II

105TH CONGRESS

1ST SESSION S. 1267

To amend title 49, United States Code, to provide for enhanced intermodal

transportation safety, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 8, 1997

Mr. MCCAIN introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

A BILL

To amend title 49, United States Code, to provide for enhanced intermodal transportation safety, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Intermodal Transpor5 tation Safety Act of 1997’’.

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

7 Except as otherwise expressly provided, whenever in

8 this Act an amendment or repeal is expressed in terms

9 of an amendment to, or a repeal of, a section or other

10 provision, the reference shall be considered to be made to
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1 a section or other provision of title 49, United States

2 Code.

3 SEC. 3. TABLE OF CONTENTS.

4 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Amendment of title 49, United States Code.

Sec. 3. Table of contents.

TITLE I—HIGHWAY SAFETY

Sec. 101. Highway safety programs.

Sec. 102. National driver register.

Sec. 103. Authorizations of appropriations.

TITLE II—TRAFFIC SAFETY

Sec. 201. Amendment to title 23, United States Code.

Sec. 202. Amendments to chapter 301 (motor vehicle safety).

TITLE III—HAZARDOUS MATERIALS TRANSPORTATION

REAUTHORIZATION

Sec. 301. Findings and purposes; definitions.

Sec. 302. Handling criteria repeal.

Sec. 303. Hazmat employee training requirements.

Sec. 304. Registration.

Sec. 305. Shipping paper retention.

Sec. 306. Unsatisfactory safety rating.

Sec. 307. Public sector training curriculum.

Sec. 308. Planning and training grants.

Sec. 309. Special permits and exclusions.

Sec. 310. Administration.

Sec. 311. Cooperative agreements.

Sec. 312. Enforcement.

Sec. 313. Penalties.

Sec. 314. Preemption.

Sec. 315. Judicial review.

Sec. 316. Hazardous material transportation reauthorization.

Sec. 317. Authorization of appropriations.

TITLE IV—COMPREHENSIVE ONE-CALL NOTIFICATION

Sec. 401. Findings.

Sec. 402. Establishment of one-call notification programs.

TITLE V—MOTOR CARRIER SAFETY

Sec. 501. Statement of purpose.

Sec. 502. Grants to States.

Sec. 503. Federal share.

Sec. 504. Authorization of appropriations.

Sec. 505. Information systems and strategic safety initiatives.

Sec. 506. Improved flow of driver history pilot program.
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Sec. 507. Motor carrier and driver safety research.

Sec. 508. Authorization of appropriations.

Sec. 509. Conforming amendments.

Sec. 510. Automobile transporter defined.

Sec. 511. Repeal of review panel; review procedure.

Sec. 512. Commercial motor vehicle operators.

Sec. 513. Penalties.

Sec. 514. International registration plan and international fuel tax agreement.

Sec. 515. Study of adequacy of parking facilities.

Sec. 516. National minimum drinking age—technical corrections.

Sec. 517. Application of regulations.

Sec. 518. Authority over charter bus transportation.

Sec. 519. Federal motor carrier safety investigations.

Sec. 520. Foreign motor carrier safety fitness.

Sec. 521. Commercial motor vehicle safety advisory committee.

Sec. 522. Waivers and pilot programs.

TITLE VI—RAIL AND MASS TRANSPORTATION ANTI-TERRORISM

AND SAFETY

Sec. 601. Purpose.

Sec. 602. Amendments to the ‘‘Wrecking Trains’’ statute.

Sec. 603. Terrorist attacks against mass transportation.

Sec. 604. Investigative jurisdiction.

Sec. 605. Safety considerations in grants or loans to commuter railroads.

Sec. 606. Railroad accident and incident reporting.

Sec. 607. Vehicle weight limitations—mass transportation buses.

1 TITLE I—HIGHWAY SAFETY

2 SEC. 101. HIGHWAY SAFETY PROGRAMS.

3 (a) UNIFORM GUIDELINES.—Section 402(a) of title

4 23, United States Code, is amended—

5 (1) by striking the fifth sentence; and

6 (2) by striking ‘‘section 4007’’ and inserting

7 ‘‘section 4004’’.

8 (b) ADMINISTRATIVE REQUIREMENTS.—Section

9 402(b) of such title is amended—

10 (1) in paragraph (1) by striking the period at

11 the end of each of subparagraphs (A) and (B) and

12 inserting a semicolon;
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1 (2) in paragraph (1)(C) by inserting ‘‘, includ2 ing Indian tribes,’’ after ‘‘subdivisions of such

3 State’’;

4 (3) in paragraph (1)(C) by striking the period

5 at the end and inserting ‘‘; and’’;

6 (4) by striking paragraph (1)(E); and

7 (5) by striking paragraphs (3) and (4) and re8 designating paragraph (5) as paragraph (3).

9 (c) APPORTIONMENT OF FUNDS.—Section 402(c) of

10 such title is amended—

11 (1) in the 6th sentence by inserting ‘‘the appor12 tionment to the Secretary of the Interior shall not

13 be less than three-fourths of 1 percent of the total

14 apportionment and’’ after ‘‘except that’’; and

15 (2) by striking the 7th and 8th sentences.

16 (d) APPLICATION IN INDIAN COUNTRY.—Section

17 402(i) of such title is amended to read as follows:

18 ‘‘(i) APPLICATION IN INDIAN COUNTRY.—

19 ‘‘(1) IN GENERAL.—For the purpose of applica20 tion of this section in Indian country, the terms

21 ‘State’ and ‘Governor of a State’ include the Sec22 retary of the Interior and the term ‘political subdivi23 sion of a State’ includes an Indian tribe. Notwith24 standing the provisions of subparagraph (b)(1)(C) of

25 this section, 95 percent of the funds apportioned to
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1 the Secretary of the Interior under this section shall

2 be expended by Indian tribes to carry out highway

3 safety programs within their jurisdictions. The pro4 visions of subparagraph (b)(1)(D) of this section

5 shall be applicable to Indian tribes, except to those

6 tribes with respect to which the Secretary deter7 mines that application of such provisions would not

8 be practicable.

9 ‘‘(2) INDIAN COUNTRY DEFINED.—For the pur10 poses of this subsection, the term ‘Indian country’

11 means—

12 ‘‘(A) all land within the limits of any In13 dian reservation under the jurisdiction of the

14 United States, notwithstanding the issuance of

15 any patent, and including rights-of-way running

16 through the reservation;

17 ‘‘(B) all dependent Indian communities

18 within the borders of the United States whether

19 within the original or subsequently acquired ter20 ritory thereof and whether within or without

21 the limits of a State; and

22 ‘‘(C) all Indian allotments, the Indian ti23 tles to which have not been extinguished, in24 cluding rights-of-way running through such al25 lotments.’’.
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1 (e) RULEMAKING PROCESS.—Section 402(j) of such

2 title is amended to read as follows:

3 ‘‘(j) RULEMAKING PROCESS.—The Secretary may

4 from time to time conduct a rulemaking process to identify

5 highway safety programs that are highly effective in re6 ducing motor vehicle crashes, injuries and deaths. Any

7 such rulemaking shall take into account the major role of

8 the States in implementing such programs. When a rule

9 promulgated in accordance with this section takes effect,

10 States shall consider these highly effective programs when

11 developing their highway safety programs.’’.

12 (f) SAFETY INCENTIVE GRANTS.—Section 402(k) of

13 such title is amended to read as follows:

14 ‘‘(k)(1) SAFETY INCENTIVE GRANTS: GENERAL AU15 THORITY.—The Secretary shall make a grant to a State

16 that takes specific actions to advance highway safety

17 under subsection (l), (m), (n), or (o) of this section. A

18 State may qualify for more than one grant and shall re19 ceive a separate grant for each subsection for which it

20 qualifies. Such grants may only be used by recipient

21 States to implement and enforce, as appropriate, the pro22 grams for which the grants are awarded.

23 ‘‘(2) MAINTENANCE OF EFFORT.—No grant may be

24 made to a State under subsection (l), (m), (n), or (o) of

25 this section in any fiscal year unless such State enters into
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1 such agreements with the Secretary as the Secretary may

2 require to ensure that such State will maintain its aggre3 gate expenditures from all other sources for the specific

4 actions for which a grant is provided at or above the aver5 age level of such expenditures in its 2 fiscal years preced6 ing the date of the enactment of this subsection.

7 ‘‘(3) MAXIMUM PERIOD OF ELIGIBILITY; FEDERAL

8 SHARE FOR GRANTS.—Each grant under subsection (l),

9 (m), (n), or (o) of this section shall be available for not

10 more than 6 fiscal years beginning in the fiscal year after

11 September 30, 1997, in which the State becomes eligible

12 for the grant. The Federal share payable for any grant

13 under subsection (l), (m), (n), or (o) shall not exceed—

14 ‘‘(A) in the first and second fiscal years in

15 which the State receives the grant, 75 percent of the

16 cost of implementing and enforcing, as appropriate,

17 in such fiscal year a program adopted by the State;

18 ‘‘(B) in the third and fourth fiscal years in

19 which the State receives the grant, 50 percent of the

20 cost of implementing and enforcing, as appropriate,

21 in such fiscal year such program; and

22 ‘‘(C) in the fifth and sixth fiscal years in which

23 the State receives the grant, 25 percent of the cost

24 of implementing and enforcing, as appropriate, in

25 such fiscal year such program.
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1 ‘‘(l) ALCOHOL-IMPAIRED DRIVING COUNTER2 MEASURES: BASIC GRANT ELIGIBILITY.—The Secretary

3 shall make grants to those States that adopt and imple4 ment effective programs to reduce traffic safety problems

5 resulting from persons driving under the influence of alco6 hol. A State shall become eligible for one or more of three

7 basic grants under this subsection by adopting or dem8 onstrating the following to the satisfaction of the Sec9 retary:

10 ‘‘(1) BASIC GRANT A.—At least 4 of the follow11 ing:

12 ‘‘(A) ADMINISTRATIVE LICENSE REVOCA13 TION.—An administrative driver’s license sus14 pension or revocation system for persons who

15 operate motor vehicles while under the influence

16 of alcohol which requires that—

17 ‘‘(i) in the case of a person who, in

18 any 5-year period beginning after the date

19 of enactment of this subsection, is deter20 mined on the basis of a chemical test to

21 have been operating a motor vehicle under

22 the influence of alcohol or is determined to

23 have refused to submit to such a test as

24 proposed by a law enforcement officer, the

25 State agency responsible for administering
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1 drivers’ licenses, upon receiving the report

2 of the law enforcement officer—

3 ‘‘(I) shall suspend the driver’s li4 cense of such person for a period of

5 not less than 90 days if such person

6 is a first offender in such 5-year pe7 riod; and

8 ‘‘(II) shall suspend the driver’s li9 cense of such person for a period of

10 not less than 1 year, or revoke such li11 cense, if such person is a repeat of12 fender in such 5-year period; and

13 ‘‘(ii) the suspension and revocation re14 ferred to under clause (A)(i) of this sub15 paragraph shall take effect not later than

16 30 days after the day on which the person

17 refused to submit to a chemical test or re18 ceived notice of having been determined to

19 be driving under the influence of alcohol,

20 in accordance with the State’s procedures.

21 ‘‘(B) UNDERAGE DRINKING PROGRAM.—

22 An effective system, as determined by the Sec23 retary, for preventing operators of motor vehi24 cles under age 21 from obtaining alcoholic bev25 erages. Such system may include the issuance
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1 of drivers’ licenses to individuals under age 21

2 that are easily distinguishable in appearance

3 from drivers’ licenses issued to individuals age

4 21 years of age or older.

5 ‘‘(C) STOPPING MOTOR VEHICLES.—Ei6 ther—

7 ‘‘(i) A statewide program for stopping

8 motor vehicles on a nondiscriminatory,

9 lawful basis for the purpose of determining

10 whether the operators of such motor vehi11 cles are driving while under the influence

12 of alcohol, or

13 ‘‘(ii) a statewide Special Traffic En14 forcement Program for impaired driving

15 that emphasizes publicity for the program.

16 ‘‘(D) REPEAT OFFENDERS.—Effective

17 sanctions for repeat offenders convicted of driv18 ing under the influence of alcohol. Such sanc19 tions, as determined by the Secretary, may in20 clude electronic monitoring; alcohol interlocks;

21 intensive supervision of probation; vehicle im22 poundment, confiscation, or forfeiture; and

23 dedicated detention facilities.

24 ‘‘(E) GRADUATED LICENSING SYSTEM.—A

25 three-stage graduated licensing system for
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1 young drivers that includes nighttime driving

2 restrictions during the first two stages, requires

3 all vehicle occupants to be properly restrained,

4 and makes it unlawful for a person under age

5 21 to operate a motor vehicle with a blood alco6 hol concentration of .02 percent or greater.

7 ‘‘(2) BASIC GRANT B.—Both of the following:

8 ‘‘(A) ADMINISTRATIVE LICENSE REVOCA9 TION.—An administrative driver’s license sus10 pension or revocation system for persons who

11 operate motor vehicles while under the influence

12 of alcohol which requires that—

13 ‘‘(i) in the case of a person who, in

14 any 5-year period beginning after the date

15 of enactment of this subsection, is deter16 mined on the basis of a chemical test to

17 have been operating a motor vehicle under

18 the influence of alcohol or is determined to

19 have refused to submit to such a test as

20 requested by a law enforcement officer, the

21 State agency responsible for administering

22 drivers’ licenses, upon receiving the report

23 of the law enforcement officer—

24 ‘‘(I) shall suspend the driver’s li25 cense of such person for a period of
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1 not less than 90 days if such person

2 is a first offender in such 5-year pe3 riod; and

4 ‘‘(II) shall suspend the driver’s li5 cense of such person for a period of

6 not less than 1 year, or revoke such li7 cense, if such person is a repeat of8 fender in such 5-year period; and

9 ‘‘(ii) the suspension and revocation re10 ferred to under clause (A)(i) of this sub11 paragraph shall take effect not later than

12 30 days after the day on which the person

13 refused to submit to a chemical test or re14 ceives notice of having been determined to

15 be driving under the influence of alcohol,

16 in accordance with the State’s procedures;

17 and

18 ‘‘(B) .08 BAC PER SE LAW.—A law that

19 provides that any person with a blood alcohol

20 concentration of 0.08 percent or greater while

21 operating a motor vehicle shall be deemed to be

22 driving while intoxicated.

23 ‘‘(3) BASIC GRANT C.—Both of the following:

24 ‘‘(A) FATAL IMPAIRED DRIVER PERCENT25 AGE REDUCTION.—The percentage of fatally in-
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1 jured drivers with 0.10 percent or greater blood

2 alcohol concentration in the State has decreased

3 in each of the 3 most recent calendar years for

4 which statistics for determining such percent5 ages are available; and

6 ‘‘(B) FATAL IMPAIRED DRIVER PERCENT7 AGE COMPARISON.—The percentage of fatally

8 injured drivers with 0.10 percent or greater

9 blood alcohol concentration in the State has

10 been lower than the average percentage for all

11 States in each of such calendar years.

12 ‘‘(4) BASIC GRANT AMOUNT.—The amount of

13 each basic grant under this subsection for any fiscal

14 year shall be up to 15 percent of the amount appor15 tioned to the State for fiscal year 1997 under sec16 tion 402 of this title.

17 ‘‘(5) ALCOHOL-IMPAIRED DRIVING COUNTER18 MEASURES: SUPPLEMENTAL GRANTS.—During the

19 period in which a State is eligible for a basic grant

20 under this subsection, the State shall be eligible to

21 receive a supplemental grant in no more than two

22 fiscal years of up to 5 percent of the amount appor23 tioned to the State in fiscal year 1997 under section

24 402 of this title. The State may receive a separate
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1 supplemental grant for meeting each of the following

2 criteria:

3 ‘‘(A) OPEN CONTAINER LAWS.—The State

4 makes unlawful the possession of any open alco5 holic beverage container, or the consumption of

6 any alcoholic beverage, in the passenger area of

7 any motor vehicle located on a public highway

8 or the right-of-way of a public highway, ex9 cept—

10 ‘‘(i) as allowed in the passenger area,

11 by a person (other than the driver), of any

12 motor vehicle designed to transport more

13 than 10 passengers (including the driver)

14 while being used to provide charter trans15 portation of passengers; or

16 ‘‘(ii) as otherwise specifically allowed

17 by such State, with the approval of the

18 Secretary, but in no event may the driver

19 of such motor vehicle be allowed to possess

20 or consume an alcoholic beverage in the

21 passenger area.

22 ‘‘(B) MANDATORY BLOOD ALCOHOL CON23 CENTRATION TESTING PROGRAMS.—The State

24 provides for mandatory blood alcohol concentra25 tion testing whenever a law enforcement officer
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1 has probable cause under State law to believe

2 that a driver of a motor vehicle involved in a

3 crash resulting in the loss of human life or, as

4 determined by the Secretary, serious bodily in5 jury, has committed an alcohol-related traffic

6 offense.

7 ‘‘(C) VIDEO EQUIPMENT FOR DETECTION

8 OF DRUNK DRIVERS.—The State provides for a

9 program to acquire video equipment to be used

10 in detecting persons who operate motor vehicles

11 while under the influence of alcohol and in

12 prosecuting those persons, and to train person13 nel in the use of that equipment.

14 ‘‘(D) BLOOD ALCOHOL CONCENTRATION

15 FOR PERSONS UNDER AGE 21.—The State en16 acts and enforces a law providing that any per17 son under age 21 with a blood alcohol con18 centration of 0.02 percent or greater when driv19 ing a motor vehicle shall be deemed to be driv20 ing while intoxicated or driving under the influ21 ence of alcohol, and further provides for a mini22 mum suspension of the person’s driver’s license

23 for not less than 30 days.

24 ‘‘(E) SELF-SUSTAINING DRUNK DRIVING

25 PREVENTION PROGRAM.—The State provides
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1 for a self-sustaining drunk driving prevention

2 program under which a significant portion of

3 the fines or surcharges collected from individ4 uals apprehended and fined for operating a

5 motor vehicle while under the influence of alco6 hol are returned to those communities which

7 have comprehensive programs for the preven8 tion of such operations of motor vehicles.

9 ‘‘(F) REDUCING DRIVING WITH A SUS10 PENDED LICENSE.—The State enacts and en11 forces a law to reduce driving with a suspended

12 license. Such law, as determined by the Sec13 retary, may require a ‘‘zebra’’ stripe that is

14 clearly visible on the license plate of any motor

15 vehicle owned and operated by a driver with a

16 suspended license.

17 ‘‘(G) EFFECTIVE DWI TRACKING SYS18 TEM.—The State demonstrates an effective

19 driving while intoxicated (DWI) tracking sys20 tem. Such a system, as determined by the Sec21 retary, may include data covering arrests, case

22 prosecutions, court dispositions and sanctions,

23 and provide for the linkage of such data and

24 traffic records systems to appropriate jurisdic25 tions and offices within the State.
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1 ‘‘(H) ASSESSMENT OF PERSONS CON2 VICTED OF ABUSE OF CONTROLLED SUB3 STANCES; ASSIGNMENT OF TREATMENT FOR

4 ALL DWI/DUI OFFENDERS.—The State provides

5 for assessment of individuals convicted of driv6 ing while intoxicated or driving under the influ7 ence of alcohol or controlled substances, and for

8 the assignment of appropriate treatment.

9 ‘‘(I) USE OF PASSIVE ALCOHOL SEN10 SORS.—The State provides for a program to ac11 quire passive alcohol sensors to be used by po12 lice officers in detecting persons who operate

13 motor vehicles while under the influence of alco14 hol, and to train police officers in the use of

15 that equipment.

16 ‘‘(J) EFFECTIVE PENALTIES FOR PROVI17 SION OR SALE OF ALCOHOL TO PERSONS

18 UNDER 21.—The State enacts and enforces a

19 law that provides for effective penalties or other

20 consequences for the sale or provision of alco21 holic beverages to any individual under 21 years

22 of age.

23 ‘‘(6) DEFINITIONS.—For the purposes of this

24 subsection, the following definitions apply:
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1 ‘‘(A) ‘Alcoholic beverage’ has the meaning

2 such term has under section 158(c) of this title.

3 ‘‘(B) ‘Controlled substances’ has the mean4 ing such term has under section 102(6) of the

5 Controlled Substances Act (21 U.S.C. 802(6)).

6 ‘‘(C) ‘Motor vehicle’ means a vehicle driven

7 or drawn by mechanical power and manufac8 tured primarily for use on public streets, roads,

9 and highways, but does not include a vehicle op10 erated only on a rail line.

11 ‘‘(D) ‘Open alcoholic beverage container’

12 means any bottle, can, or other receptacle—

13 ‘‘(i) which contains any amount of an

14 alcoholic beverage; and

15 ‘‘(ii)(I) which is open or has a broken

16 seal, or

17 ‘‘(II) the contents of which are par18 tially removed.

19 ‘‘(m) OCCUPANT PROTECTION: BASIC GRANT ELIGI20 BILITY.—The Secretary shall make basic grants to those

21 States that adopt and implement effective programs to re22 duce highway deaths and injuries resulting from persons

23 riding unrestrained or improperly restrained in motor ve24 hicles. A State may establish its eligibility for one or both
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1 of the grants by adopting or demonstrating the following

2 to the satisfaction of the Secretary:

3 ‘‘(1) BASIC GRANT A.—At least 4 of the follow4 ing:

5 ‘‘(A) SAFETY BELT USE LAW FOR ALL

6 FRONT SEAT PASSENGERS.—The State has in

7 effect a safety belt use law that makes unlawful

8 throughout the State the operation of a pas9 senger motor vehicle whenever a person in the

10 front seat of the vehicle (other than a child who

11 is secured in a child restraint system) does not

12 have a safety belt properly secured about the

13 person’s body.

14 ‘‘(B) PRIMARY SAFETY BELT USE LAW OR

15 PENALTY POINTS.—The State provides for pri16 mary enforcement of its safety belt use law or

17 provides for the imposition of penalty points

18 against a person’s driver’s license for a violation

19 of its safety belt use law.

20 ‘‘(C) CHILD PASSENGER PROTECTION

21 LAW.—The State has in effect a law that re22 quires any child up to 4 years of age who is

23 riding in a passenger motor vehicle to be prop24 erly secured in a child safety seat.
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1 ‘‘(D) MINIMUM FINES.—The State re2 quires a minimum fine of at least $25 for viola3 tions of its safety belt use law and a minimum

4 fine of at least $25 for violations of its child

5 passenger protection law.

6 ‘‘(E) SPECIAL TRAFFIC ENFORCEMENT

7 PROGRAM.—The State demonstrates implemen8 tation of a statewide Special Traffic Enforce9 ment Program for occupant protection that em10 phasizes publicity for the program.

11 ‘‘(2) BASIC GRANT B.—Both of the following:

12 ‘‘(A) STATE SAFETY BELT USE RATE.—

13 The State demonstrates a statewide safety belt

14 use rate in both front outboard seating posi15 tions in all passenger motor vehicles of 80 per16 cent or higher in each of the first three years

17 a grant under this paragraph is received, and of

18 85 percent or higher in each of the fourth, fifth,

19 and sixth years a grant under this paragraph is

20 received.

21 ‘‘(B) SURVEY METHOD.—The State follows

22 safety belt use survey methods which conform

23 to guidelines issued by the Secretary ensuring

24 that such measurements are accurate and rep25 resentative.
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1 ‘‘(3) BASIC GRANT AMOUNT.—The amount of

2 each basic grant for which a State qualifies under

3 this subsection for any fiscal year shall equal up to

4 20 percent of the amount apportioned to the State

5 for fiscal year 1997 under section 402 of this title.

6 ‘‘(4) OCCUPANT PROTECTION PROGRAM: SUP7 PLEMENTAL GRANTS.—During the period in which a

8 State is eligible for a basic grant under this sub9 section, the State shall be eligible to receive a sup10 plemental grant in a fiscal year of up to 5 percent

11 of the amount apportioned to the State in fiscal year

12 1997 under section 402 of this title. The State may

13 receive a separate supplemental grant for meeting

14 each of the following criteria:

15 ‘‘(A) PENALTY POINTS AGAINST A DRIV16 ER’S LICENSE FOR VIOLATIONS OF CHILD PAS17 SENGER PROTECTION REQUIREMENTS.—The

18 State has in effect a law that requires the impo19 sition of penalty points against a driver’s li20 cense for violations of child passenger protec21 tion requirements.

22 ‘‘(B) ELIMINATION OF NON-MEDICAL EX23 EMPTIONS TO SAFETY BELT AND CHILD PAS24 SENGER PROTECTION LAWS.—The State has in
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1 effect safety belt and child passenger protection

2 laws that contain no nonmedical exemptions.

3 ‘‘(C) CHILD OCCUPANT PROTECTION EDU4 CATION PROGRAM.—The State demonstrates

5 implementation of a statewide comprehensive

6 child occupant protection education program

7 that includes education about proper seating

8 positions for children in air bag equipped motor

9 vehicles and instruction on how to reduce the

10 improper use of child restraints systems.

11 ‘‘(D) OPEN BED LAWS.—The State has in

12 effect a law that prohibits persons from riding

13 in the open bed of a pickup truck.

14 ‘‘(E) SAFETY BELT USE IN REAR SEATS.—

15 The State has in effect a law that requires safe16 ty belt use by all rear-seat passengers in all

17 passenger motor vehicles with a rear seat.

18 ‘‘(5) DEFINITIONS.—As used in this sub19 section—

20 ‘‘(A) ‘Child safety seat’ means any device

21 except safety belts, designed for use in a motor

22 vehicle to restrain, seat, or position children

23 who weigh 50 pounds or less.

24 ‘‘(B) ‘Motor vehicle’ means a vehicle driven

25 or drawn by mechanical power and manufac-
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1 tured primarily for use on public streets, roads,

2 and highways, but does not include a vehicle op3 erated only on a rail line.

4 ‘‘(C) ‘Multipurpose passenger vehicle’

5 means a motor vehicle with motive power (ex6 cept a trailer), designed to carry not more than

7 10 individuals, that is constructed either on a

8 truck chassis or with special features for occa9 sional off-road operation.

10 ‘‘(D) ‘Passenger car’ means a motor vehi11 cle with motive power (except a multipurpose

12 passenger vehicle, motorcycle, or trailer) de13 signed to carry not more than 10 individuals.

14 ‘‘(E) ‘Passenger motor vehicle’ means a

15 passenger car or a multipurpose passenger

16 motor vehicle.

17 ‘‘(F) ‘Safety belt’ means—

18 ‘‘(i) with respect to open-body pas19 senger vehicles, including convertibles, an

20 occupant restraint system consisting of a

21 lap belt or a lap belt and a detachable

22 shoulder belt; and

23 ‘‘(ii) with respect to other passenger

24 vehicles, an occupant restraint system con25 sisting of integrated lap and shoulder belts.
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1 ‘‘(n) STATE HIGHWAY SAFETY DATA IMPROVE2 MENTS.—The Secretary shall make a grant to a State that

3 takes effective actions to improve the timeliness, accuracy,

4 completeness, uniformity, and accessibility of the State’s

5 data needed to identify priorities within State and local

6 highway and traffic safety programs, to evaluate the effec7 tiveness of such efforts, and to link these State data sys8 tems, including traffic records, together and with other

9 data systems within the State, such as systems that con10 tain medical and economic data:

11 ‘‘(1) FIRST-YEAR GRANT ELIGIBILITY.—A State

12 is eligible for a first-year grant under this subsection

13 in a fiscal year if such State either:

14 ‘‘(A) Demonstrates, to the satisfaction of

15 the Secretary, that it has—

16 ‘‘(i) established a Highway Safety

17 Data and Traffic Records Coordinating

18 Committee with a multi-disciplinary mem19 bership including the administrators, col20 lectors, and users of such data (including

21 the public health, injury control, and motor

22 carrier communities) of highway safety and

23 traffic records databases;

24 ‘‘(ii) completed within the preceding 5

25 years a highway safety data and traffic
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1 records assessment or audit of its highway

2 safety data and traffic records system; and

3 ‘‘(iii) initiated the development of a

4 multi-year highway safety data and traffic

5 records strategic plan to be approved by

6 the Highway Safety Data and Traffic

7 Records Coordinating Committee that

8 identifies and prioritizes its highway safety

9 data and traffic records needs and goals,

10 and that identifies performance-based

11 measures by which progress toward those

12 goals will be determined; or

13 ‘‘(B) Provides, to the satisfaction of the

14 Secretary—

15 ‘‘(i) certification that it has met the

16 provisions outlined in clauses (A)(i) and

17 (A)(ii) of subparagraph (A) of this para18 graph;

19 ‘‘(ii) a multi-year plan that identifies

20 and prioritizes the State’s highway safety

21 data and traffic records needs and goals,

22 that specifies how its incentive funds for

23 the fiscal year will be used to address those

24 needs and the goals of the plan, and that

25 identifies performance-based measures by
26

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1 which progress toward those goals will be

2 determined; and

3 ‘‘(iii) certification that the Highway

4 Safety Data and Traffic Records Coordi5 nating Committee continues to operate and

6 supports the multi-year plan described in

7 clause (B)(ii) of this subparagraph.

8 ‘‘(2) FIRST-YEAR GRANT AMOUNT.—The

9 amount of a first-year grant made for State highway

10 safety data and traffic records improvements for any

11 fiscal year to any State eligible for such a grant

12 under subparagraph (1)(A) of paragraph (A) of this

13 subsection shall equal $125,000, subject to the avail14 ability of appropriations, and for any State eligible

15 for such a grant under subparagraph (1)(B) of this

16 subsection shall equal a proportional amount of the

17 amount apportioned to the State for fiscal year 1997

18 under section 402 of this title, except that no State

19 shall receive less than $225,000, subject to the avail20 ability of appropriations.

21 ‘‘(3) STATE HIGHWAY SAFETY DATA AND TRAF22 FIC RECORDS IMPROVEMENTS: SUCCEEDING-YEAR

23 GRANTS.—A State shall be eligible for a grant in

24 any fiscal year succeeding the first fiscal year in

25 which the State receives a State highway safety data
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1 and traffic records grant if the State, to the satis2 faction of the Secretary:

3 ‘‘(A) Submits or updates a multi-year plan

4 that identifies and prioritizes the State’s high5 way safety data and traffic records needs and

6 goals, that specifies how its incentive funds for

7 the fiscal year will be used to address those

8 needs and the goals of the plan, and that iden9 tifies performance-based measures by which

10 progress toward those goals will be determined;

11 ‘‘(B) Certifies that its Highway Safety

12 Data and Traffic Records Coordinating Com13 mittee continues to support the multi-year plan;

14 and

15 ‘‘(C) Reports annually on its progress in

16 implementing the multi-year plan.

17 ‘‘(4) SUCCEEDING-YEAR GRANT AMOUNTS.—

18 The amount of a succeeding-year grant made for

19 State highway safety data and traffic records im20 provements for any fiscal year to any State that is

21 eligible for such a grant shall equal a proportional

22 amount of the amount apportioned to the State for

23 fiscal year 1997 under section 402 of this title, ex24 cept that no State shall receive less than $225,000,

25 subject to the availability of appropriations.
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1 ‘‘(o) DRUGGED DRIVING COUNTERMEASURES.—The

2 Secretary shall make grants to those States that adopt

3 and implement effective programs to reduce drug use and

4 drugged driving:

5 ‘‘(1) GRANT ELIGIBILITY.—A State is eligible

6 for a grant under this subsection in a fiscal year by

7 meeting, to the satisfaction of the Secretary, 5 or

8 more of the following criteria:

9 ‘‘(A) ZERO TOLERANCE FOR DRUGS.—The

10 State has in effect a law that requires that any

11 person with a measurable amount of a con12 trolled substance, a combination of controlled

13 substances, or a combination of alcohol and

14 controlled substances when driving a motor ve15 hicle shall be deemed to be driving under the

16 influence of or impaired by a controlled sub17 stance.

18 ‘‘(B) DRUG IMPAIRED DRIVING.—The

19 State has in effect a law that makes it unlawful

20 for any person to drive or be in actual physical

21 control of a motor vehicle while under the influ22 ence of or impaired by a drug or substance

23 (licit or illicit).

24 ‘‘(C) MANDATORY TESTING FOR DRUGS OR

25 SUBSTANCES.—The State has in effect a law
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1 that provides for mandatory chemical testing

2 whenever a law enforcement officer has prob3 able cause under State law to believe that a

4 driver of a motor vehicle involved in a crash re5 sulting in the loss of human life or, as deter6 mined by the Secretary, serious bodily injury,

7 has committed a drug or substance-related traf8 fic offense.

9 ‘‘(D) ADMINISTRATIVE LICENSE REVOCA10 TION.—The State has in effect an administra11 tive driver’s license suspension or revocation

12 system for persons who operate motor vehicles

13 while under the influence of a drug or sub14 stance which requires that—

15 ‘‘(i) in the case of a person who, in

16 any 5-year period beginning after the date

17 of enactment of this subsection, is deter18 mined on the basis of one or more chemical

19 tests to have been operating a motor vehi20 cle under the influence of a drug or sub21 stance or is determined to have refused to

22 submit to such a test as requested by the

23 law enforcement officer, the State agency

24 responsible for administering drivers’ li-
30

•S 1267 IS

1 censes, upon receipt the report of the law

2 enforcement officer—

3 ‘‘(I) shall suspend the driver’s li4 cense of such person for a period of

5 not less than 90 days if such person

6 is a first offender in such 5-year pe7 riod; and

8 ‘‘(II) shall suspend the driver’s li9 cense of such person for a period of

10 not less than 1 year, or revoke such li11 cense, if such person is a repeat of12 fender in such 5-year period; and

13 ‘‘(ii) the suspension and revocation re14 ferred to under (D)(i) shall take effect not

15 later than 30 days after the day on which

16 the person was determined to have been

17 driving under the influence of drugs or re18 fused to take a chemical test in accordance

19 with the State’s procedures.

20 ‘‘(E) LICENSE REVOCATION OR SUSPEN21 SION OF PERSONS CONVICTED OF DRUG OF22 FENSES.—The State has in effect a law that re23 quires in all circumstances, or requires in the

24 absence of compelling circumstances warranting

25 an exception—
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1 ‘‘(i) the revocation, or suspension for

2 at least 6 months, of the driver’s license of

3 any person who is convicted, after the en4 actment of such law, of—

5 ‘‘(I) any violation of the Con6 trolled Substances Act, or

7 ‘‘(II) any drug offense; and

8 ‘‘(ii) a delay in the issuance or rein9 statement of a driver’s license to such a

10 person for at least 6 months after the per11 son applies for the issuance or reinstate12 ment of a driver’s license if the person

13 does not have a driver’s license, or the

14 driver’s license of the person is suspended,

15 at the time the person is so convicted.

16 ‘‘(F) GRADUATED LICENSING.—The State

17 has adopted an effective three-stage graduated

18 licensing system for young drivers, as deter19 mined by the Secretary, that includes drug use

20 and drugged driving provisions.

21 ‘‘(G) ACTIVE ENFORCEMENT AND PUBLIC22 ITY.—The State provides for active enforcement

23 and publicity, as determined by the Secretary,

24 of drugged driving laws.
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1 ‘‘(H) DRUG INTERVENTION.—The State

2 has in effect a system that provides for an as3 sessment of persons determined to have been

4 operating a motor vehicle under the influence

5 of or impaired by a drug or controlled sub6 stance, as determined by the Secretary, and re7 ferral to drug education, counseling, and treat8 ment, as appropriate.

9 ‘‘(I) DRUG EDUCATION.—The State has

10 adopted an effective educational program, as

11 determined by the Secretary, under which drug

12 information is provided to persons who apply

13 for and who renew their driver’s licenses, and

14 drug-related questions are included on drivers’

15 license examinations.

16 ‘‘(2) GRANT AMOUNT.—The amount of a grant

17 made for drugged driving countermeasures for any

18 fiscal year to any eligible State shall not be more

19 than 20 percent of the amount apportioned to the

20 State for fiscal year 1997 under section 402 of this

21 title.

22 ‘‘(3) DEFINITIONS.—For the purposes of this

23 subsection—

24 ‘‘(A) ‘Alcoholic beverage’ has the meaning

25 such term has under section 158(c) of this title.
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1 ‘‘(B) ‘Controlled substances’ has the mean2 ing such term has under section 102(6) of the

3 Controlled Substances Act (21 U.S.C. 802(6)).

4 ‘‘(C) ‘Motor vehicle’ means a vehicle driven

5 or drawn by mechanical power and manufac6 tured primarily for use on public streets, roads,

7 and highways, but does not include a vehicle op8 erated only on a rail line.’’.

9 (g) CONFORMING AMENDMENT.—Section 410 of

10 chapter 4 of this title is repealed, and the analysis for

11 chapter 4 of this title is amended by striking the item re12 lating to Section 410.

13 SEC. 102. NATIONAL DRIVER REGISTER.

14 (a) TRANSFER OF SELECTED FUNCTIONS TO NON15 FEDERAL MANAGEMENT.—Section 30302 of title 49,

16 United States Code, is amended by adding at the end

17 thereof the following:

18 ‘‘(e) TRANSFER OF SELECTED FUNCTIONS TO NON19 FEDERAL MANAGEMENT.—(1) The Secretary may enter

20 into an agreement with an organization that represents

21 the interests of the States to manage, administer, and op22 erate the National Driver Register’s computer timeshare

23 and user assistance functions. If the Secretary decides to

24 enter into such an agreement, the Secretary shall ensure

25 that the management of these functions is compatible with
34

•S 1267 IS

1 this chapter and the regulations issued to implement this

2 chapter.

3 ‘‘(2) Any transfer of the National Driver Register’s

4 computer timeshare and user assistance functions to an

5 organization that represents the interests of the States

6 shall begin only after a determination is made by the Sec7 retary that all States are participating in the National

8 Driver Register’s ‘Problem Driver Pointer System’ (the

9 system used by the Register to effect the exchange of

10 motor vehicle driving records), and that the system is

11 functioning properly.

12 ‘‘(3) The agreement entered into under this sub13 section shall include a provision for a transition period suf14 ficient to allow the States to make the budgetary and leg15 islative changes they may need to pay fees charged by the

16 organization representing their interests for their use of

17 the National Driver Register’s computer timeshare and

18 user assistance functions. During this transition period,

19 the Secretary (through the National Highway Traffic

20 Safety Administration) shall continue to fund these trans21 ferred functions.

22 ‘‘(4) The total of the fees charged by the organization

23 representing the interests of the States in any fiscal year

24 for the use of the National Driver Register’s computer

25 timeshare and user assistance functions shall not exceed
35

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1 the total cost to the organization for performing these

2 functions in such fiscal year.

3 ‘‘(5) Nothing in this subsection shall be construed to

4 diminish, limit, or otherwise affect the authority of the

5 Secretary to carry out this chapter.’’.

6 (b) ACCESS TO REGISTER INFORMATION.—

7 (1) CONFORMING AMENDMENTS.—Section

8 30305(b) of title 49, United States Code, is amend9 ed—

10 (A) in paragraph (2), by inserting before

11 the period at the end ‘‘, unless the information

12 is about a revocation or suspension still in ef13 fect on the date of the request’’;

14 (B) In paragraph (8), as redesignated by

15 section 207(b) of the Coast Guard Authoriza16 tion Act of 1996 (Public Law 104–324, 110

17 Stat. 3908), by striking ‘‘paragraph (2)’’ and

18 substituting ‘‘subsection (a) of this section’’;

19 and

20 (C) by redesignating paragraph (8), as re21 designated by section 502(b)(1) of the Federal

22 Aviation Reauthorization Act of 1996 (Public

23 Law 104–264, 110 Stat. 3262), as paragraph

24 (9).
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1 (2) FEDERAL AGENCY ACCESS PROVISION.—

2 Section 30305(b) of title 49, United States Code, is

3 further amended by—

4 (A) redesignating paragraph (6) as para5 graph (10) and inserting it after paragraph (9);

6 (B) inserting the following new paragraph

7 (6):

8 ‘‘(6) The head of a Federal department or

9 agency that issues motor vehicle operator’s licenses

10 may request the chief driver licensing official of a

11 State to obtain information under subsection (a) of

12 this section about an individual applicant for a

13 motor vehicle operator’s license from such depart14 ment or agency. The department or agency may re15 ceive the information, provided it transmits to the

16 Secretary a report regarding any individual who is

17 denied a motor vehicle operator’s license by that de18 partment or agency for cause; whose motor vehicle

19 operator’s license is revoked, suspended or canceled

20 by that department or agency for cause; or about

21 whom the department or agency has been notified

22 of a conviction of any of the motor vehicle-related

23 offenses or comparable offenses listed in subsection

24 30304(a)(3) and over whom the department or agen25 cy has licensing authority. The report shall contain
37

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1 the information specified in subsection 30304(b).’’;

2 and

3 (C) inserting the following at the end of

4 the subsection:

5 ‘‘(11) The head of a Federal department or

6 agency authorized to receive information regarding

7 an individual from the Register under this section

8 may request and receive such information from the

9 Secretary.’’.

10 SEC. 103. AUTHORIZATIONS OF APPROPRIATIONS.

11 (a) HIGHWAY SAFETY PROGRAMS.—The following

12 sums are authorized to be appropriated out of the High13 way Trust Fund (other than the Mass Transit Account):

14 (1) CONSOLIDATED STATE HIGHWAY SAFETY

15 PROGRAMS.—

16 (A) For carrying out the State and Com17 munity Highway Safety Program under section

18 402 of title 23, United States Code, by the Na19 tional Highway Traffic Safety Administration,

20 except for the incentive programs under sub21 sections (l), (m), (n), and (o) of that section—

22 (i) $116,370,000 for fiscal year 1998;

23 (ii) $121,838,000 for fiscal year 1999;

24 (iii) $125,125,000 for fiscal year

25 2000;
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•S 1267 IS

1 (iv) $128,505,000 for fiscal year

2 2001;

3 (v) $131,809,000 for fiscal year 2002;

4 and

5 (vi) $139,732,000 for fiscal year

6 2003.

7 (B) To carry out the alcohol-impaired driv8 ing countermeasures incentive grant provisions

9 of subsection (l) of section 402 of title 23, Unit10 ed States Code, by the National Highway Traf11 fic Safety Administration—

12 (i) $30,570,000 for fiscal year 1998;

13 (ii) $28,500,000 for fiscal year 1999;

14 (iii) $29,273,000 for fiscal year 2000;

15 (iv) $30,065,000 for fiscal year 2001;

16 (v) $38,743,000 for fiscal year 2002;

17 and

18 (vi) $39,815,000 for fiscal year 2003.

19 Amounts made available to carry out subsection

20 (l) are authorized to remain available until ex21 pended, provided that, in each fiscal year the

22 Secretary may reallocate any amounts remain23 ing available under subsection (l) to subsections

24 (m), (n), and (o) of section 402 of title 23,

25 United States Code, as necessary to ensure, to
39

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1 the maximum extent possible, that States may

2 receive the maximum incentive funding for

3 which they are eligible under these programs.

4 (C) To carry out the occupant protection

5 program incentive grant provisions of sub6 section (m) of section 402 of title 23, United

7 States Code, by the National Highway Traffic

8 Safety Administration—

9 (i) $13,950,000 for fiscal year 1998;

10 (ii) $14,618,000 for fiscal year 1999;

11 (iii) $15,012,000 for fiscal year 2000;

12 (iv) $15,418,000 for fiscal year 2001;

13 (v) $17,640,000 for fiscal year 2002;

14 and

15 (vi) $17,706,000 for fiscal year 2003.

16 Amounts made available to carry out subsection

17 (m) are authorized to remain available until ex18 pended, provided that, in each fiscal year the

19 Secretary may reallocate any amounts remain20 ing available under subsection (m) to sub21 sections (l), (n), and (o) of section 402 of title

22 23, United States Code, as necessary to ensure,

23 to the maximum extent possible, that States

24 may receive the maximum incentive funding for

25 which they are eligible under these programs.
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•S 1267 IS

1 (D) To carry out the State highway safety

2 data improvements incentive grant provisions of

3 subsection (n) of title 23, United States Code,

4 by the National Highway Traffic Safety Admin5 istration—

6 (i) $8,370,000 for fiscal year 1998;

7 (ii) $8,770,000 for fiscal year 1999;

8 (iii) $9,007,000 for fiscal year 2000;

9 and

10 (iv) $9,250,000 for fiscal year 2001.

11 Amounts made available to carry out subsection

12 (n) are authorized to remain available until ex13 pended.

14 (E) To carry out the drugged driving coun15 termeasures incentive grant provisions of sec16 tion 402(o) of title 23, United States Code, by

17 the National Highway Traffic Safety Adminis18 tration—

19 (i) $3,488,000 for fiscal year 1998;

20 (ii) $3,654,000 for fiscal year 1999;

21 (iii) $3,752,000 for fiscal year 2000;

22 (iv) $3,850,000 for fiscal year 2001;

23 (v) $3,950,000 for fiscal year 2002;

24 and

25 (vi) $4,071,000 for fiscal year 2003.
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1 Amounts made available to carry out sub2 section (o) are authorized to remain available

3 until expended, provided that, in each fiscal

4 year the Secretary may reallocate any amounts

5 remaining available under subsection (o) to sub6 sections (l), (m), and (n) of section 402 of title

7 23, United States Code, as necessary to ensure,

8 to the maximum extent possible, that States

9 may receive the maximum incentive funding for

10 which they are eligible under these programs.

11 (2) NATIONAL DRIVER REGISTER.—For carry12 ing out chapter 303 (National Driver Register) of

13 title 49, United States Code, by the National High14 way Traffic Safety Administration—

15 (i) $1,605,000 for fiscal year 1998;

16 (ii) $1,680,000 for fiscal year 1999;

17 (iii) $1,726,000 for fiscal year 2000;

18 (iv) $1,772,000 for fiscal year 2001;

19 (v) $1,817,000 for fiscal year 2002;

20 and

21 (vi) $1,872,000 for fiscal year 2003.
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1 TITLE II—TRAFFIC SAFETY

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

3 Section 402 of title 23, United States Code, is

4 amended by adding at the end the following new sub5 section:

6 ‘‘(p) TRANSFER OF FUNDS AND PERFORMANCE OP7 TION: PRIMARY SAFETY BELT USE.—

8 ‘‘(1) TRANSFER.—

9 ‘‘(A) FISCAL YEAR 2002.—If, by the last

10 day of fiscal year 2002, a State has not enacted

11 and had in continuous effect a primary enforce12 ment safety belt use law described in subsection

(m), the Secretary shall transfer 11 13 ⁄2 percent of

14 the funds apportioned to the State for fiscal

15 year 2003 under each of paragraphs (1), (3),

16 and (5)(B) of section 104(b) of this title to the

17 apportionment of the State under section 402

18 of this title. These transferred funds may be

19 used only for occupant protection programs.

20 ‘‘(B) THEREAFTER.—If, by the last day of

21 any fiscal year beginning after September 30,

22 2002, a State has not enacted and had in con23 tinuous effect a primary enforcement safety belt

24 use law described in subsection (m), the Sec25 retary shall transfer 3 percent of the funds ap-
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1 portioned to the State for the succeeding fiscal

2 year under each of paragraphs (1), (3), and

3 (5)(B) of section 104(b) of this title to the ap4 portionment of the State under section 402 of

5 this title. These transferred funds may be used

6 only for occupant protection programs.

7 ‘‘(2) FEDERAL SHARE.—The Federal share of

8 the cost of any project carried out under section 402

9 of this title with funds transferred to the apportion10 ment of section 402 shall be 100 percent.

11 ‘‘(3) TRANSFER OF OBLIGATION AUTHORITY.—

12 If the Secretary transfers under this subsection any

13 funds to the apportionment of a State under section

14 402 of this title for a fiscal year, the Secretary shall

15 allocate an amount of obligation authority distrib16 uted for such fiscal year to the State for Federal17 aid highways and highway construction programs for

18 carrying out only projects under section 402, which

19 is determined by multiplying—

20 ‘‘(A) the amount of funds transferred to

21 the apportionment of section 402 of the State

22 under section 402 for such fiscal year, by

23 ‘‘(B) the ratio of the amount of obligation

24 authority distributed for such fiscal year to the

25 State for its Federal-aid highways and highway
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1 construction programs to the total of the sums

2 apportioned to the State for its Federal-aid

3 highways and highway construction programs

4 (excluding sums not subject to any obligation

5 limitation) for such fiscal year.

6 ‘‘(4) LIMITATION ON APPLICABILITY OF HIGH7 WAY SAFETY OBLIGATIONS.—Notwithstanding any

8 other provision of law, no limitation on the total of

9 obligations for highway safety programs under sec10 tion 402 of this title shall apply to funds transferred

11 under this subsection to the State apportionment of

12 section 402.

13 ‘‘(5) PERFORMANCE OPTION.—Paragraph (1)

14 of this subsection shall not apply to a State in a fis15 cal year beginning after September 30, 2002, if the

16 Secretary certifies before each such fiscal year that

17 the State has a statewide safety belt use rate of 85

18 percent or higher in both front outboard seating po19 sitions in all passenger motor vehicles, as defined in

20 subsection (m) of this section. The State shall docu21 ment its safety belt use rate by conducting an an22 nual survey that conforms to guidelines issued by

23 the Secretary ensuring that measurements are accu24 rate and representative. The Secretary shall use this

25 survey and may use additional surveys or other rel-
45

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1 evant information as necessary in deciding whether

2 to certify that the State’s safety belt use rate is 85

3 percent or higher.

4 ‘‘(6) DEFINITION.—For the purposes of this

5 subsection, the term ‘safety belt’ means—

6 ‘‘(A) with respect to open-body passenger

7 vehicles, including convertibles, an occupant re8 straint system, consisting of a lap belt or a lap

9 belt and a detachable shoulder belt; and

10 ‘‘(B) with respect to other passenger vehi11 cles, an occupant restraint system consisting of

12 integrated lap shoulder belts.’’.

13 SEC. 202. AMENDMENTS TO CHAPTER 301 (MOTOR VEHICLE

14 SAFETY).

15 (a) IN GENERAL.—Chapter 301 is amended by add16 ing at the end the following new section:

17 ‘‘§ 30148. International motor vehicle safety outreach

18 ‘‘(a) ACTIVITIES.—The Secretary is authorized, in

19 consultation with the Secretaries of State and Commerce

20 where appropriate, to engage in activities that improve

21 worldwide motor vehicle safety through appropriate activi22 ties. Such activities may include—

23 ‘‘(1) promoting the adoption of international

24 and national vehicle standards that are harmonized
46

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1 with, functionally equivalent to, or compatible with

2 United States vehicle standards;

3 ‘‘(2) participating in efforts to foster an inter4 national acceptance of globally harmonized and/or

5 functionally equivalent or compatible motor vehicle

6 regulations and standards to otherwise improve

7 international highway and motor vehicle safety;

8 ‘‘(3) promoting international cooperative pro9 grams for conducting research, development, dem10 onstration projects, training, and other forms of

11 technology transfer and exchange, including safety

12 conferences, seminars, and/or expositions to enhance

13 international motor vehicle safety; and

14 ‘‘(4) providing technical assistance to other

15 countries relating to their adoption of United States

16 vehicle regulations or standards functionally equiva17 lent to United States vehicle standards.

18 ‘‘(b) COOPERATION.—The Secretary may carry out

19 the authority granted by this section, in cooperation with

20 appropriate United States government agencies, any State

21 or local agency, and any authority, association, institution,

22 corporation (profit or nonprofit), foreign government, mul23 tinational institution, or any other organization or person.

24 ‘‘(c) CONSIDERATION.—When engaging in activities

25 to improve worldwide motor vehicle safety, the Secretary
47

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1 shall ensure that these activities maintain or improve the

2 level of safety of motor vehicles and motor vehicle equip3 ment sold in the United States.’’

4 (b) CONFORMING AMENDMENT.—The chapter analy5 sis for chapter 301 is amended by adding at the end there6 of the following:

‘‘30148. International motor vehicle safety outreach.’’.

7 TITLE III—HAZARDOUS MATE8 RIALS TRANSPORTATION RE9 AUTHORIZATION

10 SEC. 301. FINDINGS AND PURPOSES; DEFINITIONS.

11 (a) FINDINGS AND PURPOSES.—Section 5101 is

12 amended to read as follows:

13 ‘‘§ 5101. Findings and purposes

14 ‘‘(a) FINDINGS.—The Congress finds with respect to

15 hazardous materials transportation that—

16 ‘‘(1) approximately 4 billion tons of regulated

17 hazardous materials are transported each year and

18 that approximately 500,000 movements of hazardous

19 materials occur each day, according to the Depart20 ment of Transportation estimates;

21 ‘‘(2) accidents involving the release of hazard22 ous materials are a serious threat to public health

23 and safety;

24 ‘‘(3) many States and localities have enacted

25 laws and regulations that vary from Federal laws
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1 and regulations pertaining to the transportation of

2 hazardous materials, thereby creating the potential

3 for unreasonable hazards in other jurisdictions and

4 confounding shippers and carriers that attempt to

5 comply with multiple and conflicting registration,

6 permitting, routings, notification, loading, unloading,

7 incidental storage, and other regulatory require8 ments;

9 ‘‘(4) because of the potential risks to life, prop10 erty, and the environment posed by unintentional re11 leases of hazardous materials, consistency in laws

12 and regulations governing the transportation of haz13 ardous materials, including loading, unloading, and

14 incidental storage, is necessary and desirable;

15 ‘‘(5) in order to achieve greater uniformity and

16 to promote the public health, welfare, and safety at

17 all levels, Federal standards for regulating the trans18 portation of hazardous materials in intrastate, inter19 state, and foreign commerce are necessary and desir20 able;

21 ‘‘(6) in order to provide reasonable, adequate,

22 and cost-effective protection from the risks posed by

23 the transportation of hazardous materials, a network

24 of adequately trained State and local emergency re25 sponse personnel is required;
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1 ‘‘(7) the movement of hazardous materials in

2 commerce is necessary and desirable to maintain

3 economic vitality and meet consumer demands, and

4 shall be conducted in a safe and efficient manner;

5 and

6 ‘‘(8) primary authority for the regulation of

7 such transportation should be consolidated in the

8 Department of Transportation to ensure the safe

9 and efficient movement of hazardous materials in

10 commerce.

11 ‘‘(b) PURPOSES.—The purposes of this chapter are—

12 ‘‘(1) to ensure the safe and efficient transpor13 tation of hazardous materials in intrastate, inter14 state, and foreign commerce, including the loading,

15 unloading, and incidental storage of hazardous ma16 terial;

17 ‘‘(2) to provide the Secretary with preemption

18 authority to achieve uniform regulation of hazardous

19 material transportation, to eliminate inconsistent

20 rules that apply differently from Federal rules, to

21 ensure efficient movement of hazardous materials in

22 commerce, and to promote the national health, wel23 fare, and safety; and

24 ‘‘(3) to provide adequate training for public sec25 tor emergency response teams to ensure safe re-
50

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1 sponses to hazardous material transportation acci2 dents and incidents.’’.

3 (b) DEFINITIONS.—Section 5102 is amended—

4 (1) by striking paragraph (1) and inserting the

5 following:

6 ‘‘(1) ‘commerce’ means trade or transportation

7 in the jurisdiction of the United States—

8 ‘‘(A) between a place in a State and a

9 place outside of the State;

10 ‘‘(B) that affects trade or transportation

11 between a place in a State and a place outside

12 of the State; or

13 ‘‘(C) on a United States-registered air14 craft.’’;

15 (2) by striking paragraphs (3) and (4) and in16 serting the following:

17 ‘‘(3) ‘hazmat employee’ means an individual

18 who—

19 ‘‘(A) is—

20 ‘‘(i) employed by a hazmat employer,

21 ‘‘(ii) self-employed, or

22 ‘‘(iii) an owner-operator of a motor

23 vehicle; and

24 ‘‘(B) during the course of employment—
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1 ‘‘(i) loads, unloads, or handles hazard2 ous material;

3 ‘‘(ii) manufactures, reconditions, or

4 tests containers, drums, or other

5 packagings represented as qualified for use

6 in transporting hazardous material;

7 ‘‘(iii) performs any function pertain8 ing to the offering of hazardous material

9 for transportation;

10 ‘‘(iv) is responsible for the safety of

11 transporting hazardous material; or

12 ‘‘(v) operates a vehicle used to trans13 port hazardous material.

14 ‘‘(4) ‘hazmat employer’ means a person who—

15 ‘‘(A) either—

16 ‘‘(i) is self-employed,

17 ‘‘(ii) is an owner-operator of a motor

18 vehicle, or

19 ‘‘(iii) has at least one employee; and

20 ‘‘(B) performs a function, or uses at least

21 one employee, in connection with—

22 ‘‘(i) transporting hazardous material

23 in commerce;

24 ‘‘(ii) causing hazardous material to be

25 transported in commerce, or
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1 ‘‘(iii) manufacturing, reconditioning,

2 or testing containers, drums, or other

3 packagings represented as qualified for use

4 in transporting hazardous material.’’;

5 (3) by striking ‘‘title. ’’ in paragraph (7) and

6 inserting ‘‘title, except that a freight forwarder is in7 cluded only if performing a function related to high8 way transportation’’;

9 (4) by redesignating paragraphs (9) through

10 (13) as paragraphs (12) through (16);

11 (5) by inserting after paragraph (8) the follow12 ing:

13 ‘‘(9) ‘out-of-service order’ means a mandate

14 that an aircraft, vessel, motor vehicle, train, other

15 vehicle, or a part of any of these, not be moved until

16 specified conditions have been met.

17 ‘‘(10) ‘package’ or ‘outside package’ means a

18 packaging plus its contents.

19 ‘‘(11) ‘packaging’ means a receptacle and any

20 other components or materials necessary for the re21 ceptacle to perform its containment function in con22 formance with the minimum packaging requirements

23 established by the Secretary of Transportation.’’;

24 and
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1 (6) by striking ‘‘or transporting hazardous ma2 terial to further a commercial enterprise;’’ in para3 graph 12(A), as redesignated by paragraph (4) of

4 this subsection, and inserting a comma and ‘‘trans5 porting hazardous material to further a commercial

6 enterprise, or manufacturing, reconditioning, or test7 ing containers, drums, or other packagings rep8 resented as qualified for use in transporting hazard9 ous material’’.

10 (c) CLERICAL AMENDMENT.—The chapter analysis

11 of chapter 51 is amended by striking the item relating to

12 section 5101 and inserting the following:

‘‘5101. Findings and purposes.’’.

13 SEC. 302. HANDLING CRITERIA REPEAL.

14 Section 5106 is repealed and the chapter analysis of

15 chapter 51 is amended by striking the item relating to

16 that section.

17 SEC. 303. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.

18 Section 5107(f)(2) is amended by striking ‘‘and sec19 tions 5106, 5108 (a)–(g)(1) and (h), and’’.

20 SEC. 304. REGISTRATION.

21 Section 5108 is amended by—

22 (1) by striking subsection (b)(1)(C) and insert23 ing the following:

24 ‘‘(C) each State in which the person car25 ries out any of the activities.’’;
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1 (2) by striking subsection (c) and inserting the

2 following:

3 ‘‘(c) FILING SCHEDULE.—Each person required to

4 file a registration statement under subsection (a) of this

5 section shall file that statement annually in accordance

6 with regulations issued by the Secretary.’’;

7 (3) by striking ‘‘552(f)’’ in subsection (f) and

8 inserting ‘‘552(b)’’;

9 (4) by striking ‘‘may’’ in subsection (g)(1) and

10 inserting ‘‘shall’’; and

11 (5) by inserting ‘‘or an Indian tribe,’’ in sub12 section (i)(2)(B) after ‘‘State,’’.

13 SEC. 305. SHIPPING PAPER RETENTION.

14 Section 5110(e) is amended by striking the first sen15 tence and inserting ‘‘After expiration of the requirement

16 in subsection (c) of this section, the person who provided

17 the shipping paper and the carrier required to maintain

18 it under subsection (a) of this section shall retain the

19 paper or an electronic image thereof, for a period of 1

20 year after the shipping paper was provided to the carrier,

21 to be accessible through their respective principal places

22 of business.’’.
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1 SEC. 306. UNSATISFACTORY SAFETY RATING.

2 Section 5113(d) is amended by striking ‘‘Secretary,

3 in consultation with the Interstate Commerce Commis4 sion,’’ and inserting ‘‘Secretary’’.

5 SEC. 307. PUBLIC SECTOR TRAINING CURRICULUM.

6 Section 5115 is amended by—

7 (1) by striking ‘‘DEVELOPMENT AND UPDAT8 ING.—Not later than November 16, 1992, in’’ in

9 subsection (a) and inserting ‘‘UPDATING.—In’’;

10 (2) by striking ‘‘develop and’’ in the first sen11 tence of subsection (a);

12 (3) by striking the second sentence of sub13 section (a);

14 (4) by striking ‘‘developed’’ in the first sentence

15 of subsection (b);

16 (5) by inserting ‘‘or involving an alternative fuel

17 vehicle’’ after ‘‘material’’ in subparagraphs (A) and

18 (B) of subsection (b)(1); and

19 (6) by striking subsection (d) and inserting the

20 following:

21 ‘‘(d) DISTRIBUTION AND PUBLICATION.—With the

22 national response team, the Secretary of Transportation

23 may publish a list of programs that use a course developed

24 under this section for training public sector employees to

25 respond to an accident or incident involving the transpor26 tation of hazardous material.’’.
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1 SEC. 308. PLANNING AND TRAINING GRANTS.

2 Section 5116 is amended by—

3 (1) by striking ‘‘of’’ in the second sentence of

4 subsection (e) and inserting ‘‘received by’’;

5 (2) by striking subsection (f) and inserting the

6 following:

7 ‘‘(f) MONITORING AND TECHNICAL ASSISTANCE.—

8 The Secretary of Transportation shall monitor public sec9 tor emergency response planning and training for an acci10 dent or incident involving hazardous material. Considering

11 the results of the monitoring, the Secretary shall provide

12 technical assistance to a State, political subdivision of a

13 State, or Indian tribe for carrying out emergency response

14 training and planning for an accident or incident involving

15 hazardous material and shall coordinate the assistance

16 using the existing coordinating mechanisms of the Na17 tional Response Team for Oil and Hazardous Substances

18 and, for radioactive material, the Federal Radiological

19 Preparedness Coordinating Committee.’’; and

20 (3) by adding at the end thereof the following:

21 ‘‘(l) SMALL BUSINESSES.—The Secretary may

22 authorize a State or Indian tribe receiving a grant

23 under this section to use up to 25 percent of the

24 amount of the grant to assist small businesses in

25 complying with regulations issued under this chap26 ter.’’.
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1 SEC. 309. SPECIAL PERMITS AND EXCLUSIONS.

2 (a) Section 5117 is amended by—

3 (1) by striking the section caption and inserting

4 the following:

5 ‘‘§ 5117. Special permits and exclusions’’;

6 (2) by striking ‘‘exemption’’ each place it ap7 pears and inserting ‘‘special permit’’;

8 (3) by inserting ‘‘authorizing variances’’ after

9 ‘‘special permit’’ the first place it appears; and

10 (4) by striking ‘‘2’’ and inserting ‘‘4’’ in sub11 section (a)(2).

12 (b) The chapter analysis for chapter 51 is amended

13 by striking the item related to section 5117 and inserting

14 the following:

‘‘5117. Special permits and exclusions.’’.

15 SEC. 310. ADMINISTRATION.

16 (a) Section 5121 is amended by striking subsections

17 (a), (b), and (c) and redesignating subsections (d) and (e)

18 as subsections (a) and (b).

19 (b) Section 5122 is amended by redesignating sub20 sections (a), (b), and (c) as subsections (d), (e), and (f),

21 and by inserting before subsection (d), as redesignated,

22 the following:

23 ‘‘(a) GENERAL AUTHORITY.—To carry out this chap24 ter, the Secretary of Transportation may investigate,

25 make reports, issue subpenas, conduct hearings, require
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1 the production of records and property, take depositions,

2 and conduct research, development, demonstration, and

3 training activities. After notice and an opportunity for a

4 hearing, the Secretary may issue an order requiring com5 pliance with this chapter or a regulation prescribed under

6 this chapter.

7 ‘‘(b) RECORDS, REPORTS, AND INFORMATION.—A

8 person subject to this chapter shall—

9 ‘‘(1) maintain records, make reports, and pro10 vide information the Secretary by regulation or

11 order requires; and

12 ‘‘(2) make the records, reports, and information

13 available when the Secretary requests.

14 ‘‘(c) INSPECTION.—

15 ‘‘(1) The Secretary may authorize an officer,

16 employee, or agent to inspect, at a reasonable time

17 and in a reasonable way, records and property relat18 ed to—

19 ‘‘(A) manufacturing, fabricating, marking,

20 maintaining, reconditioning, repairing, testing,

21 or distributing a packaging or a container for

22 use by a person in transporting hazardous ma23 terial in commerce; or

24 ‘‘(B) the transportation of hazardous ma25 terial in commerce.
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1 ‘‘(2) An officer, employee, or agent under this

2 subsection shall display proper credentials when re3 quested.’’.

4 SEC. 311. COOPERATIVE AGREEMENTS.

5 Section 5121, as amended by section 310(a), is fur6 ther amended by adding at the end thereof the following:

7 ‘‘(c) AUTHORITY FOR COOPERATIVE AGREE8 MENTS.—To carry out this chapter, the Secretary may

9 enter into grants, cooperative agreements, and other

10 transactions with a person, agency or instrumentality of

11 the United States, a unit of State or local government,

12 an Indian tribe, a foreign government (in coordination

13 with the State Department), an educational institution, or

14 other entity to further the objectives of this chapter. The

15 objectives of this chapter include the conduct of research,

16 development, demonstration, risk assessment, emergency

17 response planning and training activities.’’.

18 SEC. 312. ENFORCEMENT.

19 Section 5122, as amended by section 310(b), is fur20 ther amended by—

21 (1) by inserting ‘‘inspect,’’ after ‘‘may’’ in the

22 first sentence of subsection (a);

23 (2) by striking the last sentence of subsection

24 (a) and inserting: ‘‘Except as provided in subsection

25 (e) of this section, the Secretary shall provide notice
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1 and an opportunity for a hearing prior to issuing an

2 order requiring compliance with this chapter or a

3 regulation, order, special permit, or approval issued

4 under this chapter.’’;

5 (2) by redesignating subsections (d), (e) and (f)

6 as subsections (f), (g) and (h), and inserting after

7 subsection (c) the following:

8 ‘‘(d) OTHER AUTHORITY.—

9 ‘‘(1) INSPECTION.—During inspections and in10 vestigations, officers, employees, or agents of the

11 Secretary may—

12 ‘‘(A) open and examine the contents of a

13 package offered for, or in, transportation

14 when—

15 ‘‘(i) the package is marked, labeled,

16 certified, placarded, or otherwise rep17 resented as containing a hazardous mate18 rial, or

19 ‘‘(ii) there is an objectively reasonable

20 and articulable belief that the package may

21 contain a hazardous material;

22 ‘‘(B) take a sample, sufficient for analysis,

23 of material marked or represented as a hazard24 ous material or for which there is an objectively

25 reasonable and articulable belief that the mate-
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1 rial may be a hazardous material, and analyze

2 that material;

3 ‘‘(C) when there is an objectively reason4 able and articulable belief that an imminent

5 hazard may exist, prevent the further transpor6 tation of the material until the hazardous quali7 ties of that material have been determined; and

8 ‘‘(D) when safety might otherwise be com9 promised, authorize properly qualified personnel

10 to conduct the examination, sampling, or analy11 sis of a material.

12 ‘‘(2) NOTIFICATION.—No package opened pur13 suant to this subsection shall continue its transpor14 tation until the officer, employee, or agent of the

15 Secretary—

16 ‘‘(A) affixes a label to the package indicat17 ing that the package was inspected pursuant to

18 this subsection; and

19 ‘‘(B) notifies the shipper that the package

20 was opened for examination.

21 ‘‘(e) EMERGENCY ORDERS.—

22 ‘‘(1) If, through testing, inspection, investiga23 tion, or research carried out under this chapter, the

24 Secretary decides that an unsafe condition or prac25 tice, or a combination of them, causes an emergency
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1 situation involving a hazard of death, personal in2 jury, or significant harm to the environment, the

3 Secretary may immediately issue or impose restric4 tions, prohibitions, recalls, or out-of-service orders,

5 without notice or the opportunity for a hearing, that

6 may be necessary to abate the situation.

7 ‘‘(2) The Secretary’s action under this sub8 section must be in a written order describing the

9 condition or practice, or combination of them, that

10 causes the emergency situation; stating the restric11 tions, prohibitions, recalls, or out-of-service orders

12 being issued or imposed; and prescribing standards

13 and procedures for obtaining relief from the order.

14 ‘‘(3) After taking action under this subsection,

15 the Secretary shall provide an opportunity for review

16 of that action under section 554 of title 5.

17 ‘‘(4) If a petition for review is filed and the re18 view is not completed by the end of the 30-day pe19 riod beginning on the date the petition was filed, the

20 action will cease to be effective at the end of that

21 period unless the Secretary determines in writing

22 that the emergency situation still exists.’’.

23 SEC. 313. PENALTIES.

24 (a) Section 5123(a)(1) is amended by striking the

25 first sentence and inserting the following: ‘‘A person that
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1 knowingly violates this chapter or a regulation, order, spe2 cial permit, or approval issued under this chapter is liable

3 to the United States Government for a civil penalty of at

4 least $250 but not more than $27,500 for each violation.’’.

5 (b) Section 5123(c)(2) is amended to read as follows:

6 ‘‘(2) with respect to the violator, the degree of

7 culpability, any good-faith efforts to comply with the

8 applicable requirements, any history of prior viola9 tions, any economic benefit resulting from the viola10 tion, the ability to pay, and any effect on the ability

11 to continue to do business; and’’.

12 (c) Section 5124 is amended to read as follows:

13 ‘‘§ 5124. Criminal penalty

14 ‘‘(a) IN GENERAL.—A person knowingly violating

15 section 5104(b) of this title or willfully violating this chap16 ter or a regulation, order, special permit, or approval is17 sued under this chapter, shall be fined under title 18, im18 prisoned for not more than 5 years, or both.

19 ‘‘(b) AGGRAVATED VIOLATIONS.—A person know20 ingly violating section 5104(b) of this title or willfully vio21 lating this chapter or a regulation, order, special permit,

22 or approval issued under this chapter, and thereby causing

23 the release of a hazardous material, shall be fined under

24 title 18, imprisoned for not more than 20 years, or both.’’.
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1 SEC. 314. PREEMPTION.

2 (a) REQUIREMENTS CONTRARY TO PURPOSES OF

3 CHAPTER.—Section 5125(a)(2) is amended by inserting

4 a comma and ‘‘the purposes of this chapter,’’ after ‘‘this

5 chapter’’ the first place it appears.

6 (b) DEADWOOD.—Section 5125(b)(2) is amended by

7 striking ‘‘prescribes after November 16, 1990.’’ and in8 serting ‘‘prescribes.’’.

9 SEC. 315. JUDICIAL REVIEW.

10 (a) Chapter 51 is amended by redesignating section

11 5127 as section 5128, and by inserting after section 5126

12 the following new section:

13 ‘‘§ 5127. Judicial review

14 ‘‘(a) FILING AND VENUE.—Except as provided in

15 section 20114(c) of this title, a person disclosing a sub16 stantial interest in a final order issued, under the author17 ity of section 5122 or 5123 of this title, by the Secretary

18 of Transportation, the Administrators of the Research and

19 Special Programs Administration, the Federal Aviation

20 Administration, or the Federal Highway Administration,

21 or the Commandant of the United States Coast Guard

22 (‘modal Administrator’), with respect to the duties and

23 powers designated to be carried out by the Secretary

24 under this chapter, may apply for review in the United

25 States Court of Appeals for the District of Columbia or

26 in the court of appeals for the United States for the circuit
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1 in which the person resides or has its principal place of

2 business. The petition must be filed not more than 60 days

3 after the order is issued. The court may allow the petition

4 to be filed after the 60th day only if there are reasonable

5 grounds for not filing by the 60th day.

6 ‘‘(b) JUDICIAL PROCEDURES.—When a petition is

7 filed under subsection (a) of this section, the clerk of the

8 court immediately shall send a copy of the petition to the

9 Secretary or the modal Administrator, as appropriate. The

10 Secretary or the modal Administrator shall file with the

11 court a record of any proceeding in which the order was

12 issued, as provided in section 2112 of title 28.

13 ‘‘(c) AUTHORITY OF COURT.—When the petition is

14 sent to the Secretary or the modal Administrator, the

15 court has exclusive jurisdiction to affirm, amend, modify,

16 or set aside any part of the order and may order the Sec17 retary or the modal Administrator to conduct further pro18 ceedings. After reasonable notice to the Secretary or the

19 modal Administrator, the court may grant interim relief

20 by staying the order or taking other appropriate action

21 when good cause for its action exists. Findings of fact by

22 the Secretary or the modal Administrator, if supported by

23 substantial evidence, are conclusive.

24 ‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In re25 viewing a final order under this section, the court may
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1 consider an objection to a final order of the Secretary or

2 the modal Administrator only if the objection was made

3 in the course of a proceeding or review conducted by the

4 Secretary, the modal Administrator, or an administrative

5 law judge, or if there was a reasonable ground for not

6 making the objection in the proceeding.

7 ‘‘(e) SUPREME COURT REVIEW.—A decision by a

8 court under this section may be reviewed only by the Su9 preme Court under section 1254 of title 28, United States

10 Code.’’.

11 (b) The chapter analysis for chapter 51 is amended

12 by striking the item related to section 5127 and inserting

13 the following:

‘‘5127. Judicial review.

‘‘5128. Authorization of appropriations.’’.

14 SEC. 316. HAZARDOUS MATERIAL TRANSPORTATION REAU15 THORIZATION.

16 (a) IN GENERAL.—Chapter 51, as amended by sec17 tion 315 of this Act, is amended by redesignating section

18 5128 as section 5129 and by inserting after section 5127

19 the following:

20 ‘‘§ 5128. High risk hazardous material; motor carrier

21 safety study

22 ‘‘(a) STUDY.—The Secretary of Transportation shall

23 conduct a study—
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1 ‘‘(1) to determine the safety benefits and ad2 ministrative efficiency of implementing a Federal

3 permit program for high risk hazardous material

4 carriers;

5 ‘‘(2) to identify and evaluate alternative regu6 latory methods and procedures that may improve the

7 safety of high risk hazardous material carriers and

8 shippers;

9 ‘‘(3) to examine the safety benefits of increased

10 monitoring of high risk hazardous material carriers,

11 and the costs, benefits, and procedures of existing

12 State permit programs;

13 ‘‘(4) to make such recommendations as may be

14 appropriate for the improvement of uniformity

15 among existing State permit programs; and

16 ‘‘(5) to assess the potential of advanced tech17 nologies for improving the assessment of high risk

18 hazardous material carriers’ compliance with motor

19 carrier safety regulations.

20 ‘‘(b) TIMEFRAME.—The Secretary shall begin the

21 study required by subsection (a) within 6 months after

22 the date of enactment of the Intermodal Transportation

23 Safety Act of 1997 and complete it within 30 months.

24 ‘‘(c) REPORT.—The Secretary shall report the find25 ings of the study required by subsection (a), together with
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1 such recommendations as may be appropriate, within 36

2 months after the date of enactment of that Act.’’.

3 (b) SECTION 5109 REGULATIONS TO REFLECT

4 STUDY FINDINGS.—Section 5109(h) is amended by strik5 ing ‘‘not later than November 16, 1991.’’ and inserting

6 ‘‘based upon the findings of the study required by section

7 5128(a).’’.

8 (c) CONFORMING AMENDMENT.—The chapter analy9 sis for chapter 51, as amended by section 315, is amended

10 by striking the item relating to section 5128 and inserting

11 the following:

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

‘‘5129. Authorization of appropriations.’’.

12 SEC. 317. AUTHORIZATION OF APPROPRIATIONS.

13 Section 5129, as redesignated, is amended—

14 (1) by striking subsection (a) and inserting the

15 following:

16 ‘‘(a) GENERAL.—There are authorized to be appro17 priated to the Secretary of Transportation to carry out

18 this chapter (except sections 5107(e), 5108(g)(2), 5113,

19 5115, and 5116) not more than—

20 ‘‘(1) $15,492,000 for fiscal year 1998;

21 ‘‘(2) $16,000,000 for fiscal year 1999;

22 ‘‘(3) $16,500,000 for fiscal year 2000;

23 ‘‘(4) $17,000,000 for fiscal year 2001;

24 ‘‘(5) $17,500,000 for fiscal year 2002; and
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1 ‘‘(6) $18,000,000 for fiscal year 2003.’’; and

2 (2) by striking subsections (c) and (d) and inserting

3 the following:

4 ‘‘(c) TRAINING CURRICULUM.—Not more than

5 $200,000 is available to the Secretary of Transportation

6 from the account established under section 5116(i) of this

7 title for each of the fiscal years ending September 30,

8 1999-2003, to carry out section 5115 of this title.

9 ‘‘(d) PLANNING AND TRAINING.—

10 (1) Not more than $2,444,000 is available to

11 the Secretary of Transportation from the account es12 tablished under section 5116(i) of this title for the

13 fiscal year ending September 30, 1998, and such

14 sums as may be necessary for fiscal years 1999-

15 2003, to carry out section 5116(a) of this title.

16 ‘‘(2) Not more than $3,666,000 is available to

17 the Secretary of Transportation from the account es18 tablished under section 5116(i) of this title for the

19 fiscal year ending September 30, 1998, and such

20 sums as may be necessary for fiscal years 1999-

21 2003, to carry out section 5116(b) of this title.

22 ‘‘(3) Not more than $600,000 is available to

23 the Secretary of Transportation from the account es24 tablished under section 5116(i) of this title for the

25 fiscal year ending September 30, 1998, and such
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1 sums as may be necessary for fiscal years 1999-

2 2003, to carry out section 5116(f) of this title.’’.

3 TITLE IV—COMPREHENSIVE

4 ONE-CALL NOTIFICATION

5 SEC. 401. FINDINGS.

6 The Congress finds that—

7 (1) unintentional damage to underground facili8 ties during excavation is a significant cause of dis9 ruptions in telecommunications, water supply, elec10 tric power and other vital public services, such as

11 hospital and air traffic control operations, and is a

12 leading cause of natural gas and hazardous liquid

13 pipeline accidents;

14 (2) excavation that is performed without prior

15 notification to an underground facility operator or

16 with inaccurate marking of such a facility prior to

17 excavation can cause damage that results in fatali18 ties, serious injuries, harm to the environment and

19 disruption of vital services to the public; and

20 (3) protection of the public and the environ21 ment from the consequences of underground facility

22 damage caused by excavations will be enhanced by

23 a coordinated national effort to improve one-call no24 tification programs in each State and the effective-
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1 ness and efficiency of one-call notification systems

2 that operate under such programs.

3 SEC. 402. ESTABLISHMENT OF ONE-CALL NOTIFICATION

4 PROGRAMS.

5 (a) IN GENERAL.—Subtitle III is amended by adding

6 at the end thereof the following:

‘‘CHAPTER 61—ONE-CALL NOTIFICATION PROGRAMS

‘‘Sec.

‘‘6101. Purposes.

‘‘6102. Definitions.

‘‘6103. Minimum standards for State one-call notification programs.

‘‘6104. Compliance with minimum standards.

‘‘6105. Review of one-call system best practices.

‘‘6106. Grants to States.

‘‘6107. Authorization of appropriations.

7 ‘‘§ 6101. Purposes

8 ‘‘The purposes of this chapter are—

9 ‘‘(1) to enhance public safety;

10 ‘‘(2) to protect the environment;

11 ‘‘(3) to minimize risks to excavators; and

12 ‘‘(4) to prevent disruption of vital public serv13 ices,

14 by reducing the incidence of damage to underground facili15 ties during excavation through the adoption and efficient

16 implementation by all States of State one-call notification

17 programs that meet the minimum standards set forth

18 under section 6103.

19 ‘‘§ 6102. Definitions

20 ‘‘For purposes of this chapter—
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1 ‘‘(1) ONE-CALL NOTIFICATION SYSTEM.—The

2 term ‘‘one-call notification system’’ means a system

3 operated by an organization that has as one of its

4 purposes to receive notification from excavators of

5 intended excavation in a specified area in order to

6 disseminate such notification to underground facility

7 operators that are members of the system so that

8 such operators can locate and mark their facilities in

9 order to prevent damage to underground facilities in

10 the course of such excavation.

11 ‘‘(2) STATE ONE-CALL NOTIFICATION PRO12 GRAM.—The term ‘‘State one-call notification pro13 gram’’ means the State statutes, regulations, orders,

14 judicial decisions, and other elements of law and pol15 icy in effect in a State that establish the require16 ments for the operation of one-call notification sys17 tems in such State.

18 ‘‘(3) STATE.—The term ‘State’ means a State,

19 the District of Columbia, and Puerto Rico.

20 ‘‘(4) SECRETARY.—The term ‘Secretary’ means

21 the Secretary of Transportation.

22 ‘‘§ 6103. Minimum standards for State one-call notifi23 cation programs

24 ‘‘(a) MINIMUM STANDARDS.—A State one-call notifi25 cation program shall, at a minimum, provide for—
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1 ‘‘(1) appropriate participation by all under2 ground facility operators;

3 ‘‘(2) appropriate participation by all excavators;

4 and

5 ‘‘(3) flexible and effective enforcement under

6 State law with respect to participation in, and use

7 of, one-call notification systems.

8 ‘‘(b) APPROPRIATE PARTICIPATION.—In determining

9 the appropriate extent of participation required for types

10 of underground facilities or excavators under subsection

11 (a), a State shall assess, rank, and take into consideration

12 the risks to the public safety, the environment, excavators,

13 and vital public services associated with—

14 ‘‘(1) damage to types of underground facilities;

15 and

16 ‘‘(2) activities of types of excavators.

17 ‘‘(c) IMPLEMENTATION.—A State one-call notifica18 tion program also shall, at a minimum, provide for—

19 ‘‘(1) consideration of the ranking of risks under

20 subsection (b) in the enforcement of its provisions;

21 ‘‘(2) a reasonable relationship between the ben22 efits of one-call notification and the cost of imple23 menting and complying with the requirements of the

24 State one-call notification program; and
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1 ‘‘(3) voluntary participation where the State de2 termines that a type of underground facility or an

3 activity of a type of excavator poses a de minimis

4 risk to public safety or the environment.

5 ‘‘(d) PENALTIES.—To the extent the State deter6 mines appropriate and necessary to achieve the purposes

7 of this chapter, a State one-call notification program shall,

8 at a minimum, provide for—

9 ‘‘(1) administrative or civil penalties commensu10 rate with the seriousness of a violation by an exca11 vator or facility owner of a State one-call notification

12 program;

13 ‘‘(2) increased penalties for parties that repeat14 edly damage underground facilities because they fail

15 to use one-call notification systems or for parties

16 that repeatedly fail to provide timely and accurate

17 marking after the required call has been made to a

18 one-call notification system;

19 ‘‘(3) reduced or waived penalties for a violation

20 of a requirement of a State one-call notification pro21 gram that results in, or could result in, damage that

22 is promptly reported by the violator;

23 ‘‘(4) equitable relief; and

24 ‘‘(5) citation of violations.
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1 ‘‘§ 6104. Compliance with minimum standards

2 ‘‘(a) REQUIREMENT.—In order to qualify for a grant

3 under section 6106, each State shall, within 2 years after

4 the date of the enactment of the Intermodal Transpor5 tation Safety Act of 1997, submit to the Secretary a grant

6 application under subsection (b).

7 ‘‘(b) APPLICATION.—

8 ‘‘(1) Upon application by a State, the Secretary

9 shall review that State’s one-call notification pro10 gram, including the provisions for implementation of

11 the program and the record of compliance and en12 forcement under the program.

13 ‘‘(2) Based on the review under paragraph (1),

14 the Secretary shall determine whether the State’s

15 one-call notification program meets the minimum

16 standards for such a program set forth in section

17 6103 in order to qualify for a grant under section

18 6106.

19 ‘‘(3) In order to expedite compliance under this

20 section, the Secretary may consult with the State as

21 to whether an existing State one-call notification

22 program, a specific modification thereof, or a pro23 posed State program would result in a positive de24 termination under paragraph (2).

25 ‘‘(4) The Secretary shall prescribe the form of,

26 and manner of filing, an application under this sec-
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1 tion that shall provide sufficient information about a

2 State’s one-call notification program for the Sec3 retary to evaluate its overall effectiveness. Such in4 formation may include the nature and reasons for

5 exceptions from required participation, the types of

6 enforcement available, and such other information as

7 the Secretary deems necessary.

8 ‘‘(5) The application of a State under para9 graph (1) and the record of actions of the Secretary

10 under this section shall be available to the public.

11 ‘‘(c) ALTERNATIVE PROGRAM—A State may main12 tain an alternative one-call notification program if that

13 program provides protection for public safety, the environ14 ment, or excavators that is equivalent to, or greater than,

15 protection under a program that meets the minimum

16 standards set forth in section 6103.

17 ‘‘(d) REPORT—Within 3 years after the date of the

18 enactment of the Intermodal Transportation Safety Act

19 of 1997, the Secretary shall begin to include the following

20 information in reports submitted under section 60124 of

21 this title—

22 ‘‘(1) a description of the extent to which each

23 State has adopted and implemented the minimum

24 Federal standards under section 6103 or maintains

25 an alternative program under subsection (c);
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1 ‘‘(2) an analysis by the Secretary of the overall

2 effectiveness of the State’s one-call notification pro3 gram and the one-call notification systems operating

4 under such program in achieving the purposes of

5 this chapter;

6 ‘‘(3) the impact of the State’s decisions on the

7 extent of required participation in one-call notifica8 tion systems on prevention of damage to under9 ground facilities; and

10 ‘‘(4) areas where improvements are needed in

11 one-call notification systems in operation in the

12 State.

13 The report shall also include any recommendations the

14 Secretary determines appropriate. If the Secretary deter15 mines that the purposes of this chapter have been substan16 tially achieved, no further report under this section shall

17 be required.

18 ‘‘§ 6105. Review of one-call system best practices

19 ‘‘(a) STUDY OF EXISTING ONE-CALL SYSTEMS.—Ex20 cept as provided in subsection (d), the Secretary, in con21 sultation with other appropriate Federal agencies, State

22 agencies, one-call notification system operators, under23 ground facility operators, excavators, and other interested

24 parties, shall undertake a study of damage prevention
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1 practices associated with existing one-call notification sys2 tems.

3 ‘‘(b) PURPOSE OF STUDY OF DAMAGE PREVENTION

4 PRACTICES.—The purpose of the study is to assemble in5 formation in order to determine which existing one-call no6 tification systems practices appear to be the most effective

7 in preventing damage to underground facilities and in pro8 tecting the public, the environment, excavators, and public

9 service disruption. As part of the study, the Secretary

10 shall at a minimum consider—

11 ‘‘(1) the methods used by one-call notification

12 systems and others to encourage participation by ex13 cavators and owners of underground facilities;

14 ‘‘(2) the methods by which one-call notification

15 systems promote awareness of their programs, in16 cluding use of public service announcements and

17 educational materials and programs;

18 ‘‘(3) the methods by which one-call notification

19 systems receive and distribute information from ex20 cavators and underground facility owners;

21 ‘‘(4) the use of any performance and service

22 standards to verify the effectiveness of a one-call no23 tification system;

24 ‘‘(5) the effectiveness and accuracy of mapping

25 used by one-call notification systems;
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1 ‘‘(6) the relationship between one-call notifica2 tion systems and preventing intentional damage to

3 underground facilities;

4 ‘‘(7) how one-call notification systems address

5 the need for rapid response to situations where the

6 need to excavate is urgent;

7 ‘‘(8) the extent to which accidents occur due to

8 errors in marking of underground facilities, untimely

9 marking or errors in the excavation process after a

10 one-call notification system has been notified of an

11 excavation;

12 ‘‘(9) the extent to which personnel engaged in

13 marking underground facilities may be endangered;

14 ‘‘(10) the characteristics of damage prevention

15 programs the Secretary believes could be relevant to

16 the effectiveness of State one-call notification pro17 grams; and

18 ‘‘(11) the effectiveness of penalties and enforce19 ment activities under State one-call notification pro20 grams in obtaining compliance with program re21 quirements.

22 ‘‘(c) REPORT—Within 1 year after the date of the

23 enactment of the Intermodal Transportation Safety Act

24 of 1997, the Secretary shall publish a report identifying
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1 those practices of one-call notification systems that are the

2 most and least successful in—

3 ‘‘(1) preventing damage to underground facili4 ties; and

5 ‘‘(2) providing effective and efficient service to

6 excavators and underground facility operators.

7 The Secretary shall encourage States and operators of

8 one-call notification programs to adopt and implement the

9 most successful practices identified in the report.

10 ‘‘(d) SECRETARIAL DISCRETION—Prior to undertak11 ing the study described in subsection (a), the Secretary

12 shall determine whether timely information described in

13 subsection (b) is readily available. If the Secretary deter14 mines that such information is readily available, the Sec15 retary is not required to carry out the study.

16 ‘‘§ 6106. Grants to States

17 ‘‘(a) IN GENERAL.—The Secretary may make a grant

18 of financial assistance to a State that qualifies under sec19 tion 6104(b) to assist in improving—

20 ‘‘(1) the overall quality and effectiveness of one21 call notification systems in the State;

22 ‘‘(2) communications systems linking one-call

23 notification systems;
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1 ‘‘(3) location capabilities, including training

2 personnel and developing and using location tech3 nology;

4 ‘‘(4) record retention and recording capabilities

5 for one-call notification systems;

6 ‘‘(5) public information and education;

7 ‘‘(6) participation in one-call notification sys8 tems; or

9 ‘‘(7) compliance and enforcement under the

10 State one-call notification program.

11 ‘‘(b) STATE ACTION TAKEN INTO ACCOUNT.—In

12 making grants under this section the Secretary shall take

13 into consideration the commitment of each State to im14 proving its State one-call notification program, including

15 legislative and regulatory actions taken by the State after

16 the date of enactment of the Intermodal Transportation

17 Safety Act of 1997.

18 ‘‘(c) FUNDING FOR ONE-CALL NOTIFICATION SYS19 TEMS.—A State may provide funds received under this

20 section directly to any one-call notification system in such

21 State that substantially adopts the best practices identi22 fied under section 6105.

23 ‘‘§ 6107. Authorization of appropriations

24 ‘‘(a) FOR GRANTS TO STATES.—There are author25 ized to be appropriated to the Secretary in fiscal year
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1 1999 no more than $1,000,000 and in fiscal year 2000

2 no more than $5,000,000, to be available until expended,

3 to provide grants to States under section 6106.

4 ‘‘(b) FOR ADMINISTRATION.—There are authorized

5 to be appropriated to the Secretary such sums as may be

6 necessary during fiscal years 1998, 1999, and 2000 to

7 carry out sections 6103, 6104, and 6105.

8 ‘‘(c) GENERAL REVENUE FUNDING.—Any sums ap9 propriated under this section shall be derived from general

10 revenues and may not be derived from amounts collected

11 under section 60301 of this title.’’.

12 (b) CONFORMING AMENDMENTS.—

13 (1) The analysis of chapters for subtitle III is

14 amended by adding at the end thereof the following:

‘‘CHAPTER 61—ONE-CALL NOTIFICATION PROGRAM.’’.

15 (2) Chapter 601 of title 49, United States

16 Code, is amended

17 (A) by striking ‘‘sections 60114 and’’ in

18 section 60105(a) of that chapter and inserting

19 ‘‘section’’;

20 (B) by striking section 60114 and the item

21 relating to that section in the table of sections

22 for that chapter;
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1 (C) by striking ‘‘60114(c), 60118(a),’’ in

2 section 60122(a)(1) of that chapter and insert3 ing ‘‘60118(a),’’;

4 (D) by striking ‘‘60114(c) or’’ in section

5 60123(a) of that chapter;

6 (E) by striking ‘‘sections 60107 and

7 60114(b)’’ in subsections (a) and (b) of section

8 60125 and inserting ‘‘section 60107’’ in each

9 such subsection; and

10 (F) by striking subsection (d) of section

11 60125, and redesignating subsections (e) and

12 (f) of that section as subsections (d) and (e).

13 TITLE V—MOTOR CARRIER

14 SAFETY

15 SEC. 501. STATEMENT OF PURPOSE.

16 Chapter 311 is amended—

17 (1) by inserting before section 31101 the follow18 ing:

19 ‘‘§ 31100. Purpose

20 ‘‘The purposes of this subchapter are—

21 ‘‘(1) to improve commercial motor vehicle and

22 driver safety;

23 ‘‘(2) to facilitate efforts by the Secretary,

24 States, and other political jurisdictions, working in
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1 partnership, to focus their resources on strategic

2 safety investments;

3 ‘‘(3) to increase administrative flexibility;

4 ‘‘(4) to strengthen enforcement activities;

5 ‘‘(5) to invest in activities related to areas of

6 the greatest crash reduction;

7 ‘‘(6) to identify high risk carriers and drivers;

8 and

9 ‘‘(7) to improve information and analysis sys10 tems.’’; and

11 (2) by inserting before the item relating to sec12 tion 31101 in the chapter analysis for chapter 311

13 the following:

‘‘§ 31100. Purposes.’’.

14 SEC. 502. GRANTS TO STATES.

15 (a) PERFORMANCE-BASED GRANTS.—Section 31102

16 is amended—

17 (1) by inserting ‘‘improving motor carrier safety

18 and’’ in subsection (a) after ‘‘programs for’’; and

19 (2) by striking ‘‘adopt and assume responsibil20 ity for enforcing’’ in the first sentence of paragraph

21 (b)(1) and inserting ‘‘assume responsibility for im22 proving motor carrier safety and to adopt and en23 force’’.

24 (b) HAZARDOUS MATERIALS.—Section 31102 is

25 amended—
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1 (1) by inserting a comma and ‘‘hazardous mate2 rials transportation safety,’’ after ‘‘commercial

3 motor vehicle safety’’ in subsection (a); and

4 (2) by inserting a comma and ‘‘hazardous mate5 rials transportation safety,’’ in the first sentence of

6 subsection (b) after ‘‘commercial motor vehicle safe7 ty’’.

8 (c) CONTENTS OF STATE PLANS.—Section

9 31102(b)(1) is amended—

10 (1) by redesignating subparagraphs (A) through

11 (Q) as subparagraphs (B) through (R), respectively;

12 (2) by inserting before subparagraph (B), as re13 designated, the following:

14 ‘‘(A) implements performance-based activi15 ties by fiscal year 2000;’’

16 (3) by inserting ‘‘(1)’’ in subparagraph (K), as

17 redesignated, after ‘‘(c)’’; and

18 (4) by striking subparagraphs (L) and (M), as

19 redesignated, and inserting the following:

20 ‘‘(L) ensures consistent, effective, and rea21 sonable sanctions;

22 ‘‘(M) ensures that the State agency will co23 ordinate the plan, data collection, and informa24 tion systems with the State highway safety pro25 grams under title 23;’’;
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1 (5) by striking ‘‘activities—’’ in subparagraph

2 (P), as redesignated, and inserting ‘‘activities in

3 support of national priorities and performance goals

4 including—’’;

5 (6) by striking ‘‘to remove’’ in clause (i) of sub6 paragraph (P), as redesignated, and inserting ‘‘ac7 tivities aimed at removing’’; and

8 (7) by striking ‘‘to provide’’ in clause (ii) of

9 subparagraph (P), as redesignated, and inserting

10 ‘‘activities aimed at providing’’.

11 SEC. 503. FEDERAL SHARE.

12 Section 31103 is amended—

13 (1) by inserting before ‘‘The Secretary of

14 Transportation’’ the following:

15 ‘‘(a) COMMERCIAL MOTOR VEHICLE SAFETY PRO16 GRAMS AND ENFORCEMENT.—’’;

17 (2) by inserting ‘‘improve commercial motor ve18 hicle safety and’’ in the first sentence before ‘‘en19 force’’; and

20 (3) by adding at the end the following:

21 ‘‘(b) OTHER ACTIVITIES.—The Secretary may reim22 burse State agencies, local governments, or other persons

23 up to 100 percent for those activities identified in

24 31104(f)(2).’’.
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1 SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—Section 31104(a) is amended to

3 read as follows:

4 ‘‘(a) GENERAL.—Subject to section 9503(c)(1) of the

5 Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(1)),

6 there are available from the Highway Trust Fund (except

7 the Mass Transit Account) for the Secretary of Transpor8 tation to incur obligations to carry out section 31102 of

9 this title, not more than—

10 ‘‘(1) $80,000,000 for the fiscal year ending

11 September 30, 1998;

12 ‘‘(2) $82,000,000 for the fiscal year ending

13 September 30, 1999;

14 ‘‘(3) $84,000,000 for the fiscal year ending

15 September 30, 2000;

16 ‘‘(4) $86,000,000 for the fiscal year ending

17 September 30, 2001;

18 ‘‘(5) $88,000,000 for the fiscal year ending

19 September 30, 2002; and

20 ‘‘(6) $90,000,000 for the fiscal year ending

21 September 30, 2003.’’.

22 (b) AVAILABILITY AND REALLOCATION.—Section

23 31104(b)(2) is amended to read as follows:

24 ‘‘(2) Amounts made available under section

25 4002(e)(1) and (2) of the Intermodal Surface Trans26 portation Efficiency Act of 1991 before October 1,
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1 1996, that are not obligated on October 1, 1997, are

2 available for obligation under paragraph (1) of this

3 subsection.’’.

4 (c) ALLOCATION CRITERIA.—Section 31104(f) is

5 amended to read as follows:

6 ‘‘(f) ALLOCATION CRITERIA AND ELIGIBILITY.—

7 ‘‘(1) On October 1 of each fiscal year or as

8 soon after that date as practicable, the Secretary,

9 after making the deduction described in subsection

10 (e) of this section, shall allocate, under criteria the

11 Secretary prescribes through regulation, the

12 amounts available for that fiscal year among the

13 States with plans approved under section 31102 of

14 this title.

15 ‘‘(2) The Secretary may designate—

16 ‘‘(A) no less than 5 percent of such

17 amounts for activities and projects of national

18 priority for the improvement of commercial

19 motor vehicle safety; and

20 ‘‘(B) no less than 5 percent of such

21 amounts to reimburse States for border com22 mercial motor vehicle safety programs and en23 forcement activities and projects. These

24 amounts shall be allocated by the Secretary to

25 State agencies and local governments that use
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1 trained and qualified officers and employees in

2 coordination with State motor vehicle safety

3 agencies.’’.

4 (d) OTHER AMENDMENTS.—

5 (1) Section 31104 is amended by striking sub6 section (g) and redesignating subsection (h) as sub7 section (g).

8 (2) Section 31104 is amended by striking sub9 section (i) and redesignating subsection (j) as sub10 section (h).

11 SEC. 505. INFORMATION SYSTEMS AND STRATEGIC SAFETY

12 INITIATIVES.

13 Section 31106 is amended to read as follows:

14 ‘‘§ 31106. Information Systems and Strategic Safety

15 Initiatives

16 ‘‘(a) INFORMATION SYSTEMS.—

17 ‘‘(1) IN GENERAL.—The Secretary is authorized

18 to establish motor carrier information systems and

19 data analysis programs to support motor carrier reg20 ulatory and enforcement activities required under

21 this title. In cooperation with the States, the infor22 mation systems shall be coordinated into a network

23 providing identification of motor carriers and driv24 ers, registration and licensing tracking, and motor

25 carrier and driver safety performance. The Secretary
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1 shall develop and maintain data analysis capacity

2 and programs to provide the means to develop strat3 egies to address safety problems and to use data

4 analysis to measure the effectiveness of these strate5 gies and related programs; to determine the cost ef6 fectiveness of State and Federal safety compliance,

7 enforcement programs, and other countermeasures;

8 to evaluate the safety fitness of motor carriers and

9 drivers; to identify and collect necessary data; and to

10 adapt, improve, and incorporate other information

11 and information systems as deemed appropriate by

12 the Secretary.

13 ‘‘(2) PERFORMANCE AND REGISTRATION INFOR14 MATION SYSTEMS MANAGEMENT—

15 ‘‘(A) The Secretary shall include, as part

16 of the motor carrier safety information network

17 system of the Department of Transportation,

18 an information system, to be called the Per19 formance and Registration Information Systems

20 Management, to serve as a clearinghouse and

21 repository of information related to State reg22 istration and licensing of commercial motor ve23 hicles and the safety system of the commercial

24 motor vehicle registrants or the motor carriers

25 operating the vehicles. The Secretary may in-
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1 clude in the system information on the safety

2 fitness of each of the motor carriers and reg3 istrants and other information the Secretary

4 considers appropriate, including information on

5 vehicle, driver, and motor carrier safety per6 formance.

7 ‘‘(B) The Secretary shall prescribe tech8 nical and operational standards to ensure—

9 ‘‘(i) uniform, timely and accurate in10 formation collection and reporting by the

11 States necessary to carry out this system;

12 ‘‘(ii) uniform State and Federal proce13 dures and policies necessary to operate the

14 Commercial Vehicle Information System;

15 and

16 ‘‘(iii) the availability and reliability of

17 the information to the States and the Sec18 retary from the information system.

19 ‘‘(C) The system shall link the Federal

20 motor carrier safety systems with State driver

21 and commercial vehicle registration and licens22 ing systems, and shall be designed—

23 ‘‘(i) to enable a State, when issuing li24 cense plates or throughout the registration

25 period for a commercial motor vehicle, to
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1 determine, through the use of the informa2 tion system, the safety fitness of the reg3 istrant or motor carrier;

4 ‘‘(ii) to allow a State to decide, in co5 operation with the Secretary, the types of

6 sanctions that may be imposed on the reg7 istrant or motor carrier, or the types of

8 conditions or limitations that may be im9 posed on the operations of the registrant

10 or motor carrier that will ensure the safety

11 fitness of the registrant or motor carrier;

12 ‘‘(iii) to monitor the safety fitness of

13 the registrant or motor carrier during the

14 registration period; and

15 ‘‘(iv) to require the State, as a condi16 tion of participation in the system, to im17 plement uniform policies, procedures, and

18 standards, and to possess or seek authority

19 to impose commercial motor vehicle reg20 istration sanctions on the basis of a Fed21 eral safety fitness determination.

22 ‘‘(D) Of the amounts available for expendi23 ture under this section, up to 50 percent in

24 each of fiscal years 1998, 1999, 2000, 2001,

25 2002, and 2003 may be made available to carry
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1 out paragraph (a)(2) of this section. The Sec2 retary may authorize the operation of the infor3 mation system by contract, through an agree4 ment with one or more States, or by designat5 ing, after consultation with the States, a third

6 party that represents the interests of the

7 States. Of the amounts made available to carry

8 out subsection (a)(2) of this section, the Sec9 retary is encouraged to direct no less than 80

10 percent to States that have not previously re11 ceived financial assistance to develop or imple12 ment the Performance and Registration Infor13 mation Systems Management system.

14 ‘‘(b) COMMERCIAL MOTOR VEHICLE DRIVER SAFETY

15 PROGRAM.—The Secretary is authorized to establish a

16 program focusing on improving commercial motor vehicle

17 driver safety. The objectives of the program shall in18 clude—

19 ‘‘(1) enhancing the exchange of driver licensing

20 information among the States and among the

21 States, the Federal Government, and foreign coun22 tries;

23 ‘‘(2) providing information to the judicial sys24 tem on the commercial motor vehicle driver licensing

25 program; and
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1 ‘‘(3) evaluating any aspect of driver perform2 ance and safety as deemed appropriate by the Sec3 retary.

4 ‘‘(c) COOPERATIVE AGREEMENTS, GRANTS, AND

5 CONTRACTS.—The Secretary may carry out this section

6 either independently or in cooperation with other Federal

7 departments, agencies, and instrumentalities, or by mak8 ing grants to and entering into contracts and cooperative

9 agreements with States, localities, associations, institu10 tions, corporations (profit or nonprofit) or other persons.’’.

11 SEC. 506. IMPROVED FLOW OF DRIVER HISTORY PILOT

12 PROGRAM.

13 The Secretary of Transportation shall carry out a

14 pilot program in cooperation with one or more States to

15 improve upon the timely exchange of pertinent driver per16 formance and safety records data. The program shall—

17 (1) determine to what extent driver perform18 ance records data, including relevant fines, penalties,

19 and failures to appear for a hearing or trial, should

20 be included as part of any information systems

21 under the Department of Transportation’s oversight;

22 (2) assess the feasibility, costs, safety impact,

23 and benefits of record exchanges; and
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1 (3) assess methods for the efficient exchange of

2 driver safety data available from existing State in3 formation systems and sources.

4 SEC. 507. MOTOR CARRIER AND DRIVER SAFETY RE5 SEARCH.

6 Of the funds made available to carry out programs

7 established by the amendments made by title II of the

8 Intermodal Surface Transportation Efficiency Act of

9 1997, no less than $10,000,000 shall be made available

10 for each of fiscal years 1998, 1999, 2000, 2001, 2002,

11 and 2003 for activities designed to advance commercial

12 motor vehicle and driver safety. Any obligation, contract,

13 cooperative agreement, or support granted under this sec14 tion in excess of $100,000 shall be awarded on a competi15 tive basis. The Secretary shall submit annually a report

16 to the Senate Committee on Commerce, Science, and

17 Transportation and the House Committee on Transpor18 tation and Infrastructure on the research activities carried

19 out under this section, including the amount, purpose, re20 cipient and nature of each contract, cooperative agreement

21 or award.’’.

22 SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

23 Section 31107 is amended to read as follows:
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1 ‘‘§ 31107. Authorization of appropriations for infor2 mation systems and strategic safety ini3 tiatives

4 ‘‘There shall be available from the Highway Trust

5 Fund (other than the Mass Transit Account) for the Sec6 retary to incur obligations to carry out section 31106 of

7 this title the sum of $10,000,000 for each of the fiscal

8 years 1998, 1999, 2000, 2001, 2002, and 2003. The

9 amounts made available under this subsection shall re10 main available until expended.’’.

11 SEC. 509. CONFORMING AMENDMENTS.

12 The chapter analysis for chapter 311 is amended—

13 (1) by striking the heading for subchapter I

14 and inserting the following:

‘‘SUBCHAPTER I—STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS’’;

15 and

16 (2) by striking the items relating to sections

17 31106 and 31107 and inserting the following:

‘‘31106. Information systems and strategic safety initiatives.

‘‘31107. Authorization of appropriations for information systems and strategic

safety initiatives.’’.

18 SEC. 510. AUTOMOBILE TRANSPORTER DEFINED.

19 Section 31111(a) is amended—

20 (1) by redesignating paragraphs (1) and (2) as

21 paragraphs (2) and (3), respectively; and
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1 (2) by inserting before paragraph (2), as redes2 ignated, the following:

3 ‘‘(1) ‘automobile transporter’ means any vehicle

4 combination designed and used specifically for the

5 transport of assembled highway vehicles, including

6 truck camper units.’’.

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

8 (a) REPEAL.—Subchapter III of chapter 311 is

9 amended—

10 (1) by striking sections 31134 and 31140; and

11 (2) by striking the items relating to sections

12 31134 and 31140 in the chapter analysis for that

13 chapter.

14 (b) REVIEW PROCEDURE.—

15 (1) IN GENERAL.—Section 31141 is amended—

16 (A) by striking subsection (b) and redesig17 nating subsections (c), (d), (e), (f), (g), and (h)

18 as subsections (b), (c), (d), (e), (f), and (g), re19 spectively;

20 (B) by striking so much of subsection (b),

21 as redesignated, as precedes paragraph (2) and

22 inserting the following:

23 ‘‘(b) REVIEW AND DECISIONS BY THE SECRETARY.—
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1 ‘‘(1) The Secretary shall review the laws and

2 regulations on commercial motor vehicle safety in ef3 fect in each State, and decide—

4 ‘‘(A) whether the State law or regulation—

5 ‘‘(i) has the same effect as a regula6 tion prescribed by the Secretary under sec7 tion 31136 of this title;

8 ‘‘(ii) is less stringent than that regula9 tion; or

10 ‘‘(iii) is additional to or more strin11 gent than that regulation; and

12 ‘‘(B) for each State law or regulation

13 which is additional to or more stringent than

14 the regulation prescribed by the Secretary,

15 whether—

16 ‘‘(i) the State law or regulation has no

17 safety benefit;

18 ‘‘(ii) the State law or regulation is in19 compatible with the regulation prescribed

20 by the Secretary under section 31136 of

21 this title; or

22 ‘‘(iii) enforcement of the State law or

23 regulation would cause an unreasonable

24 burden on interstate commerce.’’;
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1 (C) by striking paragraph (5) of subsection

2 (b)(5), as redesignated, and inserting the fol3 lowing:

4 ‘‘(5) In deciding under paragraph (4) of this

5 subsection whether a State law or regulation will

6 cause an unreasonable burden on interstate com7 merce, the Secretary may consider the effect on

8 interstate commerce of implementation of all similar

9 laws and regulations of other States.’’;

10 (D) by striking subsections (d) and (e), as

11 redesignated, and inserting the following:

12 ‘‘(d) WRITTEN NOTICE OF DECISIONS.—The Sec13 retary shall give written notice of the decision under sub14 section (b) of this section to the State concerned.’’; and

15 (E) by redesignating subsections (f) and

16 (g), as redesignated, as subsections (e) and (f),

17 respectively.

18 (2) CONFORMING CHANGES.—

19 (A) The caption of section 31141 of such

20 title is amended to read as follows:

21 ‘‘§ 31141. Preemption of State laws and regulations’’.

22 (B) The chapter analysis of chapter 311 of

23 such title is amended by striking the item relat24 ing to section 31141 and inserting the follow25 ing:

‘‘31141. Preemption of State laws and regulations.’’.
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1 (d) INSPECTION OF VEHICLES.—

2 (1) Section 31142 is amended—

3 (A) by striking ‘‘part 393 of title 49, Code

4 of Federal Regulations’’ in subsection (a) and

5 inserting ‘‘regulations issued pursuant to sec6 tion 31135 of this title’’; and

7 (B) by striking subsection (c)(1)(C) and

8 inserting the following:

9 ‘‘(C) prevent a State from participating in

10 the activities of a voluntary group of States en11 forcing a program for inspection of commercial

12 motor vehicles; or’’.

13 (2) Subchapter IV of chapter 311 is amended—

14 (A) by striking sections 31161 and 31162;

15 and

16 (B) by striking the items relating to sec17 tions 31161 and 31162 in the chapter analysis

18 for that chapter.

19 (3) Section 31102(b)(1) is amended—

20 (A) by striking ‘‘and’’ at the end of sub21 paragraph (P);

22 (B) by striking ‘‘thereunder.’’ in subpara23 graph (Q) and inserting ‘‘thereunder; and’’; and

24 (C) by adding at the end thereof the fol25 lowing:
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1 ‘‘(R) provides that the State will establish

2 a program (i) to ensure the proper and timely

3 correction of commercial motor vehicle safety

4 violations noted during an inspection carried

5 out with funds authorized under section 31104

6 of this title; and (ii) to ensure that information

7 is exchanged among the States in a timely man8 ner.’’.

9 (e) SAFETY FITNESS OF OWNERS AND OPERA10 TORS.—Section 31144 is amended to read as follows:

11 ‘‘§ 31142. Safety fitness of owners and operators

12 ‘‘(a) PROCEDURE.—The Secretary of Transportation

13 shall maintain in regulation a procedure for determining

14 the safety fitness of owners and operators of commercial

15 motor vehicles, including persons seeking new or addi16 tional operating authority as motor carriers under section

17 13902 of this title. The procedure shall include—

18 ‘‘(1) specific initial and continuing requirements

19 to be met by the owners, operators, and other per20 sons to demonstrate safety fitness;

21 ‘‘(2) a means of deciding whether the owners,

22 operators, or other persons meet the safety require23 ments under paragraph (1) of this subsection; and

24 ‘‘(3) specific time deadlines for action by the

25 Secretary in making fitness decisions.
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1 ‘‘(b) PROHIBITED TRANSPORTATION.—Except as

2 provided in sections 521(b)(5)(A) and 5113 of this title,

3 a motor carrier that fails to meet the safety fitness re4 quirements established under subsection (a) of this section

5 may not operate in interstate commerce beginning on the

6 61st day after the date of the determination by the Sec7 retary that the motor carrier fails to meet the safety fit8 ness requirements and until the motor carrier meets the

9 safety fitness requirements. The Secretary may, for good

10 cause shown, provide a carrier with up to an additional

11 60 days to meet the safety fitness requirements.

12 ‘‘(c) RATING REVIEW.—The Secretary shall review

13 the factors that resulted in a motor carrier failing to meet

14 the safety fitness requirements not later than 45 days

15 after the motor carrier requests a review.

16 ‘‘(d) GOVERNMENT USE PROHIBITED.—A depart17 ment, agency, or instrumentality of the United States

18 Government may not use a motor carrier that does not

19 meet the safety fitness requirements.

20 ‘‘(e) PUBLIC AVAILABILITY; UPDATING OF FITNESS

21 DETERMINATIONS.—The Secretary shall amend the motor

22 carrier safety regulations in subchapter B of chapter III

23 of title 49, Code of Federal Regulations, to establish a

24 system to make readily available to the public, and to up-
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1 date periodically, the safety fitness determinations of

2 motor carriers made by the Secretary.

3 ‘‘(f) PENALTIES.—The Secretary shall prescribe reg4 ulations setting penalties for violations of this section con5 sistent with section 521 of this title.’’.

6 (f) SAFETY FITNESS OF PASSENGER AND HAZARD7 OUS MATERIAL CARRIERS.—

8 (1) IN GENERAL.—Section 5113 is amended—

9 (A) by striking subsection (a) and insert10 ing the following:

11 ‘‘(a) PROHIBITED TRANSPORTATION.—

12 ‘‘(1) A motor carrier that fails to meet the safe13 ty fitness requirements established under subsection

14 31144(a) of this title may not operate a commercial

15 motor vehicle (as defined in section 31132 of this

16 title)—

17 ‘‘(A) to transport hazardous material for

18 which placarding of a motor vehicle is required

19 under regulations prescribed under this chapter;

20 or

21 ‘‘(B) to transport more than 15 individ22 uals.

23 ‘‘(2) The prohibition in paragraph (1) of this

24 subsection applies beginning on the 46th day after

25 the date on which the Secretary determines that a
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1 motor carrier fails to meet the safety fitness require2 ments and applies until the motor carrier meets the

3 safety fitness requirements.’’;

4 (B) by striking ‘‘RATING’’ in the caption of

5 subsection (b) and inserting ‘‘FITNESS’’;

6 (C) by striking ‘‘receiving an unsatisfac7 tory rating’’ in subsection (b) and inserting

8 ‘‘failing to meet the safety fitness require9 ments’’;

10 (D) by striking ‘‘has an unsatisfactory rat11 ing from the Secretary’’ in subsection (c) and

12 inserting ‘‘failed to meet the safety fitness re13 quirements’’; and

14 (E) by striking ‘‘RATINGS’’ in the caption

15 of subsection (d) and inserting ‘‘FITNESS DE16 TERMINATIONS’’;

17 (F) by striking ‘‘, in consultation with the

18 Interstate Commerce Commission,’’ in sub19 section (d); and

20 (G) by striking ‘‘ratings of motor carriers

21 that have unsatisfactory ratings from’’ in sub22 section (d) and inserting ‘‘fitness determina23 tions of motor carriers made by’’.

24 (2) CONFORMING AMENDMENTS.—
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1 (A) The caption of section 5113 of such

2 chapter is amended to read as follows:

3 ‘‘§ 5113. Safety fitness of passenger and hazardous

4 material carriers’’.

5 (B) The chapter analysis for such chapter

6 is amended by striking the item relating to sec7 tion 5113 and inserting the following:

‘‘5113. Safety fitness of passenger and hazardous material carriers.’’.

8 (g) DEFINITIONS.—

9 (1) Section 31101(1) is amended—

10 (A) by inserting ‘‘or gross vehicle weight,

11 whichever is greater,’’ after ‘‘rating’’ in sub12 paragraph (A);

13 (ii) by striking ‘‘10,000’’ and inserting

14 ‘‘10,001’’;

15 (B) by striking subparagraph (B) and in16 serting the following:

17 ‘‘(B) is designed or used to transport pas18 sengers for compensation, but does not include

19 a vehicle providing taxicab service and having a

20 capacity of not more than 6 passengers and not

21 operated on a regular route or between specified

22 places;’’;

23 (C) by inserting ‘‘and transported in a

24 quantity requiring placarding under regulations
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1 prescribed by the Secretary under section

2 5103’’ after ‘‘title’’ in subparagraph (C).

3 (2) Section 31132 is amended—

4 (A) by inserting ‘‘or gross vehicle weight,

5 whichever is greater,’’ after ‘‘rating’’ in para6 graph (1)(A); and

7 (B) by adding at the end of paragraph (3)

8 the following:

9 ‘‘For purposes of this paragraph, the term ‘business

10 affecting interstate commerce’ means a business em11 ploying a commercial motor vehicle in interstate

12 commerce and includes all operations of the business

13 in intrastate commerce which use vehicles otherwise

14 defined as commercial motor vehicles under para15 graph (1) of this section.’’.

16 (h) EMPLOYEE PROTECTIONS.—Not later than 2

17 years after the date of enactment of this Act, the Sec18 retary of Transportation, in conjunction with the Sec19 retary of Labor, shall report to the United States Senate

20 Committee on Commerce, Science, and Transportation

21 and the United States House of Representatives Commit22 tee on Transportation and Infrastructure on the effective23 ness of existing statutory employee protections provided

24 for under section 31105 of title 49, United States Code.

25 The report shall include recommendations to address any
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1 statutory changes as may be necessary to strengthen the

2 enforcement of such employee protection provisions.

3 (i) INSPECTIONS AND REPORTS.—

4 (1) GENERAL POWERS OF THE SECRETARY.—

5 Section 31133(a)(1) is amended by inserting ‘‘and

6 make contracts for’’ after ‘‘conduct’’.

7 (2) REPORTS AND RECORDS.—Section 504(c) is

8 amended by inserting ‘‘(and, in the case of a motor

9 carrier, a contractor)’’ before the second comma.

10 SEC. 512. COMMERCIAL MOTOR VEHICLE OPERATORS.

11 (a) REPEAL OF OBSOLETE GRANT PROGRAMS.—

12 Chapter 313 is amended—

13 (1) by striking sections 31312 and 31313; and

14 (2) by striking the items relating to sections

15 31312 and 31313 in the chapter analysis for that

16 chapter.

17 (b) COMMERCIAL DRIVER’S LICENSE REQUIRE18 MENT.—

19 (1) IN GENERAL.—Section 31302 is amended

20 to read as follows:

21 ‘‘§ 31302. Commercial driver’s license requirement

22 ‘‘No individual shall operate a commercial motor ve23 hicle without a commercial driver’s license issued accord24 ing to section 31308 of this title.’’.

25 (2) CONFORMING AMENDMENTS.—
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1 (A) The chapter analysis for that chapter

2 is amended by striking the item relating to sec3 tion 31302 and inserting the following:

‘‘31302. Commercial driver’s license requirement.’’.

4 (B) Section 31305(a) is amended by redes5 ignating paragraphs (2) through (8) as para6 graphs (3) through (9), respectively, and by in7 serting after paragraph (1) the following:

8 ‘‘(2) may establish performance based testing

9 and licensing standards that more accurately meas10 ure and reflect an individual’s knowledge and skills

11 as an operator;’’.

12 (c) COMMERCIAL DRIVER’S LICENSE INFORMATION

13 SYSTEM.—Section 31309 is amended—

14 (1) by striking ‘‘make an agreement under sub15 section (b) of this section for the operation of, or es16 tablish under subsection (c) of this section,’’ in sub17 section (a) and inserting ‘‘maintain’’;

18 (2) by striking subsections (b) and (c) and re19 designating subsections (d), (e), and (f) as sub20 sections (b), (c), and (d) respectively;

21 (3) by striking ‘‘Not later than December 31,

22 1990, the’’ in paragraph (2) of subsection (b), as re23 designated, and inserting ‘‘The’’; and

24 (4) by inserting after the caption of subsection

25 (c), as redesignated, the following: ‘‘Information
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1 about a driver in the information system may be

2 made available under the following circumstances:’’;

3 and

4 (5) by starting a new paragraph with ‘‘(1) On

5 request’’ and indenting the paragraph 2 ems from

6 the lefthand margin.

7 (d) REQUIREMENTS FOR STATE PARTICIPATION.—

8 Section 31311(a) is amended—

9 (1) by striking ‘‘31310b(b)–(e)’’ in paragraph

10 (15) and inserting ‘‘31310 (b)–(e), and (g)(1)(A)

11 and (2)’’;

12 (2) by striking paragraph (17); and

13 (3) by redesignating paragraph (18) as para14 graph (17).

15 (e) WITHHOLDING AMOUNTS FOR STATE NON16 COMPLIANCE.—Section 31314 is amended—

17 (1) by striking ‘‘, (2), (5), and (6)’’ and insert18 ing ‘‘(3), and (5)’’; and

19 (2) by striking ‘‘1992’’ in subsections (a) and

20 (b) and inserting ‘‘1995’’;

21 (3) by striking paragraph (1) of subsection (c);

22 (4) by striking ‘‘(2)’’ in subsection (c)(2);

23 (5) by striking subsection (d); and

24 (6) by redesignating subsection (e) as sub25 section (d).
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1 (f) COMMERCIAL MOTOR VEHICLE DEFINED.—Sec2 tion 31301 is amended—

3 (1) by inserting ‘‘or gross vehicle weight, which4 ever is greater,’’ after ‘‘rating’’ each place it appears

5 in paragraph (4)(A); and

6 (2) by inserting ‘‘is’’ in paragraph (4)(C)(ii) be7 fore ‘‘transporting’’ each place it appears and before

8 ‘‘not otherwise’’.

9 (g) SAFETY PERFORMANCE HISTORY OF NEW DRIV10 ERS; LIMITATION ON LIABILITY.—

11 (1) IN GENERAL.—Chapter 5 is amended by

12 adding at the end thereof the following:

13 ‘‘§ 508. Safety performance history of new drivers;

14 limitation on liability

15 ‘‘(a) LIMITATION ON LIABILITY.—No action or pro16 ceeding for defamation, invasion of privacy, or interference

17 with a contract that is based on the furnishing or use of

18 safety performance records in accordance with regulations

19 issued by the Secretary may be brought against—

20 ‘‘(1) a motor carrier requesting the safety per21 formance records of an individual under consider22 ation for employment as a commercial motor vehicle

23 driver as required by and in accordance with regula24 tions issued by the Secretary;
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1 ‘‘(2) a person who has complied with such a re2 quest; or

3 ‘‘(3) the agents or insurers of a person de4 scribed in paragraph (1) or (2) of this subsection.

5 ‘‘(b) RESTRICTIONS.—

6 ‘‘(1) Subsection (a) does not apply unless—

7 ‘‘(A) the motor carrier requesting the safe8 ty performance records at issue, the person

9 complying with such a request, and their agents

10 have taken all precautions reasonably necessary

11 to ensure the accuracy of the records and have

12 fully complied with the regulations issued by

13 the Secretary in using and furnishing the

14 records, including the requirement that the in15 dividual who is the subject of the records be af16 forded a reasonable opportunity to review and

17 comment on the records;

18 ‘‘(B) the motor carrier requesting the safe19 ty performance records, the person complying

20 with such a request, their agents, and their in21 surers, have taken all precautions reasonably

22 necessary to protect the records from disclosure

23 to any person, except for their insurers, not di24 rectly involved in forwarding the records or de25 ciding whether to hire that individual; and
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1 ‘‘(C) the motor carrier requesting the safe2 ty performance records has used those records

3 only to assess the safety performance of the in4 dividual who is the subject of those records in

5 deciding whether to hire that individual.

6 ‘‘(2) Subsection (a) does not apply to persons

7 who knowingly furnish false information.

8 ‘‘(c) PREEMPTION OF STATE AND LOCAL LAW.—No

9 State or political subdivision thereof may enact, prescribe,

10 issue, continue in effect, or enforce any law (including any

11 regulation, standard, or other provision having the force

12 and effect of law) that prohibits, penalizes, or imposes li13 ability for furnishing or using safety performance records

14 in accordance with regulations issued by the Secretary.

15 Notwithstanding any provision of law, written authoriza16 tion shall not be required to obtain information on the

17 motor vehicle driving record of an individual under consid18 eration for employment with a motor carrier.’’.

19 (2) CONFORMING AMENDMENT.—The chapter

20 analysis for that chapter is amended by inserting

21 after the item relating to section 507 the following:

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

22 SEC. 515. PENALTIES.

23 (a) NOTIFICATION OF VIOLATIONS AND ENFORCE24 MENT PROCEDURES.—Section 521(b)(1) is amended—
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1 (1) by inserting: ‘‘with the exception of report2 ing and recordkeeping violations,’’ in the first sen3 tence of subparagraph (A) after ‘‘under any of those

4 provisions,’’;

5 (2) by striking ‘‘fix a reasonable time for abate6 ment of the violation,’’ in the third sentence of sub7 paragraph (A);

8 (3) by striking ‘‘(A)’’ in subparagraph (A); and

9 (4) by striking subparagraph (B).

10 (b) CIVIL PENALTIES.—Section 521(b)(2) is amend11 ed—

12 (1) by striking subparagraph (A) and inserting

13 the following:

14 ‘‘(A) IN GENERAL.—Except as otherwise

15 provided in this subsection, any person who is

16 determined by the Secretary, after notice and

17 opportunity for a hearing, to have committed

18 an act which is a violation of regulations issued

19 by the Secretary under subchapter III of chap20 ter 311 (except sections 31137 and 31138) or

21 section 31502 of this title shall be liable to the

22 United States for a civil penalty in an amount

23 not to exceed $10,000 for each offense. Not24 withstanding any other provision of this section

25 (except subparagraph (C)), no civil penalty
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1 shall be assessed under this section against an

2 employee for a violation in an amount exceeding

3 $2,500.’’;

4 (2) by redesignating subparagraphs (B) and

5 (C) as subparagraphs (C) and (D), respectively; and

6 (3) by inserting after subparagraph (A) the fol7 lowing:

8 ‘‘(B) RECORDKEEPING AND REPORTING

9 VIOLATIONS.—

10 ‘‘(i) A person required to make a re11 port to the Secretary, answer a question,

12 or make, prepare, or preserve a record

13 under section 504 of this title or under any

14 regulation issued by the Secretary pursu15 ant to subchapter III of chapter 311 (ex16 cept sections 31137 and 31138) or section

17 31502 of this title about transportation by

18 motor carrier, motor carrier of migrant

19 workers, or motor private carrier, or an of20 ficer, agent, or employee of that person,

21 who—

22 ‘‘(I) does not make that report;

23 ‘‘(II) does not specifically, com24 pletely, and truthfully answer that

25 question in 30 days from the date the
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1 Secretary requires the question to be

2 answered; or

3 ‘‘(III) does not make, prepare, or

4 preserve that record in the form and

5 manner prescribed by the Secretary,

6 shall be liable to the United States for a

7 civil penalty in an amount not to exceed

8 $500 for each offense, and each day of the

9 violation shall constitute a separate of10 fense, except that the total of all civil pen11 alties assessed against any violator for all

12 offenses related to any single violation

13 shall not exceed $5,000.

14 ‘‘(ii) Any such person, or an officer,

15 agent, or employee of that person, who—

16 ‘‘(I) knowingly falsifies, destroys,

17 mutilates, or changes a required re18 port or record;

19 ‘‘(II) knowingly files a false re20 port with the Secretary;

21 ‘‘(III) knowingly makes or causes

22 or permits to be made a false or in23 complete entry in that record about

24 an operation or business fact or trans25 action; or
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1 ‘‘(IV) knowingly makes, prepares,

2 or preserves a record in violation of a

3 regulation or order of the Secretary,

4 shall be liable to the United States for a

5 civil penalty in an amount not to exceed

6 $5,000 for each violation, provided that

7 any such action can be shown to have mis8 represented a fact that constitutes a viola9 tion other than a reporting or record10 keeping violation.’’.

11 SEC. 514. INTERNATIONAL REGISTRATION PLAN AND

12 INTERNATIONAL FUEL TAX AGREEMENT.

13 Chapter 317 is amended—

14 (1) by striking sections 31702, 31703, and

15 31708; and

16 (2) by striking the items relating to sections

17 31702, 31703, and 31708 in the chapter analysis

18 for that chapter.

19 SEC. 515. STUDY OF ADEQUACY OF PARKING FACILITIES.

20 The Secretary shall conduct studies to determine the

21 location and quantity of parking facilities at commercial

22 truck stops and travel plazas and public rest areas that

23 could be used by motor carriers to comply with Federal

24 hours-of-service rules. Each study shall include an inven25 tory of current facilities serving corridors of the National
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1 Highway System, analyze where specific shortages exist

2 or are projected to exist, and propose a specific plan to

3 reduce the shortages. The studies may be carried out in

4 cooperation with research entities representing the motor

5 carrier and travel plaza industry.

6 SEC. 516. NATIONAL MINIMUM DRINKING AGE—TECHNICAL

7 CORRECTIONS.

8 Section 158 of title 23, United States Code, is

9 amended—

10 (1) by striking ‘‘104(b)(2), 104(b)(5), and

11 104(b)(6)’’ each place it appears in subsection (a)

12 and inserting ‘‘104(b)(3), and 104(b)(5)(B)’’; and

13 (2) by striking subsection (b) and inserting the

14 following:

15 ‘‘(b) AVAILABILITY OF WITHHELD FUNDS.—No

16 funds withheld under this section from apportionment to

17 any State after September 31, 1988, shall be available for

18 apportionment to such State.’’.

19 SEC. 517. APPLICATION OF REGULATIONS.

20 (a) APPLICATION OF REGULATIONS TO CERTAIN

21 COMMERCIAL MOTOR VEHICLES.—Section 31135 as re22 designated, is amended by adding at the end thereof the

23 following:

24 ‘‘(g) APPLICATION TO CERTAIN VEHICLES.—Effec25 tive 6 months after the date of enactment of the Inter-
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1 modal Transportation Safety Act of 1997, regulations pre2 scribed under this section shall apply to operators of com3 mercial motor vehicles described in section 31132(1)(B)

4 to the extent that those regulations did not apply to those

5 operators before the day that is 6 months after such date

6 of enactment.’’.

7 (b) DEFINITION.—Section 31301(4)(B) is amended

8 to read as follows:

9 ‘‘(B) is designed or used to transport—

10 ‘‘(i) passengers for compensation, but

11 does not include a vehicle providing taxicab

12 service and having a capacity of not more

13 than 6 passengers and not operated on a

14 regular route or between specified places;

15 or

16 ‘‘(ii) more than 15 passengers, includ17 ing the driver, and not used to transport

18 passengers for compensation; or’’.

19 (c) APPLICATION OF REGULATIONS TO CERTAIN OP20 ERATORS.—

21 (1) Chapter 313 is amended by adding at the

22 end thereof the following:
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1 ‘‘§ 31318. Application of regulations to certain opera2 tors

3 ‘‘Effective 1 year after the date of enactment of the

4 Intermodal Transportation Safety Act of 1997, regula5 tions prescribed under this chapter shall apply to opera6 tors of commercial motor vehicles described in section

7 31301(4)(B) to the extent that those regulations did not

8 apply to those operators before the day that is 1 year after

9 such date of enactment.’’.

10 SEC. 518. AUTHORITY OVER CHARTER BUS TRANSPOR11 TATION.

12 Section 14501(a) is amended—

13 (1) by striking ‘‘route or relating’’ and inserting

14 ‘‘route;’’; and

15 (2) by striking ‘‘required.’’ and inserting ‘‘re16 quired; or to the authority to provide intrastate or

17 interstate charter bus transportation.’’.

18 SEC. 519. FEDERAL MOTOR CARRIER SAFETY INVESTIGA19 TIONS.

20 The Department of Transportation shall maintain

21 the level of Federal motor carrier safety investigators as

22 in effect on September 30, 1997, or provide for alternative

23 resources and mechanisms to ensure an equivalent level

24 of commercial motor vehicle safety inspections. Such funds

25 as are necessary to carry out this section shall be made
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1 available within the limitation on general operating ex2 penses of the Department of Transportation.

3 SEC. 520. FOREIGN MOTOR CARRIER SAFETY FITNESS.

4 (a) IN GENERAL.—No later than 90 days after enact5 ment of this Act, the Secretary of Transportation shall

6 make a determination regarding the willingness and ability

7 of any foreign motor carrier that applied to operate in the

8 United States prior to January 1, 1996, to meet the safety

9 fitness and other regulatory requirements under this title.

10 The Secretary shall notify each carrier of the determina11 tion.

12 (b) REPORT.—One year after the date of enactment

13 this Act, the Secretary of Transportation shall submit a

14 report to the Senate Commerce, Science, and Transpor15 tation Committee and the House Transportation and In16 frastructure Committee on the application of section

17 13902(c)(9) of title 49, United States Code. The report

18 shall include—

19 (1) information on which carriers have applied

20 to the Department of Transportation under that sec21 tion;

22 (2) a description of the process utilized to re23 spond to such applications and to certify the safety

24 fitness of those carriers; and
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1 (3) a description of performance-based meas2 urements that have been used, or are proposed, to

3 ensure the prompt and accurate registration of such

4 foreign motor carriers.

5 SEC. 521. COMMERCIAL MOTOR VEHICLE SAFETY ADVI6 SORY COMMITTEE.

7 (a) ESTABLISHMENT.—The Secretary of Transpor8 tation may establish a Commercial Motor Vehicle Safety

9 Advisory Committee to provide advice and recommenda10 tions on a range of regulatory issues. The members of the

11 advisory committee shall be appointed by the Secretary

12 from among individuals affected by rulemakings under

13 consideration by the Department of Transportation.

14 (b) FUNCTION.—The Advisory Committee estab15 lished under subsection (a) shall provide advice to the Sec16 retary on commercial motor vehicle safety regulations and

17 assist the Secretary in timely completion of ongoing

18 rulemakings by utilizing negotiated rulemaking proce19 dures.

20 SEC. 522. WAIVERS AND PILOT PROGRAMS.

21 Section 31315 is amended—

22 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

23 ‘‘After notice’’; and

24 (2) by adding at the end thereof the following:

25 ‘‘(b) PILOT PROGRAMS.—
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1 ‘‘(1) IN GENERAL.—In carrying out this sec2 tion, the Secretary is authorized to carry out pilot

3 programs to examine innovative approaches or alter4 natives to regulations issued under this title.

5 ‘‘(2) REQUIREMENT FOR APPROVAL.—In carry6 ing out a pilot project under this subsection, the

7 Secretary shall require, as a condition of approval of

8 the project, that the safety measures in the project

9 are designed to achieve a level of safety that is

10 equivalent to, or greater than, the level of safety

11 that would otherwise be achieved through compliance

12 with the standards prescribed under this title.

13 ‘‘(3) EXEMPTIONS.—A pilot project under this

14 subsection—

15 ‘‘(A) may exempt a motor carrier under

16 the project from any requirement (or portion

17 thereof) imposed under this subtitle; and

18 ‘‘(B) shall preempt any State or local regu19 lation that conflicts with the pilot project dur20 ing the time the pilot project is in effect.

21 ‘‘(4) REVOCATION OF EXEMPTION.—The Sec22 retary shall revoke an exemption granted under

23 paragraph (3) if—
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1 ‘‘(A) the motor carrier to which it applies

2 fails to comply with the terms and conditions of

3 the exemption; or

4 ‘‘(B) the Secretary determines that the ex5 emption has resulted in a lower level of safety

6 than was maintained before the exemption was

7 granted.

8 TITLE VI—RAIL AND MASS

9 TRANSPORTATION ANTI-TER10 RORISM; SAFETY

11 SEC. 601. PURPOSE.

12 The purpose of this title is to protect the passengers

13 and employees of railroad carriers and mass transpor14 tation systems and the movement of freight by railroad

15 from terrorist attacks.

16 SEC. 602. AMENDMENTS TO THE ‘‘WRECKING TRAINS’’

17 STATUTE.

18 (a) Section 1992 of title 18, United States Code, is

19 amended to read as follows:

20 ‘‘§ 1992. Terrorist attacks against railroads

21 ‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully—

22 ‘‘(1) wrecks, derails, sets fire to, or disables any

23 train, locomotive, motor unit, or freight or passenger

24 car used, operated, or employed by a railroad car25 rier;
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1 ‘‘(2) brings, carries, possesses, places or causes

2 to be placed any destructive substance, or destruc3 tive device in, upon, or near any train, locomotive,

4 motor unit, or freight or passenger car used, oper5 ated, or employed by a railroad carrier, without pre6 viously obtaining the permission of the carrier, and

7 with intent to endanger the safety of any passenger

8 or employee of the carrier, or with a reckless dis9 regard for the safety of human life;

10 ‘‘(3) sets fire to, or places any destructive sub11 stance, or destructive device in, upon or near, or un12 dermines any tunnel, bridge, viaduct, trestle, track,

13 signal, station, depot, warehouse, terminal, or any

14 other way, structure, property, or appurtenance used

15 in the operation of, or in support of the operation

16 of, a railroad carrier, or otherwise makes any such

17 tunnel, bridge, viaduct, trestle, track, station, depot,

18 warehouse, terminal, or any other way, structure,

19 property, or appurtenance unworkable or unusable

20 or hazardous to work or use, knowing or having rea21 son to know such activity would likely derail, disable,

22 or wreck a train, locomotive, motor unit, or freight

23 or passenger car used, operated, or employed by a

24 railroad carrier;
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1 ‘‘(4) removes appurtenances from, damages, or

2 otherwise impairs the operation of any railroad sig3 nal system, including a train control system, central4 ized dispatching system, or highway-railroad grade

5 crossing warning signal on a railroad line used, op6 erated, or employed by a railroad carrier;

7 ‘‘(5) interferes with, disables or incapacitates

8 any locomotive engineer, conductor, or other person

9 while they are operating or maintaining a train, lo10 comotive, motor unit, or freight or passenger car

11 used, operated, or employed by a railroad carrier,

12 with intent to endanger the safety of any passenger

13 or employee of the carrier, or with a reckless dis14 regard for the safety of human life;

15 ‘‘(6) commits an act intended to cause death or

16 serious bodily injury to an employee or passenger of

17 a railroad carrier while on the property of the car18 rier;

19 ‘‘(7) causes the release of a hazardous material

20 being transported by a rail freight car, with the in21 tent to endanger the safety of any person, or with

22 a reckless disregard for the safety of human life;

23 ‘‘(8) conveys or causes to be conveyed false in24 formation, knowing the information to be false, con25 cerning an attempt or alleged attempt being made or
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1 to be made, to do any act which would be a crime

2 prohibited by this subsection; or

3 ‘‘(9) attempts, threatens, or conspires to do any

4 of the aforesaid acts,

5 shall be fined under this title or imprisoned not more than

6 twenty years, or both, if such act is committed, or in the

7 case of a threat or conspiracy such act would be commit8 ted, within the United States on, against, or affecting a

9 railroad carrier engaged in or affecting interstate or for10 eign commerce, or if in the course of committing such acts,

11 that person travels or communicates across a State line

12 in order to commit such acts, or transports materials

13 across a State line in aid of the commission of such acts;

14 Provided however, that whoever is convicted of any crime

15 prohibited by this subsection shall be:

16 ‘‘(A) imprisoned for not less than thirty

17 years or for life if the railroad train involved

18 carried high-level radioactive waste or spent nu19 clear fuel at the time of the offense;

20 ‘‘(B) imprisoned for life if the railroad

21 train involved was carrying passengers at the

22 time of the offense; and

23 ‘‘(C) imprisoned for life or sentenced to

24 death if the offense has resulted in the death of

25 any person.
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1 ‘‘(b) PROHIBITIONS ON THE USE OF FIREARMS AND

2 DANGEROUS WEAPONS.—

3 ‘‘(1) Except as provided in paragraph (4), who4 ever knowingly possesses or causes to be present any

5 firearm or other dangerous weapon on board a pas6 senger train of a railroad carrier, or attempts to do

7 so, shall be fined under this title or imprisoned not

8 more than one year, or both, if such act is commit9 ted on a railroad carrier that is engaged in or affect10 ing interstate or foreign commerce, or if in the

11 course of committing such act, that person travels or

12 communicates across a State line in order to commit

13 such act, or transports materials across a State line

14 in aid of the commission of such act.

15 ‘‘(2) Whoever, with intent that a firearm or

16 other dangerous weapon be used in the commission

17 of a crime, knowingly possesses or causes to be

18 present such firearm or dangerous weapon on board

19 a passenger train or in a passenger terminal facility

20 of a railroad carrier, or attempts to do so, shall be

21 fined under this title or imprisoned not more than

22 5 years, or both, if such act is committed on a rail23 road carrier that is engaged in or affecting inter24 state or foreign commerce, or if in the course of

25 committing such act, that person travels or commu-
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1 nicates across a State line in order to commit such

2 act, or transports materials across a State line in

3 aid of the commission of such act.

4 ‘‘(3) A person who kills or attempts to kill a

5 person in the course of a violation of paragraphs (1)

6 or (2), or in the course of an attack on a passenger

7 train or a passenger terminal facility of a railroad

8 carrier involving the use of a firearm or other dan9 gerous weapon, shall be punished as provided in sec10 tions 1111, 1112, and 1113 of this title.

11 ‘‘(4) Paragraph (1) shall not apply to:

12 ‘‘(A) the possession of a firearm or other

13 dangerous weapon by an officer, agent, or em14 ployee of the United States, a State, or a politi15 cal subdivision thereof, while engaged in the

16 lawful performance of official duties, who is au17 thorized by law to engage in the transportation

18 of people accused or convicted of crimes, or su19 pervise the prevention, detection, investigation,

20 or prosecution of any violation of law;

21 ‘‘(B) the possession of a firearm or other

22 dangerous weapon by an officer, agent, or em23 ployee of the United States, a State, or a politi24 cal subdivision thereof, while off duty, if such

25 possession is authorized by law;
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1 ‘‘(C) the possession of a firearm or other

2 dangerous weapon by a Federal official or a

3 member of the Armed Forces if such possession

4 is authorized by law; or

5 ‘‘(D) an individual transporting a firearm

6 on board a railroad passenger train (except a

7 loaded firearm) in baggage not accessible to any

8 passenger on board the train, if the railroad

9 carrier was informed of the presence of the

10 weapon prior to the firearm being placed on

11 board the train.

12 ‘‘(c) PROHIBITION AGAINST PROPELLING OB13 JECTS.—Whoever willfully or recklessly throws, shoots, or

14 propels a rock, stone, brick, or piece of iron, steel, or other

15 metal or any deadly or dangerous object or destructive

16 substance at any locomotive or car of a train, knowing

17 or having reason to know such activity would likely cause

18 personal injury, shall be fined under this title or impris19 oned for not more than 5 years, or both, if such act is

20 committed on or against a railroad carrier engaged in or

21 affecting interstate or foreign commerce, or if in the

22 course of committing such act, that person travels or com23 municates across a State line in order to commit such act,

24 or transports materials across a State line in aid of the

25 commission of such act. Whoever is convicted of any crime
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1 prohibited by this subsection shall also be subject to im2 prisonment for not more than twenty years if the offense

3 has resulted in the death of any person.

4 ‘‘(d) DEFINITIONS.—In this section—

5 ‘‘(1) ‘dangerous device’ has the meaning given

6 to that term in section 921(a)(4) of this title;

7 ‘‘(2) ‘dangerous weapon’ has the meaning given

8 to that term in section 930 of this title;

9 ‘‘(3) ‘destructive substance’ has the meaning

10 given to that term in section 31 of this title, except

11 that (A) the term ‘radioactive device’ does not in12 clude any radioactive device or material used solely

13 for medical, industrial, research, or other peaceful

14 purposes, and (B) ‘destructive substance’ includes

15 any radioactive device or material that can be used

16 to cause a harm listed in subsection (a) and that is

17 not in use solely for medical, industrial, research, or

18 other peaceful purposes;

19 ‘‘(4) ‘firearm’ has the meaning given to that

20 term in section 921 of this title;

21 ‘‘(5) ‘hazardous material’ has the meaning

22 given to that term in section 5102(2) of title 49,

23 United States Code;
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1 ‘‘(6) ‘high-level radioactive waste’ has the

2 meaning given to that term in section 10101(12) of

3 title 42, United States Code;

4 ‘‘(7) ‘railroad’ has the meaning given to that

5 term in section 20102(1) of title 49, United States

6 Code;

7 ‘‘(8) ‘railroad carrier’ has the meaning given to

8 that term in section 20102(2) of title 49, United

9 States Code;

10 ‘‘(9) ‘serious bodily injury’ has the meaning

11 given to that term in section 1365 of this title;

12 ‘‘(10) ‘spent nuclear fuel’ has the meaning

13 given to that term in section 10101(23) of title 42,

14 United States Code; and

15 ‘‘(11) ‘State’ has the meaning given to that

16 term in section 2266 of this title.’’.

17 (b) In the analysis of chapter 97 of title 18, United

18 States Code, item ‘‘1992’’ is amended to read:

‘‘1992. Terrorist attacks against railroads.’’.

19 SEC. 603. TERRORIST ATTACKS AGAINST MASS TRANSPOR20 TATION.

21 (a) Chapter 97 of title 18, United States Code, is

22 amended by adding at the end thereof the following new

23 section:

24 ‘‘§ 1994. Terrorist attacks against mass transportation

25 ‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully—
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1 ‘‘(1) wrecks, derails, sets fire to, or disables a

2 mass transportation vehicle or vessel;

3 ‘‘(2) places or causes to be placed any destruc4 tive substance in, upon, or near a mass transpor5 tation vehicle or vessel, without previously obtaining

6 the permission of the mass transportation provider,

7 and with intent to endanger the safety of any pas8 senger or employee of the mass transportation pro9 vider, or with a reckless disregard for the safety of

10 human life;

11 ‘‘(3) sets fire to, or places any destructive sub12 stance in, upon, or near any garage, terminal, struc13 ture, supply, or facility used in the operation of, or

14 in support of the operation of, a mass transportation

15 vehicle, knowing or having reason to know such ac16 tivity would likely derail, disable, or wreck a mass

17 transportation vehicle used, operated, or employed

18 by a mass transportation provider;

19 ‘‘(4) removes appurtenances from, damages, or

20 otherwise impairs the operation of a mass transpor21 tation signal system, including a train control sys22 tem, centralized dispatching system, or rail grade

23 crossing warning signal;

24 ‘‘(5) interferes with, disables or incapacitates

25 any driver or person while they are employed in op-
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1 erating or maintaining a mass transportation vehicle

2 or vessel, with intent to endanger the safety of any

3 passenger or employee of the mass transportation

4 provider, or with a reckless disregard for the safety

5 of human life;

6 ‘‘(6) commits an act intended to cause death or

7 serious bodily injury to an employee or passenger of

8 a mass transportation provider on the property of a

9 mass transportation provider;

10 ‘‘(7) conveys or causes to be conveyed false in11 formation, knowing the information to be false, con12 cerning an attempt or alleged attempt being made or

13 to be made, to do any act which would be a crime

14 prohibited by this subsection; or

15 ‘‘(8) attempts, threatens, or conspires to do any

16 of the aforesaid acts—shall be fined under this title

17 or imprisoned not more than twenty years, or both,

18 if such act is committed, or in the case of a threat

19 or conspiracy such act would be committed, within

20 the United States on, against, or affecting a mass

21 transportation provider engaged in or affecting

22 interstate or foreign commerce, or if in the course

23 of committing such act, that person travels or com24 municates across a State line in order to commit

25 such act, or transports materials across a State line
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1 in aid of the commission of such act. Whoever is

2 convicted of a crime prohibited by this section shall

3 also be subject to imprisonment for life if the mass

4 transportation vehicle or vessel was carrying a pas5 senger at the time of the offense, and imprisonment

6 for life or sentenced to death if the offense has re7 sulted in the death of any person.

8 ‘‘(b) PROHIBITIONS ON THE USE OF FIREARMS AND

9 DANGEROUS WEAPONS.—

10 ‘‘(1) Except as provided in paragraph (4), who11 ever knowingly possesses or causes to be present any

12 firearm or other dangerous weapon on board a mass

13 transportation vehicle or vessel, or attempts to do

14 so, shall be fined under this title or imprisoned not

15 more than one year, or both, if such act is commit16 ted on a mass transportation provider engaged in or

17 affecting interstate or foreign commerce, or if in the

18 course of committing such act, that person travels or

19 communicates across a State line in order to commit

20 such act, or transports materials across a State line

21 in aid of the commission of such act.

22 ‘‘(2) Whoever, with intent that a firearm or

23 other dangerous weapon be used in the commission

24 of a crime, knowingly possesses or causes to be

25 present such firearm or dangerous weapon on board
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1 a mass transportation vehicle or vessel, or in a mass

2 transportation passenger terminal facility, or at3 tempts to do so, shall be fined under this title, or

4 imprisoned not more than 5 years, or both, if such

5 act is committed on a mass transportation provider

6 engaged in or affecting interstate or foreign com7 merce, or if in the course of committing such act,

8 that person travels or communicates across a State

9 line in order to commit such act, or transports mate10 rials across a State line in aid of the commission of

11 such act.

12 ‘‘(3) A person who kills or attempts to kill a

13 person in the course of a violation of paragraphs (1)

14 or (2), or in the course of an attack on a mass

15 transportation vehicle or vessel, or a mass transpor16 tation passenger terminal facility involving the use

17 of a firearm or other dangerous weapon, shall be

18 punished as provided in sections 1111, 1112, and

19 1113 of this title.

20 ‘‘(4) Paragraph (1) shall not apply to:

21 ‘‘(A) the possession of a firearm or other

22 dangerous weapon by an officer, agent, or em23 ployee of the United States, a State, or a politi24 cal subdivision thereof, while engaged in the

25 lawful performance of official duties, who is au-
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•S 1267 IS

1 thorized by law to engage in the transportation

2 of people accused or convicted of crimes, or su3 pervise the prevention, detection, investigation,

4 or prosecution of any violation of law;

5 ‘‘(B) the possession of a firearm or other

6 dangerous weapon by an officer, agent, or em7 ployee of the United States, a State, or a politi8 cal subdivision thereof, while off duty, if such

9 possession is authorized by law;

10 ‘‘(C) the possession of a firearm or other

11 dangerous weapon by a Federal official or a

12 member of the Armed Forces if such possession

13 is authorized by law; or

14 ‘‘(D) an individual transporting a firearm

15 on board a mass transportation vehicle or vessel

16 (except a loaded firearm) in baggage not acces17 sible to any passenger on board the vehicle or

18 vessel, if the mass transportation provider was

19 informed of the presence of the weapon prior to

20 the firearm being placed on board the vehicle or

21 vessel.

22 ‘‘(c) PROHIBITION AGAINST PROPELLING OB23 JECTS.—Whoever willfully or recklessly throws, shoots, or

24 propels a rock, stone, brick, or piece of iron, steel, or other

25 metal or any deadly or dangerous object or destructive
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•S 1267 IS

1 substance at any mass transportation vehicle or vessel,

2 knowing or having reason to know such activity would like3 ly cause personal injury, shall be fined under this title or

4 imprisoned for not more than 5 years, or both, if such

5 act is committed on or against a mass transportation pro6 vider engaged in or substantially affecting interstate or

7 foreign commerce, or if in the course of committing such

8 acts, that person travels or communicates across a State

9 line in order to commit such acts, or transports materials

10 across a State line in aid of the commission of such acts.

11 Whoever is convicted of any crime prohibited by this sub12 section shall also be subject to imprisonment for not more

13 than twenty years if the offense has resulted in the death

14 of any person.

15 ‘‘(d) DEFINITIONS.—In this section—

16 ‘‘(1) ‘dangerous device’ has the meaning given

17 to that term in section 921(a)(4) of this title;

18 ‘‘(2) ‘dangerous weapon’ has the meaning given

19 to that term in section 930 of this title;

20 ‘‘(3) ‘destructive substance’ has the meaning

21 given to that term in section 31 of this title, except

22 that (A) the term ‘radioactive device’ does not in23 clude any radioactive device or material used solely

24 for medical, industrial, research, or other peaceful

25 purposes, and (B) ‘destructive substance’ includes
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1 any radioactive device or material that can be used

2 to cause a harm listed in subsection (a) and that is

3 not in use solely for medical, industrial, research, or

4 other peaceful purposes;

5 ‘‘(4) ‘firearm’ has the meaning given to that

6 term in section 921 of this title;

7 ‘‘(5) ‘mass transportation’ has the meaning

8 given to that term in section 5302(a)(7) of title 49,

9 United States Code, except that the term shall in10 clude schoolbus, charter, and sightseeing transpor11 tation;

12 ‘‘(6) ‘serious bodily injury’ has the meaning

13 given to that term in section 1365 of this title; and

14 ‘‘(7) ‘State’ has the meaning given to that term

15 in section 2266 of this title.’’.

16 (b) The analysis of chapter 97 of title 18, United

17 States Code, is amended by adding at the end thereof:

‘‘1994. Terrorist attacks against mass transportation.’’.

18 SEC. 604. INVESTIGATIVE JURISDICTION.

19 The Federal Bureau of Investigation shall lead the

20 investigation of all offenses under sections 1192 and 1994

21 of title 18, United States Code. The Federal Bureau of

22 Investigation shall cooperate with the National Transpor23 tation Safety Board and with the Department of Trans24 portation in safety investigations by these agencies, and

25 with the Treasury Department’s Bureau of Alcohol, To-
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•S 1267 IS

1 bacco and Firearms concerning an investigation regarding

2 the possession of firearms and explosives.

3 SEC. 605. SAFETY CONSIDERATIONS IN GRANTS OR LOANS

4 TO COMMUTER RAILROADS.

5 Section 5329 is amended by adding at the end the

6 following:

7 ‘‘(c) COMMUTER RAILROAD SAFETY CONSIDER8 ATIONS.—In making a grant or loan under this chapter

9 that concerns a railroad subject to the Secretary’s railroad

10 safety jurisdiction under section 20102 of this title, the

11 Federal Transit Administrator shall consult with the Fed12 eral Railroad Administrator concerning relevant safety is13 sues. The Secretary may use appropriate authority under

14 this chapter, including the authority to prescribe particu15 lar terms or covenants under section 5334 of this title,

16 to address any safety issues identified in the project sup17 ported by the loan or grant.’’.

18 SEC. 606. RAILROAD ACCIDENT AND INCIDENT REPORTING.

19 Section 20901(a) is amended to read as follows:

20 ‘‘(a) GENERAL REQUIREMENTS.—On a periodic basis

21 as specified by the Secretary of Transportation, a railroad

22 carrier shall file a report with the Secretary on all acci23 dents and incidents resulting in injury or death to an indi24 vidual or damage to equipment or a roadbed arising from

25 the carrier’s operations during that period. The report
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•S 1267 IS

1 shall state the nature, cause, and circumstances of each

2 reported accident or incident. If a railroad carrier assigns

3 human error as a cause, the report shall include, at the

4 option of each employee whose error is alleged, a state5 ment by the employee explaining any factors the employee

6 alleges contributed to the accident or incident.’’.

7 SEC. 607. VEHICLE WEIGHT LIMITATIONS—MASS TRANS8 PORTATION BUSES.

9 Section 1023(h)(1) of the Intermodal Surface Trans10 portation Efficiency Act of 1991, as amended (23 U.S.C.

11 127 note), is amended by striking ‘‘the date on which’’

12 and all that follows through ‘‘1995’’ and inserting ‘‘Janu13 ary 1, 2003’’.

Æ