of the cost of 
the improvements and each State would be required to maintain 
its previous level of CDL expenditures. In addition to the 
matching grants, the Secretary would be authorized to make 
grants to States and other parties for 100 percent of the cost 
of high-priority CDL activities. The Secretary could designate 
up to 10 percent of the funds available under this subsection 
for high-priority grants. The Secretary could also designate up 
to 10 percent of the CDL grant funds for discretionary 
allocations to State agencies, local governments, or other 
persons to deal with emerging problems. Up to 0.75 percent of 
the funds available for CDL grants could be deducted for 
administrative expenses.
  The section also would amend the penalty provisions of the 
CDL statute to require the withholding of up to 5 percent of 
Federal highway funds for the first year of State noncompliance 
with the requirements of the CDL program and up to 10 percent 
for the second and subsequent years of noncompliance. 
Currently, the penalties are 5 percent for the first year of 
noncompliance and 10 percent thereafter. The change is intended 
to give the Secretary more flexibility to assess a penalty for 
noncompliance.

Sec. 224. CDL Working Group.
  This section would require the Secretary to convene a working 
group to study and report on the need for improvements to the 
CDL program in order to improve safety. The working group would 
be required to address such issues as State enforcement 
practices, operational procedures to detect and deter fraud, 
needed improvements for seamless information-sharing between 
States, updated technology, and timely notification from 
judicial bodies of traffic and criminal convictions involving 
CDL holders. The group would be required to submit a report to 
the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation 
and Infrastructure within two years following enactment.

Sec. 225. CDL Learner's Permit Program.
  Pursuant to recommendations made by the DOT Inspector 
General, this section would require that individuals pass a 
written test to obtain a CMV license learner's permit. 
Learner's permits would be incorporated into the CDLIS 
database.

Sec. 226. HOBBS Act.
  Subsection (a) would amend the Hobbs Act to make clear that 
all safety statutes are subject to exclusive review by the U.S. 
Courts of Appeal.

Sec. 227. Penalty for Denial of Access to Records.
  FMCSA investigators have broad authority to inspect and copy 
motor carrier and shipper records and most carriers and 
shippers readily grant access to requested records. Some, 
however, deliberately impede the investigative process by 
refusing to set an audit date, or, after setting a date, by 
ordering investigators off the premises, occasionally with a 
show of force. Others take a more subtle approach, feigning 
illness or declaring an ``emergency'' during the audit, 
pleading inability to produce records because of the absence of 
key personnel, or delivering documents at a pace designed to 
prolong the audit beyond the time available to the 
investigator.
  While investigators can issue an administrative subpoena for 
documents, refusal to comply requires the agency to file an 
action in Federal court to enforce the subpoena. This process, 
though effective, is relatively slow and labor-intensive, and 
the cost to a carrier or shipper who does not seriously contest 
the action is minimal.
  This section would create a financial penalty to dissuade 
uncooperative carriers and shippers from denying or impeding 
FMCSA's legitimate access to records.

Sec. 228. Medical Review Board and Medical Examiners.
  Section 228 would create a five-member Medical Review Board 
to provide FMCSA medical advice and recommendations on driver 
qualification medical standards and guidelines, medical 
examiner education, and medical research. The Secretary, with 
the advice of the Medical Review Board, would be required to 
develop medical standards for CMV drivers, requirements for 
periodic physical examinations, and courses for medical 
examiners. Every CMV driver would be required to have a current 
valid medical certificate.
  A national registry of medical examiners would be established 
and only physicians listed on the registry could perform CMV 
driver physical exams and issue medical certificates.

Sec. 229. Insulin Treated Diabetes Mellitus.
  This section would require the Secretary to issue a final 
rule that will allow individuals who use insulin to treat their 
diabetes to operate CMV in interstate commerce. The final rule 
may not require that an individual have experience operating a 
CMV while using insulin. However, the Secretary may require a 
minimum period of insulin use, consistent with the findings of 
FMCSA's expert medical panel in July 2000.

Sec. 230. Financial Responsibility for Private Motor Carriers.
  The section would extend to private motor carriers the 
existing requirement for for-hire motor carriers to maintain 
minimum levels of financial responsibility to cover public 
liability and property damage for the transportation of 
passengers or goods. The Secretary may require private carriers 
to file the same evidence of financial responsibility that is 
required of for-hire carriers.

Sec. 231. Increased Penalties for Out-of-service Violations and False 
        Records.
  The civil penalties for recordkeeping violations are $500 for 
each day the offense continues, up to a maximum of $5,000, or 
$5,000 for each recordkeeping violation that can be shown to 
have misrepresented a fact constituting a non-recordkeeping 
violation. Subsection (a) would double these penalties to up to 
$1,000 for each day the offense continues, or up to $10,000 for 
an offense that misrepresents a non-recordkeeping violation. 
Recordkeeping violations frequently have no other purpose than 
to conceal a safety violation, and they often succeed. Higher 
penalties should reduce both the number of recordkeeping 
violations and, indirectly, the number of safety violations as 
well.
  The current penalties for a driver who violates an out-of-
service (OOS) order are, for a first offense, a 90-day 
disqualification from operating a CMV and a civil penalty of at 
least $1,000 and for a second offense, disqualification for one 
to five years and a civil penalty of at least $1,000. An 
employer who knowingly allows or requires a driver to violate 
an OOS order is subject to a civil penalty of up to $10,000. 
OOS orders can be issued for a variety of reasons: for failure 
to pay civil penalties on schedule; for having an 
unsatisfactory safety rating; for violating the agency's hours-
of-service or equipment regulations; or because the motor 
carrier constitutes an imminent hazard. Enforcement officers 
cannot afford to spend hours monitoring a single OOS vehicle, 
and tracking possible movements of an entire OOS fleet is even 
more difficult. As a result, many OOS orders are violated. One 
effective deterrent to violating an OOS order is to raise the 
cost to violators.
  Subsection (b) would increase to a maximum of $25,000 the 
civil penalty for a motor carrier that knowingly orders a 
driver to proceed despite an OOS order. An employer who 
knowingly and willfully ignores OOS orders is liable to 
imprisonment for up to a year or a fine of up to $100,000 if 
the violation did not result in death, or up to $250,000 if it 
did result in death, or both. The section also would increase 
penalties for drivers who decide on their own to ignore an OOS 
order. Subsection (b) would increase a driver's penalty for a 
first offense to a 180-day disqualification and a civil penalty 
of at least $2,500, and, for a second offense, to a two to five 
year disqualification and a civil penalty of up to $5,000.

Sec. 232. Elimination of Commodity and Service Exemptions.
  The section would repeal a number of obsolete and unjustified 
exemptions for certain operations or commodities from DOT and 
the Surface Transportation Board (STB) regulation under title 
49 U.S.C. chapters 131-149.
  The section would delete the exemptions for transportation by 
motor vehicle of a number of commodities, including ordinary 
livestock, agricultural or horticultural commodities, 
commodities on a 1958 ICC list, fish and shellfish, livestock 
and poultry feed, and agricultural seeds and plants. Exemptions 
also would be repealed for used pallets, used empty shipping 
containers, natural, crushed or vesicular rock to be used for 
decorative purposes, wood chips, and broken, crushed or 
powdered glass. Most of these exemptions were enacted at a time 
when ICC economic regulations protected existing motor carriers 
that specialized in transporting certain commodities, making it 
difficult, expensive, and time-consuming for potential 
competitors to enter the industry. That regulatory system has 
largely disappeared. FMCSA, which administers most of the 
remaining commercial statutes, is principally a safety agency. 
The repeal of these provisions would require for-hire carriers 
of these commodities to register with FMCSA and may require 
some of them to file tariffs with and comply with the 
regulations of the STB. In general, however, the effect of the 
repeal would simply be to give FMCSA jurisdiction over motor 
carriers under the commercial statutes comparable to the 
jurisdiction it already has over these carriers through the 
safety statutes.

Sec. 233. Intrastate Operations of Interstate Motor Carriers.
  As defined in 49 U.S.C. 31132(1), a vehicle is not a CMV 
unless it operates in interstate commerce. One of the 
implications of the definition is that the Secretary's 
authority to determine the safety fitness of CMV owners and 
operators encompasses the accident and safety inspection record 
of such companies or individuals on interstate trips, but not 
on intrastate trips. Most interstate motor carriers also have 
substantial intrastate operations.
  For safety purposes, it is artificial and counterproductive 
to create two classes of accidents and safety inspection data 
-- one subject to Federal jurisdiction, the other not -- when 
both (typically) involve the same vehicles, drivers, 
dispatchers, mechanics, and safety management controls, and may 
cause the same kind of death, injury, or physical damage. In 
examining a motor carrier's accident and inspection data, it is 
often difficult, and sometimes impossible, to determine whether 
the vehicle involved was making an interstate or intrastate 
trip. This has produced significant variation and potential for 
inaccuracy in the accident rates and Motor Carrier Safety 
Status Measurement System scores calculated for motor carriers, 
and thus in DOT's ability to hold all carriers to the same 
standard.
  In order to simplify and rationalize the analysis of accident 
data and provide a more complete picture of the safety of motor 
carrier operations, subsection (a) would require the Secretary, 
in the course of determining the safety fitness of CMV owners 
and operators, to consider the accident and inspection record 
of such owners and operators both on interstate and intrastate 
trips.
  In addition, owners and operators of CMVs who are determined 
to be unfit and prohibited from operating in interstate 
commerce, also would be prohibited from operating CMVs in 
intrastate commerce until they are able to demonstrate their 
fitness. There is no good reason to allow an unfit interstate 
carrier to narrow its operations to a single State, and thus 
visit its safety deficiencies upon the residents of that State 
alone.
  Finally, the Secretary would be directed to place all 
interstate operations of a motor carrier out of service if a 
State has placed out of service the intrastate operations of a 
carrier that has its principal place of business in that State. 
A Federal safety determination that an interstate motor carrier 
is unfit would thus halt both its interstate and intrastate 
operations, while a State safety determination that an 
intrastate carrier is unfit will halt both its intrastate and 
any interstate operations. An unfit carrier should not be 
allowed to operate anywhere.

Sec. 234. Authority to Stop Commercial Motor Vehicles.
  The section would authorize FMCSA officials to order trucks 
on the road to stop for inspection. Today, State MCSAP 
officers, but not FMCSA officials, have such authority. With 
the opening of the Mexican border, however, Federal inspectors 
will play an expanded role in roadside enforcement. In 
addition, there is no guarantee that State or local police 
officers will always be available at border facilities or at 
other vehicle inspection facilities throughout the nation to 
order trucks to stop for an FMCSA inspection.

Sec. 235. Revocation of Operating Authority
  This section would authorize the Secretary to suspend the 
registration of a motor carrier, a freight forwarder, or a 
broker for failing to comply with safety regulations 
established by the Secretary. In addition, the Secretary would 
be required to revoke the registration of a motor carrier that 
has failed to comply with Federal safety fitness requirements. 
The Secretary also would be required to revoke the registration 
of a motor carrier whose operations are an imminent hazard to 
public health or property. In order to suspend or revoke a 
registration, the Secretary must give prior notice to the 
registrant.

Sec. 236. Pattern of Safety Violations by Motor Carrier Management.
  Some motor carrier managers order, encourage, or tolerate 
widespread regulatory violations and, when caught, declare 
bankruptcy, rename the motor carrier, and reshuffle the 
managers' titles, sell its assets to a pre-existing shell 
corporation owned and managed by the same people, or otherwise 
attempt to evade the payment of civil penalties, obscure the 
identity of the motor carrier and thus its safety record, and 
perpetuate a casual indifference to public safety. Although the 
total number of such managers is small, their actions create a 
risk disproportionate to their numbers.
  The section would address these problems by authorizing the 
Secretary to suspend, amend, or revoke the registration of a 
for-hire motor carrier if any of its officers has engaged in a 
pattern or practice of avoiding compliance, or concealing non-
compliance, with Federal motor carrier safety standards. The 
Secretary also could deny an application to register as a for-
hire motor carrier if any of the proposed officers of the 
carrier has engaged in a pattern of non-compliance. In this 
context, ``officer'' means owner, chief executive officer, 
chief operating officer, chief financial officer, safety 
director, vehicle maintenance supervisor, and driver 
supervisor.
  This provision would not apply to all motor carrier officers 
whose companies are found to be in violation of the Federal 
safety rules. Rather, it is intended to authorize the Secretary 
to force out of the industry those few motor carrier officers 
who have shown unusual and repeated disregard for safety 
compliance. It is expected that the Secretary would use this 
authority only in the most serious cases.

Sec. 237. Motor Carrier Research and Technology Program.
  This section would establish a motor carrier research and 
technology program. The goal is to support -- through 
contracts, cooperative agreements, and grants -- research 
designed to produce innovative advances in motor carrier, 
driver, and passenger safety. Equally critical, however, would 
be the transfer of promising results -- whether technical or 
operational -- to potential users and rapid deployment of the 
fruits of research and development. Improvements in safety 
require more than good will and good intentions. This section 
would invest in the intellectual resources that can find 
solutions to perennial problems and new challenges.
  The Federal share of the cost of activities carried out under 
a cooperative research and development agreement could not 
exceed 50 percent, except that if there is substantial public 
interest or benefit, the Secretary could approve a greater 
Federal share. Research, development, or use of a technology 
under a cooperative research and development agreement, 
including the terms under which the technology may be licensed 
and the resulting royalties may be distributed, would be 
subject to the Stevenson-Wydler Technology Innovation Act of 
1980.

Sec. 238. Review of Commercial Zones Exemption Provisions.
  This section would require the Secretary of Transportation to 
review commercial zone exemptions from DOT and STB regulations 
governing interstate commerce and report to the Senate 
Committee on Commerce, Science, and Transportation and to the 
House of Representatives Committee on Transportation and 
Infrastructure on the findings of the review within 14 months 
of enactment of the bill.

Sec. 239. International Cooperation.
  Section 239 would authorize the Secretary to participate in 
international activities to enhance motor carrier safety. FMCSA 
needs this authority to aid in implementing the North American 
Free Trade Agreement (NAFTA) and to carry on discussions with 
U.S. trading partners concerning a variety of safety issues.

Sec. 240. Performance and Registration Information System Management.
  The Performance and Registration Information System 
Management Program (PRISM) is a voluntary program in which 
States can participate to identify motor carriers and hold them 
responsible for the safety of their operations. The program 
includes two major processes: a commercial vehicle registration 
process, through which States ensure that no vehicle is plated 
without identifying the carrier responsible for the vehicle's 
safety during the registration year, and a motor carrier safety 
improvement process, designed to improve the safety performance 
of motor carriers with demonstrated poor safety performance. As 
of June 2003, 26 States participated in the PRISM program.
  PRISM is an effective enforcement tool that enables the 
States to deny, suspend, or revoke a motor carrier's commercial 
motor vehicle registrations when FMCSA determines that the 
carrier has become unfit to operate CMVs safely. By itself, an 
OOS order from FMCSA sometimes has little effect. However, when 
the State simultaneously confiscates the motor carrier's CMV 
license plates, the carrier's ability to continue operating 
without detection is greatly reduced. Grants to implement PRISM 
are authorized by section 222 of the bill.
  This section would establish in statute certain requirements 
for participation in the program. In order to participate, 
States would have to comply with uniform standards set by the 
Secretary and have the legal authority to impose CMV 
registration sanctions on the basis of a Federal safety fitness 
determination. Another condition for participation in the 
program would be that States cancel the motor vehicle 
registration, and seize the plates, of an employer who 
knowingly allows an employee to operate a CMV in violation of 
an OOS order.

Sec. 241. Commercial Vehicle Information Systems and Networks 
        Deployment.
  This section would provide State grants to complete core 
deployment of the CVISN. The purpose of this program is to 
provide technological advances in commercial vehicle 
operations. ``Core deployment'' means the deployment of systems 
necessary to provide safety information exchange to 
electronically collect and transmit commercial vehicle and 
driver inspection data at a majority of inspection sites; to 
connect to the Safety and Fitness Electronic Records (SAFER) 
system for access to interstate carrier and commercial vehicle 
data, summaries of past safety performance, and commercial 
vehicle credentials information; and to exchange carrier data 
and commercial vehicle safety and credentials information 
within the State and connect to SAFER for access to interstate 
carrier and commercial vehicle data.

Sec. 242. Outreach and Education.
  The section would authorize FMCSA and NHTSA to undertake 
outreach and education initiatives. The ``Share the Road 
Safely'' program would be jointly managed by the agencies and a 
total of $1 million would be authorized for the program for FY 
2004. The bill would prohibit the use of funds authorized for 
the motor carrier safety programs to be used for the ``Safety 
is Good Business'' program.

Sec. 243. Technical Correction.
  This section would make a technical correction to 49 U.S.C. 
31144.

Sec. 244. Operation of Restricted Property-Carrying Units on National 
        Highway System.
  Current Federal law establishes minimum trailer length limits 
on the Interstate System. No State may prohibit trailers of 
less than 48 feet in length when operated in a tractor-
semitrailer combination or trailers of less than 28 feet in 
length when operated in a double trailer combination. This 
section would establish a maximum trailer length limit of 53 
feet on the National Highway System, effective 270 days 
following enactment. (The National Highway System consists of 
approximately 150,000 miles of Federal-aid highways and 
includes the Interstate System.) Existing legal operations of 
trailers that exceed 53 feet in length as of June 1, 2003, 
would be allowed to continue.

Sec. 245. Operation of Longer Combination vehicles on National Highway 
        System.
  States are prohibited from permitting longer combination 
vehicles (LCVs) from operating on interstates and certain other 
highway segments designated by DOT unless such combinations 
were permitted to operate as of June 2, 1991. LCVs include 
``long doubles'' consisting of a truck tractor and two 48-foot 
trailers and ``triples'' consisting of three 28-foot trailers. 
This section would extend the existing freeze on the operation 
of LCVs from the Interstate System to the National Highway 
System, effective 270 days following enactment. Existing legal 
operations of LCVs as of June 1, 2003, on non-interstate 
highways that are part of the National Highway System would be 
allowed to continue.

Sec. 246. Application of Safety Standards to Certain Foreign Motor 
        Carriers.
  Section 246 would require that Mexican and Canadian trucks 
and buses operating in the U.S. be certified as in compliance 
with U.S. safety regulations.

Sec. 247. Background Checks for Mexican And Canadian Drivers Hauling 
        Hazardous Materials.
  Section 247 would require that motor carriers registered in 
Mexico and Canada and transporting hazardous material in the 
U.S. be subject to a background records check similar to that 
which will apply to U.S.-licensed motor carriers.

Sec. 248. Exemption of Drivers of Utility Service Vehicles.
  The section would exempt drivers of utility service vehicles 
from Federal, State and local laws, rules, regulations, or 
standards that limit the hours a CMV driver may remain on duty 
or impose specific rest requirements for drivers.

Sec. 249. Operation of Commercial Motor Vehicles Transporting 
        Agricultural Commodities and Farm Supplies.
  The section would expand the existing exemption from Federal 
hours-of-service regulations for agricultural vehicles to 
include ``any agricultural commodity, food, feed, fiber, or 
livestock, and any product thereof''.

               SUBTITLE B -- UNIFIED CARRIER REGISTRATION

Sec. 261. Short Title.
  The subtitle may be cited as the ``Unified Carrier 
Registration Act of 2003''.

Sec. 262. Relationship to Other Laws.
  The section would clarify that the subtitle is not intended 
to prohibit a State from enacting or enforcing any law or 
regulation with respect to motor carriers that is not otherwise 
prohibited by law.

Sec. 263. Inclusion of Motor Private and Exempt Carriers.
  This section would amend 49 U.S.C. 13905 to define 
``registration'' for purposes of the UCRS and the UCRS Plan and 
Agreement as the filing by a carrier of a MCS Form 150 to 
obtain a DOT identification number. Registration includes those 
carriers who have obtained operating authority from the FMCSA, 
as well as those carriers exempt from the provisions of that 
chapter, such as intermodal carriers, transporters of 
agricultural products, private carriers, freight forwarders, 
brokers, and leasing companies.
  Although not affecting the levels or types of insurance 
required by private or for-hire carriers, the section extends 
the requirement to file evidence of financial responsibility in 
the amounts currently required by 49 U.S.C. 31138 and 31139 to 
all ``registered'' carriers. It does not affect the levels or 
types of insurance required by registered carriers. The section 
also would require the Secretary to prescribe the form of 
evidence that will be required of motor private carriers.

Sec. 264. Unified Carrier Registration System.
  This section would direct the Secretary, in cooperation with 
States and industry representatives, to develop a single, on-
line system, within one year following enactment, containing 
all records of motor carriers registered with DOT, including 
their safety data, DOT identification number, (which will be 
replacing the MC number for all motor carriers), evidence of 
financial responsibility, and the service of process agents. 
Federal and State agencies, carriers, shippers and the public 
would have access to the system. The UCRS would replace the 
SSRS.
  The section also would require the Secretary to adopt 
procedures enabling a carrier to correct any erroneous data 
contained anywhere in the UCRS and sets the parameters for a 
fee system with respect to the filing and retrieval of 
information from the UCRS. The fee for a new registrant would 
be required as nearly as possible to cover the costs of 
processing the registration and conducting the safety audit or 
examination, if required, but could not exceed $300. The fee 
for filing evidence of financial responsibility could not 
exceed $10 per filing.

Sec. 265. Registration of Motor Carriers by States.
  The section would make it an unreasonable burden on 
interstate commerce for any State or political subdivision to 
impose, enact, or enforce any requirement or levy any fee on 
for-hire and private interstate motor carriers for: (1) 
registering the carrier's interstate operations with a State, 
(2) filing evidence of financial responsibility with a State, 
(3) filing the name of the local agent for service of process 
with a State, or (4) renewing intrastate authority, insurance 
filings, or other filing requirements if the carrier is 
registered with FMCSA and in compliance with other applicable 
State laws. Item (4) would not apply to certain carrier 
operations that are specifically exempted from preemption 
provisions, such as purely intrastate bus operations, 
intrastate transportation of household goods, non-consensual 
towing, and the transportation of waste and recycables. The 
section would preserve the exemption for interstate carriers 
from State sales taxes and other fees if a State provides such 
an exemption to intrastate carriers. The section would not 
limit State fuel taxes or vehicle registration fees.
  The section also would establish a 15-member Board of 
Directors comprised of the Secretary of Transportation, 
representatives of participating States, and representatives of 
the trucking industry to govern the new program. The Board 
would be required to develop the rules and regulations that 
will govern UCRS and submit the rules and regulations to the 
Secretary for approval.
  States wishing to participate in UCRS would be required to 
submit a plan to the Secretary, within three years following 
enactment, identifying the State agency that will administer 
UCRS and containing assurances that an amount at least equal to 
the revenue derived from UCRS will be devoted to motor carrier 
safety. States declining to participate would lose the right to 
share in UCRS revenues.
  UCRS fees would be determined by the UCRS Board of Directors 
with the approval of the Secretary and be based on the size of 
a carrier's commercial vehicle fleet. At least four, but no 
more than six, ranges of fleet size could be established by the 
Board for purposes of the fee structure. Brokers, non-vehicle 
operating freight forwarders, and leasing companies would pay 
the fee established for smallest carrier fleet. The level of 
fees could be adjusted if the revenues are deficient or exceed 
those needed to cover the systems cost and the revenues to 
which the States are entitled. Fees would be paid to the 
carrier's base-State, generally the State in which the carrier 
maintains its principal place of business.
  States that currently participate in the SSRS and choose to 
participate in UCRS would be guaranteed the revenues they 
derived from SSRS during the last fiscal year ending prior to 
enactment of this Act. States that did not participate in SSRS 
but opt to join UCRS would be entitled to annual revenues of 
not more than $500,000. The UCRS Board of Directors would 
determine the amount of UCRS revenues to which a State is 
entitled, with the approval of the Secretary.
  Each participating State would be entitled to retain funds 
equivalent to the revenues to which it is entitled. Excess 
funds would be deposited in a designated repository for 
distribution on a pro rata basis to those States which do not 
collect the full amount of the revenues to which they are 
entitled. Remaining funds would be used to offset the cost of 
the operation of UCRS. Any remaining funds after distribution 
to the States and payment of costs would be held in the 
repository and the next year's fees would be reduced 
accordingly.
  The section would allow the Secretary to request the Attorney 
General to bring a civil action to enforce the terms of the 
Plan and Agreement, including injunctive relief. States could 
impose fines and other penalties against any party that does 
not submit the required information or pay the required fees. 
States would be prohibited from requiring a carrier from having 
any indicia or other document as evidence of compliance.
  Finally, the section would allow a State to elect to apply 
the provision of UCRS to carriers that operate solely in 
intrastate commerce.

Sec. 266. Identification of Vehicles.
  Section 266 would prohibit a State or political subdivision 
from requiring a motor carrier, motor private carrier, or 
freight forwarder to display any additional form of 
identification on or in a commercial vehicle. The prohibition 
would not apply to credentials required under the International 
Registration Plan or the International Fuel Tax Agreement, or 
in connection with Federal hazardous materials regulations or 
Federal vehicle inspection standards.

Sec. 267. Use of UCR Agreement Revenues as Matching Funds.
  UCRS revenues may be used to meet a State's match for MCSAP 
funds.

Sec. 268. Clerical Amendments.
  The section would make technical revisions to section 13906 
of Title 49 and the chapter analysis for chapter 139 of Title 
49.

          Title III -- HOUSEHOLD GOODS TRANSPORTATION REFORMS

Sec. 301. Short title; amendment of title 49, United States Code.
  This section establishes that this title may be referred to 
as the ``Household Goods Mover Oversight Enforcement and Reform 
Act of 2003.''

Sec. 302. Findings; sense of Congress.
  The section describes the findings on which the legislative 
changes proposed by the title are based.

Sec. 303. Definitions.
  This section provides that the terms ``carrier'', ``household 
goods'', ``motor carrier'', ``Secretary'', and 
``transportation'' have the meaning specified in section 13102 
of title 49, United States Code.

Sec. 304. Payment of rates.
  Under current law, a carrier must give up possession of the 
property being transported upon receipt of payment (49 U.S.C. 
13707(a)). This section would codify existing regulations that 
require a carrier to give up possession of the household goods 
so long as the shipper pays the mover 100 percent of a binding 
estimate of the charges or 110 percent of a non-binding 
estimate of the charges. Shippers would not be required under 
this provision to pay unforeseen additional charges not 
included in a binding or non-binding estimate (as a condition 
of delivery) that are subsequently requested by the shipper 
and/or necessary to complete the move.
  This section also would provide that a mover may only charge 
a prorated share of charges (based on either a binding or non-
binding estimate) for the partial delivery of a shipment. Under 
current law, movers may require a shipper to pay 100 percent of 
the charges in a binding estimate or 110 percent of the charges 
of a non-binding estimate at the time of delivery even if part 
of the shipment is lost or destroyed.

Sec. 305. Household Goods Carrier Operations.
  This section would require that a mover must provide the 
customer a written estimate of charges and ancillary services. 
At the time the written estimate is provided, the carrier must 
also provide the shipper a copy of DOT's pamphlet ``Ready to 
Move?''. Further, before a contract for service is executed, 
the carrier must provide the shipper a copy of DOT's booklet 
``Your Rights and Responsibilities When You Move''.
  If the written estimate is non-binding and not based on a 
visual inspection, the carrier would be required to provide a 
revised estimate based on a visual inspection prior to the 
execution of a contract for service. Inaccurate estimates based 
on an inventory provided by a prospective customer over the 
telephone or the internet are the source of many complaints and 
disputes. It is hoped that requiring an estimate be based on a 
visual inspection of the goods to be moved prior to the 
execution of a contract will significantly reduce such 
disputes. If the final charges for a shipment exceed 100 
percent of a binding estimate or 110 percent of a non-binding 
estimate, the carrier would be required to provide the customer 
an itemized statement of charges at least 24 hours prior to 
delivery, unless waived by the customer. The carrier would be 
required to disclose to the customer that the carrier is 
required to deliver the shipment if the customer pays the mover 
100 percent of the charges in a binding estimate or 110 percent 
of the charges in a non-binding estimate. Finally, the carrier 
would be required to prepare a written inventory of the goods 
being moved.

Sec. 306. Liability of Carriers Under Receipts and Bills of Lading.
  This section would change the standard liability for loss and 
damage to full value protection, defined as the replacement 
cost in the event of loss or damage up to the pre-declared 
total value of the shipment. Movers would be allowed to offer 
``released rates'' only if the shipper opts out, in writing, of 
full value protection.

Sec.307. Dispute Settlement for Shipments of Household Goods.
  This section would require movers to offer shippers 
arbitration on all matters, including price disputes. The 
current statute is limited to disputes concerning loss and 
damage claims. Experience has shown that disagreements on 
matters other than loss and damage claims, such as delays and 
inconvenience for the customer, are numerous.
  The Secretary would be required to establish a system for 
certifying persons authorized to act as arbitrators. The 
purpose is to ensure that arbitrators are truly independent of 
both parties to a dispute. Today, arbitrators are selected by 
the mover and there is concern that the process may favor the 
mover.
  The section also would allow carriers to be awarded 
attorney's fees in a court proceeding to enforce an arbitration 
decision rendered in favor of the carrier.
  Within 18 months following enactment, the Secretary would be 
required to complete a review of the results and effectiveness 
of arbitration programs and submit a report to the Senate 
Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and 
Infrastructure. In preparing the review, the Secretary would be 
required to provide an opportunity for public comment.

Sec. 308. Enforcement of Regulations Related to Transportation of 
        Household Goods.
  This section would allow a State authority that regulates the 
intrastate movement of household goods to enforce Federal laws 
and regulations with respect to the transportation of household 
goods in interstate commerce. The laws the States would be 
authorized to enforce are chapters 137, 147, and 149; 
subchapter I of chapter 141; section 13907; and section 14124 
of title 49 United States Code. Fines or penalties imposed as a 
result of State enforcement of Federal law would accrue to the 
State.
  A State attorney general would be authorized to bring a civil 
action in Federal court when the attorney general believes the 
interests of the residents of the State are being threatened by 
a carrier or broker. This provision is based on similar 
authority in section 4 of the Telemarketing and Consumer Fraud 
Abuse Prevention Act of 1994. The State would be required to 
give the DOT or the STB written notice when an action is about 
to be filed. DOT or the STB could intervene in the action and 
file petitions for appeal. The venue for a civil action would 
be the judicial district where the carrier or broker operates, 
or where the carrier or broker is authorized to provide 
transportation, or where the defendant is found. States would 
be permitted to prosecute for violations of a State criminal 
statute.

Sec. 309. Working Group for Development of Practices and Procedures to 
        Enhance Federal-State Relations.
  This section would require the Secretary to establish a 
working group of State attorneys general, State regulators of 
household goods carriage, and local law enforcement officials 
to develop practices and procedures to enhance the Federal-
State partnership in enforcement efforts, exchange of 
information, and coordination of enforcement efforts, as well 
as to make recommendations for legislative and regulatory 
changes. The working group would be required to consult with 
household goods movers, consumer groups, and other interested 
parties.

Sec. 310. Consumer Handbook on the Dot Web Site.
  The Secretary would be required to post on DOT's website the 
publication entitled ``Your Rights and Responsibilities When 
You Move''.

Sec. 311. Display of Information on Household Goods Transportation 
        Related Websites.
  Within one year after the date of enactment, the Secretary 
would be required to modify regulations to require household 
goods carriers and brokers to maintain a website that displays 
their DOT-assigned number and the DOT publication entitled 
``Your Rights and Responsibilities When You Move''. Brokers 
also would have to provide a list of all household goods 
carriers used by the broker and a statement that the broker is 
not a motor carrier.

Sec. 312. Consumer Complaints.
  This section would require the Secretary to establish a 
publicly accessible database of complaints related to motor 
carrier transportation of household goods. Complaints would 
have to be forwarded to the carrier involved, and the carrier 
would be afforded an opportunity to challenge the information 
in the database. Household goods carriers would be required to 
submit an annual report detailing the number of shipments 
carried, the number and category of complaints made by 
shippers, the number of shipments that resulted in a claim for 
loss or damage in excess of $500, and the number of claims 
settled, declined, and pending during the period.

Sec. 313. Review of Liability of Carriers.
  Within one year after the date of enactment, the STB would be 
required to complete a review of the Federal regulations 
regarding the level of liability protection provided by 
carriers to determine if current regulations provide adequate 
protection; whether shippers benefit from purchasing 
supplemental insurance coverage; and whether shippers are 
sometimes left unprotected. The STB also would be required to 
make recommendations as to whether the current limitations on 
liability, known as the ``Carmack Amendment'', should be 
modified or repealed with respect to household goods movers.

Sec. 314. Civil Penalties Relating to Household Goods Brokers.
  This section would make a broker liable for a civil penalty 
of at least $10,000 if found to have made a cost estimate for a 
carrier to transport household goods without first entering 
into an agreement with the carrier to provide the service. Any 
person found to have provided transportation of household goods 
or broker services without being registered to provide these 
services would be liable for a civil penalty of at least 
$25,000.

Sec. 315. Civil and Criminal Penalty for Failing to Give up Possession 
        of Household Goods.
  The section would define the term ``failed to give up 
possession of household goods'' as willfully refusing to 
relinquish possession of a shipment of household goods for 
which the shipper has tendered payment described in 49 U.S.C. 
13707. A carrier violating this provision would be subject to a 
civil penalty of at least $10,000, with every day the shipment 
is held hostage constituting a separate violation, as well as a 
six-month suspension of the carrier's DOT registration. A 
carrier convicted of holding household goods hostage by 
falsifying documents or demanding payment for charges not 
performed would be subject to a fine under Title 18 or 
imprisonment of up to two years, or both.

Sec. 316. Progress Report.
  Not later than one year after the date of enactment, the 
Secretary would be required to report to Congress on the 
progress made in implementing the provisions of this title.

   TITLE IV -- HAZARDOUS MATERIALS TRANSPORTATION SAFETY AND SECURITY

Sec. 401. Short title.
  This section contains the short title and table of contents.

Sec. 402. Amendment of Title 49, United States Code.
  Unless otherwise stated, amendments made by this title are to 
title 49, United States Code.

   SUBTITLE A -- GENERAL AUTHORITIES ON TRANSPORTATION OF HAZARDOUS 
                               MATERIALS

Sec. 421. Purpose.
  This section would update and clarify the purpose of chapter 
51 of title 49, United States Code.

Sec. 422. Definitions.
  This section would modify definitions as indicated below.
  The definition of ``commerce'' would be amended to provide 
jurisdiction over hazardous materials activities being 
conducted on a U.S.-registered aircraft anywhere in the world. 
The purpose of this proposed provision is to clarify that DOT 
has the authority, under Federal hazardous materials 
transportation law (49 U.S.C. 5101-5127), to regulate hazardous 
materials transportation conducted on all U.S.-registered 
aircraft.
  The definitions of ``hazmat employee'' and ``hazmat 
employer'' would be amended to clarify the applicability of the 
training requirements in section 5107.
  The definition of ``motor carrier'' would be amended by 
clarifying that it includes a freight forwarder, as defined in 
49 U.S.C. 13102, only if the freight forwarder is performing a 
function related to highway transportation.
  Finally, the definition of ``person'' would be amended so 
that the requirements of chapter 51 apply to additional 
activities of government agencies and Indian tribes.

Sec. 423. General regulatory authority.
  This section would amend subsection 5103(a) to update the 
terminology used to describe materials the Secretary is 
required, under that subsection, to designate as hazardous.
  This section would amend subsection 5103(b)(1)(A) to add that 
persons who prepare or accept hazardous materials for 
transportation in commerce, persons who are responsible for the 
safety of transporting hazardous materials in commerce, persons 
who certify compliance with any requirement issued under 
chapter 51, and persons who misrepresent whether they are 
engaged in a function listed under 5103(b)(1)(A), are subject 
to Federal hazardous materials regulations.

Sec. 424. Limitation on issuance of hazmat licenses.
  This section would require the Secretary of HHS to recommend 
to the Secretary of Transportation any chemical or biological 
material or agent to be regulated as a hazardous material in 
transportation.

Sec. 425. Representation and tampering.
  This section would make minor editorial changes to section 
5104 for purposes of clarity.

Sec. 426. Transporting certain highly radioactive material.
  This section would amend section 5105 by deleting subsections 
(d) and (e). Subsection (d) requires the Secretary to conduct a 
study to decide which factors, if any, shippers and carriers 
should consider when selecting routes and modes that would 
enhance overall public safety related to the transportation of 
high-level radioactive waste and spent nuclear fuel. Subsection 
(d) would be deleted because the study was completed and 
submitted to Congress.
  Subsection (e) states that the Secretary shall require, by 
regulation, that before each use of a motor vehicle to 
transport a highway-route-controlled quantity of radioactive 
material in commerce, the vehicle must be inspected and 
certified as complying with chapter 51 and applicable U.S. 
motor carrier safety laws and regulations. DOT already oversees 
the inspection of trucks transporting highway-route-controlled 
quantity (HRCQ) shipments of radioactive materials at their 
points of origin, so this provision is unnecessary.

Sec. 427. Hazmat employee training requirements and grants.
   This section would allow training grants for the ``Train the 
Trainer'' program to also be made to instructors to train 
hazmat employees, to the extent determined appropriate by the 
Secretary.

Sec. 428. Registration.
  This section would make several changes to the registration 
provisions in section 5108.
  The Secretary would be allowed to require a registration 
statement from persons who design and inspect a packaging or 
packaging component that is represented as qualified for use in 
transporting hazardous materials in commerce. This proposed 
change is consistent with the proposed changes to section 
5103(b)(1) regarding persons subject to the hazardous materials 
regulations.
  To reduce registrants' reporting requirements, registrants 
would no longer have to identify each registration-requiring 
activity that it conducts in each State. Rather, the registrant 
would only have to list each State in which it transports or 
causes to be transported a hazardous material in a quantity and 
manner requiring registration.
  Section 5108(g)(1) would be amended by replacing ``may'' with 
``shall'' in order to establish explicitly that the Secretary 
must impose a registration fee sufficient to cover 
administrative processing costs. Indian tribes and States would 
be excepted from the requirements to register and pay 
registration fees.
  This section also would reduce the maximum fee that would be 
assessed under section 5108(g)(2)(A) from $5,000 to $2,000. The 
Secretary would be directed to reinstate the fees that were 
suspended due to regulatory action.

Sec. 429. Shipping papers and disclosure.
  This section would require that each person who prepares a 
shipping paper must make the disclosures that the Secretary 
prescribes by regulation. Subsection 5110(b) would be deleted 
as unnecessary because the informational elements set forth in 
that subsection are already required by the Secretary under the 
hazardous material regulations.
  This section would require that shippers and carriers retain 
shipping papers for three years after the shipping paper is 
provided to the carrier. Currently, shippers and carriers are 
required to retain shipping papers for one year after the 
hazardous material is no longer in transportation. Because many 
shippers do not know whether or when the transportation ends, 
they do not know how long they are required to retain the 
shipping paper. In addition, the one-year retention period is 
inadequate for law enforcement purposes.

Sec. 430. Rail tank cars.
  This section would repeal section 5111, which permits a rail 
car built before January 1, 1971, to be used for hazardous 
materials transportation only if the air brake equipment 
support attachments of the car comply with the standard for 
attachments contained in 49 CFR 179.100-16 and 179.200-19.

Sec. 431. Highway routing of hazardous material.
  This section is amended by striking ``of Transportation'' 
after Secretary.

Sec. 432. Unsatisfactory safety ratings.
  This section would provide that an unfit owner or operator 
transporting hazardous material in commerce more than 45 days 
after being found unfit is subject to the civil penalties in 
section 5123 and the criminal penalties in section 5124.

Sec. 433. Air transportation of ionizing radiation material.
  This section is amended by striking ``of Transportation'' 
after Secretary.

Sec. 434. Training curriculum for the public sector.
  Several technical amendments would be made to reflect that 
the public-sector training curriculum has already been 
developed and to focus the statutory provisions on maintaining, 
not developing, the curriculum.
  The training curriculum would be required to include 
appropriate emergency response training and planning programs 
for public-sector employees developed with Federal financial 
assistance, not just those under other Federal grant programs

Sec. 435. Planning and training grants, and emergency preparedness 
        fund.
  This section would eliminate the current requirement that the 
State share of planning and training grants must be above and 
beyond ``maintenance of effort'' funds. In subsection (g), the 
phrase ``government grant programs'' would be broadened to 
``Federal financial assistance programs'' in order to provide 
for more complete coordination of funding sources.
  This section also would amend section 5116 to provide a name 
for the account established under subsection 5116(i), calling 
it the ``Emergency Preparedness Fund.'' Amounts collected by 
the Secretary under subsection 5108(g)(2)(C) would be deposited 
into the Emergency Preparedness Fund and could be used for 
emergency planning and training grants, under subsection 
5116(a) and (b), monitoring and technical assistance under 
subsection 5116(f), and administrative costs of carrying out 
sections 5116, 5108(g)(2), and section 5115. It also would 
clarify that these amounts may be used to publish and 
distribute the Emergency Response Guidebook. Information on the 
allocation and uses of the grants would be made available to 
the public on an annual basis.

Sec. 436. Special permits and exclusions.
  This section would clarify that the Secretary may issue a 
special permit to any person who performs a function identified 
under section 5103(b)(1).
  In addition, this section would change the maximum initial 
effective period of a special permit to two years, and provide 
renewal of special permits for four-year successive periods. 
This change would eliminate a great deal of unnecessary 
industry application time and government processing time 
involved in the present two-year renewal process.
  This section also would repeal a requirement that the 
Secretary maintain 30 hazardous materials safety inspectors 
more than the number of inspectors authorized at the end of 
fiscal year 1990. The RSPA maintains inspectors in excess of 
this requirement and, pursuant to recommendations resulting 
from a department-wide DOT review of the hazmat program, is 
requesting more flexibility about how inspectors should be 
utilized.

Sec. 437. Uniform forms and procedures.
  This section would reflect the fact that the working group 
established to formulate uniform registration and permitting 
forms and procedures has completed its task and submitted a 
report to Congress. The section would now authorize the 
Secretary to prescribe regulations to establish uniform forms 
and regulations for States to: (1) register and issue permits 
for the transportation of hazmat by motor vehicle; and (2) 
permit the transportation of hazmat in a State. Also, States 
would be authorized to participate in the uniform forms and 
procedures program recommended by the Alliance for Uniform 
Hazmat Transportation Procedures.

Sec. 438. International uniformity of standards and requirements.
  This section is amended by striking ``of Transportation'' 
after Secretary.

Sec. 439. Hazardous materials transportation safety and security.
  This section would improve safety by clarifying and enhancing 
the inspection and enforcement authority of DOT officials and 
inspection personnel. First, section 5121(a) would be amended 
to expressly state that the Secretary's enforcement authority 
includes the authority to conduct tests.
  This section also would clarify that persons subject to 
chapter 51 must make property, as well as records, reports, and 
information available to the Secretary for inspection upon the 
Secretary's request. The Secretary currently has the authority 
in 5121(a) to require the production of records and property.
  This section would provide for enhanced authority for DOT 
officials to discover hidden shipments of hazardous materials. 
Section 5121(c) is amended to clarify and enhance the 
inspection and enforcement authority of DOT officials and 
inspection personnel, thereby enabling them to more effectively 
identify hazardous materials shipments and to determine whether 
those shipments are made in accordance with the Hazardous 
Materials Regulations.
  However, the Secretary would be required to develop 
procedures for the safe resumption of transportation of a 
package or transport unit when an inspection or investigation 
does not result in the discovery of an imminent hazard. This 
improved inspection authority comports with Fourth Amendment 
principles on permissible searches by the Government.
  In addition, this section would authorize the Secretary to 
issue an emergency order when it is determined, by inspection, 
investigation, testing, or research, that a violation of 
hazardous material transportation laws, or an unsafe condition 
or practice, is causing an imminent hazard. In those 
situations, the Secretary would be authorized to issue or 
impose emergency restrictions, prohibitions, recalls, or out-
of-service orders, without notice or the opportunity for a 
hearing, but only to the extent necessary to abate the imminent 
hazard.
  The Secretary would be required to issue regulations 
implementing the new provisions governing package inspection 
and emergency orders.
  A new subsection (g) would authorize the Secretary to enter 
into grants, cooperative agreements, and other transactions to 
address security risk assessment and emergency preparedness. 
The objectives would include research, development, 
demonstration, risk assessment, emergency response planning, 
program support, and training activities.
  This section also would require the Secretary, through the 
Bureau of Transportation Statistics, to submit a report at 
least every three years on the transportation of hazardous 
materials during the preceding three years, including a summary 
of hazmat shipments, deliveries, and movements during the 
period. In addition, the section would require a report every 
two years with, among other items, an analysis of hazmat 
accidents and incidents over the preceding two years, a list 
and summary of special permits, regulations and orders, and an 
evaluation of the effectiveness of enforcement activities 
relating to the transportation of hazmat during the period.
  A new subsection 5121(i) is added to allow the Secretary to 
determine whether release of certain sensitive information 
contained in government records would be contrary to national 
security. Although the Freedom of Information Act (FOIA) 
provides for the protection from release of certain sensitive 
information, it does not necessarily protect all information 
that could be used by terrorists to plan for or to carry out 
terrorist acts relating to the transportation of hazardous 
materials.

Sec. 440. Enforcement.
  This section would clarify the types of judicial relief, 
including civil penalties, that may be granted in an action 
brought by the Attorney General.

Sec. 441. Civil penalties.
  This section would amend the civil penalty provisions in 
sections 5123 to cover violations of special permits or 
approvals issued by DOT to ensure that appropriate enforcement 
action can be taken against persons violating those special 
authorities. The maximum civil penalty would increase from 
$27,500 to $100,000 for each violation. A violator would be 
liable for interest that accrues on a civil penalty. In a civil 
action to collect a civil penalty, the validity, amount, and 
appropriateness of the civil penalty would not be subject to 
review.

Sec. 442. Criminal penalties.
  Criminal penalties would be increased for a person who 
knowingly violates 49 U.S.C. 5104(b) or willfully violates 
chapter 51 or a regulation issued under that chapter, and 
thereby causes a release of hazardous material. Section 5104(b) 
concerns tampering with a package, vehicle, vessel, aircraft, 
or rail freight car used to transport hazardous materials. The 
penalty would be a fine under title 18, not more than 20 years 
imprisonment, or both. The section also would provide that a 
separate violation occurs for each day a violation continues.

Sec. 443. Preemption.
  This section would include a new subsection outlining the 
purposes of the Secretary's current preemption authority and 
would clarify that a person may apply to the Secretary for a 
decision as to whether a fee imposed by a State, political 
subdivision of a State, or an Indian tribe is preempted. 
Further, this section would delete the requirement that the 
Secretary publish the reason for a delay in issuing a 
preemption determination in the Federal Register.
  This section would add a new subsection (g) to authorize the 
Secretary to immediately waive Federal preemption to allow 
State, local, and tribal governments to regulate hazardous 
material transportation to ensure public safety in the event of 
a terrorist threat. A waiver of preemption could remain in 
effect for a period of not more than six months, although a 
waiver could be extended if the Secretary determines that the 
threat continues to exist.
  Subsection 5125(h) would strike existing provisions regarding 
judicial review since judicial review is addressed by the 
revisions to section 5127.
  A new subsection 5125(i) would be added to indicate that the 
preemption standard is to be applied independently to each non-
Federal requirement in order to determine whether it is 
preempted.
  Finally, new subsection 5125(j) would clarify that the 
Secretary's preemption authority does not apply to a procedure, 
penalty, required mental state, or other standard used by a 
State, political subdivision of a State, or Indian tribe to 
enforce hazardous material transportation requirements.

Sec. 444. Relationship to other laws.
  This section would require that a person under contract to 
the United States government to design or inspect a packaging 
or packaging component used for transporting hazardous 
materials must comply with chapter 51 and the hazardous 
materials regulations.
  Further, this section enables hazardous materials law to 
supercede postal laws and regulations under titles 18 or 39 
only ``in case of an imminent hazard.''

Sec. 445. Judicial review.
  This section would add a new section 5127 providing for 
judicial review of final actions taken by the Secretary under 
chapter 51. This provision establishes the appropriate judicial 
forum for review of final agency actions in the areas of 
compliance, enforcement, civil penalties, rulemaking, and 
preemption.
  Under the proposal, the United States Court of Appeals for 
the District of Columbia or for the circuit in which a person 
seeking review resides or has his or her principal place of 
business would review the final action. The petition for review 
must be filed within 60 days after issuance of the order. The 
section describes judicial procedures, the authority of the 
court, and a requirement for prior objection -- all provisions 
modeled on the statute providing for judicial review of DOT and 
Federal Aviation Administration aviation orders (49 U.S.C. 
46110).

Sec. 446. Authorization of appropriations.
  This section would authorize appropriations of $24,981,000 
for FY 2004, $27,000,000 for FY 2005, $29,000,000 for FY 2006, 
and $30,000,000 for each of FYs 2007 through 2009.
  A new subsection (b) would authorize appropriations from the 
Emergency Preparedness Fund account to carry out certain 
activities:
          $4,000,000 for each of fiscal years 2004 
        through 2009 to carry out section 5107(e) (training 
        grants);
          $200,000 for each of fiscal years 2004 
        through 2009 to carry out section 5115 (training 
        curriculum for the public sector);
          $8,000,000 for each of fiscal years 2004 
        through 2009 to carry out section 5116(a) (public 
        sector planning grants);
          $13,600,000 for each of fiscal years 2004 
        through 2009 to carry out section 5116(b) (public 
        sector training grants);
          $150,000 for each of fiscal years 2004 
        through 2009 to carry out section 5116(f) (monitoring 
        and technical assistance to the public sector);
          $150,000 for each of fiscal years 2004 
        through 2009 to carry out section 5116(i)(4) 
        (administrative costs);
          $1,000,000 for each of fiscal years 2004 
        through 2009 to carry out section 5116(j) (supplemental 
        training grants);
          $500,000 for each of fiscal years 2004 
        through 2009 to carry out section 5116(i)(3) (for 
        publication and distribution of the Emergency Response 
        Guidebook).

Sec. 447. Additional civil and criminal penalties.
  This section would amend criminal penalties for violations in 
transporting hazardous materials by air (49 U.S.C. 46312) to 
clarify that the regulations referred to in that section 
include the Hazardous Materials Regulations issued by the 
Secretary under chapter 51. Consequently, violations in 
transporting hazardous materials by air would clearly 
constitute violations of both Federal hazardous material 
transportation laws and the Federal Aviation Act.
  This section also would allow the Department of Justice to 
seek restitution against persons convicted of a criminal 
offense under 49 U.S.C. 5124.

                       SUBTITLE B--OTHER MATTERS

Sec. 461. Administrative authority for Research and Special Programs 
        Administration.
  This section would provide RSPA necessary administrative 
authority to conduct effective research on transportation 
service and infrastructure assurance and to prevent security-
sensitive information developed in the course of that research 
from aiding persons who might want to disrupt the 
transportation system.
  The purpose of this proposed provision is to provide RSPA 
with the authority to enter into ``other transactions'' 
agreements to conduct research into transportation service and 
infrastructure assurance and to carry out RSPA's research 
activities. ``Other transactions'' agreements are contractual 
arrangements that allow the maximum participation in research 
and development programs. While ``other transactions'' 
authority is not subject to the statutes and regulations 
specifically applicable to Federal contracts or grants 
programs, their use does not eliminate the applicability of all 
laws and regulations or other guidance provided within DOT. 
This authority generally encourages greater use of commercial-
like practices, standards, and procedures; makes the 
acquisition process work better, faster, and less expensively; 
and provides greater flexibility and shared Government-industry 
responsibility for achieving desired milestones.

Sec. 462. Mailability of hazardous materials.
  This section would amend chapter 30 of title 39, U.S.C., to 
prohibit hazardous materials in the mail unless specifically 
authorized by law or Postal Service regulation. It also would 
allow the United States Postal Service to collect civil 
penalties, and to recover clean-up costs and damages, for 
violations of this statutory provision and regulations issued 
under it. This language would provide the Postal Service with 
civil penalty authority analogous to DOT's civil penalty 
authority under chapter 51. It would enhance the Postal 
Service's authority to regulate hazardous materials in the mail 
and would institute a civil penalty process that would serve as 
a deterrent to those who unlawfully place hazardous material in 
the mail.
  This section would require the Postal Service to demonstrate 
that a ``knowing'' violation has occurred, to give written 
notice of the amount of the penalty, cost or damages assessed, 
and to provide an opportunity for a hearing before making a 
finding of violation. The Postal Service would have to take 
into account certain penalty assessment criteria -- such as 
prior violation history, gravity of the violation, and ability 
to remain in business -- in determining the amount of a civil 
penalty. A person accused of a violation would have the right 
to file an administrative appeal with the Postal Service, and 
the Attorney General would be able to bring a civil action to 
collect penalties, damages, and costs. Costs, damages, and 
penalties under this section would be paid into the Postal 
Service Fund under 39 U.S.C. 2003.

Sec. 463. Criminal matters.
  This section provides for a correction to title 18 of the 
United States Code for the transportation of explosives. It 
makes subject to authority explosives that are regulated by the 
DOT and the Department of Homeland Security (DHS).

Sec. 464. Cargo inspection program.
  This section would authorize the Secretary to initiate a 
program to randomly inspect cargo shipments at U.S. Customs 
ports of entry to determine the extent to which undeclared 
hazardous material is being offered for transportation in 
commerce. DOT inspection personnel, in coordination with DHS 
officials, would be authorized to open and inspect containers 
at any U.S. Customs port of entry. The inspections would be 
carried out by DOT inspection personnel at U.S. Customs ports 
of entry where they would be similar to border inspections, and 
they would be based upon random selections made by supervisory 
personnel not present at the site of the inspections. 
Therefore, the proposed program represents a careful balancing 
of parties' privacy interests and the need to protect emergency 
responders, transportation workers, and the general public from 
the dangers inherent in the transportation of undeclared 
hazardous material.

Sec. 465. Information on hazmat registrations.
  This section would require RSPA to transmit current hazmat 
registration information on motor carriers to the FMCSA so that 
FMCSA can cross-reference the registrant's Federal motor 
carrier registration number. In the future, RSPA also would be 
required to notify FMCSA whenever a motor carrier initially 
registers to handle hazmat.

Sec. 466. Report on applying hazardous materials regulations to persons 
        who reject hazardous materials.
  This section would require the Secretary to complete an 
assessment of the costs and benefits of subjecting to hazmat 
laws and regulations persons who reject hazmats for 
transportation in commerce. In completing the assessment, the 
Secretary would be required to consider the number of affected 
employers and employees; what actions would be required to 
comply with such requirements; and whether and to what extent 
application of Federal hazmat laws and regulations should be 
limited to particular modes of transportation, certain 
categories of employees, or certain classes or categories of 
hazmat.

               SUBTITLE C -- SANITARY FOOD TRANSPORTATION

Sec. 481. Short title.
  This section sets forth the short title for the Sanitary Food 
Transportation Act of 2003. This title would reallocate 
responsibilities for food transportation safety among HHS, DOT, 
and the Department of Agriculture.

Sec. 482 . Responsibilities of the Secretary of Health And Human 
        Services.
  This section would amend section 402 of the Federal Food, 
Drug, and Cosmetic Act (the Act; 21 U.S.C. 391) to provide that 
food is adulterated if transported in violation of safe 
transportation practices prescribed in the new section 416 of 
the Act.
  Subsection (b) would add to the Act a new section 416 
requiring the Secretary of HHS to establish by regulation 
sanitary transportation practices to be followed by shippers, 
carriers, and others engaged in food transport. The Secretary 
of HHS could prescribe practices relating to matters such as 
sanitation, packaging and protective measures; limitations on 
the use of vehicles; information sharing between shippers and 
carriers; and record keeping, reporting, and compliance with 
inspections.
  It also would authorize the Secretary of HHS to publish in 
the Federal Register (and amend as needed) lists of nonfood 
products that could render adulterated food products shipped 
simultaneously or subsequently in the same vehicle.
  The section would authorize the Secretary of HHS to waive all 
or part of the requirements of section 416, in appropriate 
circumstances, with respect to particular classes of persons, 
vehicles, food, or nonfood products.
  It would preempt State or local laws concerning 
transportation of food. Finally, it would require the heads of 
other Federal agencies, including the Secretaries of 
Transportation and the Department of Agriculture, and the 
Administrator of the Environmental Protection Agency, to assist 
the Secretary of HHS, upon request, in carrying out this 
section.
  Paragraph (c) of this section would add to the Act a new 
section requiring persons subject to these provisions to 
cooperate with HHS inspections of records.
  Subsection (d) would amend section 301 of the Act to make 
violations of requirements added by this section prohibited 
acts subject to the sanctions provided in chapter III of the 
Act.

Sec. 483. Department Of Transportation Requirements.
  This section would require the Secretary, in consultation 
with the Secretaries of HHS and the Department of Agriculture, 
to establish inspection procedures for identifying suspected 
incidents of contamination or adulteration of food that might 
violate regulations issued under section 416 of the Federal 
Food, Drug, and Cosmetic Act, and of meat and poultry products 
subject to detention under section 402 of the Federal Meat 
Inspection Act (21 U.S.C. 672) and section 19 of the Poultry 
Products Inspection Act (21 U.S.C. 467a). In addition, it would 
require the Secretary to train DOT personnel who perform motor 
vehicle and railroad related safety inspections to identify 
practices and conditions that could pose a threat to food 
safety and to notify the secretaries of HHS and the Department 
of Agriculture of any instances of potential food contamination 
identified during those inspections.

Sec. 484. Effective Date.
  This section would make the changes in law under the subtitle 
align with the Federal fiscal year, which is particularly 
important for the transfer of duties among different agencies.

             TITLE V - RECREATIONAL BOATING SAFETY PROGRAMS

Sec. 501. Short Title.
  The section would state the title would be entitled the 
``Sport Fishing and Recreational Boating Safety Act''.

   SUBTITLE A -- FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS

Sec. 521. Amendment of Federal Aid in Fish Restoration Act.
  The section would state that amendments under this subsection 
refer to amendments to ``An Act to provide that the United 
States shall aid the States in fish restoration and management 
projects, and for other purposes,'' enacted August 9, 1950 (64 
State. 430; 16 U.S.C 777 et seq.).

Sec. 522. Authorization of appropriations.
  Section 522 would continue the appropriation of funds for the 
accounts provided under that Act. It also would provide that 
unexpended State funds from the Sport Fish Restoration program 
would not be returned to the U.S. Fish and Wildlife Service's 
research program, but instead would be reapportioned to the 
States for fishery management and boating access.

Sec. 523. Division of annual appropriations.
  Section 523 would amend that Act to authorize annual 
appropriations for FYs 2004-2009 for the various Wallop-Breaux 
programs from the Sport Fish Restoration Account into 
percentages, which would allow each program area to share in 
the benefits of revenue increases. The percentage allocations 
made under this section would be: (1) 53.3 percent to the 
Secretary of Interior for Sport Fish Restoration, to include a 
minimum of 15 percent of that amount for boating access; (2) 18 
percent to the Secretary of Interior for Coastal Wetlands; (3) 
18 percent to the Secretary of Homeland Security for State 
recreational boating safety programs; (4) 1.9 percent for 
marine sanitation devices as provided under the Clean Vessel 
Act; (5) 1.9 percent to the Secretary of Interior for the 
national outreach effort and communications program; and (6) 
2.1 percent to the Secretary of Interior for program 
administration minus established amounts for the Sport Fish 
Boating Partnership Council and the four marine fisheries 
commissions. This section also would provide that any 
unexpended balances be apportioned among the States in the same 
proportion and manner. Finally, this section would provide that 
any amounts unobligated by the Secretary after three years 
shall be transferred to the Secretary of Homeland Security for 
State recreational boating safety programs.

Sec. 524. Maintenance of projects.
  The section 524 would make conforming changes to that Act 
relating to changes made in section 522 concerning the 
maintenance of Fish and Wildlife Service's projects.

Sec. 525. Boating infrastructure.
  Section 525 would make conforming changes to that Act for the 
distribution of Boating Infrastructure funds made in section 
523.

Sec. 526. Requirements and restrictions concerning use of amounts for 
        expenses for administration.
  Section 526 would make conforming changes to that Act 
regarding the distribution of revenues for administrative 
purposes under section 523.

Sec. 527. Payments of funds to and cooperation with Puerto Rico, the 
        District of Columbia, Guam, American Samoa, the Commonwealth of 
        the Northern Mariana Islands, and the Virgin Islands.
  The section would make conforming changes regarding changes 
to distribution of the funds to the Sport Fish Restoration 
account under section 523 for the payments of funds to and 
cooperation with Puerto Rico, the District of Columbia, Guam, 
American Samoa, the Commonwealth of the Northern Mariana 
Islands, and the U.S. Virgin Islands.

Sec. 528. Multistate conservation grant program.
  Section 528 would make conforming changes relating to 
distribution of funds for the multistate grant program under 
section 523.

               SUBTITLE B -- CLEAN VESSEL ACT AMENDMENTS

Sec. 541. Grant program.
  Section 541 would remove the requirement that coastal States 
receive priority consideration for grant applications.

      SUBTITLE C -- RECREATIONAL BOATING SAFETY PROGRAM AMENDMENTS

Sec. 561. State matching funds requirement.
  Section 561 would reduce the percentage of State matching 
funds required for the recreational boating safety program from 
one-half to one-quarter. Most States provide significantly more 
funds than are required; however, some States with limited 
matching funds are unable to use all of the Federal funds 
allocated to them each year. This section would permit States 
with limited matching funds to increase their level of services 
to the boating public by fully utilizing their allocated 
Federal funds.

Sec. 562. Availability of allocations.
  The section would increase the length of time that States 
have to obligate Federal funds from two years to three years. 
This section would provide greater flexibility in the amount of 
time States will have to obtain matching funds. Due to lead-
times needed to obtain appropriations through the State budget 
process, some States may not be able to obtain sufficient 
matching funds within the two-year period currently authorized.

Sec. 563. Authorization of appropriations for State recreational 
        boating safety programs.
  Section 563 would amend section 13106 of title 46, United 
States Code, to reflect the proposed mandatory appropriation of 
the Boat Safety Account by removing reference to the transfer 
of funds from the Sport Fish Restoration Account. In addition, 
it would remove the limitation on the portion of the $5 million 
provided to the Coast Guard that is used to ensure manufacturer 
compliance with safety standards for recreational vessels and 
associated equipment. Current law prohibits the Coast Guard 
from using more than $2 million for manufacturer compliance. By 
adding the words ``a minimum of'', this section would provide 
the Coast Guard with the flexibility to use additional funds 
for manufacturer compliance if necessary.

Sec. 564. Maintenance of effort for State recreational boating safety 
        programs.
  Section 564 would add a ``maintenance of effort'' provision 
to ensure that the increased Federal funding will result in 
increased State recreational boating safety program activities. 
This section would provide that in order to receive the full 
benefit of the increased Federal recreational boating safety 
grant funds, a State must maintain a level of State expenditure 
equal to the average of that State's recreational boating 
safety program expenditures for the three preceding fiscal 
years. If a State were to reduce its recreational boating 
safety program expenditures below the average of the three 
preceding fiscal years, the amount of the Federal share of 
expenditures reimbursed for the next fiscal year would be 
reduced proportionately to the amount of the State's reduction.
  Subsections (b) and (c) of the amendment would include 
provisions to allow adjustments if the total amount of Federal 
funds available for distribution to all States is less than the 
amount for the preceding year, and to permit the Secretary to 
waive the requirement if deemed appropriate due to factors 
beyond a State's control.

                      SUBTITLE D -- MISCELLANEOUS

Sec. 581. Technical correction to Homeland Security Act.
  Section 581 would make a technical correction to Section 
1511(e)(2) of the Homeland Security Act of 2002 (PL 107-296) by 
striking ``and to any funds provided to the Coast Guard from 
the Aquatic Resources Trust Fund of the Highway Trust Fund for 
boating safety programs'' and inserting ``and any funds 
provided to the Coast Guard from the Highway Trust Fund and 
transferred into the Sport Fish Restoration Account of the 
Aquatic Resources Trust Fund for boating safety programs.''

                    TITLE VI -- RAIL TRANSPORTATION

                          SUBTITLE A -- AMTRAK

Sec. 601. Authorization of Appropriations.
  The section would authorize $2 billion for Amtrak for each of 
fiscal years 2004 through 2009 for operating expenses.

Sec. 602. Establishment of Corporation
  The section would establish a nonprofit Rail Infrastructure 
Finance Corporation, whose purpose would be to support rail 
transportation capital projects through the issuance of bonds.

               SUBTITLE B -- RAILROAD TRACK MODERNIZATION

Sec. 631. Short Title.
  The subtitle may be cited as the ``Railroad Track 
Modernization Act of 2003''.

Sec. 632. Capital Grants for Railroad Track.
  This section would establish a program of capital grants for 
railroad track infrastructure.
  Subsection (a)(1) would direct the Secretary to establish the 
grant program, and specifies that the grants may be used for 
rehabilitation, preservation, or improvement of railroad track 
(including roadbed, bridges, and related track structures) of 
short lines and regional railroads. Grants may specifically be 
used to rehabilitate, preserve, or improve track to handle 
286,000-pound rail cars. Grants may be awarded directly to a 
short line railroad, or, with the concurrence of the short line 
railroad, to a State or local government.
  Subsection (a)(2) would encourage short line railroads to 
utilize the expertise of State transportation officials in 
applying for and administering grants.
  Subsections (a)(3) would direct the Secretary, in developing 
regulations, to condition the award of a grant on reasonable 
assurances that the facilities to be rehabilitated and improved 
will be economically utilized; that the grant is justified by 
demand for rail services by the railroad; and that 
consideration is given to projects that are part of a State-
sponsored rail plan, and that all grants are awarded on a 
competitive basis. Subsection (b) would specify the maximum 
Federal share of any project receiving funds under this section 
to be 80 percent of the total project cost. The non-Federal 
share may be provided by any non-Federal source, including 
cash, equipment, supplies, or any other in-kind contribution 
approved by the Secretary.
  Subsection (c) would specify that for a project to be 
eligible to receive a grant award, it must be owned or operated 
by a Class II or Class III railroad as of the date of enactment 
of this Act.
  Subsection (d) would provide that grant funds must be 
contractually obligated within three years after the grant is 
awarded.
  Subsection (e) would allow grant funds to be used to 
supplement the existing Federal direct loan or loan guarantee 
program made under the Railroad Rehabilitation and 
Infrastructure Funding (RRIF) program under section 502(d) of 
the Railroad Revitalization and Regulatory Reform Act of 1976. 
This subsection also specifies that grants may be used for 
paying credit risk premiums, lowering rates of interest, or 
providing for a holiday on principal payments associated with a 
section 502(d) loan.
  Subsection (f) would require that grant recipients provide 
for fair labor arrangements, at least as protective as the 
terms imposed under 49 U.S.C. 11326(a).
  Subsection (g) would specify that Davis-Bacon Act 
requirements apply to projects using funds awarded by a grant 
under this section, and that wage rates in a collective 
bargained agreement negotiated under the Railway Labor Act are 
deemed to satisfy Davis-Bacon Act requirements.

Sec. 633. Regulations.
  The Secretary would be required to issue interim regulations 
to implement the grant program by December 31, 2003, and final 
regulations by October 1, 2004.

Sec. 634. Study of Grant-funded Projects.
  The section would require the Secretary to undertake a study 
of the projects carried out under the new grant program to 
determine the public interest benefits associated with the 
light density railroad networks in the States and their 
contribution to a multi-modal transportation system. The 
Secretary is directed to report to Congress by March 31, 2004, 
any recommendations regarding the eligibility of light density 
rail networks for Federal infrastructure financing.

Sec. 635. Authorization of Appropriations.
  Subsection (i) would authorize appropriations of $350 million 
for each of fiscal years 2004, 2005, and 2006.

       SUBTITLE C -- OTHER RAIL TRANSPORTATION-RELATED PROVISIONS

Sec. 661. Capital Grants for Rail Line Relocation Projects.
  The section would add a new section 20154 to chapter 201 of 
title 49, United States Code, to establish a capital grant 
program for rail line relocation projects. The grant program is 
to be directed by the Secretary. The section would establish 
eligibility standards for States making grant applications. 
Proposed rail line relocation projects for the improvement of a 
route or structure passing through a municipality must: (1) 
mitigate the adverse effects of rail traffic on safety, motor 
vehicle traffic flow, or economic development in the 
municipality; (2) involve a lateral or vertical relocation of 
the rail line to avoid the closing of a grade crossing or the 
relocation of a road; and (3) meet a costs-benefits test.
  For a project to be eligible for funding, the projected 
benefits of the project must exceed the project costs. In 
determining project benefits and costs, the Secretary is to 
consider: (1) the effects of the rail line and the rail traffic 
on motor vehicle and pedestrian traffic, safety, and area 
commerce, before and after the proposed rail line relocation; 
and (2) the effects of the rail line relocation on freight and 
rail passenger operations on the rail line.
  The Secretary is to consider, in addition to benefits and 
costs, the following factors in making grant award decisions: 
(1) the capability of the State to fund the relocation project 
without Federal grant funding; (2) the equitable treatment of 
various regions of the United States; and (3) certain 
allocation requirements.
  Allocation requirements for rail line relocation grants would 
be: (1) at least 50 percent of all grant funding available in a 
fiscal year must be provided as grant awards of not more than 
$20 million each; and (2) not more than 25 percent of the grant 
funding available in a fiscal year may be provided for any 
single project.
  The Federal share for grants awarded under this authority 
would be 90 percent of the costs, while the State share for 
grants awarded under this authority would be 10 percent of the 
shared costs. The State share could be paid in the form of 
cash, the contribution of real or tangible property (including 
property provided by a person on behalf of the State), or the 
services of State employees (excluding overhead and 
administrative costs). State in-kind costs could include 
certain pre-application contributions. The shared costs of a 
project could not include any cost that is defrayed with any 
funds or in-kind contribution that a source (other than the 
municipality) makes available unless the contribution is 
conditioned on the municipality using the funds only for the 
project and the execution of the project. The Secretary would 
determine which project costs are shared costs and which are 
not.
  Two or more States would be authorized to combine grants for 
a common project that benefits such States, subject to State 
authority. The Secretary would prescribe regulations for 
carrying out this section. The definition of ``State'' would 
include political subdivisions of that State.
  Appropriations for the grant program would be authorized at 
$350 million for each of fiscal years 2004 through 2008. The 
Secretary would issue temporary regulations to implement the 
grant program by October 1, 2003, and final regulations by 
April 1, 2004.

Sec. 662. Federal Bonds for Transportation Infrastructure.
  The section provides that the proceeds from bonds issued, 
authorized, or guaranteed by the Federal government for 
passenger rail projects could be used to fund a ``qualified 
project'' if the Secretary determines that the qualified 
project is more cost-effective for maximizing the mobility of 
individuals and goods than a passenger rail project. Qualified 
projects would include any transportation infrastructure 
project of any governmental unit or person proposed by a State, 
including highway, transit, railroad, airport, port, and inland 
waterway projects.
  Recipients of a grant, loan, Federal tax-credit bonds, or any 
other form of financial assistance provided under this title 
would be required to comply with the wage standards under the 
Davis-Bacon Act.

                      Rollcall Votes in Committee

  Senator Smith offered an amendment to establish an incentive 
program to promote effective safety belt laws and increase seat 
belt use. By rollcall vote of 9 yeas and 12 nays as follows, 
the amendment was defeated:
        YEAS--9                       NAYS--12
Mrs. Hutchison                      Mr. Stevens\1\
Mr. Smith                           Mr. Burns
Mr. Fitzgerald                      Mr. Lott
Mr. Inouye\1\                       Ms. Snowe\1\
Mr. Kerry\1\                        Mr. Brownback\1\
Mr. Breaux                          Mr. Ensign\1\
Mr. Wyden\1\                        Mr. Allen
Ms. Cantwell                        Mr. Sununu
Mr. Inouye\1\                       Mr. Hollings
                                    Mr. Rockefeller\1\
                                    Mr. Nelson\1\
                                    Mr. McCain

    \1\By proxy

  Senator Burns offered an amendment to modify Federal hours-
of-service requirements for operators of commercial motor 
vehicles for tranporting agricultural commodities and farm 
supplies. By rollcall vote of 16 yeas and 6 nays as follows, 
the amendment was adopted:
        YEAS--16                      NAYS--6
Mr. Stevens                         Mr. Kerry\1\
Mr. Burns                           Mrs. Boxer\1\
Mr. Lott                            Mr. Nelson\1\
Mrs. Hutchison                      Ms. Cantwell
Ms. Snowe\1\                        Mr. Lautenberg
Mr. Brownback\1\                    Mr. McCain
Mr. Smith
Mr. Fitzgerald\1\
Mr. Ensign\1\
Mr. Allen
Mr. Hollings
Mr. Inouye\1\
Mr. Rockefeller\1\
Mr. Breaux
Mr. Dorgan\1\
Mr. Wyden\1\

    \1\By proxy

  Senator Lautenberg offered an amendment to amend titles 23 
and 49, United States Code, concerning length limitations for 
vehicles operating on Federal-aid highways, and for other 
purposes. By rollcall vote of 12 yeas and 11 nays as follows, 
the amendment was adopted:
        YEAS--12                      NAYS--11
Mrs. Hutchison                      Mr. Stevens\1\
Mr. Smith                           Mr. Burns\1\
Mr. Fitzgerald\1\                   Mr. Lott
Mr.Hollings                         Ms. Snowe\1\
Mr. Inouye\1\                       Mr. Brownback\1\
Mr. Rockefeller\1\                  Mr. Ensign\1\
Mr. Kerry\1\                        Mr. Allen
Mr. Wyden\1\                        Mr. Sununu\1\
Mrs. Boxer\1\                       Mr. Breaux
Mr. Nelson\1\                       Mr. Dorgan\1\
Ms. Cantwell                        Mr. McCain
Mr. Lautenberg

    \1\By proxy

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, the Committee states that, in its opinion, 
it is necessary to dispense with the requirements of that 
paragraph in order to expedite the business of the Senate.

                     HOMELAND SECURITY ACT OF 2000

                             [6 U.S.C. 551]

SEC. 1511. TRANSITIONAL AUTHORITIES.

  (a) Provision of assistance by officials.--Until the transfer 
of an agency to the Department, any official having authority 
over or functions relating to the agency immediately before the 
effective date of this Act shall provide to the Secretary such 
assistance, including the use of personnel and assets, as the 
Secretary may request in preparing for the transfer and 
integration of the agency into the Department.
  (b) Services and personnel.--During the transition period, 
upon the request of the Secretary, the head of any executive 
agency may, on a reimbursable basis, provide services or detail 
personnel to assist with the transition.
  (c) Acting officials.--
          (1) During the transition period, pending the advice 
        and consent of the Senate to the appointment of an 
        officer required by this Act to be appointed by and 
        with such advice and consent, the President may 
        designate any officer whose appointment was required to 
        be made by and with such advice and consent and who was 
        such an officer immediately before the effective date 
        of this Act (and who continues in office) or 
        immediately before such designation, to act in such 
        office until the same is filled as provided in this 
        Act. While so acting, such officers shall receive 
        compensation at the higher of--
                  (A) the rates provided by this Act for the 
                respective offices in which they act; or
                  (B) the rates provided for the offices held 
                at the time of designation.
          (2) Nothing in this Act shall be understood to 
        require the advice and consent of the Senate to the 
        appointment by the President to a position in the 
        Department of any officer whose agency is transferred 
        to the Department pursuant to this Act and whose duties 
        following such transfer are germane to those performed 
        before such transfer.
  (d) Transfer of personnel, assets, obligations, and 
functions.--Upon the transfer of an agency to the Department--
          (1) the personnel, assets, and obligations held by or 
        available in connection with the agency shall be 
        transferred to the Secretary for appropriate 
        allocation, subject to the approval of the Director of 
        the Office of Management and Budget and in accordance 
        with the provisions of section 1531(a)(2) of title 31, 
        United States Code; and
          (2) the Secretary shall have all functions relating 
        to the agency that any other official could by law 
        exercise in relation to the agency immediately before 
        such transfer, and shall have in addition all functions 
        vested in the Secretary by this Act or other law.
  (e) Prohibition on use of transportation trust funds.--
          (1) In general.--Notwithstanding any other provision 
        of this Act, no funds derived from the Highway Trust 
        Fund, Airport and Airway Trust Fund, Inland Waterway 
        Trust Fund, or Harbor Maintenance Trust Fund, may be 
        transferred to, made available to, or obligated by the 
        Secretary or any other official in the Department.
          (2) Limitation.--This subsection shall not apply to 
        security-related funds provided to the Federal Aviation 
        Administration for fiscal years preceding fiscal year 
        2003 for (A) operations, (B) facilities and equipment, 
        or (C) research, engineering, and development, [and to 
        any funds provided to the Coast Guard from the Aquatic 
        Resources Trust Fund of the Highway Trust Fund for 
        boating safety programs.] and any funds provided to the 
        Coast Guard from the Highway Trust Fund and transferred 
        into the Sport Fish Restoration Account of the Aquatic 
        Resources Trust Fund for boating safety programs.

                             * * * * * * *

                           SPORT FISHING ACT

                        [16 U.S.C. 777 ET SEQ.]

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C. 777B]

  To carry out the provisions of this Act for fiscal years 
after September 30, 1984, there are authorized to be 
appropriated from the Sport Fish Restoration Account 
established by section 9504(a) of the Internal Revenue Code of 
1954 the amounts paid, transferred, or otherwise credited to 
that Account. For purposes of the provision of the Act of 
August 31, 1951, which refers to this section, such amounts 
shall be treated as the amounts that are equal to the revenues 
described in this section. The appropriation made under the 
provisions of this section for each fiscal year shall continue 
available during [the succeeding fiscal year.] succeeding 
fiscal years. So much of such appropriation apportioned to any 
State for any fiscal year as remains unexpended at the close 
thereof is authorized to be made available for expenditure in 
that State until the close of the succeeding fiscal year. Any 
amount apportioned to any State under the provisions of this 
Act which is unexpended or unobligated at the end of the period 
during which it is available for expenditure on any project is 
authorized to be made available for expenditure by the 
Secretary of the Interior [in carrying on the research program 
of the Fish and Wildlife Service in respect to fish of material 
value for sport and recreation.] to supplement the 55.3 percent 
of each annual appropriation to be apportioned among the 
States, as provided for in section 4(b) of this Act.

SEC. 4. DIVISION OF ANNUAL APPROPRIATIONS.

                            [16 U.S.C. 777C]

  [(a) Initial distribution.--The Secretary of the Interior 
shall distribute 18 per centum of each annual appropriation 
made in accordance with the provisions of section 3 of this Act 
as provided in the Coastal Wetlands Planning, Protection, and 
Restoration Act (title III, Public Law 101-646). 
Notwithstanding the provisions of section 3 of this Act, such 
sums shall remain available to carry out such Act through 
fiscal year 2009.
  [(b) Use of balance after distribution.--
          [(1) Fiscal year 1998.--In fiscal year 1998, an 
        amount equal to $20,000,000 of the balance remaining 
        after the distribution under subsection (a) shall be 
        transferred to the Secretary of Transportation and 
        shall be expended for State recreational boating safety 
        programs under section 13106(a)(1) of title 46, United 
        States Code.
          [(2) Fiscal year 1999.--For fiscal year 1999, of the 
        balance of each annual appropriation remaining after 
        making the distribution under subsection (a), an amount 
        equal to $74,000,000, 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 to the 
                Secretary of the Interior for 3 fiscal years 
                for obligation for qualified projects under 
                section 5604(c) of the Clean Vessel Act of 1992 
                (33 U.S.C. 1322 note).
                  [(B) The balance remaining after the 
                application of subparagraph (A) 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.
          [(3) Fiscal years 2000-2003.--For each of fiscal 
        years 2000 through 2003, of the balance of each annual 
        appropriation remaining after making the distribution 
        under subsection (a), an amount equal to $82,000,000, 
        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 fiscal years for obligation for qualified 
                projects under section 5604(c) of the Clean 
                Vessel Act of 1992 (33 U.S.C. 1322 note).
                  [(B) $8,000,000 shall be available for each 
                fiscal year to the Secretary of the Interior 
                for 3 fiscal years for obligation for qualified 
                projects under section 7404(d) of the 
                Sportfishing and Boating Safety Act of 1998.
                  [(C) The balance remaining after the 
                application of subparagraphs (A) and (B) 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.
          [(4) First 5 months of fiscal year 2004.--For the 
        period of October 1, 2003, through February 29, 2004, 
        of the balance of each annual appropriation remaining 
        after making the distribution under subsection (a), an 
        amount equal to $34,166,667, 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) $4,166,667 shall be available to the 
                Secretary of the Interior for 3 fiscal years 
                for obligation for qualified projects under 
                section 5604(c) of the Clean Vessel Act of 1992 
                (33 U.S.C. 1322 note).
                  [(B) $3,333,333 shall be available to the 
                Secretary of the Interior for 3 fiscal years 
                for obligation for qualified projects under 
                section 7404(d) of the Sportfishing and Boating 
                Safety Act of 1998 (16 U.S.C. 777g-1(d)).
                  [(C) The balance remaining after the 
                application of subparagraphs (A) and (B) 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.
          [(5) Transfer of certain funds.--Amounts available 
        under subparagraph (A) of paragraph (2) and 
        subparagraphs (A) and (B) of paragraph (3) that are 
        unobligated by the Secretary of the Interior after 3 
        fiscal 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.
  [(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 1999;
          [(2) $6,000,000 for fiscal year 2000;
          [(3) $7,000,000 for fiscal year 2001;
          [(4) $8,000,000 for fiscal year 2002;
          [(5) $10,000,000 for fiscal year 2003; and
          [(6) $4,166,667 for the period of October 1, 2003, 
        through February 29, 2004;
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).
  [(d) Set-aside for expenses for administration of the 
Dingell-Johnson Sport Fish Restoration Act.--
          [(1) In general.--
                  [(A) Set-aside.--For fiscal year 2001 and 
                each fiscal year thereafter, of the balance of 
                each such annual appropriation remaining after 
                the distribution and use under subsections (a), 
                (b), and (c) and section 14, the Secretary of 
                the Interior may use not more than the 
                available amount specified in subparagraph (B) 
                for the fiscal year for expenses for 
                administration incurred in implementation of 
                this Act, in accordance with this subsection 
                and section 9.
                  [(B) vailable amounts.--The available amount 
                referred to in subparagraph (A) is--
                          [(i) for each of fiscal years 2001 
                        and 2002, $9,000,000;
                          [(ii) for fiscal year 2003, 
                        $8,212,000; and
                          [(iii) for fiscal year 2004 and each 
                        fiscal year thereafter, the sum of--
                                  [(I) the available amount for 
                                the preceding fiscal year; and
                                  [(II) the amount determined 
                                by multiplying--
                                          [(aa) the available 
                                        amount for the 
                                        preceding fiscal year; 
                                        and
                                          [(bb) the change, 
                                        relative to the 
                                        preceding fiscal year, 
                                        in the Consumer Price 
                                        Index for All Urban 
                                        Consumers published by 
                                        the Department of 
                                        Labor.
          [(2) Period of availability; apportionment of 
        unobligated amounts.--
                  [(A) Period of availability.--For each fiscal 
                year, the available amount under paragraph (1) 
                shall remain available for obligation for use 
                under that paragraph until the end of the 
                fiscal year.
                  [(B) Apportionment of unobligated amounts.--
                Not later than 60 days after the end of a 
                fiscal year, the Secretary of the Interior 
                shall apportion among the States any of the 
                available amount under paragraph (1) that 
                remains unobligated at the end of the fiscal 
                year, on the same basis and in the same manner 
                as other amounts made available under this Act 
                are apportioned among the States under 
                subsection (e) for the fiscal year.]
  (a) In General.--For fiscal years 2004 through 2009, each 
annual appropriation made in accordance with the provisions of 
section 3 of this Act shall be distributed as follows:
          (1) Coastal wetlands.--18 percent to the Secretary of 
        the Interior for distribution as provided in the 
        Coastal Wetlands Planning, Protection, and Restoration 
        Act (16 U.S.C. 3951 et seq.).
          (2) Boating safety.--18 percent to the Secretary of 
        Homeland Security for State recreational boating safety 
        programs under section 13106 of title 46, United States 
        Code.
          (3) Clean vessel act.--1.9 percent to the Secretary 
        of the Interior for qualified projects under section 
        5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 
        note).
          (4) Boating infrastructure.--1.9 percent to the 
        Secretary of the Interior for obligation for qualified 
        projects under section 7404(d) of the Sportfishing and 
        Boating Safety Act of 1998 (16 U.S.C. 777g-1(d)).
          (5) National outreach and communications.--1.9 
        percent to the Secretary of the Interior for the 
        National Outreach and Communications Program under 
        section 8(d) of this Act. Such amounts shall remain 
        available for 3 fiscal years, after which any portion 
        thereof that is unobligated by the Secretary for that 
        program may be expended by the Secretary under 
        subsection (b) of this section.
          (6) Set-aside for expenses for administration of this 
        chapter.--
                  (A) In general.--2.1 percent to the Secretary 
                of the Interior for expenses for administration 
                incurred in implementation of this Act, in 
                accordance with this section, section 9, and 
                section 14 of this Act.
                  (B) Apportionment of unobligated funds.--If 
                any portion of the amount made available to the 
                Secretary under subparagraph (A) remains 
                unexpended and unobligated at the end of a 
                fiscal year, that portion shall be apportioned 
                among the States, on the same basis and in the 
                same manner as other amounts made available 
                under this Act are apportioned among the States 
                under subsection (b) of this section, within 60 
                days after the end of that fiscal year. Any 
                amount apportioned among the States under this 
                subparagraph shall be in addition to any 
                amounts otherwise available for apportionment 
                among the States under subsection (b) for the 
                fiscal year.
  [(e)] (b) Apportionment among States.--The Secretary [of the 
Interior, after the distribution, transfer, use, and deduction 
under subsections (a), (b), (c), and (d), respectively, and 
after deducting amounts used for grants under section 14, shall 
apportion the remainder] shall apportion 55.3 percent of each 
such annual appropriation among the several States in the 
following manner: 40 [per centum] percent in the ratio which 
the area of each State including coastal and Great Lakes waters 
(as determined by the Secretary of the Interior) bears to the 
total area of all the States, and 60 [per centum] percent in 
the ratio which the number of persons holding paid licenses to 
fish for sport or recreation in the State in the second fiscal 
year preceding the fiscal year for which such apportionment is 
made, as certified to said Secretary by the State fish and game 
departments, bears to the number of such persons in all the 
States. Such apportionments shall be adjusted equitably so that 
no State shall receive less than 1 [per centum] percent nor 
more than 5 [per centum] percent of the total amount 
apportioned. Where the apportionment to any State under this 
section is less than $4,500 annually, the Secretary of the 
Interior may allocate not more than $4,500 of said 
appropriation to said State to carry out the purposes of this 
Act when said State certifies to the Secretary of the Interior 
that it has set aside not less than $1,500 from its fish-and-
game funds or has made, through its legislature, an 
appropriation in this amount for said purposes.
  [(f)] (c) Unallocated funds.--So much of any sum not 
allocated under the provisions of this section for any fiscal 
year is hereby authorized to be made available for expenditure 
to carry out the purposes of this Act until the close of the 
succeeding fiscal year. The term fiscal year as used in this 
section shall be a period of twelve consecutive months from 
October 1 through the succeeding September 30, except that the 
period for enumeration of persons holding licenses to fish 
shall be a State's fiscal or license year.
  [(g)] (d) Expenses for administration of certain programs.--
          (1) In general.--For each fiscal year, of the amounts 
        appropriated under section 3, the Secretary of the 
        Interior shall use only funds authorized for use under 
        [subsections (a), (b)(3)(A), (b)(3)(B), and (c)] 
        paragraphs (1), (3), (4), and (5) of subsection (a) to 
        pay the expenses for administration incurred in 
        carrying out the provisions of law referred to in those 
        subsections, respectively.
          (2) Maximum amount.--For each fiscal year, the 
        Secretary of the Interior may use not more than 
        $900,000 in accordance with paragraph (1).
  (e) Transfer of Certain Funds.--Amounts available under 
paragraphs (3) and (4) of subsection (a) that are unobligated 
by the Secretary after 3 fiscal years shall be transferred to 
the Secretary of Homeland Security and shall be expended for 
State recreational boating safety programs under section 
13106(a) of title 46, United States Code.

SEC. 8. MAINTENANCE OF PROJECTS.

                            [16 U.S.C. 777G]

  (a) Duty of States; status of projects; title to property.--
To maintain fish-restoration and management projects 
established under the provisions of this Act shall be the duty 
of the States according to their respective laws. Beginning 
July 1, 1953, maintenance of projects heretofore completed 
under the provisions of this Act may be considered as projects 
under this Act. Title to any real or personal property acquired 
by any State, and to improvements placed on State-owned lands 
through the use of funds paid to the State under the provisions 
of this Act, shall be vested in such State.
  (b) Funding requirements.--
          (1) Each State shall allocate 15 percent of the funds 
        apportioned to it for each fiscal year under section 4 
        of this Act for the payment of up to 75 per centum of 
        the costs of the acquisition, development, renovation, 
        or improvement of facilities (and auxiliary facilities 
        necessary to insure the safe use of such facilities) 
        that create, or add to, public access to the waters of 
        the United States to improve the suitability of such 
        waters for recreational boating purposes. 
        Notwithstanding this provision, States within a United 
        States Fish and Wildlife Service Administrative Region 
        may allocate more or less than 15 percent in a fiscal 
        year, provided that the total regional allocation 
        averages 15 percent over a 5 year period.
          (2) So much of the funds that are allocated by a 
        State under paragraph (1) in any fiscal year that 
        remained unexpended or unobligated at the close of such 
        year are authorized to be made available for the 
        purposes described in paragraph (1) during the 
        succeeding four fiscal years, but any portion of such 
        funds that remain unexpended or unobligated at the 
        close of such period are authorized to be made 
        available for expenditure by the Secretary of the 
        Interior [in carrying out the research program of the 
        Fish and Wildlife Service in respect to fish of 
        material value for sport or recreation.] to supplement 
        the 55.3 percent of each annual appropriation to be 
        apportioned among the States under section 4(b) of this 
        Act.
  (c) Aquatic resource education program; funding, etc.--Each 
State may use not to exceed 15 percent of the funds apportioned 
to it under section 4 of this Act to pay up to 75 per centum of 
the costs of an aquatic resource education and outreach and 
communications program for the purpose of increasing public 
understanding of the Nation's water resources and associated 
aquatic life forms. The non-Federal share of such costs may not 
be derived from other Federal grant programs. The Secretary 
shall issue not later than the one hundred and twentieth day 
after the effective date of this subsection such regulations as 
he deems advisable regarding the criteria for such programs.
  (d) National outreach and communications program.--
          (1) Implementation.--Within 1 year after the date of 
        enactment of the Sportfishing and Boating Safety Act of 
        1998, 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] paragraph 
        (5) or (6) of section 4(a) 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 and 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.
  (f) Pumpout stations and waste reception facilities.--Amounts 
apportioned to States under section 4 of this Act may be used 
to pay not more than 75 percent of the costs of constructing, 
renovating, operating, or maintaining pumpout stations and 
waste reception facilities (as those terms are defined in the 
Clean Vessel Act of 1992).
  (g) Surveys.--
          (1) National framework.--Within 6 months after the 
        date of enactment of the Sportfishing and Boating 
        Safety Act of 1998, 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.

SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR 
                    EXPENSES FOR ADMINISTRATION.

                            [16 U.S.C. 777H]

  (a) Authorized expenses for administration.--Except as 
provided in subsection (b), the Secretary of the Interior may 
use available amounts under [section 4(d)(1)] section 4(a)(6) 
only for expenses for administration that directly support the 
implementation of this Act that consist of--
          (1) personnel costs of employees who directly 
        administer this Act on a full-time basis;
          (2) personnel costs of employees who directly 
        administer this Act on a part-time basis for at least 
        20 hours each week, not to exceed the portion of those 
        costs incurred with respect to the work hours of the 
        employee during which the employee directly administers 
        this Act, as those hours are certified by the 
        supervisor of the employee;
          (3) support costs directly associated with personnel 
        costs authorized under paragraphs (1) and (2), 
        excluding costs associated with staffing and operation 
        of regional offices of the United States Fish and 
        Wildlife Service and the Department of the Interior 
        other than for the purposes of this Act;
          (4) costs of determining under section 6(a) whether 
        State comprehensive plans and projects are substantial 
        in character and design;
          (5) overhead costs, including the costs of general 
        administrative services, that are directly attributable 
        to administration of this Act and are based on--
                  (A) actual costs, as determined by a direct 
                cost allocation methodology approved by the 
                Director of the Office of Management and Budget 
                for use by Federal agencies; and
                  (B) in the case of costs that are not 
                determinable under subparagraph (A), an amount 
                per full-time equivalent employee authorized 
                under paragraphs (1) and (2) that does not 
                exceed the amount charged or assessed for costs 
                per full-time equivalent employee for any other 
                division or program of the United States Fish 
                and Wildlife Service;
          (6) costs incurred in auditing, every 5 years, the 
        wildlife and sport fish activities of each State fish 
        and game department and the use of funds under section 
        6 by each State fish and game department;
          (7) costs of audits under subsection (d);
          (8) costs of necessary training of Federal and State 
        full-time personnel who administer this Act to improve 
        administration of this Act;
          (9) costs of travel to States, territories, and 
        Canada by personnel who--
                  (A) administer this Act on a full-time basis 
                for purposes directly related to administration 
                of State programs or projects; or
                  (B) administer grants under section 6 or 14;
          (10) costs of travel outside the United States 
        (except travel to Canada), by personnel who administer 
        this Act on a full-time basis, for purposes that 
        directly relate to administration of this Act and that 
        are approved directly by the Assistant Secretary for 
        Fish and Wildlife and Parks;
          (11) relocation expenses for personnel who, after 
        relocation, will administer this Act on a full-time 
        basis for at least 1 year, as certified by the Director 
        of the United States Fish and Wildlife Service at the 
        time at which the relocation expenses are incurred; and
          (12) costs to audit, evaluate, approve, disapprove, 
        and advise concerning grants under sections 6 and 14.
  (b) Reporting of other uses.--
          (1) In general.--Subject to paragraph (2), if the 
        Secretary of the Interior determines that available 
        amounts under [section 4(d)(1)] section 4(a)(6) should 
        be used for an expense for administration other than an 
        expense for administration described in subsection (a), 
        the Secretary--
                  (A) shall submit to the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Resources of the House of 
                Representatives a report describing the expense 
                for administration and stating the amount of 
                the expense; and
                  (B) may use any such available amounts for 
                the expense for administration only after the 
                end of the 30-day period beginning on the date 
                of submission of the report under subparagraph 
                (A).
          (2) Maximum amount.--For any fiscal year, the 
        Secretary of the Interior may use under paragraph (1) 
        not more than $25,000.
  (c) Restriction on use to supplement general 
appropriations.--The Secretary of the Interior shall not use 
available amounts under subsection (b) to supplement the 
funding of any function for which general appropriations are 
made for the United States Fish and Wildlife Service or any 
other entity of the Department of the Interior.
  (d) Audit requirement.--
          (1) In general.--The Inspector General of the 
        Department of the Interior shall procure the 
        performance of biennial audits, in accordance with 
        generally accepted accounting principles, of 
        expenditures and obligations of amounts used by the 
        Secretary of the Interior for expenses for 
        administration incurred in implementation of this Act.
          (2) Auditor.--
                  (A) In general.--An audit under this 
                subsection shall be performed under a contract 
                that is awarded under competitive procedures 
                (as defined in section 4 of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 403)) 
                by a person or entity that is not associated in 
                any way with the Department of the Interior 
                (except by way of a contract for the 
                performance of an audit or other review).
                  (B) Supervision of auditor.--The auditor 
                selected under subparagraph (A) shall report 
                to, and be supervised by, the Inspector General 
                of the Department of the Interior, except that 
                the auditor shall submit a copy of the biennial 
                audit findings to the Secretary of the Interior 
                at the time at which the findings are submitted 
                to the Inspector General of the Department of 
                the Interior.
          (3) Report to Congress.--The Inspector General of the 
        Department of the Interior shall promptly submit to the 
        Committee on Resources of the House of Representatives 
        and the Committee on Environment and Public Works of 
        the Senate--
                  (A) report on the results of each audit under 
                this subsection; and
                  (B) a copy of each audit under this 
                subsection.

SEC. 12. PAYMENTS OF FUNDS TO AND COOPERATION WITH PUERTO RICO, THE 
                    DISTRICT OF COLUMBIA, GUAM, AMERICAN SAMOA, 
                    COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, AND 
                    VIRGIN ISLANDS.

                            [16 U.S.C. 777K]

  The Secretary of the Interior is authorized to cooperate with 
the Secretary of Agriculture of Puerto Rico, the Mayor of the 
District of Columbia, the Governor of Guam, the Governor of 
American Samoa, the Governor of the Commonwealth of the 
Northern Mariana Islands, and the Governor of the Virgin 
Islands, in the conduct of fish restoration and management 
projects, as defined in section 2 of this Act, upon such terms 
and conditions as he shall deem fair, just, and equitable, and 
is authorized to apportion to Puerto Rico, the District of 
Columbia, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, and the Virgin Islands, out of money 
available for apportionment under this Act, such sums as he 
shall determine, not exceeding for Puerto Rico 1 per centum for 
the District of Columbia one-third of 1 per centum for Guam 
one-third of 1 per centum for American Samoa one-third of 1 per 
centum for the Commonwealth of the Northern Mariana Islands 
one-third of 1 per centum and for the Virgin Islands one-third 
of 1 per centum of the total amount apportioned in any one 
year, but the Secretary shall in no event require any of said 
cooperating agencies to pay an amount which will exceed 25 per 
centum of the cost of any project. Any unexpended or 
unobligated balance of any apportionment made pursuant to this 
section shall be made available for expenditure in Puerto Rico, 
the District of Columbia, Guam, the Commonwealth of the 
Northern Mariana Islands, or the Virgin Islands, as the case 
may be, in the succeeding year, on any approved projects, and 
if unexpended or unobligated at the end of such year is 
authorized to be made available for expenditure by the 
Secretary of the Interior [in carrying on the research program 
of the Fish and Wildlife Service in respect to fish of material 
value for sport or recreation.] to supplement the 55.3 percent 
of each annual appropriation to be apportioned among the States 
under section 4(b) of this Act.

SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM.

                            [16 U.S.C. 777M]

  [(a) In general.--
          [(1) Amount for grants.--Of the balance of each 
        annual appropriation made under section 3 remaining 
        after the distribution and use under subsections (a), 
        (b), and (c) of section 4 in a fiscal year, not more 
        than $3,000,000 shall be available to the Secretary of 
        the Interior for making multistate conservation project 
        grants in accordance with this section.]
  (a) In General.--
          (1) Amount for grants.--For each of fiscal years 2004 
        through 2009, 0.9 percent of each annual appropriation 
        made in accordance with the provisions of section 3 of 
        this Act shall be distributed to the Secretary of the 
        Interior for making multistate conservation project 
        grants in accordance with this section.
          (2) Period of availability; apportionment.--
                  (A) Period of availability.--Amounts made 
                available under paragraph (1) shall remain 
                available for making grants only for the first 
                fiscal year for which the amount is made 
                available and the following fiscal year.
                  (B) Apportionment.--At the end of the period 
                of availability under subparagraph (A), the 
                Secretary of the Interior shall apportion any 
                amounts that remain available among the States 
                in the manner specified in [section 4(e)] 
                section 4(b) for use by the States in the same 
                manner as funds apportioned under [section 
                4(e).] section 4(b).
  (b) Selection of projects.--
          (1) States or entities to be benefited.--A project 
        shall not be eligible for a grant under this section 
        unless the project will benefit--
                  (A) at least 26 States;
                  (B) a majority of the States in a region of 
                the United States Fish and Wildlife Service; or
                  (C) a regional association of State fish and 
                game departments.
          (2) Use of submitted priority list of projects.--The 
        Secretary of the Interior may make grants under this 
        section only for projects identified on a priority list 
        of sport fish restoration projects described in 
        paragraph (3).
          (3) Priority list of projects.--A priority list 
        referred to in paragraph (2) is a priority list of 
        sport fish restoration projects that the International 
        Association of Fish and Wildlife Agencies--
                  (A) prepares through a committee comprised of 
                the heads of State fish and game departments 
                (or their designees), in consultation with--
                          (i) nongovernmental organizations 
                        that represent conservation 
                        organizations;
                          (ii) sportsmen organizations; and
                          (iii) industries that fund the sport 
                        fish restoration programs under this 
                        Act;
                  (B) approves by vote of a majority of the 
                heads of State fish and game departments (or 
                their designees); and
                  (C) not later than October 1 of each fiscal 
                year, submits to the Assistant Director for 
                Wildlife and Sport Fish Restoration Programs.
          (4) Publication.--The Assistant Director for Wildlife 
        and Sport Fish Restoration Programs shall publish in 
        the Federal Register each priority list submitted under 
        paragraph (3)(C).
  (c) Eligible grantees.--
          (1) In general.--The Secretary of the Interior may 
        make a grant under this section only to--
                  (A) a State or group of States;
                  (B) the United States Fish and Wildlife 
                Service, or a State or group of States, for the 
                purpose of carrying out the National Survey of 
                Fishing, Hunting, and Wildlife-Associated 
                Recreation; and
                  (C) subject to paragraph (2), a 
                nongovernmental organization.
          (2) Nongovernmental organizations.--
                  (A) In general.--Any nongovernmental 
                organization that applies for a grant under 
                this section shall submit with the application 
                to the International Association of Fish and 
                Wildlife Agencies a certification that the 
                organization--
                          (i) will not use the grant funds to 
                        fund, in whole or in part, any activity 
                        of the organization that promotes or 
                        encourages opposition to the regulated 
                        taking of fish; and
                          (ii) will use the grant funds in 
                        compliance with subsection (d).
                  (B) Penalties for certain activities.--Any 
                nongovernmental organization that is found to 
                use grant funds in violation of subparagraph 
                (A) shall return all funds received under this 
                section and be subject to any other applicable 
                penalties under law.
  (d) Use of grants.--A grant under this section shall not be 
used, in whole or in part, for an activity, project, or program 
that promotes or encourages opposition to the regulated taking 
of fish.
  (e) Funding for other activities.--[Of the balance of each 
annual appropriation made under section 3 remaining after the 
distribution and use under subsections (a), (b), and (c) of 
section 4 for each fiscal year and after deducting amounts used 
for grants under subsection (a)--] Of amounts made available 
under section 4(a)(6) for each fiscal year--
          (1) $200,000 shall be made available for each of--
                  (A) the Atlantic States Marine Fisheries 
                Commission;
                  (B) the Gulf States Marine Fisheries 
                Commission;
                  (C) the Pacific States Marine Fisheries 
                Commission; and
                  (D) the Great Lakes Fisheries Commission; and
          (2) $400,000 shall be made available for the Sport 
        Fishing and Boating Partnership Council established by 
        the United States Fish and Wildlife Service.
  (f) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to any activity carried out under this section.

                             * * * * * * *

              SPORT FISHING AND BOATING SAFETY ACT OF 1998

SEC. 7404. BOATING INFRASTRUCTURE.

                           [16 U.S.C. 777G-1]

  (a) Purpose.--The purpose of this section is to provide funds 
to States for the development and maintenance of facilities for 
transient nontrailerable recreational vessels.
  (b) [Omitted]
  (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 facilities for transient nontrailerable 
recreational vessels, and access to those facilities, 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)(3)(B)] section 4(a)(4) 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, as 
        amended by this Act, to make grants to any State to pay 
        not more than 75 percent of the cost to a State of 
        constructing, renovating, or maintaining 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 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) ``facilities for transient nontrailerable 
        recreational vessels'' includes mooring buoys, day-
        docks, navigational aids, seasonal slips, safe harbors, 
        or similar structures located on navigable waters, that 
        are available to the general public (as determined by 
        the Secretary of the Interior) 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.

                TITLE 18. CRIMES AND CRIMINAL PROCEDURE

                             PART I. CRIMES

                 CHAPTER 2. AIRCRAFT AND MOTOR VEHICLES

                             * * * * * * *

Sec. 38. Commercial motor vehicles required to stop for inspections

  (a) A driver of a commercial motor vehicle, as defined in 
section 31132(1) of title 49, shall stop and submit to 
inspection of the vehicle, driver, cargo, and required records 
when directed to do so by an authorized employee of the Federal 
Motor Carrier Safety Administration, Department of 
Transportation, at or in the vicinity of an inspection site. 
The driver shall not leave the inspection site until authorized 
to do so by an authorized employee.
  (b) A driver of a commercial motor vehicle, as defined in 
subsection (a), who knowingly fails to stop for inspection when 
directed to do so by an authorized employee of the Federal 
Motor Carrier Safety Administration at or in the vicinity of an 
inspection site, or leaves the inspection site without 
authorization, shall be fined under this title or imprisoned 
not more than 1 year, or both.

   CHAPTER 40. IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF 
                          EXPLOSIVE MATERIALS

Sec. 845. Exceptions; relief from disabilities

  (a) Except in the case of subsections (l), (m), (n), or (o) 
of section 842 and subsections (d), (e), (f), (g), (h), and (i) 
of section 844 of this title, this chapter shall not apply to:
          (1) any aspect of the transportation of explosive 
        materials via railroad, water, highway, or air [which 
        are regulated by the United States Department of 
        Transportation and agencies thereof, and which pertain 
        to safety;] that is subject to the authority of the 
        Departments of Transportation and Home and Security;
          (2) the use of explosive materials in medicines and 
        medicinal agents in the forms prescribed by the 
        official United States Pharmacopeia, or the National 
        Formulary;
          (3) the transportation, shipment, receipt, or 
        importation of explosive materials for delivery to any 
        agency of the United States or to any State or 
        political subdivision thereof;
          (4) small arms ammunition and components thereof;
          (5) commercially manufactured black powder in 
        quantities not to exceed fifty pounds, percussion caps, 
        safety and pyrotechnic fuses, quills, quick and slow 
        matches, and friction primers, intended to be used 
        solely for sporting, recreational, or cultural purposes 
        in antique firearms as defined in section 921(a)(16) of 
        title 18 of the United States Code, or in antique 
        devices as exempted from the term ``destructive 
        device'' in section 921(a)(4) of title 18 of the United 
        States Code; and
          (6) the manufacture under the regulation of the 
        military department of the United States of explosive 
        materials for, or their distribution to or storage or 
        possession by the military or naval services or other 
        agencies of the United States; or to arsenals, navy 
        yards, depots, or other establishments owned by, or 
        operated by or on behalf of, the United States.
  (b)(1) A person who is prohibited from shipping, 
transporting, receiving, or possessing any explosive under 
section 842(i) may apply to the Secretary for relief from such 
prohibition.
  (2) The Secretary may grant the relief requested under 
paragraph (1) if the Secretary determines that the 
circumstances regarding the applicability of section 842(i), 
and the applicant's record and reputation, are such that the 
applicant will not be likely to act in a manner dangerous to 
public safety and that the granting of such relief is not 
contrary to the public interest.
  (3) A licensee or permittee who applies for relief, under 
this subsection, from the disabilities incurred under this 
chapter as a result of an indictment for or conviction of a 
crime punishable by imprisonment for a term exceeding 1 year 
shall not be barred by such disability from further operations 
under the license or permit pending final action on an 
application for relief filed pursuant to this section.
  (c) It is an affirmative defense against any proceeding 
involving subsections (l) through (o) of section 842 if the 
proponent proves by a preponderance of the evidence that the 
plastic explosive--
          (1) consisted of a small amount of plastic explosive 
        intended for and utilized solely in lawful--
                  (A) research, development, or testing of new 
                or modified explosive materials;
                  (B) training in explosives detection or 
                development or testing of explosives detection 
                equipment; or
                  (C) forensic science purposes; or
          (2) was plastic explosive that, within 3 years after 
        the date of enactment of the Antiterrorism and 
        Effective Death Penalty Act of 1996, will be or is 
        incorporated in a military device within the territory 
        of the United States and remains an integral part of 
        such military device, or is intended to be, or is 
        incorporated in, and remains an integral part of a 
        military device that is intended to become, or has 
        become, the property of any agency of the United States 
        performing military or police functions (including any 
        military reserve component) or the National Guard of 
        any State, wherever such device is located.
          (3) For purposes of this subsection, the term 
        ``military device'' includes, but is not restricted to, 
        shells, bombs, projectiles, mines, missiles, rockets, 
        shaped charges, grenades, perforators, and similar 
        devices lawfully manufactured exclusively for military 
        or police purposes.

                             * * * * * * *

                      PART II--CRIMINAL PROCEDURE

                   CHAPTER 203. ARREST AND COMMITMENT

                             * * * * * * *

Sec. 3064. Powers of Federal Motor Carrier Safety Administration

  Authorized employees of the Federal Motor Carrier Safety 
Administration may direct a driver of a commercial motor 
vehicle, as defined in 49 U.S.C. 31132(1), to stop for 
inspection of the vehicle, driver, cargo, and required records 
at or in the vicinity of an inspection site.

            CHAPTER 232. MISCELLANEOUS SENTENCING PROVISIONS

Sec. 3663. Order of restitution

  (a)(1)(A) The court, when sentencing a defendant convicted of 
an offense under this title, section 401, 408(a), 409, 416, 
420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 
848(a), 849, 856, 861, 863)(but in no case shall a participant 
in an offense under such sections be considered a victim of 
such offense under this section), or section 5124, 46312, 
46502, or 46504 of title 49, other than an offense described in 
section 3663A(c), may order, in addition to or, in the case of 
a misdemeanor, in lieu of any other penalty authorized by law, 
that the defendant make restitution to any victim of such 
offense, or if the victim is deceased, to the victim's estate. 
The court may also order, if agreed to by the parties in a plea 
agreement, restitution to persons other than the victim of the 
offense.
                  (B)(i) The court, in determining whether to 
                order restitution under this section, shall 
                consider--
                          (I) the amount of the loss sustained 
                        by each victim as a result of the 
                        offense; and
                          (II) the financial resources of the 
                        defendant, the financial needs and 
                        earning ability of the defendant and 
                        the defendant's dependents, and such 
                        other factors as the court deems 
                        appropriate.
                  (ii) To the extent that the court determines 
                that the complication and prolongation of the 
                sentencing process resulting from the 
                fashioning of an order of restitution under 
                this section outweighs the need to provide 
                restitution to any victims, the court may 
                decline to make such an order.
          (2) For the purposes of this section, the term 
        ``victim'' means a person directly and proximately 
        harmed as a result of the commission of an offense for 
        which restitution may be ordered including, in the case 
        of an offense that involves as an element a scheme, 
        conspiracy, or pattern of criminal activity, any person 
        directly harmed by the defendant's criminal conduct in 
        the course of the scheme, conspiracy, or pattern. In 
        the case of a victim who is under 18 years of age, 
        incompetent, incapacitated, or deceased, the legal 
        guardian of the victim or representative of the 
        victim's estate, another family member, or any other 
        person appointed as suitable by the court, may assume 
        the victim's rights under this section, but in no event 
        shall the defendant be named as such representative or 
        guardian.
          (3) The court may also order restitution in any 
        criminal case to the extent agreed to by the parties in 
        a plea agreement.
  (b) The order may require that such defendant--
          (1) in the case of an offense resulting in damage to 
        or loss or destruction of property of a victim of the 
        offense--
                  (A) return the property to the owner of the 
                property or someone designated by the owner; or
                  (B) if return of the property under 
                subparagraph (A) is impossible, impractical, or 
                inadequate, pay an amount equal to the greater 
                of--
                          (i) the value of the property on the 
                        date of the damage, loss, or 
                        destruction, or
                          (ii) the value of the property on the 
                        date of sentencing, less the value (as 
                        of the date the property is returned) 
                        of any part of the property that is 
                        returned;
          (2) in the case of an offense resulting in bodily 
        injury to a victim including an offense under chapter 
        109A or chapter 110--
                  (A) pay an amount equal to the cost of 
                necessary medical and related professional 
                services and devices relating to physical, 
                psychiatric, and psychological care, including 
                nonmedical care and treatment rendered in 
                accordance with a method of healing recognized 
                by the law of the place of treatment;
                  (B) pay an amount equal to the cost of 
                necessary physical and occupational therapy and 
                rehabilitation; and
                  (C) reimburse the victim for income lost by 
                such victim as a result of such offense;
          (3) in the case of an offense resulting in bodily 
        injury also results in the death of a victim, pay an 
        amount equal to the cost of necessary funeral and 
        related services;
          (4) in any case, reimburse the victim for lost income 
        and necessary child care, transportation, and other 
        expenses related to participation in the investigation 
        or prosecution of the offense or attendance at 
        proceedings related to the offense; and
          (5) in any case, if the victim (or if the victim is 
        deceased, the victim's estate) consents, make 
        restitution in services in lieu of money, or make 
        restitution to a person or organization designated by 
        the victim or the estate.
  (c)(1) Notwithstanding any other provision of law (but 
subject to the provisions of subsections (a)(1)(B)(i)(II) and 
(ii)), when sentencing a defendant convicted of an offense 
described in section 401, 408(a), 409, 416, 420, or 422(a) of 
the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 
861, 863), in which there is no identifiable victim, the court 
may order that the defendant make restitution in accordance 
with this subsection.
  (2)(A) An order of restitution under this subsection shall be 
based on the amount of public harm caused by the offense, as 
determined by the court in accordance with guidelines 
promulgated by the United States Sentencing Commission.
  (B) In no case shall the amount of restitution ordered under 
this subsection exceed the amount of the fine which may be 
ordered for the offense charged in the case.
  (3) Restitution under this subsection shall be distributed as 
follows:
          (A) 65 percent of the total amount of restitution 
        shall be paid to the State entity designated to 
        administer crime victim assistance in the State in 
        which the crime occurred.
          (B) 35 percent of the total amount of restitution 
        shall be paid to the State entity designated to receive 
        Federal substance abuse block grant funds.
  (4) The court shall not make an award under this subsection 
if it appears likely that such award would interfere with a 
forfeiture under chapter 46 or chapter 96 of this title or 
under the Controlled Substances Act (21 U.S.C. 801 et seq.).
  (5) Notwithstanding section 3612(c) or any other provision of 
law, a penalty assessment under section 3013 or a fine under 
subchapter C of chapter 227 shall take precedence over an order 
of restitution under this subsection.
  (6) Requests for community restitution under this subsection 
may be considered in all plea agreements negotiated by the 
United States.
  (7)(A) The United States Sentencing Commission shall 
promulgate guidelines to assist courts in determining the 
amount of restitution that may be ordered under this 
subsection.
  (B) No restitution shall be ordered under this subsection 
until such time as the Sentencing Commission promulgates 
guidelines pursuant to this paragraph.
  (d) An order of restitution made pursuant to this section 
shall be issued and enforced in accordance with section 3664.

                  FEDERAL FOOD, DRUG, AND COSMETIC ACT

SEC. 301. PROHIBITED ACTS.

                            [21 U.S.C. 331]

  The following acts and the causing thereof are hereby 
prohibited:
          (a) The introduction or delivery for introduction 
        into interstate commerce of any food, drug, device, or 
        cosmetic that is adulterated or misbranded.
          (b) The adulteration or misbranding of any food, 
        drug, device, or cosmetic in interstate commerce.
          (c) The receipt in interstate commerce of any food, 
        drug, device, or cosmetic that is adulterated or 
        misbranded, and the delivery or proffered delivery 
        thereof for pay or otherwise.
          (d) The introduction or delivery for introduction 
        into interstate commerce of any article in violation of 
        section 404 or 505.
          (e) The refusal to permit access to or copying of any 
        record as required by section 412, 414, 416, 504, 703, 
        or 704(a); or the failure to establish or maintain any 
        record, or make any report, required under section 412, 
        414(b), 416, 504, 505(i) or (k), 512(a)(4)(C), 512(j), 
        (l), or (m), 515(f), or 519 or the refusal to permit 
        access to or verification or copying of any such 
        required record.
          (f) The refusal to permit entry or inspection as 
        authorized by section 704.
          (g) The manufacture, within any Territory of any 
        food, drug, device, or cosmetic that is adulterated or 
        misbranded.
          (h) The giving of a guaranty or undertaking referred 
        to in section 303(c)(2), which guaranty or undertaking 
        is false, except by a person who relied upon a guaranty 
        or undertaking to the same effect signed by, containing 
        the name and address of, the person residing in the 
        United States from whom he received in good faith the 
        food, drug, device, or cosmetic; or the giving of a 
        guaranty or undertaking referred to in section 
        303(c)(3), which guaranty or undertaking is false.
          (i)(1) Forging, counterfeiting, simulating, or 
        falsely representing, or without proper authority using 
        any mark, stamp, tag, label, or other identification 
        device authorized or required by regulations 
        promulgated under the provisions of section 404 or 721.
          (2) Making, selling, disposing of, or keeping in 
        possession, control, or custody, or concealing any 
        punch, die, plate, stone, or other thing designed to 
        print, imprint, or reproduce the trademark, trade name, 
        or other identifying mark, imprint, or device of 
        another or any likeness of any of the foregoing upon 
        any drug or container or labeling thereof so as to 
        render such drug a counterfeit drug.
          (3) The doing of any act which causes a drug to be a 
        counterfeit drug, or the sale or dispensing, or the 
        holding for sale or dispensing, of a counterfeit drug.
          (j) The using by any person to his own advantage or 
        revealing, other than to the Secretary or officers or 
        employees of the Department, or to the courts when 
        relevant in any judicial proceeding under this Act, any 
        information acquired under authority of section 404, 
        409, 412, 414, 505, 510, 512, 513, 514, 515, 516, 518, 
        519, 520, 704, 708 or 721, concerning any method or 
        process which as a trade secret is entitled to 
        protection; or the violating of section 408(i)(2) or 
        any regulation issued under that section. This 
        paragraph does not authorize the withholding of 
        information from either House of Congress or from, to 
        the extent of matter within its jurisdiction, any 
        committee or subcommittee of such committee or any 
        joint committee of Congress or any subcommittee of such 
        joint committee.
          (k) The alteration, mutilation, destruction, 
        obliteration, or removal of the whole or any part of 
        the labeling of, or the doing of any other act with 
        respect to, a food, drug, device, or cosmetic, if such 
        act is done while such article is held for sale 
        (whether or not the first sale) after shipment in 
        interstate commerce and results in such article being 
        adulterated or misbranded.
          (m) The sale or offering for sale of colored 
        oleomargarine or colored margarine, or the possession 
        or serving of colored oleomargarine or colored 
        margarine in violation of sections 407(b), or 407(c).
          (n) The using, in labeling, advertising or other 
        sales promotion of any reference to any report or 
        analysis furnished in compliance with section 704.
          (o) In the case of a prescription drug distributed or 
        offered for sale in interstate commerce, the failure of 
        the manufacturer, packer, or distributor thereof to 
        maintain for transmittal, or to transmit, to any 
        practitioner licensed by applicable State law to 
        administer such drug who makes written request for 
        information as to such drug, true and correct copies of 
        all printed matter which is required to be included in 
        any package in which that drug is distributed or sold, 
        or such other printed matter as is approved by the 
        Secretary. Nothing in this paragraph shall be construed 
        to exempt any person from any labeling requirement 
        imposed by or under other provisions of this Act.
          (p) The failure to register in accordance with 
        section 510, the failure to provide any information 
        required by section 510(j) or 510k,, or the failure to 
        provide a notice required by section 510(j)(2).
          (q)(1) The failure or refusal to (A) comply with any 
        requirement prescribed under section 518 or 520(g), (B) 
        furnish any notification or other material or 
        information required by or under section 519 or 520(g), 
        or (C) comply with a requirement under section 522.
          (2) With respect to any device, the submission of any 
        report that is required by or under this Act that is 
        false or misleading in any material respect.
          (r) The movement of a device in violation of an order 
        under section 304(g) or the removal or alteration of 
        any mark or label required by the order to identify the 
        device as detained.
          (s) The failure to provide the notice required by 
        section 412(c) or 412(e), the failure to make the 
        reports required by section 412(f)(1)(B), the failure 
        to retain the records required by section 412(b)(4), or 
        the failure to meet the requirements prescribed under 
        section 412(f)(3).
          (t) The importation of a drug in violation of section 
        801(d)(1), the sale, purchase, or trade of a drug or 
        drug sample or the offer to sell, purchase, or trade a 
        drug or drug sample in violation of section 503(c), the 
        sale, purchase, or trade of a coupon, the offer to 
        sell, purchase, or trade such a coupon, or the 
        counterfeiting of such a coupon in violation of section 
        503(c)(2), the distribution of a drug sample in 
        violation of section 503(d), or the failure to 
        otherwise comply with the requirements of section 
        503(d), or the distribution of drugs in violation of 
        section 503(e) or the failure to otherwise comply with 
        the requirements of section 503(e).
          (u) The failure to comply with any requirements of 
        the provisions of, or any regulations or orders of the 
        Secretary, under section 512(a)(4)(A), 512(a)(4)(D), or 
        512(a)(5).
          (v) The introduction or delivery for introduction 
        into interstate commerce of a dietary supplement that 
        is unsafe under section 413.
          (w) The making of a knowingly false statement in any 
        statement, certificate of analysis, record, or report 
        required or requested under section 801(d)(3); the 
        failure to submit a certificate of analysis as required 
        under such section; the failure to maintain records or 
        to submit records or reports as required by such 
        section; the release into interstate commerce of any 
        article or portion thereof imported into the United 
        States under such section or any finished product made 
        from such article or portion, except for export in 
        accordance with section 801(e) or 802, or with section 
        351(h) of the Public Health Service Act; or the failure 
        to so export or to destroy such an article or portions 
        thereof, or such a finished product.
          (x) The falsification of a declaration of conformity 
        submitted under section 514(c) or the failure or 
        refusal to provide data or information requested by the 
        Secretary under paragraph (3) of such section.
          (y) In the case of a drug, device, or food--
                  (1) the submission of a report or 
                recommendation by a person accredited under 
                section 523 that is false or misleading in any 
                material respect;
                  (2) the disclosure by a person accredited 
                under section 523 of confidential commercial 
                information or any trade secret without the 
                express written consent of the person who 
                submitted such information or secret to such 
                person; or
                  (3) the receipt by a person accredited under 
                section 523 of a bribe in any form or the doing 
                of any corrupt act by such person associated 
                with a responsibility delegated to such person 
                under this Act.
          (z) The dissemination of information in violation of 
        section 551.
          (aa) The importation of a covered product in 
        violation of section 804, the falsification of any 
        record required to be maintained or provided to the 
        Secretary under such section, or any other violation of 
        regulations under such section.
          (bb) The transfer of an article of food in violation 
        of an order under section 304(h), or the removal or 
        alteration of any mark or label required by the order 
        to identify the article as detained.
          (cc) The importing or offering for import into the 
        United States of an article of food by, with the 
        assistance of, or at the direction of, a person 
        debarred under section 306(b)(3).
          (dd) The failure to register in accordance with 
        section 415.
          (ee) The importing or offering for import into the 
        United States of an article of food in violation of the 
        requirements under section 801(m).
          (ff) The importing or offering for import into the 
        United States of a drug or device with respect to which 
        there is a failure to comply with a request of the 
        Secretary to submit to the Secretary a statement under 
        section 801(o).
          (gg) The knowing failure of a person accredited under 
        paragraph (2) of section 704(g) to comply with 
        paragraph (7)(E) of such section; the knowing inclusion 
        by such a person of false information in an inspection 
        report under paragraph (7)(A) of such section; or the 
        knowing failure of such a person to include material 
        facts in such a report.
          (hh) Noncompliance With Sanitary Transportation 
        Practices.--The failure by a shipper, carrier by motor 
        vehicle or rail vehicle, receiver, or any other person 
        engaged in the transportation of food to comply with 
        the sanitary transportation practices prescribed by the 
        Secretary under section 416.

                             * * * * * * *

SEC. 402. ADULTERATED FOOD.

                            [21 U.S.C. 342]

  A food shall be deemed to be adulterated--
          (a) Poisonous, insanitary, or deleterious 
        ingredients.--
                  (1) If it bears or contains any poisonous or 
                deleterious substance which may render it 
                injurious to health; but in case the substance 
                is not an added substance such food shall not 
                be considered adulterated under this clause if 
                the quantity of such substance in such food 
                does not ordinarily render it injurious to 
                health; or
                  (2)(A) if it bears or contains any added 
                poisonous or added deleterious substance (other 
                than a substance that is a pesticide chemical 
                residue in or on a raw agricultural commodity 
                or processed food, a food additive, a color 
                additive, or a new animal drug) that is unsafe 
                within the meaning of section 406; or
                  (B) if it bears or contains a pesticide 
                chemical residue that is unsafe within the 
                meaning of section 408(a); or
                  (C) if it is or if it bears or contains (i) 
                any food additive that is unsafe within the 
                meaning of section 409; or (ii) a new animal 
                drug (or conversion product thereof) that is 
                unsafe within the meaning of section 512; or
                  (3) if it consists in whole or in part of any 
                filthy, putrid, or decomposed substances, or if 
                it is otherwise unfit for food; or
                  (4) if it has been prepared, packed, or held 
                under insanitary conditions whereby it may have 
                become contaminated with filth, or whereby it 
                may have been rendered injurious to health; or
                  (5) if it is, in whole or in part, the 
                product of a diseased animal or of an animal 
                which has died otherwise than by slaughter; or
                  (6) if its container is composed, in whole or 
                in part, of any poisonous or deleterious 
                substance which may render the contents 
                injurious to health; or
                  (7) if it has been intentionally subjected to 
                radiation, unless the use of the radiation was 
                in conformity with a regulation or exemption in 
                effect pursuant to section 409.
          (b) Absence, substitution, or addition of 
        constituents.--
                  (1) If any valuable constituent has been in 
                whole or in part omitted or abstracted 
                therefrom; or
                  (2) if any substance has been substituted 
                wholly or in part therefor; or
                  (3) if damage or inferiority has been 
                concealed in any manner; or
                  (4) if any substance has been added thereto 
                or mixed or packed therewith so as to increase 
                its bulk or weight, or reduce its quality or 
                strength, or make it appear better or of 
                greater value than it is.
          (c) Color additives.--If it is, or it bears or 
        contains, a color additive which is unsafe within the 
        meaning of section 721(a).
          (d) Confectionery containing alcohol or nonnutritive 
        substance.--If it is confectionery, and--
                  (1) has partially or completely imbedded 
                therein any nonnutritive object, except that 
                this subparagraph shall not apply in the case 
                of any nonnutritive object if, in the judgment 
                of the Secretary as provided by regulations, 
                such object is of practical functional value to 
                the confectionery product and would not render 
                the product injurious or hazardous to health;
                  (2) bears or contains any alcohol other than 
                alcohol not in excess of one-half of 1 per 
                centum by volume derived solely from the use of 
                flavoring extracts, except that this clause 
                shall not apply to confectionery which is 
                introduced or delivered for introduction into, 
                or received or held for sale in, interstate 
                commerce if the sale of such confectionery is 
                permitted under the laws of the State in which 
                such confectionery is intended to be offered 
                for sale; or
                  (3) bears or contains any nonnutritive 
                substance, except that this subparagraph shall 
                not apply to a safe nonnutritive substance 
                which is in or on confectionery by reason of 
                its use for some practical functional purpose 
                in the manufacture, packaging, or storage of 
                such confectionery if the use of the substance 
                does not promote deception of the consumer or 
                otherwise result in adulteration or misbranding 
                in violation of any provision of this Act, 
                except that the Secretary may, for the purpose 
                of avoiding or resolving uncertainty as to the 
                application of this subparagraph, issue 
                regulations allowing or prohibiting the use of 
                particular nonnutritive substances.
          (e) Oleomargarine containing filthy, putrid, etc., 
        matter.--If it is oleomargarine or margarine or butter 
        and any of the raw material used therein consisted in 
        whole or in part of any filthy, putrid, or decomposed 
        substance, or such oleomargarine or margarine or butter 
        is otherwise unfit for food.
          (f) Safety of dietary supplements and burden of proof 
        on FDA.--
                  (1) If it is a dietary supplement or contains 
                a dietary ingredient that--
                          (A) presents a significant or 
                        unreasonable risk of illness or injury 
                        under--
                                  (i) conditions of use 
                                recommended or suggested in 
                                labeling, or
                                  (ii) if no conditions of use 
                                are suggested or recommended in 
                                the labeling, under ordinary 
                                conditions of use;
                          (B) is a new dietary ingredient for 
                        which there is inadequate information 
                        to provide reasonable assurance that 
                        such ingredient does not present a 
                        significant or unreasonable risk of 
                        illness or injury;
                          (C) the Secretary declares to pose an 
                        imminent hazard to public health or 
                        safety, except that the authority to 
                        make such declaration shall not be 
                        delegated and the Secretary shall 
                        promptly after such a declaration 
                        initiate a proceeding in accordance 
                        with sections 554 and 556 of title 5, 
                        United States Code, to affirm or 
                        withdraw the declaration; or
                          (D) is or contains a dietary 
                        ingredient that renders it adulterated 
                        under paragraph (a)(1) under the 
                        conditions of use recommended or 
                        suggested in the labeling of such 
                        dietary supplement. In any proceeding 
                        under this subparagraph, the United 
                        States shall bear the burden of proof 
                        on each element to show that a dietary 
                        supplement is adulterated. The court 
                        shall decide any issue under this 
                        paragraph on a de novo basis.
                  (2) Before the Secretary may report to a 
                United States attorney a violation of paragraph 
                (1)(A) for a civil proceeding, the person 
                against whom such proceeding would be initiated 
                shall be given appropriate notice and the 
                opportunity to present views, orally and in 
                writing, at least 10 days before such notice, 
                with regard to such proceeding.
          (g) Good manufacturing practices.--
                  (1) If it is a dietary supplement and it has 
                been prepared, packed, or held under conditions 
                that do not meet current good manufacturing 
                practice regulations, including regulations 
                requiring, when necessary, expiration date 
                labeling, issued by the Secretary under 
                subparagraph (2).
                  (2) The Secretary may by regulation prescribe 
                good manufacturing practices for dietary 
                supplements. Such regulations shall be modeled 
                after current good manufacturing practice 
                regulations for food and may not impose 
                standards for which there is no current and 
                generally available analytical methodology. No 
                standard of current good manufacturing practice 
                may be imposed unless such standard is included 
                in a regulation promulgated after notice and 
                opportunity for comment in accordance with 
                chapter 5 of title 5, United States Code.
          (h) If it is an article of food imported or offered 
        for import into the United States and the article of 
        food has previously been refused admission under 
        section 801(a), unless the person reoffering the 
        article affirmatively establishes, at the expense of 
        the owner or consignee of the article, that the article 
        complies with the applicable requirements of this Act, 
        as determined by the Secretary.
          (i) Noncompliance With Sanitary Transportation 
        Practices.--If the food is transported under conditions 
        that are not in compliance with the sanitary 
        transportation practices prescribed by the Secretary 
        under section 416.

                             * * * * * * *

SEC. 416. SANITARY TRANSPORTATION PRACTICES.

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

                             * * * * * * *

[SEC. 703. RECORDS OF INTERSTATE SHIPMENT.

                            [21 U.S.C. 373]

SEC. 703. RECORDS.

  [For the purpose] (a) In General._For the purpose of 
enforcing the provisions of this Act, carriers engaged in 
interstate commerce, and persons receiving food, drugs, 
devices, or cosmetics in interstate commerce or holding such 
articles so received, shall, upon the request of an officer or 
employee duly designated by the Secretary, permit such officer 
or employee, at reasonable times, to have access to and to copy 
all records showing the movement in interstate commerce of any 
food, drug, device, or cosmetic, or the holding thereof during 
or after such movement, and the quantity, shipper, and 
consignee thereof; and it shall be unlawful for any such 
carrier or person to fail to permit such access to and copying 
of any such record so requested when such request is 
accompanied by a statement in writing specifying the nature or 
kind of food, drug, device, or cosmetic to which such request 
relates, except that evidence obtained under this section, or 
any evidence which is directly or indirectly derived from such 
evidence, shall not be used in a criminal prosecution of the 
person from whom obtained, and except that carriers shall not 
be subject to the other provisions of this Act by reason of 
their receipt, carriage, holding, or delivery of food, drugs, 
devices, or cosmetics in the usual course of business as 
[carriers.] carriers, except as provided in subsection (b).
  (b) Food Transportation Records.--A shipper, carrier by motor 
vehicle or rail vehicle, receiver, or other person subject to 
section 416 shall, on request of an officer or employee 
designated by the Secretary, permit the officer or employee, at 
reasonable times, to have access to and to copy all records 
that the Secretary requires to be kept under section 
416(c)(1)(E).

                           TITLE 23. HIGHWAYS

                    CHAPTER 1. FEDERAL-AID HIGHWAYS

                    SUBCHAPTER I. GENERAL PROVISIONS

Sec. 104. Apportionment

  (a) Administrative expenses.--
          (1) In general.--Whenever an apportionment is made of 
        the sums made available for expenditure on each of the 
        surface transportation program under section 133, the 
        bridge program under section 144, the congestion 
        mitigation and air quality improvement program under 
        section 149, the Interstate and National Highway System 
        program, the minimum guarantee program under section 
        105, the Federal lands highway program under section 
        204, or the Appalachian development highway system 
        program under section 201 of the Appalachian Regional 
        Development Act of 1965 (40 U.S.C. App.), the Secretary 
        shall deduct a sum, in an amount not to [exceed--
                  (A) 1 \1/6\ percent of all sums so made 
                available, as the Secretary determines 
                necessary--]
        exceed 1\1/6\ percent of all sums so made available, as 
        the Secretary determines necessary--
                  [(i)] (A) to administer the provisions of law 
                to be financed from appropriations for the 
                Federal-aid highway program and programs 
                authorized under chapter 2; and
                  [(ii)] (B) to make transfers of such sums as 
                the Secretary determines to be appropriate to 
                the Appalachian Regional Commission for 
                administrative activities associated with the 
                Appalachian development highway [system; and] 
                system.
                  [(B) one-third of 1 percent of all sums so 
                made available, as the Secretary determines 
                necessary, to administer the provisions of law 
                to be financed from appropriations for motor 
                carrier safety programs and motor carrier 
                safety research.]
          (2) Consideration of unobligated balances.--In making 
        the determination described in paragraph (1), the 
        Secretary shall take into account the unobligated 
        balance of any sums deducted under this subsection in 
        prior fiscal years.
          (3) Availability.--The sum deducted under paragraph 
        (1) shall remain available until expended.
          (4) Limitation on transferability.--Unless expressly 
        authorized by law, the Secretary may not transfer any 
        sums deducted under paragraph (1) to a Federal agency 
        or entity other than the Federal Highway Administration 
        and the Federal Motor Carrier Safety Administration.
  (b) Apportionments.--On October 1 of each fiscal year, the 
Secretary, after making the deduction authorized by subsection 
(a) and the set-aside authorized by subsection (f), shall 
apportion the remainder of the sums authorized to be 
appropriated for expenditure on the Interstate and National 
Highway System program, the Congestion Mitigation and Air 
Quality Improvement program, and the Surface Transportation 
program for that fiscal year, among the several States in the 
following manner:
          (1) National Highway System component.--
                  (A) In general.--For the National Highway 
                System (excluding funds apportioned under 
                paragraph (4)), $36,400,000 for each fiscal 
                year to the Virgin Islands, Guam, American 
                Samoa, and the Commonwealth of Northern Mariana 
                Islands, $18,800,000 for each of fiscal years 
                1998 through 2002 for the Alaska Highway, and 
                the remainder apportioned as follows:
                          (i) 25 percent in the ratio that--
                                  (I) the total lane miles of 
                                principal arterial routes 
                                (excluding Interstate System 
                                routes) in each State; bears to
                                  (II) the total lane miles of 
                                principal arterial routes 
                                (excluding Interstate System 
                                routes) in all States.
                          (ii) 35 percent in the ratio that--
                                  (I) the total vehicle miles 
                                traveled on lanes on principal 
                                arterial routes (excluding 
                                Interstate System routes) in 
                                each State; bears to
                                  (II) the total vehicle miles 
                                traveled on lanes on principal 
                                arterial routes (excluding 
                                Interstate System routes) in 
                                all States.
                          (iii) 30 percent in the ratio that--
                                  (I) the total diesel fuel 
                                used on highways in each State; 
                                bears to
                                  (II) the total diesel fuel 
                                used on highways in all States.
                          (iv) 10 percent in the ratio that--
                                  (I) the quotient obtained by 
                                dividing the total lane miles 
                                on principal arterial highways 
                                in each State by the total 
                                population of the State; bears 
                                to
                                  (II) the quotient obtained by 
                                dividing the total lane miles 
                                on principal arterial highways 
                                in all States by the total 
                                population of all States.
                  (B) Minimum apportionment.--Notwithstanding 
                subparagraph (A) and paragraph (4), each State 
                shall receive a minimum of 1/2 of 1 percent of 
                the funds apportioned under subparagraph (A) 
                and paragraph (4).
          (2) Congestion mitigation and air quality improvement 
        program.--
                  (A) In general.--For the congestion 
                mitigation and air quality improvement program, 
                in the ratio that--
                          (i) the total of all weighted 
                        nonattainment and maintenance area 
                        populations in each State; bears to
                          (ii) the total of all weighted 
                        nonattainment and maintenance area 
                        populations in all States.
                  (B) Calculation of weighted nonattainment and 
                maintenance area population.--Subject to 
                subparagraph (C), for the purpose of 
                subparagraph (A), the weighted nonattainment 
                and maintenance area population shall be 
                calculated by multiplying the population of 
                each area in a State that was a nonattainment 
                area or maintenance area as described in 
                section 149(b) for ozone or carbon monoxide by 
                a factor of--
                          (i) 0.8 if--
                                  (I) at the time of the 
                                apportionment, the area is a 
                                maintenance area; or
                                  (II) at the time of the 
                                apportionment, the area is 
                                classified as a submarginal 
                                ozone nonattainment area under 
                                the Clean Air Act (42 U.S.C. 
                                7401 et seq.);
                          (ii) 1.0 if, at the time of the 
                        apportionment, the area is classified 
                        as a marginal ozone nonattainment area 
                        under subpart 2 of part D of title I of 
                        the Clean Air Act (42 U.S.C. 7511 et 
                        seq.);
                          (iii) 1.1 if, at the time of the 
                        apportionment, the area is classified 
                        as a moderate ozone nonattainment area 
                        under such subpart;
                          (iv) 1.2 if, at the time of the 
                        apportionment, the area is classified 
                        as a serious ozone nonattainment area 
                        under such subpart;
                          (v) 1.3 if, at the time of the 
                        apportionment, the area is classified 
                        as a severe ozone nonattainment area 
                        under such subpart;
                          (vi) 1.4 if, at the time of the 
                        apportionment, the area is classified 
                        as an extreme ozone nonattainment area 
                        under such subpart; or
                          (vii) 1.0 if, at the time of the 
                        apportionment, the area is not a 
                        nonattainment or maintenance area as 
                        described in section 149(b) for ozone, 
                        but is classified under subpart 3 of 
                        part D of title I of such Act (42 
                        U.S.C. 7512 et seq.) as a nonattainment 
                        area described in section 149(b) for 
                        carbon monoxide.
                  (C) Additional adjustment for carbon monoxide 
                areas.--
                          (i) Carbon monoxide nonattainment 
                        areas.--If, in addition to being 
                        classified as a nonattainment or 
                        maintenance area for ozone, the area 
                        was also classified under subpart 3 of 
                        part D of title I of such Act (42 
                        U.S.C. 7512 et seq.) as a nonattainment 
                        area described in section 149(b) for 
                        carbon monoxide, the weighted 
                        nonattainment or maintenance area 
                        population of the area, as determined 
                        under clauses (i) through (vi) of 
                        subparagraph (B), shall be further 
                        multiplied by a factor of 1.2.
                          (ii) Carbon monoxide maintenance 
                        areas.--If, in addition to being 
                        classified as a nonattainment or 
                        maintenance area for ozone, the area 
                        was at one time also classified under 
                        subpart 3 of part D of title I of such 
                        Act (42 U.S.C. 7512 et seq.) as a 
                        nonattainment area described in section 
                        149(b) for carbon monoxide but has been 
                        redesignated as a maintenance area, the 
                        weighted nonattainment or maintenance 
                        area population of the area, as 
                        determined under clauses (i) through 
                        (vi) of subparagraph (B), shall be 
                        further multiplied by a factor of 1.1.
                  (D) Minimum apportionment.--Notwithstanding 
                any other provision of this paragraph, each 
                State shall receive a minimum of 1/2 of 1 
                percent of the funds apportioned under this 
                paragraph.
                  (E) Determinations of population.--In 
                determining population figures for the purposes 
                of this paragraph, the Secretary shall use the 
                latest available annual estimates prepared by 
                the Secretary of Commerce.
          (3) Surface transportation program.--
                  (A) In general.--For the surface 
                transportation program, in accordance with the 
                following formula:
                          (i) 25 percent of the apportionments 
                        in the ratio that--
                                  (I) the total lane miles of 
                                Federal-aid highways in each 
                                State; bears to
                                  (II) the total lane miles of 
                                Federal-aid highways in all 
                                States.
                          (ii) 40 percent of the apportionments 
                        in the ratio that--
                                  (I) the total vehicle miles 
                                traveled on lanes on Federal-
                                aid highways in each State; 
                                bears to
                                  (II) the total vehicle miles 
                                traveled on lanes on Federal-
                                aid highways in all States.
                          (iii) 35 percent of the 
                        apportionments in the ratio that--
                                  (I) the estimated tax 
                                payments attributable to 
                                highway users in each State 
                                paid into the Highway Trust 
                                Fund (other than the Mass 
                                Transit Account) in the latest 
                                fiscal year for which data are 
                                available; bears to
                                  (II) the estimated tax 
                                payments attributable to 
                                highway users in all States 
                                paid into the Highway Trust 
                                Fund (other than the Mass 
                                Transit Account) in the latest 
                                fiscal year for which data are 
                                available.
                  (B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), each State shall receive a 
                minimum of 1/2 of 1 percent of the funds 
                apportioned under this paragraph.
          (4) Interstate maintenance component.--For 
        resurfacing, restoring, rehabilitating, and 
        reconstructing the Interstate System--
                  (A) 33 1/3 percent in the ratio that--
                          (i) the total lane miles on 
                        Interstate System routes open to 
                        traffic in each State; bears to
                          (ii) the total of all such lane miles 
                        in all States;
                  (B) 33 1/3 percent in the ratio that--
                          (i) the total vehicle miles traveled 
                        on Interstate System routes open to 
                        traffic in each State; bears to
                          (ii) the total of all such vehicle 
                        miles traveled in all States; and
                  (C) 33 1/3 percent in the ratio that--
                          (i) the total of each State's annual 
                        contributions to the Highway Trust Fund 
                        (other than the Mass Transit Account) 
                        attributable to commercial vehicles; 
                        bears to
                          (ii) the total of such annual 
                        contributions by all States.
  (c) Transferability of NHS Apportionments.--A State may 
transfer not to exceed 50 percent of the State's apportionment 
under subsection (b)(1) to the apportionment of the State under 
subsection (b)(3). A State may transfer not to exceed 100 
percent of the State's apportionment under subsection (b)(1) to 
the apportionment of the State under subsection (b)(3) if the 
State requests to make such transfer and the Secretary approves 
such transfer as being in the public interest, after providing 
notice and sufficient opportunity for public comment. Section 
133(d) shall not apply to funds transferred under this 
subsection.
  (d) Operation lifesaver and high speed rail corridors.--
          (1) Operation lifesaver.--Before making an 
        apportionment under subsection (b)(3) of this section 
        for a fiscal year, the Secretary shall set aside 
        $500,000 for such fiscal year for carrying out a public 
        information and education program to help prevent and 
        reduce motor vehicle accidents, injuries, and 
        fatalities and to improve driver performance at 
        railway-highway crossings.
          (2) Railway-highway crossing hazard elimination in 
        high speed rail corridors.--
                  (A) In general.--Before making an 
                apportionment of funds under subsection (b)(3) 
                for a fiscal year, the Secretary shall set 
                aside $5,250,000 of the funds made available 
                for the surface transportation program for the 
                fiscal year for elimination of hazards of 
                railway-highway crossings.
                  (B) Eligible corridors.--Subject to 
                subparagraph (E), funds made available under 
                subparagraph (A) shall be expended for projects 
                in--
                          (i) 5 railway corridors selected by 
                        the Secretary in accordance with this 
                        subsection (as in effect on the day 
                        before the date of enactment of this 
                        clause);
                          (ii) 3 railway corridors selected by 
                        the Secretary in accordance with 
                        subparagraphs (C) and (D);
                          (iii) a Gulf Coast high speed railway 
                        corridor (as designated by the 
                        Secretary);
                          (iv) a Keystone high speed railway 
                        corridor from Philadelphia to 
                        Harrisburg, Pennsylvania; and
                          (v) an Empire State railway corridor 
                        from New York City to Albany to 
                        Buffalo, New York.
                  (C) Required inclusion of high speed rail 
                lines.--A corridor selected by the Secretary 
                under subparagraph (B) shall include rail lines 
                where railroad speeds of 90 miles or more per 
                hour are occurring or can reasonably be 
                expected to occur in the future.
                  (D) Considerations in corridor selection.--In 
                selecting corridors under subparagraph (B), the 
                Secretary shall consider--
                          (i) projected rail ridership volume 
                        in each corridor;
                          (ii) the percentage of each corridor 
                        over which a train will be capable of 
                        operating at its maximum cruise speed 
                        taking into account such factors as 
                        topography and other traffic on the 
                        line;
                          (iii) projected benefits to nonriders 
                        such as congestion relief on other 
                        modes of transportation serving each 
                        corridor (including congestion in 
                        heavily traveled air passenger 
                        corridors);
                          (iv) the amount of State and local 
                        financial support that can reasonably 
                        be anticipated for the improvement of 
                        the line and related facilities; and
                          (v) the cooperation of the owner of 
                        the right-of-way that can reasonably be 
                        expected in the operation of high speed 
                        rail passenger service in each 
                        corridor.
                  (E) Certain improvements.--Not less than 
                $250,000 of such set-aside shall be available 
                per fiscal year for eligible improvements to 
                the Minneapolis/St. Paul-Chicago segment of the 
                Midwest High Speed Rail Corridor.
                  (F) Authorization of appropriations.--There 
                is authorized to be appropriated $15,000,000 
                for each of fiscal years 1999 through 2003 to 
                carry out this subsection.
  (e) Certification of apportionments.--
          (1) In general.--On October 1 of each fiscal year the 
        Secretary shall certify to each of the State 
        transportation departments the sums which he has 
        apportioned hereunder to each State for such fiscal 
        year, and also the sums which he has deducted for 
        administration pursuant to subsection (a) of this 
        section. To permit the States to develop adequate plans 
        for the utilization of apportioned sums, the Secretary 
        shall advise each State of the amount that will be 
        apportioned each year under this section not later than 
        ninety days before the beginning of the fiscal year for 
        which the sums to be apportioned are authorized, except 
        that in the case of the Interstate System the Secretary 
        shall advise each State ninety days prior to the 
        apportionment of such funds.
          (2) Notice to States.--If the Secretary has not made 
        an apportionment under section 104, 105, or 144 by the 
        21st day of a fiscal year beginning after September 30, 
        1998, the Secretary shall transmit, by such 21st day, 
        to the Committeee on Transportation and Infrastructure 
        of the House of Representatives and the Committeee on 
        Environment and Public Works of the Senate a written 
        statement of the reason for not making such 
        apportionment in a timely manner.
  (f) Metropolitan planning.--
          (1) Set-aside.--On October 1 of each fiscal year, the 
        Secretary, after making the deduction authorized by 
        subsection (a) of this section, shall set aside not to 
        exceed 1 percent of the remaining funds authorized to 
        be appropriated for expenditure upon programs 
        authorized under this title, for the purpose of 
        carrying out the requirements of section 134 of this 
        title, except that the amount from which such set aside 
        is made shall not include funds authorized to be 
        appropriated for the recreational trails program.
          (2) Apportionment to States of set-aside funds.--
        These funds shall be apportioned to the States in the 
        ratio which the population in urbanized areas or parts 
        thereof, in each State bears to the total population in 
        such urbanized areas in all the States as shown by the 
        latest available census, except that no State shall 
        receive less than one-half per centum of the amount 
        apportioned.
          (3) Use of funds.--The funds apportioned to any State 
        under paragraph (2) of this subsection shall be made 
        available by the State to the metropolitan planning 
        organizations responsible for carrying out the 
        provisions of section 134 of this title; except that 
        States receiving the minimum apportionment under 
        paragraph (2) may, in addition, subject to the approval 
        of the Secretary, use the funds apportioned to finance 
        transportation planning outside of urbanized areas. 
        These funds shall be matched in accordance with section 
        120(b) unless the Secretary determines that the 
        interests of the Federal-aid highway program would be 
        best served without such matching.
          (4) Distribution of funds within States.--The 
        distribution within any State of the planning funds 
        made available to agencies under paragraph (3) of this 
        subsection shall be in accordance with a formula 
        developed by each State and approved by the Secretary 
        which shall consider but not necessarily be limited to, 
        population, status of planning, attainment of air 
        quality standards, metropolitan area transportation 
        needs, and other factors necessary to provide for an 
        appropriate distribution of funds to carry out the 
        requirements of section 134 and other applicable 
        requirements of Federal law.
          (5) Determination of population figures.--For the 
        purposes of determining population figures under this 
        subsection, the Secretary shall use the most recent 
        estimate published by the Secretary of Commerce.
  (g) Not more than 40 per centum of the amount apportioned in 
any fiscal year to each State in accordance with sections 130, 
144, and 152 of this title, or section 203(d) of the Highway 
Safety Act of 1973, may be transferred from the apportionment 
under one section to the apportionment under any other of such 
sections if such a transfer is requested by the State 
transportation department and is approved by the Secretary as 
being in the public interest. The Secretary may approve the 
transfer of 100 per centum of the apportionment under one such 
section to the apportionment under any other of such sections 
if such transfer is requested by the State Highway department, 
and is approved by the Secretary as being in the public 
interest, if he has received satisfactory assurances from such 
State transportation department that the purposes of the 
program from which such funds are to be transferred have been 
met. A State may transfer not to exceed 50 percent of the 
State's apportionment under section 144 in any fiscal year to 
the apportionment of such State under subsection (b)(1) or 
subsection (b)(3) of this section. Any transfer to subsection 
(b)(3) shall not be subject to section 133(d). Nothing in this 
subsection authorizes the transfer of any amount apportioned 
from the Highway Trust Fund to any apportionment the funds for 
which were not from the Highway Trust Fund, and nothing in this 
subsection authorizes the transfer of any amount apportioned 
from funds not from the Highway Trust Fund to any apportionment 
the funds for which were from the Highway Trust Fund.
  (h) Recreational trails program.--
          (1) Administrative costs.--Whenever an apportionment 
        is made of the sums authorized to be appropriated to 
        carry out the recreational trails program under section 
        206, the Secretary shall deduct an amount, not to 
        exceed 1 1/2 percent of the sums authorized, to cover 
        the cost to the Secretary for administration of and 
        research and technical assistance under the 
        recreational trails program and for administration of 
        the National Recreational Trails Advisory Committeee. 
        The Secretary may enter into contracts with for-profit 
        organizations or contracts, partnerships, or 
        cooperative agreements with other government agencies, 
        institutions of higher learning, or nonprofit 
        organizations to perform these tasks.
          (2) Apportionment to the States.--After making the 
        deduction authorized by paragraph (1) of this 
        subsection, the Secretary shall apportion the remainder 
        of the sums authorized to be appropriated for 
        expenditure on the recreational trails program for each 
        fiscal year, among the States in the following manner:
                  (A) 50 percent of that amount shall be 
                apportioned equally among eligible States.
                  (B) 50 percent of that amount shall be 
                apportioned among eligible States in amounts 
                proportionate to the degree of non-highway 
                recreational fuel use in each of those States 
                during the preceding year.
          (3) Eligible State defined.--In this section, the 
        term ``eligible State'' means a State that meets the 
        requirements of section 206(c).
  (i) Audits of Highway Trust Fund.--From administrative funds 
deducted under subsection (a), the Secretary may reimburse the 
Office of Inspector General of the Department of Transportation 
for the conduct of annual audits of financial statements in 
accordance with section 3521 of title 31.
  (j) Report to Congress.--The Secretary shall submit to 
Congress a report for each fiscal year on--
          (1) the amount obligated, by each State, for Federal-
        aid highways and highway safety construction programs 
        during the preceding fiscal year;
          (2) the balance, as of the last day of the preceding 
        fiscal year, of the unobligated apportionment of each 
        State by fiscal year under this section and sections 
        105 and 144;
          (3) the balance of unobligated sums available for 
        expenditure at the discretion of the Secretary for such 
        highways and programs for the fiscal year; and
          (4) the rates of obligation of funds apportioned or 
        set aside under this section and sections 105, 133, and 
        144, according to--
                  (A) program;
                  (B) funding category or subcategory;
                  (C) type of improvement;
                  (D) State; and
                  (E) sub-State geographic area, including 
                urbanized and rural areas, on the basis of the 
                population of each such area.
  (k) Transfer of highway and transit funds.--
          (1) Transfer of highway funds.--Funds made available 
        under this title and transferred for transit projects 
        of a type described in section 133(b)(2) shall be 
        administered by the Secretary in accordance with 
        chapter 53 of title 49, except that the provisions of 
        this title relating to the non-Federal share shall 
        apply to the transferred funds.
          (2) Transfer of transit funds.--Funds made available 
        under chapter 53 of title 49 and transferred for 
        highway projects shall be administered by the Secretary 
        in accordance with this title, except that the 
        provisions of such chapter relating to the non-Federal 
        share shall apply to the transferred funds.
          (3) Transfer of obligation authority.--Obligation 
        authority provided for projects described in paragraphs 
        (1) and (2) shall be transferred in the same manner and 
        amount as the funds for the projects are transferred.
  (l) Effect of certain delay in deposits into Highway Trust 
Fund.--Notwithstanding any other provision of law, deposits 
into the Highway Trust Fund resulting from the application of 
section 901(e) of the Taxpayer Relief Act of 1997 (111 Stat. 
872) shall not be taken into account in determining the 
apportionments and allocations that any State shall be entitled 
to receive under the Transportation Equity Act for the 21st 
Century and this title.

                             * * * * * * *

Sec. 141. Enforcement of requirements

  (a) Each State shall certify to the Secretary before January 
1 of each year that it is enforcing all State laws respecting 
maximum vehicle size and weights permitted on the Federal-aid 
primary system, the Federal-aid urban system, and the Federal-
aid secondary system, including the Interstate System in 
accordance with section 127 of this title. Each State shall 
also certify that it is enforcing and complying with the 
provisions of section 127(d) of this title and [section 31112] 
sections 31111 and 31112 of title 49.
  (b)(1) Each State shall submit to the Secretary such 
information as the Secretary shall, by regulation, require as 
necessary, in his opinion, to verify the certification of such 
State under subsection (b) of this section.
  (2) If a State fails to certify as required by subsection (b) 
of this section or if the Secretary determines that a State is 
not adequately enforcing all State laws respecting such maximum 
vehicle size and weights, notwithstanding such a certification, 
then Federal-aid highway funds apportioned to such State for 
such fiscal year shall be reduced by amounts equal to 10 per 
centum of the amount which would otherwise be apportioned to 
such State under section 104 of this title.
  (3) If within one year from the date that the apportionment 
for any State is reduced in accordance with paragraph (2) of 
this subsection the Secretary determines that such State is 
enforcing all State laws respecting maximum size and weights, 
the apportionment of such State shall be increased by an amount 
equal to such reduction. If the Secretary does not make such a 
determination within such one-year period, the amounts so 
withheld shall be reapportioned to all other eligible States.
  (c) The Secretary shall reduce the State's apportionment of 
Federal-aid highway funds under section 104(b)(4) in an amount 
up to 25 per centum of the amount to be apportioned in any 
fiscal year beginning after September 30, 1984, during which 
heavy vehicles, subject to the use tax imposed by section 4481 
of the Internal Revenue Code of 1954, may be lawfully 
registered in the State without having presented proof of 
payment, in such form as may be prescribed by the Secretary of 
the Treasury, of the use tax imposed by section 4481 of such 
Code. Amounts withheld from apportionment to a State under this 
subsection shall be apportioned to the other States pursuant to 
the formulas of section 104(b)(4) and shall be available in the 
same manner and to the same extent as other Interstate funds 
apportioned at the same time to other States.

                             * * * * * * *

Sec. 402. Highway safety programs

  (a) Each State shall have a highway safety program approved 
by the Secretary, designed to reduce traffic accidents and 
deaths, injuries, and property damage resulting therefrom. Such 
programs shall be in accordance with uniform guidelines 
promulgated by the Secretary. Such uniform guidelines shall be 
promulgated by the Secretary so as to improve driver 
performance (including, but not limited to, driver education, 
driver testing to determine proficiency to operate motor 
vehicles, driver examinations (both physical and mental) and 
driver licensing) and to improve pedestrian performance and 
bicycle safety. In addition, such uniform guidelines shall 
include programs (1) to reduce injuries and deaths resulting 
from motor vehicles being driven in excess of posted speed 
limits, (2) to encourage the proper use of occupant protection 
devices (including the use of safety belts and child restraint 
systems) by occupants of motor [vehicles and to increase public 
awareness of the benefit of motor vehicles equipped with 
airbags,] vehicles, (3) to reduce deaths and injuries resulting 
from persons driving motor vehicles while impaired by alcohol 
or a controlled substance, (4) to prevent accidents and reduce 
deaths and injuries resulting from accidents involving motor 
vehicles and motorcycles, (5) to reduce injuries and deaths 
resulting from accidents involving school buses, (6) to reduce 
aggressive driving and to educate drivers about defensive 
driving, and [(6)] (7) to improve law enforcement services in 
motor vehicle accident prevention, traffic supervision, and 
post-accident procedures. The Secretary shall establish a 
highway safety program for the collection and reporting of data 
on traffic-related deaths and injuries by the States. Under 
such program, the States shall collect and report such data as 
the Secretary may require. The purposes of the program are to 
ensure national uniform data on such deaths and injuries and to 
allow the Secretary to make determinations for use in 
developing programs to reduce such deaths and injuries and 
making recommendations to Congress concerning legislation 
necessary to implement such programs. The program shall provide 
for annual reports to the Secretary on the efforts being made 
by the States in reducing deaths and injuries occurring at 
highway construction sites and the effectiveness and results of 
such efforts. The Secretary shall establish minimum reporting 
criteria for the program. Such criteria shall include, but not 
be limited to, criteria on deaths and injuries resulting from 
police pursuits, school bus accidents, aggressive driving, and 
speeding, on traffic-related deaths and injuries at highway 
construction sites and on the configuration of commercial motor 
vehicles involved in motor vehicle accidents. In addition such 
uniform guidelines shall include, but not be limited to, 
provisions for an effective record system of accidents 
(including injuries and deaths resulting therefrom), accident 
investigations to determine the probable causes of accidents, 
injuries, and deaths, vehicle registration, operation, and 
inspection, highway design and maintenance (including lighting, 
markings, and surface treatment), traffic control, vehicle 
codes and laws, surveillance of traffic for detection and 
correction of high or potentially high accident locations, 
enforcement of light transmission standards of window glazing 
for passenger motor vehicles and light trucks as necessary to 
improve highway safety, and emergency services. Such guidelines 
as are applicable to State highway safety programs shall, to 
the extent determined appropriate by the Secretary, be 
applicable to federally administered areas where a Federal 
department or agency controls the highways or supervises 
traffic operations.
  (b) Administration of State programs.--
          (1) Administrative requirements.--The Secretary may 
        not approve a State highway safety program under this 
        section which does not--
                  (A) provide that the Governor of the State 
                shall be responsible for the administration of 
                the program through a State highway safety 
                agency which shall have adequate powers and be 
                suitably equipped and organized to carry out, 
                to the satisfaction of the Secretary, such 
                program;
                  (B) authorize political subdivisions of the 
                State to carry out local highway safety 
                programs within their jurisdictions as a part 
                of the State highway safety program if such 
                local highway safety programs are approved by 
                the Governor and are in accordance with the 
                minimum standards established by the Secretary 
                under this section;
                  (C) except as provided in paragraph (3), 
                provide that at least 40 percent of all Federal 
                funds apportioned under this section to the 
                State for any fiscal year will be expended by 
                the political subdivisions of the State, 
                including Indian tribal governments, in 
                carrying out local highway safety programs 
                authorized in accordance with subparagraph (B); 
                and
                  (D) provide adequate and reasonable access 
                for the safe and convenient movement of 
                individuals with disabilities, including those 
                in wheelchairs, across curbs constructed or 
                replaced on or after July 1, 1976, at all 
                pedestrian crosswalks throughout the State.
          (2) Waiver.--The Secretary may waive the requirement 
        of paragraph (1)(C), in whole or in part, for a fiscal 
        year for any State whenever the Secretary determines 
        that there is an insufficient number of local highway 
        safety programs to justify the expenditure in the State 
        of such percentage of Federal funds during the fiscal 
        year.
          (3) Use of technology for traffic enforcement.--The 
        Secretary may encourage States to use technologically 
        advanced traffic enforcement devices (including the use 
        of automatic speed detection devices such as photo-
        radar) by law enforcement officers.
  (c) Funds authorized to be appropriated to carry out this 
section shall be used to aid the States to conduct the highway 
safety programs approved in accordance with subsection (a), 
including development and implementation of manpower training 
programs, and of demonstration programs that the Secretary 
determines will contribute directly to the reduction of 
accidents, and deaths and injuries resulting therefrom. Such 
funds shall be subject to a deduction not to exceed 5 per 
centum for the necessary costs of administering the provisions 
of this section, and the remainder shall be apportioned among 
the several States. Such funds shall be apportioned 75 per 
centum in the ratio which the population of each State bears to 
the total population of all the States, as shown by the latest 
available Federal census, and 25 per centum in the ratio which 
the public road mileage in each State bears to the total public 
road mileage in all States. For the purposes of this 
subsection, a ``public road'' means any road under the 
jurisdiction of and maintained by a public authority and open 
to public travel. Public road mileage as used in this 
subsection shall be determined as of the end of the calendar 
year preceding the year in which the funds are apportioned and 
shall be certified to by the Governor of the State and subject 
to approval by the Secretary. The annual apportionment to each 
State shall not be less than one-half of 1 per centum of the 
total apportionment, except that the apportionment to the 
Secretary of the Interior shall not be less than [three-fourths 
of 1 percent] 2 percent of the total apportionment and the 
apportionments to the Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Islands shall not be 
less than one-quarter of 1 per centum of the total 
apportionment. The Secretary shall not apportion any funds 
under this subsection to any State which is not implementing a 
highway safety program approved by the Secretary in accordance 
with this section. For the purpose of the seventh sentence of 
this subsection, a highway safety program approved by the 
Secretary shall not include any requirement that a State 
implement such a program by adopting or enforcing any law, 
rule, or regulation based on a guideline promulgated by the 
Secretary under this section requiring any motorcycle operator 
eighteen years of age or older or passenger eighteen years of 
age or older to wear a safety helmet when operating or riding a 
motorcycle on the streets and highways of that State. 
Implementation of a highway safety program under this section 
shall not be construed to require the Secretary to require 
compliance with every uniform guideline, or with every element 
of every uniform guideline, in every State. Funds apportioned 
under this section to any State, that does not have a highway 
safety program approved by the Secretary or that is not 
implementing an approved program, shall be reduced by amounts 
equal to not less than 50 per centum of the amounts that would 
otherwise be apportioned to the State under this section, until 
such time as the Secretary approves such program or determines 
that the State is implementing an approved program, as 
appropriate. The Secretary shall consider the gravity of the 
State's failure to have or implement an approved program in 
determining the amount of the reduction. The Secretary shall 
promptly apportion to the State the funds withheld from its 
apportionment if he approves the State's highway safety program 
or determines that the State has begun implementing an approved 
program, as appropriate, prior to the end of the fiscal year 
for which the funds were withheld. If the Secretary determines 
that the State did not correct its failure within such period, 
the Secretary shall reapportion the withheld funds to the other 
States in accordance with the formula specified in this 
subsection not later than 30 days after such determination.
  (d) All provisions of chapter 1 of this title that are 
applicable to National Highway System highway funds other than 
provisions relating to the apportionment formula and provisions 
limiting the expenditure of such funds to the Federal-aid 
systems, shall apply to the highway safety funds authorized to 
be appropriated to carry out this section, except as determined 
by the Secretary to be inconsistent with this section, and 
except that the aggregate of all expenditures made during any 
fiscal year by a State and its political subdivisions 
(exclusive of Federal funds) for carrying out the State highway 
safety program (other than planning and administration) shall 
be available for the purpose of crediting such State during 
such fiscal year for the non-Federal share of the cost of any 
project under this section (other than one for planning or 
administration) without regard to whether such expenditures 
were actually made in connection with such project and except 
that, in the case of a local highway safety program carried out 
by an Indian tribe, if the Secretary is satisfied that an 
Indian tribe does not have sufficient funds available to meet 
the non-Federal share of the cost of such program, he may 
increase the Federal share of the cost thereof payable under 
this Act to the extent necessary. In applying such provisions 
of chapter 1 in carrying out this section the term ``State 
transportation department'' as used in such provisions shall 
mean the Governor of a State for the purposes of this section.
  (e) Uniform guidelines promulgated by the Secretary to carry 
out this section shall be developed in cooperation with the 
States, their political subdivisions, appropriate Federal 
departments and agencies, and such other public and private 
organizations as the Secretary deems appropriate.
  (f) The Secretary may make arrangements with other Federal 
departments and agencies for assistance in the preparation of 
uniform guidelines for the highway safety programs contemplated 
by subsection (a) and in the administration of such programs. 
Such departments and agencies are directed to cooperate in such 
preparation and administration, on a reimbursable basis.
  (g) Nothing in this section authorizes the appropriation or 
expenditure of funds for (1) highway construction, maintenance, 
or design (other than design of safety features of highways to 
be incorporated into guidelines) or (2) any purpose for which 
funds are authorized by section 403 of this title.
  (h) Grants.--Funds available to States under this section may 
be used for making grants of financial assistance for programs 
and initiatives authorized by sections 405 and 410 of this 
title.
  (i) Application in Indian country.--
          (1) Use of terms.--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.
          (2) Expenditures for local highway programs.--
        Notwithstanding 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.
          (3) Access for individuals with disabilities.--The 
        requirements of subsection (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.
          (4) Indian country defined.--In 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.
  (j) Rulemaking proceeding.--The Secretary may periodically 
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.
  (k)(1) Subject to the provisions of this subsection, the 
Secretary shall make a grant to any State which includes, as 
part of its highway safety program under section 402 of this 
title, the use of a comprehensive computerized safety 
recordkeeping system designed to correlate data regarding 
traffic accidents, drivers, motor vehicles, and roadways. Any 
such grant may only be used by such State to establish and 
maintain a comprehensive computerized traffic safety 
recordkeeping system or to obtain and operate components to 
support highway safety priority programs identified by the 
Secretary under this section. Notwithstanding any other 
provision of law, if a report, list, schedule, or survey is 
prepared by or for a State or political subdivision thereof 
under this subsection, such report, list, schedule, or survey 
shall not be admitted as evidence or used in any suit or action 
for damages arising out of any matter mentioned in such report, 
list, schedule, or survey.
  (2) No State may receive a grant under this subsection in 
more than two fiscal years.
  (3) The amount of the grant to any State under this 
subsection for the first fiscal year such State is eligible for 
a grant under this subsection shall equal 10 per centum of the 
amount apportioned to such State for fiscal year 1985 under 
this section. The amount of a grant to any State under this 
subsection for the second fiscal year such State is eligible 
for a grant under this subsection shall equal 10 per centum of 
the amount apportioned to such State for fiscal year 1986 under 
this section.
  (4) A State is eligible for a grant under this subsection 
if--
          (A) it certifies to the Secretary that it has in 
        operation a computerized traffic safety recordkeeping 
        system and identifies proposed means of upgrading the 
        system acceptable to the Secretary; or
          (B) it provides to the Secretary a plan acceptable to 
        the Secretary for establishing and maintaining a 
        computerized traffic safety recordkeeping system.
  (5) The Secretary, after making the deduction authorized by 
the second sentence of subsection (c) of this section for 
fiscal years 1985 and 1986, shall set aside 10 per centum of 
the remaining funds authorized to be appropriated to carry out 
this section for the purpose of making grants under this 
subsection. Funds set aside under this subsection shall remain 
available for the fiscal year authorized and for the succeeding 
fiscal year and any amounts remaining unexpended at the end of 
such period shall be apportioned in accordance with the 
provisions of subsection (c) of this section.
  (l) Limitation Relating to Police Chase Training.--No State 
may receive any funds available for fiscal years after fiscal 
year 2004 for programs under this chapter until the State 
submits to the Secretary a written statement that the State has 
actively encouraged all relevant law enforcement agencies in 
that State to follow the guidelines established for police 
chases issued by the International Association of Chiefs of 
Police that are in effect on the date on enactment of the 
Highway Safety Grant Program Reauthorization Act of 2003.
  (m) Consolidation of Grant Applications.--The Secretary shall 
establish an approval process by which a State may apply for 
all grants included under this chapter through a single 
application with a single annual deadline. The Bureau of Indian 
Affairs shall establish a similarly simplified process for 
applications from Indian tribes.

[Sec. 403. Highway safety research and development

  [(a) Authority of the Secretary.--
          [(1) In general.--The Secretary is authorized to use 
        funds appropriated to carry out this section to engage 
        in research on all phases of highway safety and traffic 
        conditions.
          [(2) Additional authority.--In addition, the 
        Secretary may use the funds appropriated to carry out 
        this section, either independently or in cooperation 
        with other Federal departments or agencies, for--
                  [(A) training or education of highway safety 
                personnel, including training in work zone 
                safety management,
                  [(B) research fellowships in highway safety,
                  [(C) development of improved accident 
                investigation procedures,
                  [(D) emergency service plans,
                  [(E) demonstration projects, and
                  [(F) related research and development 
                activities which the Secretary deems will 
                promote the purposes of this section.
          [(3) Safety defined.--As used in this section, the 
        term ``safety'' includes highway safety and highway 
        safety-related research and development, including 
        research and development relating to highway and driver 
        characteristics, crash investigations, communications, 
        emergency medical care, and transportation of the 
        injured.
  [(b) Drugs and driver behavior.--In addition to the research 
authorized by subsection (a), the Secretary, in consultation 
with other Government and private agencies as may be necessary, 
is authorized to carry out safety research on the following:
          [(1) The relationship between the consumption and use 
        of drugs and their effect upon highway safety and 
        drivers of motor vehicles.
          [(2) Driver behavior research, including the 
        characteristics of driver performance, the 
        relationships of mental and physical abilities or 
        disabilities to the driving task, and the relationship 
        of frequency of driver crash involvement to highway 
        safety.
          [(3) Measures that may deter drugged driving.
          [(4) Programs to train law enforcement officers on 
        motor vehicle pursuits conducted by the officers.
  [(c) The research authorized by subsections (a) and (b) of 
this section may be conducted by the Secretary through grants 
and contracts with public and private agencies, institutions, 
and individuals.
  [(d) The Secretary may, where he deems it to be in 
furtherance of the purposes of section 402 of this title, vest 
in State or local agencies, on such terms and conditions as he 
deems appropriate, title to equipment purchased for 
demonstration projects with funds authorized by this section.
  [(e) In addition to the research authorized by subsection (a) 
of this section, the Secretary shall, either independently or 
in cooperation with other Federal departments or agencies, 
conduct research into, and make grants to or contracts with 
State or local agencies, institutions, and individuals for 
projects to demonstrate the administrative adjudication of 
traffic infractions. Such administrative adjudication 
demonstration projects shall be designed to improve highway 
safety by developing fair, efficient, and effective processes 
and procedures for traffic infraction adjudication, utilizing 
appropriate punishment, training, and rehabilitative measures 
for traffic offenders. The Secretary shall report to Congress 
by July 1, 1975, and each year thereafter during the 
continuance of the program, on the research and demonstration 
projects authorized by this subsection, and shall include in 
such report a comparison of the fairness, efficiency, and 
effectiveness of administrative adjudication of traffic 
infractions with other methods of handling such infractions.
  [(f) Collaborative research and development.
          [(1) In general.--For the purpose of encouraging 
        innovative solutions to highway safety problems, 
        stimulating voluntary improvements in highway safety, 
        and stimulating the marketing of new highway safety-
        related technology by private industry, the Secretary 
        is authorized to undertake, on a cost-shared basis, 
        collaborative research and development with non-Federal 
        entities, including State and local governments, 
        colleges, and universities and corporations, 
        partnerships, sole proprietorships, and trade 
        associations that are incorporated or established under 
        the laws of any State or the United States. This 
        collaborative research may include crash data 
        collection and analysis; driver and pedestrian 
        behavior; and demonstrations of technology.
          [(2) Cooperative agreements.--In carrying out this 
        subsection, the Secretary may enter into cooperative 
        research and development agreements, as defined in 
        section 12 of the Stevenson-Wydler Technology 
        Innovation Act of 1980. (15 U.S.C. 3710a); except that 
        in entering into such agreements, the Secretary may 
        agree to provide not more than 50 percent of the cost 
        of any research or development project selected by the 
        Secretary under this subsection.
          [(3) Project selection.--In selecting projects to be 
        conducted under this subsection, the Secretary shall 
        establish a procedure to consider the views of experts 
        and the public concerning the project areas.
          [(4) Applicability of Stevenson-Wydler Technology 
        Innovation Act.--The research, development, or 
        utilization of any technology pursuant to an agreement 
        under the provisions of this subsection, including the 
        terms under which technology may be licensed and the 
        resulting royalties may be distributed, shall be 
        subject to the provisions of the Stevenson-Wydler 
        Technology Innovation Act of 1980.]

Sec. 403. Highway safety research and development

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

Sec. 404. National Highway Safety Advisory Committee

  (a)(1) There is established in the Department of 
Transportation a National Highway Safety Advisory Committee, 
composed of the Secretary or an officer of the Department 
appointed by him, the Federal Highway Administrator, the 
National Highway Traffic Safety Administrator, and thirty-five 
members appointed by the President, no more than four of whom 
shall be Federal officers or employees. The Secretary shall 
select the Chairman of the Committee from among the Committee 
members. The appointed members, having due regard for the 
purposes of this chapter, shall be selected from among 
representatives of various State and local governments, 
including State legislatures, of public and private interests 
contributing to, affected by, or concerned with highway safety, 
including the national organizations of passenger car, bus, and 
truck owners, and of other public and private agencies, 
organizations, or groups demonstrating an active interest in 
highway safety, as well as research scientists and other 
individuals who are expert in this field.
  (2)(A) Each member appointed by the President shall hold 
office for a term of three years, except that (i) any member 
appointed to fill a vacancy occurring prior to the expiration 
of the term for which his predecessor was appointed shall be 
appointed for the remainder of such term, and (ii) the terms of 
office of members first taking office after the date of 
enactment of this section shall expire as follows: Twelve at 
the end of one year after the date such committee members are 
appointed by the President, twelve at the end of two years 
after the date such committee members are appointed by the 
President, and eleven at the end of three years after the date 
such committee members are appointed, as designated by the 
President at the time of appointment, and (iii) the term of any 
member shall be extended until the date on which the 
successor's appointment is effective. None of the members 
appointed by the President who has served a three-year term, 
other than Federal officers or employees, shall be eligible for 
reappointment within one year following the end of his 
preceding term.
  (B) Members of the Committee who are not officers or 
employees of the United States shall, while attending meetings 
or conferences of such Committee or otherwise engaged in the 
business of such Committee, be entitled to receive compensation 
at a rate fixed by the Secretary, but not exceeding $100 per 
diem, including traveltime, and while away from their homes or 
regular places of business they may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized in 
section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 
73b-2) for persons in the Government service employed 
intermittently. Payments under this section shall not render 
members of the Committee employees or officials of the United 
States for any purpose.
  (b) The National Highway Safety Advisory Committee shall 
advise, consult with, and make recommendations to, the 
Secretary on matters relating to the activities and functions 
of the Department in the field of highway safety. The Committee 
is authorized (1) to review research projects or programs 
submitted to or recommended by it in the field of highway 
safety and recommended to the Secretary, for prosecution under 
this title, any such projects which it believes show promise of 
making valuable contributions to human knowledge with respect 
to the cause and prevention of highway accidents; and (2) to 
review, prior to issuance, standards proposed to be issued by 
order of the Secretary under the provisions of section 402(a) 
of this title and to make recommendations thereon. Such 
recommendations shall be published in connection with the 
Secretary's determination or order.
  (c) The National Highway Safety Advisory Committee shall meet 
from time to time as the Secretary shall direct, but at least 
once each year.
  (d) The Secretary shall provide to the National Highway 
Safety Committee from among the personnel and facilities of the 
Department of [Commerce] Transportation such staff and 
facilities as are necessary to carry out the functions of such 
Committee.

Sec. 405. Occupant protection incentive grants

  (a) General authority.--
          (1) Authority to make grants.--Subject to the 
        requirements of this section, the Secretary shall make 
        grants under this section to States that adopt and 
        implement effective programs to reduce highway deaths 
        and injuries resulting from individuals riding 
        unrestrained or improperly restrained in motor 
        vehicles. [Such grants may be used by recipient States 
        only to implement and enforce, as appropriate, such 
        programs.]
          (2) Maintenance of effort.--No grant may be made to a 
        State under this section in any fiscal year unless the 
        State enters into such agreements with the Secretary as 
        the Secretary may require to ensure that the State will 
        maintain its aggregate expenditures from all other 
        sources for programs described in paragraph (1) at or 
        above the average level of such expenditures in its 2 
        fiscal years preceding the date of enactment of the 
        [Transportation Equity Act for the 21st Century.] 
        Highway Safety Grant Program Reauthorization Act of 
        2003.
          [(3) Maximum period of eligibility.--No State may 
        receive grants under this section in more than 6 fiscal 
        years beginning after September 30, 1997.
          [(4) Federal share.--The Federal share of the cost of 
        implementing and enforcing, as appropriate, in a fiscal 
        year a program adopted by a State pursuant to paragraph 
        (1) shall not exceed--
                  [(A) in each of the first and second fiscal 
                years in which the State receives a grant under 
                this section, 75 percent;
                  [(B) in each of the third and fourth fiscal 
                years in which the State receives a grant under 
                this section, 50 percent; and
                  [(C) in each of the fifth and sixth fiscal 
                years in which the State receives a grant under 
                this section, 25 percent.
  [(b) Grant eligibility.--A State shall become eligible for a 
grant under this section by adopting or demonstrating to the 
satisfaction of the Secretary at least 4 of the following:
          [(1) Safety belt use law.--The State has in effect a 
        safety belt use law that makes unlawful throughout the 
        State the operation of a passenger motor vehicle 
        whenever an individual (other than a child who is 
        secured in a child restraint system) in the front seat 
        of the vehicle (and, beginning in fiscal year 2001, in 
        any seat in the vehicle) does not have a safety belt 
        properly secured about the individual's body.
          [(2) Primary safety belt use law.--The State provides 
        for primary enforcement of the safety belt use law of 
        the State.
          [(3) Minimum fine or penalty points.--The State 
        imposes a minimum fine or provides for the imposition 
        of penalty points against the driver's license of an 
        individual--
                  [(A) for a violation of the safety belt use 
                law of the State; and
                  [(B) for a violation of the child passenger 
                protection law of the State.
          [(4) Special traffic enforcement program.--The State 
        has implemented a statewide special traffic enforcement 
        program for occupant protection that emphasizes 
        publicity for the program.
  [(5) Child passenger protection education program.--The State 
has implemented a statewide comprehensive child passenger 
protection education program that includes education programs 
about proper seating positions for children in air bag equipped 
motor vehicles and instruction on how to reduce the improper 
use of child restraint systems.
  [(6) Child passenger protection law.--The State has in effect 
a law that requires minors who are riding in a passenger motor 
vehicle to be properly secured in a child safety seat or other 
appropriate restraint system.
  [(c) Grant amounts.--The amount of a grant for which a State 
qualifies under this section for a fiscal year shall equal up 
to 25 percent of the amount apportioned to the State for fiscal 
year 1997 under section 402.
  [(d) Administrative expenses.--Funds authorized to be 
appropriated to carry out this section in a fiscal year shall 
be subject to a deduction not to exceed 5 percent for the 
necessary costs of administering the provisions of this 
section.
  [(e) Applicability of Chapter 1.--The provisions contained in 
section 402(d) shall apply to this section.]
  (b) Occupant Protection Grants.--
          (1) In general.--In addition to the grants authorized 
        by subsection (a), the Secretary shall make grants in 
        accordance with this subsection.
          (2) Safety belt performance grants.--
                  (A) Primary safety belt use law.--
                          (i) For fiscal years 2004 and 2005, 
                        the Secretary shall make a grant to 
                        each State that enacted, and is 
                        enforcing, a primary safety belt use 
                        law for all passenger motor vehicles 
                        that became effective by December 31, 
                        2002.
                          (ii) For each of fiscal years 2004 
                        through 2009, the Secretary shall, 
                        after making grants under clause (i) of 
                        this subparagraph, make a one-time 
                        grant to each State that either enacts 
                        for the first time after December 31, 
                        2002, and has in effect a primary 
                        safety belt use law for all passenger 
                        motor vehicles, or, in the case of a 
                        State that does not have such a primary 
                        safety belt use law, has a State safety 
                        belt use rate in the preceding fiscal 
                        year of at least 90 percent, as 
                        measured under criteria determined by 
                        the Secretary.
                          (iii) Of the funds authorized for 
                        grants under this subsection, 
                        $100,000,000 in each of fiscal years 
                        2004 through 2009 shall be available 
                        for grants under this paragraph. The 
                        amount of a grant available to a State 
                        in each of fiscal years 2004 and 2005 
                        under clause (i) of this subparagraph 
                        shall be equal to \1/2\ of the amount 
                        of funds apportioned to the State under 
                        section 402(c) for fiscal year 2003. 
                        The amount of a grant available to a 
                        State in fiscal year 2004 or in a 
                        subsequent fiscal year under clause 
                        (ii) of this subparagraph shall be 
                        equal to 5 times the amount apportioned 
                        to the State for fiscal year 2003 under 
                        section 402(c). The Federal share 
                        payable for grants under this 
                        subparagraph shall be 100 percent. If 
                        the total amount of grants under clause 
                        (ii) of this subparagraph for a fiscal 
                        year exceeds the amount of funds 
                        available in the fiscal year, grants 
                        shall be made to each eligible State, 
                        in the order in which its primary 
                        safety belt use law became effective or 
                        its safety belt use rate reached 90 
                        percent, until the funds for the fiscal 
                        year are exhausted. A State that does 
                        not receive a grant for which it is 
                        eligible in a fiscal year shall receive 
                        the grant in the succeeding fiscal year 
                        so long as its law remains in effect or 
                        its safety belt use rate remains at or 
                        above 90 percent. If the total amount 
                        of grants under this subparagraph for a 
                        fiscal year is less than the amount 
                        available in the fiscal year, the 
                        Secretary shall use any funds that 
                        exceed the total amount for grants 
                        under subparagraph (B) of this 
                        paragraph.
  (B) Safety belt use rate.--
                          (i) For each year from 2004 through 
                        2009, the funds authorized for grant 
                        under this subparagraph shall be 
                        awarded to States that increase their 
                        measured seat belt use rate by--
                                  (I) 3 percentage points above 
                                the State's average of the 2 
                                previous years; or
                                  (II) by the following 
                                percentage points for each 
                                fiscal year compared to the 
                                average use rates for fiscal 
                                years 2001 and 2002:
                                          (aa) For 2004, 3 
                                        percentage points by 
                                        the end of fiscal year 
                                        2004.
                                          (bb) For 2005, 6 
                                        percentage points by 
                                        the end of fiscal year 
                                        2005.
                                          (cc) For 2006, 9 
                                        percentage points by 
                                        the end of fiscal year 
                                        2006.
                                          (dd) For 2007, 12 
                                        percentage points by 
                                        the end of fiscal year 
                                        2007.
                                          (ee) For 2008, 15 
                                        percentage points by 
                                        the end of fiscal year 
                                        2008.
                                          (ff) For 2009, 18 
                                        percentage points by 
                                        the end of fiscal year 
                                        2009.
                          (ii) Each State that fulfills the 
                        requirement of subclause (I) or (II) of 
                        clause (i) of this subparagraph shall 
                        be apportioned an amount of funds that 
                        is equal to the amount available under 
                        this subparagraph for the relevant 
                        fiscal year multiplied by a ratio 
                        determined by dividing--
                                  (I) the amount of funds 
                                appropriated to that State 
                                under the section 402 program 
                                for that fiscal year, by
                                  (II) the total amount of 
                                funds appropriated to all 
                                States that fulfill the 
                                requirements of either 
                                subclause (I) or (II) of clause 
                                (i) of this subparagraph under 
                                section 402 for that fiscal 
                                year.
                        In each year, for each additional 
                        percentage point increase in safety 
                        belt use above the State's percentage 
                        point increase under clause (i), the 
                        amount allocated to each State under 
                        the previous sentence shall increase by 
                        \1/3\ of such amount. The apportionment 
                        of funds to all States under this 
                        clause shall reflect such increase so 
                        that the total apportionment of funds 
                        under this clause does not exceed the 
                        total funds available for that year.
                          (iii) Of the funds authorized for 
                        grants under this subsection, 
                        $20,000,000 for fiscal year 2004, 
                        $22,000,000 for fiscal year 2005, 
                        $24,000,000 for fiscal year 2006, 
                        $26,000,000 for fiscal year 2007, 
                        $28,000,000 for fiscal year 2008, and 
                        $30,000,000 for fiscal year 2009 shall 
                        be available for safety belt use rate 
                        grants under this subparagraph.
                          (iv) The Federal share payable for 
                        grants under this subparagraph shall be 
                        100 percent.
  (c) Use of Grants.--A State allocated an amount for a grant 
under subsection (b)(2)(A) of this subsection shall use the 
amount for activities eligible for assistance under this 
section, except that it may use up to 50 percent of the amount 
for activities eligible under section 150 of this title and 
consistent with the State's strategic highway safety plan under 
section 151 of this title that are not otherwise eligible for 
assistance under this section. A State allocated an amount for 
a grant under subsection (b)(2)(A) of this subsection may use 
the amount for activities eligible for assistance under this 
section or for activities eligible under section 150 of this 
title and consistent with the State's strategic highway safety 
plan under section 151 of this title that are not otherwise 
eligible for assistance under this section. A State allocated 
an amount for a grant under subsection (b)(2)(B) of this 
section, including any amount transferred under subsection 
(b)(2)(A) of this section, shall use the amount for safety belt 
use programs eligible for assistance under subsection (b), 
except that it may use up to 50 percent of the amount for 
activities eligible under section 150 of this title and 
consistent with the State's strategic highway safety plan under 
section 151 of this title that are not otherwise eligible for 
assistance under this section.
  [(f)] (d) Definitions.--In this section, the following 
definitions apply:
          [(1) Child safety seat.--The term ``child safety 
        seat'' means any device (except safety belts) designed 
        for use in a motor vehicle to restrain, seat, or 
        position a child who weighs 50 pounds or less.]
          [(2)] (1) Motor vehicle.--The term ``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.
          [(3) Multipurpose passenger vehicle.--The term 
        ``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.
          [(4) Passenger car.--The term ``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.]
          [(5)] (2) Passenger motor vehicle.--The term 
        ``passenger motor vehicle'' means a passenger car or a 
        multipurpose passenger motor vehicle.
          [(6)] (3) Safety belt.--The term ``safety belt'' 
        means--
                  (A) with respect to open-body passenger 
                vehicles, including convertibles, an occupant 
                restraint system consisting of a lap belt or a 
                lap belt and a detachable shoulder belt; and
                  (B) with respect to other passenger vehicles, 
                an occupant restraint system consisting of 
                integrated lap and shoulder belts.

Sec. 406. School bus driver training

  (a) The Secretary is authorized to make grants to the States 
for the purpose of carrying out State programs approved by him 
of driver education and training for persons driving school 
buses.
  (b) A State program under this section shall be approved by 
the Secretary if such program--
          (1) provides for the establishment and enforcement of 
        qualifications for persons driving school buses;
          (2) provides for initial education and training and 
        for refresher courses;
          (3) provides for periodic reports to the Secretary on 
        the results of such program; and
          (4) includes persons driving publicly operated, and 
        persons driving privately operated, school buses.
  (c) [Not less than $7,500,000 of the sums authorized to carry 
out section 402 of this title for fiscal year 1976 shall be 
obligated to carry out this section. Not less than $7,000,000 
of the sums authorized to carry out section 402 of this title 
for each of the fiscal years 1977 and 1978 shall be obligated 
to carry out this section. All sums authorized to carry out 
this section shall be apportioned among the States in 
accordance with the formula established under subsection (c) of 
section 402 of this title, and shall be available for 
obligation in the same manner and to the same extent as if such 
funds were apportioned under such subsection (c).] The Federal 
share payable on account of any project to carry out a program 
under this section shall not exceed 75 per centum of the cost 
of the project.

                             * * * * * * *

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

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

[Sec. 408. Alcohol traffic safety programs

  [(a) Subject to the provisions of this section, the Secretary 
shall make grants to those States which adopt and implement 
effective programs to reduce traffic safety problems resulting 
from persons driving while under the influence of alcohol or a 
controlled substance. Such grants may only be used by recipient 
States to implement and enforce such programs.
  [(b) No grant may be made to a State under this section in 
any fiscal year unless such State enters into such agreements 
with the Secretary as the Secretary may require to ensure that 
such State will maintain its aggregate expenditures from all 
other sources for alcohol traffic safety programs at or above 
the average level of such expenditures in its two fiscal years 
preceding the date of enactment of this section.
  [(c) No State may receive grants under this section in more 
than 5 fiscal years. The Federal share payable for any grant 
under this section shall not exceed--
          [(1) in the first fiscal year the State receives a 
        grant under this section, 75 per centum of the cost of 
        implementing and enforcing in such fiscal year the 
        alcohol traffic safety program adopted by the State 
        pursuant to subsection (a);
          [(2) in the second fiscal year the State receives a 
        grant under this section, 50 per centum of the cost of 
        implementing and enforcing in such fiscal year such 
        program; and
          [(3) in the third, fourth, and fifth fiscal years the 
        State receives a grant under this section, 25 per 
        centum of the cost of implementing and enforcing in 
        such fiscal year such program.
  [(d)(1) Subject to subsection (c), the amount of a basic 
grant made under this section for any fiscal year to any State 
which is eligible for such a grant under subsection (e)(1) 
shall equal 30 per centum of the amount apportioned to such 
State for fiscal year 1983 under section 402 of this title.
  [(2) Subject to subsection (c), the amount of a supplemental 
grant made under this section for any fiscal year to any State 
which is eligible for such a grant under subsection (e)(2) 
shall not exceed 20 per centum of the amount apportioned to 
such State for fiscal year 1983 under section 402 of this 
title. Such supplemental grant shall be in addition to any 
basic grant received by such State.
  [(3) Subject to subsection (c), the amount of a special grant 
made under this section for any fiscal year to any State which 
is eligible for such a grant under subsection (e)(3) shall not 
exceed 5 per centum of the amount apportioned to such State for 
fiscal year 1984 under sections 402 and 408 of this title. Such 
grant shall be in addition to any basic or supplemental grant 
received by such State.
  [(e)(1) For purposes of this section, a State is eligible for 
a basic grant if such State provides--
          [(A) for the prompt suspension, for a period not less 
        than ninety days in the case of a first offender and 
        not less than one year in the case of any repeat 
        offender, of the driver's license of any individual who 
        a law enforcement officer has probable cause under 
        State law to believe has committed an alcohol-related 
        traffic offense, and (i) to whom is administered one or 
        more chemical tests to determine whether the individual 
        was intoxicated while operating the motor vehicle and 
        who is determined, as a result of such tests, to be 
        intoxicated, or (ii) who refuses to submit to such a 
        test as proposed by the officer;
          [(B) for a mandatory sentence, which shall not be 
        subject to suspension or probation, of (i) imprisonment 
        for not less than forty-eight consecutive hours, or 
        (ii) not less than ten days of community service, of 
        any person convicted of driving while intoxicated more 
        than once in any five-year period;
          [(C) that any person with a blood alcohol 
        concentration of 0.10 percent or greater when driving a 
        motor vehicle shall be deemed to be driving while 
        intoxicated; and
          [(D) for increased efforts or resources dedicated to 
        the enforcement of alcohol-related traffic laws and 
        increased efforts to inform the public of such 
        enforcement.
  [(2) For purposes of this section, a State is eligible for a 
supplemental grant if such State is eligible for a basic grant 
and in addition provides for some or all of the criteria 
established by the Secretary under subsection (f).
  [(3) For the purposes of this section, a State is eligible 
for a special grant if the State enacts a statute which 
provides that--
          [(A) any person convicted of a first violation of 
        driving under the influence of alcohol shall receive--
                  [(i) a mandatory license suspension for a 
                period of not less than ninety days; and either
                  [(ii)(I) an assignment of one hundred hours 
                of community service; or
                  [(II) a minimum sentence of imprisonment for 
                forty-eight consecutive hours;
          [(B) any person convicted of a second violation of 
        driving under the influence of alcohol within five 
        years after a conviction for the same offense, shall 
        receive a mandatory minimum sentence of imprisonment 
        for ten days and license revocation for not less than 
        one year;
          [(C) any person convicted of a third or subsequent 
        violation of driving under the influence of alcohol 
        within five years after a prior conviction for the same 
        offense shall--
                  [(i) receive a mandatory minimum sentence of 
                imprisonment for one hundred and twenty days; 
                and
                  [(ii) have his license revoked for not less 
                than three years; and
          [(D) any person convicted of driving with a suspended 
        or revoked license or in violation of a restriction due 
        to driving under the influence of alcohol conviction 
        shall receive a mandatory sentence of imprisonment for 
        at least thirty days, and shall upon release from 
        imprisonment, receive an additional period of license 
        suspension or revocation of not less than the period of 
        suspension or revocation remaining in effect at the 
        time of commission of the offense of driving with a 
        suspended or revoked license.
  [(f) The Secretary shall, by rule, establish criteria for 
effective programs to reduce traffic safety problems resulting 
from persons driving while under the influence of alcohol, 
which criteria shall be in addition to those required for a 
basic grant under subsection (e)(1). The Secretary shall 
establish such criteria in cooperation with the States and 
political subdivisions thereof, appropriate Federal departments 
and agencies, and such other public and nonprofit organizations 
as the Secretary may deem appropriate. Such criteria may 
include, but need not be limited to, requirements--
          [(1) for the establishment and maintenance of a 
        statewide driver recordkeeping system from which repeat 
        offenders may be identified and which is accessible in 
        a prompt and timely manner to the courts and to the 
        public;
          [(2) for the creation and operation of rehabilitation 
        and treatment programs for those arrested and convicted 
        of driving while intoxicated;
          [(3) for the impoundment of any vehicle operated on a 
        State road by any individual whose driver's license is 
        suspended or revoked for an alcohol-related driving 
        offense;
          [(4) for the establishment in each major political 
        subdivision of a State of locally coordinated alcohol 
        traffic safety programs which are administered by local 
        officials and are financially self-sufficient;
          [(5) for the grant of presentence screening authority 
        to the courts;
          [(6) for the setting of the minimum drinking age in 
        such State at twenty-one years of age;
          [(7) for the consideration of and, where consistent 
        with other provisions of State law and constitution the 
        adoption of, recommendations that the Presidential 
        Commission on Drunk Driving may issue during the period 
        in which rules are being made to carry out this 
        section; and
          [(8) for the creation and operation of rehabilitation 
        and treatment programs for those arrested and convicted 
        of driving while under the influence of a controlled 
        substance or for the establishment of research programs 
        to develop effective means of detecting use of 
        controlled substances by drivers.
  [(g) There is hereby authorized to be appropriated to carry 
out this section, out of the Highway Trust Fund, $25,000,000 
for the fiscal year ending September 30, 1983, and $50,000,000 
per fiscal year for each of the fiscal years ending September 
30, 1984, and September 30, 1985. All provisions of chapter 1 
of this title that are applicable to Federal-aid primary 
highway funds, other than provisions relating to the 
apportionment formula and provisions limiting the expenditures 
of such funds to Federal-aid systems, shall apply to the funds 
authorized to be appropriated to carry out this section, except 
as determined by the Secretary to be inconsistent with this 
section and except that sums authorized by this subsection 
shall remain available until expended. Sums authorized by this 
subsection shall not be subject to any obligation limitation 
for State and community highway safety programs.]

                             * * * * * * *

Sec. 410. Alcohol-impaired driving countermeasures

  (a) General authority.--
          (1) Authority to make grants.--Subject to the 
        requirements of this section, the Secretary shall make 
        grants to States that adopt and implement effective 
        programs to reduce traffic safety problems resulting 
        from individuals driving while under the influence of 
        alcohol. Such grants may only be used by recipient 
        States to implement and enforce such programs.
          (2) Maintenance of effort.--No grant may be made to a 
        State under this section in any fiscal year unless the 
        State enters into such agreements with the Secretary as 
        the Secretary may require to ensure that the State will 
        maintain its aggregate expenditures from all other 
        sources for alcohol traffic safety programs at or above 
        the average level of such expenditures in its 2 fiscal 
        years preceding the date of enactment of the 
        [Transportation Equity Act for the 21st Century.] 
        Highway Safety Grant Program Reauthorization Act of 
        2003.
          [(3) Maximum period of eligibility.--No State may 
        receive grants under this section in more than 7 fiscal 
        years beginning after September 30, 1997.]
          [(4)] (3) Federal share.--The Federal share of the 
        cost of implementing and enforcing in a fiscal year a 
        program adopted by a State pursuant to paragraph (1) 
        shall not exceed--
                  (A) in each of the first and second fiscal 
                years in which the State receives a grant under 
                this section, 75 percent;
                  (B) in each of the third and fourth fiscal 
                years in which the State receives a grant under 
                this section, 50 percent; and
                  (C) in each of the fifth, sixth, and seventh 
                fiscal years in which the State receives a 
                grant under this section, 25 percent.
  [(b) Basic grant eligibility.--
          [(1) Basic grant A.--A State shall become eligible 
        for a grant under this paragraph by adopting or 
        demonstrating to the satisfaction of the Secretary at 
        least 5 of the following:
                  [(A) Administrative license revocation.--An 
                administrative driver's license suspension or 
                revocation system for individuals who operate 
                motor vehicles while under the influence of 
                alcohol that requires that--
                          [(i) in the case of an individual 
                        who, in any 5-year period beginning 
                        after the date of enactment of the 
                        Transportation Equity Act for the 21st 
                        Century, is determined on the basis of 
                        a chemical test to have been operating 
                        a motor vehicle while 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 receipt of the report of the law 
                        enforcement officer--
                                  [(I) shall suspend the 
                                driver's license of such 
                                individual for a period of not 
                                less than 90 days if such 
                                individual is a first offender 
                                in such 5-year period; and
                                  [(II) shall suspend the 
                                driver's license of such 
                                individual for a period of not 
                                less than 1 year, or revoke 
                                such license, if such 
                                individual is a repeat offender 
                                in such 5-year period; and
                          [(ii) the suspension and revocation 
                        referred to under clause (i) shall take 
                        effect not later than 30 days after the 
                        day on which the individual 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 procedures of 
                        the State.
                  [(B) Underage drinking program.--An effective 
                system, as determined by the Secretary, for 
                preventing operators of motor vehicles under 
                age 21 from obtaining alcoholic beverages and 
                for preventing persons from making alcoholic 
                beverages available to individuals under age 
                21. Such system may include the issuance of 
                drivers' licenses to individuals under age 21 
                that are easily distinguishable in appearance 
                from drivers' licenses issued to individuals 
                age 21 or older and the issuance of drivers' 
                licenses that are tamper resistant.
                  [(C) Enforcement program.--Either--
                          [(i) a statewide program for stopping 
                        motor vehicles on a nondiscriminatory, 
                        lawful basis for the purpose of 
                        determining whether the operators of 
                        such motor vehicles are driving while 
                        under the influence of alcohol; or
                          [(ii) a statewide special traffic 
                        enforcement program for impaired 
                        driving that emphasizes publicity for 
                        the program.
                  [(D) 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.
                  [(E) Drivers with high BAC.--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.
                  [(F) 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; 
                assessments of first-time offenders; and 
                incorporation of treatment into judicial 
                sentencing.
                  [(G) Testing for BAC.--An effective system 
                for increasing the rate of testing of the blood 
                alcohol concentrations of motor vehicle drivers 
                involved in fatal accidents and, in fiscal year 
                2001 and each fiscal year thereafter, a rate of 
                such testing that is equal to or greater than 
                the national average.
          [(2) Basic grant B.--A State shall become eligible 
        for a grant under this paragraph by adopting or 
        demonstrating to the satisfaction of the Secretary each 
        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.
                  [(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 the calendar years referred 
                to in subparagraph (A).
          [(3) Basic grant amount.--The amount of a basic grant 
        made to a State for a fiscal year under this subsection 
        shall equal up to 25 percent of the amount apportioned 
        to the State for fiscal year 1997 under section 402.
  [(c) Supplemental grants.--
          [(1) In general.--Upon receiving an application from 
        a State, the Secretary may make supplemental grants to 
        the State for meeting 1 or more of the following 
        criteria:
                  [(A) 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.
                  [(B) 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.
                  [(C) 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.
                  [(D) 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.
                  [(E) 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.
                  [(F) Other programs.--The State provides for 
                other innovative programs to reduce traffic 
                safety problems resulting from individuals 
                driving while under the influence of alcohol or 
                controlled substances, including programs that 
                seek to achieve such a reduction through legal, 
                judicial, enforcement, educational, 
                technological, or other approaches.
          [(2) Eligibility.--A State shall be eligible to 
        receive a grant under this subsection in a fiscal year 
        only if the State is eligible to receive a grant under 
        subsection (b) in such fiscal year.
          [(3) Funding.--Of the amounts made available to carry 
        out this section in a fiscal year, not to exceed 10 
        percent shall be available for making grants under this 
        subsection.
  [(d) Administrative expenses.--Funds authorized to be 
appropriated to carry out this section in a fiscal year shall 
be subject to a deduction not to exceed 5 percent for the 
necessary costs of administering the provisions of this 
section.
  [(e) Applicability of Chapter 1.--The provisions contained in 
section 402(d) shall apply to this section.
  [(f) Definitions.--In this section, the following definitions 
apply:
          [(1) Alcoholic beverage. The term ``alcoholic 
        beverage'' has the meaning given such term in section 
        158(c).
          [(2) Controlled substances.--The term ``controlled 
        substances'' has the meaning given such term in section 
        102(6) of the Controlled Substances Act (21 U.S.C. 
        802(6)).
          [(3) Motor vehicle.--The term ``motor vehicle'' has 
        the meaning given such term in section 405.]
  (b) Program-Related Eligibility Requirements.--To be eligible 
for a grant under this section, a State shall--
          (1) carry out each of the programs and activities 
        required under subsection (c);
          (2) comply with the additional requirements set forth 
        in subsection (d) with respect to such programs and 
        activities; and
          (3) comply with any additional requirements of the 
        Secretary.
  (c) Required State Programs and Activities.--For the purpose 
of subsection (b)(1), the required State program and activities 
are as follows:
          (1) Check-point, saturation patrol program.--A State 
        program to conduct of a series of high-visibility, 
        Statewide law enforcement campaigns in which law 
        enforcement personnel monitor for impaired driving, 
        either through use of check-points or saturation 
        patrols, on a nondiscriminatory, lawful basis for the 
        purpose of determining whether the operators of the 
        motor vehicles are driving while under the influence of 
        alcohol or controlled substances.
          (2) Prosecution and adjudication program.--For grants 
        made during fiscal years after fiscal year 2004, a 
        State prosecution and adjudication program under 
        which--
                  (A) judges and prosecutors are actively 
                encouraged to prosecute and adjudicate cases of 
                repeated commission of impaired driving 
                offenses by reducing the use of State diversion 
                programs, plea negotiation, or other means that 
                have the effect of avoiding or expunging a 
                permanent record of impaired driving in such 
                cases; or
                  (B) the courts in a majority of the judicial 
                jurisdictions of the State are monitored on the 
                courts' adjudication of cases of impaired 
                driving offenses; and
                  (C) annual Statewide outreach is provided for 
                judges and prosecutors on innovative approaches 
                to the prosecution and adjudication of cases of 
                impaired driving offenses that have the 
                potential for significantly improving the 
                prosecution and adjudication of such cases.
          (3) Impaired operation information system.--A State 
        impaired operation information system that--
                  (A) tracks drivers who are arrested or 
                convicted for violation of laws prohibiting 
                impaired operation of motor vehicles;
                  (B) includes information about each case of 
                an impaired driver beginning at the time of 
                arrest through case disposition, including 
                information about any trial, plea, plea 
                agreement, conviction or other disposition, 
                sentencing or other imposition of sanctions, 
                and substance abuse treatment;
                  (C) provides--
                          (i) accessibility to the information 
                        for law enforcement personnel Statewide 
                        and for United States law enforcement 
                        personnel; and
                          (ii) linkage for the sharing of the 
                        information and of the information in 
                        State traffic record systems among 
                        jurisdictions and appropriate agencies 
                        and offices of the States; and
                  (D) shares information with the National 
                Highway Traffic Safety Administration for 
                compilation and use for the tracking of 
                impaired operators of motor vehicles who move 
                from State to State.
  (d) Additional Requirements.--For the purposes of subsection 
(b)(2), the additional requirements that are applicable to 
States with respect to programs and activities described in 
subsection (c) are as follows:
          (1) Check-point, saturation patrol program.--
                  (A) Cooperation with national campaigns.--
                Under the program for the conduct of a series 
                of high-visibility, Statewide law enforcement 
                campaigns under subsection (c)(1), a State 
                shall organize the campaigns in cooperation 
                with related national campaigns organized by 
                the National Highway Traffic Safety 
                Administration, but may also initiate high-
                visibility, Statewide law enforcement campaigns 
                independently of the cooperative efforts.
                  (B) Demonstrated improvement.--For each 
                fiscal year, a State shall demonstrate to the 
                Secretary that the State and the political 
                subdivisions of the State that receive funds 
                under this section have increased, in the 
                aggregate, the total number of impaired driving 
                law enforcement activities, as described in 
                subsection (c)(1) (or any other similar 
                activity approved by the Secretary), initiated 
                in such State during the preceding fiscal year 
                by a factor (not less than 5 percent) that the 
                Secretary determines meaningful for the State 
                over the number of such activities initiated in 
                such State during the next preceding fiscal 
                year.
  (2) Impaired Operation Information System.--
                  (A) In general.--By not later than June 30, 
                2004, the National Highway Traffic Safety 
                Administration shall issue guidelines to the 
                States specifying the types and formats of data 
                that States should collect relating to drivers 
                who are arrested or convicted for violation of 
                laws prohibiting the impaired operation of 
                motor vehicles.
                  (B) Requirement for fiscal years 2004 and 
                2005.--During fiscal years 2004 and 2005, each 
                State shall--
                          (i) assess the system used by the 
                        State for tracking drivers who are 
                        arrested or convicted for violation of 
                        laws prohibiting impaired operation of 
                        motor vehicles;
                          (ii) identify ways to improve the 
                        system, as well as to enhance the 
                        capability of the system to provide 
                        information in coordination with 
                        impaired operation information systems 
                        of other States; and
                          (iii) develop a strategic plan that 
                        sets forth the actions to be taken and 
                        the resources necessary to achieve the 
                        identified improvements and to enhance 
                        the capability for coordination with 
                        the systems of other States.
                  (C) Requirement for fiscal years 2006, 2007, 
                and 2008.--In each of fiscal years 2006, 2007, 
                and 2008, each State shall demonstrate to the 
                Secretary that the State has made substantial 
                and meaningful progress in improving the 
                State's impaired operation information system, 
                and shall make public a report on the progress 
                of the information system.
                  (D) Requirement for fiscal year 2009.--In 
                fiscal year 2009, each State shall demonstrate 
                to the Secretary that the State's impaired 
                operation information system--
                          (i) meets National Highway Traffic 
                        Safety Administration standards for 
                        such systems; and
                          (ii) is fully operational.
  (e) Uses of Grants.--Grants made under this section may be 
used for programs and activities described in subsection (c) 
and to defray the following costs:
          (1) Labor costs, management costs, and equipment 
        procurement costs for the high-visibility, Statewide 
        law enforcement campaigns under subsection (c)(1).
          (2) The costs of the training of law enforcement 
        personnel and the procurement of technology and 
        equipment, including video equipment and passive 
        alcohol sensors, to counter directly impaired operation 
        of motor vehicles.
          (3) The costs of public awareness, advertising, and 
        educational campaigns that publicize use of sobriety 
        check points or increased law enforcement efforts to 
        counter impaired operation of motor vehicles.
          (4) The costs of public awareness, advertising, and 
        educational campaigns that target impaired operation of 
        motor vehicles by persons under 34 years of age.
          (5) The costs of the development and implementation 
        of a State impaired operation information system 
        described in subsection (c)(3).
  (f) Additional Authorities for Certain Authorized Uses.--
          (1) Combination of grant proceeds.--Grant funds used 
        for a campaign under subsection (e)(3) may be combined, 
        or expended in coordination, with proceeds of grants 
        under section 402 of this title.
          (2) Coordination of uses.--Grant funds used for a 
        campaign under paragraph (3) or (4) of subsection (e) 
        may be expended--
                  (A) in coordination with employers, colleges, 
                entities in the hospitality industry, and 
                nonprofit traffic safety groups; and
                  (B) in coordination with sporting events and 
                concerts and other entertainment events.
  (g) Funding.--
          (1) In general.--Except as provided in paragraph (2), 
        grant funding under this section shall be allocated 
        among eligible States on the basis of the apportionment 
        formula that applies for apportionments under section 
        402(c) of this title.
          (2) High fatality-rate states.--The amount of the 
        grant funds allocated under this subsection to each of 
        the 10 States with the highest impaired driving-related 
        fatality rate for the fiscal year preceding the fiscal 
        year of the allocation shall be twice the amount that, 
        except for this subparagraph, would otherwise be 
        allocated to the State under paragraph (1).
  (h) Use of Funds by High Fatality-Rate States.--
          (1) Required uses.--At least \1/2\ of the amounts 
        allocated to States under subsection (g)(2) shall be 
        used for the program described in subsection (c)(1).
          (2) Requirement for plan.--A State receiving an 
        allocation of grant funds under subsection (g)(2) shall 
        expend those funds only after consulting with the 
        Administrator of the National Highway Traffic Safety 
        Administration regarding such expenditures.
  (i) Definitions.--In this section:
          (1) Impaired driver.--The term ``impaired driver'' 
        means a person who, while operating a motor vehicle--
                  (A) has a blood alcohol content of 0.08 
                percent or higher; or
                  (B) is under the influence of a controlled 
                substance.
          (2) Impaired operation.--The term ``impaired 
        operation'', with respect to a motor vehicle, means the 
        operation of a motor vehicle by an impaired driver.
          (3) Impaired driving-related fatality rate.--The term 
        ``impaired driving-related fatality rate'' means the 
        rate of the fatal accidents that involve impaired 
        drivers while operating motor vehicles, as calculated 
        in accordance with regulations which the Administrator 
        of the National Highway Traffic Safety Administration 
        shall prescribe.

                             * * * * * * *

Sec. 412. State traffic safety information system improvements

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

Sec. 412. Booster seat incentive grants

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

               TITLE 28. JUDICIARY AND JUDICIAL PROCEDURE

                    PART VI. PARTICULAR PROCEEDINGS

            CHAPTER 158. ORDERS OF FEDERAL AGENCIES; REVIEW

Sec. 2342. Jurisdiction of court of appeals

  The court of appeals (other than the United States Court of 
Appeals for the Federal Circuit) has exclusive jurisdiction to 
enjoin, set aside, suspend in whole or in part), or to 
determine the validity of--
          (1) all final orders of the Federal Communications 
        Commission made reviewable by section 402(a) of title 
        47;
          (2) all final orders of the Secretary of Agriculture 
        made under chapters 9 and 20A of title 7, except orders 
        issued under sections 210(e), 217a, and 499g(a) of 
        title 7;
          (3) all rules, regulations, or final orders of--
                  [(A) the Secretary of Transportation issued 
                pursuant to section 2, 9, 37, or 41 of the 
                Shipping Act, 1916 (46 U.S.C. App. 802, 803, 
                808, 835, 839) or pursuant to part B or C of 
                subtitle IV of title 49; and]
                  (A) the Secretary of Transportation issued 
                pursuant to section 2, 9, 37, or 41 of the 
                Shipping Act, 1916 (46 U.S.C. App. 802, 803, 
                808, 835, 839, and 841a) or pursuant to Part B 
                or C of subtitle IV of title 49 or pursuant to 
                subchapter III of chapter 311, chapter 313, and 
                chapter 315 of Part B of subtitle VI of title 
                49; and
                  (B) the Federal Maritime Commission issued 
                pursuant to--
                          (i) section 19 of the Merchant Marine 
                        Act, 1920 (46 U.S.C. App. 876);
                          (ii) section 14 or 17 of the Shipping 
                        Act of 1984 (46 U.S.C. App. 1713 or 
                        1716); or
                          (iii) section 2(d) or 3(d) of the Act 
                        of November 6, 1966 (46 U.S.C. App. 
                        817d(d) or 817e(d));
          (4) all final orders of the Atomic Energy Commission 
        made reviewable by section 2239 of title 42;
          (5) all rules, regulations, or final orders of the 
        Surface Transportation Board made reviewable by section 
        2321 of this title;
          (6) all final orders under section 812 of the Fair 
        Housing Act; and
          (7) all final agency actions described in section 
        20114(c) of title 49. Jurisdiction is invoked by filing 
        a petition as provided by section 2344 of this title.

                             * * * * * * *

                        CLEAN VESSEL ACT OF 1992

SEC. 5604. FUNDING.

                         [33 U.S.C. 1322 NOTE]

                             * * * * * * *

  (c) Grant program.--
          (1) Matching grants.--The Secretary of the Interior 
        may obligate an amount not to exceed the amount made 
        available under section 4(b)(2) of the Act of August 9, 
        1950 (16 U.S.C. 777c(b)(2), as amended by this Act), to 
        make grants to--
                  (A) coastal States to pay not more than 75 
                percent of the cost to a coastal State of--
                          (i) conducting a survey under section 
                        5603(a);
                          (ii) developing and submitting a plan 
                        and accompanying list under section 
                        5603(b);
                          (iii) constructing and renovating 
                        pumpout stations and waste reception 
                        facilities; and
                          (iv) conducting a program to educate 
                        recreational boaters about the problem 
                        of human body waste discharges from 
                        vessels and inform them of the location 
                        of pumpout stations and waste reception 
                        facilities.
                  (B) inland States, which can demonstrate to 
                the Secretary of the Interior that there are an 
                inadequate number of pumpout stations and waste 
                reception facilities to meet the needs of 
                recreational vessels in the waters of that 
                State, to pay 75 percent of the cost to that 
                State of--
                          (i) constructing and renovating 
                        pumpout stations and waste reception 
                        facilities in the inland State; and
                          (ii) conducting a program to educate 
                        recreational boaters about the problem 
                        of human body waste discharges from 
                        vessels and inform them of the location 
                        of pumpout stations and waste reception 
                        facilities.
          (2) Priority.--In awarding grants under this 
        subsection, the Secretary of the Interior shall give 
        priority consideration to grant applications that--
                  [(A) in coastal States, propose constructing 
                and renovating pumpout stations and waste 
                reception facilities in accordance with a 
                coastal State's plan approved under section 
                5603(c);]
                  [(B)] (A) provide for public/private 
                partnership efforts to develop and operate 
                pumpout stations and waste receptions 
                facilities; and
                  [(C)] (B) propose innovative ways to increase 
                the availability and use of pumpout stations 
                and waste reception facilities.
  (d) Disclaimer.--Nothing in this subtitle shall be 
interpreted to preclude a State from carrying out the 
provisions of this subtitle with funds other than those 
described in this section.

                             * * * * * * *

                        TITLE 39. POSTAL SERVICE

           PART III. MODERNIZATION AND FISCAL ADMINISTRATION

                          CHAPTER 20. FINANCE

Sec. 2003. The Postal Service Fund

  (a) There is established in the Treasury of the United States 
a revolving fund to be called the Postal Service Fund which 
shall be available to the Postal Service without fiscal-year 
limitation to carry out the purposes, functions, and powers 
authorized by this title.
  (b) There shall be deposited in the Fund, subject to 
withdrawal by check by the Postal Service--
          (1) revenues from postal and nonpostal services 
        rendered by the Postal Service;
          (2) amounts received from obligations issued by the 
        Postal Service;
          (3) amounts appropriated for the use of the Postal 
        Service;
          (4) interest which may be earned on investments of 
        the Fund;
          (5) any other receipts of the Postal Service;
          (6) the balance in the Post Office Department Fund 
        established under former section 2202 of title 39 as of 
        the commencement of operations of the Postal Service;
          (7) amounts (including proceeds from the sale of 
        forfeited items) from any civil forfeiture conducted by 
        the Postal Service; [and]
          (8) any transfers from the Secretary of the Treasury 
        from the Department of the Treasury Forfeiture Fund 
        which shall be available to the Postmaster General only 
        for Federal law enforcement related [purposes.] 
        purposes; and
            (9) any amounts collected under section 3018 of 
        this title.
  (c) If the Postal Service determines that the moneys of the 
Fund are in excess of current needs, it may request the 
investment of such amounts as it deems advisable by the 
Secretary of the Treasury in obligations of, or obligations 
guaranteed by, the Government of the United States, and, with 
the approval of the Secretary, in such other obligations or 
securities as it deems appropriate.
  (d) With the approval of the Secretary of the Treasury, the 
Postal Service may deposit moneys of the Fund in any Federal 
Reserve bank, any depository for public funds, or in such other 
places and in such manner as the Postal Service and the 
Secretary may mutually agree.
  (e)(1) The Fund shall be available for the payment of all 
expenses incurred by the Postal Service in carrying out its 
functions as provided by law and, subject to the provisions of 
section 3604 of this title, all of the expenses of the Postal 
Rate Commission. The Postmaster General shall transfer from the 
Fund to the Secretary of the Treasury for deposit in the 
Department of the Treasury Forfeiture Fund amounts appropriate 
to reflect the degree of participation of Department of the 
Treasury law enforcement organizations (described in section 
9703(p) of title 31) in the law enforcement effort resulting in 
the forfeiture pursuant to laws enforced or administered by the 
Postal Service. Neither the Fund nor any of the funds credited 
to it shall be subject to apportionment under the provisions of 
subchapter II of chapter 15 of title 31.
  (2) Funds appropriated to the Postal Service under section 
2401 of this title shall be apportioned as provided in this 
paragraph. From the total amounts appropriated to the Postal 
Service for any fiscal year under the authorizations contained 
in section 2401 of this title, the Secretary of the Treasury 
shall make available to the Postal Service 25 percent of such 
amount at the beginning of each quarter of such fiscal year.
  (f) Notwithstanding any other provision of this section, any 
amounts appropriated to the Postal Service under subsection (d) 
of section 2401 of this title and deposited into the Fund shall 
be expended by the Postal Service only for the purposes 
provided in such subsection.
  (g) Notwithstanding any provision of section 8147 of title 5, 
whenever the Secretary of Labor furnishes a statement to the 
Postal Service indicating an amount due from the Postal Service 
under subsection (b) of that section, the Postal Service shall 
make the deposit required pursuant to that statement (and any 
additional payment under subsection (c) of that section, to the 
extent that it relates to the period covered by such statement) 
not later than 30 days after the date on which such statement 
is so furnished. Any deposit (and any additional payment) which 
is subject to the preceding sentence shall, once made, remain 
available without fiscal year limitation.
  (h) Liabilities of the former Post Office Department to the 
Employees' Compensation Fund (appropriations for which were 
authorized by former section 2004, as in effect before the 
effective date of this subsection) shall be liabilities of the 
Postal Service payable out of the Fund.

                             * * * * * * *

                          PART IV. MAIL MATTER

                     CHAPTER 30. NONMAILABLE MATTER

Sec. 3001. Nonmailable matter

  (a) Matter the deposit of which in the mails is punishable 
under section 1302, 1341, 1342, 1461, 1463, 1715, 1716, 1717, 
or 1738 of title 18, or section 26 of the Animal Welfare Act is 
nonmailable.
  (b) Except as provided in subsection (c) of this section, 
nonmailable matter which reaches the office of delivery, or 
which may be seized or detained for violation of law, shall be 
disposed of as the Postal Service shall direct.
  (c)(1) Matter which--
          (A) exceeds the size and weight limits prescribed for 
        the particular class of mail; or
          (B) is of a character perishable within the period 
        required for transportation and delivery; is 
        nonmailable.
  (2) Matter made nonmailable by this subsection which reaches 
the office of destination may be delivered in accordance with 
its address, if the party addressed furnishes the name and 
address of the sender.
  (d) Matter otherwise legally acceptable in the mails which--
          (1) is in the form of, and reasonably could be 
        interpreted or construed as, a bill, invoice, or 
        statement of account due; but
          (2) constitutes, in fact, a solicitation for the 
        order by the addressee of goods or services, or both; 
        is nonmailable matter, shall not be carried or 
        delivered by mail, and shall be disposed of as the 
        Postal Service directs, unless such matter bears on its 
        face, in conspicuous and legible type in contrast by 
        typography, layout, or color with other printing on its 
        face, in accordance with regulations which the Postal 
        Service shall prescribe--
                  (A) the following notice: ``This is a 
                solicitation for the order of goods or 
                services, or both, and not a bill, invoice, or 
                statement of account due. You are under no 
                obligation to make any payments on account of 
                this offer unless you accept this offer.''; or
                  (B) in lieu thereof, a notice to the same 
                effect in words which the Postal Service may 
                prescribe.
  (e)(1) Any matter which is unsolicited by the addressee and 
which is designed, adapted, or intended for preventing 
conception (except unsolicited samples thereof mailed to a 
manufacturer thereof, a dealer therein, a licensed physician or 
surgeon, or a nurse, pharmacist, druggist, hospital, or clinic) 
is nonmailable matter, shall not be carried or delivered by 
mail, and shall be disposed of as the Postal Service directs.
  (2) Any unsolicited advertisement of matter which is 
designed, adapted, or intended for preventing conception is 
nonmailable matter, shall not be carried or delivered by mail, 
and shall be disposed of as the Postal Service directs unless 
the advertisement--
          (A) is mailed to a manufacturer of such matter, a 
        dealer therein, a licensed physician or surgeon, or a 
        nurse, pharmacist, druggist, hospital, or clinic; or
          (B) accompanies in the same parcel any unsolicited 
        sample excepted by paragraph (1) of this subsection. An 
        advertisement shall not be deemed to be unsolicited for 
        the purposes of this paragraph if it is contained in a 
        publication for which the addressee has paid or 
        promised to pay a consideration or which he has 
        otherwise indicated he desires to receive.
  (f) Any matter which is unsolicited by the addressee, which 
contains a ``household substance'' (as defined by section 2 of 
the Poison Prevention Packaging Act of 1970), and which does 
not comply with the requirements for special child-resistant 
packaging established for that substance by the Consumer 
Product Safety Commission, is nonmailable matter, shall not be 
carried or delivered by mail, and shall be disposed of as the 
Postal Service directs.
  (g)(1) Matter otherwise legally acceptable in the mails which 
contains or includes a fragrance advertising sample is 
nonmailable matter, shall not be carried or delivered by mail, 
and shall be disposed of as the Postal Service directs, unless 
the sample is sealed, wrapped, treated, or otherwise prepared 
in a manner reasonably designed to prevent individuals from 
being unknowingly or involuntarily exposed to the sample.
  (2) The Postal Service shall by regulation establish the 
standards or requirements which a fragrance advertising sample 
must satisfy in order for the mail matter involved not to be 
considered nonmailable under this subsection.
  (h) Matter otherwise legally acceptable in the mails which 
constitutes a solicitation by a nongovernmental entity for the 
purchase of or payment for a product or service; and which 
reasonably could be interpreted or construed as implying any 
Federal Government connection, approval, or endorsement through 
the use of a seal, insignia, reference to the Postmaster 
General, citation to a Federal statute, name of a Federal 
agency, department, commission, or program, trade or brand 
name, or any other term or symbol; or contains any reference to 
the Postmaster General or a citation to a Federal statute that 
misrepresents either the identity of the mailer or the 
protection or status afforded such matter by the Federal 
Government is nonmailable matter and shall not be carried or 
delivered by mail, and shall be disposed of as the Postal 
Service directs, unless--
          (1) such nongovernmental entity has such expressed 
        connection, approval or endorsement;
          (2)(A) such matter bears on its face, in conspicuous 
        and legible type in contrast by typography, layout, or 
        color with other printing on its face, in accordance 
        with regulations which the Postal Service shall 
        prescribe, the following notice: ``THIS PRODUCT OR 
        SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY THE 
        FEDERAL GOVERNMENT, AND THIS OFFER IS NOT BEING MADE BY 
        AN AGENCY OF THE FEDERAL GOVERNMENT.'', or a notice to 
        the same effect in words which the Postal Service may 
        prescribe;
          (B) the envelope or outside cover or wrapper in which 
        such matter is mailed bears on its face in capital 
        letters and in conspicuous and legible type, in 
        accordance with regulations which the Postal Service 
        shall prescribe, the following notice: ``THIS IS NOT A 
        GOVERNMENT DOCUMENT.'', or a notice to the same effect 
        in words which the Postal Service may prescribe; and
          (C) such matter does not contain a false 
        representation stating or implying that Federal 
        Government benefits or services will be affected by any 
        purchase or nonpurchase; or
          (3) such matter is contained in a publication for 
        which the addressee has paid or promised to pay a 
        consideration or which he has otherwise indicated he 
        desires to receive, except that this paragraph shall 
        not apply if the solicitation is on behalf of the 
        publisher of the publication.
  (i) Matter otherwise legally acceptable in the mails which 
constitutes a solicitation by a nongovernmental entity for 
information or the contribution of funds or membership fees and 
which reasonably could be interpreted or construed as implying 
any Federal Government connection, approval, or endorsement 
through the use of a seal, insignia, reference to the 
Postmaster General, citation to a Federal statute, name of a 
Federal agency, department, commission, or program, trade or 
brand name, or any other term or symbol; or contains any 
reference to the Postmaster General or a citation to a Federal 
statute that misrepresents either the identity of the mailer or 
the protection or status afforded such matter by the Federal 
Government is nonmailable matter and shall not be carried or 
delivered by mail, and shall be disposed of as the Postal 
Service directs, unless--
          (1) such nongovernmental entity has such expressed 
        connection, approval or endorsement;
          (2)(A) such matter bears on its face, in conspicuous 
        and legible type in contrast by typography, layout, or 
        color with other printing on its face, in accordance 
        with regulations which the Postal Service shall 
        prescribe, the following notice: ``THIS ORGANIZATION 
        HAS NOT BEEN APPROVED OR ENDORSED BY THE FEDERAL 
        GOVERNMENT, AND THIS OFFER IS NOT BEING MADE BY AN 
        AGENCY OF THE FEDERAL GOVERNMENT.'', or a notice to the 
        same effect in words which the Postal Service may 
        prescribe;
          (B) the envelope or outside cover or wrapper in which 
        such matter is mailed bears on its face in capital 
        letters and in conspicuous and legible type, in 
        accordance with regulations which the Postal Service 
        shall prescribe, the following notice: ``THIS IS NOT A 
        GOVERNMENT DOCUMENT.'', or a notice to the same effect 
        in words which the Postal Service may prescribe; and
          (C) such matter does not contain a false 
        representation stating or implying that Federal 
        Government benefits or services will be affected by any 
        contribution or noncontribution; or
          (3) such matter is contained in a publication for 
        which the addressee has paid or promised to pay a 
        consideration or which he has otherwise indicated he 
        desires to receive, except that this paragraph shall 
        not apply if the solicitation is on behalf of the 
        publisher of the publication.
  (j)(1) Any matter otherwise legally acceptable in the mails 
which is described in paragraph (2) is nonmailable matter, 
shall not be carried or delivered by mail, and shall be 
disposed of as the Postal Service directs.
  (2) Matter described in this paragraph is any matter that--
          (A) constitutes a solicitation for the purchase of or 
        payment for any product or service that--
                  (i) is provided by the Federal Government; 
                and
                  (ii) may be obtained without cost from the 
                Federal Government; and
          (B) does not contain a clear and conspicuous 
        statement giving notice of the information set forth in 
        clauses (i) and (ii) of subparagraph (A).
  (k)(1) In this subsection--
          (A) the term ``clearly and conspicuously displayed'' 
        means presented in a manner that is readily noticeable, 
        readable, and understandable to the group to whom the 
        applicable matter is disseminated;
          (B) the term ``facsimile check'' means any matter 
        that--
                  (i) is designed to resemble a check or other 
                negotiable instrument; but
                  (ii) is not negotiable;
          (C) the term ``skill contest'' means a puzzle, game, 
        competition, or other contest in which--
                  (i) a prize is awarded or offered;
                  (ii) the outcome depends predominately on the 
                skill of the contestant; and
                  (iii) a purchase, payment, or donation is 
                required or implied to be required to enter the 
                contest; and
          (D) the term ``sweepstakes'' means a game of chance 
        for which no consideration is required to enter.
          (2) Except as provided in paragraph (4), any matter 
        otherwise legally acceptable in the mails which is 
        described in paragraph (3) is nonmailable matter, shall 
        not be carried or delivered by mail, and shall be 
        disposed of as the Postal Service directs.
          (3) Matter described in this paragraph is any matter 
        that--
                  (A)(i) includes entry materials for a 
                sweepstakes or a promotion that purports to be 
                a sweepstakes; and
                  (ii)(I) does not contain a statement that 
                discloses in the mailing, in the rules, and on 
                the order or entry form, that no purchase is 
                necessary to enter such sweepstakes;
                  (II) does not contain a statement that 
                discloses in the mailing, in the rules, and on 
                the order or entry form, that a purchase will 
                not improve an individual's chances of winning 
                with such entry;
                  (III) does not state all terms and conditions 
                of the sweepstakes promotion, including the 
                rules and entry procedures for the sweepstakes;
                  (IV) does not disclose the sponsor or mailer 
                of such matter and the principal place of 
                business or an address at which the sponsor or 
                mailer may be contacted;
                  (V) does not contain sweepstakes rules that 
                state--
                          (aa) the estimated odds of winning 
                        each prize;
                          (bb) the quantity, estimated retail 
                        value, and nature of each prize; and
                          (cc) the schedule of any payments 
                        made over time;
                  (VI) represents that individuals not 
                purchasing products or services may be 
                disqualified from receiving future sweepstakes 
                mailings;
                  (VII) requires that a sweepstakes entry be 
                accompanied by an order or payment for a 
                product or service previously ordered;
                  (VIII) represents that an individual is a 
                winner of a prize unless that individual has 
                won such prize; or
                  (IX) contains a representation that 
                contradicts, or is inconsistent with 
                sweepstakes rules or any other disclosure 
                required to be made under this subsection, 
                including any statement qualifying, limiting, 
                or explaining the rules or disclosures in a 
                manner inconsistent with such rules or 
                disclosures;
                  (B)(i) includes entry materials for a skill 
                contest or a promotion that purports to be a 
                skill contest; and
                  (ii)(I) does not state all terms and 
                conditions of the skill contest, including the 
                rules and entry procedures for the skill 
                contest;
                  (II) does not disclose the sponsor or mailer 
                of the skill contest and the principal place of 
                business or an address at which the sponsor or 
                mailer may be contacted; or
                  (III) does not contain skill contest rules 
                that state, as applicable--
                          (aa) the number of rounds or levels 
                        of the contest and the cost to enter 
                        each round or level;
                          (bb) that subsequent rounds or levels 
                        will be more difficult to solve;
                          (cc) the maximum cost to enter all 
                        rounds or levels;
                          (dd) the estimated number or 
                        percentage of entrants who may 
                        correctly solve the skill contest or 
                        the approximate number or percentage of 
                        entrants correctly solving the past 3 
                        skill contests conducted by the 
                        sponsor;
                          (ee) the identity or description of 
                        the qualifications of the judges if the 
                        contest is judged by other than the 
                        sponsor;
                          (ff) the method used in judging;
                          (gg) the date by which the winner or 
                        winners will be determined and the date 
                        or process by which prizes will be 
                        awarded;
                          (hh) the quantity, estimated retail 
                        value, and nature of each prize; and
                          (ii) the schedule of any payments 
                        made over time; or
                  (C) includes any facsimile check that does 
                not contain a statement on the check itself 
                that such check is not a negotiable instrument 
                and has no cash value.
          (4) Matter that appears in a magazine, newspaper, or 
        other periodical shall be exempt from paragraph (2) if 
        such matter--
                  (A) is not directed to a named individual; or
                  (B) does not include an opportunity to make a 
                payment or order a product or service.
          (5) Any statement, notice, or disclaimer required 
        under paragraph (3) shall be clearly and conspicuously 
        displayed. Any statement, notice, or disclaimer 
        required under subclause (I) or (II) of paragraph 
        (3)(A)(ii) shall be displayed more conspicuously than 
        would otherwise be required under the preceding 
        sentence.
          (6) In the enforcement of paragraph (3), the Postal 
        Service shall consider all of the materials included in 
        the mailing and the material and language on and 
        visible through the envelope or outside cover or 
        wrapper in which those materials are mailed.
  (l)(1) Any person who uses the mails for any matter to which 
subsection (h), (i), (j), or (k) applies shall adopt reasonable 
practices and procedures to prevent the mailing of such matter 
to any person who, personally or through a conservator, 
guardian, or individual with power of attorney--
          (A) submits to the mailer of such matter a written 
        request that such matter should not be mailed to such 
        person; or
          (B)(i) submits such a written request to the attorney 
        general of the appropriate State (or any State 
        government officer who transmits the request to that 
        attorney general); and
          (ii) that attorney general transmits such request to 
        the mailer.
  (2) Any person who mails matter to which subsection (h), (i), 
(j), or (k) applies shall maintain or cause to be maintained a 
record of all requests made under paragraph (1). The records 
shall be maintained in a form to permit the suppression of an 
applicable name at the applicable address for a 5-year period 
beginning on the date the written request under paragraph (1) 
is submitted to the mailer.
  (m) Except as otherwise provided by law, proceedings 
concerning the mailability of matter under this chapter and 
chapters 71 and 83 of title 18 shall be conducted in accordance 
with chapters 5 and 7 of title 5.
  (n)(1) Except as otherwise authorized by law or regulations 
of the Postal Service under section 3018 of this title, 
hazardous material is nonmailable.
  (2) In this subsection, the term ``hazardous material'' means 
a substance or material designated by the Secretary of 
Transportation as hazardous material under section 5103(a) of 
title 49.
  [(n)] (o) The district courts, together with the District 
Court of the Virgin Islands and the District Court of Guam, 
shall have jurisdiction, upon cause shown, to enjoin violations 
of section 1716 of title 18.

                             * * * * * * *

Sec. 3018. Hazardous material

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

                           TITLE 46. SHIPPING

                    SUBTITLE II. VESSELS AND SEAMEN

                 PART I. STATE BOATING SAFETY PROGRAMS

                CHAPTER 131. RECREATIONAL BOATING SAFETY

Sec. 13103. Allocations

  (a) The Secretary shall allocate amounts available for 
allocation and distribution under this chapter for State 
recreational boating safety programs as follows:
          (1) One-third shall be allocated equally each fiscal 
        year among eligible States.
          (2) One-third shall be allocated among eligible 
        States that maintain a State vessel numbering system 
        approved under chapter 123 of this title and a marine 
        casualty reporting system approved under this chapter 
        so that the amount allocated each fiscal year to each 
        eligible State will be in the same ratio as the number 
        of vessels numbered in that State bears to the number 
        of vessels numbered in all eligible States.
          (3) One-third shall be allocated so that the amount 
        allocated each fiscal year to each eligible State will 
        be in the same ratio as the amount of State amounts 
        expended by the State for the State recreational 
        boating safety program during the prior fiscal year 
        bears to the total State amounts expended during that 
        fiscal year by all eligible States for State 
        recreational boating safety programs.
  (b) The amount received by a State under this section in a 
fiscal year may be not more than [one-half] 75 percent of the 
total cost incurred by that State in developing, carrying out, 
and financing that State's recreational boating safety program 
in that fiscal year.
  (c) The Secretary may allocate not more than 5 percent of the 
amounts available for allocation and distribution in a fiscal 
year for national boating safety activities of national 
nonprofit public service organizations.

Sec. 13104. Availability of allocations

  (a)(1) Amounts allocated to a State shall be available for 
obligation by that State for a period of [2 years] 3 years 
after the date of allocation.
  (2) Amounts allocated to a State that are not obligated at 
the end of the [2-year] 3-year period referred to in paragraph 
(1) shall be withdrawn and allocated by the Secretary in 
addition to any other amounts available for allocation in the 
fiscal year in which they are withdrawn or the following fiscal 
year.
  (b) Amounts available to the Secretary for State recreational 
boating safety programs for a fiscal year that have not been 
allocated at the end of the fiscal year shall be allocated 
among States in the next fiscal year in addition to amounts 
otherwise available for allocation to States for that next 
fiscal year.

                             * * * * * * *

Sec. 13106. Authorization of appropriations

  (a)(1) 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)).The amount shall be allocated as provided 
        under section 13103 of this title and shall be 
        available for State recreational boating safety 
        programs as provided under the guidelines established 
        under subsection (b) of this section. Amounts 
        authorized to be expended for State recreational 
        boating safety programs shall remain available until 
        expended and are deemed to have been expended only if 
        an amount equal to the total amounts authorized to be 
        expended under this section for the fiscal year in 
        question and all prior fiscal years have been 
        obligated. Amounts previously obligated but released by 
        payment of a final voucher or modification of a program 
        acceptance shall be credited to the balance of 
        unobligated amounts and are immediately available for 
        expenditure.
  (2) The Secretary shall use not less than one percent and not 
more than two percent of the amount available each fiscal year 
for State recreational boating safety programs under this 
chapter to pay the costs of investigations, personnel, and 
activities related to administering those programs.
  (b) The Secretary shall establish guidelines prescribing the 
purposes for which amounts available under this chapter for 
State recreational boating safety programs may be used. Those 
purposes shall include--
          (1) providing facilities, equipment, and supplies for 
        boating safety education and law enforcement, including 
        purchase, operation, maintenance, and repair;
          (2) training personnel in skills related to boating 
        safety and to the enforcement of boating safety laws 
        and regulations;
          (3) providing public boating safety education, 
        including educational programs and lectures, to the 
        boating community and the public school system;
          (4) acquiring, constructing, or repairing public 
        access sites used primarily by recreational boaters;
          (5) conducting boating safety inspections and marine 
        casualty investigations;
          (6) establishing and maintaining emergency or search 
        and rescue facilities, and providing emergency or 
        search and rescue assistance;
          (7) establishing and maintaining waterway markers and 
        other appropriate aids to navigation; and
          (8) providing State recreational vessel numbering and 
        titling programs.
  (c) Of the amount transferred to the [Secretary of 
Transportation under paragraph (4) of section 4(b)] Secretary 
under subsections (a)(2) and (e) of section 4 of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)), a 
minimum of $2,083,333 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, of which 
$833,333 shall be available to the Secretary only to ensure 
compliance with chapter 43 of 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.

Sec. 13107. Maintenance of effort for State recreational boating safety 
                    programs

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

TITLE 49. TRANSPORTATION

                SUBTITLE I. DEPARTMENT OF TRANSPORTATION

                        CHAPTER 1. ORGANIZATION

Sec. 112. Research and Special Programs Administration

  (a) Establishment.--There is established in the Department of 
Transportation a Research and Special Programs Administration.
  (b) Administrator.--
          (1) Appointment.--The Administration shall be headed 
        by an Administrator who shall be appointed by the 
        President, by and with the advice and consent of the 
        Senate.
          (2) Reporting.--The Administrator shall report 
        directly to the Secretary.
  (c) Deputy Administrator.--The Administration shall have a 
Deputy Administrator who shall be appointed by the Secretary of 
Transportation. The Deputy Administrator shall carry out duties 
and powers prescribed by the Administrator.
  (d) Responsibilities of Administrator.--The Administrator of 
the Administration shall be responsible for carrying out the 
following:
          (1) Hazmat transportation safety.--Duties and powers 
        vested in the Secretary of Transportation with respect 
        to hazardous materials transportation safety, except as 
        otherwise delegated by the Secretary.
          (2) Pipeline safety.--Duties and powers vested in the 
        Secretary with respect to pipeline safety.
          (3) Activities of Volpe National Transportation 
        Systems Center.--Duties and powers vested in the 
        Secretary with respect to activities of the Volpe 
        National Transportation Systems Center.
          (4) Other.--Such other duties and powers as the 
        Secretary shall prescribe, including such multimodal 
        and intermodal duties as are appropriate.
  (e) Administrative Authorities.--
          (1) Grants, cooperative agreements, and other 
        transactions.--The Administrator may enter into grants, 
        cooperative agreements, and other transactions with 
        Federal agencies, State and local government agencies, 
        other public entities, private organizations, and other 
        persons--
                  (A) to conduct research into transportation 
                service and infrastructure assurance; and
                  (B) to carry out other research activities of 
                the Administration.
          (2) Limitation on disclosure of certain 
        information.--
                  (A) Limitation.--If the Administrator 
                determines that particular information 
                developed in research sponsored by the 
                Administration may reveal a systemic 
                vulnerability of transportation service or 
                infrastructure, such information may be 
                disclosed only to--
                          (i) a person responsible for the 
                        security of the transportation service 
                        or infrastructure; or
                          (ii) a person responsible for 
                        protecting public safety; or
                          (iii) an officer, employee, or agent 
                        of the Federal Government, or a State 
                        or local government, who, as determined 
                        by the Administrator, has need for such 
                        information in the performance of 
                        official duties.
                  (B) Treatment of release.--The release of 
                information under subparagraph (A) shall not be 
                treated as a release to the public for purposes 
                of section 552 of title 5.
  [(e)] (i) Limitation on statutory construction.--Nothing in 
this section shall affect any delegation of authority, 
regulation, order, approval, exemption, waiver, contract, or 
other administrative act of the Secretary with respect to laws 
administered through the Research and Special Programs 
Administration of the Department of Transportation on October 
24, 1992.

                  CHAPTER 3. GENERAL DUTIES AND POWERS

                     SUBCHAPTER III. MISCELLANEOUS

Sec. 351. Judicial review of actions in carrying out certain 
                    transferred duties and powers

  [(a) Judicial review.--An action of the Secretary of 
Transportation in carrying out a duty or power transferred 
under the Department of Transportation Act (Public Law 89-670, 
80 Stat. 931), or an action of the Administrator of the Federal 
Railroad Administration, the Federal Highway Administration, or 
the Federal Aviation Administration in carrying out a duty or 
power specifically assigned to the Administrator by that Act, 
may be reviewed judicially to the same extent and in the same 
way as if the action had been an action by the department, 
agency, or instrumentality of the United States Government 
carrying out the duty or power immediately before the transfer 
or assignment.]
  (a) Judicial Review.--An action of the Secretary of 
Transportation in carrying out a duty or power transferred 
under the Department of Transportation Act (Public Law 89-670; 
80 Stat. 931), or an action of the Administrator of the Federal 
Railroad Administration, Federal Motor Carrier Safety 
Administration, or the Federal Aviation Administration in 
carrying out a duty or power specifically assigned to the 
Administrator by that Act, may be reviewed judicially to the 
same extent and in the same way as if the action had been an 
action by the department, agency, or instrumentality of the 
United States Government carrying out the duty or power 
immediately before the transfer or assignment.
  (b) Application of procedural requirements.--A statutory 
requirement related to notice, an opportunity for a hearing, 
action on the record, or administrative review that applied to 
a duty or power transferred by the Act applies to the Secretary 
or Administrator when carrying out the duty or power.
  (c) Nonapplication.--This section does not apply to a duty or 
power transferred from the Interstate Commerce Commission to 
the Secretary under section 6(e)(1)-(4) and (6)(A) of the Act.

[Sec. 352. Authority to carry out certain transferred duties and powers

  [In carrying out a duty or power transferred under the 
Department of Transportation Act (Public Law 89-670, 80 Stat. 
931), the Secretary of Transportation and the Administrators of 
the Federal Railroad Administration, the Federal Highway 
Administration, and the Federal Aviation Administration have 
the same authority that was vested in the department, agency, 
or instrumentality of the United States Government carrying out 
the duty or power immediately before the transfer. An action of 
the Secretary or Administrator in carrying out the duty or 
power has the same effect as when carried out by the 
department, agency, or instrumentality.]

Sec. 352. Authority to carry out certain transferred duties and powers

    In carrying out a duty or power transferred under the 
Department of Transportation Act (Public Law 89-670; 80 Stat. 
931), the Secretary of Transportation and the Administrators of 
the Federal Railroad Administration, the Federal Motor Carrier 
Safety Administration, and the Federal Aviation Administration 
have the same authority that was vested in the department, 
agency, or instrumentality of the United States Government 
carrying out the duty or power immediately before the transfer. 
An action of the Secretary or Administrator in carrying out the 
duty or power has the same effect as when carried out by the 
department, agency, or instrumentality.

                      CHAPTER 5. SPECIAL AUTHORITY

                        SUBCHAPTER II. PENALTIES

Sec. 521. Civil penalties

  (a)(1) A person required under section 504 of this title to 
make, prepare, preserve, or submit to the Secretary of 
Transportation a record about rail carrier transportation, that 
does not make, prepare, preserve, or submit that record as 
required under that section, is liable to the United States 
Government for a civil penalty of $500 for each violation.
  (2) A rail carrier, and a lessor, receiver, or trustee of 
that carrier, violating section 504(c)(1) of this title is 
liable to the Government for a civil penalty of $100 for each 
violation.
  (3) A rail carrier, a lessor, receiver, or trustee of that 
carrier, a person furnishing cars or protective service against 
heat or cold, and an officer, agent, or employee of one of 
them, required to make a report to the Secretary or answer a 
question, that does not make a report to the Secretary or does 
not specifically, completely, and truthfully answer the 
question, is liable to the Government for a civil penalty of 
$100 for each violation.
  (4) A separate violation occurs for each day a violation 
under this subsection continues.
  (5) Trial in a civil action under this subsection is in the 
judicial district in which the rail carrier has its principal 
operating office or in a district through which the railroad of 
the rail carrier runs.
  (b)(1)(A) If the Secretary finds that a violation of a 
provision of subchapter III of chapter 311 (except sections 
31138 and 31139) or section 31302, 31303, 31304, 31305(b), 
31310(g)(1)(A), or 31502 of this title, or a violation of a 
regulation issued under any of those provisions, has occurred, 
the Secretary shall issue a written notice to the violator. 
Such notice shall describe with reasonable particularity the 
nature of the violation found and the provision which has been 
violated. The notice shall specify the proposed civil penalty, 
if any, and suggest actions which might be taken in order to 
abate the violation. The notice shall indicate that the 
violator may, within 15 days of service, notify the Secretary 
of the violator's intention to contest the matter. In the event 
of a contested notice, the Secretary shall afford such violator 
an opportunity for a hearing, pursuant to section 554 of title 
5 following which the Secretary shall issue an order affirming, 
modifying, or vacating the notice of violation.
  (B) Nonapplicability to reporting and recordkeeping 
violations.--Subparagraph (A) shall not apply to reporting and 
recordkeeping violations.
  (2) Civil penalty.--
          (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 31138 and 31139) 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.
          [(B) Recordkeeping and reporting violations.--A 
        person required to make a report to the Secretary, 
        answer a question, or make, prepare, or preserve a 
        record under section 504 of this title or under any 
        regulation issued by the Secretary pursuant to 
        subchapter III of chapter 311 (except sections 31138 
        and 31139) or section 31502 of this title about 
        transportation by motor carrier, motor carrier of 
        migrant workers, or motor private carrier, or an 
        officer, agent, or employee of that person--
                  [(i) who does not make that report, does not 
                specifically, completely, and truthfully answer 
                that question in 30 days from the date the 
                Secretary requires the question to be answered, 
                or does not make, prepare, or preserve that 
                record in the form and manner prescribed by the 
                Secretary, shall be liable to the United States 
                for a civil penalty in an amount not to exceed 
                $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; or
                  [(ii) who knowingly falsifies, destroys, 
                mutilates, or changes a required report or 
                record, knowingly files a false report with the 
                Secretary, knowingly makes or causes or permits 
                to be made a false or incomplete entry in that 
                record about an operation or business fact or 
                transaction, or knowingly makes, prepares, or 
                preserves a record in violation of a regulation 
                or order of the Secretary, shall be liable to 
                the United States for a civil penalty in an 
                amount not to exceed $5,000 for each violation, 
                if any such action can be shown to have 
                misrepresented a fact that constitutes a 
                violation other than a reporting or 
                recordkeeping violation.]
          (B) Recordkeeping and reporting violations.--A person 
        required to make a report to the Secretary, answer a 
        question, or make, prepare, or preserve a record under 
        section 504 of this title or under any regulation 
        issued by the Secretary pursuant to subchapter III of 
        chapter 311 (except sections 31138 and 31139) or 
        section 31502 of this title about transportation by 
        motor carrier, motor carrier of migrant workers, or 
        motor private carrier, or an officer, agent, or 
        employee of that person--
                  (i) who does not make that report, does not 
                specifically, completely, and truthfully answer 
                that question in 30 days from the date the 
                Secretary requires the question to be answered, 
                or does not make, prepare, or preserve that 
                record in the form and manner prescribed by the 
                Secretary, shall be liable to the United States 
                for a civil penalty in an amount not to exceed 
                $1,000 for each offense, and each day of the 
                violation shall constitute a separate offense, 
                except that the total of all civil penalties 
                assessed against any violator for all offenses 
                related to any single violation shall not 
                exceed $10,000; or
                  (ii) who knowingly falsifies, destroys, 
                mutilates, or changes a required report or 
                record, knowingly files a false report with the 
                Secretary, knowingly makes or causes or permits 
                to be made a false or incomplete entry in that 
                record about an operation or business fact or 
                transaction, or knowingly makes, prepares, or 
                preserves a record in violation of a regulation 
                or order of the Secretary, shall be liable to 
                the United States for a civil penalty in an 
                amount not to exceed $10,000 for each 
                violation, if any such action can be shown to 
                have misrepresented a fact that constitutes a 
                violation other than a reporting or 
                recordkeeping violation.
          (C) Violations pertaining to CDLS.--Any person who is 
        determined by the Secretary, after notice and 
        opportunity for a hearing, to have committed an act 
        which is a violation of section 31302, 31303, 31304, 
        31305(b), or 31310(g)(1)(A) of this title shall be 
        liable to the United States for a civil penalty not to 
        exceed $2,500 for each offense.
          (D) Determination of amount.--The amount of any civil 
        penalty, and a reasonable time for abatement of the 
        violation, shall by written order be determined by the 
        Secretary, taking into account the nature, 
        circumstances, extent, and gravity of the violation 
        committed and, with respect to the violator, the degree 
        of culpability, history of prior offenses, ability to 
        pay, effect on ability to continue to do business, and 
        such other matters as justice and public safety may 
        require. In each case, the assessment shall be 
        calculated to induce further compliance.
  (E) Copying of records and access to equipment, lands, and 
buildings.--A motor carrier subject to chapter 51 of subtitle 
III, a motor carrier, broker, or freight forwarder subject to 
part B of subtitle IV, or the owner or operator of a commercial 
motor vehicle subject to part B of subtitle VI of this title 
who fails to allow the Secretary, or an employee designated by 
the Secretary, promptly upon demand to inspect and copy any 
record or inspect and examine equipment, lands, buildings and 
other property in accordance with sections 504(c), 5121(c), and 
14122(b) of this title shall be liable to the United States for 
a civil penalty not to exceed $500 for each offense, and each 
day the Secretary is denied the right to inspect and copy any 
record or inspect and examine equipment, lands, buildings and 
other property shall constitute a separate offense, except that 
the total of all civil penalties against any violator for all 
offenses related to a single violation shall not exceed $5,000. 
It shall be a defense to such penalty that the records did not 
exist at the time of the Secretary's request or could not be 
timely produced without unreasonable expense or effort. Nothing 
herein amends or supersedes any remedy available to the 
Secretary under sections 502(d), 507(c), or other provision of 
this title.
  (3) The Secretary may require any violator served with a 
notice of violation to post a copy of such notice or statement 
of such notice in such place or places and for such duration as 
the Secretary may determine appropriate to aid in the 
enforcement of subchapter III of chapter 311 (except sections 
31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 
31502 of this title, as the case may be.
  (4) Such civil penalty may be recovered in an action brought 
by the Attorney General on behalf of the United States in the 
appropriate district court of the United States or, before 
referral to the Attorney General, such civil penalty may be 
compromised by the Secretary.
  (5)(A) If, upon inspection or investigtion, the Secretary 
determines that a violation of a provision of subchapter III of 
chapter 311 (except sections 31138 and 31139) or section 31302, 
31303, 31304, 31305(b), or 31502 of this title or a regulation 
issued under any of those provisions, or combination of such 
violations, poses an imminent hazard to safety, the Secretary 
shall order a vehicle or employee operating such vehicle out of 
service, or order an employer to cease all or part of the 
employer's commercial motor vehicle operations. In making any 
such order, the Secretary shall impose no restriction on any 
employee or employer beyond that required to abate the hazard. 
Subsequent to the issuance of the order, opportunity for review 
shall be provided in accordance with section 554 of title 5, 
except that such review shall occur not later than 10 days 
after issuance of such order.
  (B) In this paragraph, ``imminent hazard'' means any 
condition of vehicle, employee, or commercial motor vehicle 
operations which substantially increases the likelihood of 
serious injury or death if not discontinued immediately.
  (6) Criminal penalties.--
          (A) In general.--Any person who knowingly and 
        willfully violates any provision of subchapter III of 
        chapter 311 (except sections 31138 and 31139) or 
        section 31502 of this title, or a regulation issued 
        under any of those provisions shall, upon conviction, 
        be subject for each offense to a fine not to exceed 
        $25,000 or imprisonment for a term not to exceed one 
        year, or both, except that, if such violator is an 
        employee, the violator shall only be subject to penalty 
        if, while operating a commercial motor vehicle, the 
        violator's activities have led or could have led to 
        death or serious injury, in which case the violator 
        shall be subject, upon conviction, for a fine not to 
        exceed $2,500.
          (B) Violations pertaining to CDLS.--Any person who 
        knowingly and willfully violates--
                  (i) any provision of section 31302, 31303(b) 
                or (c), 31304, 31305(b), or 31310(g)(1)(A) of 
                this title or a regulation issued under such 
                section, or
                  (ii) with respect to notification of a 
                serious traffic violation as defined under 
                section 31301 of this title, any provision of 
                section 31303(a) of this title or a regulation 
                issued under section 31303(a), shall, upon 
                conviction, be subject for each offense to a 
                fine not to exceed $5,000 or imprisonment for a 
                term not to exceed 90 days, or both.
  (7) The Secretary shall issue regulations establishing 
penalty schedules designed to induce timely compliance for 
persons failing to comply promptly with the requirements set 
forth in any notices and orders under this subsection.
  (8) Prohibition on operation in interstate commerce after 
nonpayment of penalties.--
          (A) In general.--An owner or operator of a commercial 
        motor vehicle against whom a civil penalty is assessed 
        under this chapter or chapter 51, 149, or 311 of this 
        title and who does not pay such penalty or fails to 
        arrange and abide by an acceptable payment plan for 
        such civil penalty may not operate in interstate 
        commerce beginning on the 91st day after the date 
        specified by order of the Secretary for payment of such 
        penalty. This paragraph shall not apply to any person 
        who is unable to pay a civil penalty because such 
        person is a debtor in a case under chapter 11 of title 
        11, United States Code.
          (B) Regulations.--Not later than 12 months after the 
        date of the enactment of this paragraph, the Secretary, 
        after notice and an opportunity for public comment, 
        shall issue regulations setting forth procedures for 
        ordering commercial motor vehicle owners and operators 
        delinquent in paying civil penalties to cease 
        operations until payment has been made.
  (9) Any aggrieved person who, after a hearing, is adversely 
affected by a final order issued under this section may, within 
30 days, petition for review of the order in the United States 
Court of Appeals in the circuit wherein the violation is 
alleged to have occurred or where the violator has his 
principal place of business or residence, or in the United 
States Court of Appeals for the District of Columbia Circuit. 
Review of the order shall be based on a determination of 
whether the Secretary's findings and conclusions were supported 
by substantial evidence, or were otherwise not in accordance 
with law. No objection that has not been urged before the 
Secretary shall be considered by the court, unless reasonable 
grounds existed for failure or neglect to do so. The 
commencement of proceedings under this subsection shall not, 
unless ordered by the court, operate as a stay of the order of 
the Secretary.
  (10) All penalties and fines collected under this section 
shall be deposited into the Highway Trust Fund (other than the 
Mass Transit Account).
  (11) In any action brought under this section, process may be 
served without regard to the territorial limits of the district 
of the State in which the action is brought.
  (12) In any proceeding for criminal contempt for violation of 
an injunction or restraining order issued under this section, 
trial shall be by the court, or, upon demand of the accused, by 
a jury, conducted in accordance with the provisions of rule 
42(b) of the Federal Rules of Criminal Procedure.
  (13) The provisions of this subsection shall not affect 
chapter 51 of this title or any regulation promulgated by the 
Secretary under chapter 51.
  (14) As used in this subsection, the terms ``commercial motor 
vehicle'', ``employee'', ``employer'', and ``State'' have the 
meaning such terms have under section 31132 of this title.

             SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS

            CHAPTER 51. TRANSPORTATION OF HAZARDOUS MATERIAL

Sec. 5101. Purpose

  [The purpose of this chapter is to provide adequate 
protection against the risks to life and property inherent in 
the transportation of hazardous material in commerce by 
improving the regulatory and enforcement authority of the 
Secretary of Transportation.]
  The purpose of this chapter is to protect against the risks 
to life, property, and the environment that are inherent in the 
transportation of hazardous material in intrastate, interstate, 
and foreign commerce.

Sec. 5102. Definitions

  In this chapter--
          (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; [or]
                  (B) that affects trade or transportation 
                between a place in a State and a place outside 
                of the [State.] State; or
                  (C) on a United States-registered aircraft.
          (2) ``hazardous material'' means a substance or 
        material the Secretary of Transportation designates 
        under section 5103(a) of this title.
          [(3) ``hazmat employee''--
                  [(A) means an individual--
                          [(i) employed by a hazmat employer; 
                        and
                          [(ii) who during the course of 
                        employment directly affects hazardous 
                        material transportation safety as the 
                        Secretary decides by regulation;
                  [(B) includes an owner-operator of a motor 
                vehicle transporting hazardous material in 
                commerce; and
                  [(C) includes an individual, employed by a 
                hazmat employer, who during the course of 
                employment--
                          [(i) loads, unloads, or handles 
                        hazardous material;
                          [(ii) manufactures, reconditions, or 
                        tests containers, drums, and packagings 
                        represented as qualified for use in 
                        transporting hazardous material;
                          [(iii) prepares hazardous material 
                        for transportation;
                          [(iv) is responsible for the safety 
                        of transporting hazardous material; or
                          [(v) operates a vehicle used to 
                        transport hazardous material.]
          (3) ``hazmat employee'' means an individual--
                  (A) who--
                          (i) is employed or used by a hazmat 
                        employer; or
                          (ii) is self-employed, including an 
                        owner-operator of a motor vehicle, 
                        vessel, or aircraft, transporting 
                        hazardous material in commerce; and
                  (B) who performs a function regulated by the 
                Secretary under section 5103(b)(1) of this 
                title.
          [(4) ``hazmat employer''--
                  [(A) means a person using at least one 
                employee of that person 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, and 
                        packagings represented as qualified for 
                        use in transporting hazardous material;
                  [(B) includes an owner-operator of a motor 
                vehicle transporting hazardous material in 
                commerce; and
                  [(C) includes a department, agency, or 
                instrumentality of the United States 
                Government, or an authority of a State, 
                political subdivision of a State, or Indian 
                tribe, carrying out an activity described in 
                subclause (A)(i), (ii), or (iii) of this clause 
                (4).]
          (4) ``hazmat employer'' means a person--
                  (A) who--
                          (i) employs or uses at least 1 hazmat 
                        employee; or
                          (ii) is self-employed, including an 
                        owner-operator of a motor vehicle, 
                        vessel, or aircraft, transporting 
                        hazardous material in commerce; and
                  (B) who performs, or employs or uses at least 
                1 hazmat employee to perform, a function 
                regulated by the Secretary under section 
                5103(b)(1) of this title.
          (5) ``imminent hazard'' means the existence of a 
        condition relating to hazardous material that presents 
        a substantial likelihood that death, serious illness, 
        severe personal injury, or a substantial endangerment 
        to health, property, or the environment may occur 
        before the reasonably foreseeable completion date of a 
        formal proceeding begun to lessen the risk of that 
        death, illness, injury, or endangerment.
          (6) ``Indian tribe'' has the same meaning given that 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
          [(7) ``motor carrier'' means a motor carrier, motor 
        private carrier, and freight forwarder as those terms 
        are defined in section 13102 of this title.]
          (7) ``motor carrier''--
                  (A) means a motor carrier, motor private 
                carrier, and freight forwarder as those terms 
                are defined in section 13102 of this title; but
                  (B) does not include a freight forwarder, as 
                so defined, if the freight forwarder is not 
                performing a function relating to highway 
                transportation.
          (8) [``national response team''] ``National Response 
        Team'' means the [national response team] ``National 
        Response Team'' established under the [national 
        contingency plan] National Contingency Plan established 
        under section 105 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 
        U.S.C. 9605).
          (9) ``person'', in addition to its meaning under 
        section 1 of title 1--
                  (A) includes a government, Indian tribe, or 
                authority of a government or tribe [offering 
                hazardous material for transportation in 
                commerce or transporting hazardous material to 
                further a commercial enterprise; but]
                that--
                          (i) offers hazardous material for 
                        transportation in commerce;
                          (ii) transports hazardous material to 
                        further a commercial enterprise; or
                          (iii) manufactures, designs, 
                        inspects, tests, reconditions, marks, 
                        or repairs a packaging or packaging 
                        component that is represented as 
                        qualified for use in transporting 
                        hazardous material in commerce; but
                  (B) does not include--
                          (i) the United States Postal Service; 
                        and
                          (ii) in sections 5123 and 5124 of 
                        this title, a department, agency, or 
                        instrumentality of the Government.
          (10) ``public sector employee''--
                  (A) means an individual employed by a State, 
                political subdivision of a State, or Indian 
                tribe and who during the course of employment 
                has responsibilities related to responding to 
                an accident or incident involving the 
                transportation of hazardous material;
                  (B) includes an individual employed by a 
                State, political subdivision of a State, or 
                Indian tribe as a firefighter or law 
                enforcement officer; and
                  (C) includes an individual who volunteers to 
                serve as a firefighter for a State, political 
                subdivision of a State, or Indian tribe.
          (11) ``Secretary'' means the Secretary of 
        Transportation except as otherwise provided.
          [(11)] (12) ``State'' means--
                  (A) except in section 5119 of this title, a 
                State of the United States, the District of 
                Columbia, Puerto Rico, the Northern Mariana 
                Islands, the Virgin Islands, American Samoa, 
                Guam, and any other territory or possession of 
                the United States designated by the Secretary; 
                and
                  (B) in section 5119 of this title, a State of 
                the United States and the District of Columbia.
          [(12)] (13) ``transports'' or ``transportation'' 
        means the movement of property and loading, unloading, 
        or storage incidental to the movement.
          [(13)] (14) ``United States'' means all of the 
        States.

Sec. 5103. General regulatory authority

  (a) Designating material as hazardous.--The Secretary [of 
Transportation] shall designate material (including an 
explosive, radioactive material, [etiologic agent, flammable or 
combustible liquid or solid, poison, oxidizing or corrosive 
material,] infectious substance, flammable or combustible 
liquid, solid, or gas, toxic, oxidizing, or corrosive material, 
and compressed gas) or a group or class of material as 
hazardous when the Secretary [decides] determines that 
transporting the material in commerce in a particular amount 
and form may pose an unreasonable risk to health and safety or 
property.
  (b) Regulations for safe transportation.--
          (1) The Secretary shall prescribe regulations for the 
        safe transportation, including security, of hazardous 
        material in intrastate, interstate, and foreign 
        commerce. The regulations--
                  [(A) apply to a person--
                          [(i) transporting hazardous material 
                        in commerce;
                          [(ii) causing hazardous material to 
                        be transported in commerce; or
                          [(iii) manufacturing, fabricating, 
                        marking, maintaining, reconditioning, 
                        repairing, or testing a packaging or a 
                        container that is represented, marked, 
                        certified, or sold by that person as 
                        qualified for use in transporting 
                        hazardous material in commerce; and]
                  (A) apply to a person who--
                          (i) transports hazardous material in 
                        commerce;
                          (ii) causes hazardous material to be 
                        transported in commerce;
                          (iii) manufactures, designs, 
                        inspects, tests, reconditions, marks, 
                        or repairs a packaging or packaging 
                        component that is represented as 
                        qualified for use in transporting 
                        hazardous material in commerce;
                          (iv) prepares or accepts hazardous 
                        material for transportation in 
                        commerce;
                          (v) is responsible for the safety of 
                        transporting hazardous material in 
                        commerce;
                          (vi) certifies compliance with any 
                        requirement under this chapter;
                          (vii) misrepresents whether such 
                        person is engaged in any activity under 
                        clause (i) through (vi) of this 
                        subparagraph; or
                          (viii) performs any other act or 
                        function relating to the transportation 
                        of hazardous material in commerce; and
                  (B) shall govern safety aspects, including 
                security, of the transportation of hazardous 
                material the Secretary considers appropriate.
                  [(C) Consultation.--When prescribing a 
                security regulation or issuing a security order 
                that affects the safety of the transportation 
                of hazardous material, the Secretary of 
                Homeland Security shall consult with the 
                Secretary.]
          (2) A proceeding to prescribe the regulations must be 
        conducted under section 553 of title 5, including an 
        opportunity for informal oral presentation.
  (c) Consultation.--When prescribing a security regulation or 
issuing a security order that affects the safety of the 
transportation of hazardous material, the Secretary of Homeland 
Security shall consult with the Secretary of Transportation.

Sec. 5103a. Limitation on issuance of hazmat licenses

  (a) Limitation.--
          (1) Issuance of licenses.--A State may not issue to 
        any individual a license to operate a motor vehicle 
        transporting in commerce a hazardous material unless 
        the Secretary [of Transportation] of Homeland Security 
        has first determined, upon receipt of a notification 
        under [subsection (c)(1)(B),] subsection (d)(1)(B), 
        that the individual does not pose a security risk 
        warranting denial of the license.
          (2) Renewals included.--For the purposes of this 
        section, the term ``issue'', with respect to a license, 
        includes renewal of the license.
  (b) Hazardous materials described. The limitation in 
subsection (a) shall apply [with respect to--
          [(1) any material defined as a hazardous material by 
        the Secretary of Transportation; and
          [(2) any chemical or biological material or agent 
        determined by the Secretary of Health and Human 
        Services or the Attorney General as being a threat to 
        the national security of the United States.] with 
        respect to any material defined as hazardous material 
        by the Secretary for which the Secretary requires 
        placarding of a commercial motor vehicle transporting 
        that material in commerce.
  (c) Recommendations on Chemical and Biological Materials.--
The Secretary of Health and Human Services shall recommend to 
the Secretary any chemical or biological material or agent for 
regulation as a hazardous material under section 5103(a) of 
this title if the Secretary of Health and Human Services 
determines that such material or agent is a threat to the 
national security of the United States.
  [(c)] (d) Background records check.--
          (1) In general.--Upon the request of a State 
        regarding issuance of a license described in subsection 
        (a)(1) to an individual, the Attorney General--
                  (A) shall carry out a background records 
                check regarding the individual; and
                  (B) upon completing the background records 
                check, shall notify the Secretary [of 
                Transportation] of Homeland Security of the 
                completion and results of the background 
                records check.
          (2) Scope.--A background records check regarding an 
        individual under this subsection shall consist of the 
        following:
                  (A) A check of the relevant criminal history 
                data bases.
                  (B) In the case of an alien, a check of the 
                relevant data bases to determine the status of 
                the alien under the immigration laws of the 
                United States.
                  (C) As appropriate, a check of the relevant 
                international data bases through Interpol-U.S. 
                National Central Bureau or other appropriate 
                means.
  [(d)] (e) Reporting requirement.--Each State shall submit to 
the Secretary [of Transportation] of Homeland Security, at such 
time and in such manner as the Secretary may prescribe, the 
name, address, and such other information as the Secretary may 
require, concerning--
          (1) each alien to whom the State issues a license 
        described in subsection (a); and
          (2) each other individual to whom such a license is 
        issued, as the Secretary may require.
  [(e)] (f) Alien defined.--In this section, the term ``alien'' 
has the meaning given the term in section 101(a)(3) of the 
Immigration and Nationality Act.

Sec. 5104. Representation and tampering

  (a) Representation.--A person may represent, by marking or 
otherwise, that--
          (1) [a container, package, or packaging (or a 
        component of a container, package, or packaging) for] a 
        package, component of a package, or packaging for 
        transporting hazardous material is safe, certified, or 
        complies with this chapter only if [the container, 
        package, or packaging (or a component of a container, 
        package, or packaging) meets] the package, component of 
        a package, or packaging meets  the requirements of each 
        applicable regulation prescribed under this chapter; or
          (2) hazardous material is present in a package, 
        container, motor vehicle, rail freight car, aircraft, 
        or vessel only if the material is present.
  (b) Tampering.--A person may [not] not, without authorization 
from the owner or custodian, alter, remove, destroy, or 
otherwise tamper [unlawfully] with--
          (1) a marking, label, placard, or description on a 
        document required under this chapter or a regulation 
        prescribed under this chapter; or
          (2) a package, component of a package, or packaging,  
        container, motor vehicle, rail freight car, aircraft, 
        or vessel used to transport hazardous material.

Sec. 5105. Transporting certain highly radioactive material

  (a) Definitions.--In this section, ``high-level radioactive 
waste'' and ``spent nuclear fuel'' have the same meanings given 
those terms in section 2 of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101).
  (b) Transportation safety study.--In consultation with the 
Secretary of Energy, the Nuclear Regulatory Commission, 
potentially affected States and Indian tribes, representatives 
of the rail transportation industry, and shippers of high-level 
radioactive waste and spent nuclear fuel, the Secretary of 
Transportation shall conduct a study comparing the safety of 
using trains operated only to transport high-level radioactive 
waste and spent nuclear fuel with the safety of using other 
methods of rail transportation for transporting that waste and 
fuel. The Secretary of Transportation shall submit to Congress 
not later than November 16, 1991, a report on the results of 
the study.
  (c) Safe rail transportation regulations.--Not later than 
November 16, 1992, after considering the results of the study 
conducted under subsection (b) of this section, the Secretary 
of Transportation shall prescribe amendments to existing 
regulations that the Secretary considers appropriate to provide 
for the safe rail transportation of high-level radioactive 
waste and spent nuclear fuel, including trains operated only 
for transporting high-level radioactive waste and spent nuclear 
fuel.
  [(d) Routes and modes study.--Not later than November 16, 
1991, the Secretary of Transportation shall conduct a study to 
decide which factors, if any, shippers and carriers should 
consider when selecting routes and modes that would enhance 
overall public safety related to the transportation of high-
level radioactive waste and spent nuclear fuel. The study shall 
include--
          [(1) notice and opportunity for public comment; and
          [(2) an assessment of the degree to which at least 
        the following affect the overall public safety of the 
        transportation:
                  [(A) population densities.
                  [(B) types and conditions of modal 
                infrastructures (including highways, railbeds, 
                and waterways).
                  [(C) quantities of high-level radioactive 
                waste and spent nuclear fuel.
                  [(D) emergency response capabilities.
                  [(E) exposure and other risk factors.
                  [(F) terrain considerations.
                  [(G) continuity of routes.
                  [(H) available alternative routes.
                  [(I) environmental impact factors.
  [(e) Inspections of motor vehicles transporting certain 
material.--
          [(1) Not later than November 16, 1991, the Secretary 
        of Transportation shall require by regulation that 
        before each use of a motor vehicle to transport a 
        highway-route-controlled quantity of radioactive 
        material in commerce, the vehicle shall be inspected 
        and certified as complying with this chapter and 
        applicable United States motor carrier safety laws and 
        regulations. The Secretary may require that the 
        inspection be carried out by an authorized United 
        States Government inspector or according to appropriate 
        State procedures.
          [(2) The Secretary of Transportation may allow a 
        person, transporting or causing to be transported a 
        highway-route-controlled quantity of radioactive 
        material, to inspect the motor vehicle used to 
        transport the material and to certify that the vehicle 
        complies with this chapter. The inspector qualification 
        requirements the Secretary prescribes for an individual 
        inspecting a motor vehicle apply to an individual 
        conducting an inspection under this paragraph.]

Sec. 5106. Handling criteria

  The Secretary of Transportation may prescribe criteria for 
handling hazardous material, including--
          (1) a minimum number of personnel;
          (2) minimum levels of training and qualifications for 
        personnel;
          (3) the kind and frequency of inspections;
          (4) equipment for detecting, warning of, and 
        controlling risks posed by the hazardous material;
          (5) specifications for the use of equipment and 
        facilities used in handling and transporting the 
        hazardous material; and
          (6) a system of monitoring safety procedures for 
        transporting the hazardous material.

Sec. 5107. Hazmat employee training requirements and grants

  (a) Training requirements.--The Secretary [of Transportation] 
shall prescribe by regulation requirements for training that a 
hazmat employer must give hazmat employees of the employer on 
the safe loading, unloading, handling, storing, and 
transporting of hazardous material and emergency preparedness 
for responding to an accident or incident involving the 
transportation of hazardous material. The regulations--
          (1) shall establish the date, as provided by 
        subsection (b) of this section, by which the training 
        shall be completed; and
          (2) may provide for different training for different 
        classes or categories of hazardous material and hazmat 
        employees.
  (b) Beginning and completing training.--A hazmat employer 
shall begin the training of hazmat employees of the employer 
not later than 6 months after the Secretary [of Transportation] 
prescribes the regulations under subsection (a) of this 
section. The training shall be completed within a reasonable 
period of time after--
          (1) 6 months after the regulations are prescribed; or
          (2) the date on which an individual is to begin 
        carrying out a duty or power of a hazmat employee if 
        the individual is employed as a hazmat employee after 
        the 6-month period.
  (c) Certification of training.--After completing the 
training, each hazmat employer shall certify, with 
documentation the Secretary [of Transportation] may require by 
regulation, that the hazmat employees of the employer have 
received training and have been tested on appropriate 
transportation areas of responsibility, including at least one 
of the following:
          (1) recognizing and understanding the Department of 
        Transportation hazardous material classification 
        system.
          (2) the use and limitations of the Department 
        hazardous material placarding, labeling, and marking 
        systems.
          (3) general handling procedures, loading and 
        unloading techniques, and strategies to reduce the 
        probability of release or damage during or incidental 
        to transporting hazardous material.
          (4) health, safety, and risk factors associated with 
        hazardous material and the transportation of hazardous 
        material.
          (5) appropriate emergency response and communication 
        procedures for dealing with an accident or incident 
        involving hazardous material transportation.
          (6) the use of the Department Emergency Response 
        Guidebook and recognition of its limitations or the use 
        of equivalent documents and recognition of the 
        limitations of those documents.
          (7) applicable hazardous material transportation 
        regulations.
          (8) personal protection techniques.
          (9) preparing a shipping document for transporting 
        hazardous material.
  (d) Coordination of training requirements.--In consultation 
with the Administrator of the Environmental Protection Agency 
and the Secretary of Labor, the Secretary of Transportation 
shall ensure that the training requirements prescribed under 
this section do not conflict with or duplicate--
          (1) the requirements of regulations the Secretary of 
        Labor prescribes related to hazard communication, and 
        hazardous waste operations, and emergency response that 
        are contained in part 1910 of title 29, Code of Federal 
        Regulations; and
          (2) the regulations the Agency prescribes related to 
        worker protection standards for hazardous waste 
        operations that are contained in part 311 of title 40, 
        Code of Federal Regulations.
  (e) Training grants.--The Secretary shall, subject to the 
availability of funds under [section 5127(c)(3),] section 
5128(b)(1) of this title, make grants for training instructors 
to train hazmat employees and, to the extent determined 
appropriate by the Secretary, grants for such instructors to 
train hazmat employees under this section. A grant under this 
subsection shall be made to a nonprofit hazmat employee 
organization that demonstrates--
          (1) expertise in conducting a training program for 
        hazmat employees; and
          (2) the ability to reach and involve in a training 
        program a target population of hazmat employees.
  (f) Relationship to other laws.--
          (1) Chapter 35 of title 44 does not apply to an 
        activity of the Secretary of Transportation under 
        subsections (a)-(d) of this section.
          (2) An action of the Secretary of Transportation 
        under subsections (a)-(d) of this section and sections 
        5106, 5108(a)-(g)(1) and (h), and 5109 of this title is 
        not an exercise, under section 4(b)(1) of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 
        653(b)(1)), of statutory authority to prescribe or 
        enforce standards or regulations affecting occupational 
        safety or health.
  (g) Existing effort.--No grant under subsection (e) shall 
supplant or replace existing employer-provided hazardous 
materials training efforts or obligations.

Sec. 5108. Registration

  (a) Persons required to file.--
          (1) A person shall file a registration statement with 
        the Secretary [of Transportation] under this subsection 
        if the person is transporting or causing to be 
        transported in commerce any of the following:
                  (A) a highway-route-controlled quantity of 
                radioactive material.
                  (B) more than 25 kilograms of a [class A or B 
                explosive] Division 1.1, 1.2, or 1.3 explosive 
                material in a motor vehicle, rail car, or 
                transport container.
                  (C) more than one liter in each package of a 
                hazardous material the Secretary designates as 
                extremely toxic by inhalation.
                  (D) hazardous material in a bulk packaging, 
                container, or tank, as defined by the 
                Secretary, if the bulk packaging, container, or 
                tank has a capacity of at least 3,500 gallons 
                or more than 468 cubic feet.
                  (E) a shipment of at least 5,000 pounds 
                (except in a bulk packaging) of a class of 
                hazardous material for which placarding of a 
                vehicle, rail car, or freight container is 
                required under regulations prescribed under 
                this chapter.
          (2) The Secretary [of Transportation] may require any 
        of the following persons to file a registration 
        statement with the Secretary under this subsection:
                  (A) a person transporting or causing to be 
                transported hazardous material in commerce and 
                not required to file a registration statement 
                under paragraph (1) of this subsection.
                  [(B) a person manufacturing, fabricating, 
                marking, maintaining, reconditioning, 
                repairing, or testing a package or container 
                the person represents, marks, certifies, or 
                sells for use in transporting in commerce 
                hazardous material the Secretary designates.]
          (B) a person manufacturing, designing, inspecting, 
        testing, reconditioning, marking, or repairing a 
        package or packaging component that is represented as 
        qualified for use in transporting hazardous material in 
        commerce.
          (3) A person required to file a registration 
        statement under this subsection may transport or cause 
        to be transported, or manufacture, [fabricate, mark, 
        maintain, recondition, repair, or test a package or] 
        design, inspect, test, recondition, mark, or repair a 
        package, packaging component, or container for use in 
        transporting, hazardous material, only if the person 
        has a statement on file as required by this subsection.
          (4) The Secretary may waive the filing of a 
        registration statement, or the payment of a fee, 
        required under this subsection, or both, for any person 
        not domiciled in the United States who solely offers 
        hazardous materials for transportation to the United 
        States from a place outside the United States if the 
        country of which such person is a domiciliary does not 
        require persons domiciled in the United States who 
        solely offer hazardous materials for transportation to 
        the foreign country from places in the United States to 
        file registration statements, or to pay fees, for 
        making such an offer.
  (b) Form, contents, and limitation on filings.--
          (1) A registration statement under subsection (a) of 
        this section shall be in the form and contain 
        information the Secretary of Transportation requires by 
        regulation. The Secretary may use existing forms of the 
        Department of Transportation and the Environmental 
        Protection Agency to carry out this subsection. The 
        statement shall include--
                  (A) the name and principal place of business 
                of the registrant;
                  (B) a description of each activity the 
                registrant carries out for which filing a 
                statement under subsection (a) of this section 
                is required; and
                  (C) each State in which the person carries 
                out [the activity.] any of the activities.
          (2) A person carrying out more than one activity, or 
        an activity at more than one location, for which filing 
        is required only has to file one registration statement 
        to comply with subsection (a) of this section.
  [(c) Filing deadlines and amendments.--
          [(1) Each person required to file a registration 
        statement under subsection (a) of this section must 
        file the first statement not later than March 31, 1992. 
        The Secretary of Transportation may extend that date to 
        September 30, 1992, for activities referred to in 
        subsection (a)(1) of this section. A person shall renew 
        the statement periodically consistent with regulations 
        the Secretary prescribes, but not more than once each 
        year and not less than once every 5 years.
          [(2) The Secretary [of Transportation] shall decide 
        by regulation when and under what circumstances a 
        registration statement must be amended and the 
        procedures to follow in amending the statement.]
  (c) Filing.--Each person required to file a registration 
statement under subsection (a) of this section shall file the 
statement in accordance with regulations prescribed by the 
Secretary.
  (d) Simplifying the registration process.--The Secretary [of 
Transportation] may take necessary action to simplify the 
registration process under subsections (a)-(c) of this section 
and to minimize the number of applications, documents, and 
other information a person is required to file under this 
chapter and other laws of the United States.
  (e) Cooperation with Administrator.--The Administrator of the 
Environmental Protection Agency shall assist the Secretary [of 
Transportation] in carrying out subsections (a)-(g)(1) and (h) 
of this section by providing the Secretary with information the 
Secretary requests to carry out the objectives of subsections 
(a)-(g)(1) and (h).
  (f) Availability of statements.--The Secretary [of 
Transportation] shall make a registration statement filed under 
subsection (a) of this section available for inspection by any 
person for a fee the Secretary establishes. However, this 
subsection does not require the release of information 
described in section 552(b) of title 5 or otherwise protected 
by law from disclosure to the public.
  (g) Fees.--
          (1) The Secretary [of Transportation may establish,] 
        shall establish, impose, and collect from a person 
        required to file a registration statement under 
        subsection (a) of this section a fee necessary to pay 
        for the costs of the Secretary in processing the 
        statement.
          (2)(A) In addition to a fee established under 
        paragraph (1) of this subsection, the Secretary [of 
        Transportation] shall establish and impose by 
        regulation and collect an annual fee. Subject to 
        subparagraph (B) of this paragraph, the fee shall be at 
        least $250 but not more than [$5,000] $2,000 from each 
        person required to file a registration statement under 
        this section. The Secretary shall determine the amount 
        of the fee under this paragraph on at least one of the 
        following:
                  (i) gross revenue from transporting hazardous 
                material.
                  (ii) the type of hazardous material 
                transported or caused to be transported.
                  (iii) the amount of hazardous material 
                transported or caused to be transported.
                  (iv) the number of shipments of hazardous 
                material.
                  (v) the number of activities that the person 
                carries out for which filing a registration 
                statement is required under this section.
                  (vi) the threat to property, individuals, and 
                the environment from an accident or incident 
                involving the hazardous material transported or 
                caused to be transported.
                  (vii) the percentage of gross revenue derived 
                from transporting hazardous material.
                  (viii) the amount to be made available to 
                carry out sections 5108(g)(2), 5115, and 5116 
                of this title.
                  (ix) other factors the Secretary considers 
                appropriate.
          (B) The Secretary [of Transportation] shall adjust 
        the amount being collected under this paragraph to 
        reflect any unexpended balance in the account 
        established under section 5116(i) of this title. 
        However, the Secretary is not required to refund any 
        fee collected under this paragraph.
          (C) The Secretary [of Transportation] shall transfer 
        to the Secretary of the Treasury amounts the Secretary 
        [of Transportation] collects under this paragraph for 
        deposit in [the account the Secretary of the Treasury 
        establishes] the Emergency Response Fund established 
        under section 5116(i) of this title.
  (h) Maintaining proof of filing and payment of fees.--The 
Secretary [of Transportation] may prescribe regulations 
requiring a person required to file a registration statement 
under subsection (a) of this section to maintain proof of the 
filing and payment of fees imposed under subsection (g) of this 
section.
  (i) Relationship to other laws.--
          (1) Chapter 35 of title 44 does not apply to an 
        activity of the Secretary [of Transportation] under 
        subsections (a)-(g)(1) and (h) of this section.
          (2)(A) This section does not apply to an employee of 
        a hazmat employer.
          (B) Subsections (a)-(h) of this section do not apply 
        to a department, agency, or instrumentality of the 
        United States Government, an authority of a State or 
        political subdivision of a State, an Indian tribe, or 
        an employee of a department, agency, instrumentality, 
        or authority carrying out official duties.

                             * * * * * * *

Sec. 5110. Shipping papers and disclosure

  (a) Providing shipping papers.--Each person offering for 
transportation in commerce hazardous material to which the 
shipping paper requirements of the Secretary [of 
Transportation] apply shall provide to the carrier providing 
the transportation a shipping paper that makes the disclosures 
the Secretary prescribes [under subsection (b) of this 
section.] in regulations.
  [(b) Considerations and requirements.--In carrying out 
subsection (a) of this section, the Secretary shall consider 
and may require--
          [(1) a description of the hazardous material, 
        including the proper shipping name;
          [(2) the hazard class of the hazardous material;
          [(3) the identification number (UN/NA) of the 
        hazardous material;
          [(4) immediate first action emergency response 
        information or a way for appropriate reference to the 
        information (that must be available immediately); and
          [(5) a telephone number for obtaining more specific 
        handling and mitigation information about the hazardous 
        material at any time during which the material is 
        transported.]
  [(c)] (b) Keeping shipping papers on the vehicle.--
          (1) A motor carrier, and the person offering the 
        hazardous material for transportation if a private 
        motor carrier, shall keep the shipping paper on the 
        vehicle transporting the material.
          (2) Except as provided in paragraph (1) of this 
        subsection, the shipping paper shall be kept in a 
        location the Secretary specifies in a motor vehicle, 
        train, vessel, aircraft, or facility until--
                  (A) the hazardous material no longer is in 
                transportation; or
                  (B) the documents are made available to a 
                representative of a department, agency, or 
                instrumentality of the United States Government 
                or a State or local authority responding to an 
                accident or incident involving the motor 
                vehicle, train, vessel, aircraft, or facility.
  [(d)] (c) Disclosure to emergency response authorities.--When 
an incident involving hazardous material being transported in 
commerce occurs, the person transporting the material, 
immediately on request of appropriate emergency response 
authorities, shall disclose to the authorities information 
about the material.
  [(e)] (d) Retention of papers.--[After the hazardous material 
to which a shipping paper provided to a carrier under 
subsection (a) applies is no longer in transportation, the 
person who provided the shipping paper and the carrier required 
to maintain it under subsection (a) shall retain the paper or 
electronic image thereof for a period of 1 year to be 
accessible through their respective principal places of 
business.] The person who provides the shipping paper, and the 
carrier required to keep it, under this section shall retain 
the paper, or an electronic format of it, for a period of 3 
years after the date the shipping paper is provided to the 
carrier, with the paper and format to be accessible through 
their respective principal places of business. Such person and 
carrier shall, upon request, make the shipping paper available 
to a Federal, State, or local government agency at reasonable 
times and locations.

Sec. [5111. Rail tank cars

  [A rail tank car built before January 1, 1971, may be used to 
transport hazardous material in commerce only if the air brake 
equipment support attachments of the car comply with the 
standards for attachments contained in sections 179.100-16 and 
179.200-19 of title 49, Code of Federal Regulations, in effect 
on November 16, 1990.]

Sec. 5112. Highway routing of hazardous material

  (a) Application.--
          (1) This section applies to a motor vehicle only if 
        the vehicle is transporting hazardous material in 
        commerce for which placarding of the vehicle is 
        required under regulations prescribed under this 
        chapter. [However, the Secretary of Transportation] The 
        Secretary by regulation may extend application of this 
        section or a standard prescribed under subsection (b) 
        of this section to--
                  (A) any use of a vehicle under this paragraph 
                to transport any hazardous material in 
                commerce; and
                  (B) any motor vehicle used to transport 
                hazardous material in commerce.
          (2) Except as provided by subsection (d) of this 
        section and section 5125(c) of this title, each State 
        and Indian tribe may establish, maintain, and enforce--
                  (A) designations of specific highway routes 
                over which hazardous material may and may not 
                be transported by motor vehicle; and
                  (B) limitations and requirements related to 
                highway routing.
  (b) Standards for States and Indian tribes.--
          (1) The Secretary, in consultation with the States, 
        shall prescribe by regulation standards for States and 
        Indian tribes to use in carrying out subsection (a) of 
        this section. The standards shall include--
                  (A) a requirement that a highway routing 
                designation, limitation, or requirement of a 
                State or Indian tribe shall enhance public 
                safety in the area subject to the jurisdiction 
                of the State or tribe and in areas of the 
                United States not subject to the jurisdiction 
                of the State or tribe and directly affected by 
                the designation, limitation, or requirement;
                  (B) minimum procedural requirements to ensure 
                public participation when the State or Indian 
                tribe is establishing a highway routing 
                designation, limitation, or requirement;
                  (C) a requirement that, in establishing a 
                highway routing designation, limitation, or 
                requirement, a State or Indian tribe consult 
                with appropriate State, local, and tribal 
                officials having jurisdiction over areas of the 
                United States not subject to the jurisdiction 
                of that State or tribe establishing the 
                designation, limitation, or requirement and 
                with affected industries;
                  (D) a requirement that a highway routing 
                designation, limitation, or requirement of a 
                State or Indian tribe shall ensure through 
                highway routing for the transportation of 
                hazardous material between adjacent areas;
                  (E) a requirement that a highway routing 
                designation, limitation, or requirement of one 
                State or Indian tribe affecting the 
                transportation of hazardous material in another 
                State or tribe may be established, maintained, 
                and enforced by the State or tribe establishing 
                the designation, limitation, or requirement 
                only if--
                          (i) the designation, limitation, or 
                        requirement is agreed to by the other 
                        State or tribe within a reasonable 
                        period or is approved by the Secretary 
                        under subsection (d) of this section; 
                        and
                          (ii) the designation, limitation, or 
                        requirement is not an unreasonable 
                        burden on commerce;
                  (F) a requirement that establishing a highway 
                routing designation, limitation, or requirement 
                of a State or Indian tribe be completed in a 
                timely way;
                  (G) a requirement that a highway routing 
                designation, limitation, or requirement of a 
                State or Indian tribe provide reasonable routes 
                for motor vehicles transporting hazardous 
                material to reach terminals, facilities for 
                food, fuel, repairs, and rest, and places to 
                load and unload hazardous material;
                  (H) a requirement that a State be 
                responsible--
                          (i) for ensuring that political 
                        subdivisions of the State comply with 
                        standards prescribed under this 
                        subsection in establishing, 
                        maintaining, and enforcing a highway 
                        routing designation, limitation, or 
                        requirement; and
                          (ii) for resolving a dispute between 
                        political subdivisions; and
                  (I) a requirement that, in carrying out 
                subsection (a) of this section, a State or 
                Indian tribe shall consider--
                          (i) population densities;
                          (ii) the types of highways;
                          (iii) the types and amounts of 
                        hazardous material;
                          (iv) emergency response capabilities;
                          (v) the results of consulting with 
                        affected persons;
                          (vi) exposure and other risk factors;
                          (vii) terrain considerations;
                          (viii) the continuity of routes;
                          (ix) alternative routes;
                          (x) the effects on commerce;
                          (xi) delays in transportation; and
                          (xii) other factors the Secretary 
                        considers appropriate.
          (2) The Secretary may not assign a specific weight 
        that a State or Indian tribe shall use when considering 
        the factors under paragraph (1)(I) of this subsection.
  (c) List of route designations.--In coordination with the 
States, the Secretary shall update and publish periodically a 
list of currently effective hazardous material highway route 
designations.
  (d) Dispute resolution.--
          (1) The Secretary shall prescribe regulations for 
        resolving a dispute related to through highway routing 
        or to an agreement with a proposed highway route 
        designation, limitation, or requirement between or 
        among States, political subdivisions of different 
        States, or Indian tribes.
          (2) A State or Indian tribe involved in a dispute 
        under this subsection may petition the Secretary to 
        resolve the dispute. The Secretary shall resolve the 
        dispute not later than one year after receiving the 
        petition. The resolution shall provide the greatest 
        level of highway safety without being an unreasonable 
        burden on commerce and shall ensure compliance with 
        standards prescribed under subsection (b) of this 
        section.
          (3)(A) After a petition is filed under this 
        subsection, a civil action about the subject matter of 
        the dispute may be brought in a court only after the 
        earlier of--
                  (i) the day the Secretary issues a final 
                decision; or
                  (ii) the last day of the one-year period 
                beginning on the day the Secretary receives the 
                petition.
          (B) A State or Indian tribe adversely affected by a 
        decision of the Secretary under this subsection may 
        bring a civil action for judicial review of the 
        decision in an appropriate district court of the United 
        States not later than 89 days after the day the 
        decision becomes final.
  (e) Relationship to other laws.--This section and regulations 
prescribed under this section do not affect sections 31111 and 
31113 of this title or section 127 of title 23.
  (f) Existing radioactive material routing regulations.--The 
Secretary is not required to amend or again prescribe 
regulations related to highway routing designations over which 
radioactive material may and may not be transported by motor 
vehicles, and limitations and requirements related to the 
routing, that were in effect on November 16, 1990.

Sec. 5113. Unsatisfactory safety rating

  [See section 31144.] A violation of section 31144(c)(3) of 
this title shall be considered a violation of this chapter, and 
shall be subject to the penalties in sections 5123 and 5124 of 
this title.

Sec. 5114. Air transportation of ionizing radiation material

  (a) Transporting in air commerce.--Material that emits 
ionizing radiation spontaneously may be transported on a 
passenger-carrying aircraft in air commerce (as defined in 
section 40102(a) of this title) only if the material is 
intended for a use in, or incident to, research or medical 
diagnosis or treatment and does not present an unreasonable 
hazard to health and safety when being prepared for, and 
during, transportation.
  (b) Procedures.--The Secretary [of Transportation] shall 
prescribe procedures for monitoring and enforcing regulations 
prescribed under this section.
  (c) Nonapplication.--This section does not apply to material 
the Secretary decides does not pose a significant hazard to 
health or safety when transported because of its low order of 
radioactivity.

Sec. 5115. Training curriculum for the public sector

  [(a) Development and updating.--Not later than November 16, 
1992, in coordination with the Director of the Federal 
Emergency Management Agency, Chairman of the Nuclear Regulatory 
Commission, Administrator of the Environmental Protection 
Agency, Secretaries of Labor, Energy, and Health and Human 
Services, and Director of the National Institute of 
Environmental Health Sciences, and using the existing 
coordinating mechanisms of the national response team and, for 
radioactive material, the Federal Radiological Preparedness 
Coordinating Committee, the Secretary of Transportation shall 
develop and update periodically a curriculum consisting of a 
list of courses necessary to train public sector emergency 
response and preparedness teams. Only in developing the 
curriculum, the Secretary of Transportation shall consult with 
regional response teams established under the national 
contingency plan established under section 105 of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9605), representatives of 
commissions established under section 301 of the Emergency 
Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11001), persons (including governmental entities) that provide 
training for responding to accidents and incidents involving 
the transportation of hazardous material, and representatives 
of persons that respond to those accidents and incidents.]
  (a) In General.--In coordination with the Director of the 
Federal Emergency Management Agency, the Chairman of the 
Nuclear Regulatory Commission, the Administrator of the 
Environmental Protection Agency, the Secretaries of Labor, 
Energy, and Health and Human Services, and the Director of the 
National Institute of Environmental Health Sciences, and using 
existing coordinating mechanisms of the National Response Team 
and, for radioactive material, the Federal Radiological 
Preparedness Coordinating Committee, the Secretary shall 
maintain a current curriculum of lists of courses necessary to 
train public sector emergency response and preparedness teams 
in matters relating to the transportation of hazardous 
material.
  (b) Requirements.--The curriculum [developed] maintained 
under subsection (a) of this section--
          (1) shall include--
                  (A) a recommended course of study to train 
                public sector employees to respond to an 
                accident or incident involving the 
                transportation of hazardous material and to 
                plan for those responses;
                  (B) recommended basic courses and minimum 
                number of hours of instruction necessary for 
                public sector employees to be able to respond 
                safely and efficiently to an accident or 
                incident involving the transportation of 
                hazardous material and to plan those responses; 
                and
                  (C) appropriate emergency response training 
                and planning programs for public sector 
                employees developed [under other United States 
                Government grant programs, including those 
                developed with grants made under section 126(g) 
                of the Superfund Amendments and Reauthorization 
                Act of 1986 (42 U.S.C. 9660a); and] with 
                Federal assistance; and
          (2) may include recommendations on material 
        appropriate for use in a recommended basic course 
        described in clause (1)(B) of this subsection.
  (c) Training on complying with legal requirements.--A 
recommended basic course described in subsection (b)(1)(B) of 
this section shall provide the training necessary for public 
sector employees to comply with--
          (1) regulations related to hazardous waste operations 
        and emergency response contained in part 1910 of title 
        29, Code of Federal Regulations, prescribed by the 
        Secretary of Labor;
          (2) regulations related to worker protection 
        standards for hazardous waste operations contained in 
        part 311 of title 40, Code of Federal Regulations, 
        prescribed by the Administrator; and
          (3) standards related to emergency response training 
        prescribed by the National Fire Protection 
        [Association.] Assocation or by any other voluntary 
        organization establishing consensus-based standards 
        that the Secretary considers appropriate.
  (d) Distribution and publication.--With the [national 
response team--] National Response Team--
          (1) the Director of the Federal Emergency Management 
        Agency shall distribute the curriculum and any updates 
        to the curriculum to the regional response teams and 
        all committees and commissions established under 
        section 301 of the Emergency Planning and Community 
        Right-To-Know Act of 1986 (42 U.S.C. 11001); and
          (2) the Secretary of Transportation may [publish a 
        list of programs that uses a course developed under 
        this section for training public sector employees to 
        respond to an accident or incident involving the 
        transportation of hazardous material.] publish and 
        distribute the list of courses maintained under this 
        section, and of any programs utilizing such courses.

Sec. 5116. Planning and training grants, monitoring, and review

  (a) Planning grants.--
          (1) The Secretary [of Transportation] shall make 
        grants to States and Indian tribes--
                  (A) to develop, improve, and carry out 
                emergency plans under the Emergency Planning 
                and Community Right-To-Know Act of 1986 (42 
                U.S.C. 11001 et seq.), including ascertaining 
                flow patterns of hazardous material on lands 
                under the jurisdiction of a State or Indian 
                tribe, and between lands under the jurisdiction 
                of a State or Indian tribe and lands of another 
                State or Indian tribe; and
                  (B) to decide on the need for a regional 
                hazardous material emergency response team.
          (2) The Secretary [of Transportation] may make a 
        grant to a State or Indian tribe under paragraph (1) of 
        this subsection in a fiscal year only if --
                  (A) the State or Indian tribe certifies that 
                the total amount the State or Indian tribe 
                expends (except amounts of the United States 
                Government) to develop, improve, and carry out 
                emergency plans under the Act will at least 
                equal the average level of expenditure for the 
                last 2 fiscal years; and
                  (B) the State agrees to make available at 
                least 75 percent of the amount of the grant 
                under paragraph (1) of this subsection in the 
                fiscal year to local emergency planning 
                committees established under section 301(c) of 
                the Act (42 U.S.C. 11001(c)) to develop 
                emergency plans under the Act.
          (3) A State or Indian tribe receiving a grant under 
        this subsection shall ensure that planning under the 
        grant is coordinated with emergency planning conducted 
        by adjacent States and Indian tribes.
  (b) Training grants.--
          (1) The Secretary [of Transportation] shall make 
        grants to States and Indian tribes to train public 
        sector employees to respond to accidents and incidents 
        involving hazardous material.
          (2) The Secretary [of Transportation] may make a 
        grant under paragraph (1) of this subsection in a 
        fiscal year--
                  (A) to a State or Indian tribe only if the 
                State or tribe certifies that the total amount 
                the State or tribe expends (except amounts of 
                the Government) to train public sector 
                employees to respond to an accident or incident 
                involving hazardous material will at least 
                equal the average level of expenditure for the 
                last 2 fiscal years;
                  (B) to a State or Indian tribe only if the 
                State or tribe makes an agreement with the 
                Secretary that the State or tribe will use in 
                that fiscal year, for training public sector 
                employees to respond to an accident or incident 
                involving hazardous material--
                          (i) a course developed or identified 
                        under section 5115 of this title; or
                          (ii) another course the Secretary 
                        decides is consistent with the 
                        objectives of this section; and
                  (C) to a State only if the State agrees to 
                make available at least 75 percent of the 
                amount of the grant under paragraph (1) of this 
                subsection in the fiscal year for training 
                public sector employees a political subdivision 
                of the State employs or uses.
          (3) A grant under this subsection may be used--
                  (A) to pay--
                          (i) the tuition costs of public 
                        sector employees being trained;
                          (ii) travel expenses of those 
                        employees to and from the training 
                        facility;
                          (iii) room and board of those 
                        employees when at the training 
                        facility; and
                          (iv) travel expenses of individuals 
                        providing the training;
                  (B) by the State, political subdivision, or 
                Indian tribe to provide the training; and
                  (C) to make an agreement the Secretary [of 
                Transportation] approves authorizing a person 
                (including an authority of a State or political 
                subdivision of a State or Indian tribe) to 
                provide the training--
                          (i) if the agreement allows the 
                        Secretary and the State or tribe to 
                        conduct random examinations, 
                        inspections, and audits of the training 
                        without prior notice; and
                          (ii) if the State or tribe conducts 
                        at least one on-site observation of the 
                        training each year.
          (4) The Secretary [of Transportation] shall allocate 
        amounts made available for grants under this subsection 
        for a fiscal year among eligible States and Indian 
        tribes based on the needs of the States and tribes for 
        emergency response training. In making a decision about 
        those needs, the Secretary shall consider--
                  (A) the number of hazardous material 
                facilities in the State or on land under the 
                jurisdiction of the tribe;
                  (B) the types and amounts of hazardous 
                material transported in the State or on that 
                land;
                  (C) whether the State or tribe imposes and 
                collects a fee on transporting hazardous 
                material;
                  (D) whether the fee is used only to carry out 
                a purpose related to transporting hazardous 
                material; and
                  (E) other factors the Secretary decides are 
                appropriate to carry out this subsection.
  (c) Compliance with certain law.--The Secretary [of 
Transportation] may make a grant to a State under this section 
in a fiscal year only if the State certifies that the State 
complies with sections 301 and 303 of the Emergency Planning 
and Community Right-To-Know Act of 1986 (42 U.S.C. 11001, 
11003).
  (d) Applications.--A State or Indian tribe interested in 
receiving a grant under this section shall submit an 
application to the Secretary. [of Transportation.] The 
application must be submitted at the time, and contain 
information, the Secretary requires by regulation to carry out 
the objectives of this section.
  (e) Government's share of costs.--A grant under this section 
is for 80 percent of the cost the State or Indian tribe incurs 
in the fiscal year to carry out the activity for which the 
grant is made. Amounts of the State or tribe under subsections 
(a)(2)(A) and (b)(2)(A) of this section are not part of the 
non-Government share under this subsection.
  (f) Monitoring and technical assistance.--In coordination 
with the Secretaries of Transportation and Energy, 
Administrator of the Environmental Protection Agency, and 
Director of the National Institute of Environmental Health 
Sciences, the Director of the Federal Emergency Management 
Agency shall monitor public sector emergency response planning 
and training for an accident or incident involving hazardous 
material. Considering the results of the monitoring, the 
Secretaries, Administrator, and Directors each 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] National Response Team and, for radioactive material, the 
Federal Radiological Preparedness Coordinating Committee.
  (g) Delegation of authority.--To minimize administrative 
costs and to coordinate [Government grant programs] Federal 
financial assistance programs for emergency response training 
and planning, the Secretary [of Transportation] may delegate to 
the Directors of the Federal Emergency Management Agency and 
National Institute of Environmental Health Sciences, Chairman 
of the Nuclear Regulatory Commission, Administrator of the 
Environmental Protection Agency, and Secretaries of Labor and 
Energy any of the following:
          (1) authority to receive applications for grants 
        under this section.
          (2) authority to review applications for technical 
        compliance with this section.
          (3) authority to review applications to recommend 
        approval or disapproval.
          (4) any other ministerial duty associated with grants 
        under this section.
  (h) Minimizing duplication of effort and expenses.--The 
Secretaries of Transportation, Labor, and Energy, Directors of 
the Federal Emergency Management Agency and National Institute 
of Environmental Health Sciences, Chairman of the Nuclear 
Regulatory Commission, and Administrator of the Environmental 
Protection Agency shall review periodically, with the head of 
each department, agency, or instrumentality of the Government, 
all emergency response and preparedness training programs of 
that department, agency, or instrumentality to minimize 
duplication of effort and expense of the department, agency, or 
instrumentality in carrying out the programs and shall take 
necessary action to minimize duplication.
  (i) Annual registration fee account and its uses.--The 
Secretary of the Treasury shall establish an account (to be 
known as the ``Emergency Preparedness Fund'') in the Treasury 
into which the Secretary of the Treasury shall deposit amounts 
the Secretary [of Transportation collects under section 
5108(g)(2)(A) of this title and] transfers to the Secretary of 
the Treasury under section 5108(g)(2)(C) of this title. Without 
further appropriation, amounts in the account are available--
          (1) to make grants under this section;
          (2) to monitor and provide technical assistance under 
        subsection (f) of this section; [and]
            (3) to publish and distribute an emergency response 
        guide; and
          [(3)] (4) to pay administrative costs of carrying out 
        this section and sections 5108(g)(2) and 5115 of this 
        title, except that not more than 10 percent of the 
        amounts made available from the account in a fiscal 
        year may be used to pay those costs.
  (j) Supplemental training grants.--
          (1) In order to further the purposes of subsection 
        (b), the Secretary shall, subject to the availability 
        of funds, make grants to national nonprofit employee 
        organizations engaged solely in fighting fires for the 
        purpose of training instructors to conduct hazardous 
        materials response training programs for individuals 
        with statutory responsibility to respond to hazardous 
        materials accidents and incidents.
          (2) For the purposes of this subsection the 
        Secretary, after consultation with interested 
        organizations, shall--
                  (A) identify regions or locations in which 
                fire departments or other organizations which 
                provide emergency response to hazardous 
                materials transportation accidents and 
                incidents are in need of hazardous materials 
                training; and
                  (B) prioritize such needs and develop a means 
                for identifying additional specific training 
                needs.
          (3) Funds granted to an organization under this 
        subsection shall only be used--
                  (A) to train instructors to conduct hazardous 
                materials response training programs;
                  (B) to purchase training equipment used 
                exclusively to train instructors to conduct 
                such training programs; and
                  (C) to disseminate such information and 
                materials as are necessary for the conduct of 
                such training programs.
          (4) The Secretary may only make a grant to an 
        organization under this subsection in a fiscal year if 
        the organization enters into an agreement with the 
        Secretary to train instructors to conduct hazardous 
        materials response training programs in such fiscal 
        year that will use--
                  (A) a course or courses developed or 
                identified under section 5115 of this title; or
                  (B) other courses which the Secretary 
                determines are consistent with the objectives 
                of this subsection; for training individuals 
                with statutory responsibility to respond to 
                accidents and incidents involving hazardous 
                materials. Such agreement also shall provide 
                that training courses shall be open to all such 
                individuals on a nondiscriminatory basis.
          (5) The Secretary may impose such additional terms 
        and conditions on grants to be made under this 
        subsection as the Secretary determines are necessary to 
        protect the interests of the United States and to carry 
        out the objectives of this subsection.
  (k) Reports.--[Not later than September 30, 1997, the 
Secretary shall submit to Congress a report on the allocation 
and uses of training grants authorized under subsection (b) for 
fiscal year 1993 through fiscal year 1996 and grants authorized 
under subsection (j) and section 5107 for fiscal years 1995 and 
1996.] The Secretary shall make available to the public 
annually information on the allocation and uses of planning 
grants under subsection (a), training grants under subsection 
(b), and grants under subsection (j) of this section and under 
section 5107 of this title. [Such report] The information shall 
identify the ultimate recipients of training grants and include 
a detailed accounting of all grant expenditures by grant 
recipients, the number of persons trained under the grant 
programs, and an evaluation of the efficacy of training 
programs carried out.

[Sec. 5117. Exemptions and exclusions]

Sec. 5117. Special permits and exclusions

  (a) Authority to exempt.--
          (1) As provided under procedures prescribed by 
        regulation, [the Secretary of Transportation may issue 
        [an exemption] a special permit from this chapter or a 
        regulation prescribed under section 5103(b), 5104, 
        5110, or 5112 of this title to a person transporting, 
        or causing to be transported, hazardous material in a 
        way] the Secretary may issue, modify, or terminate a 
        special permit authorizing variances from this chapter, 
        or a regulation prescribed under section 5103(b), 5104, 
        5110, or 5112 of this title, to a person performing a 
        function regulated by the Secretary under section 
        5103(b)(1) of this title in a way that achieves a 
        safety level--
                  (A) at least equal to the safety level 
                required under this chapter; or
                  (B) consistent with the public interest and 
                this chapter, if a required safety level does 
                not exist.
          [(2) An exemption under this subsection is effective 
        for not more than 2 years and may be renewed on 
        application to the Secretary.]
          (2) A special permit under this subsection--
                  (A) shall be effective when first issued for 
                not more than 2 years; and
                  (B) may be renewed for successive periods of 
                not more than 4 years each.
  (b) Applications.--When applying for [an exemption] a special 
permit or renewal of [an exemption] a special permit under this 
section, the person must provide a safety analysis prescribed 
by the Secretary that justifies [the exemption.] the special 
permit. The Secretary shall publish in the Federal Register 
notice that an application for [an exemption] a special permit 
has been filed and shall give the public an opportunity to 
inspect the safety analysis and comment on the application. 
This subsection does not require the release of information 
protected by law from public disclosure.
  (c) Applications to be dealt with promptly.--The Secretary 
shall issue or renew [the exemption] a special permit for which 
an application was filed or deny such issuance or renewal 
within 180 days after the first day of the month following the 
date of the filing of such application, or the Secretary shall 
publish a statement in the Federal Register of the reason why 
the Secretary's decision on [the exemption] a special permit is 
delayed, along with an estimate of the additional time 
necessary before the decision is made.
  (d) Exclusions.--
          (1) The Secretary shall exclude, in any part, from 
        this chapter and regulations prescribed under this 
        chapter--
                  (A) a public vessel (as defined in section 
                2101 of title 46);
                  (B) a vessel exempted under section 3702 of 
                title 46 from chapter 37 of title 46; and
                  (C) a vessel to the extent it is regulated 
                under the Ports and Waterways Safety Act of 
                1972 (33 U.S.C. 1221 et seq.).
          (2) This chapter and regulations prescribed under 
        this chapter do not prohibit--
                  (A) or regulate transportation of a firearm 
                (as defined in section 232 of title 18), or 
                ammunition for a firearm, by an individual for 
                personal use; or
                  (B) transportation of a firearm or ammunition 
                in commerce.
  (e) Limitation on authority.--Unless the Secretary decides 
that an emergency exists, [an exemption] a special permit or 
renewal granted under this section is the only way a person 
subject to this chapter may be exempt from this chapter.

[Sec. 5118. Inspectors

  [(a) General requirement.--The Secretary of Transportation 
shall maintain the employment of 30 hazardous material safety 
inspectors more than the total number of safety inspectors 
authorized for the fiscal year that ended September 30, 1990, 
for the Federal Railroad Administration, the Federal Highway 
Administration, and the Research and Special Programs 
Administration.
  [(b) Allocation to promote safety in transporting radioactive 
material.--
          [(1) The Secretary shall ensure that 10 of the 30 
        additional inspectors focus on promoting safety in 
        transporting radioactive material, as defined by the 
        Secretary, including inspecting--
                  [(A) at the place of origin, shipments of 
                high-level radioactive waste or nuclear spent 
                material (as those terms are defined in section 
                5105(a) of this title); and
                  [(B) to the maximum extent practicable 
                shipments of radioactive material that are not 
                high-level radioactive waste or nuclear spent 
                material.
          [(2) In carrying out their duties, those 10 
        additional inspectors shall cooperate to the greatest 
        extent possible with safety inspectors of the Nuclear 
        Regulatory Commission and appropriate State and local 
        government officials.
          [(3) Those 10 additional inspectors shall be 
        allocated as follows:
                  [(A) one to the Research and Special Programs 
                Administration.
                  [(B) 3 to the Federal Railroad 
                Administration.
                  [(C) 3 to the Federal Highway Administration.
                  [(D) the other 3 among the administrations 
                referred to in clauses (A)-(C) of this 
                paragraph as the Secretary decides.
  [(c) Allocation of other inspectors.--The Secretary shall 
allocate, as the Secretary decides, the 20 additional 
inspectors authorized under this section and not allocated 
under subsection (b) of this section among the administrations 
referred to in subsection (b)(3)(A)-(C) of this section.]

Sec. 5119. Uniform forms and procedures

  [(a) Working group.--The Secretary of Transportation shall 
establish a working group of State and local government 
officials, including representatives of the National Governors' 
Association, the National Association of Counties, the National 
League of Cities, the United States Conference of Mayors, and 
the National Conference of State Legislatures. The purposes of 
the working group are--
          [(1) to establish uniform forms and procedures for a 
        State--
                  [(A) to register persons that transport or 
                cause to be transported hazardous material by 
                motor vehicle in the State; and
                  [(B) to allow the transportation of hazardous 
                material in the State; and
          [(2) to decide whether to limit the filing of any 
        State registration and permit forms and collection of 
        filing fees to the State in which the person resides or 
        has its principal place of business.
  [(b) Consultation and reporting.--The working group--
          [(1) shall consult with persons subject to 
        registration and permit requirements described in 
        subsection (a) of this section; and
          [(2) not later than November 16, 1993, shall submit 
        to the Secretary, the Committee on Commerce, Science, 
        and Transportation of the Senate, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a final report that contains--
                  [(A) a detailed statement of its findings and 
                conclusions; and
                  [(B) its joint recommendations on the matters 
                referred to in subsection (a) of this section.
  [(c) Regulations on recommendations.--
          [(1) The Secretary shall prescribe regulations to 
        carry out the recommendations contained in the report 
        submitted under subsection (b) of this section with 
        which the Secretary agrees. The regulations shall be 
        prescribed by the later of the last day of the 3-year 
        period beginning on the date the working group 
        submitted its report or the last day of the 90-day 
        period beginning on the date on which at least 26 
        States adopt all of the recommendations of the report. 
        A regulation prescribed under this subsection may not 
        define or limit the amount of a fee a State may impose 
        or collect.
          [(2) A regulation prescribed under this subsection 
        takes effect one year after it is prescribed. The 
        Secretary may extend the one-year period for an 
        additional year for good cause. After a regulation is 
        effective, a State may establish, maintain, or enforce 
        a requirement related to the same subject matter only 
        if the requirement is the same as the regulation.
          [(3) In consultation with the working group, the 
        Secretary shall develop a procedure to eliminate 
        differences in how States carry out a regulation 
        prescribed under this subsection.
  [(d) Relationship to other laws.--The Federal Advisory 
Committee Act (5 App. U.S.C.) does not apply to the working 
group.]
  (a) In General.--The Secretary may prescribe regulations to 
establish uniform forms and regulations for States on the 
following:
          (1) To register and issue permits to persons that 
        transport or cause to be transported hazardous material 
        by motor vehicles in a State.
          (2) To permit the transportation of hazardous 
        material in a State.
  (b) Uniformity in Forms and Procedures.--In prescribing 
regulations under subsection (a) of this section, the Secretary 
shall develop procedures to eliminate discrepancies among the 
States in carrying out the activities covered by the 
regulations.
  (c) Limitation.--The regulations prescribed under subsection 
(a) of this section may not define or limit the amount of any 
fees imposed or collected by a State for any activities covered 
by the regulations.
  (d) Effective Date.--
            (1) In general.--Except as provided in paragraph 
        (2) of this subsection, the regulations prescribed 
        under subsection (a) of this section shall take effect 
        1 year after the date on which prescribed.
          (2) Extension.--The Secretary may extend the 1-year 
        period in subsection (a) for an additional year for 
        good cause.
  (e) State Regulations.--After the regulations prescribed 
under subsection (a) of this section take effect under 
subsection (d) of this section, a State may establish, 
maintain, or enforce a requirement relating to the same subject 
matter only if the requirement is consistent with applicable 
requirements with respect to such activity in the regulations.
  (f) Interim State Programs.--Pending the prescription of 
regulations under subsection (a) of this section, States may 
participate in the program of uniform forms and procedures 
recommended by the Alliance for Uniform Hazmat Transportation 
Procedures.

Sec. 5120. International uniformity of standards and requirements

  (a) Participation in international forums.--Subject to 
guidance and direction from the Secretary of State, the 
Secretary [of Transportation] shall participate in 
international forums that establish or recommend mandatory 
standards and requirements for transporting hazardous material 
in international commerce.
  (b) Consultation.--The Secretary [of Transportation] may 
consult with interested authorities to ensure that, to the 
extent practicable, regulations the Secretary prescribes under 
sections 5103(b), 5104, 5110, and 5112 of this title are 
consistent with standards related to transporting hazardous 
material that international authorities adopt.
  (c) Differences with international standards and 
requirements.--This section--
          (1) does not require the Secretary [of 
        Transportation] to prescribe a standard identical to a 
        standard adopted by an international authority if the 
        Secretary decides the standard is unnecessary or 
        unsafe; and
          (2) does not prohibit the Secretary from prescribing 
        a safety requirement more stringent than a requirement 
        included in a standard adopted by an international 
        authority if the Secretary decides the requirement is 
        necessary in the public interest.

Sec. 5121. Administrative

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

Sec. 5122. Enforcement

  (a) General.--At the request of the [Secretary of 
Transportation,] Secretary, the Attorney General may bring a 
civil action in an appropriate district court of the United 
States to enforce this [chapter or a regulation prescribed or 
order] chapter, a regulation prescribed under this chapter, or 
an order, special permit, or approval issued under this 
chapter. [The court may award appropriate relief, including 
punitive damages.] In an action under this subsection, the 
court may award appropriate relief, including a temporary or 
permanent injunction, civil penalties under section 5123 of 
this title, and punitive damages.
  (b) Imminent hazards.--
          (1) If the Secretary has reason to believe that an 
        imminent hazard exists, the Secretary may bring a civil 
        action in an appropriate district court of the United 
        States--
                  (A) to suspend or restrict the transportation 
                of the hazardous material responsible for the 
                hazard; or
                  (B) to eliminate or [ameliorate] mitigate the 
                hazard.
          (2) On request of the Secretary, the Attorney General 
        shall bring an action under paragraph (1) of this 
        subsection.
  (c) Withholding of clearance.--
          (1) If any owner, operator, or individual in charge 
        of a vessel is liable for a civil penalty under section 
        5123 of this title or for a fine under section 5124 of 
        this title, or if reasonable cause exists to believe 
        that such owner, operator, or individual in charge may 
        be subject to such a civil penalty or fine, the 
        Secretary of the Treasury, upon the request of the 
        Secretary, shall with respect to such vessel refuse or 
        revoke any clearance required by section 4197 of the 
        Revised Statutes of the United States (46 App. U.S.C. 
        91).
          (2) Clearance refused or revoked under this 
        subsection may be granted upon the filing of a bond or 
        other surety satisfactory to the Secretary.

Sec. 5123. Civil penalty

  (a) Penalty.--
          (1) A person that knowingly violates this [chapter or 
        a regulation prescribed or order] chapter, a regulation 
        prescribed under this chapter, or an 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 [$25,000] $100,000 for 
        each violation. A person acts knowingly when--
                  (A) the person has actual knowledge of the 
                facts giving rise to the violation; or
                  (B) a reasonable person acting in the 
                circumstances and exercising reasonable care 
                would have that knowledge.
          (2) A separate violation occurs for each day the 
        violation, committed by a person that transports or 
        causes to be transported hazardous material, continues.
  (b) Hearing requirement.--The Secretary [of Transportation] 
may find that a person has violated this [chapter or a 
regulation prescribed] chapter, a regulation prescribed under 
this chapter, or an order, special permit, or approval issued 
under this chapter only after notice and an opportunity for a 
hearing. The Secretary shall impose a penalty under this 
section by giving the person written notice of the amount of 
the penalty.
  (c) Penalty considerations.--In determining the amount of a 
civil penalty under this section, the Secretary shall 
consider--
          (1) the nature, circumstances, extent, and gravity of 
        the violation;
          (2) with respect to the violator, the degree of 
        culpability, any history of prior violations, the 
        ability to pay, and any effect on the ability to 
        continue to do business; and
          (3) other matters that justice requires.
  (d) Civil actions to collect.--The Attorney General may bring 
a civil action in an appropriate district court of the United 
States to collect a civil penalty under this [section.] section 
and any accrued interest on the civil penalty as calculated in 
accordance with section 1005 of the Oil Pollution Act of 1990 
(33 U.S.C. 2705). In the civil action, the amount and 
appropriateness of the civil penalty shall not be subject to 
review.
  (e) Compromise.--The Secretary may compromise the amount of a 
civil penalty imposed under this section before referral to the 
Attorney General.
  (f) Setoff.--The Government may deduct the amount of a civil 
penalty imposed or compromised under this section from amounts 
it owes the person liable for the penalty.
  (g) Depositing amounts collected.--Amounts collected under 
this section shall be deposited in the Treasury as 
miscellaneous receipts.

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 prescribed or order] chapter, a regulation 
prescribed under this chapter, or an 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 prescribed, or an order, special 
permit, or approval issued, under this chapter, who thereby 
causes the release of hazardous material shall be fined under 
title 18, imprisoned for not more than 20 years, or both.
  (c) Separate Violations.--A separate violation occurs for 
each day the violation, committed by a person who transports or 
causes to be transported hazardous material, continues.

Sec. 5125. Preemption

  (a) Purposes.--The Secretary shall exercise the authority in 
this section--
          (1) to achieve uniform regulation of the 
        transportation of hazardous material;
          (2) to eliminate rules that are inconsistent with the 
        regulations prescribed under this chapter; and
          (3) to otherwise promote the safe and efficient 
        movement of hazardous material in commerce.
  [(a)] (b) [General.--Except as provided in subsections (b), 
(c), and (e)] Preemption Generally._Except as provided in 
subsections (c), (d), and (f) of this section and unless 
authorized by another law of the United States, a requirement 
of a State, political subdivision of a State, or Indian tribe 
is preempted if--
          (1) complying with a requirement of the State, 
        political subdivision, or tribe and a requirement of 
        this chapter, a regulation prescribed under this 
        chapter, or a hazardous materials transportation 
        security regulation or directive issued by the 
        Secretary of Homeland Security is not possible; or
          (2) the requirement of the State, political 
        subdivision, or tribe, as applied or enforced, is an 
        obstacle to accomplishing and carrying out this 
        chapter, a regulation prescribed under this chapter, or 
        a hazardous materials transportation security 
        regulation or directive issued by the Secretary of 
        Homeland Security.
  [(b)] (c) Substantive differences.--(1) Except as provided in 
[subsection (c)] subsection (d) of this section and unless 
authorized by another law of the United States, a law, 
regulation, order, or other requirement of a State, political 
subdivision of a State, or Indian tribe about any of the 
following subjects, that is not substantively the same as a 
provision of this chapter, a regulation prescribed under this 
chapter, or a hazardous materials transportation security 
regulation or directive issued by the Secretary of Homeland 
Security, is preempted:
          (A) the designation, description, and classification 
        of hazardous material.
          (B) the packing, repacking, handling, labeling, 
        marking, and placarding of hazardous material.
          (C) the preparation, execution, and use of shipping 
        documents related to hazardous material and 
        requirements related to the number, contents, and 
        placement of those documents.
          (D) the written notification, recording, and 
        reporting of the unintentional release in 
        transportation of hazardous material.
          [(E) the design, manufacturing, fabricating, marking, 
        maintenance, reconditioning, repairing, or testing of a 
        packaging or a container represented, marked, 
        certified, or sold as qualified for use in transporting 
        hazardous material.]
          (E) the manufacturing, designing, inspecting, 
        testing, reconditioning, or repairing of a packaging or 
        packaging component that is represented as qualified 
        for use in transporting hazardous material in commerce.
  (2) If the Secretary [of Transportation] prescribes or has 
prescribed under section 5103(b), 5104, 5110, or 5112 of this 
title or prior comparable provision of law a regulation or 
standard related to a subject referred to in paragraph (1) of 
this subsection, a State, political subdivision of a State, or 
Indian tribe may prescribe, issue, maintain, and enforce only a 
law, regulation, standard, or order about the subject that is 
substantively the same as a provision of this chapter or a 
regulation prescribed or order issued under this chapter. The 
Secretary shall decide on and publish in the Federal Register 
the effective date of section 5103(b) of this title for any 
regulation or standard about any of those subjects that the 
Secretary [prescribes after November 16, 1990. However, the] 
prescribes. The effective date may not be earlier than 90 days 
after the Secretary prescribes the regulation or standard nor 
later than the last day of the 2-year period beginning on the 
date the Secretary prescribes the regulation or standard.
  (3) If a State, political subdivision of a State, or Indian 
tribe imposes a fine or penalty the Secretary decides is 
appropriate for a violation related to a subject referred to in 
paragraph (1) of this subsection, an additional fine or penalty 
may not be imposed by any other authority.
  [(c)] (d) Compliance with section 5112(b) regulations.
          (1) Except as provided in paragraph (2) of this 
        subsection, after the last day of the 2-year period 
        beginning on the date a regulation is prescribed under 
        section 5112(b) of this title, a State or Indian tribe 
        may establish, maintain, or enforce a highway routing 
        designation over which hazardous material may or may 
        not be transported by motor vehicles, or a limitation 
        or requirement related to highway routing, only if the 
        designation, limitation, or requirement complies with 
        section 5112(b).
          (2)(A) A highway routing designation, limitation, or 
        requirement established before the date a regulation is 
        prescribed under section 5112(b) of this title does not 
        have to comply with section 5112(b)(1)(B), (C), and 
        (F).
          (B) This subsection and section 5112 of this title do 
        not require a State or Indian tribe to comply with 
        section 5112(b)(1)(I) if the highway routing 
        designation, limitation, or requirement was established 
        before November 16, 1990.
          (C) The Secretary may allow a highway routing 
        designation, limitation, or requirement to continue in 
        effect until a dispute related to the designation, 
        limitation, or requirement is resolved under section 
        5112(d) of this title.
  [(d)] (e) Decisions on preemption.--
          (1) A person (including a State, political 
        subdivision of a State, or Indian tribe) directly 
        affected by a requirement of a State, political 
        subdivision, or tribe may apply to the Secretary, as 
        provided by regulations prescribed by the Secretary, 
        for a decision on whether the requirement is preempted 
        by [subsection (a), (b)(1), or (c) of this section.] 
        subsection (b), (c)(1), or (d) of this section or 
        section 5119(b) of this title. The Secretary shall 
        publish notice of the application in the Federal 
        Register. The Secretary shall issue a decision on an 
        application for a determination within 180 days after 
        the date of the publication of the notice of having 
        received such application, or the Secretary shall 
        publish a statement in the Federal Register of the 
        reason why the Secretary's decision on the application 
        is delayed, along with an estimate of the additional 
        time necessary before the decision is made. After 
        notice is published, an applicant may not seek judicial 
        relief on the same or substantially the same issue 
        until the Secretary takes final action on the 
        application or until 180 days after the application is 
        filed, whichever occurs first.
          (2) After consulting with States, political 
        subdivisions of States, and Indian tribes, the 
        Secretary shall prescribe regulations for carrying out 
        paragraph (1) of this subsection.
          (3) Subsection (a) of this section does not prevent a 
        State, political subdivision of a State, or Indian 
        tribe, or another person directly affected by a 
        requirement, from seeking a decision on preemption from 
        a court of competent jurisdiction instead of applying 
        to the Secretary under paragraph (1) of this 
        subsection.
  [(e)] (f) Waiver of preemption.--A State, political 
subdivision of a State, or Indian tribe may apply to the 
Secretary for a waiver of preemption of a requirement the 
State, political subdivision, or tribe acknowledges is 
preempted by [subsection (a), (b)(1), or (c) of this section.] 
subsection (b), (c)(1), or (d) of this section or section 
5119(b) of this title. Under a procedure the Secretary 
prescribes by regulation, the Secretary may waive preemption on 
deciding the requirement--
          (1) provides the public at least as much protection 
        as do requirements of this chapter and regulations 
        prescribed under this chapter; and
          (2) is not an unreasonable burden on commerce.
  (g) Emergency Waiver of Preemption.--
          (1) The Secretary may, upon a finding of good cause, 
        waive the preemption of a requirement of a State, 
        political subdivision of a State, or Indian tribe under 
        this section without prior notice or an opportunity for 
        public comment thereon.
          (2) For purposes of paragraph (1) of this subsection, 
        good cause exists when--
                  (A) there is a potential threat that 
                hazardous material being transported in 
                commerce may be used in an attack on people or 
                property; and
                  (B) notice and an opportunity for public 
                comment thereon are impracticable or contrary 
                to the public interest.
          (3)(A) A waiver of preemption under paragraph (1) of 
        this subsection shall be in effect for a period 
        specified by the Secretary, but not more than 6 months.
          (B) If the Secretary determines before the expiration 
        of a waiver of preemption under subparagraph (A) of 
        this paragraph that the potential threat providing the 
        basis for the waiver continues to exist, the Secretary 
        may, after providing notice and an opportunity for 
        public comment thereon, extend the duration of the 
        waiver for such period after the expiration of the 
        waiver under that subparagraph as the Secretary 
        considers appropriate.
          (4) An action of the Secretary under paragraph (1) or 
        (3) of this subsection shall be in writing and shall 
        set forth the standards and procedures for seeking 
        reconsideration of the action.
          (5) After taking action under paragraph (1) or (3) of 
        this subsection, the Secretary shall provide for review 
        of the action if a petition for review of the action is 
        filed within 20 calendar days after the date of the 
        action.
          (6) If a petition for review of an action is filed 
        under paragraph (5) of this subsection and review of 
        the action is not completed by the end of the 30-day 
        period beginning on the date the petition is filed, the 
        waiver under this subsection shall cease to be 
        effective at the end of such period unless the 
        Secretary determines, in writing, that the potential 
        threat providing the basis for the waiver continues.
  [(f) Judicial review.--A party to a proceeding under 
subsection (d) or (e) of this section may bring a civil action 
in an appropriate district court of the United States for 
judicial review of the decision of the Secretary not later than 
60 days after the decision becomes final.]
  [(g)] (h) Fees.--
          (1) A State, political subdivision of a State, or 
        Indian tribe may impose a fee related to transporting 
        hazardous material only if the fee is fair and used for 
        a purpose related to transporting hazardous material, 
        including enforcement and planning, developing, and 
        maintaining a capability for emergency response.
          (2) A State or political subdivision thereof or 
        Indian tribe that levies a fee in connection with the 
        transportation of hazardous materials shall, upon the 
        Secretary's request, report to the Secretary on--
                  (A) the basis on which the fee is levied upon 
                persons involved in such transportation;
                  (B) the purposes for which the revenues from 
                the fee are used;
                  (C) the annual total amount of the revenues 
                collected from the fee; and
                  (D) such other matters as the Secretary 
                requests.
  (i) Application of Each Preemption Standard.--Each standard 
for preemption in subsection (b), (c)(1), or (d) of this 
section, and in section 5119(b) of this title, is independent 
in its application to a requirement of a State, political 
subdivision of a State, or Indian tribe.
  (j) Non-Federal Enforcement Standards.--This section does not 
apply to any procedure, penalty, required mental state, or 
other standard utilized by a State, political subdivision of a 
State, or Indian tribe to enforce a requirement applicable to 
the transportation of hazardous material.

Sec. 5126. Relationship to other laws

  (a) Contracts.--A person under contract with a department, 
agency, or instrumentality of the United States Government that 
transports [or causes to be transported hazardous material,] 
hazardous material or causes hazardous material to be 
transported, or [manufactures, fabricates, marks, maintains, 
reconditions, repairs, or tests a packaging or a container that 
the person represents, marks, certifies, or sells] 
manufactures, designs, inspects, tests, reconditions, marks, or 
repairs a packaging or packaging component that is represented 
as qualified for use in transporting hazardous material [must] 
shall comply with this chapter, regulations prescribed and 
orders issued under this chapter, and all other requirements of 
the Government, State and local governments, and Indian tribes 
(except a requirement preempted by a law of the United States) 
in the same way and to the same extent that any person engaging 
in that transportation, [manufacturing, fabricating, marking, 
maintenance, reconditioning, repairing, or testing] 
manufacturing, designing, inspecting, testing, reconditioning, 
marking, or repairing that is in or affects commerce must 
comply with the provision, regulation, order, or requirement.
  (b) Nonapplication.--This chapter does not apply to--
          (1) a pipeline subject to regulation under chapter 
        601 of this title; or
          (2) any matter that is subject to the postal laws and 
        regulations of the United States under this chapter or 
        title 18 or [39.] 39, except in the case of an imminent 
        hazard.

Sec. 5127. Judicial review

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

[Sec. 5127. Authorization of appropriations]

  [(a) General.--Not more than $18,000,000 may be appropriated 
to the Secretary of Transportation for fiscal year 1993, 
$18,000,000 for fiscal year 1994, $18,540,000 for fiscal year 
1995, $19,100,000 for fiscal year 1996, and $19,670,000 for 
fiscal year 1997 to carry out this chapter (except sections 
5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119).
  [(b) Training of hazmat employee instructors.--
          [(1) There is authorized to be appropriated to the 
        Secretary $3,000,000 for each of fiscal years 1995, 
        1996, 1997, and 1998 to carry out section 5107(e).
          [(2)(A) There shall be available to the Secretary for 
        carrying out section 5116(j), from amounts in the 
        account established pursuant to section 5116(i), 
        $250,000 for each of fiscal years 1995, 1996, 1997, and 
        1998.
          [(B) In addition to amounts made available under 
        subparagraph (A), there is authorized to be 
        appropriated to the Secretary for carrying out section 
        5116(j) $1,000,000 for each of the fiscal years 1995, 
        1996, 1997, and 1998.
  [(c) Training curriculum.
          [(1) Not more than $1,000,000 is available to the 
        Secretary of Transportation from the account 
        established under section 5116(i) of this title for 
        each of the fiscal years ending September 30, 1993-
        1998, to carry out section 5115 of this title.
          [(2) The Secretary of Transportation may transfer to 
        the Director of the Federal Emergency Management Agency 
        from amounts available under this subsection amounts 
        necessary to carry out section 5115(d)(1) of this 
        title.
  [(d) Planning and training.--
          [(1) Not more than $5,000,000 is available to the 
        Secretary of Transportation from the account 
        established under section 5116(i) of this title for 
        each of the fiscal years ending September 30, 1993-
        1998, to carry out section 5116(a) of this title.
          [(2) Not more than $7,800,000 is available to the 
        Secretary of Transportation from the account 
        established under section 5116(i) of this title for 
        each of the fiscal years ending September 30, 1993-
        1998, to carry out section 5116(b) of this title.
          [(3) Not more than the following amounts are 
        available from the account established under section 
        5116(i) of this title for each of the fiscal years 
        ending September 30, 1993-1998, to carry out section 
        5116(f) of this title:
                  [(A) $750,000 each to the Secretaries of 
                Transportation and Energy, Administrator of the 
                Environmental Protection Agency, and Director 
                of the Federal Emergency Management Agency.
                  [(B) $200,000 to the Director of the National 
                Institute of Environmental Health Sciences.
  [(e) Uniform forms and procedures.--Not more than $400,000 
may be appropriated to the Secretary of Transportation for the 
fiscal year ending September 30, 1993, to carry out section 
5119 of this title.
  [(f) Credits to appropriations.--The Secretary of 
Transportation may credit to any appropriation to carry out 
this chapter an amount received from a State, Indian tribe, or 
other public authority or private entity for expenses the 
Secretary incurs in providing training to the State, authority, 
or entity.
  [(g) Availability of amounts.--Amounts available under 
subsections (c)-(e) of this section remain available until 
expended.]

Sec. 5128. Authorization of appropriations

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

               [CHAPTER 57. SANITARY FOOD TRANSPORTATION

[Sec. 5701. Findings

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

[Sec. 5702. Definitions

  [In this chapter--
          [(1) ``cosmetic'', ``device'', ``drug'', ``food'', 
        and ``food additive'' have the same meanings given 
        those terms in section 201 of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 321).
          [(2) ``nonfood product'' means (individually or by 
        class) a material, substance, or product that is not a 
        cosmetic, device, drug, food, or food additive, or is 
        deemed a nonfood product under section 5703(a)(2) of 
        this title, including refuse and solid waste (as 
        defined in section 1004 of the Solid Waste Disposal Act 
        (42 U.S.C. 6903)).
          [(3) ``refuse'' means discarded material that is, or 
        is required by law, to be transported to or disposed of 
        in a landfill or incinerator.
          [(4) ``State'' means a State of the United States, 
        the District of Columbia, Puerto Rico, the Northern 
        Mariana Islands, the Virgin Islands, American Samoa, 
        Guam, and any other territory or possession of the 
        United States.
          [(5) ``transports'' and ``transportation'' mean any 
        movement of property in commerce (including intrastate 
        commerce) by motor vehicle or rail vehicle.
          [(6) ``United States'' means all of the States.

[Sec. 5703. General regulation

  [(a) General requirements.--
          [(1) Not later than July 31, 1991, the Secretary of 
        Transportation, after consultation required by section 
        5709 of this title, shall prescribe regulations on the 
        transportation of cosmetics, devices, drugs, food, and 
        food additives in motor vehicles and rail vehicles that 
        are used to transport nonfood products that would make 
        the cosmetics, devices, drugs, food, or food additives 
        unsafe to humans or animals.
          [(2) The Secretary shall deem a cosmetic, device, or 
        drug to be a nonfood product if--
                  [(A) the cosmetic, device, or drug is 
                transported in a motor vehicle or rail vehicle 
                before, or at the same time as, a food or food 
                additive; and
                  [(B) transportation of the cosmetic, device, 
                or drug would make the food or food additive 
                unsafe to humans or animals.
  [(b) Special requirements.--In prescribing regulations under 
subsection (a)(1) of this section, the Secretary, after 
consultation required by section 5709 of this title, shall 
establish requirements for appropriate--
          [(1) recordkeeping, identification, marking, 
        certification, or other means of verification to comply 
        with sections 5704-5706 of this title;
          [(2) decontamination, removal, disposal, and 
        isolation to comply with regulations carrying out 
        sections 5704 and 5705 of this title; and
          [(3) material for the construction of tank trucks, 
        rail tank cars, cargo tanks, and accessory equipment to 
        comply with regulations carrying out section 5704 of 
        this title.
  [(c) Considerations and additional requirements.--In 
prescribing regulations under subsection (a)(1) of this 
section, the Secretary, after consultation required by section 
5709 of this title, shall consider, and may establish 
requirements related to, each of the following:
          [(1) the extent to which packaging or similar means 
        of protecting and isolating commodities are adequate to 
        eliminate or ameliorate the potential risks of 
        transporting cosmetics, devices, drugs, food, or food 
        additives in motor vehicles or rail vehicles used to 
        transport nonfood products.
          [(2) appropriate compliance and enforcement measures 
        to carry out this chapter.
          [(3) appropriate minimum insurance or other liability 
        requirements for a person to whom this chapter applies.
  [(d) Packages meeting packaging standards.--If the Secretary 
finds packaging standards to be adequate, regulations under 
subsection (a)(1) of this section may not apply to cosmetics, 
devices, drugs, food, food additives, or nonfood products 
packaged in packages that meet the standards.

[Sec. 5704. Tank trucks, rail tank cars, and cargo tanks

  [(a) Prohibitions.--The regulations prescribed under section 
5703(a)(1) of this title shall include provisions prohibiting a 
person from--
          [(1) using, offering for use, or arranging for the 
        use of a tank truck, rail tank car, or cargo tank used 
        in motor vehicle or rail transportation of cosmetics, 
        devices, drugs, food, or food additives if the tank 
        truck, rail tank car, or cargo tank is used to 
        transport a nonfood product, except a nonfood product 
        included in a list published under subsection (b) of 
        this section;
          [(2) using, offering for use, or arranging for the 
        use of a tank truck or cargo tank to provide motor 
        vehicle transportation of cosmetics, devices, drugs, 
        food, food additives, or nonfood products included in 
        the list published under subsection (b) of this section 
        unless the tank truck or cargo tank is identified, by a 
        permanent marking on the tank truck or cargo tank, as 
        transporting only cosmetics, devices, drugs, food, food 
        additives, or nonfood products included in the list;
          [(3) using, offering for use, or arranging for the 
        use of a tank truck or cargo tank to provide motor 
        vehicle transportation of a nonfood product that is not 
        included in the list published under subsection (b) of 
        this section if the tank truck or cargo tank is 
        identified, as provided in clause (2) of this 
        subsection, as a tank truck or cargo tank transporting 
        only cosmetics, devices, drugs, food, food additives, 
        or nonfood products included in the list; or
          [(4) receiving, except for lawful disposal purposes, 
        any cosmetic, device, drug, food, food additive, or 
        nonfood product that has been transported in a tank 
        truck or cargo tank in violation of clause (2) or (3) 
        of this subsection.
  [(b) List of nonfood products not unsafe.--After consultation 
required by section 5709 of this title, the Secretary of 
Transportation shall publish in the Federal Register a list of 
nonfood products the Secretary decides do not make cosmetics, 
devices, drugs, food, or food additives unsafe to humans or 
animals because of transportation of the nonfood products in a 
tank truck, rail tank car, or cargo tank used to transport 
cosmetics, devices, drugs, food, or food additives. The 
Secretary may amend the list periodically by publication in the 
Federal Register.
  [(c) Disclosure.--A person that arranges for the use of a 
tank truck or cargo tank used in motor vehicle transportation 
for the transportation of a cosmetic, device, drug, food, food 
additive, or nonfood product shall disclose to the motor 
carrier or other appropriate person if the cosmetic, device, 
drug, food, food additive, or nonfood product being transported 
is to be used--
          [(1) as, or in the preparation of, a food or food 
        additive; or
          [(2) as a nonfood product included in the list 
        published under subsection (b) of this section.

[Sec. 5705. Motor and rail transportation of nonfood products

  [(a) Prohibitions.--The regulations prescribed under section 
5703(a)(1) of this title shall include provisions prohibiting a 
person from using, offering for use, or arranging for the use 
of a motor vehicle or rail vehicle (except a tank truck, rail 
tank car, or cargo tank described in section 5704 of this 
title) to transport cosmetics, devices, drugs, food, or food 
additives if the vehicle is used to transport nonfood products 
included in a list published under subsection (b) of this 
section.
  [(b) List of unsafe nonfood products.--
          [(1) After consultation required by section 5709 of 
        this title, the Secretary of Transportation shall 
        publish in the Federal Register a list of nonfood 
        products the Secretary decides would make cosmetics, 
        devices, drugs, food, or food additives unsafe to 
        humans or animals because of transportation of the 
        nonfood products in a motor vehicle or rail vehicle 
        used to transport cosmetics, devices, drugs, food, or 
        food additives. The Secretary may amend the list 
        periodically by publication in the Federal Register.
          [(2) The list published under paragraph (1) of this 
        subsection may not include cardboard, pallets, beverage 
        containers, and other food packaging except to the 
        extent the Secretary decides that the transportation of 
        cardboard, pallets, beverage containers, or other food 
        packaging in a motor vehicle or rail vehicle used to 
        transport cosmetics, devices, drugs, food, or food 
        additives would make the cosmetics, devices, drugs, 
        food, or food additives unsafe to humans or animals.

[Sec. 5706. Dedicated vehicles

  [(a) Prohibitions.--The regulations prescribed under section 
5703(a)(1) of this title shall include provisions prohibiting a 
person from using, offering for use, or arranging for the use 
of a motor vehicle or rail vehicle to transport asbestos, in 
forms or quantities the Secretary of Transportation decides are 
necessary, or products that present an extreme danger to humans 
or animals, despite any decontamination, removal, disposal, 
packaging, or other isolation procedures, unless the motor 
vehicle or rail vehicle is used only to transport one or more 
of the following: asbestos, those extremely dangerous products, 
or refuse.
  [(b) List of applicable products.--After consultation 
required by section 5709 of this title, the Secretary shall 
publish in the Federal Register a list of the products to which 
this section applies. The Secretary may amend the list 
periodically by publication in the Federal Register.

[Sec. 5707. Waiver authority

  [(a) General authority.--After consultation required by 
section 5709 of this title, the Secretary of Transportation may 
waive any part of this chapter or regulations prescribed under 
this chapter for a class of persons, motor vehicles, rail 
vehicles, cosmetics, devices, drugs, food, food additives, or 
nonfood products, if the Secretary decides that the waiver--
          [(1) would not result in the transportation of 
        cosmetics, devices, drugs, food, or food additives that 
        would be unsafe to humans or animals; and
          [(2) would not be contrary to the public interest and 
        this chapter.
  [(b) Publication of waivers.--The Secretary shall publish in 
the Federal Register any waiver and the reasons for the waiver.

[Sec. 5708. Food transportation inspections

  [(a) General authority.--For commercial motor vehicles, the 
Secretary of Transportation may carry out this chapter and 
assist in carrying out compatible State laws and regulations 
through means that include inspections conducted by State 
employees that are paid for with money authorized under section 
31104 of this title, if the recipient State agrees to assist in 
the enforcement of this chapter or is enforcing compatible 
State laws and regulations.
  [(b) Providing assistance.--On the request of the Secretary 
of Transportation, the Secretaries of Agriculture and Health 
and Human Services, the Administrator of the Environmental 
Protection Agency, and the heads of other appropriate 
departments, agencies, and instrumentalities of the United 
States Government shall provide assistance, to the extent 
available, to the Secretary of Transportation to carry out this 
chapter, including assistance in the training of personnel 
under a program established under subsection (c) of this 
section.
  [(c) Training program.--After consultation required by 
section 5709 of this title and consultation with the heads of 
appropriate State transportation and food safety authorities, 
the Secretary of Transportation shall develop and carry out a 
training program for inspectors to conduct vigorous enforcement 
of this chapter and regulations prescribed under this chapter 
or compatible State laws and regulations. As part of the 
training program, the inspectors, including State inspectors or 
personnel paid with money authorized under section 31104 of 
this title, shall be trained in the recognition of adulteration 
problems associated with the transportation of cosmetics, 
devices, drugs, food, and food additives and in the procedures 
for obtaining assistance of the appropriate departments, 
agencies, and instrumentalities of the Government and State 
authorities to support the enforcement.

[Sec. 5709. Consultation

  [As provided by sections 5703-5708 of this title, the 
Secretary of Transportation shall consult with the Secretaries 
of Agriculture and Health and Human Services and the 
Administrator of the Environmental Protection Agency.

[Sec. 5710. Administrative

  [The Secretary of Transportation has the same duties and 
powers in regulating transportation under this chapter as the 
Secretary has under section 5121(a)-(c)(except subsection 
(c)(1)(A)) of this title in regulating transportation under 
chapter 51 of this title.

[Sec. 5711. Enforcement and penalties

  [(a) Actions.--The Secretary of Transportation shall request 
that a civil action be brought and take action to eliminate or 
ameliorate an imminent hazard related to a violation of a 
regulation prescribed or order issued under this chapter in the 
same way and to the same extent as authorized by section 5122 
of this title.
  [(b) Applicable penalties and procedures.--The penalties and 
procedures in sections 5123 and 5124 of this title apply to a 
violation of a regulation prescribed or order issued under this 
chapter.

[Sec. 5712. Relationship to other laws

  [Section 5125 of this title applies to the relationship 
between this chapter and a requirement of a State, a political 
subdivision of a State, or an Indian tribe.

[Sec. 5713. Application of sections 5711 and 5712

  [Sections 5711 and 5712 of this title apply only to 
transportation occurring on or after the date that regulations 
prescribed under section 5703(a)(1) of this title are 
effective.

[Sec. 5714. Coordination procedures

  [Not later than November 3, 1991, the Secretary of 
Transportation, after consultation with appropriate State 
officials, shall establish procedures to promote more effective 
coordination between the departments, agencies, and 
instrumentalities of the United States Government and State 
authorities with regulatory authority over motor carrier safety 
and railroad safety in carrying out and enforcing this 
chapter.]

                CHAPTER 57--SANITARY FOOD TRANSPORTATION

Sec.
5701. Food transportation safety inspections.

Sec. 5701. Food transportation safety inspections

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

                 SUBTITLE IV. INTERSTATE TRANSPORTATION

PART B. MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

                       CHAPTER 135. JURISDICTION

               SUBCHAPTER I. MOTOR CARRIER TRANSPORTATION

Sec. 13506. Miscellaneous motor carrier transportation exemptions

  (a) In general.--
  Neither the Secretary nor the Board has jurisdiction under 
this part over--
          (1) a motor vehicle transporting only school children 
        and teachers to or from school;
          (2) a motor vehicle providing taxicab service;
          (3) a motor vehicle owned or operated by or for a 
        hotel and only transporting hotel patrons between the 
        hotel and the local station of a carrier;
          (4) a motor vehicle controlled and operated by a 
        farmer and transporting--
                  (A) the farmer's agricultural or 
                horticultural commodities and products; or
                  (B) supplies to the farm of the farmer;
          (5) a motor vehicle controlled and operated by a 
        cooperative association (as defined by section 15(a) of 
        the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or 
        by a federation of cooperative associations if the 
        federation has no greater power or purposes than a 
        cooperative association, except that if the cooperative 
        association or federation provides transportation for 
        compensation between a place in a State and a place in 
        another State, or between a place in a State and 
        another place in the same State through another State--
                  (A) for a nonmember that is not a farmer, 
                cooperative association, federation, or the 
                United States Government, the transportation 
                (except for transportation otherwise exempt 
                under this subchapter)--
                          (i) shall be limited to 
                        transportation incidental to the 
                        primary transportation operation of the 
                        cooperative association or federation 
                        and necessary for its effective 
                        performance; and
                          (ii) may not exceed in each fiscal 
                        year 25 percent of the total 
                        transportation of the cooperative 
                        association or federation between those 
                        places, measured by tonnage; and
                  (B) the transportation for all nonmembers may 
                not exceed in each fiscal year, measured by 
                tonnage, the total transportation between those 
                places for the cooperative association or 
                federation and its members during that fiscal 
                year;
          [(6) transportation by motor vehicle of--
                  [(A) ordinary livestock;
                  [(B) agricultural or horticultural 
                commodities (other than manufactured products 
                thereof);
                  [(C) commodities listed as exempt in the 
                Commodity List incorporated in ruling numbered 
                107, March 19, 1958, Bureau of Motor Carriers, 
                Interstate Commerce Commission, other than 
                frozen fruits, frozen berries, frozen 
                vegetables, cocoa beans, coffee beans, tea, 
                bananas, or hemp, or wool imported from a 
                foreign country, wool tops and noils, or wool 
                waste (carded, spun, woven, or knitted);
                  [(D) cooked or uncooked fish, whether breaded 
                or not, or frozen or fresh shellfish, or 
                byproducts thereof not intended for human 
                consumption, other than fish or shellfish that 
                have been treated for preserving, such as 
                canned, smoked, pickled, spiced, corned, or 
                kippered products; and
                  [(E) livestock and poultry feed and 
                agricultural seeds and plants, if such products 
                (excluding products otherwise exempt under this 
                paragraph) are transported to a site of 
                agricultural production or to a business 
                enterprise engaged in the sale to agricultural 
                producers of goods used in agricultural 
                production;]
          [(7)] (6) a motor vehicle used only to distribute 
        newspapers;
          [(8)] (7)(A) transportation of passengers by motor 
        vehicle incidental to transportation by aircraft;
          (B) transportation of property (including baggage) by 
        motor vehicle as part of a continuous movement which, 
        prior or subsequent to such part of the continuous 
        movement, has been or will be transported by an air 
        carrier or (to the extent so agreed by the United 
        States and approved by the Secretary) by a foreign air 
        carrier; or
          (C) transportation of property by motor vehicle in 
        lieu of transportation by aircraft because of adverse 
        weather conditions or mechanical failure of the 
        aircraft or other causes due to circumstances beyond 
        the control of the carrier or shipper;
          [(9)] (8) the operation of a motor vehicle in a 
        national park or national monument;
          [(10)] (9) a motor vehicle carrying not more than 15 
        individuals in a single, daily roundtrip to commute to 
        and from work;
          [(11) transportation of used pallets and used empty 
        shipping containers (including intermodal cargo 
        containers), and other used shipping devices (other 
        than containers or devices used in the transportation 
        of motor vehicles or parts of motor vehicles);
          [(12) transportation of natural, crushed, vesicular 
        rock to be used for decorative purposes;
          [(13) transportation of wood chips;]
          [(14)] (10) brokers for motor carriers of passengers, 
        except as provided in section 13904(d); or
          [(15) transportation of broken, crushed, or powdered 
        glass.]
  (b) Exempt unless otherwise necessary.--Except to the extent 
the Secretary or Board, as applicable, finds it necessary to 
exercise jurisdiction to carry out the transportation policy of 
section 13101, neither the Secretary nor the Board has 
jurisdiction under this part over--
          (1) transportation provided entirely in a 
        municipality, in contiguous municipalities, or in a 
        zone that is adjacent to, and commercially a part of, 
        the municipality or municipalities, except--
                  (A) when the transportation is under common 
                control, management, or arrangement for a 
                continuous carriage or shipment to or from a 
                place outside the municipality, municipalities, 
                or zone; or
                  (B) that in transporting passengers over a 
                route between a place in a State and a place in 
                another State, or between a place in a State 
                and another place in the same State through 
                another State, the transportation is exempt 
                from jurisdiction under this part only if the 
                motor carrier operating the motor vehicle also 
                is lawfully providing intrastate transportation 
                of passengers over the entire route under the 
                laws of each State through which the route 
                runs;
          (2) transportation by motor vehicle provided 
        casually, occasionally, or reciprocally but not as a 
        regular occupation or business, except when a broker or 
        other person sells or offers for sale passenger 
        transportation provided by a person authorized to 
        transport passengers by motor vehicle under an 
        application pending, or registration issued, under this 
        part; or
          (3) the emergency towing of an accidentally wrecked 
        or disabled motor vehicle.

Sec. 13507. Mixed loads of regulated and unregulated property

  A motor carrier of property providing transportation exempt 
from jurisdiction under paragraph [(6), (8), (11), (12), or 
(13)] (6) of section 13506(a) may transport property under such 
paragraph in the same vehicle and at the same time as property 
which the carrier is authorized to transport under a 
registration issued under section 13902(a). Such transportation 
shall not affect the unregulated status of such exempt property 
or the regulated status of the property which the carrier is 
authorized to transport under such registration.

                  CHAPTER 137. RATES AND THROUGH ROUTES

Sec. 13707. Payment of rates

  (a) Transfer of possession upon payment.--Except as provided 
in subsection (b), a carrier providing transportation or 
service subject to jurisdiction under this part shall give up 
possession at the destination of the property transported by it 
only when payment for the transportation or service is made.
  (b) Exceptions.--
          (1) Regulations.--Under regulations of the Secretary 
        governing the payment for transportation and service 
        and preventing discrimination, those carriers may give 
        up possession at destination of property transported by 
        them before payment for the transportation or 
        service.--The regulations of the Secretary may provide 
        for weekly or monthly payment for transportation 
        provided by motor carriers and for periodic payment for 
        transportation provided by water carriers.--
          (2) Extensions of credit to governmental entities.--
        Such a carrier (including a motor carrier being used by 
        a household goods freight forwarder) may extend credit 
        for transporting property for the United States 
        Government, a State, a territory or possession of the 
        United States, or a political subdivision of any of 
        them.
          (3) Shipments of household goods.--
                  (A) In general.--A carrier providing 
                transportation for a shipment of household 
                goods shall give up possession of the household 
                goods transported at the destination upon 
                payment of--
                          (i) 100 percent of the charges 
                        contained in a binding estimate 
                        provided by the carrier;
                          (ii) not more than 110 percent of the 
                        charges contained in a nonbinding 
                        estimate provided by the carrier; or
                          (iii) in the case of a partial 
                        delivery of the shipment, the prorated 
                        percentage of the charges calculated in 
                        accordance with subparagraph (B).
                  (B) Calculation of prorated charges.--For 
                purposes of subparagraph (A)(iii), the prorated 
                percentage of the charges shall be the 
                percentage of the total charges due to the 
                carrier as described in clause (i) or (ii) of 
                subparagraph (A) that is equal to the 
                percentage of the total units listed on the 
                inventory provided by the carrier under section 
                14104(d) of this title.

                       CHAPTER 139. REGISTRATION

                             * * * * * * *

                 SUBTITLE IV. INTERSTATE TRANSPORTATION

PART B. MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

                       CHAPTER 139. REGISTRATION

Sec. 13902. Registration of motor carriers

  (a) Motor carrier generally.--
          (1) In general.--Except as provided in this section, 
        the Secretary shall register a person to provide 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 of this title as a motor carrier if 
        the Secretary finds that the person is willing and able 
        to comply with--
                  (A) this part and the applicable regulations 
                of the Secretary and the Board;
                  [B) any safety regulations imposed by the 
                Secretary and the safety fitness requirements 
                established by the Secretary under section 
                31144; and]
          (B) any safety regulations imposed by the Secretary, 
        the duties of employers and employees established by 
        the Secretary under section 31135, and the safety 
        fitness requirements established by the Secretary under 
        section 31144; and
                  (C) the minimum financial responsibility 
                requirements established by the Secretary 
                pursuant to sections 13906 and 31138.
          (2) Consideration of evidence; findings.--The 
        Secretary shall consider and, to the extent applicable, 
        make findings on, any evidence demonstrating that the 
        registrant is unable to comply with the requirements of 
        subparagraph (A), (B), or (C) of paragraph (1).
          (3) Withholding.--If the Secretary determines that 
        any registrant under this section does not meet the 
        requirements of paragraph (1), the Secretary shall 
        withhold registration.
          (4) Limitation on complaints.--The Secretary may hear 
        a complaint from any person concerning a registration 
        under this subsection only on the ground that the 
        registrant fails or will fail to comply with this part, 
        the applicable regulations of the Secretary and the 
        Board, the safety regulations of the Secretary, or the 
        safety fitness or minimum financial responsibility 
        requirements of paragraph (1) of this subsection.
  (b) Motor carriers of passengers.--
          (1) Registration of private recipients of 
        governmental assistance.--The Secretary shall register 
        under subsection (a)(1) a private recipient of 
        governmental assistance to provide special or charter 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 as a motor carrier of passengers if 
        the Secretary finds that the recipient meets the 
        requirements of subsection (a)(1), unless the Secretary 
        finds, on the basis of evidence presented by any person 
        objecting to the registration, that the transportation 
        to be provided pursuant to the registration is not in 
        the public interest.
          (2) Registration of public recipients of governmental 
        assistance.--
                  (A) Charter transportation.--The Secretary 
                shall register under subsection (a)(1) a public 
                recipient of governmental assistance to provide 
                special or charter transportation subject to 
                jurisdiction under subchapter I of chapter 135 
                as a motor carrier of passengers if the 
                Secretary finds that--
                          (i) the recipient meets the 
                        requirements of subsection (a)(1); and
                          (ii)(I) no motor carrier of 
                        passengers (other than a motor carrier 
                        of passengers which is a public 
                        recipient of governmental assistance) 
                        is providing, or is willing to provide, 
                        the transportation; or
                          (II) the transportation is to be 
                        provided entirely in the area in which 
                        the public recipient provides regularly 
                        scheduled mass transportation services.
                  (B) Regular-route transportation.--The 
                Secretary shall register under subsection 
                (a)(1) a public recipient of governmental 
                assistance to provide regular-route 
                transportation subject to jurisdiction under 
                subchapter I of chapter 135 as a motor carrier 
                of passengers if the Secretary finds that the 
                recipient meets the requirements of subsection 
                (a)(1), unless the Secretary finds, on the 
                basis of evidence presented by any person 
                objecting to the registration, that the 
                transportation to be provided pursuant to the 
                registration is not in the public interest.
                  (C) Treatment of certain public recipients.--
                Any public recipient of governmental assistance 
                which is providing or seeking to provide 
                transportation of passengers subject to 
                jurisdiction under subchapter I of chapter 135 
                shall, for purposes of this part, be treated as 
                a person which is providing or seeking to 
                provide transportation of passengers subject to 
                such jurisdiction.
          (3) Intrastate transportation by interstate 
        carriers.--A motor carrier of passengers that is 
        registered by the Secretary under subsection (a) is 
        authorized to provide regular-route transportation 
        entirely in one State as a motor carrier of passengers 
        if such intrastate transportation is to be provided on 
        a route over which the carrier provides interstate 
        transportation of passengers.
          (4) Preemption of State regulation regarding certain 
        service.--No State or political subdivision thereof and 
        no interstate agency or other political agency of 2 or 
        more States shall enact or enforce any law, rule, 
        regulation, standard or other provision having the 
        force and effect of law relating to the provision of 
        pickup and delivery of express packages, newspapers, or 
        mail in a commercial zone if the shipment has had or 
        will have a prior or subsequent movement by bus in 
        intrastate commerce and, if a city within the 
        commercial zone, is served by a motor carrier of 
        passengers providing regular-route transportation of 
        passengers subject to jurisdiction under subchapter I 
        of chapter 135.
          (5) Jurisdiction over certain intrastate 
        transportation.--Subject to section 14501(a), any 
        intrastate transportation authorized by this subsection 
        shall be treated as transportation subject to 
        jurisdiction under subchapter I of chapter 135 until 
        such time as the carrier takes such action as is 
        necessary to establish under the laws of such State 
        rates, rules, and practices applicable to such 
        transportation, but in no case later than the 30th day 
        following the date on which the motor carrier of 
        passengers first begins providing transportation 
        entirely in one State under this paragraph.
          (6) Special operations.--This subsection shall not 
        apply to any regular-route transportation of passengers 
        provided entirely in one State which is in the nature 
        of a special operation.
          (7) Suspension or revocation.--Intrastate 
        transportation authorized under this subsection may be 
        suspended or revoked by the Secretary under section 
        13905 of this title at any time.
          (8) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Public recipient of governmental 
                assistance.--The term ``public recipient of 
                governmental assistance'' means--
                          (i) any State,
                          (ii) any municipality or other 
                        political subdivision of a State,
                          (iii) any public agency or 
                        instrumentality of one or more States 
                        and municipalities and political 
                        subdivisions of a State,
                          (iv) any Indian tribe, and
                          (v) any corporation, board, or other 
                        person owned or controlled by any 
                        entity described in clause (i), (ii), 
                        (iii), or (iv), which before, on, or 
                        after January 1, 1996, received 
                        governmental assistance for the 
                        purchase or operation of any bus.
                  (B) Private recipient of government 
                assistance.--The term ``private recipient of 
                government assistance'' means any person (other 
                than a person described in subparagraph (A)) 
                who before, on, or after January 1, 1996, 
                received governmental financial assistance in 
                the form of a subsidy for the purchase, lease, 
                or operation of any bus.
  (c) Restrictions on motor carriers domiciled in or owned or 
controlled by nationals of a contiguous foreign country.--
          (1) Prevention of discriminatory practices.--If the 
        President, or the delegate thereof, determines that an 
        act, policy, or practice of a foreign country 
        contiguous to the United States, or any political 
        subdivision or any instrumentality of any such country 
        is unreasonable or discriminatory and burdens or 
        restricts United States transportation companies 
        providing, or seeking to provide, motor carrier 
        transportation to, from, or within such foreign 
        country, the President or such delegate may--
                  (A) seek elimination of such practices 
                through consultations; or
                  (B) notwithstanding any other provision of 
                law, suspend, modify, amend, condition, or 
                restrict operations, including geographical 
                restriction of operations, in the United States 
                by motor carriers of property or passengers 
                domiciled in such foreign country or owned or 
                controlled by persons of such foreign country.
          (2) Equalization of treatment.--Any action taken 
        under paragraph (1)(A) to eliminate an act, policy, or 
        practice shall be so devised so as to equal to the 
        extent possible the burdens or restrictions imposed by 
        such foreign country on United States transportation 
        companies.
          (3) Removal or modification.--The President, or the 
        delegate thereof, may remove or modify in whole or in 
        part any action taken under paragraph (1)(A) if the 
        President or such delegate determines that such removal 
        or modification is consistent with the obligations of 
        the United States under a trade agreement or with 
        United States transportation policy.
          (4) Protection of existing operations.--Unless and 
        until the President, or the delegate thereof, makes a 
        determination under paragraph (1) or (3), nothing in 
        this subsection shall affect--
                  (A) operations of motor carriers of property 
                or passengers domiciled in any contiguous 
                foreign country or owned or controlled by 
                persons of any contiguous foreign country 
                permitted in the commercial zones along the 
                United States-Mexico border as such zones were 
                defined on December 31, 1995; or
                  (B) any existing restrictions on operations 
                of motor carriers of property or passengers 
                domiciled in any contiguous foreign country or 
                owned or controlled by persons of any 
                contiguous foreign country or any modifications 
                thereof pursuant to section 6 of the Bus 
                Regulatory Reform Act of 1982.
          (5) Publication; comment.--Unless the President, or 
        the delegate thereof, determines that expeditious 
        action is required, the President shall publish in the 
        Federal Register any determination under paragraph (1) 
        or (3), together with a description of the facts on 
        which such a determination is based and any proposed 
        action to be taken pursuant to paragraph (1)(B) or (3), 
        and provide an opportunity for public comment.
          (6) Delegation to Secretary.--The President may 
        delegate any or all authority under this subsection to 
        the Secretary, who shall consult with other agencies as 
        appropriate. In accordance with the directions of the 
        President, the Secretary may issue regulations to 
        enforce this subsection.
          (7) Civil actions.--Either the Secretary or the 
        Attorney General may bring a civil action in an 
        appropriate district court of the United States to 
        enforce this subsection or a regulation prescribed or 
        order issued under this subsection. The court may award 
        appropriate relief, including injunctive relief.
          (8) Limitation on statutory construction.--This 
        subsection shall not be construed as affecting the 
        requirement for all foreign motor carriers and foreign 
        motor private carriers operating in the United States 
        to comply with all applicable laws and regulations 
        pertaining to fitness, safety of operations, financial 
        responsibility, and taxes imposed by section 4481 of 
        the Internal Revenue Code of 1986.
  (d) Transition rule.--
          (1) In general.--Pending the implementation of the 
        rulemaking required by section 13908, the Secretary may 
        register a person under this section--
                  (A) as a motor common carrier if such person 
                would have been issued a certificate to provide 
                transportation as a motor common carrier under 
                this subtitle on December 31, 1995; and
                  (B) as a motor contract carrier if such 
                person would have been issued a permit to 
                provide transportation as a motor contract 
                carrier under this subtitle on such day.
          (2) Definitions.--In this subsection, the terms 
        ``motor common carrier'' and ``motor contract carrier'' 
        have the meaning such terms had under section 10102 as 
        such section was in effect on December 31, 1995.
  (e) Penalties for failure to comply with registration 
requirements.--In addition to other penalties available under 
law, motor carriers that fail to register their operations as 
required by this section or that operate beyond the scope of 
their registrations may be subject to the following penalties:
          (1) Out-of-service orders.--If, upon inspection or 
        investigation, the Secretary determines that a motor 
        vehicle providing transportation requiring registration 
        under this section is operating without a registration 
        or beyond the scope of its registration, the Secretary 
        may order the vehicle out-of-service. Subsequent to the 
        issuance of the out-of-service order, the Secretary 
        shall provide an opportunity for review in accordance 
        with section 554 of title 5, United States Code; except 
        that such review shall occur not later than 10 days 
        after issuance of such order.
          (2) Permission for operations.--A person domiciled in 
        a country contiguous to the United States with respect 
        to which an action under subsection (c)(1)(A) or 
        (c)(1)(B) is in effect and providing transportation for 
        which registration is required under this section shall 
        maintain evidence of such registration in the motor 
        vehicle when the person is providing the 
        transportation. The Secretary shall not permit the 
        operation in interstate commerce in the United States 
        of any motor vehicle in which there is not a copy of 
        the registration issued pursuant to this section.
  (f) Motor carrier defined.--In this section and sections 
13905 and 13906, the term ``motor carrier'' includes foreign 
motor private carriers.

                             * * * * * * *

Sec. 13905. Effective periods of registration

  (a) Person holding ICC authority.--Any person having 
authority to provide transportation or service as a motor 
carrier, freight forwarder, or broker under this title, as in 
effect on December 31, 1995, shall be deemed, for purposes of 
this part, to be registered to provide such transportation or 
service under this part.
  (b) Person Registered With Secretary.--Any person having 
registered with the Secretary to provide transportation or 
service as a motor carrier or motor private carrier under this 
title, as in effect on January 1, 2002, but not having 
registered pursuant to section 13902(a) of this title, shall be 
deemed, for purposes of this part, to be registered to provide 
such transportation or service for purposes of sections 13908 
and 14504a of this title.
  [(b)] (c) In general.--Except as otherwise provided in this 
part, each registration issued under section 13902, 13903, or 
13904 shall be effective from the date specified by the 
Secretary and shall remain in effect for such period as the 
Secretary determines appropriate by regulation.
  [(c)] (d) Suspension, amendments, and revocations.--
          (1) In general.--On application of the registrant, 
        the Secretary may amend or revoke a registration. On 
        complaint or on the Secretary's own initiative and 
        after notice and an opportunity for a proceeding, the 
        Secretary may (A) suspend, amend, or revoke any part of 
        the registration of a motor carrier, broker, or freight 
        forwarder for willful failure to comply with this part, 
        an applicable regulation or order of the Secretary or 
        of the Board, or a condition of its registration; and 
        (B) suspend, amend, or revoke any part of the 
        registration of a motor carrier, broker, or freight 
        forwarder: (i) for failure to pay a civil penalty 
        imposed under chapter 5, 51, 149, or 311 of this title; 
        or (ii) for failure to arrange and abide by an 
        acceptable payment plan for such civil penalty, within 
        90 days of the time specified by order of the Secretary 
        for the payment of such penalty. Subparagraph (B) shall 
        not apply to any person who is unable to pay a civil 
        penalty because such person is a debtor in a case under 
        chapter 11 of title 11, United States Code.
          (2) Regulations.--Not later than 12 months after the 
        date of the enactment of this paragraph, the Secretary, 
        after notice and opportunity for public comment, shall 
        issue regulations to provide for the suspension, 
        amendment, or revocation of a registration under this 
        part for failure to pay a civil penalty as provided in 
        paragraph (1)(B).
  [(d)] (e) Procedure.--Except on application of the 
registrant, the Secretary may revoke a registration of a motor 
carrier, freight forwarder, or broker, only after--
          (1) the Secretary has issued an order to the 
        registrant under section 14701 requiring compliance 
        with this part, a regulation of the Secretary, or a 
        condition of the registration; and
          (2) the registrant willfully does not comply with the 
        order for a period of 30 days.
  [(e)] (f) Expedited procedure.--
          [(1) Protection of safety.--Without regard to 
        subchapter II of chapter 5 of title 5, the Secretary 
        may suspend the registration of a motor carrier, a 
        freight forwarder, or a broker for failure to comply 
        with safety requirements of the Secretary or the safety 
        fitness requirements pursuant to section 13904(c), 
        13906, or 31144 of this title, or an order or 
        regulation of the Secretary prescribed under those 
        sections.]
          (1) Protection of safety.--Notwithstanding subchapter 
        II of chapter 5 of title 5, the Secretary--
                  (A) may suspend the registration of a motor 
                carrier, a freight forwarder, or a broker for 
                failure to comply with requirements of the 
                Secretary pursuant to section 13904(c) or 13906 
                of this title, or an order or regulation of the 
                Secretary prescribed under those sections; and
                  (B) shall revoke the registration of a motor 
                carrier that has been prohibited from operating 
                in interstate commerce for failure to comply 
                with the safety fitness requirements of section 
                31144 of this title.
          (2) Imminent hazard to public health.--Without regard 
        to subchapter II of chapter 5 of title 5, the Secretary 
        [may suspend a registration] shall revoke the 
        registration of a motor carrier of passengers if the 
        Secretary finds that such carrier has been conducting 
        unsafe operations which are an imminent hazard to 
        public health or property.
          [(3) Notice; period of suspension.--The Secretary may 
        suspend under this subsection the registration only 
        after giving notice of the suspension to the 
        registrant. The suspension remains in effect until the 
        registrant complies with those applicable sections or, 
        in the case of a suspension under paragraph (2), until 
        the Secretary revokes such suspension.]
  (3) Notice; period of suspension.--The Secretary may suspend 
or revoke under this subsection the registration only after 
giving notice of the suspension or revocation to the 
registrant. A suspension remains in effect until the registrant 
complies with the applicable sections or, in the case of a 
suspension under paragraph (2), until the Secretary revokes the 
suspension.

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

  (a) Motor carrier requirements.--
          (1) Liability insurance requirement.--The Secretary 
        may register a motor carrier under section 13902 only 
        if the registrant files with the Secretary a bond, 
        insurance policy, or other type of security approved by 
        the Secretary, in an amount not less than such amount 
        as the Secretary prescribes pursuant to, or as is 
        required by, sections 31138 and 31139, and the laws of 
        the State or States in which the registrant is 
        operating, to the extent applicable. The security must 
        be sufficient to pay, not more than the amount of the 
        security, for each final judgment against the 
        registrant for bodily injury to, or death of, an 
        individual resulting from the negligent operation, 
        maintenance, or use of motor vehicles, or for loss or 
        damage to property (except property referred to in 
        paragraph (3) of this subsection), or both. A 
        registration remains in effect only as long as the 
        registrant continues to satisfy the security 
        requirements of this paragraph.
          (2) Security Requirement.--Not later than 120 days 
        after the date of enactment of the Unified Carrier 
        Registration Act of 2003, any person, other than a 
        motor private carrier, registered with the Secretary to 
        provide transportation or service as a motor carrier 
        under section 13905(b) of this title shall file with 
        the Secretary a bond, insurance policy, or other type 
        of security approved by the Secretary, in an amount not 
        less than required by sections 31138 and 31139 of this 
        title.
          [(2)] (3) Agency requirement.--A motor carrier shall 
        comply with the requirements of sections 13303 and 
        13304. To protect the public, the Secretary may require 
        any such motor carrier to file the type of security 
        that a motor carrier is required to file under 
        paragraph (1) of this subsection. This paragraph only 
        applies to a foreign motor private carrier and foreign 
        motor carrier operating in the United States to the 
        extent that such carrier is providing transportation 
        between places in a foreign country or between a place 
        in one foreign country and a place in another foreign 
        country.
          [(3)] (4) Transportation insurance.--The Secretary 
        may require a registered motor carrier to file with the 
        Secretary a type of security sufficient to pay a 
        shipper or consignee for damage to property of the 
        shipper or consignee placed in the possession of the 
        motor carrier as the result of transportation provided 
        under this part. A carrier required by law to pay a 
        shipper or consignee for loss, damage, or default for 
        which a connecting motor carrier is responsible is 
        subrogated, to the extent of the amount paid, to the 
        rights of the shipper or consignee under any such 
        security.
  (b) Broker requirements.--The Secretary may register a person 
as a broker under section 13904 only if the person files with 
the Secretary a bond, insurance policy, or other type of 
security approved by the Secretary to ensure that the 
transportation for which a broker arranges is provided. The 
registration remains in effect only as long as the broker 
continues to satisfy the security requirements of this 
subsection.
  (c) Freight forwarder requirements.
          (1) Liability insurance.--The Secretary may register 
        a person as a freight forwarder under section 13903 of 
        this title only if the person files with the Secretary 
        a bond, insurance policy, or other type of security 
        approved by the Secretary. The security must be 
        sufficient to pay, not more than the amount of the 
        security, for each final judgment against the freight 
        forwarder for bodily injury to, or death of, an 
        individual, or loss of, or damage to, property (other 
        than property referred to in paragraph (2) of this 
        subsection), resulting from the negligent operation, 
        maintenance, or use of motor vehicles by or under the 
        direction and control of the freight forwarder when 
        providing transfer, collection, or delivery service 
        under this part.
          (2) Freight forwarder insurance.--The Secretary may 
        require a registered freight forwarder to file with the 
        Secretary a bond, insurance policy, or other type of 
        security approved by the Secretary sufficient to pay, 
        not more than the amount of the security, for loss of, 
        or damage to, property for which the freight forwarder 
        provides service.
          (3) Effective period.--The freight forwarder's 
        registration remains in effect only as long as the 
        freight forwarder continues to satisfy the security 
        requirements of this subsection.
  (d) Type of Insurance.--The Secretary may determine the type 
and amount of security filed under this section. A motor 
carrier may submit proof of qualifications as a self-insurer to 
satisfy the security requirements of this section. The 
Secretary shall adopt regulations governing the standards for 
approval as a self-insurer. Motor carriers which have been 
granted authority to self-insure as of January 1, 1996, shall 
retain that authority unless, for good cause shown and after 
notice and an opportunity for a hearing, the Secretary finds 
that the authority must be revoked.
  (e) Notice of cancellation of insurance.--The Secretary shall 
issue regulations requiring the submission to the Secretary of 
notices of insurance cancellation sufficiently in advance of 
actual cancellation so as to enable the Secretary to promptly 
revoke the registration of any carrier or broker after the 
effective date of the cancellation.
  (f) Form of endorsement.--The Secretary shall also prescribe 
the appropriate form of endorsement to be appended to policies 
of insurance and surety bonds which will subject the insurance 
policy or surety bond to the full security limits of the 
coverage required under this section.

[Sec. 13908. Registration and other reforms

  [(a) Regulations replacing certain programs.--The Secretary, 
in cooperation with the States, and after notice and 
opportunity for public comment, shall issue regulations to 
replace the current Department of Transportation identification 
number system, the single State registration system under 
section 14504, the registration system contained in this 
chapter, and the financial responsibility information system 
under section 13906 with a single, on-line, Federal system. The 
new system shall serve as a clearinghouse and depository of 
information on and identification of all foreign and domestic 
motor carriers, brokers, and freight forwarders, and others 
required to register with the Department as well as information 
on safety fitness and compliance with required levels of 
financial responsibility. In issuing the regulations, the 
Secretary shall consider whether or not to integrate the 
requirements of section 13304 into the new system and may 
integrate such requirements into the new system.
  [(b) Factors to be considered.--In conducting the rulemaking 
under subsection (a), the Secretary shall, at a minimum, 
consider the following factors:
          [(1) Funding for State enforcement of motor carrier 
        safety regulations.
          [(2) Whether the existing single State registration 
        system is duplicative and burdensome.
          [(3) The justification and need for collecting the 
        statutory fee for such system under section 
        14504(c)(2)(B)(iv).
          [(4) The public safety.
          [(5) The efficient delivery of transportation 
        services.
          [(6) How, and under what conditions, to extend the 
        registration system to motor private carriers and to 
        carriers exempt under sections 13502, 13503, and 13506.
  [(c) Fees system.--The Secretary may establish, under section 
9701 of title 31, a fee system for registration and filing 
evidence of financial responsibility under the new system under 
subsection (a). Fees collected under the fee system shall cover 
the costs of operating and upgrading the registration system, 
including all personnel costs associated with the system. Fees 
collected under this subsection may be credited to the 
Department of Transportation appropriations account for 
purposes for which such fees are collected, and shall be 
available for expenditure until expended.
  [(d) State registration programs.--If the Secretary 
determines that no State should require insurance filings or 
collect fees for such filings (including filings and fees 
authorized under section 14504), the Secretary may prevent any 
State or political subdivision thereof, or any political 
authority of 2 or more States, from imposing any insurance 
filing requirements or fees that are for the same purposes as 
filings or fees the Secretary requires under the new system 
under subsection (a). The Secretary may not take any action 
pursuant to this subsection unless--
          [(1) fees that will be collected by the Secretary 
        under subsection (c) and distributed in each fiscal 
        year to the States will provide each State with at 
        least as much revenue as that State received in fiscal 
        year 1995 under section 11506, as in effect on December 
        31, 1995; and
          [(2) all States will receive from the distribution of 
        such fees a minimum apportionment.
  [(e) Deadline for conclusion; modifications.--Not later than 
24 months after January 1, 1996, the Secretary--
          [(1) shall conclude the rulemaking under this 
        section;
          [(2) may implement such changes under this section as 
        the Secretary considers appropriate and in the public 
        interest; and
          [(3) shall transmit to Congress a report on any 
        findings of the rulemaking and the changes being 
        implemented under this section, together with such 
        recommendations for legislative language necessary to 
        conform this part to such changes.]

Sec. 13908. Registration and other reforms

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

                  CHAPTER 141. OPERATIONS OF CARRIERS

                   SUBCHAPTER I. GENERAL REQUIREMENTS

Sec. 14104. Household goods carrier operations

  (a) General regulatory authority.--
          (1) Paperwork minimization.--The Secretary may issue 
        regulations, including regulations protecting 
        individual shippers, in order to carry out this part 
        with respect to the transportation of household goods 
        by motor carriers subject to jurisdiction under 
        subchapter I of chapter 135. The regulations and 
        paperwork required of motor carriers providing 
        transportation of household goods shall be minimized to 
        the maximum extent feasible consistent with the 
        protection of individual shippers.
          (2) Performance standards.--
                  (A) In general.--Regulations of the Secretary 
                protecting individual shippers shall include, 
                where appropriate, reasonable performance 
                standards for the transportation of household 
                goods subject to jurisdiction under subchapter 
                I of chapter 135.--
                  (B) Factors to consider.--In establishing 
                performance standards under this paragraph, the 
                Secretary shall take into account at least the 
                following--
                          (i) the level of performance that can 
                        be achieved by a well-managed motor 
                        carrier transporting household goods;
                          (ii) the degree of harm to individual 
                        shippers which could result from a 
                        violation of the regulation;
                          (iii) the need to set the level of 
                        performance at a level sufficient to 
                        deter abuses which result in harm to 
                        consumers and violations of 
                        regulations;
                          (iv) service requirements of the 
                        carriers;
                          (v) the cost of compliance in 
                        relation to the consumer benefits to be 
                        achieved from such compliance; and
                          (vi) the need to set the level of 
                        performance at a level designed to 
                        encourage carriers to offer service 
                        responsive to shipper needs.
          (3) Limitations on statutory construction.--Nothing 
        in this section shall be construed to limit the 
        Secretary's authority to require reports from motor 
        carriers providing transportation of household goods or 
        to require such carriers to provide specified 
        information to consumers concerning their past 
        performance.
  (b) Estimates.--
          [(1) Authority to provide without compensation.--
        Every motor carrier providing transportation of 
        household goods subject to jurisdiction under 
        subchapter I of chapter 135, upon request of a 
        prospective shipper, may provide the shipper with an 
        estimate of charges for transportation of household 
        goods and for the proposed services. The Secretary 
        shall not prohibit any such carrier from charging a 
        prospective shipper for providing a written, binding 
        estimate for the transportation and proposed services.]
          (1) Requirement for written estimate.--A motor 
        carrier providing transportation of household goods 
        subject to jurisdiction under subchapter I of chapter 
        135 shall provide to a prospective shipper a written 
        estimate of all charges related to the transportation 
        of the household goods, including charges for--
                  (A) packing;
                  (B) unpacking;
                  (C) loading;
                  (D) unloading; and
                  (E) handling of the shipment from the point 
                of origin to the final destination (whether 
                that destination is storage or transit).
          (2) Other information.--At the time that a motor 
        carrier provides the written estimate required by 
        paragraph (1), the motor carrier shall provide the 
        shipper a copy of the Department of Transportation 
        publication FMCSA-ESA-03-005 (or its successor edition 
        or publication) entitled ``Ready to Move?''. Before the 
        execution of a contract for service, a motor carrier 
        shall provide the shipper a copy of the Department of 
        Transportation publication OCE 100, entitled ``Your 
        Rights and Responsibilities When You Move'' required by 
        section 375.2 of title 49, Code of Federal Regulations 
        (or any corresponding similar regulation).
          (3) Binding and nonbinding estimates.--The written 
        estimate required by paragraph (1) may be either 
        binding or nonbinding. If the written estimate is 
        nonbinding, and is not based on a visual inspection, 
        the carrier shall, at the first opportunity and prior 
        to the execution of a contract for service, conduct a 
        visual inspection of the household goods to be 
        transported and provide a revised written estimate if 
        the estimated charges are different than the original 
        estimate. The Secretary may not prohibit any such 
        carrier from charging a prospective shipper for 
        providing a written, binding estimate for the 
        transportation and related services.
          [(2)] (4) Applicability of antitrust laws.--Any 
        charge for an estimate of charges provided by a motor 
        carrier to a shipper for transportation of household 
        goods subject to jurisdiction under subchapter I of 
        chapter 135 shall be subject to the antitrust laws, as 
        defined in the first section of the Clayton Act (15 
        U.S.C. 12).
  (c) Notification of Final Charges.--If the final charges for 
a shipment of household goods exceed 100 percent of a binding 
estimate or 110 percent of a nonbinding estimate, the motor 
carrier shall provide the shipper an itemized statement of the 
charges. The statement shall be provided to the shipper within 
24 hours prior to the delivery of the shipment unless the 
shipper waives this requirement. Such notification shall--
          (1) be delivered in writing at the motor carrier's 
        expense; and
          (2) disclose the requirements of section 13707(b)(3) 
        of this title regarding payment for delivery of a 
        shipment of household goods.
  (d) Requirement for Inventory.--A motor carrier providing 
transportation of a shipment of household goods, as defined in 
section 13012(10)(A), that is subject to jurisdiction under 
subchapter I of chapter 135 of this title shall, at the time of 
loading the shipment, prepare a written inventory of all 
articles tendered and accepted by the motor carrier for 
transportation. Such inventory shall--
          (1) list or otherwise reasonably identify each item 
        tendered for transportation;
          (2) be signed by the shipper and the motor carrier, 
        or the agent of the shipper or carrier, at the time the 
        shipment is loaded and at the time the shipment is 
        unloaded at the final destination;
          (3) be attached to, and considered part of, the bill 
        of lading; and
          (4) be subject to the same requirements of the 
        Secretary for record inspection and preservation that 
        apply to bills of lading.
  [(c)] (e) Flexibility in weighing shipments.--The Secretary 
shall issue regulations that provide motor carriers providing 
transportation of household goods subject to jurisdiction under 
subchapter I of chapter 135 with the maximum possible 
flexibility in weighing shipments, consistent with assurance to 
the shipper of accurate weighing practices. The Secretary shall 
not prohibit such carriers from backweighing shipments or from 
basing their charges on the reweigh weights if the shipper 
observes both the tare and gross weighings (or, prior to such 
weighings, waives in writing the opportunity to observe such 
weighings) and such weighings are performed on the same scale.

                   SUBCHAPTER II. REPORTS AND RECORDS

                             * * * * * * *

Sec. 14124. Consumer complaints

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

                  CHAPTER 145. FEDERAL-STATE RELATIONS

Sec. 14501. Federal authority over intrastate transportation

  (a) Motor carriers of passengers.--
          (1) Limitation on State law.--No State or political 
        subdivision thereof and no interstate agency or other 
        political agency of 2 or more States shall enact or 
        enforce any law, rule, regulation, standard, or other 
        provision having the force and effect of law relating 
        to--
                  (A) scheduling of interstate or intrastate 
                transportation (including discontinuance or 
                reduction in the level of service) provided by 
                a motor carrier of passengers subject to 
                jurisdiction under subchapter I of chapter 135 
                of this title on an interstate route;
                  (B) the implementation of any change in the 
                rates for such transportation or for any 
                charter transportation except to the extent 
                that notice, not in excess of 30 days, of 
                changes in schedules may be required; or
                  (C) the authority to provide intrastate or 
                interstate charter bus transportation. This 
                paragraph shall not apply to intrastate 
                commuter bus operations, or to intrastate bus 
                transportation of any nature in the State of 
                Hawaii.
          (2) Matters not covered.--Paragraph (1) shall not 
        restrict the safety regulatory authority of a State 
        with respect to motor vehicles, the authority of a 
        State to impose highway route controls or limitations 
        based on the size or weight of the motor vehicle, or 
        the authority of a State to regulate carriers with 
        regard to minimum amounts of financial responsibility 
        relating to insurance requirements and self-insurance 
        authorization.
  (b) Freight forwarders and brokers.--
          (1) General rule.--Subject to paragraph (2) of this 
        subsection, no State or political subdivision thereof 
        and no intrastate agency or other political agency of 2 
        or more States shall enact or enforce any law, rule, 
        regulation, standard, or other provision having the 
        force and effect of law relating to intrastate rates, 
        intrastate routes, or intrastate services of any 
        freight forwarder or broker.
          (2) Continuation of Hawaii's authority.--Nothing in 
        this subsection and the amendments made by the Surface 
        Freight Forwarder Deregulation Act of 1986 shall be 
        construed to affect the authority of the State of 
        Hawaii to continue to regulate a motor carrier 
        operating within the State of Hawaii.
  (c) Motor carriers of property.--
          (1) General rule.--Except as provided in paragraphs 
        (2) and (3), a State, political subdivision of a State, 
        or political authority of 2 or more States may not 
        enact or enforce a law, regulation, or other provision 
        having the force and effect of law related to a price, 
        route, or service of any motor carrier (other than a 
        carrier affiliated with a direct air carrier covered by 
        section 41713(b)(4)) or any motor private carrier, 
        broker, or freight forwarder with respect to the 
        transportation of property.
          (2) Matters not covered.--Paragraph (1)--
                  (A) shall not restrict the safety regulatory 
                authority of a State with respect to motor 
                vehicles, the authority of a State to impose 
                highway route controls or limitations based on 
                the size or weight of the motor vehicle or the 
                hazardous nature of the cargo, or the authority 
                of a State to regulate motor carriers with 
                regard to minimum amounts of financial 
                responsibility relating to insurance 
                requirements and self-insurance authorization;
                  (B) does not apply to the intrastate 
                transportation of household goods; and
                  (C) does not apply to the authority of a 
                State or a political subdivision of a State to 
                enact or enforce a law, regulation, or other 
                provision relating to the price of for-hire 
                motor vehicle transportation by a tow truck, if 
                such transportation is performed without the 
                prior consent or authorization of the owner or 
                operator of the motor vehicle.
          (3) State standard transportation practices.--
                  (A) Continuation.--Paragraph (1) shall not 
                affect any authority of a State, political 
                subdivision of a State, or political authority 
                of 2 or more States to enact or enforce a law, 
                regulation, or other provision, with respect to 
                the intrastate transportation of property by 
                motor carriers, related to--
                          (i) uniform cargo liability rules,
                          (ii) uniform bills of lading or 
                        receipts for property being 
                        transported,
                          (iii) uniform cargo credit rules,
                          (iv) antitrust immunity for joint 
                        line rates or routes, classifications, 
                        mileage guides, and pooling, or
                          (v) antitrust immunity for agent-van 
                        line operations (as set forth in 
                        section 13907), if such law, 
                        regulation, or provision meets the 
                        requirements of subparagraph (B).
                  (B) Requirements.--A law, regulation, or 
                provision of a State, political subdivision, or 
                political authority meets the requirements of 
                this subparagraph if--
                          (i) the law, regulation, or provision 
                        covers the same subject matter as, and 
                        compliance with such law, regulation, 
                        or provision is no more burdensome than 
                        compliance with, a provision of this 
                        part or a regulation issued by the 
                        Secretary or the Board under this part; 
                        and
                          (ii) the law, regulation, or 
                        provision only applies to a carrier 
                        upon request of such carrier.
                  (C) Election.--Notwithstanding any other 
                provision of law, a carrier affiliated with a 
                direct air carrier through common controlling 
                ownership may elect to be subject to a law, 
                regulation, or provision of a State, political 
                subdivision, or political authority under this 
                paragraph.
          (4) Nonapplicability to Hawaii.--This subsection 
        shall not apply with respect to the State of Hawaii.
  (d) Pre-arranged ground transportation.--
          (1) In general.--No State or political subdivision 
        thereof and no interstate agency or other political 
        agency of 2 or more States shall enact or enforce any 
        law, rule, regulation, standard or other provision 
        having the force and effect of law requiring a license 
        or fee on account of the fact that a motor vehicle is 
        providing pre-arranged ground transportation service if 
        the motor carrier providing such service--
                  (A) meets all applicable registration 
                requirements under chapter 139 for the 
                interstate transportation of passengers;
                  (B) meets all applicable vehicle and 
                intrastate passenger licensing requirements of 
                the State or States in which the motor carrier 
                is domiciled or registered to do business; and
                  (C) is providing such service pursuant to a 
                contract for--
                          (i) transportation by the motor 
                        carrier from one State, including 
                        intermediate stops, to a destination in 
                        another State; or
                          (ii) transportation by the motor 
                        carrier from one State, including 
                        intermediate stops in another State, to 
                        a destination in the original State.
          (2) Intermediate stop defined.--In this section, the 
        term ``intermediate stop'', with respect to 
        transportation by a motor carrier, means a pause in the 
        transportation in order for one or more passengers to 
        engage in personal or business activity, but only if 
        the driver providing the transportation to such 
        passenger or passengers does not, before resuming the 
        transportation of such passenger (or at least 1 of such 
        passengers), provide transportation to any other person 
        not included among the passengers being transported 
        when the pause began.
          (3) Matters not covered.--Nothing in this subsection 
        shall be construed--
                  (A) as subjecting taxicab service to 
                regulation under chapter 135 or section 31138;
                  (B) as prohibiting or restricting an airport, 
                train, or bus terminal operator from 
                contracting to provide preferential access or 
                facilities to one or more providers of pre-
                arranged ground transportation service; and
                  (C) as restricting the right of any State or 
                political subdivision of a State to require, in 
                a nondiscriminatory manner, that any individual 
                operating a vehicle providing prearranged 
                ground transportation service originating in 
                the State or political subdivision have 
                submitted to pre-licensing drug testing or a 
                criminal background investigation of the 
                records of the State in which the operator is 
                domiciled, by the State or political 
                subdivision by which the operator is licensed 
                to provide such service, or by the motor 
                carrier providing such service, as a condition 
                of providing such service.

Sec. 14504. Registration of motor carriers by a State

  (a) Definitions.--In this section, the terms ``standards'' 
and ``amendments to standards'' mean the specification of forms 
and procedures required by regulations of the Secretary to 
prove the lawfulness of transportation by motor carrier 
referred to in section 13501.
  (b) General rule.--The requirement of a State that a motor 
carrier, providing transportation subject to jurisdiction under 
subchapter I of chapter 135 and providing transportation in 
that State, must register with the State is not an unreasonable 
burden on transportation referred to in section 13501 when the 
State registration is completed under standards of the 
Secretary under subsection (c). When a State registration 
requirement imposes obligations in excess of the standards of 
the Secretary, the part in excess is an unreasonable burden.
  (c) Single State registration system.--
          (1) In general.--The Secretary shall maintain 
        standards for implementing a system under which--
                  (A) a motor carrier is required to register 
                annually with only one State by providing 
                evidence of its Federal registration under 
                chapter 139;
                  (B) the State of registration shall fully 
                comply with standards prescribed under this 
                section; and
                  (C) such single State registration shall be 
                deemed to satisfy the registration requirements 
                of all other States.
          (2) Specific requirements.--
                  (A) Evidence of federal registration; proof 
                of insurance; payment of fees.--Under the 
                standards of the Secretary implementing the 
                single State registration system described in 
                paragraph (1) of this subsection, only a State 
                acting in its capacity as registration State 
                under such single State system may require a 
                motor carrier registered by the Secretary under 
                this part--
                          (i) to file and maintain evidence of 
                        such Federal registration;
                          (ii) to file satisfactory proof of 
                        required insurance or qualification as 
                        a self-insurer;
                          (iii) to pay directly to such State 
                        fee amounts in accordance with the fee 
                        system established under subparagraph 
                        (B)(iv) of this paragraph, subject to 
                        allocation of fee revenues among all 
                        States in which the carrier operates 
                        and which participate in the single 
                        State registration system; and
                          (iv) to file the name of a local 
                        agent for service of process.
                  (B) Receipts; fee system.--The standards of 
                the Secretary--
                          (i) shall require that the 
                        registration State issue a receipt, in 
                        a form prescribed under the standards, 
                        reflecting that the carrier has filed 
                        proof of insurance as provided under 
                        subparagraph (A)(ii) of this paragraph 
                        and has paid fee amounts in accordance 
                        with the fee system established under 
                        clause (iv) of this subparagraph;
                          (ii) shall require that copies of the 
                        receipt issued under clause (i) of this 
                        subparagraph be kept in each of the 
                        carrier's commercial motor vehicles;
                          (iii) shall not require decals, 
                        stamps, cab cards, or any other means 
                        of registering or identifying specific 
                        vehicles operated by the carrier;
                          (iv) shall establish a fee system for 
                        the filing of proof of insurance as 
                        provided under subparagraph (A)(ii) of 
                        this paragraph that--
                                  (I) is based on the number of 
                                commercial motor vehicles the 
                                carrier operates in a State and 
                                on the number of States in 
                                which the carrier operates;
                                  (II) minimizes the costs of 
                                complying with the registration 
                                system; and
                                  (III) results in a fee for 
                                each participating State that 
                                is equal to the fee, not to 
                                exceed $10 per vehicle, that 
                                such State collected or charged 
                                as of November 15, 1991; and
                          (v) shall not authorize the charging 
                        or collection of any fee for filing and 
                        maintaining evidence of Federal 
                        registration under subparagraph (A)(i) 
                        of this paragraph.
                  (C) Prohibited fees.--The charging or 
                collection of any fee under this section that 
                is not in accordance with the fee system 
                established under subparagraph (B)(iv) of this 
                paragraph shall be deemed to be a burden on 
                interstate commerce.
                  (D) Limitation on participation by States.--
                Only a State which, as of January 1, 1991, 
                charged or collected a fee for a vehicle 
                identification stamp or number under part 1023 
                of title 49, Code of Federal Regulations, shall 
                be eligible to participate as a registration 
                State under this subsection or to receive any 
                fee revenue under this subsection.
  (d) Termination of Provisions.--Subsections (b) and (c) shall 
cease to be effective on the first January 1st occurring more 
than 12 months after the date of enactment of the Unified 
Carrier Registration Act of 2003.

Sec. 14504a. Unified carrier registration system plan and agreement

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

                             * * * * * * *

Sec. 14506. Identification of vehicles

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

       CHAPTER 147. ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

Sec. 14706. Liability of carriers under receipts and bills of lading

  (a) General liability.--
          (1) Motor carriers and freight forwarders.--A carrier 
        providing transportation or service subject to 
        jurisdiction under subchapter I or III of chapter 135 
        shall issue a receipt or bill of lading for property it 
        receives for transportation under this part. That 
        carrier and any other carrier that delivers the 
        property and is providing transportation or service 
        subject to jurisdiction under subchapter I or III of 
        chapter 135 or chapter 105 are liable to the person 
        entitled to recover under the receipt or bill of 
        lading. The liability imposed under this paragraph is 
        for the actual loss or injury to the property caused by 
        (A) the receiving carrier, (B) the delivering carrier, 
        or (C) another carrier over whose line or route the 
        property is transported in the United States or from a 
        place in the United States to a place in an adjacent 
        foreign country when transported under a through bill 
        of lading and, except in the case of a freight 
        forwarder, applies to property reconsigned or diverted 
        under a tariff under section 13702. Failure to issue a 
        receipt or bill of lading does not affect the liability 
        of a carrier. A delivering carrier is deemed to be the 
        carrier performing the line-haul transportation nearest 
        the destination but does not include a carrier 
        providing only a switching service at the destination.
          (2) Freight forwarder.--A freight forwarder is both 
        the receiving and delivering carrier. When a freight 
        forwarder provides service and uses a motor carrier 
        providing transportation subject to jurisdiction under 
        subchapter I of chapter 135 to receive property from a 
        consignor, the motor carrier may execute the bill of 
        lading or shipping receipt for the freight forwarder 
        with its consent. With the consent of the freight 
        forwarder, a motor carrier may deliver property for a 
        freight forwarder on the freight forwarder's bill of 
        lading, freight bill, or shipping receipt to the 
        consignee named in it, and receipt for the property may 
        be made on the freight forwarder's delivery receipt.
  (b) Apportionment.--The carrier issuing the receipt or bill 
of lading under subsection (a) of this section or delivering 
the property for which the receipt or bill of lading was issued 
is entitled to recover from the carrier over whose line or 
route the loss or injury occurred the amount required to be 
paid to the owners of the property, as evidenced by a receipt, 
judgment, or transcript, and the amount of its expenses 
reasonably incurred in defending a civil action brought by that 
person.
  (c) Special rules.--
          (1) Motor carriers.--
                  (A) Shipper waiver.--Subject to the 
                provisions of subparagraph (B), a carrier 
                providing transportation or service subject to 
                jurisdiction under subchapter I or III of 
                chapter 135 may, subject to the provisions of 
                this chapter (including with respect to a motor 
                carrier, the requirements of section 13710(a)), 
                establish rates for the transportation of 
                property (other than household goods described 
                in section 13102(10)(A)) under which the 
                liability of the carrier for such property is 
                limited to a value established by written or 
                electronic declaration of the shipper or by 
                written agreement between the carrier and 
                shipper if that value would be reasonable under 
                the circumstances surrounding the 
                transportation.
                  (B) Carrier notification.--If the motor 
                carrier is not required to file its tariff with 
                the Board, it shall provide under section 
                13710(a)(1) to the shipper, on request of the 
                shipper, a written or electronic copy of the 
                rate, classification, rules, and practices upon 
                which any rate applicable to a shipment, or 
                agreed to between the shipper and the carrier, 
                is based. The copy provided by the carrier 
                shall clearly state the dates of applicability 
                of the rate, classification, rules, or 
                practices.
                  (C) Prohibition against collective 
                establishment.--No discussion, consideration, 
                or approval as to rules to limit liability 
                under this subsection may be undertaken by 
                carriers acting under an agreement approved 
                pursuant to section 13703.
          (2) Water carriers.--If loss or injury to property 
        occurs while it is in the custody of a water carrier, 
        the liability of that carrier is determined by its bill 
        of lading and the law applicable to water 
        transportation. The liability of the initial or 
        delivering carrier is the same as the liability of the 
        water carrier.
  (d) Civil actions.--
          (1) Against delivering carrier.--A civil action under 
        this section may be brought against a delivering 
        carrier in a district court of the United States or in 
        a State court. Trial, if the action is brought in a 
        district court of the United States is in a judicial 
        district, and if in a State court, is in a State 
        through which the defendant carrier operates.
          (2) Against carrier responsible for loss.--A civil 
        action under this section may be brought against the 
        carrier alleged to have caused the loss or damage, in 
        the judicial district in which such loss or damage is 
        alleged to have occurred.
          (3) Jurisdiction of courts.--A civil action under 
        this section may be brought in a United States district 
        court or in a State court.
          (4) Judicial district defined.--In this section, 
        ``judicial district'' means--
                  (A) in the case of a United States district 
                court, a judicial district of the United 
                States; and
                  (B) in the case of a State court, the 
                applicable geographic area over which such 
                court exercises jurisdiction.
  (e) Minimum period for filing claims.--
          (1) In general.--A carrier may not provide by rule, 
        contract, or otherwise, a period of less than 9 months 
        for filing a claim against it under this section and a 
        period of less than 2 years for bringing a civil action 
        against it under this section. The period for bringing 
        a civil action is computed from the date the carrier 
        gives a person written notice that the carrier has 
        disallowed any part of the claim specified in the 
        notice.
          (2) Special rules.--For the purposes of this 
        subsection--
                  (A) an offer of compromise shall not 
                constitute a disallowance of any part of the 
                claim unless the carrier, in writing, informs 
                the claimant that such part of the claim is 
                disallowed and provides reasons for such 
                disallowance; and
                  (B) communications received from a carrier's 
                insurer shall not constitute a disallowance of 
                any part of the claim unless the insurer, in 
                writing, informs the claimant that such part of 
                the claim is disallowed, provides reason for 
                such disallowance, and informs the claimant 
                that the insurer is acting on behalf of the 
                carrier.
  (f) Limiting liability of household goods carriers to 
declared value.--
          (1) In general._A carrier or group of carriers 
        subject to jurisdiction under subchapter I or III of 
        chapter 135 may petition the Board to modify, 
        eliminate, or establish rates for the transportation of 
        household goods under which the liability of the 
        carrier for that property is limited to a value 
        established by written declaration of the shipper or by 
        a written agreement.
          (2) Full value protection obligation.--Unless the 
        carrier receives a waiver in writing under paragraph 
        (3), a carrier's maximum liability for household goods 
        that are lost, damaged, destroyed, or otherwise not 
        delivered to the final destination is an amount equal 
        to the replacement value of such goods, subject to a 
        maximum amount equal to the declared value of the 
        shipment.
          (3) Application of rates.--The released rates 
        established by the Board under paragraph (1) (commonly 
        known as ``released rates'') shall not apply to the 
        transportation of household goods by a carrier unless 
        the liability of the carrier for the full value of such 
        household goods under paragraph (2) is waived in 
        writing by the shipper.
  (g) Modifications and reforms.--
          (1) Study.--The Secretary shall conduct a study to 
        determine whether any modifications or reforms should 
        be made to the loss and damage provisions of this 
        section, including those related to limitation of 
        liability by carriers.
          (2) Factors to consider.--In conducting the study, 
        the Secretary, at a minimum, shall consider--
                  (A) the efficient delivery of transportation 
                services;
                  (B) international and intermodal harmony;
                  (C) the public interest; and
                  (D) the interest of carriers and shippers.
          (3) Report.--Not later than 12 months after January 
        1, 1996, the Secretary shall submit to Congress a 
        report on the results of the study, together with any 
        recommendations of the Secretary (including legislative 
        recommendations) for implementing modifications or 
        reforms identified by the Secretary as being 
        appropriate.

Sec. 14708. Dispute settlement program for household goods carriers

  (a) Offering shippers arbitration.--
          (1) Requirement to offcer._As a condition of 
        registration under section 13902 or 13903, a carrier 
        providing transportation of household goods subject to 
        jurisdiction under subchapter I or III of chapter 135 
        must agree to offer in accordance with this section to 
        shippers of household goods arbitration as a means of 
        settling disputes between such carriers and [shippers 
        of household goods concerning damage or loss to the 
        household goods transported.] shippers. The carrier may 
        not require the shipper to agree to use arbitration as 
        a means to settle such a dispute.
          (2) Requirements for carriers.--If a dispute with a 
        carrier providing transportation of household goods 
        involves a claim that is--
                  (A) not more than $5,000 and the shipper 
                requests arbitration, such arbitration shall be 
                binding on the parties; or
                  (B) for more than $5,000 and the shipper 
                requests arbitration, such arbitration shall be 
                binding on the parties only if the carrier 
                agrees to arbitration.
  (b) Arbitration requirements.--
          (1) Prevention of special advantage.--The arbitration 
        that is offered must be designed to prevent a carrier 
        from having any special advantage in any case in which 
        the claimant resides or does business at a place 
        distant from the carrier's principal or other place of 
        business.
          (2) Notice of arbitration procedure.--The carrier 
        must provide the shipper an adequate notice of the 
        availability of neutral arbitration, including a 
        concise easy-to-read, accurate summary of the 
        arbitration procedure, any applicable costs, and 
        disclosure of the legal effects of election to utilize 
        arbitration. Such notice must be given to persons for 
        whom household goods are to be transported by the 
        carrier before such goods are tendered to the carrier 
        for transportation.
          (3) Provision of forms.--Upon request of a shipper, 
        the carrier must promptly provide such forms and other 
        information as are necessary for initiating an action 
        to resolve a dispute under arbitration.
          [(4) Independence of arbitrator.--Each person 
        authorized to arbitrate or otherwise settle disputes 
        must be independent of the parties to the dispute and 
        must be capable, as determined under such regulations 
        as the Secretary may issue, to resolve such disputes 
        fairly and expeditiously. The carrier must ensure that 
        each person chosen to settle the disputes is authorized 
        and able to obtain from the shipper or carrier any 
        material and relevant information to the extent 
        necessary to carry out a fair and expeditious 
        decisionmaking process.]
          (4) Independence of arbitrator.--The Secretary shall 
        establish a system for the certification of persons 
        authorized to arbitrate or otherwise settle a dispute 
        between a shipper of household goods and a carrier. The 
        Secretary shall ensure that each person so certified 
        is--
                  (A) independent of the parties to the 
                dispute;
                  (B) capable, as determined under such 
                regulations as the Secretary may issue, to 
                resolve such disputes fairly and expeditiously; 
                and
                  (C) authorized and able to obtain from the 
                shipper or carrier any material and relevant 
                information to the extent necessary to carry 
                out a fair and expeditious decisionmaking 
                process.
          (5) Apportionment of costs.--No shipper may be 
        charged more than half of the cost for instituting an 
        arbitration proceeding that is brought under this 
        section. In the decision, the arbitrator may determine 
        which party shall pay the cost or a portion of the cost 
        of the arbitration proceeding, including the cost of 
        instituting the proceeding.
          [(6) Requests.--The carrier must not require the 
        shipper to agree to utilize arbitration prior to the 
        time that a dispute arises. If the dispute involves a 
        claim for $5,000 or less and the shipper requests 
        arbitration, such arbitration shall be binding on the 
        parties. If the dispute involves a claim for more than 
        $5,000 and the shipper requests arbitration, such 
        arbitration shall be binding on the parties only if the 
        carrier agrees to arbitration.]
          [(7)] (6) Oral presentation of evidence.--The 
        arbitrator may provide for an oral presentation of a 
        dispute concerning transportation of household goods by 
        a party to the dispute (or a party's representative), 
        but such oral presentation may be made only if all 
        parties to the dispute expressly agree to such 
        presentation and the date, time, and location of such 
        presentation.
          [(8)] (7) Deadline for decision.--The arbitrator 
        must, as expeditiously as possible but at least within 
        60 days of receipt of written notification of the 
        dispute, render a decision based on the information 
        gathered; except that, in any case in which a party to 
        the dispute fails to provide in a timely manner any 
        information concerning such dispute which the person 
        settling the dispute may reasonably require to resolve 
        the dispute, the arbitrator may extend such 60-day 
        period for a reasonable period of time. A decision 
        resolving a dispute may include any remedies 
        appropriate under the circumstances, including repair, 
        replacement, refund, reimbursement for expenses, and 
        compensation for damages.
  (c) Limitation on use of materials.--Materials and 
information obtained in the course of a decision making process 
to settle a dispute by arbitration under this section may not 
be used to bring an action under section 14905.
  (d) Attorney's fees to shippers.--In any court action to 
resolve a dispute between a shipper of household goods and a 
carrier providing transportation or service subject to 
jurisdiction under subchapter I or III of chapter 135 
concerning the transportation of household goods by such 
carrier, the shipper shall be awarded reasonable attorney's 
fees if--
          (1) the shipper submits a claim to the carrier within 
        120 days after the date the shipment is delivered or 
        the date the delivery is scheduled, whichever is later;
          (2) the shipper prevails in such court action; and
          (3)(A) a decision resolving the dispute was not 
        rendered through arbitration under this section within 
        the period provided under subsection [(b)(8)] (b)(7) of 
        this section or an extension of such period under such 
        subsection; or
          (B) the court proceeding is to enforce a decision 
        rendered through arbitration under this section and is 
        instituted after the period for performance under such 
        decision has elapsed.
  (e) Attorney's fees to carriers.--In any court action to 
resolve a dispute between a shipper of household goods and a 
carrier providing transportation, or service subject to 
jurisdiction under subchapter I or III of chapter 135 
concerning the transportation of household goods by such 
carrier, such carrier may be awarded reasonable attorney's fees 
by the court [only if the shipper brought such action in bad 
faith--
          [(1) after resolution of such dispute through 
        arbitration under this section; or
          [(2) after institution of an arbitration proceeding 
        by the shipper to resolve such dispute under this 
        section but before--
                  [(A) the period provided under subsection 
                (b)(8) for resolution of such dispute 
                (including, if applicable, an extension of such 
                period under such subsection) ends; and
                  [(B) a decision resolving such dispute is 
                rendered.]
if--
          (1) the court proceeding is to enforce a decision 
        rendered in favor of the carrier through arbitration 
        under this section and is instituted after the shipper 
        has a reasonable opportunity to pay any charges 
        required by such decision; or
          (2) the shipper brought such action in bad faith--
                  (A) after resolution of such dispute through 
                arbitration under this section; or
                  (B) after institution of an arbitration 
                proceeding by the shipper to resolve such 
                dispute under this section but before--
                          (i) the period provided under 
                        subsection (b)(7) for resolution of 
                        such dispute (including, if applicable, 
                        an extension of such period under such 
                        subsection) ends; and
                          (ii) a decision resolving such 
                        dispute is rendered.
  (f) Limitation of applicability to collect-on-delivery 
transportation.--The provisions of this section shall apply 
only in the case of collect-on-delivery transportation of 
household goods.
  (g) Review by Secretary.--Not later than 18 months after 
January 1, 1996, the Secretary shall complete a review of the 
dispute settlement program established under this section. If, 
after notice and opportunity for comment, the Secretary 
determines that changes are necessary to such program to ensure 
the fair and equitable resolution of disputes under this 
section, the Secretary shall implement such changes and 
transmit a report to Congress on such changes.

Sec. 14710. Enforcement of Federal laws and regulations with respect to 
                    transportation of household goods

  (a) Enforcement by States.--Notwithstanding any other 
provision of this title, a State authority may enforce chapters 
137, 147, and 149, subchapter I of chapter 141, section 13907, 
and section 14124 of this title and regulations thereunder 
related to transportation of household goods in interstate 
commerce. Any fine or penalty imposed on a carrier in a 
proceeding under this subsection shall, notwithstanding any 
provision of law to the contrary, be paid to and retained by 
the State.
  (b) State Authority Defined.--The term ``State authority' 
means an agency of a State that has authority under the laws of 
the State to regulate the intrastate movement of household 
goods.

Sec. 14711. Enforcement by State attorneys general

  (a) In General.--A State, as parens patriae, may bring a 
civil action on behalf of its residents in an appropriate 
district court of the United States to enforce this part, or a 
regulation or order of the Secretary or Board, as applicable, 
or to impose the civil penalties authorized by this part or 
such regulation or order, whenever the attorney general of the 
State has reason to believe that the interests of the residents 
of the State have been or are being threatened or adversely 
affected by a carrier or broker providing transportation 
subject to jurisdiction under subchapter I or III of chapter 
135 of this title, or a foreign motor carrier providing 
transportation registered under section 13902 of this title, 
that is engaged in household goods transportation that violates 
this part or a regulation or order of the Secretary or Board, 
as applicable.
  (b) Notice.--The State shall serve written notice to the 
Secretary or the Board, as the case may be, of any civil action 
under subsection (a) prior to initiating such civil action. The 
notice shall include a copy of the complaint to be filed to 
initiate such civil action, except that if it is not feasible 
for the State to provide such prior notice, the State shall 
provide such notice immediately upon instituting such civil 
action.
  (c) Authority To Intervene.--Upon receiving the notice 
required by subsection (b), the Secretary or Board may 
intervene in such civil action and upon intervening--
          (1) be heard on all matters arising in such civil 
        action; and
          (2) file petitions for appeal of a decision in such 
        civil action.
  (d) Construction.--For purposes of bringing any civil action 
under subsection (a), nothing in this section shall prevent the 
attorney general of a State from exercising the powers 
conferred on the attorney general by the laws of such State to 
conduct investigations or to administer oaths or affirmations 
or to compel the attendance of witnesses or the production of 
documentary and other evidence.
  (e) Venue; Service of Process.--In a civil action brought 
under subsection (a)--
          (1) the venue shall be a judicial district in which--
                  (A) the carrier, foreign motor carrier, or 
                broker operates;
                  (B) the carrier, foreign motor carrier, or 
                broker was authorized to provide transportation 
                at the time the complaint arose; or
                  (C) where the defendant in the civil action 
                is found;
          (2) process may be served without regard to the 
        territorial limits of the district or of the State in 
        which the civil action is instituted; and
          (3) a person who participated with a carrier or 
        broker in an alleged violation that is being litigated 
        in the civil action may be joined in the civil action 
        without regard to the residence of the person.
  (f) Enforcement of State Law.--Nothing contained in this 
section shall prohibit an authorized State official from 
proceeding in State court to enforce a criminal statute of such 
State.

               CHAPTER 149. CIVIL AND CRIMINAL PENALTIES

Sec. 14901. General civil penalties

  (a) Reporting and recordkeeping.--A person required to make a 
report to the Secretary or the Board, answer a question, or 
make, prepare, or preserve a record under this part concerning 
transportation subject to jurisdiction under subchapter I or 
III of chapter 135 or transportation by a foreign carrier 
registered under section 13902, or an officer, agent, or 
employee of that person that--
          (1) does not make the report;
          (2) does not specifically, completely, and truthfully 
        answer the question;
          (3) does not make, prepare, or preserve the record in 
        the form and manner prescribed;
          (4) does not comply with section 13901; or
          (5) does not comply with section 13902(c); is liable 
        to the United States for a civil penalty of not less 
        than $500 for each violation and for each additional 
        day the violation continues; except that, in the case 
        of a person who is not registered under this part to 
        provide transportation of passengers, or an officer, 
        agent, or employee of such person, that does not comply 
        with section 13901 with respect to providing 
        transportation of passengers, the amount of the civil 
        penalty shall not be less than $2,000 for each 
        violation and for each additional day the violation 
        continues.
  (b) Transportation of hazardous wastes.--A person subject to 
jurisdiction under subchapter I of chapter 135, or an officer, 
agent, or employee of that person, and who is required to 
comply with section 13901 of this title but does not so comply 
with respect to the transportation of hazardous wastes as 
defined by the Environmental Protection Agency pursuant to 
section 3001 of the Solid Waste Disposal Act (but not including 
any waste the regulation of which under the Solid Waste 
Disposal Act has been suspended by Congress) shall be liable to 
the United States for a civil penalty not to exceed $20,000 for 
each violation.
  (c) Factors to consider in determining amount.--In 
determining and negotiating the amount of a civil penalty under 
subsection (a) or (d) concerning transportation of household 
goods, the degree of culpability, any history of prior such 
conduct, the degree of harm to shipper or shippers, ability to 
pay, the effect on ability to do business, whether the shipper 
has been adequately compensated before institution of the 
proceeding, and such other matters as fairness may require 
shall be taken into account.
  (d) Protection of household goods shippers.--
          (1) In general._If a carrier providing transportation 
        of household goods subject to jurisdiction under 
        subchapter I or III of chapter 135 or a receiver or 
        trustee of such carrier fails or refuses to comply with 
        any regulation issued by the Secretary or the Board 
        relating to protection of individual shippers, such 
        carrier, receiver, or trustee is liable to the United 
        States for a civil penalty of not less than $1,000 for 
        each violation and for each additional day during which 
        the violation continues.
          (2) Estimate of broker without carrier agreement.--If 
        a broker for transportation of household goods subject 
        to jurisdiction under subchapter I of chapter 135 of 
        this title makes an estimate of the cost of 
        transporting any such goods before entering into an 
        agreement with a carrier to provide transportation of 
        household goods subject to such jurisdiction, the 
        broker is liable to the United States for a civil 
        penalty of not less than $10,000 for each violation.
          (3) Unauthorized transportation.--If a person 
        provides transportation of household goods subject to 
        jurisdiction under subchapter I of chapter 135 this 
        title or provides broker services for such 
        transportation without being registered under chapter 
        139 of this title to provide such transportation or 
        services as a motor carrier or broker, as the case may 
        be, such person is liable to the United States for a 
        civil penalty of not less than $25,000 for each 
        violation.
  (e) Violation relating to transportation of household 
goods.--Any person that knowingly engages in or knowingly 
authorizes an agent or other person--
          (1) to falsify documents used in the transportation 
        of household goods subject to jurisdiction under 
        subchapter I or III of chapter 135 which evidence the 
        weight of a shipment; or
          (2) to charge for accessorial services which are not 
        performed or for which the carrier is not entitled to 
        be compensated in any case in which such services are 
        not reasonably necessary in the safe and adequate 
        movement of the shipment;
is liable to the United States for a civil penalty of not less 
than $2,000 for each violation and of not less than $5,000 for 
each subsequent violation. Any State may bring a civil action 
in the United States district courts to compel a person to pay 
a civil penalty assessed under this subsection.
  (f) Venue.--Trial in a civil action under subsections (a) 
through (e) of this section is in the judicial district in 
which--
          (1) the carrier or broker has its principal office;
          (2) the carrier or broker was authorized to provide 
        transportation or service under this part when the 
        violation occurred;
          (3) the violation occurred; or
          (4) the offender is found.
Process in the action may be served in the judicial district of 
which the offender is an inhabitant or in which the offender 
may be found.
  (g) Business entertainment expenses.--
          (1) In general.--Any business entertainment expense 
        incurred by a water carrier providing transportation 
        subject to this part shall not constitute a violation 
        of this part if that expense would not be unlawful if 
        incurred by a person not subject to this part.
          (2) Cost of service.--Any business entertainment 
        expense subject to paragraph (1) that is paid or 
        incurred by a water carrier providing transportation 
        subject to this part shall not be taken into account in 
        determining the cost of service or the rate base for 
        purposes of section 13702.

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

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

                       SUBTITLE V. RAIL PROGRAMS

                             PART A. SAFETY

                          CHAPTER 201. GENERAL

              SUBCHAPTER II. PARTICULAR ASPECTS OF SAFETY

                             * * * * * * *

Sec. 20154. Capital grants for rail line relocation projects

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

                           PART B. ASSISTANCE

          [CHAPTER 223. LIGHT DENSITY RAIL LINE PILOT PROJECTS

[Sec. 22301. 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 foro 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 
$17,500,000 for each of the fiscal years 1998, 1999, 2000, 
2001, 2002, and 2003. Such funds shall remain available until 
expended.]

             CHAPTER 223--CAPITAL GRANTS FOR RAILROAD TRACK

Sec.
22301. Capital grants for railroad track.

Sec. 22301. Capital grants for railroad track

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

                    PART C. PASSENGER TRANSPORTATION

                          CHAPTER 241. GENERAL

Sec. 24104. Authorization of appropriations

  [(a) In general.--There are authorized to be appropriated to 
the Secretary of Transportation--
          [(1) $1,138,000,000 for fiscal year 1998;
          [(2) $1,058,000,000 for fiscal year 1999;
          [(3) $1,023,000,000 for fiscal year 2000;
          [(4) $989,000,000 for fiscal year 2001; and
          [(5) $955,000,000 for fiscal year 2002, for the 
        benefit of Amtrak for capital expenditures under 
        chapters 243, 247, and 249 of this title, operating 
        expenses, and payments described in subsection 
        (c)(1)(A) through (C). In fiscal years following the 
        fifth anniversary of the enactment of the Amtrak Reform 
        and Accountability Act of 1997 no funds authorized for 
        Amtrak shall be used for operating expenses other than 
        those prescribed for tax liabilities under section 3221 
        of the Internal Revenue Code of 1986 that are more than 
        the amount needed for benefits of individuals who 
        retire from Amtrak and for their beneficiaries.
  [(b) Operating expenses.--
          [(1) Not more than $381,000,000 may be appropriated 
        to the Secretary for each of the fiscal years ending 
        September 30, 1993, and September 30, 1994, for the 
        benefit of Amtrak for operating expenses. Not more than 
        5 percent of the amounts appropriated for each fiscal 
        year shall be used to pay operating expenses under 
        section 24704 of this title for transportation in 
        operation on September 30, 1992.
          [(2)(A) Not more than the following amounts may be 
        appropriated to the Secretary for the benefit of Amtrak 
        for operating losses under section 24704 of this title 
        for transportation beginning after September 30, 1992:
                  [(i) $7,500,000 for the fiscal year ending 
                September 30, 1993.
                  [(ii) $9,500,000 for the fiscal year ending 
                September 30, 1994.
          [(B) The expenditure by Amtrak of an amount 
        appropriated under subparagraph (A) of this paragraph 
        is deemed not to be an operating expense when 
        calculating the revenue-to-operating expense ratio of 
        Amtrak.
  [(c) Mandatory payments.--
          [(1) Not more than $150,000,000 for the fiscal year 
        ending September 30, 1993, and amounts that may be 
        necessary for the fiscal year ending September 30, 
        1994, may be appropriated to the Secretary to pay--
                  [(A) tax liabilities under section 3221 of 
                the Internal Revenue Code of 1986 (26 U.S.C. 
                3221) due in those fiscal years that are more 
                than the amount needed for benefits for 
                individuals who retire from Amtrak and for 
                their beneficiaries;
                  [(B) obligations of Amtrak under section 8(a) 
                of the Railroad Unemployment Insurance Act (45 
                U.S.C. 358(a)) due in those fiscal years that 
                are more than obligations of Amtrak calculated 
                on an experience-related basis; and
                  [(C) obligations of Amtrak due under section 
                3321 of the Code (26 U.S.C. 3321).
          [(2) Amounts appropriated under this subsection are 
        not a United States Government subsidy of Amtrak.
  [(d) Payment to Amtrak.--Amounts appropriated under this 
section shall be paid to Amtrak under the budget request of the 
Secretary as approved or modified by Congress when the amounts 
are appropriated. A payment may not be made more frequently 
than once every 90 days, unless Amtrak, for good cause, 
requests more frequent payment before a 90-day period ends. In 
each fiscal year in which amounts are authorized to be 
appropriated under this section, amounts appropriated shall be 
paid to Amtrak as follows:
          [(1) 50 percent on October 1.
          [(2) 25 percent on January 1.
          [(3) 25 percent on April 1.
  [(e) Availability of amounts and early appropriations.--
          [(1) Amounts appropriated under this section remain 
        available until expended.
          [(2) Amounts for capital acquisitions and 
        improvements may be appropriated in a fiscal year 
        before the fiscal year in which the amounts will be 
        obligated.
  [(f) Limitations on use.--Amounts appropriated under this 
section may not be used to subsidize operating losses of 
commuter rail passenger or rail freight transportation.]
  There are authorized to be appropriated to the Secretary of 
Transportation $2,000,000,000 for each of fiscal years 2004, 
2005, 2006, 2007, 2008, and 2009 for the benefit of Amtrak for 
operating expenses.

             SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS

                            PART A. GENERAL

                   CHAPTER 301. MOTOR VEHICLE SAFETY

                         SUBCHAPTER I. GENERAL

Sec. 30106. Agency accountability

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

                SUBCHAPTER II. STANDARDS AND COMPLIANCE

Sec. 30112. Prohibitions on manufacturing, selling, and importing 
                    noncomplying motor vehicles and equipment

  (a) General.--Except as provided in this section, sections 
30113 and 30114 of this title, and subchapter III of this 
chapter, a [person] person, including a foreign motor carrier, 
may not manufacture for sale, sell, offer for sale, introduce 
or deliver for introduction in interstate commerce, or import 
into the United States, any motor vehicle or motor vehicle 
equipment manufactured on or after the date an applicable motor 
vehicle safety standard prescribed under this chapter takes 
effect unless the vehicle or equipment complies with the 
standard and is covered by a certification issued under section 
30115 of this title.
  (b) Nonapplication.--This section does not apply to--
          (1) the sale, offer for sale, or introduction or 
        delivery for introduction in interstate commerce of a 
        motor vehicle or motor vehicle equipment after the 
        first purchase of the vehicle or equipment in good 
        faith other than for resale;
          (2) a person--
                  (A) establishing that the person had no 
                reason to know, despite exercising reasonable 
                care, that a motor vehicle or motor vehicle 
                equipment does not comply with applicable motor 
                vehicle safety standards prescribed under this 
                chapter; or
                  (B) holding, without knowing about the 
                noncompliance and before the vehicle or 
                equipment is first purchased in good faith 
                other than for resale, a certificate issued by 
                a manufacturer or importer stating the vehicle 
                or equipment complies with applicable standards 
                prescribed under this chapter;
          (3) a motor vehicle or motor vehicle equipment 
        intended only for export, labeled for export on the 
        vehicle or equipment and on the outside of any 
        container of the vehicle or equipment, and exported;
          (4) a motor vehicle the Secretary of Transportation 
        decides under section 30141 of this title is capable of 
        complying with applicable standards prescribed under 
        this chapter;
          (5) a motor vehicle imported for personal use by an 
        individual who receives an exemption under section 
        30142 of this title;
          (6) a motor vehicle under section 30143 of this title 
        imported by an individual employed outside the United 
        States;
          (7) a motor vehicle under section 30144 of this title 
        imported on a temporary basis;
          (8) a motor vehicle or item of motor vehicle 
        equipment under section 30145 of this title requiring 
        further manufacturing; or
          (9) a motor vehicle that is at least 25 years old.
  (c) Definitions.--In this section:
          (1) Foreign motor carrier.--The term ``foreign motor 
        carrier'' has the meaning given that term in section 
        13102 of this title.
          (2) Import.--The term ``import'' means transport by 
        any means into the United States, on a permanent or 
        temporary basis, including the transportation of a 
        motor vehicle into the United States for the purpose of 
        providing the transportation of cargo or passengers.

Sec. 30115. Certification of compliance

  (a) In general.--A manufacturer or distributor of a motor 
vehicle or motor vehicle equipment shall certify to the 
distributor or dealer at delivery that the vehicle or equipment 
complies with applicable motor vehicle safety standards 
prescribed under this chapter. A person may not issue the 
certificate if, in exercising reasonable care, the person has 
reason to know the certificate is false or misleading in a 
material respect. Certification of a vehicle must be shown by a 
label or tag permanently fixed to the vehicle. Certification of 
equipment may be shown by a label or tag on the equipment or on 
the outside of the container in which the equipment is 
delivered.
  (b) Certification label.--In the case of the certification 
label affixed by an intermediate or final stage manufacturer of 
a motor vehicle built in more than 1 stage, each intermediate 
or final stage manufacturer shall certify with respect to each 
applicable Federal motor vehicle safety standard--
          (1) that it has complied with the specifications set 
        forth in the compliance documentation provided by the 
        incomplete motor vehicle manufacturer in accordance 
        with regulations prescribed by the Secretary; or
          (2) that it has elected to assume responsibility for 
        compliance with that standard.
If the intermediate or final stage manufacturer elects to 
assume responsibility for compliance with the standard covered 
by the documentation provided by an incomplete motor vehicle 
manufacturer, the intermediate or final stage manufacturer 
shall notify the incomplete motor vehicle manufacturer in 
writing within a reasonable time of affixing the certification 
label. A violation of this subsection shall not be subject to a 
civil penalty under section 30165.
  (c) Application to Foreign Motor Carriers.--
          (1) In general.--The requirement for certification 
        described in subsection (a) shall apply to a foreign 
        motor carrier that imports a motor vehicle or motor 
        vehicle equipment into the United States. Such 
        certification shall be made to the Secretary of 
        Transportation prior to the import of the vehicle or 
        equipment.
          (2) Definitions.--In this subsection:
                  (A) Foreign motor carrier.--The term 
                ``foreign motor carrier'' has the meaning given 
                that term in section 13102 of this title.
                  (B) Import.--The term ``import'' has the 
                meaning given that term in section 30112 of 
                this title.

Sec. 30120. Remedies for defects and noncompliance

  (a) Ways to remedy.--
          (1) Subject to subsections (f) and (g) of this 
        section, when notification of a defect or noncompliance 
        is required under section 30118(b) or (c) of this 
        title, the manufacturer of the defective or 
        noncomplying motor vehicle or replacement equipment 
        shall remedy the defect or noncompliance without charge 
        when the vehicle or equipment is presented for remedy. 
        Subject to subsections (b) and (c) of this section, the 
        manufacturer shall remedy the defect or noncompliance 
        in any of the following ways the manufacturer chooses:
                  (A) if a vehicle--
                          (i) by repairing the vehicle;
                          (ii) by replacing the vehicle with an 
                        identical or reasonably equivalent 
                        vehicle; or
                          (iii) by refunding the purchase 
                        price, less a reasonable allowance for 
                        depreciation.
                  (B) if replacement equipment, by repairing 
                the equipment or replacing the equipment with 
                identical or reasonably equivalent equipment.
          (2) The Secretary of Transportation may prescribe 
        regulations to allow the manufacturer to impose 
        conditions on the replacement of a motor vehicle or 
        refund of its price.
  (b) Tire remedies.--
          (1) A manufacturer of a tire, including an original 
        equipment tire, shall remedy a defective or 
        noncomplying tire if the owner or purchaser presents 
        the tire for remedy not later than 60 days after the 
        later of--
                  (A) the day the owner or purchaser receives 
                notification under section 30119 of this title; 
                or
                  (B) if the manufacturer decides to replace 
                the tire, the day the owner or purchaser 
                receives notification that a replacement is 
                available.
          (2) If the manufacturer decides to replace the tire 
        and the replacement is not available during the 60-day 
        period, the owner or purchaser must present the tire 
        for remedy during a subsequent 60-day period that 
        begins only after the owner or purchaser receives 
        notification that a replacement will be available 
        during the subsequent period. If tires are available 
        during the subsequent period, only a tire presented for 
        remedy during that period must be remedied.
  (3) Reimbursement for tires replaced before replacement 
notification is received.--A manufacturer, through its remedy 
program, shall include a plan for reimbursing an owner or 
purchaser who incurred the cost of the remedy in advance of the 
manufacturer's notification under subsection (b) or (c) of 
section 30118 up to 6 months after the last defect notice is 
mailed to owners.
  (c) Adequacy of repairs.--
          (1) If a manufacturer decides to repair a defective 
        or noncomplying motor vehicle or replacement equipment 
        and the repair is not done adequately within a 
        reasonable time, the manufacturer shall--
                  (A) replace the vehicle or equipment without 
                charge with an identical or reasonably 
                equivalent vehicle or equipment; or
                  (B) for a vehicle, refund the purchase price, 
                less a reasonable allowance for depreciation.
          (2) Failure to repair a motor vehicle or replacement 
        equipment adequately not later than 60 days after its 
        presentation is prima facie evidence of failure to 
        repair within a reasonable time. However, the Secretary 
        may extend, by order, the 60-day period if good cause 
        for an extension is shown and the reason is published 
        in the Federal Register before the period ends. 
        Presentation of a vehicle or equipment for repair 
        before the date specified by a manufacturer in a notice 
        under section 30119(a)(5) or 30121(c)(2) of this title 
        is not a presentation under this subsection.
          (3) If the Secretary determines that a manufacturer's 
        remedy program is not likely to be capable of 
        completion within a reasonable time, the Secretary may 
        require the manufacturer to accelerate the remedy 
        program if the Secretary finds--
                  (A) that there is a risk of serious injury or 
                death if the remedy program is not accelerated; 
                and
                  (B) that acceleration of the remedy program 
                can be reasonably achieved by expanding the 
                sources of replacement parts, expanding the 
                number of authorized repair facilities, or 
                both. The Secretary may prescribe regulations 
                to carry out this paragraph.
  (d) Filing manufacturer's remedy program.--A manufacturer 
shall file with the Secretary a copy of the manufacturer's 
program under this section for remedying a defect or 
noncompliance. The Secretary shall make the program available 
to the public and publish a notice of availability in the 
Federal Register. A manufacturer's remedy program shall include 
a plan for reimbursing an owner or purchaser who incurred the 
cost of the remedy within a reasonable time in advance of the 
manufacturer's notification under subsection (b) or (c) of 
section 30118. The Secretary may prescribe regulations 
establishing what constitutes a reasonable time for purposes of 
the preceding sentence and other reasonable conditions for the 
reimbursement plan. In the case of a remedy program involving 
the replacement of tires, the manufacturer shall include a plan 
addressing how to prevent, to the extent reasonably within the 
control of the manufacturer, replaced tires from being resold 
for installation on a motor vehicle, and how to limit, to the 
extent reasonably within the control of the manufacturer, the 
disposal of replaced tires in landfills, particularly through 
shredding, crumbling, recycling, recovery, and other 
alternative beneficial non-vehicular uses. The manufacturer 
shall include information about the implementation of such plan 
with each quarterly report to the Secretary regarding the 
progress of any notification or remedy campaigns.
  (e) Hearings about meeting remedy requirements.--On the 
motion of the Secretary or on application by any interested 
person, the Secretary may conduct a hearing to decide whether 
the manufacturer has reasonably met the remedy requirements 
under this section. Any interested person may make written and 
oral presentations of information, views, and arguments on 
whether the manufacturer has reasonably met the remedy 
requirements. If the Secretary decides a manufacturer has not 
reasonably met the remedy requirements, the Secretary shall 
order the manufacturer to take specified action to meet those 
requirements and may take any other action authorized under 
this chapter.
  (f) Fair reimbursement to dealers.--A manufacturer shall pay 
fair reimbursement to a dealer providing a remedy without 
charge under this section.
  (g) Nonapplication.--
          (1) The requirement that a remedy be provided without 
        charge does not apply if the motor vehicle or 
        replacement equipment was bought by the first purchaser 
        more than 10 calendar years, or the tire, including an 
        original equipment tire, was bought by the first 
        purchaser more than 5 calendar years, before notice is 
        given under section 30118(c) of this title or an order 
        is issued under section 30118(b) of this title, 
        whichever is earlier.
          (2) This section does not apply during any period in 
        which enforcement of an order under section 30118(b) of 
        this title is restrained or the order is set aside in a 
        civil action to which section 30121(d) of this title 
        applies.
  (h) Exemptions.--On application of a manufacturer, the 
Secretary shall exempt the manufacturer from this section if 
the Secretary decides a defect or noncompliance is 
inconsequential to motor vehicle safety. The Secretary may take 
action under this subsection only after notice in the Federal 
Register and an opportunity for any interested person to 
present information, views, and arguments.
  (i) Limitation on sale or lease.--
          (1) If notification is required by an order under 
        section 30118(b) of this title or is required under 
        section 30118(c) of this title and the manufacturer has 
        provided to a dealer (including retailers of motor 
        vehicle equipment) notification about a new motor 
        vehicle or new item of replacement equipment in the 
        dealer's possession at the time of notification that 
        contains a defect related to motor vehicle safety or 
        does not comply with an applicable motor vehicle safety 
        standard prescribed under this chapter, the dealer may 
        sell or lease the motor vehicle or item of replacement 
        equipment only if--
                  (A) the defect or noncompliance is remedied 
                as required by this section before delivery 
                under the sale or lease; or
                  (B) when the notification is required by an 
                order under section 30118(b) of this title, 
                enforcement of the order is restrained or the 
                order is set aside in a civil action to which 
                section 30121(d) of this title applies.
          (2) This subsection does not prohibit a dealer from 
        offering for sale or lease the vehicle or equipment.
  (j) Prohibition on sales of replaced equipment.--No person 
may sell or lease any motor vehicle equipment (including a 
tire), for installation on a motor vehicle, that is the subject 
of a decision under section 30118(b) or a notice required under 
section 30118(c) in a condition that it may be reasonably used 
for its original purpose unless--
          (1) the defect or noncompliance is remedied as 
        required by this section before delivery under the sale 
        or lease; or
          (2) notification of the defect or noncompliance is 
        required under section 30118(b) but enforcement of the 
        order is set aside in a civil action to which section 
        30121(d) applies.

                             * * * * * * *

Sec. 30128. Vehicle accident ejection protection

  (a) In General.--The Secretary shall issue a safety standard 
to reduce complete and partial ejection from passenger motor 
vehicles with a gross vehicle weight rating of up to 10,000 
pounds that are involved in accidents that present a risk of 
occupant ejection. The reduction in such ejections shall be 
based on the combined ejection-mitigation capabilities of 
safety technologies, such as advanced side glazing, side 
curtains, and side impact air bags.
  (b) Door Lock and Retention Standard.--The Secretary shall 
issue a rule to require manufacturers of new passenger motor 
vehicles distributed in commerce for sale in the United States 
to make such modifications to door locks, door latches, and 
retention components of doors in such vehicles as the Secretary 
determines to be necessary to prevent occupant ejection in 
vehicle accidents.

Sec. 30129. Vehicle compatibility and aggressivity reduction standard

  (a) In General.--The Secretary of Transportation, through the 
National Highway Traffic Safety Administration, shall issue 
safety regulations to reduce vehicle incompatibility and 
aggressivity for passenger vehicles and non-passenger vehicles. 
The regulations shall address bumper height, weight, and any 
other characteristics necessary to ensure better management of 
crash forces in multiple vehicle frontal and side impact 
crashes between different types, sizes, and weights of 
passenger vehicles with a gross vehicle weight of 10,000 pounds 
or less in order to decrease occupant deaths and injuries.
  (b) Standards.--The Secretary, through the Administration, 
shall develop a standard rating metric to evaluate 
compatibility and aggressivity among passenger motor vehicles.
  (c) Public Information.--The Secretary, through the 
Administration, shall create a public information program that 
includes vehicle rating based on risks to occupants, risks to 
other motorists, and combined risks by vehicle make and model.

Sec. 30130. Improved crashworthiness of passenger motor vehicles

  (a) Rollovers.--
          (1) In general.--The Secretary of Transportation, 
        through the National Highway Traffic Safety 
        Administration, shall prescribe a motor vehicle safety 
        standard under this chapter for rollover 
        crashworthiness standards for passenger motor vehicles 
        with a gross vehicle weight of not more than 10,000 
        pounds, using a roof strength standard based on dynamic 
        tests that realistically duplicate the actual forces 
        transmitted to a motor vehicle during an on-roof 
        rollover crash, that includes--
                  (A) dynamic roof crush standards;
                  (B) improved seat structure and safety belt 
                design, including seat belt pretensioners and 
                load limiters;
                  (C) side impact head protection airbags; and
                  (D) roof injury protection measures.
          (2) Rollover resistance standard.--The Secretary, 
        through the Administration, shall prescribe a rollover 
        prevention standard under this chapter that includes 
        improvements on the basic design characteristics of 
        passenger motor vehicles to increase their resistance 
        to roll over. The Secretary shall also require 
        additional technologies to improve the handling of 
        passenger motor vehicles and thereby reduce the 
        likelihood of vehicle instability and rollovers.
  (b) Frontal Impact Standards and Crash Tests.--
          (1)In general.--The Secretary, through the 
        Administration, shall prescribe a motor vehicle safety 
        standard under this chapter to improve the protection 
        afforded to occupants in frontal impact crashes 
        involving passenger motor vehicles with a gross vehicle 
        weight of not more than 10,000 pounds.
          (2) Test methodology.--In prescribing the standard 
        under paragraph (1), the Secretary shall--
                  (A) evaluate additional test barriers and 
                measurements of occupant head impact and neck 
                injuries; and
                  (B) review frontal impact criteria, including 
                consideration of criteria established by the 
                Insurance Institute for Highway Safety.
  (c) Side Impact Standards and Crash Tests.--
          (1)In general.--The Secretary, through the 
        Administration, shall prescribe a motor vehicle safety 
        standard under this chapter to improve the protection 
        afforded to occupants in side impact crashes involving 
        passenger motor vehicles with a gross vehicle weight of 
        not more than 10,000 pounds.
          (2) Test methodology.--In prescribing the standard 
        under paragraph (1), the Secretary shall--
                  (A) evaluate additional test barriers and 
                measurements of occupant head impact and neck 
                injuries;
                  (C) consider the need for additional and new 
                crash test dummies that represent the full 
                range of occupant sizes and weights; and
                  (D) review side impact criteria, including 
                consideration of criteria established by the 
                Insurance Institute for Highway Safety.

                           PART B. COMMERCIAL

              CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY

 SUBCHAPTER I. STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS

Sec. 31102. Grants to States

  (a) General authority.--Subject to this section and the 
availability of amounts, the Secretary of Transportation may 
make grants to States for the development or implementation of 
programs for improving motor carrier safety and the enforcement 
of regulations, standards, and orders of the United States 
Government on commercial motor vehicle safety, hazardous 
materials transportation safety, and compatible State 
regulations, standards, and orders.
  (b) State plan procedures and contents.--
          (1) The Secretary shall prescribe procedures for a 
        State to submit a plan under which the State agrees to 
        assume responsibility for improving motor carrier 
        safety and to adopt and enforce regulations, standards, 
        and orders of the Government on commercial motor 
        vehicle safety, hazardous materials transportation 
        safety, or compatible State regulations, standards, and 
        orders. The Secretary shall approve the plan if the 
        Secretary decides the plan is adequate to promote the 
        objectives of this section and the plan--
                  (A) implements performance-based [activities 
                by fiscal year 2000;] activities for commercial 
                motor vehicles of passengers and freight;
                  (B) designates the State motor vehicle safety 
                agency responsible for administering the plan 
                throughout the State;
                  (C) contains satisfactory assurances the 
                agency has or will have the legal authority, 
                resources, and qualified personnel necessary to 
                enforce the regulations, standards, and orders;
                  (D) contains satisfactory assurances the 
                State will devote adequate amounts to the 
                administration of the plan and enforcement of 
                the regulations, standards, and orders;
                  (E) provides that the total expenditure of 
                amounts of the State and its political 
                subdivisions (not including amounts of the 
                Government) for commercial motor vehicle safety 
                programs for enforcement of commercial motor 
                vehicle size and weight limitations, drug 
                interdiction, and State traffic safety laws and 
                regulations under subsection (c) of this 
                section will be maintained at a level at least 
                equal to the average level of that expenditure 
                for its last 3 full fiscal [years before 
                December 18, 1991;] years;
                  (F) provides a right of entry and inspection 
                to carry out the plan;
                  (G) provides that all reports required under 
                this section be submitted to the agency and 
                that the agency will make the reports available 
                to the Secretary on request;
                  (H) provides that the agency will adopt the 
                reporting requirements and use the forms for 
                recordkeeping, inspections, and investigations 
                the Secretary prescribes;
                  (I) requires registrants of commercial motor 
                vehicles to make a declaration of knowledge of 
                applicable safety regulations, standards, and 
                orders of the Government and the State;
                  (J) provides that the State will grant 
                maximum reciprocity for inspections conducted 
                under the North American Inspection Standard 
                through the use of a nationally accepted system 
                that allows ready identification of previously 
                inspected commercial motor vehicles;
                  (K) ensures that activities described in 
                subsection (c)(1) of this section, if financed 
                with grants under subsection (a) of this 
                section, will not diminish the effectiveness of 
                the development and implementation of 
                commercial motor vehicle safety programs 
                described in subsection (a);
                  (L) ensures that the State agency will 
                coordinate the plan, data collection, and 
                information systems with State highway safety 
                programs under title 23;
                  (M) ensures participation in SAFETYNET and 
                other information systems by all appropriate 
                jurisdictions receiving funding under this 
                section;
                  (N) ensures that information is exchanged 
                among the States in a timely manner;
                  (O) provides satisfactory assurances that the 
                State will undertake efforts that will 
                emphasize and improve enforcement of State and 
                local traffic safety laws and regulations 
                related to commercial motor vehicle safety;
                  (P) provides satisfactory assurances that the 
                State will promote activities in support of 
                national priorities and performance goals, 
                including--
                          (i) activities aimed at removing 
                        impaired commercial motor vehicle 
                        drivers from the highways of the United 
                        States through adequate enforcement of 
                        regulations on the use of alcohol and 
                        controlled substances and by ensuring 
                        ready roadside access to alcohol 
                        detection and measuring equipment;
                          (ii) activities aimed at providing an 
                        appropriate level of training to State 
                        motor carrier safety assistance program 
                        officers and employees on recognizing 
                        drivers impaired by alcohol or 
                        controlled substances; and
                          (iii) interdiction activities 
                        affecting the transportation of 
                        controlled substances by commercial 
                        motor vehicle drivers and training on 
                        appropriate strategies for carrying out 
                        those interdiction activities;
                  (Q) provides that the State will establish a 
                program 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;
                  (R) ensures that the State will cooperate in 
                the enforcement of registration requirements 
                under section 13902 and financial 
                responsibility requirements under sections 
                13906, 31138, and 31139 and regulations issued 
                thereunder;
                  (S) ensures consistent, effective, and 
                reasonable sanctions; [and]
                  (T) ensures that roadside inspections will be 
                conducted at a location that is adequate to 
                protect the safety of drivers and enforcement 
                [personnel.] personnel;
                  (U) ensures that inspections of motor 
                carriers of passengers are conducted at 
                stations, terminals, border crossings, or 
                maintence facilities, except in the case of an 
                imminent or obvious safety hazard;
                  (V) provides that the State will include in 
                the training manual for the licensing 
                examination to drive a non-commercial motor 
                vehicle and a commercial motor vehicle, 
                information on best practices for driving 
                safely in the vicinity of commercial motor 
                vehicles and in the vicinity of non-commercial 
                vehicles, respectively; and
                  (W) provides that the State will enforce the 
                registration requirements of section 13902 by 
                suspending the operation of any vehicle 
                discovered to be operating without registration 
                or beyond the scope of its registration.
          (2) If the Secretary disapproves a plan under this 
        subsection, the Secretary shall give the State a 
        written explanation and allow the State to modify and 
        resubmit the plan for approval.
          (3) In estimating the average level of State 
        expenditure under paragraph (1)(D) of this subsection, 
        the Secretary--
                  (A) may allow the State to exclude State 
                expenditures for Government-sponsored 
                demonstration or pilot programs; and
                  (B) shall require the State to exclude 
                Government amounts and State matching amounts 
                used to receive Government financing under 
                subsection (a) of this section.
  [(c) Use of grants to enforce other laws.--A State may use 
amounts received under a grant under subsection (a) of this 
section for the following activities if the activities are 
carried out in conjunction with an appropriate inspection of 
the commercial motor vehicle to enforce Government or State 
commercial motor vehicle safety regulations:
          [(1) enforcement of commercial motor vehicle size and 
        weight limitations at locations other than fixed weight 
        facilities, at specific locations such as steep grades 
        or mountainous terrains where the weight of a 
        commercial motor vehicle can significantly affect the 
        safe operation of the vehicle, or at ports where 
        intermodal shipping containers enter and leave the 
        United States.
          [(2) detection of the unlawful presence of a 
        controlled substance (as defined under section 102 of 
        the Comprehensive Drug Abuse Prevention and Control Act 
        of 1970 (21 U.S.C. 802)) in a commercial motor vehicle 
        or on the person of any occupant (including the 
        operator) of the vehicle.
          [(3) enforcement of State traffic laws and 
        regulations designed to promote the safe operation of 
        commercial motor vehicles.]
  (c) Use of Grants to Enforce Other Laws.--A State may use 
amounts received under a grant under subsection (a) of this 
section for the following activities:
          (1) If the activities are carried out in conjunction 
        with an appropriate inspection of the commercial motor 
        vehicle to enforce Government or State commercial motor 
        vehicle safety regulations--
                  (A) enforcement of commercial motor vehicle 
                size and weight limitations at locations other 
                than fixed weight facilities, at specific 
                locations such as steep grades or mountainous 
                terrains where the weight of a commercial motor 
                vehicle can significantly affect the safe 
                operation of the vehicle, or at ports where 
                intermodal shipping containers enter and leave 
                the United States; and
                  (B) detection of the unlawful presence of a 
                controlled substance (as defined under section 
                102 of the Comprehensive Drug Abuse Prevention 
                and Control Act of 1970 (21 U.S.C. 802)) in a 
                commercial motor vehicle or on the person of 
                any occupant (including the operator) of the 
                vehicle.
          (2) Documented enforcement of State traffic laws and 
        regulations designed to promote the safe operation of 
        commercial motor vehicles, including documented 
        enforcement of such laws and regulations against non-
        commercial motor vehicles when necessary to promote the 
        safe operation of commercial motor vehicles.
  (d) Continuous evaluation of plans.--On the basis of reports 
submitted by a State motor vehicle safety agency of a State 
with a plan approved under this section and the Secretary's own 
investigations, the Secretary shall make a continuing 
evaluation of the way the State is carrying out the plan. If 
the Secretary finds, after notice and opportunity for comment, 
the State plan previously approved is not being followed or has 
become inadequate to ensure enforcement of the regulations, 
standards, or orders, the Secretary shall withdraw approval of 
the plan and notify the State. The plan stops being effective 
when the notice is received. A State adversely affected by the 
withdrawal may seek judicial review under chapter 7 of title 5. 
Notwithstanding the withdrawal, the State may retain 
jurisdiction in administrative or judicial proceedings begun 
before the withdrawal if the issues involved are not related 
directly to the reasons for the withdrawal.

Sec. 31103. United States Government's share of costs

  (a) Commercial motor vehicle safety programs and 
enforcement.--The Secretary of Transportation shall reimburse a 
State, from a grant made under this subchapter, an amount that 
is not more than 80 percent of the costs incurred by the State 
in a fiscal year in developing and implementing programs to 
improve commercial motor vehicle safety and enforce commercial 
motor vehicle regulations, standards, or orders adopted under 
this subchapter or subchapter II of this chapter. In 
determining those costs, the Secretary shall include in-kind 
contributions by the State. Amounts of the State and its 
political subdivisions required to be expended under section 
31102(b)(1)(D) of this title may not be included as part of the 
share not provided by the United States Government. Amounts 
generated by the Unified Carrier Registration Agreement, under 
section 14504a of this title and received by a State and used 
for motor carrier safety purposes may be included as part of 
the State's share not provided by the United States. The 
Secretary may allocate among the States whose applications for 
grants have been approved those amounts appropriated for grants 
to support those programs, under criteria that may be 
established.
  (b) Other activities.--(1) The Secretary may reimburse State 
agencies, local governments, or other persons up to 100 percent 
for public education activities authorized by section 
31104(f)(2).
          (2) New entrant motor carrier audit funds.--From the 
        amounts designated under section 31104(f)(4), the 
        Secretary may allocate new entrant motor carrier audit 
        funds to States and local governments without requiring 
        a matching contribution from such States or local 
        governments.

Sec. 31104. Availability of amounts

  [(a) In general.--The following amounts are made available 
from the Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary of Transportation to incur 
obligations to carry out section 31102:
          [(1) Not more than $79,000,000 for fiscal year 1998.
          [(2) Not more than $90,000,000 for fiscal year 1999.
          [(3) Not more than $95,000,000 for fiscal year 2000.
          [(4) Not more than $100,000,000 for fiscal year 2001.
          [(5) Not more than $105,000,000 for fiscal year 2002.
          [(6) Not more than $110,000,000 for fiscal year 2003.
          [(7) Not more than $68,750,000 for the period of 
        October 1, 2003, through February 29, 2004.]
  (a) In General.--There are authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) to 
carry out section 31102:
          (1) Not more than $186,100,000 for fiscal year 2004.
          (2) Not more than $189,800,000 for fiscal year 2005.
          (3) Not more than $193,600,000 for fiscal year 2006.
          (4) Not more than $197,500,000 for fiscal year 2007.
          (5) Not more than $201,400,000 for fiscal year 2008.
          (6) Not more than $205,500,000 for fiscal year 2009.
  (b) Availability and reallocation of amounts.--Amounts made 
available under subsection (a) of this section remain available 
until expended. Allocations to a State remain available for 
expenditure in the State for the fiscal year in which they are 
allocated and for the next fiscal year. Amounts not expended by 
a State during those 2 fiscal years are released to the 
Secretary for reallocation.
  (c) Reimbursement for Government's share of costs.--Amounts 
made available under subsection (a) of this section shall be 
used to reimburse States proportionately for the United States 
Government's share of costs incurred.
  (d) Grants as contractual obligations.--Approval by the 
Secretary of a grant to a State under section 31102 of this 
title is a contractual obligation of the Government for payment 
of the Government's share of costs incurred by the State in 
developing, implementing, or developing and implementing 
programs to enforce commercial motor vehicle regulations, 
standards, and orders.
  (e) Deduction for administrative expenses.--On October 1 of 
each fiscal year or as soon after that date as practicable, the 
Secretary may deduct, from amounts made available under 
subsection (a) of this section for that fiscal year, not more 
than 1.25 percent of those amounts for administrative expenses 
incurred in carrying out section 31102 of this title in that 
fiscal year. The Secretary shall use at least 75 percent of 
those deducted amounts to train non-Government employees and to 
develop related training materials in carrying out section 
31102.
  (f) Allocation criteria and eligibility.--
          (1) In general.--On October 1 of each fiscal year or 
        as soon after that date as practicable and after making 
        the deduction under subsection (e), the Secretary shall 
        allocate amounts made available to carry out section 
        31102 for such fiscal year among the States with plans 
        approved under section 31102. Such allocation shall be 
        made under such criteria as the Secretary prescribes by 
        regulation.
          [(2) High-priority and border activities.--
                  [(A) High-priority activities and projects.--
                The Secretary may designate up to 5 percent of 
                amounts available for allocation under 
                paragraph (1) for States, local governments, 
                and other persons for carrying out high 
                priority activities and projects that improve 
                commercial motor vehicle safety and compliance 
                with commercial motor vehicle safety 
                regulations, including activities and projects 
                that are national in scope, increase public 
                awareness and education, or demonstrate new 
                technologies.The amounts designated under this 
                subparagraph shall be allocated by the 
                Secretary to State agencies, local governments, 
                and other persons that use and train qualified 
                officers and employees in coordination with 
                State motor vehicle safety agencies.
                  [(B) Border commercial motor vehicle safety 
                and enforcement programs.--The Secretary may 
                designate up to 5 percent of amounts available 
                for allocation under paragraph (1) for States, 
                local governments, and other persons for 
                carrying out border commercial motor vehicle 
                safety programs and enforcement activities and 
                projects. The amounts designated under this 
                subparagraph shall be allocated by the 
                Secretary to State agencies, local governments, 
                and other persons that use and train qualified 
                officers and employees in coordination with 
                State motor vehicle safety agencies.]
          (2) High-priority activities.--The Secretary may 
        designate up to 5 percent of amounts available for 
        allocation under paragraph (1) for States, local 
        governments, and organizations representing government 
        agencies or officials for carrying out high priority 
        activities and projects that improve commercial motor 
        vehicle safety and compliance with commercial motor 
        vehicle safety regulations, including activities and 
        projects that are national in scope, increase public 
        awareness and education, or demonstrate new 
        technologies. The amounts designated under this 
        paragraph shall be allocated by the Secretary to State 
        agencies, local governments, and organizations 
        representing government agencies or officials that use 
        and train qualified officers and employees in 
        coordination with State motor vehicle safety agencies. 
        At least 80 percent of the amounts designated under 
        this paragraph shall be awarded to State agencies and 
        local government agencies.
          (3) Safety-performance incentive programs.--The 
        Secretary may designate up to 10 percent of the amounts 
        available for allocation under paragraph (1) for safety 
        performance incentive programs for States. The 
        Secretary shall establish safety performance criteria 
        to be used to distribute incentive program funds. Such 
        criteria shall include, at a minimum, reduction in the 
        number and rate of fatal accidents involving commercial 
        motor vehicles. Allocations under this paragraph do not 
        require a matching contribution from a State.
          (4) New entrant audits.--The Secretary shall 
        designate up to $29,000,000 of the amounts available 
        for allocation under paragraph (1) for audits of new 
        entrant motor carriers conducted pursuant to 31144(f). 
        The Secretary may withhold such funds from a State or 
        local government that is unable to use government 
        employees to conduct new entrant motor carrier audits, 
        and may instead utilize the funds to conduct audits in 
        those jurisdictions.
  (g) Payment to States for costs.--Each State shall submit 
vouchers for costs the State incurs under this section and 
section 31102 of this title. The Secretary shall pay the State 
an amount not more than the Government share of costs incurred 
as of the date of the vouchers.
  (h) Intrastate compatibility.--The Secretary shall prescribe 
regulations specifying tolerance guidelines and standards for 
ensuring compatibility of intrastate commercial motor vehicle 
safety laws and regulations with Government motor carrier 
safety regulations to be enforced under section 31102(a) of 
this title. To the extent practicable, the guidelines and 
standards shall allow for maximum flexibility while ensuring 
the degree of uniformity that will not diminish transportation 
safety. In reviewing State plans and allocating amounts or 
making grants under section 153 of title 23, the Secretary 
shall ensure that the guidelines and standards are applied 
uniformly.
  (i) Administrative expenses.--
          (1) There are authorized to be appropriated from the 
        Highway Trust Fund (other than the Mass Transit 
        Account) for the Secretary of Transportation to pay 
        administrative expenses of the Federal Motor Carrier 
        Safety Administration--
                  (A) $227,900,000 for fiscal year 2004;
                  (B) $231,200,000 for fiscal year 2005;
                  (C) $236,400,000 for fiscal year 2006;
                  (D) $242,500,000 for fiscal year 2007;
                  (E) $247,600,000 for fiscal year 2008; and
                  (F) $253,500,000 for fiscal year 2009.
          (2) The funds authorized by this subsection shall be 
        used for personnel costs; administrative 
        infrastructure; rent; information technology; programs 
        for research and technology, information management, 
        regulatory development (including a medical review 
        board and rules for medical examiners), performance and 
        registration information system management, and 
        outreach and education; other operating expenses and 
        similar matters; and such other expenses as may from 
        time to time become necessary to implement statutory 
        mandates not funded from other sources.
          (3) The amounts made available under this section 
        shall remain available until expended.
          (4) Of the funds authorized by paragraph (1), 
        $25,000,000 shall be used in each of fiscal years 2004 
        through 2009 for deployment of the Commercial Vehicle 
        Information Systems and Networks under section program 
        established under section 241 of the Motor Carrier 
        Safety Reauthorization Act of 2003.
          (5) Of the funds authorized by paragraph (1), 
        $6,750,000 in each of fiscal years 2004 through 2009 
        shall be used to carry out the medical program under 
        section 31149.

Sec. 31106. Information systems

  (a) Information systems and data analysis.--
          (1) In general.--Subject to the provisions of this 
        section, the Secretary shall establish and operate 
        motor carrier, commercial motor vehicle, and driver 
        information systems and data analysis programs to 
        support safety regulatory and enforcement activities 
        required under this title.
          (2) Network coordination.--In cooperation with the 
        States, the information systems under this section 
        shall be coordinated into a network providing accurate 
        identification of motor carriers and drivers, 
        commercial motor vehicle registration and license 
        tracking, and motor carrier, commercial motor vehicle, 
        and driver safety performance data.
          (3) Data analysis capacity and programs.--The 
        Secretary shall develop and maintain under this section 
        data analysis capacity and programs that provide the 
        means to--
                  (A) identify and collect necessary motor 
                carrier, commercial motor vehicle, and driver 
                data;
                  (B) evaluate the safety fitness of motor 
                carriers and drivers;
                  (C) develop strategies to mitigate safety 
                problems and to use data analysis to address 
                and measure the effectiveness of such 
                strategies and related programs;
                  (D) determine the cost-effectiveness of 
                Federal and State safety compliance and 
                enforcement programs and other countermeasures; 
                and
                  (E) adapt, improve, and incorporate other 
                information and information systems as the 
                Secretary determines appropriate.
          (4) Standards.--To implement this section, the 
        Secretary shall prescribe technical and operational 
        standards to ensure--
                  (A) uniform, timely, and accurate information 
                collection and reporting by the States and 
                other entities as determined appropriate by the 
                Secretary;
                  (B) uniform Federal, State, and local 
                policies and procedures necessary to operate 
                the information system; and
                  (C) the reliability and availability of the 
                information to the Secretary and States.
  (b) Performance and registration information program.--
          (1) Information clearinghouse.--The Secretary shall 
        include, as part of the motor carrier information 
        system authorized by this section, a program to 
        establish and maintain a clearinghouse and repository 
        of information related to State registration and 
        licensing of commercial motor vehicles, the registrants 
        of such vehicles, and the motor carriers operating such 
        vehicles. The clearinghouse and repository may include 
        information on the safety fitness of each of the motor 
        carriers and registrants and other information the 
        Secretary considers appropriate, including information 
        on motor carrier, commercial motor vehicle, and driver 
        safety performance.
          [(2) Design.--The program shall link Federal motor 
        carrier safety information systems with State driver 
        and commercial vehicle registration and licensing 
        systems and shall be designed to enable a State to--
                  [(A) determine the safety fitness of a motor 
                carrier or registrant when licensing or 
                registering the registrant or motor carrier or 
                while the license or registration is in effect; 
                and
                  [(B) decide, in cooperation with the 
                Secretary, whether and what types of sanctions 
                or operating limitations to impose on the motor 
                carrier or registrant to ensure safety.
          [(3) Conditions for participation.--The Secretary 
        shall require States, as a condition of participation 
        in the program, to--
                  [(A) comply with the uniform policies, 
                procedures, and technical and operational 
                standards prescribed by the Secretary under 
                subsection (a)(4); and
                  [(B) possess or seek authority to impose 
                commercial motor vehicle registration sanctions 
                on the basis of a Federal safety fitness 
                determination.]
          (2) Design.--The program shall link Federal motor 
        carrier safety information systems with State 
        commercial vehicle registration and licensing systems 
        and shall be designed to enable a State to--
                  (A) determine the safety fitness of a motor 
                carrier or registrant when licensing or 
                registering the registrant or motor carrier or 
                while the license or registration is in effect; 
                and
                  (B) deny, suspend, or revoke the commercial 
                motor vehicle registrations of a motor carrier 
                or registrant that has been issued an 
                operations out-of-service order by the 
                Secretary.
          (3) Conditions for Participation.--The Secretary 
        shall require States, as a condition of participation 
        in the program, to--
                  (A) comply with the uniform policies, 
                procedures, and technical and operational 
                standards prescribed by the Secretary under 
                subsection (a)(4);
                  (B) possess the authority to impose sanctions 
                relating to commercial motor vehicle 
                registration on the basis of a Federal safety 
                fitness determination; and
                  (C) cancel the motor vehicle registration and 
                seize the registration plates of an employer 
                found liable under section 31310(i)(2)(C) of 
                this title for knowingly allowing or requiring 
                an employee to operate a commercial motor 
                vehicle in violation of an out-of-service 
                order.
          [(4) Funding.--The Secretary may make available up to 
        50 percent of the amounts available to carry out this 
        section by section 31107 in each of fiscal years 1998, 
        1999, 2000, 2001, 2002, and 2003 to carry out this 
        subsection. The Secretary is encouraged to direct no 
        less than 80 percent of amounts made available to carry 
        out this subsection to States that have not previously 
        received financial assistance to develop or implement 
        the information systems authorized by this section.]
  (c) Commercial motor vehicle driver safety program.--In 
coordination with the information system under section 31309, 
the Secretary is authorized to establish a program to improve 
commercial motor vehicle driver safety. The objectives of the 
program shall include--
          (1) enhancing the exchange of driver licensing 
        information among the States, the Federal Government, 
        and foreign countries;
          (2) providing information to the judicial system on 
        commercial motor vehicle drivers;
          (3) evaluating any aspect of driver performance that 
        the Secretary determines appropriate; and
          (4) developing appropriate strategies and 
        countermeasures to improve driver safety.
  (d) 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, local 
governments, associations, institutions, corporations, and 
other persons.
  (e) Information availability and privacy protection policy.--
The Secretary shall develop a policy on making information 
available from the information systems authorized by this 
section and section 31309. The policy shall be consistent with 
existing Federal information laws, including regulations, and 
shall provide for review and correction of such information in 
a timely manner.

[Sec. 31107. Contract authority funding for information systems

  [(a) Funding.--There shall be available from the Highway 
Trust Fund (other than the Mass Transit Account) to carry out 
sections 31106 and 31309 of this title--
          [(1) $6,000,000 for fiscal year 1998;
          [(2) $10,000,000 for each of fiscal years 1999 and 
        2000;
          [(3) $12,000,000 for each of fiscal years 2001 
        through 2002;
          [(4) $15,000,000 for fiscal year 2003; and
          [(5) $8,333,333 for the period of October 1, 2003 
        through February 29, 2004.
The amounts made available under this subsection shall remain 
available until expended.
  [(b) Contract authority.--Approval by the Secretary of a 
grant with funds made available under this section imposes upon 
the United States Government a contractual obligation for 
payment of the Government's share of costs incurred in carrying 
out the objectives of the grant.
  [(c) Emergency CDL grants.--From amounts made available by 
subsection (a) for a fiscal year, the Secretary of 
Transportation may make a grant of up to $1,000,000 to a State 
whose commercial driver's license program may fail to meet the 
compliance requirements of section 31311(a).]

Sec. 31107. Border enforcement grants

  (a) General Authority.--From the funds authorized by section 
222(c)(1) of the Motor Carrier Safety Reauthorization Act of 
2003, the Secretary may make a grant in a fiscal year to a 
State that shares a border with another country for carrying 
out border commercial motor vehicle safety programs and related 
enforcement activities and projects.
  (b) Maintenance of Expenditures.--The Secretary may make a 
grant to a State under this section only if the State agrees 
that the total expenditure of amounts of the State and 
political subdivisions of the State, exclusive of United States 
Government amounts, for carrying out border commercial motor 
vehicle safety programs and related enforcement activities and 
projects will be maintained at a level at least equal to the 
average level of that expenditure by the State and political 
subdivisions of the State for the last 2 State or Federal 
fiscal years before October 1, 2003.

[Sec. 31108. Authorization of appropriations

  [Not more than $-------- may be appropriated to the Secretary 
of Transportation for the fiscal year ending September 30, 19--
--, to carry out the safety duties and powers of the Federal 
Highway Administration.]

Sec. 31108. Motor carrier research and technology program

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

Sec. 31109. Performance and Registration Information System Management

  (a) In General.--From the funds authorized by section 
222(c)(2) of the Motor Carrier Safety Reauthorization Act of 
2003, the Secretary may make a grant in a fiscal year to a 
State to implement the performance and registration information 
system management requirements of section 31106(b).
  (b) Availability of Amounts.--Amounts made available to a 
State under section 222(c)(2) of the Motor Carrier Safety 
Reauthorization Act of 2003 to carry out this section shall 
remain available until expended.
  (c) Secretary's Approval.--Approval by the Secretary of a 
grant to a State under section 222(c)(2) of the Motor Carrier 
Safety Reauthorization Act of 2003 to carry out this section is 
a contractual obligation of the Government for payment of the 
amount of the grant.

              SUBCHAPTER II. LENGTH AND WIDTH LIMITATIONS

Sec. 31111. Length limitations

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Automobile transporter.--The term ``automobile 
        transporter'' means any vehicle combination designed 
        and used specifically for the transport of assembled 
        highway vehicles, including truck camper units.
          (2) Maxi-cube vehicle.--The term ``maxi-cube 
        vehicle'' means a truck tractor combined with a 
        semitrailer and a separable property-carrying unit 
        designed to be loaded and unloaded through the 
        semitrailer, with the length of the separable property-
        carrying unit being not more than 34 feet and the 
        length of the vehicle combination being not more than 
        65 feet.
          (3) Restricted property-carrying unit.--The term 
        ``restricted property-carrying unit'' means any 
        trailer, semi-trailer, container, or other property-
        carrying unit that is longer than 53 feet.
          [(3)] (4) Truck tractor.--The term ``truck tractor'' 
        means--
                  (A) a non-property-carrying power unit that 
                operates in combination with a semitrailer or 
                trailer; or
                  (B) a power unit that carries as property 
                only motor vehicles when operating in 
                combination with a semitrailer in transporting 
                motor vehicles.
  (b) General limitations.--
          (1) Except as provided in this section, a State may 
        not prescribe or enforce a regulation of commerce 
        that--
                  (A) imposes a vehicle length limitation of 
                less than 45 feet on a bus, of less than 48 
                feet on a semitrailer operating in a truck 
                tractor-semitrailer combination, or of less 
                than 28 feet on a semitrailer or trailer 
                operating in a truck tractor-semitrailer-
                trailer combination, on any segment of the 
                Dwight D. Eisenhower System of Interstate and 
                Defense Highways (except a segment exempted 
                under subsection (f) of this section) and those 
                classes of qualifying Federal-aid Primary 
                System highways designated by the Secretary of 
                Transportation under subsection (e) of this 
                section;
                  (B) imposes an overall length limitation on a 
                commercial motor vehicle operating in a truck 
                tractor-semitrailer or truck tractor-
                semitrailer-trailer combination;
                  [(C) has the effect of prohibiting the use of 
                a semitrailer or trailer of the same dimensions 
                as those that were in actual and lawful use in 
                that State on December 1, 1982;]
                  (C) allows operation on any segment of the 
                National Highway System, including the 
                Interstate System, of a restricted property-
                carrying unit unless the operation is specified 
                on the list published under subsection (h);
                  (D) has the effect of prohibiting the use of 
                an existing semitrailer or trailer, of not more 
                than 28.5 feet in length, in a truck tractor-
                semitrailer-trailer combination if the 
                semitrailer or trailer was operating lawfully 
                on December 1, 1982, within a 65-foot overall 
                length limit in any State; or
                  (E) imposes a limitation of less than 46 feet 
                on the distance from the kingpin to the center 
                of the rear axle on trailers used exclusively 
                or primarily in connection with motorsports 
                competition events.
          (2) A length limitation prescribed or enforced by a 
        State under paragraph (1)(A) of this subsection applies 
        only to a semitrailer or trailer and not to a truck 
        tractor.
  (c) Maxi-cube and vehicle combination limitations.--A State 
may not prohibit a maxi-cube vehicle or a commercial motor 
vehicle combination consisting of a truck tractor and 2 
trailing units on any segment of the Dwight D. Eisenhower 
System of Interstate and Defense Highways (except a segment 
exempted under subsection (f) of this section) and those 
classes of qualifying Federal-aid Primary System highways 
designated by the Secretary under subsection (e) of this 
section.
  (d) Exclusion of safety and energy conservation devices.--
Length calculated under this section does not include a safety 
or energy conservation device the Secretary decides is 
necessary for safe and efficient operation of a commercial 
motor vehicle. However, such a device may not have by its 
design or use the ability to carry cargo.
  (e) Qualifying highways.--The Secretary by regulation shall 
designate as qualifying Federal-aid Primary System highways 
those highways of the Federal-aid Primary System in existence 
on June 1, 1991, that can accommodate safely the applicable 
vehicle lengths provided in this section.
  (f) Exemptions.--
          (1) If the chief executive officer of a State, after 
        consulting under paragraph (2) of this subsection, 
        decides a segment of the Dwight D. Eisenhower System of 
        Interstate and Defense Highways is not capable of 
        safely accommodating a commercial motor vehicle having 
        a length described in subsection (b)(1)(A) of this 
        section or the motor vehicle combination described in 
        subsection (c) of this section, the chief executive 
        officer may notify the Secretary of that decision and 
        request the Secretary to exempt that segment from 
        either or both provisions.
          (2) Before making a decision under paragraph (1) of 
        this subsection, the chief executive officer shall 
        consult with units of local government in the State in 
        which the segment of the Dwight D. Eisenhower System of 
        Interstate and Defense Highways is located and with the 
        chief executive officer of any adjacent State that may 
        be directly affected by the exemption. As part of the 
        consultations, consideration shall be given to any 
        potential alternative route that serves the area in 
        which the segment is located and can safely accommodate 
        a commercial motor vehicle having a length described in 
        subsection (b)(1)(A) of this section or the motor 
        vehicle combination described in subsection (c) of this 
        section.
          (3) A chief executive officer's notification under 
        this subsection must include specific evidence of 
        safety problems supporting the officer's decision and 
        the results of consultations about alternative routes.
          (4)(A) If the Secretary decides, on request of a 
        chief executive officer or on the Secretary's own 
        initiative, a segment of the Dwight D. Eisenhower 
        System of Interstate and Defense Highways is not 
        capable of safely accommodating a commercial motor 
        vehicle having a length described in subsection 
        (b)(1)(A) of this section or the motor vehicle 
        combination described in subsection (c) of this 
        section, the Secretary shall exempt the segment from 
        either or both of those provisions. Before making a 
        decision under this paragraph, the Secretary shall 
        consider any possible alternative route that serves the 
        area in which the segment is located.
          (B) The Secretary shall make a decision about a 
        specific segment not later than 120 days after the date 
        of receipt of notification from a chief executive 
        officer under paragraph (1) of this subsection or the 
        date on which the Secretary initiates action under 
        subparagraph (A) of this paragraph, whichever is 
        applicable. If the Secretary finds the decision will 
        not be made in time, the Secretary immediately shall 
        notify Congress, giving the reasons for the delay, 
        information about the resources assigned, and the 
        projected date for the decision.
          (C) Before making a decision, the Secretary shall 
        give an interested person notice and an opportunity for 
        comment. If the Secretary exempts a segment under this 
        subsection before the final regulations under 
        subsection (e) of this section are prescribed, the 
        Secretary shall include the exemption as part of the 
        final regulations. If the Secretary exempts the segment 
        after the final regulations are prescribed, the 
        Secretary shall publish the exemption as an amendment 
        to the final regulations.
  (g) Accommodating specialized equipment.--In prescribing 
regulations to carry out this section, the Secretary may make 
decisions necessary to accommodate specialized equipment, 
including automobile and vessel transporters and maxi-cube 
vehicles.
  (h) Restricted Property-Carrying Units.--
          (1) Applicability of prohibition.--
                  (A) In general.--Notwithstanding subsection 
                (b)(1)(C), a restricted property-carrying unit 
                may continue to operate on a segment of the 
                National Highway System if the operation of 
                such unit is specified on the list published 
                under paragraph (2).
                  (B) Applicability of state laws and 
                regulations.--All operations specified on the 
                list published under paragraph (2) shall 
                continue to be subject to all State statutes, 
                regulations, limitations and conditions, 
                including routing-specific, commodity-specific, 
                and configuration-specific designations and all 
                other restrictions, in force on June 1, 2003.
                  (C) Fire-fighting units.--Subsection 
                (b)(1)(C) shall not apply to the operation of a 
                restricted property-carrying unit that is used 
                exclusively for fire-fighting.
          (2) Listing of restricted property-carrying units.--
                  (A) In general.--Not later than 60 days after 
                the date of enactment of this subsection, the 
                Secretary shall initiate a proceeding to 
                determine and publish a list of restricted 
                property-carrying units that were authorized by 
                State officials pursuant to State statute or 
                regulation on June 1, 2003, and in actual and 
                lawful operation on a regular or periodic basis 
                (including seasonal operations) on or before 
                June 1, 2003.
                  (B) Limitation.--A restricted property-
                carrying unit may not be included on the list 
                published under subparagraph (A) on the basis 
                that a State law or regulation could have 
                authorized the operation of the unit at some 
                prior date by permit or otherwise.
                  (C) Publication of final list.--Not later 
                than 270 days after the date of enactment of 
                this subsection, the Secretary shall publish a 
                final list of restricted property-carrying 
                units described in subparagraph (A).
                  (D) Updates.--The Secretary shall update the 
                list published under subparagraph (C) as 
                necessary to reflect new designations made to 
                the National Highway System.
          (3) Applicability of prohibition.--The prohibition 
        established by subsection (b)(1)(C) shall apply to any 
        new designation made to the National Highway System and 
        remain in effect on those portions of the National 
        Highway System that cease to be designated as part of 
        the National Highway System.
          (4) Limitation on statutory construction.--This 
        subsection does not prevent a State from further 
        restricting in any manner or prohibiting the operation 
        of a restricted property-carrying unit; except that 
        such restrictions or prohibitions shall be consistent 
        with the requirements of this section and sections 
        31112 through 31114.

Sec. 31112. Property-carrying unit limitation

  (a) Definitions.--In this section--
          (1) ``property-carrying unit'' means any part of a 
        commercial motor vehicle combination (except the truck 
        tractor) used to carry property, including a trailer, a 
        semitrailer, or the property-carrying section of a 
        single unit truck.
          (2) the length of the property-carrying units of a 
        commercial motor vehicle combination is the length 
        measured from the front of the first property-carrying 
        unit to the rear of the last property-carrying unit.
  (b) General limitations.--A State may not allow by any means 
the operation, on any segment of the Dwight D. Eisenhower 
System of Interstate and Defense Highways and those classes of 
qualifying Federal-aid Primary System highways designated by 
the Secretary of Transportation under section 31111(e) of this 
title, of any commercial motor vehicle combination (except a 
vehicle or load that cannot be dismantled easily or divided 
easily and that has been issued a special permit under 
applicable State law) with more than one property-carrying unit 
(not including the truck tractor) whose property-carrying units 
are more than--
          (1) the maximum combination trailer, semitrailer, or 
        other type of length limitation allowed by law or 
        regulation of that State before June 2, 1991; or
          (2) the length of the property-carrying units of 
        those commercial motor vehicle combinations, by 
        specific configuration, in actual, lawful operation on 
        a regular or periodic basis (including continuing 
        seasonal operation) in that State before June 2, 1991.
  (c) Special rules for Wyoming, Ohio, Alaska, and Iowa.--In 
addition to the vehicles allowed under subsection (b) of this 
section--
          (1) Wyoming may allow the operation of additional 
        vehicle configurations not in actual operation on June 
        1, 1991, but authorized by State law not later than 
        November 3, 1992, if the vehicle configurations comply 
        with the single axle, tandem axle, and bridge formula 
        limits in section 127(a) of title 23 and are not more 
        than 117,000 pounds gross vehicle weight;
          (2) Ohio may allow the operation of commercial motor 
        vehicle combinations with 3 property-carrying units of 
        28.5 feet each (not including the truck tractor) not in 
        actual operation on June 1, 1991, to be operated in 
        Ohio on the 1-mile segment of Ohio State Route 7 that 
        begins at and is south of exit 16 of the Ohio Turnpike;
          (3) Alaska may allow the operation of commercial 
        motor vehicle combinations that were not in actual 
        operation on June 1, 1991, but were in actual operation 
        before July 6, 1991; and
          (4) Iowa may allow the operation on Interstate Route 
        29 between Sioux City, Iowa, and the border between 
        Iowa and South Dakota or on Interstate Route 129 
        between Sioux City, Iowa, and the border between Iowa 
        and Nebraska of commercial motor vehicle combinations 
        with trailer length, semitrailer length, and property-
        carrying unit length allowed by law or regulation and 
        in actual lawful operation on a regular or periodic 
        basis (including continued seasonal operation) in South 
        Dakota or Nebraska, respectively, before June 2, 1991.
  (d) Additional limitations.--
          (1) A commercial motor vehicle combination whose 
        operation in a State is not prohibited under 
        subsections (b) and (c) of this section may continue to 
        operate in the State on highways described in 
        subsection (b) only if at least in compliance with all 
        State laws, regulations, limitations, and conditions, 
        including routing-specific and configuration-specific 
        designations and all other restrictions in force in the 
        State on June 1, 1991. However, subject to regulations 
        prescribed by the Secretary under subsection (g)(2) of 
        this section, the State may make minor adjustments of a 
        temporary and emergency nature to route designations 
        and vehicle operating restrictions in effect on June 1, 
        1991, for specific safety purposes and road 
        construction.
          (2) This section does not prevent a State from 
        further restricting in any way or prohibiting the 
        operation of any commercial motor vehicle combination 
        subject to this section, except that a restriction or 
        prohibition shall be consistent with this section and 
        sections 31113(a) and (b) and 31114 of this title.
          (3) A State making a minor adjustment of a temporary 
        and emergency nature as authorized by paragraph (1) of 
        this subsection or further restricting or prohibiting 
        the operation of a commercial motor vehicle combination 
        as authorized by paragraph (2) of this subsection shall 
        advise the Secretary not later than 30 days after the 
        action. The Secretary shall publish a notice of the 
        action in the Federal Register.
          (4) Nebraska may continue to allow to be operated 
        under paragraphs (b)(1) and (b)(2) of this section, the 
        State of Nebraska may allow longer combination vehicles 
        that were not in actual operation on June 1, 1991 to be 
        operated within its boundaries to transport sugar beets 
        from the field where such sugar beets are harvested to 
        storage, market, factory or stockpile or from stockpile 
        to storage, market or factory. This provision shall 
        expire on February 28, 1998.
  (e) List of State length limitations.--
          (1) Not later than February 16, 1992, each State 
        shall submit to the Secretary for publication a 
        complete list of State length limitations applicable to 
        commercial motor vehicle combinations operating in the 
        State on the highways described in subsection (b) of 
        this section. The list shall indicate the applicable 
        State laws and regulations associated with the length 
        limitations. If a State does not submit the information 
        as required, the Secretary shall complete and file the 
        information for the State.
          (2) Not later than March 17, 1992, the Secretary 
        shall publish an interim list in the Federal Register 
        consisting of all information submitted under paragraph 
        (1) of this subsection. The Secretary shall review for 
        accuracy all information submitted by a State under 
        paragraph (1) and shall solicit and consider public 
        comment on the accuracy of the information.
          (3) A law or regulation may not be included on the 
        list submitted by a State or published by the Secretary 
        merely because it authorized, or could have authorized, 
        by permit or otherwise, the operation of commercial 
        motor vehicle combinations not in actual operation on a 
        regular or periodic basis before June 2, 1991.
          (4) Except as revised under this paragraph or 
        paragraph (5) of this subsection, the list shall be 
        published as final in the Federal Register not later 
        than June 15, 1992. In publishing the final list, the 
        Secretary shall make any revisions necessary to correct 
        inaccuracies identified under paragraph (2) of this 
        subsection. After publication of the final list, 
        commercial motor vehicle combinations prohibited under 
        subsection (b) of this section may not operate on the 
        Dwight D. Eisenhower System of Interstate and Defense 
        Highways and other Federal-aid Primary System highways 
        designated by the Secretary except as published on the 
        list. The list may be combined by the Secretary with 
        the list required under section 127(d) of title 23.
          (5) On the Secretary's own motion or on request by 
        any person (including a State), the Secretary shall 
        review the list published under paragraph (4) of this 
        subsection. If the Secretary decides there is reason to 
        believe a mistake was made in the accuracy of the list, 
        the Secretary shall begin a proceeding to decide 
        whether a mistake was made. If the Secretary decides 
        there was a mistake, the Secretary shall publish the 
        correction.
  (f) National Highway System.--
          (1) General rule.--A State may not allow, on a 
        segment of the National Highway System that is not 
        covered under subsection (b) or (c), the operation of a 
        commercial motor vehicle combination (except a vehicle 
        or load that cannot be dismantled easily or divided 
        easily and that has been issued a special permit under 
        applicable State law) with more than 1 property-
        carrying unit (not including the truck tractor) whose 
        property-carrying units are more than--
                  (A) the maximum combination trailer, 
                semitrailer, or other type of length limitation 
                allowed by law or regulation of that State on 
                June 1, 2003; or
                  (B) the length of the property-carrying units 
                of those commercial motor vehicle combinations, 
                by specific configuration, in actual and lawful 
                operation on a regular or periodic basis 
                (including continuing seasonal operation) in 
                that State on or before June 1, 2003.
          (2) Additional limitations.--
                  (A) Applicability of state restrictions.--A 
                commercial motor vehicle combination whose 
                operation in a State is not prohibited under 
                paragraph (1) may continue to operate in the 
                State on highways described in paragraph (1) 
                only in compliance with all State laws, 
                regulations, limitations, and conditions, 
                including routing-specific and configuration-
                specific designations and all other 
                restrictions in force in the State on June 1, 
                2003. Subject to regulations prescribed by the 
                Secretary under subsection (h), the State may 
                make minor adjustments of a temporary and 
                emergency nature to route designations and 
                vehicle operating restrictions in effect on 
                June 1, 2003, for specific safety purposes and 
                road construction.
                  (B) Additional state restrictions.--This 
                subsection does not prevent a State from 
                further restricting in any manner or 
                prohibiting the operation of a commercial motor 
                vehicle combination subject to this section, 
                except that such restrictions or prohibitions 
                shall be consistent with this section and 
                sections 31113(a), 31113(b), and 31114.
                  (C) Minor adjustments.--A State making a 
                minor adjustment of a temporary and emergency 
                nature as authorized by subparagraph (A) or 
                further restricting or prohibiting the 
                operation of a commercial motor vehicle 
                combination as authorized by subparagraph (B) 
                shall advise the Secretary not later than 30 
                days after the action. The Secretary shall 
                publish a notice of the action in the Federal 
                Register.
          (3) List of state length limitations.--
                  (A) State submissions.--Not later than 60 
                days after the date of enactment of the Motor 
                Carrier Safety Reauthorization Act of 2003, 
                each State shall submit to the Secretary for 
                publication a complete list of State length 
                limitations applicable to commercial motor 
                vehicle combinations operating in the State on 
                the highways described in paragraph (1). The 
                list shall indicate the applicable State laws 
                and regulations associated with the length 
                limitations. If a State does not submit the 
                information as required, the Secretary shall 
                complete and file the information for the 
                State.
                  (B) Publication of interim list.--Not later 
                than 90 days after the date of enactment of the 
                Motor Carrier Safety Reauthorization Act of 
                2003, the Secretary shall publish an interim 
                list in the Federal Register consisting of all 
                information submitted under subparagraph (A). 
                The Secretary shall review for accuracy all 
                information submitted by a State under 
                subparagraph (A) and shall solicit and consider 
                public comment on the accuracy of the 
                information.
                  (C) Limitation.--A law or regulation may not 
                be included on the list submitted by a State or 
                published by the Secretary merely because it 
                authorized, or could have authorized, by permit 
                or otherwise, the operation of commercial motor 
                vehicle combinations not in actual operation on 
                a regular or periodic basis on or before June 
                1, 2003.
                  (D) Publication of final list.--Except as 
                revised under this subparagraph or subparagraph 
                (E), the list shall be published as final in 
                the Federal Register not later than 270 days 
                after the date of enactment of the Motor 
                Carrier Safety Reauthorization Act of 2003. In 
                publishing the final list, the Secretary shall 
                make any revisions necessary to correct 
                inaccuracies identified under subparagraph (B). 
                After publication of the final list, commercial 
                motor vehicle combinations prohibited under 
                paragraph (1) may not operate on a highway 
                described in paragraph (1) except as published 
                on the list.
                  (E) Inaccuracies.--On the Secretary's own 
                motion or on request by any person (including a 
                State), the Secretary shall review the list 
                published under subparagraph (D). If the 
                Secretary decides there is reason to believe a 
                mistake was made in the accuracy of the list, 
                the Secretary shall begin a proceeding to 
                decide whether a mistake was made. If the 
                Secretary decides there was a mistake, the 
                Secretary shall publish the correction.
  [(f)] (g) Limitations on statutory construction.--This 
section may not be construed--
          (1) to allow the operation on any segment of the 
        Dwight D. Eisenhower System of Interstate and Defense 
        Highways of a longer combination vehicle prohibited 
        under section 126(e) or 127(d) of title 23;
          (2) to affect in any way the operation of a 
        commercial motor vehicle having only one property-
        carrying unit; or
          (3) to affect in any way the operation in a State of 
        a commercial motor vehicle with more than one property-
        carrying unit if the vehicle was in actual operation on 
        a regular or periodic basis (including seasonal 
        operation) in that State before June 2, 1991, (or June 
        1, 2003, with respect to highways described in 
        subsection (f)(1)) that was authorized under State law 
        or regulation or lawful State permit.
  [(g)] (h) Regulations.--
          (1) In carrying out this section only, the Secretary 
        shall define by regulation loads that cannot be 
        dismantled easily or divided easily.
          (2) [Not later than June 15, 1992, the Secretary] The 
        Secretary shall prescribe regulations establishing 
        criteria for a State to follow in making minor 
        adjustments under subsection (d) of (f) of this 
        section.

                   SUBCHAPTER III. SAFETY REGULATION

Sec. 31135. Duties of employers and employees

  (a) In General._Each employer and employee shall comply with 
regulations on commercial motor vehicle safety prescribed by 
the Secretary of Transportation under this subchapter that 
apply to the employer's or employee's conduct.
  (b) Pattern of Non-Compliance.--If an officer of a motor 
carrier engages in a pattern or practice of avoiding 
compliance, or masking or otherwise concealing non-compliance, 
with regulations on commercial motor vehicle safety prescribed 
under this subchapter, the Secretary may suspend, amend, or 
revoke any part of the motor carrier's registration under 
section 13905 of this title.
  (c) List of Proposed Officers.--Each person seeking 
registration as a motor carrier under section 13902 of this 
title shall submit a list of the proposed officers of the motor 
carrier. If the Secretary determines that any of the proposed 
officers has previously engaged in a pattern or practice of 
avoiding compliance, or masking or otherwise concealing non-
compliance, with regulations on commercial motor vehicle safety 
prescribed under this chapter, the Secretary may deny the 
person's application for registration as a motor carrier under 
section 13902(a)(3).
  (d) Regulations.--The Secretary shall by regulation establish 
standards to implement subsections (b) and (c).
  (e) Definitions.--In this section:
          (1) Motor carrier.--The term motor carrier has the 
        meaning given the term in section 13102(12) of this 
        title; and
          (2) Officer.--The term officer means an owner, chief 
        executive officer, chief operating officer, chief 
        financial officer, safety director, vehicle maintenance 
        supervisor and driver supervisor of a motor carrier, 
        regardless of the title attached to those functions.

Sec. 31136. United States Government regulations

  (a) Minimum Safety Standards.--Subject to section 30103(a) of 
this title, the Secretary of Transportation shall prescribe 
regulations on commercial motor vehicle safety. The regulations 
shall prescribe minimum safety standards for commercial motor 
vehicles. At a minimum, the regulations shall ensure that--
          (1) commercial motor vehicles are maintained, 
        equipped, loaded, and operated safely;
          (2) the responsibilities imposed on operators of 
        commercial motor vehicles do not impair their ability 
        to operate the vehicles safely;
          [(3) the physical condition of operators of 
        commercial motor vehicles is adequate to enable them to 
        operate the vehicles safely; and]
          (3) the physical condition of operators of commercial 
        motor vehicles is adequate to enable them to operate 
        the vehicles safely, and the periodic physical 
        examinations required of such operators are performed 
        by medical examiners who have received training in 
        physical and medical examination standards and are 
        listed on a national registry maintained by the 
        Department of Transportation; and
          (4) the operation of commercial motor vehicles does 
        not have a deleterious effect on the physical condition 
        of the operators.
  (b) Eliminating and amending existing regulations.--The 
Secretary may not eliminate or amend an existing motor carrier 
safety regulation related only to the maintenance, equipment, 
loading, or operation (including routing) of vehicles carrying 
material found to be hazardous under section 5103 of this title 
until an equivalent or more stringent regulation has been 
prescribed under section 5103.
  (c) Procedures and considerations.--
          (1) A regulation under this section shall be 
        prescribed under section 553 of title 5 (without regard 
        to sections 556 and 557 of title 5).
          (2) Before prescribing regulations under this 
        section, the Secretary shall consider, to the extent 
        practicable and consistent with the purposes of this 
        chapter--
                  (A) costs and benefits; and
                  (B) State laws and regulations on commercial 
                motor vehicle safety, to minimize their 
                unnecessary preemption.
  (d) Effect of existing regulations.--If the Secretary does 
not prescribe regulations on commercial motor vehicle safety 
under this section, regulations on commercial motor vehicle 
safety prescribed by the Secretary before October 30, 1984, and 
in effect on October 30, 1984, shall be deemed in this 
subchapter to be regulations prescribed by the Secretary under 
this section.
  (e) Exemptions.--The Secretary may grant in accordance with 
section 31315 waivers and exemptions from, or conduct pilot 
programs with respect to, any regulations prescribed under this 
section.
  (f) Limitations on municipality and commercial zone 
exemptions and waivers.--
          (1) The Secretary may not--
                  (A) exempt a person or commercial motor 
                vehicle from a regulation related to commercial 
                motor vehicle safety only because the 
                operations of the person or vehicle are 
                entirely in a municipality or commercial zone 
                of a municipality; or
                  (B) waive application to a person or 
                commercial motor vehicle of a regulation 
                related to commercial motor vehicle safety only 
                because the operations of the person or vehicle 
                are entirely in a municipality or commercial 
                zone of a municipality.
          (2) If a person was authorized to operate a 
        commercial motor vehicle in a municipality or 
        commercial zone of a municipality in the United States 
        for the entire period from November 19, 1987, through 
        November 18, 1988, and if the person is otherwise 
        qualified to operate a commercial motor vehicle, the 
        person may operate a commercial motor vehicle entirely 
        in a municipality or commercial zone of a municipality 
        notwithstanding--
                  (A) paragraph (1) of this subsection;
                  (B) a minimum age requirement of the United 
                States Government for operation of the vehicle; 
                and
                  (C) a medical or physical condition that--
                          (i) would prevent an operator from 
                        operating a commercial motor vehicle 
                        under the commercial motor vehicle 
                        safety regulations in title 49, Code of 
                        Federal Regulations;
                          (ii) existed on July 1, 1988;
                          (iii) has not substantially worsened; 
                        and
                          (iv) does not involve alcohol or drug 
                        abuse.
          (3) This subsection does not affect a State 
        commercial motor vehicle safety law applicable to 
        intrastate commerce.

            NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995

SEC. 345. EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR 
                    VEHICLES AND THEIR OPERATORS.

                         [49 U.S.C. 31136 NOTE]

  (a) Exemptions.--
          (1) Transportation of agricultural commodities and 
        farm supplies.--Regulations prescribed by the Secretary 
        under sections 31136 and 31502 of title 49, United 
        States Code, regarding maximum driving and on-duty time 
        for drivers used by motor carriers shall not apply to 
        drivers transporting agricultural commodities or farm 
        supplies for agricultural purposes in a State if such 
        transportation is limited to an area within a 100 air 
        mile radius from the source of the commodities or the 
        distribution point for the farm supplies and is during 
        the planting and harvesting seasons within such State, 
        as determined by the State.
          (2) Transportation and operation of ground water well 
        drilling rigs.--Such regulations shall, in the case of 
        a driver of a commercial motor vehicle who is used 
        primarily in the transportation and operation of a 
        ground water well drilling rig, permit any period of 7 
        or 8 consecutive days to end with the beginning of an 
        off-duty period of 24 or more consecutive hours for the 
        purposes of determining maximum driving and on-duty 
        time.
          (3) Transportation of construction materials and 
        equipment.--Such regulations shall, in the case of a 
        driver of a commercial motor vehicle who is used 
        primarily in the transportation of construction 
        materials and equipment, permit any period of 7 or 8 
        consecutive days to end with the beginning of an off-
        duty period of 24 or more consecutive hours for the 
        purposes of determining maximum driving and on-duty 
        time.
          [(4) Drivers of utility service vehicles.--Such 
        regulations shall, in the case of a driver of a utility 
        service vehicle, permit any period of 7 or 8 
        consecutive days to end with the beginning of an off-
        duty period of 24 or more consecutive hours for the 
        purposes of determining maximum driving and on-duty 
        time.]
          (4) Drivers of utility service vehicles.--
                  (A) Inapplicability of federal regulations.--
                Such regulations may not apply to a driver of a 
                utility service vehicle.
                  (B) Prohibition on state regulations.--A 
                State, a political subdivision of a State, an 
                interstate agency, or other entity consisting 
                of 2 or more States, may not enact or enforce 
                any law, rule, regulation, or standard that 
                imposes requirements on a driver of a utility 
                service vehicle that are similar to the 
                requirements contained in such regulations.
          (5) Snow and ice removal.--A State may waive the 
        requirements of chapter 313 of title 49, United States 
        Code, with respect to a vehicle that is being operated 
        within the boundaries of an eligible unit of local 
        government by an employee of such unit for the purpose 
        of removing snow or ice from a roadway by plowing, 
        sanding, or salting. Such waiver authority shall only 
        apply in a case where the employee is needed to operate 
        the vehicle because the employee of the eligible unit 
        of local government who ordinarily operates the vehicle 
        and who has a commercial drivers license is unable to 
        operate the vehicle or is in need of additional 
        assistance due to a snow emergency.
  (b) Preemption.--[Nothing] Exce[t as provided in subsection 
(a)(4), nothing contained in this section shall require the 
preemption of State laws and regulations concerning the safe 
operation of commercial motor vehicles as the result of 
exemptions from Federal requirements provided under this 
section.
  (c) Review by the Secretary.--The Secretary may conduct a 
rulemaking proceeding to determine whether granting any 
exemption provided by subsection (a) (other than [paragraph 
(2)] an exemption under paragraph (1), (2), or (4) of that 
subsection) is not in the public interest and would have a 
significant adverse impact on the safety of commercial motor 
vehicles. If, at any time as a result of such a proceeding, the 
Secretary determines that granting such exemption would not be 
in the public interest and would have a significant adverse 
impact on the safety of commercial motor vehicles, the 
Secretary may prevent the exemption from going into effect, 
modify the exemption, or revoke the exemption. The Secretary 
may develop a program to monitor the exemption, including 
agreements with carriers to permit the Secretary to examine 
insurance information maintained by an insurer on a carrier.
  (d) Report.--The Secretary shall monitor the commercial motor 
vehicle safety performance of drivers of vehicles that are 
subject to an exemption under this section. If the Secretary 
determines that public safety has been adversely affected by an 
exemption granted under this section, the Secretary shall 
report to Congress on the determination.
  (e) Definitions.--In this section, the following definitions 
apply:
          (1) 7 or 8 consecutive days. The term ``7 or 8 
        consecutive days'' means the period of 7 or 8 
        consecutive days beginning on any day at the time 
        designated by the motor carrier for a 24-hour period.
          (2) 24-hour period.--The term ``24-hour period'' 
        means any 24 consecutive hour period beginning at the 
        time designated by the motor carrier for the terminal 
        from which the driver is normally dispatched.
          (3) Agricultural commodity.--The term ``agricultural 
        commodity'' has the meaning given the term in section 
        102 of the Agricultural Trade Act of 1978 (7 U.S.C. 
        5602).
          [(5)] (4) Eligible unit of local government.--The 
        term ``eligible unit of local government'' means a 
        city, town, borough, county, parish, district, or other 
        public body created by or pursuant to State law which 
        has a total population of 3,000 individuals or less.
          [(3)] (5) Ground water well drilling rig.--The term 
        ``ground water well drilling rig'' means any vehicle, 
        machine, tractor, trailer, semi-trailer, or specialized 
        mobile equipment propelled or drawn by mechanical power 
        and used on highways to transport water well field 
        operating equipment, including water well drilling and 
        pump service rigs equipped to access ground water.
          [(4)] (6) Transportation of construction materials 
        and equipment.--The term ``transportation of 
        construction materials and equipment'' means the 
        transportation of construction and pavement materials, 
        construction equipment, and construction maintenance 
        vehicles, by a driver to or from an active construction 
        site (a construction site between initial mobilization 
        of equipment and materials to the site to the final 
        completion of the construction project) within a 50 air 
        mile radius of the normal work reporting location of 
        the driver. This paragraph does not apply to the 
        transportation of material found by the Secretary to be 
        hazardous under section 5103 of title 49, United States 
        Code, in a quantity requiring placarding under 
        regulations issued to carry out such section.
          [(6)] (7) Utility service vehicle.--The term 
        ``utility service vehicle'' means any commercial motor 
        vehicle--
                  (A) used in the furtherance of repairing, 
                maintaining, or operating any structures or any 
                other physical facilities necessary for the 
                delivery of public utility services, including 
                the furnishing of electric, gas, water, 
                sanitary sewer, telephone, and television cable 
                or community antenna service;
                  (B) while engaged in any activity necessarily 
                related to the ultimate delivery of such public 
                utility services to consumers, including travel 
                or movement to, from, upon, or between activity 
                sites (including occasional travel or movement 
                outside the service area necessitated by any 
                utility emergency as determined by the utility 
                provider); and
                  (C) except for any occasional emergency use, 
                operated primarily within the service area of a 
                utility's subscribers or consumers, without 
                regard to whether the vehicle is owned, leased, 
                or rented by the utility.
  (f) Effective date.--Subsection (a) of this section shall 
take effect on the 180th day following the date of the 
enactment of this Act; except that paragraphs (1) and (2) of 
subsection (a) shall take effect on such date of enactment.

Sec. 31138. Minimum financial responsibility for transporting 
                    passengers

  [(a) General requirement.--The Secretary of Transportation 
shall prescribe regulations to require minimum levels of 
financial responsibility sufficient to satisfy liability 
amounts established by the Secretary covering public liability 
and property damage for the transportation of passengers for 
compensation by motor vehicle in the United States between a 
place in a State and--
          [(1) a place in another State;
          [(2) another place in the same State through a place 
        outside of that State; or
          [(3) a place outside the United States.]
  (a) General Requirement.--The Secretary of Transportation 
shall prescribe regulations to require minimum levels of 
financial responsibility sufficient to satisfy liability 
amounts established by the Secretary covering public liability 
and property damage for the transportation of passengers by 
motor vehicle in the United States between a place in a State 
and--
          (1) a place in another State;
          (2) another place in the same State through a place 
        outside of that State; or
          (3) a place outside the United States.
  (b) Minimum amounts.--The level of financial responsibility 
established under subsection (a) of this section for a motor 
vehicle with a seating capacity of--
          (1) at least 16 passengers shall be at least 
        $5,000,000; and
          (2) not more than 15 passengers shall be at least 
        $1,500,000.
  (c) Evidence of financial responsibility.--
          (1) Subject to paragraph (2) of this subsection, 
        financial responsibility may be established by evidence 
        of one or a combination of the following if acceptable 
        to the Secretary of Transportation:
                  (A) insurance, including high self-retention.
                  (B) a guarantee.
                  (C) a surety bond issued by a bonding company 
                authorized to do business in the United States.
          (2) A person domiciled in a country contiguous to the 
        United States and providing transportation to which a 
        minimum level of financial responsibility under this 
        section applies shall have evidence of financial 
        responsibility in the motor vehicle when the person is 
        providing the transportation. If evidence of financial 
        responsibility is not in the vehicle, the Secretary of 
        Transportation and the Secretary of the Treasury shall 
        deny entry of the vehicle into the United States.
          (3) A motor carrier may obtain the required amount of 
        financial responsibility from more than one source 
        provided the cumulative amount is equal to the minimum 
        requirements of this section.
          (4) The Secretary may require a person, other than a 
        motor carrier as defined in section 13102(12) of this 
        title, transporting passengers by motor vehicle to file 
        with the Secretary the evidence of financial 
        responsibility specified in subsection (c)(1) of this 
        section in an amount not less than that required by 
        this section, and the laws of the State or States in 
        which the person is operating, to the extent 
        applicable. The extent of the financial responsibility 
        must be sufficient to pay, not more than the amount of 
        the financial responsibility, for each final judgment 
        against the person for bodily injury to, or death of, 
        an individual resulting from the negligent operation, 
        maintenance, or use of motor vehicles, or for loss or 
        damage to property, or both.
  (d) Civil penalty.--
          (1) If, after notice and an opportunity for a 
        hearing, the Secretary of Transportation finds that a 
        person (except an employee acting without knowledge) 
        has knowingly violated this section or a regulation 
        prescribed under this section, the person is liable to 
        the United States Government for a civil penalty of not 
        more than $10,000 for each violation. A separate 
        violation occurs for each day the violation continues.
          (2) The Secretary of Transportation shall impose the 
        penalty by written notice. In determining the amount of 
        the penalty, the Secretary shall consider--
                  (A) the nature, circumstances, extent, and 
                gravity of the violation;
                  (B) with respect to the violator, the degree 
                of culpability, any history of prior 
                violations, the ability to pay, and any effect 
                on the ability to continue doing business; and
                  (C) other matters that justice requires.
          (3) The Secretary of Transportation may compromise 
        the penalty before referring the matter to the Attorney 
        General for collection.
          (4) The Attorney General shall bring a civil action 
        in an appropriate district court of the United States 
        to collect a penalty referred to the Attorney General 
        for collection under this subsection.
          (5) The amount of the penalty may be deducted from 
        amounts the Government owes the person. An amount 
        collected under this section shall be deposited in the 
        Treasury as miscellaneous receipts.
  (e) Nonapplication.--This section does not apply to a motor 
vehicle--
          (1) transporting only school children and teachers to 
        or from school;
          (2) providing taxicab service (as defined in section 
        13102);
          (3) carrying not more than 15 individuals in a 
        single, daily round trip to and from work; or
          (4) providing transportation service within a transit 
        service area under an agreement with a Federal, State, 
        or local government funded, in whole or in part, with a 
        grant under section 5307, 5310, or 5311, including 
        transportation designed and carried out to meet the 
        special needs of elderly individuals and individuals 
        with disabilities; except that, in any case in which 
        the transit service area is located in more than 1 
        State, the minimum level of financial responsibility 
        for such motor vehicle will be at least the highest 
        level required for any of such States.

Sec. 31139. Minimum financial responsibility for transporting property

  (a) Definitions.--In this section--
          (1) ``farm vehicle'' means a vehicle--
                  (A) designed or adapted and used only for 
                agriculture;
                  (B) operated by a motor private carrier (as 
                defined in section 10102 of this title); and
                  (C) operated only incidentally on highways.
          (2) ``interstate commerce'' includes transportation 
        between a place in a State and a place outside the 
        United States, to the extent the transportation is in 
        the United States.
          (3) ``State'' means a State of the United States, the 
        District of Columbia, Puerto Rico, the Virgin Islands, 
        American Samoa, Guam, and the Northern Mariana Islands.
  [(b) General requirement and minimum amount.--(1) The 
Secretary of Transportation shall prescribe regulations to 
require minimum levels of financial responsibility sufficient 
to satisfy liability amounts established by the Secretary 
covering public liability, property damage, and environmental 
restoration for the transportation of property for compensation 
by motor vehicle in the United States between a place in a 
State and--
          [(A) a place in another State;
          [(B) another place in the same State through a place 
        outside of that State; or
          [(C) a place outside the United States.]
  (b) General Requirements and Minimum Amount.--
          (1) The Secretary of Transportation shall prescribe 
        regulations to require minimum levels of financial 
        responsibility sufficient to satisfy liability amounts 
        established by the Secretary covering public liability, 
        property damage, and environmental restoration for the 
        transportation of property by motor vehicle in the 
        United States between a place in a State and--
                  (A) a place in another State;
                  (B) another place in the same State through a 
                place outside of that State; or
                  (C) a place outside the United States.
          (2) The level of financial responsibility established 
        under paragraph (1) of this subsection shall be at 
        least $750,000.
  (c) Filing of Evidence of Financial Responsibility.--The 
Secretary may require a motor private carrier, as defined in 
section 13102 of this title, to file with the Secretary the 
evidence of financial responsibility specified in subsection 
(b) of this section in an amount not less than that required by 
this section, and the laws of the State or States in which the 
motor private carrier is operating, to the extent applicable. 
The amount of the financial responsibility must be sufficient 
to pay, not more than the amount of the financial 
responsibility, for each final judgment against the motor 
private carrier for bodily injury to, or death of, an 
individual resulting from negligent operation, maintenance, or 
use of motor vehicles, or for loss or damage to property, or 
both.
  [(c)] (d) Requirements for hazardous matter and oil.--
          (1) The Secretary of Transportation shall prescribe 
        regulations to require minimum levels of financial 
        responsibility sufficient to satisfy liability amounts 
        established by the Secretary covering public liability, 
        property damage, and environmental restoration for the 
        transportation by motor vehicle in interstate or 
        intrastate commerce of--
                  (A) hazardous material (as defined by the 
                Secretary);
                  (B) oil or hazardous substances (as defined 
                by the Administrator of the Environmental 
                Protection Agency); or
                  (C) hazardous wastes (as defined by the 
                Administrator).
          (2)(A) Except as provided in subparagraph (B) of this 
        paragraph, the level of financial responsibility 
        established under paragraph (1) of this subsection 
        shall be at least $5,000,000 for the transportation--
                  (i) of hazardous substances (as defined by 
                the Administrator) in cargo tanks, portable 
                tanks, or hopper-type vehicles, with capacities 
                of more than 3,500 water gallons;
                  (ii) in bulk of class A explosives, poison 
                gas, liquefied gas, or compressed gas; or
                  (iii) of large quantities of radioactive 
                material.
          (B) The Secretary of Transportation by regulation may 
        reduce the minimum level in subparagraph (A) of this 
        paragraph (to an amount not less than $1,000,000) for 
        transportation described in subparagraph (A) in any of 
        the territories of Puerto Rico, the Virgin Islands, 
        American Samoa, Guam, and the Northern Mariana Islands 
        if--
                  (i) the chief executive officer of the 
                territory requests the reduction;
                  (ii) the reduction will prevent a serious 
                disruption in transportation service and will 
                not adversely affect public safety; and
                  (iii) insurance of $5,000,000 is not readily 
                available.
          (3) The level of financial responsibility established 
        under paragraph (1) of this subsection for the 
        transportation of a material, oil, substance, or waste 
        not subject to paragraph (2) of this subsection shall 
        be at least $1,000,000. However, if the Secretary of 
        Transportation finds it will not adversely affect 
        public safety, the Secretary by regulation may reduce 
        the amount for--
                  (A) a class of vehicles transporting such a 
                material, oil, substance, or waste in 
                intrastate commerce (except in bulk); and
                  (B) a farm vehicle transporting such a 
                material or substance in interstate commerce 
                (except in bulk).
  [(d)] (e) Foreign motor carriers and private carriers.--
Regulations prescribed under this section may allow foreign 
motor carriers and foreign motor private carriers (as those 
terms are defined in section 10530 of this title) providing 
transportation of property under a certificate of registration 
issued under section 10530 to meet the minimum levels of 
financial responsibility under this section only when those 
carriers are providing transportation for property in the 
United States.
  [(e)] (f) Evidence of financial responsibility.--
          (1) Subject to paragraph (2) of this subsection, 
        financial responsibility may be established by evidence 
        of one or a combination of the following if acceptable 
        to the Secretary of Transportation:
                  (A) insurance.
                  (B) a guarantee.
                  (C) a surety bond issued by a bonding company 
                authorized to do business in the United States.
                  (D) qualification as a self-insurer.
          (2) A person domiciled in a country contiguous to the 
        United States and providing transportation to which a 
        minimum level of financial responsibility under this 
        section applies shall have evidence of financial 
        responsibility in the motor vehicle when the person is 
        providing the transportation. If evidence of financial 
        responsibility is not in the vehicle, the Secretary of 
        Transportation and the Secretary of the Treasury shall 
        deny entry of the vehicle into the United States.
          (3) A motor carrier may obtain the required amount of 
        financial responsibility from more than one source 
        provided the cumulative amount is equal to the minimum 
        requirements of this section.
  [(f)] (g) Civil penalty.--
          (1) If, after notice and an opportunity for a 
        hearing, the Secretary of Transportation finds that a 
        person (except an employee acting without knowledge) 
        has knowingly violated this section or a regulation 
        prescribed under this section, the person is liable to 
        the United States Government for a civil penalty of not 
        more than $10,000 for each violation. A separate 
        violation occurs for each day the violation continues.
          (2) The Secretary of Transportation shall impose the 
        penalty by written notice. In determining the amount of 
        the penalty, the Secretary shall consider--
                  (A) the nature, circumstances, extent, and 
                gravity of the violation;
                  (B) with respect to the violator, the degree 
                of culpability, any history of prior 
                violations, the ability to pay, and any effect 
                on the ability to continue doing business; and
                  (C) other matters that justice requires.
          (3) The Secretary of Transportation may compromise 
        the penalty before referring the matter to the Attorney 
        General for collection.
          (4) The Attorney General shall bring a civil action 
        in an appropriate district court of the United States 
        to collect a penalty referred to the Attorney General 
        for collection under this subsection.
          (5) The amount of the penalty may be deducted from 
        amounts the Government owes the person. An amount 
        collected under this section shall be deposited in the 
        Treasury as miscellaneous receipts.
  [(g)] (h) Nonapplication.--This section does not apply to a 
motor vehicle having a gross vehicle weight rating of less than 
10,000 pounds if the vehicle is not used to transport in 
interstate or foreign commerce--
          (1) class A or B explosives;
          (2) poison gas; or
          (3) a large quantity of radioactive material.

Sec. 31144. Safety fitness of owners and operators

  [(a) In general.--The Secretary shall--
          [(1) determine whether an owner or operator is fit to 
        operate safely commercial motor vehicles;
          [(2) periodically update such safety fitness 
        determinations;
          [(3) make such final safety fitness determinations 
        readily available to the public; and
          [(4) prescribe by regulation penalties for violations 
        of this section consistent with section 521.]
  (a) In General.--The Secretary shall--
          (1) determine whether an owner or operator is fit to 
        operate safely commercial motor vehicles, utilizing 
        among other things the accident record of an owner or 
        operator operating in interstate commerce and the 
        accident record and safety inspection record of such 
        owner or operator in operations that affect interstate 
        commerce;
          (2) periodically update such safety fitness 
        determinations;
          (3) make such final safety fitness determinations 
        readily available to the public; and
          (4) prescribe by regulation penalties for violations 
        of this section consistent with section 521.
  (b) Procedure.--The Secretary shall maintain by regulation a 
procedure for determining the safety fitness of an owner or 
operator. The procedure shall include, at a minimum, the 
following elements:
          (1) Specific initial and continuing requirements with 
        which an owner or operator must comply to demonstrate 
        safety fitness.
          (2) A methodology the Secretary will use to determine 
        whether an owner or operator is fit.
          (3) Specific time frames within which the Secretary 
        will determine whether an owner or operator is fit.
  (c) Prohibited transportation.--
          (1) In general.--Except as provided in [sections 
        521(b)(5)(A) and 5113] section 521(b)(5)(A) of this 
        title and this subsection, an owner or operator who the 
        Secretary determines is not fit may not operate 
        commercial motor vehicles in interstate commerce 
        beginning on the 61st day after the date of such 
        fitness determination and until the Secretary 
        determines such owner or operator is fit.
          (2) Owners or operators transporting passengers.--
        With regard to owners or operators of commercial motor 
        vehicles designed or used to transport passengers, an 
        owner or operator who the Secretary determines is not 
        fit may not operate in interstate commerce beginning on 
        the 46th day after the date of such fitness 
        determination and until the Secretary determines such 
        owner or operator is fit.
          (3) Owners or operators transporting hazardous 
        material.--With regard to owners or operators of 
        commercial motor vehicles designed or used to transport 
        hazardous material for which placarding of a motor 
        vehicle is required under regulations prescribed under 
        chapter 51, an owner or operator who the Secretary 
        determines is not fit may not operate in interstate 
        commerce beginning on the 46th day after the date of 
        such fitness determination and until the Secretary 
        determines such owner or operator is fit. A violation 
        of this paragraph by an owner or operator transporting 
        hazardous material shall be considered a violation of 
        chapter 51 of this title, and shall be subject to the 
        penalties in sections 5123 and 5124 of this title.
          (4) Secretary's discretion.--Except for owners or 
        operators described in paragraphs (2) and (3), the 
        Secretary may allow an owner or operator who is not fit 
        to continue operating for an additional 60 days after 
        the 61st day after the date of the Secretary's fitness 
        determination, if the Secretary determines that such 
        owner or operator is making a good faith effort to 
        become fit.
          (5) Transportation affecting interstate commerce.--
        Owners or operators of commercial motor vehicles 
        prohibited from operating in interstate commerce 
        pursuant to paragraphs (1) through (3) of this section 
        may not operate any commercial motor vehicle that 
        affects interstate commerce until the Secretary 
        determines that such owner or operator is fit.
  (d) Determination of Unfitness by a State.--If a State that 
receives Motor Carrier Safety Assistance Program funds pursuant 
to section 31102 of this title determines, by applying the 
standards prescribed by the Secretary under subsection (b) of 
this section, that an owner or operator of commercial motor 
vehicles that has its principal place of business in that State 
and operates in intrastate commerce is unfit under such 
standards and prohibits the owner or operator from operating 
such vehicles in the State, the Secretary shall prohibit the 
owner or operator from operating such vehicles in interstate 
commerce until the State determines that the owner or operator 
is fit.
  [(d)] (e) Review of fitness determinations.--
          (1) In general.--Not later than 45 days after an 
        unfit owner or operator requests a review, the 
        Secretary shall review such owner's or operator's 
        compliance with those requirements with which the owner 
        or operator failed to comply and resulted in the 
        Secretary determining that the owner or operator was 
        not fit.
          (2) Owners or operators transporting passengers.--Not 
        later than 30 days after an unfit owner or operator of 
        commercial motor vehicles designed or used to transport 
        passengers requests a review, the Secretary shall 
        review such owner's or operator's compliance with those 
        requirements with which the owner or operator failed to 
        comply and resulted in the Secretary determining that 
        the owner or operator was not fit.
          (3) Owners or operators transporting hazardous 
        material.--Not later than 30 days after an unfit owner 
        or operator of commercial motor vehicles designed or 
        used to transport hazardous material for which 
        placarding of a motor vehicle is required under 
        regulations prescribed under chapter 51, the Secretary 
        shall review such owner's or operator's compliance with 
        those requirements with which the owner or operator 
        failed to comply and resulted in the Secretary 
        determining that the owner or operator was not fit.
  [(e)] (f) Prohibited Government use.--A department, agency, 
or instrumentality of the United States Government may not use 
to provide any transportation service an owner or operator who 
the Secretary has determined is not fit until the Secretary 
determines such owner or operator is fit.
  [(c)] (g) Safety reviews of new operators.
          (1) In general.--The Secretary shall require, by 
        regulation, each owner and each operator granted new 
        operating authority, after the date on which section 
        31148(b) is first implemented, to undergo a safety 
        review within the first 18 months after the owner or 
        operator, as the case may be, begins operations under 
        such authority.
          (2) Elements.--In the regulations issued pursuant to 
        paragraph (1), the Secretary shall establish the 
        elements of the safety review, including basic safety 
        management controls. In establishing such elements, the 
        Secretary shall consider their effects on small 
        businesses and shall consider establishing alternate 
        locations where such reviews may be conducted for the 
        convenience of small businesses.
          (3) Phase-in of requirement.--The Secretary shall 
        phase in the requirements of paragraph (1) in a manner 
        that takes into account the availability of certified 
        motor carrier safety auditors.
          (4) New entrant authority.--Notwithstanding any other 
        provision of this title, any new operating authority 
        granted after the date on which section 31148(b) is 
        first implemented shall be designated as new entrant 
        authority until the safety review required by paragraph 
        (1) is completed.

                             * * * * * * *

Sec. 31149. Medical program

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

SUBCHAPTER IV--MISCELLANEOUS

Sec. 31161. International cooperation

  The Secretary is authorized to use funds appropriated under 
section 31104(i) of this title to participate and cooperate in 
international activities to enhance motor carrier, commercial 
motor vehicle, driver, and highway safety by such means as 
exchanging information, conducting research, and examining 
needs, best practices, and new technology.

            CHAPTER 313. COMMERCIAL MOTOR VEHICLE OPERATORS

Sec. 31302. Commercial driver's license and learner's permits  
                    requirement

  No individual shall operate a commercial motor vehicle 
without a valid commercial driver's license issued in 
accordance with section 31308. An individual operating a 
commercial motor vehicle may have only one driver's license at 
any [time.] time, and may have only 1 learner's permit at any 
time.

Sec. 31308. Commercial driver's license and learner's permit

  After consultation with the States, the Secretary of 
Transportation shall prescribe regulations on minimum uniform 
standards for the issuance of commercial drivers' licenses and 
learners' permits by the States and for information to be 
contained on each of the [licenses.] licenses and permits. The 
standards shall require at a minimum that--
          (1) an individual issued a commercial driver's 
        license pass written and driving tests for the 
        operation of a commercial motor vehicle that comply 
        with the minimum standards prescribed by the Secretary 
        under section 31305(a) of this title;
          (2) before a commercial driver's license learner's 
        permit can be issued to an individual, the individual 
        must pass a written test on the operation of a 
        commercial motor vehicle that complies with the minimum 
        standards prescribed by the Secretary under section 
        31305(a) of this title;
          [(2)] (3) the license or learner's permit be 
        tamperproof to the maximum extent practicable and each 
        license or learner's permit issued after January 1, 
        2001, include unique identifiers (which may include 
        biometric identifiers) to minimize fraud and 
        duplication; and
          [(3)] (4) the license or learner's permit contain--
                  (A) the name and address of the individual 
                issued the license or learner's permit and a 
                physical description of the individual;
                  (B) the social security account number or 
                other number or information the Secretary 
                decides is appropriate to identify the 
                individual;
                  (C) the class or type of commercial motor 
                vehicle the individual is authorized to operate 
                under the license or learner's permit;
                  (D) the name of the State that issued the 
                license or learner's permit; and
                  (E) the dates between which the license or 
                learner's permit is valid.

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

  (a) General requirement.--The Secretary of Transportation 
shall maintain an information system that will serve as a 
clearinghouse and depository of information about the 
licensing, identification, and disqualification of operators of 
commercial motor vehicles. The system shall be coordinated with 
activities carried out under section 31106. The Secretary shall 
consult with the States in carrying out this section.
  (b) Contents.--
          (1) At a minimum, the information system under this 
        section shall include for each operator of a commercial 
        motor vehicle--
                  (A) information the Secretary considers 
                appropriate to ensure identification of the 
                operator;
                  (B) the name, address, and physical 
                description of the operator;
                  (C) the social security account number of the 
                operator or other number or information the 
                Secretary considers appropriate to identify the 
                operator;
                  (D) the name of the State that issued the 
                license or learner's permit to the operator;
                  (E) the dates between which the license or 
                learner's permit is valid; and
                  (F) whether the operator had a commercial 
                motor vehicle driver's license or learner's 
                permit revoked, suspended, or canceled by a 
                State, lost the right to operate a commercial 
                motor vehicle in a State for any period, or has 
                been disqualified from operating a commercial 
                motor vehicle.
          (2) The information system under this section must 
        accommodate any unique identifiers required to minimize 
        fraud or duplication of a commercial driver's license 
        or learner's permit under section 31308(2).
  (c) Availability of information.--Information in the 
information system shall be made available and subject to 
review and correction in accordance with the policy developed 
under section 31106(e).
  (d) Fee system.--The Secretary may establish a fee system for 
using the information system. Fees collected under this 
subsection in a fiscal year shall equal as nearly as possible 
the costs of operating the information system in that fiscal 
year. The Secretary shall deposit fees collected under this 
subsection in the Highway Trust Fund (except the Mass Transit 
Account).

Sec. 31310. Disqualifications

  (a) Blood alcohol concentration level.--In this section, the 
blood alcohol concentration level at or above which an 
individual when operating a commercial motor vehicle is deemed 
to be driving under the influence of alcohol is .04 percent.
  (b) First violation or committing felony.--
          (1) Except as provided in paragraph (2) of this 
        subsection and subsection (c) of this section, the 
        Secretary of Transportation shall disqualify from 
        operating a commercial motor vehicle for at least one 
        year an individual--
                  (A) committing a first violation of driving a 
                commercial motor vehicle under the influence of 
                alcohol or a controlled substance;
                  (B) committing a first violation of leaving 
                the scene of an accident involving a commercial 
                motor vehicle operated by the individual;
                  (C) using a commercial motor vehicle in 
                committing a felony (except a felony described 
                in subsection (d) of this section);
                  (D) committing a first violation of driving a 
                commercial motor vehicle when the individual's 
                commercial driver's license is revoked, 
                suspended, or canceled based on the 
                individual's operation of a commercial motor 
                vehicle or when the individual is disqualified 
                from operating a commercial motor vehicle based 
                on the individual's operation of a commercial 
                motor vehicle; or
                  (E) convicted of causing a fatality through 
                negligent or criminal operation of a commercial 
                motor vehicle.
          (2) If the vehicle involved in a violation referred 
        to in paragraph (1) of this subsection is transporting 
        hazardous material required to be placarded under 
        section 5103 of this title, the Secretary shall 
        disqualify the individual for at least 3 years.
  (c) Second and multiple violations.--
          (1) Subject to paragraph (2) of this subsection, the 
        Secretary shall disqualify from operating a commercial 
        motor vehicle for life an individual--
                  (A) committing more than one violation of 
                driving a commercial motor vehicle under the 
                influence of alcohol or a controlled substance;
                  (B) committing more than one violation of 
                leaving the scene of an accident involving a 
                commercial motor vehicle operated by the 
                individual;
                  (C) using a commercial motor vehicle in 
                committing more than one felony arising out of 
                different criminal episodes;
                  (D) committing more than one violation of 
                driving a commercial motor vehicle when the 
                individual's commercial driver's license is 
                revoked, suspended, or canceled based on the 
                individual's operation of a commercial motor 
                vehicle or when the individual is disqualified 
                from operating a commercial motor vehicle based 
                on the individual's operation of a commercial 
                motor vehicle;
                  (E) convicted of more than one offense of 
                causing a fatality through negligent or 
                criminal operation of a commercial motor 
                vehicle; or
                  (F) committing any combination of single 
                violations or use described in subparagraphs 
                (A) through (E).
          (2) The Secretary may prescribe regulations 
        establishing guidelines (including conditions) under 
        which a disqualification for life under paragraph (1) 
        of this subsection may be reduced to a period of not 
        less than 10 years.
  (d) Controlled substance violations.--The Secretary shall 
disqualify from operating a commercial motor vehicle for life 
an individual who uses a commercial motor vehicle in committing 
a felony involving manufacturing, distributing, or dispensing a 
controlled substance, or possession with intent to manufacture, 
distribute, or dispense a controlled substance.
  (e) Serious traffic violations.--
          (1) The Secretary shall disqualify from operating a 
        commercial motor vehicle for at least 60 days an 
        individual who, in a 3-year period, commits 2 serious 
        traffic violations involving a commercial motor vehicle 
        operated by the individual.
          (2) The Secretary shall disqualify from operating a 
        commercial motor vehicle for at least 120 days an 
        individual who, in a 3-year period, commits 3 serious 
        traffic violations involving a commercial motor vehicle 
        operated by the individual.
  (f) Emergency disqualification.--
          (1) Limited duration.--The Secretary shall disqualify 
        an individual from operating a commercial motor vehicle 
        for not to exceed 30 days if the Secretary determines 
        that allowing the individual to continue to operate a 
        commercial motor vehicle would create an imminent 
        hazard (as such term is defined in section 5102).
          (2) After notice and hearing.--The Secretary shall 
        disqualify an individual from operating a commercial 
        motor vehicle for more than 30 days if the Secretary 
        determines, after notice and an opportunity for a 
        hearing, that allowing the individual to continue to 
        operate a commercial motor vehicle would create an 
        imminent hazard (as such term is defined in section 
        5102).
  (g) Noncommercial motor vehicle convictions.--
          (1) Issuance of regulations.--Not later than 1 year 
        after the date of the enactment of this Act, the 
        Secretary shall issue regulations providing for the 
        disqualification by the Secretary from operating a 
        commercial motor vehicle of an individual who holds a 
        commercial driver's license and who has been convicted 
        of--
                  (A) a serious offense involving a motor 
                vehicle (other than a commercial motor vehicle) 
                that has resulted in the revocation, 
                cancellation, or suspension of the individual's 
                license; or
                  (B) a drug or alcohol related offense 
                involving a motor vehicle (other than a 
                commercial motor vehicle).
          (2) Requirements for regulations.--Regulations issued 
        under paragraph (1) shall establish the minimum periods 
        for which the disqualifications shall be in effect, but 
        in no case shall the time periods for disqualification 
        for noncommercial motor vehicle violations be more 
        stringent than those for offenses or violations 
        involving a commercial motor vehicle. The Secretary 
        shall determine such periods based on the seriousness 
        of the offenses on which the convictions are based.
  (h) State disqualification.--Notwithstanding subsections (b) 
through (g) of this section, the Secretary does not have to 
disqualify an individual from operating a commercial motor 
vehicle if the State that issued the individual a license 
authorizing the operation has disqualified the individual from 
operating a commercial motor vehicle under subsections (b) 
through (g). Revocation, suspension, or cancellation of the 
license is deemed to be disqualification under this subsection.
  (i) Out-of-service orders.--
          (1)(A) To enforce section 392.5 of title 49, Code of 
        Federal Regulations, the Secretary shall prescribe 
        regulations establishing and enforcing an out-of-
        service period of 24 hours for an individual who 
        violates section 392.5. An individual may not violate 
        an out-of-service order issued under those regulations.
                  (B) The Secretary shall prescribe regulations 
                establishing and enforcing requirements for 
                reporting out-of-service orders issued under 
                regulations prescribed under subparagraph (A) 
                of this paragraph. Regulations prescribed under 
                this subparagraph shall require at least that 
                an operator of a commercial motor vehicle who 
                is issued an out-of-service order to report the 
                issuance to the individual's employer and to 
                the State that issued the operator a driver's 
                license.
          [(2) Not later than December 18, 1992, the Secretary 
        shall prescribe regulations establishing sanctions and 
        penalties related to violations of out-of-service 
        orders by individuals operating commercial motor 
        vehicles. The regulations shall require at least that--
                  [(A) an operator of a commercial motor 
                vehicle found to have committed a first 
                violation of an out-of-service order shall be 
                disqualified from operating such a vehicle for 
                at least 90 days and liable for a civil penalty 
                of at least $1,000;
                  [(B) an operator of a commercial motor 
                vehicle found to have committed a 2d violation 
                of an out-of-service order shall be 
                disqualified from operating such a vehicle for 
                at least one year and not more than 5 years and 
                liable for a civil penalty of at least $1,000; 
                and
                  [(C) an employer that knowingly allows or 
                requires an employee to operate a commercial 
                motor vehicle in violation of an out-of-service 
                order shall be liable for a civil penalty of 
                not more than $10,000.]
          (2) The Secretary shall prescribe regulations 
        establishing sanctions and penalties related to 
        violations of out-of-service orders by individuals 
        operating commercial motor vehicles. The regulations 
        shall require at least that--
                  (A) an operator of a commercial motor vehicle 
                found to have committed a first violation of an 
                out-of-service order shall be disqualified from 
                operating such a vehicle for at least 180 days 
                and liable for a civil penalty of at least 
                $2,500;
                  (B) an operator of a commercial motor vehicle 
                found to have committed a second violation of 
                an out-of-service order shall be disqualified 
                from operating such a vehicle for at least 2 
                years and not more than 5 years and liable for 
                a civil penalty of at least $5,000;
                  (C) an employer that knowingly allows or 
                requires an employee to operate a commercial 
                motor vehicle in violation of an out-of-service 
                order shall be liable for a civil penalty of 
                not more than $25,000; and
                  (D) an employer that knowingly and willfully 
                allows or requires an employee to operate a 
                commercial motor vehicle in violation of an 
                out-of-service order shall, upon conviction, be 
                subject for each offense to imprisonment for a 
                term not to exceed 1 year or a fine under title 
                18, United States Code, or both.
  (j) Grade-crossing violations.--
          (1) Sanctions.--The Secretary shall issue regulations 
        establishing sanctions and penalties relating to 
        violations, by persons operating commercial motor 
        vehicles, of laws and regulations pertaining to 
        railroad-highway grade crossings.
          (2) Minimum requirements.--The regulations issued 
        under paragraph (1) shall, at a minimum, require that--
                  (A) the penalty for a single violation is not 
                less than a 60-day disqualification of the 
                driver's commercial driver's license; and
                  (B) any employer that knowingly allows, 
                permits, authorizes, or requires an employee to 
                operate a commercial motor vehicle in violation 
                of such a law or regulation shall be subject to 
                a civil penalty of not more than $10,000.

Sec. 31314. Withholding amounts for State noncompliance

  [(a) First fiscal year.--The Secretary of Transportation 
shall withhold 5 percent of the amount required to be 
apportioned to a State under section 104(b)(1), (3), and (4) of 
title 23 on the first day of the fiscal year after the first 
fiscal year beginning after September 30, 1992, throughout 
which the State does not comply substantially with a 
requirement of section 31311(a) of this title.
  [(b) Second fiscal year.--The Secretary shall withhold 10 
percent of the amount required to be apportioned to a State 
under section 104(b)(1), (3), and (4) of title 23 on the first 
day of each fiscal year after the 2d fiscal year beginning 
after September 30, 1992, throughout which the State does not 
comply substantially with a requirement of section 31311(a) of 
this title.]
  (a) First Fiscal Year.--The Secretary of Transportation shall 
withhold up to 5 percent of the amount required to be 
apportioned to a State under section 104(b)(1), (3), and (4) of 
title 23 on the first day of the fiscal year after the first 
fiscal year beginning after September 30, 1992, throughout 
which the State does not comply substantially with a 
requirement of section 31311(a) of this title.
  (b) Second Fiscal Year.--The Secretary shall withhold up to 
10 percent of the amount required to be apportioned to a State 
under section 104(b)(1), (3), and (4) of title 23 on the first 
day of each fiscal year after the second fiscal year beginning 
after September 30, 1992, throughout which the State does not 
comply substantially with a requirement of section 31311(a) of 
this title.
  (c) Availability for apportionment.--Amounts withheld under 
this section from apportionment to a State after September 30, 
1995, are not available for apportionment to the State.

                             * * * * * * *

Sec. 31318. Grants for Commercial Driver's License Program Improvements

  (a) General Authority.--From the funds authorized by section 
222(c)(3) of the Motor Carrier Safety Reauthorization Act of 
2003, the Secretary may make a grant to a State, except as 
otherwise provided in subsection (e), in a fiscal year to 
improve its implementation of the commercial driver's license 
program, providing the State is in substantial compliance with 
the requirements of section 31311 and this section. The 
Secretary shall establish criteria for the distribution of 
grants and notify the States annually of such criteria.
  (b) Conditions.--Except as otherwise provided in subsection 
(e), a State may use a grant under this section only for 
expenses directly related to its commercial driver's license 
program, including, but not limited to, computer hardware and 
software, publications, testing, personnel, training, and 
quality control. The grant may not be used to rent, lease, or 
buy land or buildings. The Secretary shall give priority to 
grants that will be used to achieve compliance with Federal 
laws and regulations governing the commercial driver's license 
program. The Secretary may allocate the funds appropriated for 
such grants in a fiscal year among the eligible States whose 
applications for grants have been approved, under criteria 
established by the Secretary.
  (c) Maintenance of Expenditures.--Except as otherwise 
provided in subsection (e), the Secretary may make a grant to a 
State under this section only if the State agrees that the 
total expenditure of amounts of the State and political 
subdivisions of the State, exclusive of United States 
Government amounts, for the operation of the commercial 
driver's license program will be maintained at a level at least 
equal to the average level of that expenditure by the State and 
political subdivisions of the State for the last 2 fiscal years 
before October 1, 2003.
  (d) Government Share.--Except as otherwise provided in 
subsection (e), the Secretary shall reimburse a State, from a 
grant made under this section, an amount that is not more than 
80 percent of the costs incurred by the State in a fiscal year 
in implementing the commercial driver's license improvements 
described in subsection (b). In determining those costs, the 
Secretary shall include in-kind contributions by the State.
  (e) High-Priority Activities.--
          (1) The Secretary may make a grant to a State agency, 
        local government, or organization representing 
        government agencies or officials for the full cost of 
        research, development, demonstration projects, public 
        education, or other special activities and projects 
        relating to commercial driver licensing and motor 
        vehicle safety that are of benefit to all jurisdictions 
        or designed to address national safety concerns and 
        circumstances.
          (2) The Secretary may designate up to 10 percent of 
        the amounts made available under section 222(c)(3) of 
        the Motor Carrier Safety Reauthorization Act of 2003 in 
        a fiscal year for high-priority activities under 
        subsection (e)(1).
  (f) Emerging Issues.--The Secretary may designate up to 10 
percent of the amounts made available under section 222(c)(3) 
of the Motor Carrier Safety Reauthorization Act of 2003 in a 
fiscal year for allocation to a State agency, local government, 
or other person at the discretion of the Secretary to address 
emerging issues relating to commercial driver's license 
improvements.
  (g) Apportionment.--Except as otherwise provided in 
subsections (e) and (f), all amounts available in a fiscal year 
to carry out this section shall be apportioned to States 
according to a formula prescribed by the Secretary.
  (h) Deduction for Administrative Expenses.--On October 1 of 
each fiscal year or as soon after that date as practicable, the 
Secretary may deduct, from amounts made available under section 
222(c)(3) of the Motor Carrier Safety Reauthorization Act of 
2003 for that fiscal year, up to 0.75 percent of those amounts 
for administrative expenses incurred in carrying out this 
section in that fiscal year.

            PART C. INFORMATION, STANDARDS, AND REQUIREMENTS

                   CHAPTER 323. CONSUMER INFORMATION

Sec. 32310. Load capacity of light trucks

  Each manufacturer of a new light duty truck manufactured 
after September 30, 2005, and distributed in commerce for sale 
in the United States, shall establish each year for each model 
year and cause to be attached in a prominent place on each of 
those trucks at least 1 label containing a statement of the 
vehicle's maximum weight carrying capacity.

                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                 SUBPART IV. ENFORCEMENT AND PENALTIES

                         CHAPTER 463. PENALTIES

Sec. 46312. Transporting hazardous material

  (a) In general.--A person shall be fined under title 18, 
imprisoned for not more than 5 years, or both, if the person, 
in violation of a regulation or requirement related to the 
transportation of hazardous material prescribed by the 
Secretary of Transportation under this [part--] or chapter 51 
of this title--
          (1) willfully delivers, or causes to be delivered, 
        property containing hazardous material to an air 
        carrier or to an operator of a civil aircraft for 
        transportation in air commerce; or
          (2) recklessly causes the transportation in air 
        commerce of the property.
  (b) Knowledge of regulations.--For purposes of subsection 
(a), knowledge by the person of the existence of a regulation 
or requirement related to the transportation of hazardous 
material prescribed by the Secretary under this part or chapter 
51 of this title is not an element of an offense under this 
section but shall be considered in mitigation of the penalty.

                                
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