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fic records needs and goals, and that identi-
fies performance-based measures by which
progress toward those goals will be deter-
mined; or
‘‘(B) provides, to the satisfaction of the Sec-
retary—
‘‘(i) certification that it has met the
provisions outlined in clauses (i) and (ii) of
subparagraph (A);
‘‘(ii) a multiyear plan that identifies
and prioritizes the State’s highway safety
data and traffic records needs and goals,
that specifies how its incentive funds for the
fiscal year will be used to address those
needs and the goals of the plan, and that
identifies performance-based measures by
which progress toward those goals will be
determined; and
‘‘(iii) certification that the Highway
Safety Data and Traffic Records Coordinat-
ing Committee continues to operate and
supports the multiyear plan described in
clause (ii).
‘‘(2) FIRST-YEAR GRANT AMOUNT.—The amount
of a first-year grant made for State highway safety
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data and traffic records improvements for any fiscal
year to any State eligible for such a grant under
paragraph (1)(A) shall equal $1,000,000, subject to
the availability of appropriations, and for any State
eligible for such a grant under paragraph (1)(B) of
this subsection shall equal a proportional amount of
the amount apportioned to the State for fiscal year
1997 under section 402, except that no State shall re-
ceive less than $250,000, subject to the availability of
appropriations. The Secretary may award a grant of
up to $25,000 for 1 year to any State that does not
meet the criteria established in paragraph (1). The
grant may only be used to conduct activities needed
to enable that State to qualify for first-year funding
to begin in the next fiscal year.
‘‘(3) STATE HIGHWAY SAFETY DATA AND TRAF-
FIC
RECORDS
IMPROVEMENTS; 
SUCCEEDING-YEAR
GRANTS.—A State shall be eligible for a grant in any
fiscal year succeeding the first fiscal year in which
the State receives a State highway safety data and
traffic records grant if the State, to the satisfaction
of the Secretary:
‘‘(A) Submits or updates a multiyear plan
that identifies and prioritizes the State’s high-
way safety data and traffic records needs and
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goals, that specifies how its incentive funds for
the fiscal year will be used to address those needs
and the goals of the plan, and that identifies
performance-based measures by which progress
toward those goals will be determined.
‘‘(B) Certifies that its Highway Safety
Data and Traffic Records Coordinating Commit-
tee continues to support the multiyear plan.
‘‘(C) Reports annually on its progress in
implementing the multi-year plan.
‘‘(4) SUCCEEDING-YEAR GRANT AMOUNTS.—The
amount of a succeeding-year grant made for State
highway safety data and traffic records improvements
for any fiscal year to any State that is eligible for
such a grant shall equal a proportional amount of the
amount apportioned to the State for fiscal year 1997
under section 402, except that no State shall receive
less than $225,000, subject to the availability of ap-
propriations.’’.
(g) OCCUPANT PROTECTION PROGRAM.—
(1) IN
GENERAL.—Section 410 of title 23,
United States Code, is amended to read as follows:
‘‘§ 410. Safety belts and occupant protection programs
‘‘(a) IN GENERAL.—The Secretary shall make basic
grants to those States that adopt and implement effective
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programs to reduce highway deaths and injuries resulting
from persons riding unrestrained or improperly restrained
in motor vehicles. A State may establish its eligibility for
1 or both of the grants by adopting or demonstrating the
following to the satisfaction of the Secretary:
‘‘(1) BASIC GRANT A.—At least 4 of the follow-
ing:
‘‘(A) SAFETY
BELT
USE
LAW
FOR
ALL
FRONT SEAT OCCUPANTS.—The State has in ef-
fect a safety belt use law that makes unlawful
throughout the State the operation of a passenger
motor vehicle whenever a person in the front seat
of the vehicle (other than a child who is secured
in a child restraint system) does not have a safe-
ty belt properly secured about the person’s body.
‘‘(B) PRIMARY SAFETY BELT USE LAW.—
The State provides for primary enforcement of
its safety belt use law.
‘‘(C) CHILD PASSENGER PROTECTION LAW;
PUBLIC AWARENESS PROGRAM.—The State has
in effect—
‘‘(i) a law that requires minors who
are riding in a passenger motor vehicle to
be properly secured in a child safety seat or
other appropriate restraint system; and
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‘‘(ii) an effective public awareness pro-
gram that advocates placing passengers
under the age of 13 in the back seat of a
motor vehicle equipped with a passenger-
side air bag whenever possible.
‘‘(D) CHILD OCCUPANT PROTECTION EDU-
CATION PROGRAM.—The State demonstrates im-
plementation of a statewide comprehensive child
occupant protection education program that in-
cludes education about proper seating positions
for children in air bag equipped motor vehicles
and instruction on how to reduce the improper
use of child restraints systems. The States are to
submit to the Secretary an evaluation or report
on the effectiveness of the programs at least 3
years after receipt of the grant.
‘‘(E) MINIMUM FINES.—The State requires
a minimum fine of at least $25 for violations of
its safety belt use law and a minimum fine of
at least $25 for violations of its child passenger
protection law.
‘‘(F) SPECIAL TRAFFIC ENFORCEMENT PRO-
GRAM.—The State demonstrates implementation
of a statewide Special Traffic Enforcement Pro-
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gram for occupant protection that emphasizes
publicity for the program.
‘‘(2) BASIC GRANT B.—Both of the following:
‘‘(A) STATE SAFETY BELT USE RATE.—The
State demonstrates a statewide safety belt use
rate in both front outboard seating positions in
all passenger motor vehicles of 80 percent or
higher in each of the first 3 years a grant under
this paragraph is received, and of 85 percent or
higher in each of the fourth, fifth, and sixth
years a grant under this paragraph is received.
‘‘(B) SURVEY METHOD.—The State follows
safety belt use survey methods which conform to
guidelines issued by the Secretary ensuring that
such measurements are accurate and representa-
tive.
‘‘(3) BASIC
GRANT
AMOUNT.—The amount of
each basic grant for which a State qualifies under
this subsection for any fiscal year shall equal up to
20 percent of the amount apportioned to the State for
fiscal year 1997 under section 402.
‘‘(4) OCCUPANT PROTECTION PROGRAM: SUPPLE-
MENTAL
GRANTS.—During the period in which a
State is eligible for a basic grant under this sub-
section, the State shall be eligible to receive a supple-
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mental grant in a fiscal year of up to 5 percent of
the amount apportioned to the State in fiscal year
1997 under section 402. The State may receive a sep-
arate supplemental grant for meeting each of the fol-
lowing criteria:
‘‘(A) PENALTY POINTS AGAINST A DRIVER’S
LICENSE FOR VIOLATIONS OF CHILD PASSENGER
PROTECTION REQUIREMENTS.—The State has in
effect a law that requires the imposition of pen-
alty points against a driver’s license for viola-
tions of child passenger protection requirements.
‘‘(B) ELIMINATION OF NONMEDICAL EXEMP-
TIONS TO SAFETY BELT AND CHILD PASSENGER
PROTECTION LAWS.—The State has in effect safe-
ty belt and child passenger protection laws that
contain no nonmedical exemptions.
‘‘(C) SAFETY BELT USE IN REAR SEATS.—
The State has in effect a law that requires safety
belt use by all rear-seat passengers in all pas-
senger motor vehicles with a rear seat.
‘‘(5) DEFINITIONS.—As used in this subsection,
the term—
‘‘(A) ‘child safety seat’ means any device ex-
cept safety belts, designed for use in a motor ve-
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hicle to restrain, seat, or position children who
weigh 50 pounds or less;
‘‘(B) ‘motor vehicle’ means a vehicle driven
or drawn by mechanical power and manufac-
tured primarily for use on public streets, roads,
and highways, but does not include a vehicle op-
erated only on a rail line;
‘‘(C) ‘multipurpose passenger vehicle’ means
a motor vehicle with motive power (except a
trailer), designed to carry not more than 10 in-
dividuals, that is constructed either on a truck
chassis or with special features for occasional off-
road operation;
‘‘(D) ‘passenger car’ means a motor vehicle
with motive power (except a multipurpose pas-
senger vehicle, motorcycle, or trailer) designed to
carry not more than 10 individuals.
‘‘(E) ‘passenger motor vehicle’ means a pas-
senger car or a multipurpose passenger motor ve-
hicle; and
‘‘(F) ‘safety belt’ means—
‘‘(i) with respect to open-body pas-
senger vehicles, including convertibles, an
occupant restraint system consisting of a
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lap belt or a lap belt and a detachable
shoulder belt; and
‘‘(ii) with respect to other passenger ve-
hicles, an occupant restraint system consist-
ing of integrated lap and shoulder belts.
‘‘(b) CHILD
OCCUPANT
PROTECTION
EDUCATION
GRANTS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) COVERED CHILD OCCUPANT PROTEC-
TION EDUCATION PROGRAM.—The term ‘covered
child occupant protection education program’
means a program described in subsection
(a)(1)(D).
‘‘(B) COVERED STATE.—The term ‘covered
State’ means a State that demonstrates the im-
plementation of a program described in sub-
section (a)(1)(D).
‘‘(2) CHILD PASSENGER EDUCATION.—
‘‘(A) GRANTS.—
‘‘(i) IN
GENERAL.—Subject to the
availability of appropriations, the Secretary
may make a grant to a covered State that
submits an application, in such form and
manner as the Secretary may prescribe,
that is approved by the Secretary to carry
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out the activities specified in subparagraph
(B) through—
‘‘(I) the covered child occupant
protection program of the State; and
‘‘(II) at the option of the State, a
grant program established by the State
to provide for the carrying out of 1 or
more of the activities specified in sub-
paragraph (B) by a political subdivi-
sion of the State or an appropriate
private entity.
‘‘(ii) GRANT AWARDS.—The Secretary
may make a grant under this subsection
without regard to whether a covered State is
eligible to receive, or has received, a grant
under subsection (a).
‘‘(B) USE OF FUNDS.—Funds provided to a
State under a grant under this subsection shall
be used to implement child restraint programs
that—
‘‘(i) are designed to prevent deaths and
injuries to children under the age of 9; and
‘‘(ii) educate the public concerning—
‘‘(I) all aspects of the proper in-
stallation of child restraints using
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standard seatbelt hardware, supple-
mental hardware, and modification de-
vices (if needed), including special in-
stallation techniques; and
‘‘(II)(aa) appropriate child re-
straint design selection and placement
and; and
‘‘(bb) harness threading and har-
ness adjustment; and
‘‘(iii) train and retrain child pas-
senger safety professionals, police officers,
fire and emergency medical personnel, and
other educators concerning all aspects of
child restraint use.
‘‘(C) REPORTS.—
‘‘(i) IN GENERAL.—The appropriate of-
ficial of each State that receives a grant
under this subsection shall prepare, and
submit to the Secretary, an annual report
for the period covered by the grant.
‘‘(ii) REQUIREMENTS FOR REPORTS.—
A report described in clause (i) shall—
‘‘(I) contain such information as
the Secretary may require; and
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‘‘(II) at a minimum, describe the
program activities undertaken with the
funds made available under the grant.
‘‘(D) REPORT
TO
CONGRESS.—Not later
than 1 year after the date of enactment of the
Intermodal Surface Transportation Efficiency
Act of 1998, and annually thereafter, the Sec-
retary shall prepare, and submit to Congress, a
report on the implementation of this subsection
that includes a description of the programs un-
dertaken and materials developed and distrib-
uted by the States that receive grants under this
subsection.
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the De-
partment of Transportation to carry out this sub-
section, $7,500,000 for each of fiscal years 1999 and
2000.’’.
(2) CONFORMING
AMENDMENT.—The chapter
analysis for chapter 4 of that title is amended by
striking the item relating to section 410 and inserting
the following:
‘‘410. Safety belts and occupant protection programs.’’.
(h) DRUGGED DRIVER RESEARCH AND DEMONSTRA-
TION PROGRAM.—Section 403(b) of title 23, United States
Code, is amended—
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(1) by inserting ‘‘(1)’’ before ‘‘In addition’’;
(2) by striking ‘‘is authorized to’’ and inserting
‘‘shall’’;
(3) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B); and
(4) by inserting after subparagraph (B), as re-
designated, the following:
‘‘(C) Measures that may deter drugged driving.’’.
SEC. 3102. NATIONAL DRIVER REGISTER.
(a) TRANSFER OF SELECTED FUNCTIONS TO NON-
FEDERAL MANAGEMENT.—Section 30302 is amended by
adding at the end the following:
‘‘(e) TRANSFER OF SELECTED FUNCTIONS TO NON-
FEDERAL MANAGEMENT.—
‘‘(1) The Secretary may enter into an agreement
with an organization that represents the interests of
the States to manage, administer, and operate the
National Driver Register’s computer timeshare and
user assistance functions. If the Secretary decides to
enter into such an agreement, the Secretary shall en-
sure that the management of these functions is com-
patible with this chapter and the regulations issued to
implement this chapter.
‘‘(2) Any transfer of the National Driver Reg-
ister’s computer timeshare and user assistance func-
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tions to an organization that represents the interests
of the States shall begin only after a determination is
made by the Secretary that all States are participat-
ing in the National Driver Register’s ‘Problem Driver
Pointer System’ (the system used by the Register to
effect the exchange of motor vehicle driving records),
and that the system is functioning properly.
‘‘(3) The agreement entered into under this sub-
section shall include a provision for a transition pe-
riod sufficient to allow the States to make the budg-
etary and legislative changes they may need to pay
fees charged by the organization representing their in-
terests for their use of the National Driver Register’s
computer timeshare and user assistance functions.
During this transition period, the Secretary (through
the National Highway Traffic Safety Administration)
shall continue to fund these transferred functions.
‘‘(4) The total of the fees charged by the organi-
zation representing the interests of the States in any
fiscal year for the use of the National Driver Reg-
ister’s computer timeshare and user assistance func-
tions shall not exceed the total cost to the organization
for performing these functions in such fiscal year.
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‘‘(5) Nothing in this subsection shall be construed
to diminish, limit, or otherwise affect the authority of
the Secretary to carry out this chapter.’’.
(b) ACCESS TO REGISTER INFORMATION.—Section
30305(b) is amended by—
(1) by striking ‘‘request.’’ in paragraph (2) and
inserting the following: ‘‘request, unless the informa-
tion is about a revocation or suspension still in effect
on the date of the request’’;
(2) by inserting after paragraph (6) the follow-
ing:
‘‘(7) The head of a Federal department or agency
that issues motor vehicle operator’s licenses may re-
quest the chief driver licensing official of a State to
obtain information under subsection (a) about an in-
dividual applicant for a motor vehicle operator’s li-
cense from such department or agency. The depart-
ment or agency may receive the information, provided
it transmits to the Secretary a report regarding any
individual who is denied a motor vehicle operator’s
license by that department or agency for cause; whose
motor vehicle operator’s license is revoked, suspended,
or canceled by that department or agency for cause;
or about whom the department or agency has been no-
tified of a conviction of any of the motor vehicle-relat-
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ed offenses or comparable offenses listed in section
30304(a)(3) and over whom the department or agency
has licensing authority. The report shall contain the
information specified in section 30304(b).
‘‘(8) The head of a Federal department or agency
authorized to receive information regarding an indi-
vidual from the Register under this section may re-
quest and receive such information from the Sec-
retary.’’;
(3) by redesignating paragraphs (7) and (8) as
paragraphs (9) and (10), respectively; and
(4) by striking ‘‘paragraph (2)’’ in paragraph
(10), as redesignated, and inserting ‘‘subsection (a)’’.
SEC. 3103. AUTHORIZATIONS OF APPROPRIATIONS.
The following sums are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Tran-
sit Account):
(1) CONSOLIDATED
STATE
HIGHWAY
SAFETY
PROGRAMS.—
(A) For carrying out the State and Com-
munity Highway Safety Program under section
402 of title 23, United States Code, by the Na-
tional Highway Traffic Safety Administration,
except for the incentive programs under sub-
sections (l) and (m) of that section—
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(i) $117,858,000 for fiscal year 1998;
(ii) $123,492,000 for fiscal year 1999;
(iii) $126,877,000 for fiscal year 2000;
(iv) $130,355,000 for fiscal year 2001;
(v) $133,759,000 for fiscal year 2002;
and
(vi) $141,803,000 for fiscal year 2003.
(B) To carry out the alcohol-impaired driv-
ing countermeasures incentive grant provisions
of section 402(l) of title 23, United States Code,
by the National Highway Traffic Safety Admin-
istration—
(i) $30,570,000 for fiscal year 1998;
(ii) $28,500,000 for fiscal year 1999;
(iii) $29,273,000 for fiscal year 2000;
(iv) $30,065,000 for fiscal year 2001;
(v) $38,743,000 for fiscal year 2002;
and
(vi) $39,815,000 for fiscal year 2003.
Amounts made available to carry out section
402(l) of title 23, United States Code, are au-
thorized to remain available until expended, pro-
vided that, in each fiscal year the Secretary may
reallocate any amounts remaining available
under section 402(l) of section 402 of title 23,
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United States Code, as necessary to ensure, to
the maximum extent possible, that States may
receive the maximum incentive funding for
which they are eligible under these programs.
(C) To carry out the occupant protection
program incentive grant provisions of section
410 of title 23, United States Code, by the Na-
tional Highway Traffic Safety Administration—
(i) $13,950,000 for fiscal year 1998;
(ii) $14,618,000 for fiscal year 1999;
(iii) $15,012,000 for fiscal year 2000;
(iv) $15,418,000 for fiscal year 2001;
(v) $17,640,000 for fiscal year 2002;
and
(vi) $17,706,000 for fiscal year 2003.
Amounts made available to carry out section 410
of title 23, United States Code, are authorized to
remain available until expended, provided that,
in each fiscal year the Secretary may reallocate
any amounts remaining available under section
410 of title 23, United States Code, to sub-
sections (l) and (m) of section 402 of title 23,
United States Code, as necessary to ensure, to
the maximum extent possible, that States may
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receive the maximum incentive funding for
which they are eligible under these programs.
(D) To carry out the State highway safety
data improvements incentive grant provisions of
section 402(m) of title 23, United States Code,
by the National Highway Traffic Safety Admin-
istration—
(i) $8,370,000 for fiscal year 1998;
(ii) $8,770,000 for fiscal year 1999;
(iii) $9,007,000 for fiscal year 2000;
and
(iv) $9,250,000 for fiscal year 2001.
Amounts made available to carry out section
402(m) of title 23, United States Code, are au-
thorized to remain available until expended.
(E) To carry out the drugged driving re-
search and demonstration programs of section
403(b)(1) of title 23, United States Code, by the
National Highway Traffic Safety Administra-
tion, $2,000,000 for each of fiscal years 1999,
2000, 2001, 2002, and 2003.
(2) SECTION
403
HIGHWAY
SAFETY
AND
RE-
SEARCH.—For carrying out the functions of the Sec-
retary, by the National Highway Traffic Safety Ad-
ministration, for highway safety under section 403 of
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title 23, United States Code, there are authorized to
be appropriated $60,100,000 for each of fiscal years
1998, 1999, 2000, 2001, and 2002, and $61,700,000
for fiscal year 2003.
(3) PUBLIC EDUCATION EFFORT.—Out of funds
made available for carrying out programs under sec-
tion 403 of title 23, United States Code, for each of
fiscal years 1998, 1999, 2000, 2001, 2002, and 2003,
the Secretary of Transportation shall obligate at least
$500,000 to educate the motoring public on how to
share the road safely with commercial motor vehicles.
(4) NATIONAL DRIVER REGISTER.—For carrying
out chapter 303 (National Driver Register) of title 49,
United States Code, by the National Highway Traffic
Safety Administration—
(A) $1,605,000 for fiscal year 1998;
(B) $1,680,000 for fiscal year 1999;
(C) $1,726,000 for fiscal year 2000;
(D) $1,772,000 for fiscal year 2001;
(E) $1,817,000 for fiscal year 2002; and
(F) $1,872,000 for fiscal year 2003.
SEC. 3104. MOTOR VEHICLE PURSUIT PROGRAM.
(a) MOTOR VEHICLE PURSUIT PROGRAM.—
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(1) TRAINING.—Section 403(b)(1) of title 23,
United States Code, as amended by section 3101(h),
is amended by adding at the end thereof the following:
‘‘(D) Programs to train law enforcement of-
ficers on motor vehicle pursuits conducted by law
enforcement officers.’’.
(2) FUNDING.—Out of amounts appropriated to
carry out section 403 of title 23, United States Code,
the Secretary of Transportation may use such
amounts as may be necessary to carry out the motor
vehicle 
pursuit 
training 
program 
of 
section
403(b)(1)(D) of title 23, United States Code, but not
in excess of $1,000,000 for each of fiscal years 1999,
2000, 2001, 2002, and 2003.
(b) REPORT
OF FEDERAL POLICIES
AND PROCE-
DURES.—Not later than 180 days after the date of enact-
ment of this Act, the Attorney General of the United States,
the Secretary of Agriculture, the Secretary of the Interior,
the Secretary of the Treasury, the Chief of Capitol Police,
and the Administrator of General Services shall each trans-
mit to Congress a report containing—
(1) the policy of the department or agency head-
ed by that individual concerning motor vehicle pur-
suits by law enforcement officers of that department
or agency; and
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(2) a description of the procedures that the de-
partment or agency uses to train law enforcement of-
ficers in the implementation of the policy referred to
in paragraph (1).
SEC. 3105. ENFORCEMENT OF WINDOW GLAZING STAND-
ARDS FOR LIGHT TRANSMISSION.
Section 402(a) of title 23, United States Code, is
amended by striking ‘‘post-accident procedures.’’ and in-
serting ‘‘post-accident procedures, including the enforce-
ment of light transmission standards of glazing for pas-
senger motor vehicles and light trucks as necessary to im-
prove highway safety.’’.
SEC. 3106. IMPROVING AIR BAG SAFETY.
(a) SUSPENSION OF UNBELTED BARRIER TESTING.—
The provision in Federal Motor Vehicle Safety Standard
No. 208, Occupant crash protection, 49 CFR 571.208, that
requires air bag-equipped vehicles to be crashed into a bar-
rier using unbelted 50th percentile adult male dummies is
suspended until either the rule issued under subsection (b)
goes into effect or, prior to the effective date of the rule,
the Secretary of Transportation, after reporting to the Com-
merce Committee of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of
the Senate, determines by rule that restoring the test is nec-
essary to accomplish the purposes of subsection (b).
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(b) RULEMAKING TO IMPROVE AIR BAGS.—
(1) NOTICE
OF
PROPOSED
RULEMAKING.—Not
later than June 1, 1998, the Secretary of Transpor-
tation shall issue a notice of proposed rulemaking to
improve the occupant protection for all occupants
provided by Federal Motor Vehicle Safety Standard
No. 208, while minimizing the risk to infants, chil-
dren, and other occupants from injuries and deaths
caused by air bags, by means that include advanced
air bags.
(2) FINAL RULE.—The Secretary shall complete
the rulemaking required by this subsection by issuing,
not later than June 1, 1999, a final rule consistent
with paragraph (1). If the Secretary determines that
the final rule cannot be completed by that date to
meet the purposes of paragraph (1), and advises the
Congress of the reasons for this determination, the
Secretary may extend the date for issuing the final
rule by not more than one year. The Congress may,
by joint resolution, grant a further extension of the
date for issuing a final rule.
(3) METHODS
TO
ENSURE
PROTECTION.—Not-
withstanding subsection (a) of this section, the rule
required by paragraph (2) may include such tests, in-
cluding tests with dummies of different sizes, as the
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SEC. 3107. ROADSIDE SAFETY TECHNOLOGIES.
(a) CRASH CUSHIONS.—
(1) GUIDANCE.—The Secretary shall initiate and
issue a guidance regarding the benefits and safety
performance of redirective and nonredirective crash
cushions in different road applications, taking into
consideration roadway conditions, operating speed
limits, the location of the crash cushion in the right-
of-way, and any other relevant factors. The guidance
shall include recommendations on the most appro-
priate circumstances for utilization of redirective and
nonredirective crash cushions.
(2) USE
OF
GUIDANCE.—States shall use the
guidance issued under this subsection in evaluating
the safety and cost-effectiveness of utilizing different
crash cushion designs and determining whether re-
directive or nonredirective crash cushions or other
safety appurtenances should be installed at specific
highway locations.
Subtitle B—Hazardous Materials
Transportation Reauthorization
SEC. 3201. FINDINGS AND PURPOSES; DEFINITIONS.
(a) FINDINGS
AND
PURPOSES.—Section 5101 is
amended to read as follows:
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‘‘§ 5101. Findings and purposes
‘‘(a) FINDINGS.—Congress finds with respect to haz-
ardous materials transportation that—
‘‘(1) approximately 4,000,000,000 tons of regu-
lated hazardous materials are transported each year
and that approximately 1,000,000 movements of haz-
ardous materials occur each day, according to De-
partment of Transportation estimates;
‘‘(2) accidents involving the release of hazardous
materials are a serious threat to public health and
safety;
‘‘(3) many States and localities have enacted
laws and regulations that vary from Federal laws
and regulations pertaining to the transportation of
hazardous materials, thereby creating the potential
for unreasonable hazards in other jurisdictions and
confounding shippers and carriers that attempt to
comply with multiple and conflicting registration,
permitting, routings, notification, loading, unloading,
incidental storage, and other regulatory requirements;
‘‘(4) because of the potential risks to life, prop-
erty and the environment posed by unintentional re-
leases of hazardous materials, consistency in laws and
regulations governing the transportation of hazardous
materials, including loading, unloading, and inciden-
tal storage, is necessary and desirable;
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‘‘(5) in order to achieve greater uniformity and
to promote the public health, welfare, and safety at all
levels, Federal standards for regulating the transpor-
tation of hazardous materials in intrastate, interstate,
and foreign commerce are necessary and desirable;
‘‘(6) in order to provide reasonable, adequate,
and cost-effective protection from the risks posed by
the transportation of hazardous materials, a network
of adequately trained State and local emergency re-
sponse personnel is required;
‘‘(7) the movement of hazardous materials in
commerce is necessary and desirable to maintain eco-
nomic vitality and meet consumer demands, and shall
be conducted in a safe and efficient manner;
‘‘(8) primary authority for the regulation of such
transportation should be consolidated in the Depart-
ment of Transportation to ensure the safe and effi-
cient movement of hazardous materials in commerce;
and
‘‘(9) emergency response personnel have a con-
tinuing need for training on responses to releases of
hazardous materials in transportation and small
businesses have a continuing need for training on
compliance with hazardous materials regulations.
‘‘(b) PURPOSES.—The purposes of this chapter are—
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‘‘(1) to ensure the safe and efficient transpor-
tation of hazardous materials in intrastate, interstate,
and foreign commerce, including the loading, unload-
ing, and incidental storage of hazardous material;
‘‘(2) to provide the Secretary with preemption
authority to achieve uniform regulation of hazardous
material transportation, to eliminate inconsistent
rules that apply differently from Federal rules, to en-
sure efficient movement of hazardous materials in
commerce, and to promote the national health, wel-
fare, and safety; and
‘‘(3) to provide adequate training for public sec-
tor emergency response teams to ensure safe responses
to hazardous material transportation accidents and
incidents.’’.
(b) DEFINITIONS.—Section 5102 is amended by—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) ‘commerce’ means trade or transportation
in the jurisdiction of the United States—
‘‘(A) between a place in a State and a place
outside of the State;
‘‘(B) that affects trade or transportation be-
tween a place in a State and a place outside of
the State; or
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‘‘(C) on a United States-registered air-
craft.’’;
(2) by striking paragraphs (3) and (4) and in-
serting the following:
‘‘(3) ‘hazmat employee’ means an individual
who—
‘‘(A) is—
‘‘(i) employed by a hazmat employer,
‘‘(ii) self-employed, or
‘‘(iii) an owner-operator of a motor ve-
hicle; and
‘‘(B) during the course of employment—
‘‘(i) loads, unloads, or handles hazard-
ous material;
‘‘(ii) manufactures, reconditions, or
tests containers, drums, or other packagings
represented as qualified for use in trans-
porting hazardous material;
‘‘(iii) performs any function pertain-
ing to the offering of hazardous material for
transportation;
‘‘(iv) is responsible for the safety of
transporting hazardous material; or
‘‘(v) operates a vehicle used to trans-
port hazardous material.
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‘‘(4) ‘hazmat employer’ means a person who—
‘‘(A) either—
‘‘(i) is self-employed,
‘‘(ii) is an owner-operator of a motor
vehicle, or
‘‘(iii) has at least 1 employee; and
‘‘(B) performs a function, or uses at least 1
employee, in connection with—
‘‘(i) transporting hazardous material
in commerce;
‘‘(ii) causing hazardous material to be
transported in commerce, or
‘‘(iii) manufacturing, reconditioning,
or testing containers, drums, or other pack-
agings represented as qualified for use in
transporting hazardous material.’’;
(3) by striking ‘‘title.’’ in paragraph (7) and in-
serting ‘‘title, except that a freight forwarder is in-
cluded only if performing a function related to high-
way transportation.’’;
(4) by redesignating paragraphs (9) through (13)
as paragraphs (12) through (16), respectively;
(5) by inserting after paragraph (8) the follow-
ing:
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‘‘(9) ‘out-of-service order’ means a mandate that
an aircraft, vessel, motor vehicle, train, other vehicle,
or a part of any of these, not be moved until specified
conditions have been met.
‘‘(10) ‘package’ or ‘outside package’ means a
packaging plus its contents.
‘‘(11) ‘packaging’ means a receptacle and any
other components or materials necessary for the recep-
tacle to perform its containment function in conform-
ance with the minimum packaging requirements es-
tablished by the Secretary of Transportation.’’; and
(6) by striking ‘‘or transporting hazardous mate-
rial to further a commercial enterprise;’’ in para-
graph (12)(A), as redesignated by paragraph (4) of
this subsection, and inserting ‘‘, and transporting
hazardous material to further a commercial enter-
prise, or manufacturing, reconditioning, or testing
containers, drums, or other packagings represented as
qualified for use in transporting hazardous material’’.
(c) CLERICAL AMENDMENT.—The chapter analysis of
chapter 51 is amended by striking the item relating to sec-
tion 5101 and inserting the following:
‘‘5101. Findings and purposes.’’.
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SEC. 3202. HANDLING CRITERIA REPEAL.
Section 5106 is repealed and the chapter analysis of
chapter 51 is amended by striking the item relating to that
section.
SEC. 3203. HAZMAT EMPLOYEE TRAINING REQUIREMENTS.
Section 5107(f)(2) is amended by striking ‘‘and section
5106, and subsections (a) through (g)(1) and (h) of section
5108(a), and 5109 of this title’’.
SEC. 3204. REGISTRATION.
Section 5108 is amended by—
(1) by striking subsection (b)(1)(C) and inserting
the following:
‘‘(C) each State in which the person carries
out any of the activities.’’;
(2) by striking subsection (c) and inserting the
following:
‘‘(c) FILING SCHEDULE.—Each person required to file
a registration statement under subsection (a) of this section
shall file that statement annually in accordance with regu-
lations issued by the Secretary.’’;
(3) by striking ‘‘552(f)’’ in subsection (f) and in-
serting ‘‘552(b)’’;
(4) by striking ‘‘may’’ in subsection (g)(1) and
inserting ‘‘shall’’; and
(5) by inserting ‘‘or an Indian tribe,’’ in sub-
section (i)(2)(B) after ‘‘State,’’.
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SEC. 3205. SHIPPING PAPER RETENTION.
Section 5110(e) is amended by striking the first sen-
tence and inserting ‘‘After expiration of the requirement in
subsection (c), the person who provided the shipping paper
and the carrier required to maintain it under subsection
(a) shall retain the paper or an electronic image thereof,
for a period of 1 year after the shipping paper was provided
to the carrier, to be accessible through their respective prin-
cipal places of business.’’.
SEC. 3206. PUBLIC SECTOR TRAINING CURRICULUM.
Section 5115 is amended—
(1) in subsection (a), by striking ‘‘DEVELOP-
MENT AND UPDATING.—Not later than November 16,
1992, in’’ and inserting ‘‘UPDATING.—In’’;
(2) in the first sentence of subsection (a), by
striking ‘‘develop and’’;
(3) in subsection (a), by striking the second sen-
tence;
(4) in the first sentence of subsection (b), by
striking ‘‘developed’’;
(5) in subparagraphs (A) and (B) of subsection
(b)(1), by inserting ‘‘or involving an alternative fuel
vehicle’’ after ‘‘material’’; and
(6) by striking subsection (d) and inserting the
following:
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‘‘(d) DISTRIBUTION AND PUBLICATION.—With the na-
tional response team, the Secretary of Transportation may
publish a list of programs that use a course developed under
this section for training public sector employees to respond
to an accident or incident involving the transportation of
hazardous material.’’.
SEC. 3207. PLANNING AND TRAINING GRANTS.
Section 5116 is amended by—
(1) by striking ‘‘of’’ in the second sentence of
subsection (e) and inserting ‘‘received by’’;
(2) by striking subsection (f) and inserting the
following:
‘‘(f) MONITORING AND TECHNICAL ASSISTANCE.—The
Secretary of Transportation shall monitor public sector
emergency response planning and training for an accident
or incident involving hazardous material. Considering the
results of the monitoring, the Secretary shall provide tech-
nical assistance to a State, political subdivision of a State,
or Indian tribe for carrying out emergency response train-
ing and planning for an accident or incident involving haz-
ardous material and shall coordinate the assistance using
the existing coordinating mechanisms of the national re-
sponse team for oil and hazardous substances and, for ra-
dioactive material, the Federal Radiological Preparedness
Coordinating Committee.’’; and
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(3) by adding at the end thereof the following:
‘‘(l) SMALL BUSINESSES.—The Secretary may author-
ize a State or Indian tribe receiving a grant under this
section to use up to 25 percent of the amount of the grant
to assist small businesses in complying with regulations
issued under this chapter.’’.
SEC. 3208. SPECIAL PERMITS, PILOT PROGRAMS, AND EX-
CLUSIONS.
(a) Section 5117 is amended—
(1) by striking the section heading and inserting
the following:
‘‘§ 5117. Special permits, pilot programs, exemptions,
and exclusions’’;
(2) by striking ‘‘2 years’’ in subsection (a)(2)
and inserting ‘‘4 years’’;
(3) by redesignating subsection (e) as subsection
(f); and
(4) by inserting after subsection (d) the follow-
ing:
‘‘(e) AUTHORITY TO CARRY OUT PILOT PROGRAMS.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to carry out pilot programs to examine innovative
approaches or alternatives to regulations issued under
this chapter for private motor carriage in intrastate
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transportation of an agricultural production material
from—
‘‘(A) a source of supply to a farm;
‘‘(B) a farm to another farm;
‘‘(C) a field to another field on a farm; or
‘‘(D) a farm back to the source of supply.
‘‘(2) LIMITATION.—The Secretary may not carry
out a pilot program under paragraph (1) if the Sec-
retary determines that the program would pose an
undue risk to public health and safety.
‘‘(3) SAFETY LEVELS.—In carrying out a pilot
project under this subsection, the Secretary shall re-
quire, as a condition of approval of the project, that
the safety measures in the project are designed to
achieve a level of safety that is equivalent to, or great-
er than, the level of safety that would otherwise be
achieved through compliance with the standards pre-
scribed under this chapter.
‘‘(4) TERMINATION OF PROJECT.—The Secretary
shall immediately terminate any project entered into
under this subsection if the motor carrier or other en-
tity to which it applies fails to comply with the terms
and conditions of the pilot project or the Secretary de-
termines that the project has resulted in a lower level
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of safety than was maintained before the project was
initiated.
‘‘(5) NONAPPLICATION.—This subsection does not
apply to the application of regulations issued under
this chapter to vessels or aircraft.’’.
(b) Section 5119(c) is amended by adding at the end
the following:
‘‘(4) Pending promulgation of regulations under
this subsection, States may participate in a program
of uniform forms and procedures recommended by the
working group under subsection (b).’’.
(c) The chapter analysis for chapter 51 is amended
by striking the item related to section 5117 and inserting
the following:
‘‘5117. Special permits, pilot programs, exemptions, and exclusions.’’.
SEC. 3209. ADMINISTRATION.
(a) Section 5121 is amended by striking subsections
(a), (b), and (c) and redesignating subsections (d) and (e)
as subsections (a) and (b), respectively.
(b) Section 5122 is amended by redesignating sub-
sections (a), (b), and (c) as subsections (d), (e), and (f),
and by inserting before subsection (d), as redesignated, the
following:
‘‘(a) GENERAL AUTHORITY.—To carry out this chap-
ter, the Secretary of Transportation may investigate, make
reports, issue subpoenas, conduct hearings, require the pro-
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duction of records and property, take depositions, and con-
duct research, development, demonstration, and training
activities. After notice and an opportunity for a hearing,
the Secretary may issue an order requiring compliance with
this chapter or a regulation prescribed under this chapter.
‘‘(b) RECORDS, REPORTS, AND INFORMATION.—A per-
son subject to this chapter shall—
‘‘(1) maintain records, make reports, and pro-
vide information the Secretary by regulation or order
requires; and
‘‘(2) make the records, reports, and information
available when the Secretary requests.
‘‘(c) INSPECTION.—
‘‘(1) The Secretary may authorize an officer, em-
ployee, or agent to inspect, at a reasonable time and
in a reasonable way, records and property related
to—
‘‘(A) manufacturing, fabricating, marking,
maintaining, reconditioning, repairing, testing,
or distributing a packaging or a container for
use by a person in transporting hazardous mate-
rial in commerce; or
‘‘(B) the transportation of hazardous mate-
rial in commerce.
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‘‘(2) An officer, employee, or agent under this
subsection shall display proper credentials when re-
quested.’’.
SEC. 3210. COOPERATIVE AGREEMENTS.
Section 5121, as amended by section 3209(a), is fur-
ther amended by adding at the end thereof the following:
‘‘(f) AUTHORITY FOR COOPERATIVE AGREEMENTS.—
To carry out this chapter, the Secretary may enter into
grants, cooperative agreements, and other transactions with
a person, agency or instrumentality of the United States,
a unit of State or local government, an Indian tribe, a for-
eign government (in coordination with the State Depart-
ment), an educational institution, or other entity to further
the objectives of this chapter. The objectives of this chapter
include the conduct of research, development, demonstra-
tion, risk assessment, emergency response planning and
training activities.’’.
SEC. 3211. ENFORCEMENT.
Section 5122, as amended by section 3209(b), is fur-
ther amended—
(1) in the first sentence of subsection (a), by in-
serting ‘‘inspect,’’ after ‘‘may’’;
(2) by striking the last sentence of subsection (a)
and inserting: ‘‘Except as provided in subsection (e)
of this section, the Secretary shall provide notice and
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an opportunity for a hearing prior to issuing an
order requiring compliance with this chapter or a
regulation, order, special permit, or approval issued
under this chapter.’’; and
(3) by redesignating subsections (d), (e) and (f)
as subsections (f), (g) and (h), and inserting after
subsection (c) the following:
‘‘(d) OTHER AUTHORITY.—
‘‘(1) INSPECTION.—During inspections and in-
vestigations, officers, employees, or agents of the Sec-
retary may—
‘‘(A) open and examine the contents of a
package offered for, or in, transportation when—
‘‘(i) the package is marked, labeled,
certified, placarded, or otherwise represented
as containing a hazardous material, or
‘‘(ii) there is an objectively reasonable
and articulable belief that the package may
contain a hazardous material;
‘‘(B) take a sample, sufficient for analysis,
of material marked or represented as a hazard-
ous material or for which there is an objectively
reasonable and articulable belief that the mate-
rial may be a hazardous material, and analyze
that material;
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‘‘(C) when there is an objectively reasonable
and articulable belief that an imminent hazard
may exist, prevent the further transportation of
the material until the hazardous qualities of that
material have been determined; and
‘‘(D) when safety might otherwise be com-
promised, authorize properly qualified personnel
to conduct the examination, sampling, or analy-
sis of a material.
‘‘(2) NOTIFICATION.—No package opened pursu-
ant to this subsection shall continue its transpor-
tation until the officer, employee, or agent of the Sec-
retary—
‘‘(A) affixes a label to the package indicat-
ing that the package was inspected pursuant to
this subsection; and
‘‘(B) notifies the shipper that the package
was opened for examination.
‘‘(e) EMERGENCY ORDERS.—
‘‘(1) If, through testing, inspection, investigation,
or research carried out under this chapter, the Sec-
retary decides that an unsafe condition or practice, or
a combination of them, causes an emergency situation
involving a hazard of death, personal injury, or sig-
nificant harm to the environment, the Secretary may
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immediately issue or impose restrictions, prohibitions,
recalls, or out-of-service orders, without notice or the
opportunity for a hearing, that may be necessary to
abate the situation.
‘‘(2) The Secretary’s action under this subsection
must be in a written order describing the condition
or practice, or combination of them, that causes the
emergency situation; stating the restrictions, prohibi-
tions, recalls, or out-of-service orders being issued or
imposed; and prescribing standards and procedures
for obtaining relief from the order.
‘‘(3) After taking action under this subsection,
the Secretary shall provide an opportunity for review
of that action under section 554 of title 5.
‘‘(4) If a petition for review is filed and the re-
view is not completed by the end of the 30-day period
beginning on the date the petition was filed, the ac-
tion will cease to be effective at the end of that period
unless the Secretary determines in writing that the
emergency situation still exists.’’.
SEC. 3212. PENALTIES.
(a) IN GENERAL.—Section 5123(a)(1) is amended by
striking the first sentence and inserting the following: ‘‘A
person that knowingly violates this chapter or a regulation,
order, special permit, or approval issued under this chapter
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is liable to the United States Government for a civil penalty
of at least $250 but not more than $27,500 for each viola-
tion.’’.
(b) DEGREE OF CULPABILITY.—Section 5123(c)(2) is
amended to read as follows:
‘‘(2) with respect to the violator, the degree of
culpability, any good-faith efforts to comply with the
applicable requirements, any history of prior viola-
tions, any economic benefit resulting from the viola-
tion, the ability to pay, and any effect on the ability
to continue to do business; and’’.
(c) CRIMINAL PENALTY.—Section 5124 is amended to
read as follows:
‘‘§ 5124. Criminal penalty
‘‘(a) IN GENERAL.—A person knowingly violating sec-
tion 5104(b) of this title or willfully violating this chapter
or a regulation, order, special permit, or approval issued
under this chapter, shall be fined under title 18, imprisoned
for not more than 5 years, or both.
‘‘(b) AGGRAVATED VIOLATIONS.—A person knowingly
violating section 5104(b) of this title or willfully violating
this chapter or a regulation, order, special permit, or ap-
proval issued under this chapter, and thereby causing the
release of a hazardous material, shall be fined under title
18, imprisoned for not more than 20 years, or both.’’.
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SEC. 3213. PREEMPTION.
(a) REQUIREMENTS CONTRARY
TO PURPOSES
OF
CHAPTER.—Section 5125(a)(2) is amended by inserting ‘‘,
the purposes of this chapter,’’ after ‘‘this chapter’’ the first
place it appears.
(b) DEADWOOD.—Section 5125(b)(2) is amended by
striking ‘‘prescribes after November 16, 1990.’’ and insert-
ing ‘‘prescribes.’’.
(c) INDEPENDENT
APPLICATION
OF
PREEMPTION
STANDARDS.—Section 5125 is amended by adding at the
end thereof the following:
‘‘(h) INDEPENDENT APPLICATION OF EACH STAND-
ARD.—Each preemption standard in subsections (a), (b)(1),
(c), and (g) of this section and section 5119(c)(2) is inde-
pendent in its application to a requirement of any State,
political subdivision of a State, or Indian tribe.’’.
SEC. 3214. JUDICIAL REVIEW.
(a) IN GENERAL.—Chapter 51 is amended by redesig-
nating section 5127 as section 5128, and by inserting after
section 5126 the following new section:
‘‘§ 5127. Judicial review
‘‘(a) FILING AND VENUE.—Except as provided in sec-
tion 20114(c), a person disclosing a substantial interest in
a final order issued, under the authority of section 5122
or 5123, by the Secretary of Transportation, the Adminis-
trators of the Research and Special Programs Administra-
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tion, the Federal Aviation Administration, or the Federal
Highway Administration, or the Commandant of the
United States Coast Guard (‘modal Administrator’), with
respect to the duties and powers designated to be carried
out by the Secretary under this chapter, may apply for re-
view in the United States Court of Appeals for the District
of Columbia or in the court of appeals for the United States
for the circuit in which the person resides or has its prin-
cipal place of business. The petition must be filed not more
than 60 days after the order is issued. The court may allow
the petition to be filed after the 60th day only if there are
reasonable grounds for not filing by the 60th day.
‘‘(b) JUDICIAL PROCEDURES.—When a petition is
filed under subsection (a) of this section, the clerk of the
court immediately shall send a copy of the petition to the
Secretary or the modal Administrator, as appropriate. The
Secretary or the modal Administrator shall file with the
court a record of any proceeding in which the order was
issued, as provided in section 2112 of title 28.
‘‘(c) AUTHORITY OF COURT.—When the petition is sent
to the Secretary or the modal Administrator, the court has
exclusive jurisdiction to affirm, amend, modify, or set aside
any part of the order and may order the Secretary or the
modal Administrator to conduct further proceedings. After
reasonable notice to the Secretary or the modal Adminis-
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trator, the court may grant interim relief by staying the
order or taking other appropriate action when good cause
for its action exists. Findings of fact by the Secretary or
the modal Administrator, if supported by substantial evi-
dence, are conclusive.
‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In re-
viewing a final order under this section, the court may con-
sider an objection to a final order of the Secretary or the
modal Administrator only if the objection was made in the
course of a proceeding or review conducted by the Secretary,
the modal Administrator, or an administrative law judge,
or if there was a reasonable ground for not making the ob-
jection in the proceeding.
‘‘(e) SUPREME COURT REVIEW.—A decision by a court
under this section may be reviewed only by the Supreme
Court under section 1254 of title 28, United States Code.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis for
chapter 51 is amended by striking the item related to sec-
tion 5127 and inserting the following:
‘‘5127. Judicial review.
‘‘5128. Authorization of appropriations.’’.
SEC. 3215. HAZARDOUS MATERIAL TRANSPORTATION REAU-
THORIZATION.
(a) IN GENERAL.—Chapter 51, as amended by section
3214 of this Act, is amended by redesignating section 5128
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as section 5129 and by inserting after section 5127 the fol-
lowing:
‘‘§ 5128. High risk hazardous material and hazardous
waste; motor carrier safety study
‘‘(a) STUDY.—The Secretary of Transportation shall
conduct a study—
‘‘(1) to determine the safety benefits and admin-
istrative efficiency of implementing a Federal permit
program for high risk hazardous material and haz-
ardous waste carriers;
‘‘(2) to identify and evaluate alternative regu-
latory methods and procedures that may improve the
safety of high risk hazardous material and hazardous
waste carriers and shippers, including evaluating
whether an annual safety fitness determination that
is linked to permit renewals for hazardous material
and hazardous waste carriers is warranted;
‘‘(3) to examine the safety benefits of increased
monitoring of high risk hazardous material and haz-
ardous waste carriers, and the costs, benefits, and
procedures of existing State permit programs;
‘‘(4) to make such recommendations as may be
appropriate for the improvement of uniformity
among existing State permit programs; and
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‘‘(5) to assess the potential of advanced tech-
nologies for improving the assessment of high risk
hazardous material and hazardous waste carriers’
compliance with motor carrier safety regulations.
‘‘(b) TIMEFRAME.—The Secretary shall begin the study
required by subsection (a) within 6 months after the date
of enactment of the Intermodal Transportation Safety Act
of 1998 and complete it within 30 months after the date
of enactment of that Act.
‘‘(c) REPORT.—The Secretary shall report the findings
of the study required by subsection (a), together with such
recommendations as may be appropriate, within 36 months
after the date of enactment of the Intermodal Transpor-
tation Safety Act of 1998.’’.
(b) SECTION 5109 REGULATIONS TO REFLECT STUDY
FINDINGS.—Section 5109(h) is amended by striking ‘‘not
later than November 16, 1991.’’ and inserting ‘‘based upon
the findings of the study required by section 5128(a).’’.
(c) CONFORMING AMENDMENT.—The chapter analysis
for chapter 51, as amended by section 3214, is amended
by striking the item relating to section 5128 and inserting
the following:
‘‘5128. High risk hazardous material and hazardous waste; motor carrier safety
study.
‘‘5129. Authorization of appropriations.’’.
SEC. 3216. AUTHORIZATION OF APPROPRIATIONS.
Section 5129, as redesignated, is amended—
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(1) by striking subsection (a) and inserting the
following:
‘‘(a) GENERAL.—There are authorized to be appro-
priated to the Secretary of Transportation to carry out this
chapter (except sections 5107(e), 5108(g)(2), 5113, 5115,
and 5116) not more than—
‘‘(1) $15,492,000 for fiscal year 1998;
‘‘(2) $16,000,000 for fiscal year 1999;
‘‘(3) $16,500,000 for fiscal year 2000;
‘‘(4) $17,000,000 for fiscal year 2001;
‘‘(5) $17,500,000 for fiscal year 2002; and
‘‘(6) $18,000,000 for fiscal year 2003.’’; and
(2) by striking subsections (c) and (d) and in-
serting the following:
‘‘(c) 
TRAINING
CURRICULUM.—Not 
more 
than
$200,000 is available to the Secretary of Transportation
from the account established under section 5116(i) for each
of the fiscal years ending September 30, 1999–2003, to
carry out section 5115.
‘‘(d) PLANNING AND TRAINING.—
(1) Not more than $2,444,000 is available to the
Secretary of Transportation from the account estab-
lished under section 5116(i) for the fiscal year ending
September 30, 1998, and such sums as may be nec-
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essary for fiscal years 1999–2003, to carry out section
5116(a).
‘‘(2) Not more than $3,666,000 is available to
the Secretary of Transportation from the account es-
tablished under section 5116(i) for the fiscal year end-
ing September 30, 1998, and such sums as may be
necessary for fiscal years 1999–2003, to carry out sec-
tion 5116(b).
‘‘(3) Not more than $600,000 is available to the
Secretary of Transportation from the account estab-
lished under section 5116(i) for the fiscal year ending
September 30, 1998, and such sums as may be nec-
essary for fiscal years 1999–2003, to carry out section
5116(f).’’.
Subtitle C—Comprehensive One-
Call Notification
SEC. 3301. FINDINGS.
Congress finds that—
(1) unintentional damage to underground facili-
ties during excavation is a significant cause of dis-
ruptions in telecommunications, water supply, elec-
tric power, and other vital public services, such as
hospital and air traffic control operations, and is a
leading cause of natural gas and hazardous liquid
pipeline accidents;
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(2) excavation that is performed without prior
notification to an underground facility operator or
with inaccurate marking of such a facility prior to
excavation can cause damage that results in fatalities,
serious injuries, harm to the environment and disrup-
tion of vital services to the public; and
(3) protection of the public and the environment
from the consequences of underground facility damage
caused by excavations will be enhanced by a coordi-
nated national effort to improve one-call notification
programs in each State and the effectiveness and effi-
ciency of one-call notification systems that operate
under such programs.
SEC. 3302. ESTABLISHMENT OF ONE-CALL NOTIFICATION
PROGRAMS.
(a) IN GENERAL.—Subtitle III is amended by adding
at the end thereof the following:
‘‘CHAPTER 61—ONE-CALL NOTIFICATION
PROGRAMS
‘‘Sec.
‘‘6101. Purposes.
‘‘6102. Definitions.
‘‘6103. Minimum standards for State one-call notification programs.
‘‘6104. Compliance with minimum standards.
‘‘6105. Review of one-call system best practices.
‘‘6106. Grants to States.
‘‘6107. Authorization of appropriations.
‘‘§ 6101. Purposes
‘‘The purposes of this chapter are—
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‘‘(1) to enhance public safety;
‘‘(2) to protect the environment;
‘‘(3) to minimize risks to excavators; and
‘‘(4) to prevent disruption of vital public serv-
ices,
by reducing the incidence of damage to underground facili-
ties during excavation through the adoption and efficient
implementation by all States of State one-call notification
programs that meet the minimum standards set forth under
section 6103.
‘‘§ 6102. Definitions
‘‘For purposes of this chapter:
‘‘(1) ONE-CALL
NOTIFICATION
SYSTEM.—The
term ‘‘one-call notification system’’ means a system
operated by an organization that has as 1 of its pur-
poses to receive notification from excavators of in-
tended excavation in a specified area in order to dis-
seminate such notification to underground facility op-
erators that are members of the system so that such
operators can locate and mark their facilities in order
to prevent damage to underground facilities in the
course of such excavation.
‘‘(2) 
STATE
ONE-CALL
NOTIFICATION
PRO-
GRAM.—The term ‘‘State one-call notification pro-
gram’’ means the State statutes, regulations, orders,
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judicial decisions, and other elements of law and pol-
icy in effect in a State that establish the requirements
for the operation of one-call notification systems in
such State.
‘‘(3) STATE.—The term ‘State’ means a State,
the District of Columbia, and Puerto Rico.
‘‘(4) SECRETARY.—The term ‘Secretary’ means
the Secretary of Transportation.
‘‘§ 6103. Minimum standards for State one-call notifi-
cation programs
‘‘(a) MINIMUM STANDARDS.—A State one-call notifi-
cation program shall, at a minimum, provide for—
‘‘(1) appropriate participation by all under-
ground facility operators;
‘‘(2) appropriate participation by all excavators;
and
‘‘(3) flexible and effective enforcement under
State law with respect to participation in, and use of,
one-call notification systems.
‘‘(b) APPROPRIATE PARTICIPATION.—In determining
the appropriate extent of participation required for types
of underground facilities or excavators under subsection (a),
a State shall assess, rank, and take into consideration the
risks to the public safety, the environment, excavators, and
vital public services associated with—
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‘‘(1) damage to types of underground facilities;
and
‘‘(2) activities of types of excavators.
‘‘(c) IMPLEMENTATION.—A State one-call notification
program also shall, at a minimum, provide for—
‘‘(1) consideration of the ranking of risks under
subsection (b) in the enforcement of its provisions;
‘‘(2) a reasonable relationship between the bene-
fits of one-call notification and the cost of implement-
ing and complying with the requirements of the State
one-call notification program; and
‘‘(3) voluntary participation where the State de-
termines that a type of underground facility or an ac-
tivity of a type of excavator poses a de minimis risk
to public safety or the environment.
‘‘(d) PENALTIES.—To the extent the State determines
appropriate and necessary to achieve the purposes of this
chapter, a State one-call notification program shall, at a
minimum, provide for—
‘‘(1) administrative or civil penalties commensu-
rate with the seriousness of a violation by an exca-
vator or facility owner of a State one-call notification
program;
‘‘(2) increased penalties for parties that repeat-
edly damage underground facilities because they fail
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to use one-call notification systems or for parties that
repeatedly fail to provide timely and accurate mark-
ing after the required call has been made to a one-
call notification system;
‘‘(3) reduced or waived penalties for a violation
of a requirement of a State one-call notification pro-
gram that results in, or could result in, damage that
is promptly reported by the violator;
‘‘(4) equitable relief; and
‘‘(5) citation of violations.
‘‘§ 6104. Compliance with minimum standards
‘‘(a) REQUIREMENT.—In order to qualify for a grant
under section 6106, each State shall, within 2 years after
the date of the enactment of the Intermodal Transportation
Safety Act of 1998, submit to the Secretary a grant applica-
tion under subsection (b).
‘‘(b) APPLICATION.—
‘‘(1) Upon application by a State, the Secretary
shall review that State’s one-call notification pro-
gram, including the provisions for the implementa-
tion of the program and the record of compliance and
enforcement under the program.
‘‘(2) Based on the review under paragraph (1),
the Secretary shall determine whether the State’s one-
call notification program meets the minimum stand-
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ards for such a program set forth in section 6103 in
order to qualify for a grant under section 6106.
‘‘(3) In order to expedite compliance under this
section, the Secretary may consult with the State as
to whether an existing State one-call notification pro-
gram, a specific modification thereof, or a proposed
State program would result in a positive determina-
tion under paragraph (2).
‘‘(4) The Secretary shall prescribe the form of,
and manner of filing, an application under this sec-
tion that shall provide sufficient information about a
State’s one-call notification program for the Secretary
to evaluate its overall effectiveness. Such information
may include the nature and reasons for exceptions
from required participation, the types of enforcement
available, and such other information as the Sec-
retary deems necessary.
‘‘(5) The application of a State under paragraph
(1) and the record of actions of the Secretary under
this section shall be available to the public.
‘‘(c) ALTERNATIVE PROGRAM.—A State may maintain
an alternative one-call notification program if that pro-
gram provides protection for public safety, the environment,
or excavators that is equivalent to, or greater than, protec-
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tion under a program that meets the minimum standards
set forth in section 6103.
‘‘(d) REPORT.—Within 3 years after the date of the
enactment of the Intermodal Transportation Safety Act of
1998, the Secretary shall begin to include the following in-
formation in reports submitted under section 60124 of this
title—
‘‘(1) a description of the extent to which each
State has adopted and implemented the minimum
Federal standards under section 6103 or maintains
an alternative program under subsection (c);
‘‘(2) an analysis by the Secretary of the overall
effectiveness of the State’s one-call notification pro-
gram and the one-call notification systems operating
under such program in achieving the purposes of this
chapter;
‘‘(3) the impact of the State’s decisions on the ex-
tent of required participation in one-call notification
systems on prevention of damage to underground fa-
cilities; and
‘‘(4) areas where improvements are needed in
one-call notification systems in operation in the
State.
The report shall also include any recommendations the Sec-
retary determines appropriate. If the Secretary determines
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that the purposes of this chapter have been substantially
achieved, no further report under this section shall be re-
quired.
‘‘§ 6105. Review of one-call system best practices
‘‘(a) STUDY OF EXISTING ONE-CALL SYSTEMS.—Ex-
cept as provided in subsection (d), the Secretary, in con-
sultation with other appropriate Federal agencies, State
agencies, one-call notification system operators, under-
ground facility operators, excavators, and other interested
parties, shall undertake a study of damage prevention prac-
tices associated with existing one-call notification systems.
‘‘(b) PURPOSE OF STUDY OF DAMAGE PREVENTION
PRACTICES.—The purpose of the study is to assemble infor-
mation in order to determine which existing one-call notifi-
cation systems practices appear to be the most effective in
preventing damage to underground facilities and in protect-
ing the public, the environment, excavators, and public
service disruption. As part of the study, the Secretary shall
at a minimum consider—
‘‘(1) the methods used by one-call notification
systems and others to encourage participation by ex-
cavators and owners of underground facilities;
‘‘(2) the methods by which one-call notification
systems promote awareness of their programs, includ-
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ing use of public service announcements and edu-
cational materials and programs;
‘‘(3) the methods by which one-call notification
systems receive and distribute information from exca-
vators and underground facility owners;
‘‘(4) the use of any performance and service
standards to verify the effectiveness of a one-call noti-
fication system;
‘‘(5) the effectiveness and accuracy of mapping
used by one-call notification systems;
‘‘(6) the relationship between one-call notifica-
tion systems and preventing intentional damage to
underground facilities;
‘‘(7) how one-call notification systems address
the need for rapid response to situations where the
need to excavate is urgent;
‘‘(8) the extent to which accidents occur due to
errors in marking of underground facilities, untimely
marking or errors in the excavation process after a
one-call notification system has been notified of an
excavation;
‘‘(9) the extent to which personnel engaged in
marking underground facilities may be endangered;
‘‘(10) the characteristics of damage prevention
programs the Secretary believes could be relevant to
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the effectiveness of State one-call notification pro-
grams; and
‘‘(11) the effectiveness of penalties and enforce-
ment activities under State one-call notification pro-
grams in obtaining compliance with program require-
ments.
‘‘(c) REPORT.—Within 1 year after the date of the en-
actment of the Intermodal Transportation Safety Act of
1998, the Secretary shall publish a report identifying those
practices of one-call notification systems that are the most
and least successful in—
‘‘(1) preventing damage to underground facili-
ties; and
‘‘(2) providing effective and efficient service to
excavators and underground facility operators.
The Secretary shall encourage States and operators of one-
call notification programs to adopt and implement the most
successful practices identified in the report.
‘‘(d) SECRETARIAL DISCRETION.—Prior to undertak-
ing the study described in subsection (a), the Secretary shall
determine whether timely information described in sub-
section (b) is readily available. If the Secretary determines
that such information is readily available, the Secretary is
not required to carry out the study.
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‘‘§ 6106. Grants to States
‘‘(a) IN GENERAL.—The Secretary may make a grant
of financial assistance to a State that qualifies under sec-
tion 6104(b) to assist in improving—
‘‘(1) the overall quality and effectiveness of one-
call notification systems in the State;
‘‘(2) communications systems linking one-call
notification systems;
‘‘(3) location capabilities, including training
personnel and developing and using location tech-
nology;
‘‘(4) record retention and recording capabilities
for one-call notification systems;
‘‘(5) public information and education;
‘‘(6) participation in one-call notification sys-
tems; or
‘‘(7) compliance and enforcement under the State
one-call notification program.
‘‘(b) STATE ACTION TAKEN INTO ACCOUNT.—In mak-
ing grants under this section the Secretary shall take into
consideration the commitment of each State to improving
its State one-call notification program, including legislative
and regulatory actions taken by the State after the date of
enactment of the Intermodal Transportation Safety Act of
1998.
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‘‘(c) FUNDING
FOR ONE-CALL NOTIFICATION SYS-
TEMS.—A State may provide funds received under this sec-
tion directly to any one-call notification system in such
State that substantially adopts the best practices identified
under section 6105.
‘‘§ 6107. Authorization of appropriations
‘‘(a) FOR GRANTS TO STATES.—There are authorized
to be appropriated to the Secretary in fiscal year 1999 no
more than $1,000,000 and in fiscal year 2000 no more than
$5,000,000, to be available until expended, to provide grants
to States under section 6106.
‘‘(b) FOR ADMINISTRATION.—There are authorized to
be appropriated to the Secretary such sums as may be nec-
essary during fiscal years 1998, 1999, and 2000 to carry
out sections 6103, 6104, and 6105.
‘‘(c) GENERAL REVENUE FUNDING.—Any sums appro-
priated under this section shall be derived from general rev-
enues and may not be derived from amounts collected under
section 60301 of this title.’’.
(b) CONFORMING AMENDMENTS.—
(1) The table of chapters for subtitle III is
amended by adding at the end thereof the following:
‘‘61. One-Call Notification Program .............................................. 6101’’.
(2) Chapter 601 is amended—
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(A) by striking ‘‘sections 60114 and’’ in sec-
tion 60105(a) of that chapter and inserting ‘‘sec-
tion’’;
(B) by striking section 60114 and the item
relating to that section in the table of sections for
that chapter;
(C) by striking ‘‘60114(c), 60118(a),’’ in
section 60122(a)(1) of that chapter and inserting
‘‘60118(a),’’;
(D) by striking ‘‘60114(c) or’’ in section
60123(a) of that chapter;
(E) by striking ‘‘sections 60107 and
60114(b)’’ in subsections (a) and (b) of section
60125 and inserting ‘‘section 60107’’ in each
such subsection; and
(F) by striking subsection (d) of section
60125, and redesignating subsections (e) and (f)
of that section as subsections (d) and (e), respec-
tively.
Subtitle D—Motor Carrier Safety
SEC. 3401. STATEMENT OF PURPOSES.
Chapter 311 is amended—
(1) by inserting before section 31101 the follow-
ing:
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‘‘§ 31100. Purpose
‘‘The purposes of this subchapter are—
‘‘(1) to improve commercial motor vehicle and
driver safety;
‘‘(2) to facilitate efforts by the Secretary, States,
and other political jurisdictions, working in partner-
ship, to focus their resources on strategic safety in-
vestments;
‘‘(3) to increase administrative flexibility;
‘‘(4) to improve enforcement activities;
‘‘(5) to invest in activities related to areas of the
greatest crash reduction;
‘‘(6) to identify high risk carriers and drivers;
and
‘‘(7) to improve information and analysis sys-
tems.’’; and
(2) by inserting before the item relating to sec-
tion 31101 in the chapter analysis for chapter 311 the
following:
‘‘31100. Purposes.’’.
SEC. 3402. GRANTS TO STATES.
(a) PERFORMANCE-BASED GRANTS.—Section 31102 is
amended—
(1) in subsection (a), by inserting ‘‘improving
motor carrier safety and’’ after ‘‘programs for’’; and
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(2) in the first sentence of subsection (b)(1), by
striking ‘‘adopt and assume responsibility for enforc-
ing’’ and inserting ‘‘assume responsibility for improv-
ing motor carrier safety and to adopt and enforce’’.
(b) HAZARDOUS
MATERIALS.—Section 31102 is
amended—
(1) in subsection (a), by inserting a comma and
‘‘hazardous materials transportation safety,’’ after
‘‘commercial motor vehicle safety’’; and
(2) in the first sentence of subsection (b), by in-
serting ‘‘, hazardous materials transportation safety,’’
after ‘‘commercial motor vehicle safety’’.
(c) CONTENTS OF STATE PLANS.—Section 31102(b)(1)
is amended—
(1) by redesignating subparagraphs (A) through
(Q) as subparagraphs (B) through (R), respectively;
(2) by inserting before subparagraph (B), as re-
designated, the following:
‘‘(A) implements performance-based activi-
ties by fiscal year 2000;’’
(3) by inserting ‘‘(1)’’ in subparagraph (K), as
redesignated, after ‘‘(c)’’;
(4) by striking subparagraphs (L), (M), and (N)
as redesignated, and inserting the following:
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‘‘(L) ensures consistent, effective, and rea-
sonable sanctions;
‘‘(M) ensures that the State agency will co-
ordinate the plan, data collection, and informa-
tion systems with the State highway safety pro-
grams under title 23;
‘‘(N) ensures participation in SAFETYNET
by all jurisdictions receiving funding;’’;
(5) in subparagraph (P), as redesignated, by
striking ‘‘activities—’’ and inserting ‘‘activities in
support of national priorities and performance goals
including—’’;
(6) in clause (i) of subparagraph (P), as redesig-
nated, by striking ‘‘to remove’’ and inserting ‘‘activi-
ties aimed at removing’’; and
(7) in clause (ii) of subparagraph (P), as redes-
ignated, by striking ‘‘to provide’’ and inserting ‘‘ac-
tivities aimed at providing’’.
SEC. 3403. FEDERAL SHARE.
Section 31103 is amended—
(1) by inserting before ‘‘The Secretary of Trans-
portation’’ the following:
‘‘(a) COMMERCIAL MOTOR VEHICLE SAFETY PRO-
GRAMS AND ENFORCEMENT.—’’;
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(2) by inserting ‘‘improve commercial motor ve-
hicle safety and’’ in the first sentence before ‘‘enforce’’;
and
(3) by adding at the end the following:
‘‘(b) OTHER ACTIVITIES.—The Secretary may reim-
burse State agencies, local governments, or other persons up
to 
100 
percent 
for 
those 
activities 
identified 
in
31104(f)(2).’’.
SEC. 3404. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Section 31104(a) is amended to
read as follows:
‘‘(a) IN GENERAL.—Subject to section 9503(c)(1) of the
Internal Revenue Code of 1986, there are available from the
Highway Trust Fund (except the Mass Transit Account)
for the Secretary of Transportation to incur obligations to
carry out section 31102 of this title, not more than—
‘‘(1) $80,000,000 for the fiscal year ending Sep-
tember 30, 1998;
‘‘(2) $100,000,000 for the fiscal year ending Sep-
tember 30, 1999;
‘‘(3) $97,000,000 for the fiscal year ending Sep-
tember 30, 2000;
‘‘(4) $94,000,000 for the fiscal year ending Sep-
tember 30, 2001;
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‘‘(5) $90,500,000 for the fiscal year ending Sep-
tember 30, 2002; and
‘‘(6) $90,500,000 for the fiscal year ending Sep-
tember 30, 2003.’’.
(b) 
AVAILABILITY
AND
REALLOCATION.—Section
31104(b)(2) is amended to read as follows:
‘‘(2) Amounts made available under section
4002(e)(1) and (2) of the Intermodal Surface Trans-
portation Efficiency Act of 1991 before October 1,
1996, that are not obligated on October 1, 1997, are
available for obligation under paragraph (1).’’.
(c) ALLOCATION
CRITERIA.—Section 31104(f) is
amended to read as follows:
‘‘(f) ALLOCATION CRITERIA AND ELIGIBILITY.—
‘‘(1) On October 1 of each fiscal year or as soon
after that date as practicable, the Secretary, after
making the deduction described in subsection (e) of
this section, shall allocate, under criteria the Sec-
retary prescribes through regulation, the amounts
available for that fiscal year among the States with
plans approved under section 31102 of this title.
‘‘(2) The Secretary may designate—
‘‘(A) not less than 5 percent of such
amounts for activities and projects of national
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priority for the improvement of commercial
motor vehicle safety; and
‘‘(B) not less than 5 percent of such
amounts to reimburse States for border commer-
cial motor vehicle safety programs and enforce-
ment activities and projects.
The amounts referred to in subparagraph (B) shall be
allocated by the Secretary to State agencies and local
governments that use trained and qualified officers
and employees in coordination with State motor vehi-
cle safety agencies.’’.
(d) OTHER AMENDMENTS.—
(1) Section 31104 is amended by striking sub-
section (g) and redesignating subsection (h) as sub-
section (g).
(2) Section 31104 is amended by striking sub-
section (i) and redesignating subsection (j) as sub-
section (h).
SEC. 3405. INFORMATION SYSTEMS AND STRATEGIC SAFETY
INITIATIVES.
Section 31106 is amended to read as follows:
‘‘§ 31106. Information systems and strategic safety ini-
tiatives
‘‘(a) INFORMATION SYSTEMS.—
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‘‘(1) IN GENERAL.—The Secretary is authorized
to establish motor carrier information systems and
data analysis programs to support motor carrier reg-
ulatory and enforcement activities required under this
title. In cooperation with the States, the information
systems shall be coordinated into a network providing
accurate identification of motor carriers and drivers,
registration and licensing tracking, and motor carrier
and driver safety performance. The Secretary shall
develop and maintain data analysis capacity and
programs to provide the means to develop strategies
to address safety problems and to use data analysis
to measure the effectiveness of these strategies and re-
lated programs; to determine the cost effectiveness of
Federal and State safety compliance, enforcement
programs, and other countermeasures; to evaluate the
safety fitness of motor carriers and drivers; to iden-
tify and collect necessary data; and to adapt, im-
prove, and incorporate other information and infor-
mation systems as deemed appropriate by the Sec-
retary.
‘‘(2) PERFORMANCE AND REGISTRATION INFOR-
MATION SYSTEMS MANAGEMENT.—
‘‘(A) The Secretary shall include, as part of
the motor carrier safety information network
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system of the Department of Transportation, an
information system, to be called the Performance
and Registration Information Systems Manage-
ment, to serve as a clearinghouse and repository
of information related to State registration and
licensing of commercial motor vehicles and the
safety system of the commercial motor vehicle
registrants or the motor carriers operating the
vehicles. The Secretary may include in the sys-
tem information on the safety fitness of each of
the motor carriers and registrants and other in-
formation the Secretary considers appropriate,
including information on vehicle, driver, and
motor carrier safety performance.
‘‘(B) The Secretary shall prescribe technical
and operational standards to ensure—
‘‘(i) uniform, timely and accurate in-
formation collection and reporting by the
States necessary to carry out this system;
‘‘(ii) uniform Federal and State proce-
dures and policies necessary to operate the
Commercial Vehicle Information System;
and
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‘‘(iii) the availability and reliability of
the information to the States and the Sec-
retary from the information system.
‘‘(C) The system shall link the Federal
motor carrier safety systems with State driver
and commercial vehicle registration and licens-
ing systems, and shall be designed—
‘‘(i) to enable a State, when issuing li-
cense plates or throughout the registration
period for a commercial motor vehicle, to
determine, through the use of the informa-
tion system, the safety fitness of the reg-
istrant or motor carrier;
‘‘(ii) to allow a State to decide, in co-
operation with the Secretary, the types of
sanctions that may be imposed on the reg-
istrant or motor carrier, or the types of con-
ditions or limitations that may be imposed
on the operations of the registrant or motor
carrier that will ensure the safety fitness of
the registrant or motor carrier;
‘‘(iii) to monitor the safety fitness of
the registrant or motor carrier during the
registration period; and
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‘‘(iv) to require the State, as a condi-
tion of participation in the system, to im-
plement uniform policies, procedures, and
standards, and to possess or seek authority
to impose commercial motor vehicle reg-
istration sanctions on the basis of a Federal
safety fitness determination.
‘‘(D) Of the amounts available for expendi-
ture under this section, up to 50 percent in each
of fiscal years 1998, 1999, 2000, 2001, 2002, and
2003 may be made available to carry out this
paragraph. The Secretary may authorize the op-
eration of the information system by contract,
through an agreement with 1 or more States, or
by designating, after consultation with the
States, a third party that represents the interests
of the States. Of the amounts made available to
carry out this paragraph, the Secretary is en-
couraged to direct no less than 80 percent to
States that have not previously received finan-
cial assistance to develop or implement the Per-
formance and Registration Information Systems
Management system.
‘‘(b) COMMERCIAL MOTOR VEHICLE DRIVER SAFETY
PROGRAM.—The Secretary is authorized to establish a pro-
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gram focusing on improving commercial motor vehicle driv-
er safety. The objectives of the program shall include—
‘‘(1) enhancing the exchange of driver licensing
information among employers, the States, the Federal
Government, and foreign countries;
‘‘(2) providing information to the judicial sys-
tem on the commercial motor vehicle driver licensing
program; and
‘‘(3) evaluating any aspect of driver performance
and safety that the Secretary deems appropriate.
‘‘(c) COOPERATIVE AGREEMENTS, GRANTS, AND CON-
TRACTS.—The Secretary may carry out this section either
independently or in cooperation with other Federal depart-
ments, agencies, and instrumentalities, or by making grants
to and entering into contracts and cooperative agreements
with States, localities, associations, institutions, corpora-
tions (profit or nonprofit) or other persons.’’.
SEC. 3406. IMPROVED FLOW OF DRIVER HISTORY PILOT
PROGRAM.
The Secretary of Transportation shall carry out a pilot
program in cooperation with 1 or more States to improve
upon the timely exchange of pertinent driver performance
and safety records data to motor carriers. The program
shall—
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(1) determine to what extent driver performance
records data, including relevant fines, penalties, and
failures to appear for a hearing or trial, should be in-
cluded as part of any information systems under the
Department of Transportation’s oversight;
(2) assess the feasibility, costs, safety impact,
pricing impact, and benefits of record exchanges; and
(3) assess methods for the efficient exchange of
driver safety data available from existing State infor-
mation systems and sources.
SEC. 3407. MOTOR CARRIER AND DRIVER SAFETY RE-
SEARCH.
Of the funds made available to carry out programs es-
tablished by the amendments made by title II of the Inter-
modal Surface Transportation Efficiency Act of 1998, no
less than $10,000,000 shall be made available for each of
fiscal years 1998, 1999, 2000, 2001, 2002, and 2003 for
activities designed to advance commercial motor vehicle and
driver safety. Any obligation, contract, cooperative agree-
ment, or support granted under this section in excess of
$250,000 shall be awarded on a competitive basis. The Sec-
retary shall submit annually a report to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives on the research activities carried
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out under this section, including the amount, purpose, re-
cipient and nature of each contract, cooperative agreement
or award and results of such research activities carried out
under this section, including benefits to motor carrier safe-
ty.’’.
SEC. 3408. AUTHORIZATION OF APPROPRIATIONS.
Section 31107 is amended to read as follows:
‘‘§ 31107. Authorization of appropriations for informa-
tion systems and strategic safety initia-
tives
‘‘(a) IN GENERAL.—There shall be available from the
Highway Trust Fund (other than the Mass Transit Ac-
count) for the Secretary to incur obligations to carry out
section 31106—
‘‘(1) $10,000,000 for fiscal year 1998;
‘‘(2) $9,620,000 for fiscal year 1999;
‘‘(3) $9,620,000 for fiscal year 2000;
‘‘(4) $9,620,000 for fiscal year 2001;
‘‘(5) $9,320,000 for fiscal year 2002; and
‘‘(6) $9,320,000 for fiscal year 2003.
‘‘(b) AVAILABILITY.—The amounts made available
under this subsection shall remain available until ex-
pended.’’.
SEC. 3409. CONFORMING AMENDMENTS.
The chapter analysis for chapter 311 is amended—
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(1) by striking the heading for subchapter I and
inserting the following:
‘‘SUBCHAPTER I—STATE GRANTS AND OTHER COMMERCIAL MOTOR
VEHICLE PROGRAMS’’;
and
(2) by striking the items relating to sections
31106 and 31107 and inserting the following:
‘‘31106. Information systems and strategic safety initiatives.
‘‘31107. Authorization of appropriations for information systems and strategic
safety initiatives.’’.
SEC. 3410. AUTOMOBILE TRANSPORTER DEFINED.
Section 31111(a) is amended—
(1) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(2) by inserting before paragraph (2), as redesig-
nated, the following:
‘‘(1) ‘automobile transporter’ means any vehicle
combination designed and used specifically for the
transport of assembled highway vehicles, including
truck camper units.’’.
SEC. 3411. REPEAL OF REVIEW PANEL; REVIEW PROCE-
DURE.
(a) REPEAL.—Subchapter III of chapter 311 is
amended—
(1) by striking sections 31134 and 31140; and
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(2) by striking the items relating to sections
31134 and 31140 in the chapter analysis for that
chapter.
(b) REVIEW PROCEDURE.—
(1) IN GENERAL.—Section 31141 is amended—
(A) by striking subsection (b) and redesig-
nating subsections (c), (d), (e), (f), (g), and (h)
as subsections (b), (c), (d), (e), (f), and (g), re-
spectively;
(B) by striking so much of subsection (b), as
redesignated, as precedes paragraph (2) and in-
serting the following:
‘‘(b) REVIEW AND DECISIONS BY THE SECRETARY.—
‘‘(1) The Secretary shall review the laws and
regulations on commercial motor vehicle safety in ef-
fect in each State, and decide—
‘‘(A) whether the State law or regulation—
‘‘(i) has the same effect as a regulation
prescribed by the Secretary under section
31136 of this title;
‘‘(ii) is less stringent than that regula-
tion; or
‘‘(iii) is additional to or more strin-
gent than that regulation; and
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‘‘(B) for each State law or regulation which
is additional to or more stringent than the regu-
lation prescribed by the Secretary, whether—
‘‘(i) the State law or regulation has no
safety benefit;
‘‘(ii) the State law or regulation is in-
compatible with the regulation prescribed
by the Secretary under section 31136 of this
title; or
‘‘(iii) enforcement of the State law or
regulation would cause an unreasonable
burden on interstate commerce.’’;
(C) by striking paragraph (5) of subsection
(b)(5), as redesignated, and inserting the follow-
ing:
‘‘(5) In deciding under paragraph (4) of this
subsection whether a State law or regulation will
cause an unreasonable burden on interstate commerce,
the Secretary may consider the effect on interstate
commerce of implementation of all similar laws and
regulations of other States.’’;
(D) by striking subsections (d) and (e), as
redesignated, and inserting the following:
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‘‘(d) WRITTEN NOTICE OF DECISIONS.—The Secretary
shall give written notice of the decision under subsection
(b) of this section to the State concerned.’’; and
(E) by redesignating subsections (f) and (g),
as redesignated, as subsections (e) and (f), re-
spectively.
(2) CONFORMING CHANGES.—
(A) The heading of section 31141 of such
title is amended to read as follows:
‘‘§ 31141. Preemption of State laws and regulations’’.
(B) The chapter analysis of chapter 311 of
such title is amended by striking the item relat-
ing to section 31141 and inserting the following:
‘‘31141. Preemption of State laws and regulations.’’.
(c) INSPECTION OF VEHICLES.—
(1) Section 31142 is amended—
(A) in subsection (a), by striking ‘‘part 393
of title 49, Code of Federal Regulations’’ and in-
serting ‘‘regulations issued pursuant to section
31135 of this title’’; and
(B) by striking subsection (c)(1)(C) and in-
serting the following:
‘‘(C) prevent a State from participating in
the activities of a voluntary group of States en-
forcing a program for inspection of commercial
motor vehicles; or’’.
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(2) Subchapter IV of chapter 311 is amended—
(A) by striking sections 31161 and 31162;
and
(B) by striking the items relating to sections
31161 and 31162 in the chapter analysis for that
chapter.
(3) Section 31102(b)(1), as amended by section
3402(c)(1), is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (Q);
(B) by striking ‘‘thereunder.’’ in subpara-
graph (R) and inserting ‘‘thereunder; and’’; and
(C) by adding at the end thereof the follow-
ing:
‘‘(S) provides that the State will establish a
program (i) to ensure the proper and timely cor-
rection of commercial motor vehicle safety viola-
tions noted during an inspection carried out
with funds authorized under section 31104 of
this title; and (ii) to ensure that information is
exchanged among the States in a timely man-
ner.’’.
(d) SAFETY FITNESS OF OWNERS AND OPERATORS.—
Section 31144 is amended to read as follows:
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‘‘§ 31144. Safety fitness of owners and operators
‘‘(a) PROCEDURE.—The Secretary of Transportation
shall maintain in regulation a procedure for determining
the safety fitness of owners and operators of commercial
motor vehicles, including persons seeking new or additional
operating authority as motor carriers under section 13902
of this title. The procedure shall include—
‘‘(1) specific initial and continuing requirements
to be met by the owners, operators, and other persons
to demonstrate safety fitness;
‘‘(2) a means of deciding whether the owners, op-
erators, or other persons meet the safety requirements
under paragraph (1); and
‘‘(3) specific time deadlines for action by the
Secretary in making fitness decisions.
‘‘(b) PROHIBITED TRANSPORTATION.—Except as pro-
vided in sections 521(b)(5)(A) and 5113, a motor carrier
that fails to meet the safety fitness requirements established
under subsection (a) may not operate in interstate com-
merce beginning on the 61st day after the date of the deter-
mination by the Secretary that the motor carrier fails to
meet the safety fitness requirements and until the motor
carrier meets the safety fitness requirements. The Secretary
may, for good cause shown, provide a carrier with up to
an additional 60 days to meet the safety fitness require-
ments.
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‘‘(c) RATING REVIEW.—The Secretary shall review the
factors that resulted in a motor carrier failing to meet the
safety fitness requirements not later than 45 days after the
motor carrier requests a review.
‘‘(d) GOVERNMENT USE PROHIBITED.—A department,
agency, or instrumentality of the United States Government
may not use a motor carrier that does not meet the safety
fitness requirements.
‘‘(e) PUBLIC AVAILABILITY; UPDATING OF FITNESS
DETERMINATIONS.—The Secretary shall amend the motor
carrier safety regulations in subchapter B of chapter III
of title 49, Code of Federal Regulations, to establish a sys-
tem to make readily available to the public, and to update
periodically, the final safety fitness determinations of motor
carriers made by the Secretary.
‘‘(f) PENALTIES.—The Secretary shall prescribe regu-
lations setting penalties for violations of this section con-
sistent with section 521 of this title.’’.
(e) SAFETY FITNESS OF PASSENGER AND HAZARDOUS
MATERIAL CARRIERS.—
(1) IN GENERAL.—Section 5113 is amended—
(A) by striking subsection (a) and inserting
the following:
‘‘(a) PROHIBITED TRANSPORTATION.—
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‘‘(1) A motor carrier that fails to meet the safety
fitness requirements established under subsection
31144(a) of this title may not operate a commercial
motor vehicle (as defined in section 31132 of this
title)—
‘‘(A) to transport hazardous material for
which placarding of a motor vehicle is required
under regulations prescribed under this chapter;
or
‘‘(B) to transport more than 15 individuals.
‘‘(2) The prohibition in paragraph (1) of this
subsection applies beginning on the 46th day after the
date on which the Secretary determines that a motor
carrier fails to meet the safety fitness requirements
and applies until the motor carrier meets the safety
fitness requirements.’’;
(B) by striking ‘‘RATING’’ in the heading of
subsection (b) and inserting ‘‘FITNESS’’;
(C) by striking ‘‘receiving an unsatisfactory
rating’’ in subsection (b) and inserting ‘‘failing
to meet the safety fitness requirements’’;
(D) by striking ‘‘has an unsatisfactory rat-
ing from the Secretary’’ in subsection (c) and in-
serting ‘‘failed to meet the safety fitness require-
ments’’; and
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(E) by striking ‘‘RATINGS’’ in the heading
of subsection (d) and inserting ‘‘FITNESS DE-
TERMINATIONS’’;
(F) by striking ‘‘, in consultation with the
Interstate Commerce Commission,’’ in subsection
(d); and
(G) by striking ‘‘ratings of motor carriers
that have unsatisfactory ratings from’’ in sub-
section (d) and inserting ‘‘fitness determinations
of motor carriers made by’’.
(2) CONFORMING AMENDMENTS.—
(A) The heading of section 5113 of such
chapter is amended to read as follows:
‘‘§ 5113. Safety fitness of passenger and hazardous
material carriers’’.
(B) The chapter analysis for chapter 51 is
amended by striking the item relating to section
5113 and inserting the following:
‘‘5113. Safety fitness of passenger and hazardous material carriers.’’.
(f) DEFINITIONS.—
(1) Section 31101(1) is amended—
(A) in subparagraph (A)—
(i) by inserting ‘‘or gross vehicle
weight, whichever is greater,’’ after ‘‘rat-
ing’’; and
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(ii) by striking ‘‘10,000’’ and inserting
‘‘10,001’’;
(B) in subparagraph (B), by striking ‘‘driv-
er; or’’ and inserting ‘‘driver, or a smaller num-
ber of passengers including the driver as deter-
mined under regulations implementing sections
31132(1)(B) or 31301(4)(B)’’;
(C) in subparagraph (C), by inserting ‘‘and
transported in a quantity requiring placarding
under regulations prescribed by the Secretary
under section 5103’’ after ‘‘title’’.
(2) Section 31132 is amended—
(A) in paragraph (1)(A), by inserting ‘‘or
gross vehicle weight, whichever is greater,’’ after
‘‘rating’’; and
(B) by adding at the end of paragraph (3)
the following:
‘‘For purposes of this paragraph, the term ‘business
affecting interstate commerce’ means a business pre-
dominantly engaged in employing commercial motor
vehicles in interstate commerce and includes all oper-
ations of the business in intrastate commerce which
use vehicles otherwise defined as commercial motor ve-
hicles under paragraph (1) of this section.’’.
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(g) EMPLOYEE PROTECTIONS.—Not later than 2 years
after the date of enactment of this Act, the Secretary of
Transportation, in conjunction with the Secretary of Labor,
shall report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives on the effectiveness of existing statutory employee pro-
tections provided for under section 31105 of title 49, United
States Code. The report shall include recommendations to
address any statutory changes as may be necessary to
strengthen the enforcement of such employee protection pro-
visions.
(h) INSPECTIONS AND REPORTS.—
(1) GENERAL
POWERS
OF
THE
SECRETARY.—
Section 31133(a)(1) is amended by inserting ‘‘and
make contracts for’’ after ‘‘conduct’’.
(2) REPORTS AND RECORDS.—Section 504(c) is
amended by inserting ‘‘(and, in the case of a motor
carrier, a contractor)’’ before the second comma.
SEC. 3412. COMMERCIAL MOTOR VEHICLE OPERATORS.
(a) REPEAL OF OBSOLETE GRANT PROGRAMS.—Chap-
ter 313 is amended—
(1) by striking sections 31312 and 31313; and
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(2) by striking the items relating to sections
31312 and 31313 in the chapter analysis for that
chapter.
(b) COMMERCIAL
DRIVER’S
LICENSE
REQUIRE-
MENT.—
(1) IN GENERAL.—Section 31302 is amended to
read as follows:
‘‘§ 31302. Commercial driver’s license requirement
‘‘No individual shall operate a commercial motor vehi-
cle without a commercial driver’s license issued according
to section 31308 of this title.’’.
(2) CONFORMING AMENDMENTS.—
(A) The chapter analysis for that chapter is
amended by striking the item relating to section
31302 and inserting the following:
‘‘31302. Commercial driver’s license requirement.’’.
(B) Section 31305(a) is amended by redes-
ignating paragraphs (2) through (8) as para-
graphs (3) through (9), respectively, and by in-
serting after paragraph (1) the following:
‘‘(2) may establish performance-based testing
and licensing standards that more accurately measure
and reflect an individual’s knowledge and skills as an
operator;’’.
(c) COMMERCIAL DRIVER’S LICENSE INFORMATION
SYSTEM.—Section 31309 is amended—
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(1) in subsection (a), by striking ‘‘make an
agreement under subsection (b) of this section for the
operation of, or establish under subsection (c) of this
section,’’ and inserting ‘‘maintain’’;
(2) by striking subsections (b) and (c) and redes-
ignating subsections (d), (e), and (f) as subsections
(b), (c), and (d), respectively;
(3) by striking ‘‘Not later than December 31,
1990, the’’ in paragraph (2) of subsection (b), as re-
designated, and inserting ‘‘The’’; and
(4) in subsection (c), as redesignated—
(A) by inserting after the heading the fol-
lowing: ‘‘Information about a driver in the in-
formation system may be made available under
the following circumstances:’’; and
(B) by starting a new paragraph with ‘‘(1)
On request’’ and indenting the paragraph 2 ems
from the lefthand margin.
(d) REQUIREMENTS FOR STATE PARTICIPATION.—Sec-
tion 31311(a) is amended—
(1) by striking ‘‘31310(b)-(e)’’ in paragraph (15)
and inserting ‘‘31310 (b)-(e), and (g)(1)(A) and (2)’’;
(2) by striking paragraph (17); and
(3) by redesignating paragraph (18) as para-
graph (17).
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(e) WITHHOLDING AMOUNTS FOR STATE NONCOMPLI-
ANCE.—Section 31314 is amended—
(1) in subsection (a), by striking ‘‘, (2), (5), and
(6)’’ and inserting ‘‘(3), and (5)’’;
(2) in subsections (a) and (b), by striking
‘‘1992’’ each place it appears and inserting ‘‘1995’’;
(3) in subsection (c), by striking paragraph (1);
(4) in subsection (c)(2), by striking ‘‘(2)’’;
(5) by striking subsection (d); and
(6) by redesignating subsection (e) as subsection
(d).
(f) COMMERCIAL MOTOR VEHICLE DEFINED.—Section
31301 is amended—
(1) in paragraph (4)(A), by inserting ‘‘or gross
vehicle weight, whichever is greater,’’ after ‘‘rating’’
each place it appears; and
(2) in paragraph (4)(C)(ii), by inserting ‘‘is’’ be-
fore ‘‘transporting’’ each place it appears and before
‘‘not otherwise’’.
(g) SAFETY PERFORMANCE HISTORY OF NEW DRIV-
ERS; LIMITATION ON LIABILITY.—
(1) IN GENERAL.—Chapter 5 is amended by add-
ing at the end the following:
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‘‘§ 508. Safety performance history of new drivers; lim-
itation on liability
‘‘(a) LIMITATION ON LIABILITY.—No action or pro-
ceeding for defamation, invasion of privacy, or interference
with a contract that is based on the furnishing or use of
safety performance records in accordance with regulations
issued by the Secretary may be brought against—
‘‘(1) a motor carrier requesting the safety per-
formance records of an individual under consider-
ation for employment as a commercial motor vehicle
driver as required by and in accordance with regula-
tions issued by the Secretary;
‘‘(2) a person who has complied with such a re-
quest; or
‘‘(3) the agents or insurers of a person described
in paragraph (1) or (2).
‘‘(b) RESTRICTIONS.—
‘‘(1) Subsection (a) does not apply unless—
‘‘(A) the motor carrier requesting the safety
performance records at issue, the person comply-
ing with such a request, and their agents have
taken all precautions reasonably necessary to en-
sure the accuracy of the records and have fully
complied with the regulations issued by the Sec-
retary in using and furnishing the records, in-
cluding the requirement that the individual who
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is the subject of the records be afforded a reason-
able opportunity to review and comment on the
records;
‘‘(B) the motor carrier requesting the safety
performance records, the person complying with
such a request, their agents, and their insurers,
have taken all precautions reasonably necessary
to protect the records from disclosure to any per-
son, except for their insurers, not directly in-
volved in forwarding the records or deciding
whether to hire that individual; and
‘‘(C) the motor carrier requesting the safety
performance records has used those records only
to assess the safety performance of the individual
who is the subject of those records in deciding
whether to hire that individual.
‘‘(2) Subsection (a) does not apply to persons
who knowingly furnish false information.
‘‘(c) PREEMPTION OF STATE AND LOCAL LAW.—No
State or political subdivision thereof may enact, prescribe,
issue, continue in effect, or enforce any law (including any
regulation, standard, or other provision having the force
and effect of law) that prohibits, penalizes, or imposes li-
ability for furnishing or using safety performance records
in accordance with regulations issued by the Secretary. Not-
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withstanding any provision of law, written authorization
shall not be required to obtain information on the motor
vehicle driving record of an individual under consideration
for employment with a motor carrier.’’.
(2) CONFORMING
AMENDMENT.—The chapter
analysis for chapter 5 is amended by inserting after
the item relating to section 507 the following:
‘‘508. Safety performance history of new drivers; limitation on liability.’’.
SEC. 3413. PENALTIES.
(a) NOTIFICATION OF VIOLATIONS AND ENFORCEMENT
PROCEDURES.—Section 521(b)(1) is amended—
(1) by inserting: ‘‘with the exception of reporting
and recordkeeping violations,’’ in the first sentence of
subparagraph (A) after ‘‘under any of those provi-
sions,’’;
(2) by striking ‘‘fix a reasonable time for abate-
ment of the violation,’’ in the third sentence of sub-
paragraph (A);
(3) by striking ‘‘(A)’’ in subparagraph (A); and
(4) by striking subparagraph (B).
(b) CIVIL PENALTIES.—Section 521(b)(2) is amend-
ed—
(1) by striking subparagraph (A) and inserting
the following:
‘‘(A) IN
GENERAL.—Except as otherwise
provided in this subsection, any person who is
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determined by the Secretary, after notice and op-
portunity for a hearing, to have committed an
act that is a violation of regulations issued by
the Secretary under subchapter III of chapter
311 (except sections 31137 and 31138) or section
31502 of this title shall be liable to the United
States for a civil penalty in an amount not to
exceed $10,000 for each offense. Notwithstanding
any other provision of this section (except sub-
paragraph (C)), no civil penalty shall be assessed
under this section against an employee for a vio-
lation in an amount exceeding $2,500.’’;
(2) by redesignating subparagraphs (B) and (C)
as subparagraphs (C) and (D), respectively; and
(3) by inserting after subparagraph (A) the fol-
lowing:
‘‘(B) RECORDKEEPING AND REPORTING VIO-
LATIONS.—
‘‘(i) A person required to make a re-
port to the Secretary, answer a question, or
make, prepare, or preserve a record under
section 504 of this title or under any regu-
lation issued by the Secretary pursuant to
subchapter III of chapter 311 (except sec-
tions 31137 and 31138) or section 31502 of
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this title about transportation by motor car-
rier, motor carrier of migrant workers, or
motor private carrier, or an officer, agent,
or employee of that person, who—
‘‘(I) does not make that report;
‘‘(II) does not specifically, com-
pletely, and truthfully answer that
question in 30 days from the date the
Secretary requires the question to be
answered; or
‘‘(III) does not make, prepare, or
preserve that record in the form and
manner prescribed by the Secretary,
shall be liable to the United States for a
civil penalty in an amount not to exceed
$500 for each offense, and each day of the
violation shall constitute a separate offense,
except that the total of all civil penalties as-
sessed against any violator for all offenses
related to any single violation shall not ex-
ceed $5,000.
‘‘(ii) Any such person, or an officer,
agent, or employee of that person, who—
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‘‘(I) knowingly falsifies, destroys,
mutilates, or changes a required report
or record;
‘‘(II) knowingly files a false re-
port with the Secretary;
‘‘(III) knowingly makes or causes
or permits to be made a false or in-
complete entry in that record about an
operation or business fact or trans-
action; or
‘‘(IV) knowingly makes, prepares,
or preserves a record in violation of a
regulation or order of the Secretary,
shall be liable to the United States for a
civil penalty in an amount not to exceed
$5,000 for each violation, provided that any
such action can be shown to have misrepre-
sented a fact that constitutes a violation
other than a reporting or recordkeeping vio-
lation.’’.
SEC. 3414. INTERNATIONAL REGISTRATION PLAN AND
INTERNATIONAL FUEL TAX AGREEMENT.
Chapter 317 is amended—
(1) by striking sections 31702, 31703, and
31708; and
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(2) by striking the items relating to sections
31702, 31703, and 31708 in the chapter analysis for
that chapter.
SEC. 3415. STUDY OF ADEQUACY OF PARKING FACILITIES.
The Secretary shall conduct studies to determine the
location and quantity of parking facilities at commercial
truck stops and travel plazas and public rest areas that
could be used by motor carriers to comply with Federal
hours-of-service rules. Each study shall include an inven-
tory of current facilities serving corridors of the National
Highway System, analyze where specific shortages exist or
are projected to exist, and propose a specific plan to reduce
the shortages. The studies may be carried out in cooperation
with research entities representing the motor carrier and
travel plaza industry. The studies shall be completed not
later than 36 months after the date of enactment of this
Act.
SEC. 3416. APPLICATION OF REGULATIONS.
(a) APPLICATION OF REGULATIONS TO CERTAIN COM-
MERCIAL MOTOR VEHICLES.—Section 31135 as redesig-
nated, is amended by adding at the end the following:
‘‘(g) APPLICATION TO CERTAIN VEHICLES.—Effective
12 months after the date of enactment of the Intermodal
Transportation Safety Act of 1998, regulations prescribed
under this section shall apply to operators of commercial
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motor vehicles described in section 31132(1)(B) to the extent
that those regulations did not apply to those operators be-
fore the day that is 12 months after such date of enactment,
except to the extent that the Secretary determines, through
a rulemaking proceeding, that it is appropriate to exempt
such operations of commercial motor vehicles from the ap-
plication of those regulations.’’.
(b) DEFINITION.—Section 31301(4)(B) is amended to
read as follows:
‘‘(B) is designed or used to transport—
‘‘(i) passengers for compensation, but
does not include a vehicle providing taxicab
service and having a capacity of not more
than 6 passengers and not operated on a
regular route or between specified places; or
‘‘(ii) more than 15 passengers, includ-
ing the driver, and not used to transport
passengers for compensation; or’’.
(c) APPLICATION OF REGULATIONS TO CERTAIN OPER-
ATORS.—
(1) Chapter 313 is amended by adding at the
end the following:
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‘‘§ 31318. Application of regulations to certain opera-
tors
‘‘Effective 12 months after the date of enactment of the
Intermodal Transportation Safety Act of 1998, regulations
prescribed under this chapter shall apply to operators of
commercial motor vehicles described in section 31301(4)(B)
to the extent that those regulations did not apply to those
operators before the day that is 1 year after such date of
enactment, except to the extent that the Secretary deter-
mines, after notice and opportunity for public comment,
that it is appropriate to exempt such operators of commer-
cial motor vehicles from the application of those regula-
tions.’’.
(2) The analysis for chapter 313 is amended by
adding at the end the following:
‘‘31318. Application of regulations to certain operators.’’.
(d) DEADLINE FOR CERTAIN DEFINITIONAL REGULA-
TIONS.—The Secretary shall issue regulations implement-
ing the definition of commercial motor vehicles under sec-
tion 31132(1)(B) and section 31301(4)(B) of title 49,
United States Code, as amended by this Act within 12
months after the date of enactment of this Act.
SEC. 3417. AUTHORITY OVER CHARTER BUS TRANSPOR-
TATION.
Section 14501(a) is amended—
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(1) by striking ‘‘route or relating’’ and inserting
‘‘route;’’; and
(2) by striking ‘‘required.’’ and inserting ‘‘re-
quired; or to the authority to provide intrastate or
interstate charter bus transportation.’’.
SEC. 3418. FEDERAL MOTOR CARRIER SAFETY INVESTIGA-
TIONS.
The Department of Transportation shall maintain the
level of Federal motor carrier safety investigators for inter-
national border commercial vehicle inspections as in effect
on September 30, 1997, or provide for alternative resources
and mechanisms to ensure an equivalent level of commercial
motor vehicle safety inspections. Such funds as are nec-
essary to carry out this section shall be made available
within the limitation on general operating expenses of the
Department of Transportation.
SEC. 3419. FOREIGN MOTOR CARRIER SAFETY FITNESS.
(a) IN GENERAL.—No later than 90 days after enact-
ment of this Act, the Secretary of Transportation shall make
a determination regarding the willingness and ability of
any foreign motor carrier, the application for which has
not been processed due to the moratorium on the granting
of authority to foreign carriers to operate in the United
States, to meet the safety fitness and other regulatory re-
quirements under this title.
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(b) REPORT.—Not later than 120 days after the date
of enactment this Act, the Secretary of Transportation shall
submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives on the application of section 13902(c)(9) of title
49, United States Code. The report shall include—
(1) any findings made by the Secretary under
subsection (a);
(2) information on which carriers have applied
to the Department of Transportation under that sec-
tion; and
(3) a description of the process utilized to re-
spond to such applications and to certify the safety
fitness of those carriers.
SEC. 3420. COMMERCIAL MOTOR VEHICLE SAFETY ADVI-
SORY COMMITTEE.
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation may establish a Commercial Motor Vehicle Safety
Advisory Committee to provide advice and recommenda-
tions on a range of regulatory issues. The members of the
advisory committee shall be appointed by the Secretary
from among individuals affected by rulemakings under con-
sideration by the Department of Transportation.
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(b) FUNCTION.—The Advisory Committee established
under subsection (a) shall provide advice to the Secretary
on commercial motor vehicle safety regulations and safety
review procedures and findings, and may assist the Sec-
retary in timely completion of ongoing rulemakings by uti-
lizing negotiated rulemaking procedures.
SEC. 3421. WAIVERS; EXEMPTIONS; PILOT PROGRAMS.
(a) WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS
FOR CHAPTERS 311 AND 315.—Section 31136(e) is amend-
ed—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (5) and (6), respectively; and
(2) by striking the subsection heading and para-
graph (1) and inserting the following:
‘‘(e) WAIVERS, EXEMPTIONS, 
AND
PILOT
PRO-
GRAMS.—
‘‘(1) IN GENERAL.—The Secretary shall, by regu-
lation promulgated after notice and an opportunity
for public comment and within 180 days after the
date of enactment of the Intermodal Transportation
Safety Act of 1998, establish procedures by which
waivers, exemptions, and pilot programs under this
section may be initiated. The regulation shall pro-
vide—
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‘‘(A) a process for the issuance of waivers or
exemptions from any part of a regulation pre-
scribed under this subchapter or chapter 315;
and
‘‘(B) procedures for the conduct of pilot
projects or demonstration programs to support
the appropriateness of regulations, enforcement
policies, waivers, or exemptions under this sec-
tion.
‘‘(2) WAIVERS.—The Secretary may grant a
waiver that relieves a person from compliance in
whole or in part with a regulation issued under this
subchapter or chapter 315 if the Secretary determines
that it is in the public interest to grant the waiver
and that the waiver is likely to achieve a level of safe-
ty that is equivalent to, or greater than, the level of
safety that would be obtained in the absence of the
waiver—
‘‘(A) for a period not in excess of 3 months;
‘‘(B) limited in scope and circumstances;
‘‘(C) for nonemergency and unique events;
and
‘‘(D) subject to such conditions as the Sec-
retary may impose.
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‘‘(3) EXEMPTIONS.—The Secretary may grant
an exemption in whole or in part from a regulation
issued under this subchapter or chapter 315 to a class
of persons, vehicles, or circumstances if the Secretary
determines, after notice and opportunity for public
comment, that it is in the public interest to grant the
exemption and that the exemption is likely to achieve
a level of safety that is equivalent to, or greater than,
the level of safety that would be obtained in the ab-
sence of the exemption. An exemption granted under
this paragraph shall be in effect for a period of not
more than 2 years, but may be renewed by the Sec-
retary after notice and opportunity for public com-
ment if the Secretary determines, based on the safety
impact and results of the first 2 years of an exemp-
tion, that the extension is in the public interest and
that the extension of the exemption is likely to achieve
a level of safety that is equivalent to, or greater than,
the level of safety that would be obtained in the ab-
sence of the extension.
‘‘(4) PILOT PROGRAMS.—
‘‘(A) IN
GENERAL.—In carrying out this
section, the Secretary is authorized to carry out
pilot programs to examine innovative ap-
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proaches or alternatives to regulations issued
under this chapter or chapter 315.
‘‘(B) REQUIREMENT
FOR
APPROVAL.—In
carrying out a pilot project under this para-
graph, the Secretary shall require, as a condition
of approval of the project, that the safety meas-
ures in the project are designed to achieve a level
of safety that is equivalent to, or greater than,
the level of safety that would otherwise be
achieved through compliance with the standards
prescribed under this subchapter or chapter 315.
‘‘(C) EXEMPTIONS.—A pilot project under
this paragraph—
‘‘(i) may exempt a motor carrier under
the project from any requirement (or por-
tion thereof) imposed under this subchapter
or chapter 315; and
‘‘(ii) shall preempt any State or local
regulation that conflicts with the pilot
project during the time the pilot project is
in effect.
‘‘(D) REVOCATION
OF
EXEMPTION.—The
Secretary shall revoke an exemption granted
under subparagraph (C) if—
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‘‘(i) the motor carrier to which it ap-
plies fails to comply with the terms and
conditions of the exemption; or
‘‘(ii) the Secretary determines that the
exemption has resulted in a lower level of
safety than was maintained before the ex-
emption was granted.’’.
(b) WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS
FOR CHAPTER 313.—Section 31315 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘After notice’’; and
(2) by adding at the end the following:
‘‘(b) WAIVERS, EXEMPTIONS, 
AND
PILOT
PRO-
GRAMS.—
‘‘(1) IN GENERAL.—The Secretary shall, by regu-
lation promulgated after notice and an opportunity
for public comment and within 180 days after the
date of enactment of the Intermodal Transportation
Safety Act of 1998, establish procedures by which
waivers, exemptions, and pilot programs under this
section may be initiated. The regulation shall pro-
vide—
‘‘(A) a process for the issuance of waivers or
exemptions from any part of a regulation pre-
scribed under this chapter; and
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‘‘(B) procedures for the conduct of pilot
projects or demonstration programs to support
the appropriateness of regulations, enforcement
policies, or exemptions under this section.
‘‘(2) WAIVERS.—The Secretary may grant a
waiver that relieves a person from compliance in
whole or in part with a regulation issued under this
chapter if the Secretary determines that it is in the
public interest to grant the waiver and that the waiv-
er is likely to achieve a level of safety that is equiva-
lent to, or greater than, the level of safety that would
be obtained in the absence of the waiver—
‘‘(A) for a period not in excess of 3 months;
‘‘(B) limited in scope and circumstances;
‘‘(C) for nonemergency and unique events;
and
‘‘(D) subject to such conditions as the Sec-
retary may impose.
‘‘(3) EXEMPTIONS.—The Secretary may grant
an exemption in whole or in part from a regulation
issued under this chapter to a class of persons, vehi-
cles, or circumstances if the Secretary determines,
after notice and opportunity for public comment, that
it is in the public interest to grant the exemption and
that the exemption is likely to achieve a level of safety
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that is equivalent to, or greater than, the level of safe-
ty that would be obtained in the absence of the exemp-
tion. An exemption granted under this paragraph
shall be in effect for a period of not more than 2
years, but may be renewed by the Secretary after no-
tice and opportunity for public comment if the Sec-
retary determines, based on the safety impact and re-
sults of the first 2 years of an exemption, that the ex-
tension is in the public interest and that the extension
of the exemption is likely to achieve a level of safety
that is equivalent to, or greater than, the level of safe-
ty that would be obtained in the absence of the exten-
sion.
‘‘(4) PILOT PROGRAMS.—
‘‘(A) IN
GENERAL.—In carrying out this
section, the Secretary is authorized to carry out
pilot programs to examine innovative ap-
proaches or alternatives to regulations issued
under this chapter.
‘‘(B) REQUIREMENT
FOR
APPROVAL.—In
carrying out a pilot project under this para-
graph, the Secretary shall require, as a condition
of approval of the project, that the safety meas-
ures in the project are designed to achieve a level
of safety that is equivalent to, or greater than,
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the level of safety that would otherwise be
achieved through compliance with the standards
prescribed under this chapter.
‘‘(C) EXEMPTIONS.—A pilot project under
this paragraph—
‘‘(i) may exempt a motor carrier under
the project from any requirement (or por-
tion thereof) imposed under this chapter;
and
‘‘(ii) shall preempt any State or local
regulation that conflicts with the pilot
project during the time the pilot project is
in effect.
‘‘(D) REVOCATION
OF
EXEMPTION.—The
Secretary shall revoke an exemption granted
under subparagraph (C) if—
‘‘(i) the motor carrier to which it ap-
plies fails to comply with the terms and
conditions of the exemption; or
‘‘(ii) the Secretary determines that the
exemption has resulted in a lower level of
safety than was maintained before the ex-
emption was granted.’’.
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SEC. 3422. COMMERCIAL MOTOR VEHICLE SAFETY STUDIES.
(a) IN GENERAL.—The Secretary shall conduct a
study of the impact on safety and infrastructure of tandem
axle commercial motor vehicle operations in States that
permit the operation of such vehicles in excess of the weight
limits established by section 127 of title 23, United States
Code.
(b) COOPERATIVE AGREEMENTS WITH STATES.—The
Secretary shall enter into cooperative agreements with
States described in subsection (a) under which the States
participate in the collection of weight-in-motion data nec-
essary to achieve the purpose of the study. If the Secretary
determines that additional weight-in-motion sites, on or off
the Dwight D. Eisenhower System of Interstate and Defense
Highways, are necessary to carry out the study, and re-
quests assistance from the States in choosing appropriate
locations, the States shall identify the industries or trans-
portation companies operating within their borders that
regularly utilize the 35,000-pound tandem axle.
(c) REPORT.—Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to Con-
gress a report on the results of the study, together with any
related legislative or administrative recommendations.
Until the Secretary transmits the report to Congress, the
Secretary may not withhold funds under section 104 of title
23, United States Code, from any State for violation of the
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grandfathered tandem axle weight limits under section 127
of that title.
SEC. 3423. INCREASED MCSAP PARTICIPATION IMPACT
STUDY.
(a) IN GENERAL.—If a State that did not receive its
full allocation of funding under the Motor Carrier Safety
Assistance Program during fiscal years 1996 and 1997
agrees to enter into a cooperative agreement with the Sec-
retary to evaluate the safety impact, costs, and benefits of
allowing such State to continue to participate fully in the
Motor Carrier Safety Assistance Program, then the Sec-
retary of Transportation shall allocate to that State the full
amount of funds to which it would otherwise be entitled
for fiscal years 1998, 1999, 2000, 2001, 2002, and 2003.
The Secretary may not add conditions to the cooperative
agreement other than those directly relating to the accurate
and timely collection of inspection and crash data sufficient
to ascertain the safety and effectiveness of such State’s pro-
gram.
(b) REQUIREMENTS.—
(1) REPORT.—The State shall submit to the Sec-
retary each year the results of such safety evaluations.
(2) TERMINATION BY SECRETARY.—If the Sec-
retary finds such an agreement not in the public in-
terest based on the results of such evaluations after 2
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years of full participation, the Secretary may termi-
nate the agreement entered into under this section.
(c) PROHIBITION OF ADOPTION OF LESSER STAND-
ARDS.—No State may enact or implement motor carrier
safety regulations that are determined by the Secretary to
be less strict than those in effect as of September 30, 1997.
SEC. 3424. EXEMPTION FROM CERTAIN REGULATIONS FOR
UTILITY SERVICE COMMERCIAL MOTOR VEHI-
CLE DRIVERS.
(a) IN GENERAL.—Section 31502 is amended by add-
ing at the end the following new subsection:
‘‘(e) EXCEPTION.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, regulations promulgated under this
section or section 31136 regarding—
‘‘(A) maximum driving and on-duty times
applicable to operators of commercial motor ve-
hicles;
‘‘(B) physical testing, reporting, or record-
keeping; and
‘‘(C) the installation of automatic recording
devices associated with establishing the maxi-
mum driving and on-duty times referred to in
subparagraph (A),
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shall not apply to any driver of a utility service vehi-
cle during an emergency period of not more than 30
days declared by an elected State or local government
official under paragraph (2) in the area covered by
the declaration.
‘‘(2) DECLARATION OF EMERGENCY.—The regu-
lations described in subparagraphs (A), (B), and (C)
of paragraph (1) do not apply to the driver of a util-
ity service vehicle operated—
‘‘(A) in the area covered by an emergency
declaration under this paragraph; and
‘‘(B) for a period of not more than 30 days
designated in that declaration,
issued by an elected State or local government official
(or jointly by elected officials of more than one State
or local government), after notice to the Regional Di-
rector of the Federal Highway Administration with
jurisdiction over the area covered by the declaration.
‘‘(3) INCIDENT REPORT.—Within 30 days after
the end of the declared emergency period the official
who issued the emergency declaration shall file with
the Regional Director a report of each safety-related
incident or accident that occurred during the emer-
gency period involving—
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‘‘(A) a utility service vehicle driver to which
the declaration applied; or
‘‘(B) a utility service vehicle to the driver of
which the declaration applied.
‘‘(4) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) DRIVER OF A UTILITY SERVICE VEHI-
CLE.—The term ‘driver of a utility service vehi-
cle’ means any driver who is considered to be a
driver of a utility service vehicle for purposes of
section 345(a)(4) of the National Highway Sys-
tem Designation Act of 1995 (49 U.S.C. 31136
note).
‘‘(B) UTILITY SERVICE VEHICLE.—The term
‘utility service vehicle’ has the meaning given
that term in section 345(e)(6) of the National
Highway System Designation Act of 1995 (49
U.S.C. 31136 note).’’.
(b) CONTINUED APPLICATION OF SAFETY AND MAIN-
TENANCE REQUIREMENTS.—
(1) IN GENERAL.—The amendment made by sub-
section (a) may not be construed—
(A) to exempt any utility service vehicle
from compliance with any applicable provision
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of law relating to vehicle mechanical safety,
maintenance requirements, or inspections; or
(B) to exempt any driver of a utility service
vehicle from any applicable provision of law (in-
cluding any regulation) established for the
issuance, maintenance, or periodic renewal of a
commercial driver’s license for that driver.
(2) DEFINITIONS.—For purposes of this sub-
section—
(A) COMMERCIAL DRIVER’S LICENSE.—The
term ‘‘commercial driver’s license’’ has the mean-
ing given that term in section 31301(3) of title
49, United States Code.
(B) DRIVER OF A UTILITY SERVICE VEHI-
CLE.—The term ‘‘driver of a utility service vehi-
cle’’ has the meaning given that term in section
31502(e)(2)(A) of title 49, United States Code, as
added by subsection (a).
(C) REGULATION.—The term ‘‘regulation’’
has the meaning given that term in section
31132(6) of title 49, United States Code.
(D) UTILITY SERVICE VEHICLE.—The term
‘‘utility service vehicle’’ has the meaning given
that term in section 345(e)(6) of the National
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Highway System Designation Act of 1995 (49
U.S.C. 31136 note).
SEC. 3425. SCHOOL TRANSPORTATION SAFETY.
(a) STUDY.—Not later than 3 months after the date
of enactment of this Act, the Secretary shall offer to enter
into an agreement with the Transportation Research Board
of the National Academy of Sciences to conduct, subject to
the availability of appropriations, a study of the safety
issues attendant to the transportation of school children to
and from school and school-related activities by various
transportation modes.
(b) TERMS OF AGREEMENT.—The agreement under
subsection (a) shall provide that—
(1) the Transportation Research Board, in con-
ducting the study, shall consider—
(A) in consultation with the National
Transportation Safety Board, the Bureau of
Transportation Statistics, and other relevant en-
tities, available crash injury data;
(B) vehicle design and driver training re-
quirements, routing, and operational factors that
affect safety; and
(C) other factors that the Secretary consid-
ers to be appropriate;
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(2) if the data referred to in paragraph (1)(A)
is unavailable or insufficient, the Transportation Re-
search Board shall recommend a new data collection
regimen and implementation guidelines; and
(3) a panel shall conduct the study and shall in-
clude—
(A) representatives of—
(i) highway safety organizations;
(ii) school transportation; and
(iii) mass transportation operators;
(B) academic and policy analysts; and
(C) other interested parties.
(c) REPORT.—Not later than 12 months after the Sec-
retary enters into an agreement under subsection (a), the
Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Commit-
tee on Transportation and Infrastructure of the House of
Representatives a report that contains the results of the
study.
(d) AUTHORIZATION.—There are authorized to be ap-
propriated to the Department of Transportation to carry
out this section—
(1) $200,000 for fiscal year 1999; and
(2) $200,000 for fiscal year 2000.
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Subtitle E—Rail and Mass Trans-
portation Anti-Terrorism; Safety
SEC. 3501. PURPOSE.
The purpose of this subtitle is to protect the passengers
and employees of railroad carriers and mass transportation
systems and the movement of freight by railroad from ter-
rorist attacks.
SEC. 3502. AMENDMENTS TO THE ‘‘WRECKING TRAINS’’
STATUTE.
(a) Section 1992 of title 18, United States Code, is
amended to read as follows:
‘‘§ 1992. Terrorist attacks against railroads
‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully—
‘‘(1) wrecks, derails, sets fire to, or disables any
train, locomotive, motor unit, or freight or passenger
car used, operated, or employed by a railroad carrier;
‘‘(2) brings, carries, possesses, places or causes to
be placed any destructive substance, or destructive de-
vice in, upon, or near any train, locomotive, motor
unit, or freight or passenger car used, operated, or
employed by a railroad carrier, without previously
obtaining the permission of the carrier, and with in-
tent to endanger the safety of any passenger or em-
ployee of the carrier, or with a reckless disregard for
the safety of human life;
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‘‘(3) sets fire to, or places any destructive sub-
stance, or destructive device in, upon or near, or un-
dermines any tunnel, bridge, viaduct, trestle, track,
signal, station, depot, warehouse, terminal, or any
other way, structure, property, or appurtenance used
in the operation of, or in support of the operation of,
a railroad carrier, or otherwise makes any such tun-
nel, bridge, viaduct, trestle, track, station, depot,
warehouse, terminal, or any other way, structure,
property, or appurtenance unworkable or unusable or
hazardous to work or use, knowing or having reason
to know such activity would likely derail, disable, or
wreck a train, locomotive, motor unit, or freight or
passenger car used, operated, or employed by a rail-
road carrier;
‘‘(4) removes appurtenances from, damages, or
otherwise impairs the operation of any railroad sig-
nal system, including a train control system, central-
ized dispatching system, or highway-railroad grade
crossing warning signal on a railroad line used, oper-
ated, or employed by a railroad carrier;
‘‘(5) interferes with, disables, or incapacitates
any locomotive engineer, conductor, or other person
while they are operating or maintaining a train, lo-
comotive, motor unit, or freight or passenger car used,
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operated, or employed by a railroad carrier, with in-
tent to endanger the safety of any passenger or em-
ployee of the carrier, or with a reckless disregard for
the safety of human life;
‘‘(6) commits an act intended to cause death or
serious bodily injury to an employee or passenger of
a railroad carrier while on the property of the car-
rier;
‘‘(7) causes the release of a hazardous material
being transported by a rail freight car, with the in-
tent to endanger the safety of any person, or with a
reckless disregard for the safety of human life;
‘‘(8) conveys or causes to be conveyed false infor-
mation, knowing the information to be false, concern-
ing an attempt or alleged attempt being made or to
be made, to do any act that would be a crime prohib-
ited by this subsection; or
‘‘(9) attempts, threatens, or conspires to do any
of the aforesaid acts,
shall be fined under this title or imprisoned not more than
20 years, or both, if such act is committed, or in the case
of a threat or conspiracy such act would be committed,
within the United States on, against, or affecting a railroad
carrier engaged in or affecting interstate or foreign com-
merce, or if in the course of committing such acts, that per-
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son travels or communicates across a State line in order
to commit such acts, or transports materials across a State
line in aid of the commission of such acts; except that who-
ever is convicted of any crime prohibited by this subsection
shall be—
‘‘(A) imprisoned for not less than 30 years
or for life if the railroad train involved carried
high-level radioactive waste or spent nuclear fuel
at the time of the offense;
‘‘(B) imprisoned for life if the railroad
train involved was carrying passengers at the
time of the offense; and
‘‘(C) imprisoned for life or sentenced to
death if the offense has resulted in the death of
any person.
‘‘(b) PROHIBITIONS ON THE USE OF FIREARMS AND
DANGEROUS WEAPONS.—
‘‘(1) Except as provided in paragraph (4), who-
ever knowingly possesses or causes to be present any
firearm or other dangerous weapon on board a pas-
senger train of a railroad carrier, or attempts to do
so, shall be fined under this title or imprisoned not
more than 1 year, or both, if such act is committed
on a railroad carrier that is engaged in or affecting
interstate or foreign commerce, or if in the course of
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committing such act, that person travels or commu-
nicates across a State line in order to commit such
act, or transports materials across a State line in aid
of the commission of such act.
‘‘(2) Whoever, with intent that a firearm or other
dangerous weapon be used in the commission of a
crime, knowingly possesses or causes to be present
such firearm or dangerous weapon on board a pas-
senger train or in a passenger terminal facility of a
railroad carrier, or attempts to do so, shall be fined
under this title or imprisoned not more than 5 years,
or both, if such act is committed on a railroad carrier
that is engaged in or affecting interstate or foreign
commerce, or if in the course of committing such act,
that person travels or communicates across a State
line in order to commit such act, or transports mate-
rials across a State line in aid of the commission of
such act.
‘‘(3) A person who kills or attempts to kill a per-
son in the course of a violation of paragraphs (1) or
(2), or in the course of an attack on a passenger train
or a passenger terminal facility of a railroad carrier
involving the use of a firearm or other dangerous
weapon, shall be punished as provided in sections
1111, 1112, and 1113.
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‘‘(4) Paragraph (1) shall not apply to—
‘‘(A) the possession of a firearm or other
dangerous weapon by an officer, agent, or em-
ployee of the United States, a State, or a politi-
cal subdivision thereof, while engaged in the law-
ful performance of official duties, who is author-
ized by law to engage in the transportation of
people accused or convicted of crimes, or super-
vise the prevention, detection, investigation, or
prosecution of any violation of law;
‘‘(B) the possession of a firearm or other
dangerous weapon by an officer, agent, or em-
ployee of the United States, a State, or a politi-
cal subdivision thereof, while off duty, if such
possession is authorized by law;
‘‘(C) the possession of a firearm or other
dangerous weapon by a Federal official or a
member of the Armed Forces if such possession is
authorized by law;
‘‘(D) the possession of a firearm or other
dangerous weapon by a railroad police officer
employed by a rail carrier and certified or com-
missioned as a police officer under the laws of a
State, whether on or off duty; or
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‘‘(E) an individual transporting a firearm
on board a railroad passenger train (except a
loaded firearm) in baggage not accessible to any
passenger on board the train, if the railroad car-
rier was informed of the presence of the weapon
prior to the firearm being placed on board the
train.
‘‘(c) PROHIBITION AGAINST PROPELLING OBJECTS.—
Whoever willfully or recklessly throws, shoots, or propels a
rock, stone, brick, or piece of iron, steel, or other metal or
any deadly or dangerous object or destructive substance at
any locomotive or car of a train, knowing or having reason
to know such activity would likely cause personal injury,
shall be fined under this title or imprisoned for not more
than 5 years, or both, if such act is committed on or against
a railroad carrier engaged in or affecting interstate or for-
eign commerce, or if in the course of committing such act,
that person travels or communicates across a State line in
order to commit such act, or transports materials across
a State line in aid of the commission of such act. Whoever
is convicted of any crime prohibited by this subsection shall
also be subject to imprisonment for not more than 20 years
if the offense has resulted in the death of any person.
‘‘(d) DEFINITIONS.—In this section—
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‘‘(1) ‘dangerous device’ has the meaning given
that term in section 921(a)(4) of this title;
‘‘(2) ‘dangerous weapon’’ has the meaning given
that term in section 930 of this title;
‘‘(3) ‘destructive substance’’ has the meaning
given that term in section 31 of this title, except that
(A) the term ‘radioactive device’ does not include any
radioactive device or material used solely for medical,
industrial, research, or other peaceful purposes, and
(B) ‘destructive substance’ includes any radioactive
device or material that can be used to cause a harm
listed in subsection (a) and that is not in use solely
for medical, industrial, research, or other peaceful
purposes;
‘‘(4) ‘firearm’ has the meaning given that term
in section 921 of this title;
‘‘(5) ‘hazardous material’ has the meaning given
that term in section 5102(2) of title 49, United States
Code;
‘‘(6) ‘high-level radioactive waste’ has the mean-
ing given that term in section 10101(12) of title 42,
United States Code;
‘‘(7) ‘railroad’ has the meaning given that term
in section 20102(1) of title 49, United States Code;
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‘‘(8) ‘railroad carrier’ has the meaning given
that term in section 20102(2) of title 49, United
States Code;
‘‘(9) ‘serious bodily injury’ has the meaning
given that term in section 1365 of this title;
‘‘(10) ‘spent nuclear fuel’ has the meaning given
that term in section 10101(23) of title 42, United
States Code; and
‘‘(11) ‘State’ has the meaning given that term in
section 2266 of this title.’’.
(b) In the analysis of chapter 97 of title 18, United
States Code, item ‘‘1992’’ is amended to read as follows:
‘‘1992. Terrorist attacks against railroads.’’.
SEC. 3503. TERRORIST ATTACKS AGAINST MASS TRANSPOR-
TATION.
(a) Chapter 97 of title 18, United States Code, is
amended by adding at the end thereof the following new
section:
‘‘§ 1994. Terrorist attacks against mass transportation
‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully—
‘‘(1) wrecks, derails, sets fire to, or disables a
mass transportation vehicle or vessel;
‘‘(2) places or causes to be placed any destructive
substance in, upon, or near a mass transportation ve-
hicle or vessel, without previously obtaining the per-
mission of the mass transportation provider, and
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with intent to endanger the safety of any passenger
or employee of the mass transportation provider, or
with a reckless disregard for the safety of human life;
‘‘(3) sets fire to, or places any destructive sub-
stance in, upon, or near any garage, terminal, struc-
ture, supply, or facility used in the operation of, or
in support of the operation of, a mass transportation
vehicle, knowing or having reason to know such activ-
ity would likely derail, disable, or wreck a mass
transportation vehicle used, operated, or employed by
a mass transportation provider;
‘‘(4) removes appurtenances from, damages, or
otherwise impairs the operation of a mass transpor-
tation signal system, including a train control sys-
tem, centralized dispatching system, or rail grade
crossing warning signal;
‘‘(5) interferes with, disables, or incapacitates
any driver or person while that driver or person is
employed in operating or maintaining a mass trans-
portation vehicle or vessel, with intent to endanger the
safety of any passenger or employee of the mass trans-
portation provider, or with a reckless disregard for
the safety of human life;
‘‘(6) commits an act intended to cause death or
serious bodily injury to an employee or passenger of
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a mass transportation provider on the property of a
mass transportation provider;
‘‘(7) conveys or causes to be conveyed false infor-
mation, knowing the information to be false, concern-
ing an attempt or alleged attempt being made or to
be made, to do any act which would be a crime pro-
hibited by this subsection; or
‘‘(8) attempts, threatens, or conspires to do any
of the aforesaid acts, shall be fined under this title or
imprisoned not more than 20 years, or both, if such
act is committed, or in the case of a threat or conspir-
acy such act would be committed, within the United
States on, against, or affecting a mass transportation
provider engaged in or affecting interstate or foreign
commerce, or if in the course of committing such act,
that person travels or communicates across a State
line in order to commit such act, or transports mate-
rials across a State line in aid of the commission of
such act. Whoever is convicted of a crime prohibited
by this section shall also be subject to imprisonment
for life if the mass transportation vehicle or vessel
was carrying a passenger at the time of the offense,
and imprisonment for life or sentenced to death if the
offense has resulted in the death of any person.
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‘‘(b) PROHIBITIONS ON THE USE OF FIREARMS AND
DANGEROUS WEAPONS.—
‘‘(1) Except as provided in paragraph (4), who-
ever knowingly possesses or causes to be present any
firearm or other dangerous weapon on board a mass
transportation vehicle or vessel, or attempts to do so,
shall be fined under this title or imprisoned not more
than 1 year, or both, if such act is committed on a
mass transportation provider engaged in or affecting
interstate or foreign commerce, or if in the course of
committing such act, that person travels or commu-
nicates across a State line in order to commit such
act, or transports materials across a State line in aid
of the commission of such act.
‘‘(2) Whoever, with intent that a firearm or other
dangerous weapon be used in the commission of a
crime, knowingly possesses or causes to be present
such firearm or dangerous weapon on board a mass
transportation vehicle or vessel, or in a mass trans-
portation passenger terminal facility, or attempts to
do so, shall be fined under this title, or imprisoned
not more than 5 years, or both, if such act is commit-
ted on a mass transportation provider engaged in or
affecting interstate or foreign commerce, or if in the
course of committing such act, that person travels or
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communicates across a State line in order to commit
such act, or transports materials across a State line
in aid of the commission of such act.
‘‘(3) A person who kills or attempts to kill a per-
son in the course of a violation of paragraphs (1) or
(2), or in the course of an attack on a mass transpor-
tation vehicle or vessel, or a mass transportation pas-
senger terminal facility involving the use of a firearm
or other dangerous weapon, shall be punished as pro-
vided in sections 1111, 1112, and 1113 of this title.
‘‘(4) Paragraph (1) shall not apply to—
‘‘(A) the possession of a firearm or other
dangerous weapon by an officer, agent, or em-
ployee of the United States, a State, or a politi-
cal subdivision thereof, while engaged in the law-
ful performance of official duties, who is author-
ized by law to engage in the transportation of
people accused or convicted of crimes, or super-
vise the prevention, detection, investigation, or
prosecution of any violation of law;
‘‘(B) the possession of a firearm or other
dangerous weapon by an officer, agent, or em-
ployee of the United States, a State, or a politi-
cal subdivision thereof, while off duty, if such
possession is authorized by law;
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‘‘(C) the possession of a firearm or other
dangerous weapon by a Federal official or a
member of the Armed Forces if such possession is
authorized by law;
‘‘(D) the possession of a firearm or other
dangerous weapon by a railroad police officer
employed by a rail carrier and certified or com-
missioned as a police officer under the laws of a
State, whether on or off duty; or
‘‘(E) an individual transporting a firearm
on board a mass transportation vehicle or vessel
(except a loaded firearm) in baggage not acces-
sible to any passenger on board the vehicle or
vessel, if the mass transportation provider was
informed of the presence of the weapon prior to
the firearm being placed on board the vehicle or
vessel.
‘‘(c) PROHIBITION AGAINST PROPELLING OBJECTS.—
Whoever willfully or recklessly throws, shoots, or propels a
rock, stone, brick, or piece of iron, steel, or other metal or
any deadly or dangerous object or destructive substance at
any mass transportation vehicle or vessel, knowing or hav-
ing reason to know such activity would likely cause per-
sonal injury, shall be fined under this title or imprisoned
for not more than 5 years, or both, if such act is committed
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on or against a mass transportation provider engaged in
or substantially affecting interstate or foreign commerce, or
if in the course of committing such acts, that person travels
or communicates across a State line in order to commit
such acts, or transports materials across a State line in
aid of the commission of such acts. Whoever is convicted
of any crime prohibited by this subsection shall also be sub-
ject to imprisonment for not more than 20 years if the of-
fense has resulted in the death of any person.
‘‘(d) DEFINITIONS.—In this section—
‘‘(1) ‘dangerous device’ has the meaning given
that term in section 921(a)(4) of this title;
‘‘(2) ‘dangerous weapon’ has the meaning given
that term in section 930 of this title;
‘‘(3) ‘destructive substance’ has the meaning
given that term in section 31 of this title, except that
(A) the term ‘radioactive device’ does not include any
radioactive device or material used solely for medical,
industrial, research, or other peaceful purposes, and
(B) ‘destructive substance’ includes any radioactive
device or material that can be used to cause a harm
listed in subsection (a) and that is not in use solely
for medical, industrial, research, or other peaceful
purposes;
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‘‘(4) ‘firearm’ has the meaning given that term
in section 921 of this title;
‘‘(5) ‘mass transportation’ has the meaning
given that term in section 5302(a)(7) of title 49,
United States Code, except that the term shall include
schoolbus, charter, and sightseeing transportation;
‘‘(6) ‘serious bodily injury’ has the meaning
given that term in section 1365 of this title; and
‘‘(7) ‘State’ has the meaning given that term in
section 2266 of this title.’’.
(b) The analysis of chapter 97 of title 18, United States
Code, is amended by adding at the end thereof:
‘‘1994. Terrorist attacks against mass transportation.’’.
SEC. 3504. INVESTIGATIVE JURISDICTION.
The Federal Bureau of Investigation shall lead the in-
vestigation of all offenses under sections 1192 and 1994 of
title 18, United States Code. The Federal Bureau of Inves-
tigation shall cooperate with the National Transportation
Safety Board and with the Department of Transportation
in safety investigations by these agencies, and with the
Treasury Department’s Bureau of Alcohol, Tobacco and
Firearms concerning an investigation regarding the posses-
sion of firearms and explosives.
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SEC. 3505. SAFETY CONSIDERATIONS IN GRANTS OR LOANS
TO COMMUTER RAILROADS.
Section 5329 is amended by adding at the end the fol-
lowing:
‘‘(c) 
COMMUTER
RAILROAD
SAFETY
CONSIDER-
ATIONS.—In making a grant or loan under this chapter
that concerns a railroad subject to the Secretary’s railroad
safety jurisdiction under section 20102 of this title, the Fed-
eral Transit Administrator shall consult with the Federal
Railroad Administrator concerning relevant safety issues.
The Secretary may use appropriate authority under this
chapter, including the authority to prescribe particular
terms or covenants under section 5334 of this title, to ad-
dress any safety issues identified in the project supported
by the loan or grant.’’.
SEC. 3506. RAILROAD ACCIDENT AND INCIDENT REPORT-
ING.
Section 20901(a) is amended to read as follows:
‘‘(a) GENERAL REQUIREMENTS.—On a periodic basis,
not more frequently than monthly, as specified by the Sec-
retary of Transportation, a railroad carrier shall file a re-
port with the Secretary on all accidents and incidents re-
sulting in injury or death to an individual, or damage to
equipment or a roadbed arising from the carrier’s oper-
ations during that period. The report shall state the nature,
cause, and circumstances of each reported accident or inci-
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dent. If a railroad carrier assigns human error as a cause,
the report shall include, at the option of each employee
whose error is alleged, a statement by the employee explain-
ing any factors the employee alleges contributed to the acci-
dent or incident.’’.
SEC. 3507. MASS TRANSPORTATION BUSES.
Section 1023(h)(1) of the Intermodal Surface Trans-
portation Efficiency Act of 1991, as amended (23 U.S.C.
127 note), is amended by striking ‘‘the date on which’’ and
all that follows through ‘‘1995’’ and inserting ‘‘January 1,
2003’’.
Subtitle F—Sportfishing and
Boating Safety
SEC. 3601. AMENDMENT OF 1950 ACT.
Whenever in this Act an amendment or repeal is ex-
pressed in terms of an amendment to, or repeal of, a section
or other provision of the 1950 Act, the reference shall be
considered to be made to a section or other provision of the
Act entitled ‘‘An Act to provide that the United States shall
aid the States in fish restoration and management projects,
and for other purposes,’’ approved August 9, 1950 (16
U.S.C. 777 et seq.).
SEC. 3602. OUTREACH AND COMMUNICATIONS PROGRAMS.
(a) DEFINITIONS.—Section 2 of the 1950 Act (16
U.S.C. 777a) is amended—
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(1) by indenting the left margin of so much of
the text as precedes ‘‘(a)’’ by 2 ems;
(2) by inserting ‘‘For purposes of this Act—’’
after the section heading;
(3) by striking ‘‘For the purpose of this Act the’’
in the first paragraph and inserting ‘‘(1) the’’;
(4) by indenting the left margin of so much of
the text as follows ‘‘include—’’ by 4 ems;
(5) by striking ‘‘(a)’’, ‘‘(b)’’, ‘‘(c)’’, and ‘‘(d)’’
and inserting ‘‘(A)’’, ‘‘(B)’’, ‘‘(C)’’, and ‘‘(D)’’, respec-
tively;
(6) by striking ‘‘department.’’ and inserting ‘‘de-
partment;’’; and
(7) by adding at the end the following:
‘‘(2) the term ‘outreach and communications
program’ means a program to improve communica-
tions with anglers, boaters, and the general public re-
garding angling and boating opportunities, to reduce
barriers to participation in these activities, to ad-
vance adoption of sound fishing and boating prac-
tices, to promote conservation and the responsible use
of the Nation’s aquatic resources, and to further safety
in fishing and boating; and
‘‘(3) the term ‘aquatic resource education pro-
gram’ means a program designed to enhance the
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public’s understanding of aquatic resources and
sportfishing, and to promote the development of re-
sponsible attitudes and ethics toward the aquatic en-
vironment.’’.
(b) FUNDING FOR OUTREACH AND COMMUNICATIONS
PROGRAM.—Section 4 of the 1950 Act (16 U.S.C. 777c) is
amended—
(1) by redesignating subsections (c), (d), and (e)
as subsections (d), (e), and (f), respectively;
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) NATIONAL OUTREACH
AND COMMUNICATIONS
PROGRAM.—Of the balance of each such annual appropria-
tion remaining after making the distribution under sub-
sections (a) and (b), respectively, an amount equal to—
‘‘(1) $5,000,000 for fiscal year 1999;
‘‘(2) $6,000,000 for fiscal year 2000;
‘‘(3) $7,000,000 for fiscal year 2001;
‘‘(4) $8,000,000 for fiscal year 2002; and
‘‘(5) $10,000,000 for fiscal year 2003;
shall be used for the National Outreach and Communica-
tions Program under section 8(d). Such amounts shall re-
main available for 3 fiscal years, after which any portion
thereof that is unobligated by the Secretary of the Interior
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for that program may be expended by the Secretary under
subsection (e).’’;
(3) in subsection (d), as redesignated, by insert-
ing ‘‘, for an outreach and communications program’’
after ‘‘Act’’;
(4) in subsection (d), as redesignated, by striking
‘‘subsections (a) and (b),’’ and inserting ‘‘subsections
(a), (b), and (c),’’;
(5) by adding at the end of subsection (d), as re-
designated, the following: ‘‘Of the sum available to the
Secretary of the Interior under this subsection for any
fiscal year, up to $2,500,000 may be used for the Na-
tional Outreach and Communications Program under
section 8(d) in addition to the amount available for
that program under subsection (c). No funds available
to the Secretary under this subsection may be used to
replace funding traditionally provided through gen-
eral appropriations, nor for any purposes except those
purposes authorized by this Act. The Secretary shall
publish a detailed accounting of the projects, pro-
grams, and activities funded under this subsection
annually in the Federal Register.’’; and
(6) in subsection (e), as redesignated, by striking
‘‘subsections (a), (b), and (c),’’ and inserting ‘‘sub-
sections (a), (b), (c), and (d),’’.
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(c) INCREASE IN STATE ALLOCATION.—Section 8 of
the 1950 Act (16 U.S.C. 777g) is amended—
(1) by striking ‘‘12 1/2 percentum’’ each place it
appears in subsection (b) and inserting ‘‘15 percent’’;
(2) by striking ‘‘10 percentum’’ in subsection (c)
and inserting ‘‘15 percent’’;
(3) by inserting ‘‘and communications’’ in sub-
section (c) after ‘‘outreach’’; and
(4) by redesignating subsection (d) as subsection
(f); and by inserting after subsection (c) the following:
‘‘(d) NATIONAL OUTREACH
AND COMMUNICATIONS
PROGRAM.—
‘‘(1) IMPLEMENTATION.—Within 1 year after the
date of enactment of the Intermodal Transportation
Safety Act of 1998, the Secretary of the Interior shall
develop and implement, in cooperation and consulta-
tion with the Sport Fishing and Boating Partnership
Council, a national plan for outreach and commu-
nications.
‘‘(2) CONTENT.—The plan shall provide—
‘‘(A) guidance, including guidance on the
development of an administrative process and
funding priorities, for outreach and communica-
tions programs; and
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‘‘(B) for the establishment of a national
program.
‘‘(3) SECRETARY
MAY
MATCH
OR
FUND
PRO-
GRAMS.—Under the plan, the Secretary may obligate
amounts available under subsection (c) or (d) of sec-
tion 4 of this Act—
‘‘(A) to make grants to any State or private
entity to pay all or any portion of the cost of
carrying out any outreach or communications
program under the plan; or
‘‘(B) to fund contracts with States or pri-
vate entities to carry out such a program.
‘‘(4) REVIEW.—The plan shall be reviewed peri-
odically, but not less frequently than once every 3
years.
‘‘(e) STATE OUTREACH AND COMMUNICATIONS PRO-
GRAM.—Within 12 months after the completion of the na-
tional plan under subsection (d)(1), a State shall develop
a plan for an outreach and communications program and
submit it to the Secretary. In developing the plan, a State
shall—
‘‘(1) review the national plan developed under
subsection (d);
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‘‘(2) 
consult 
with 
anglers, 
boaters, 
the
sportfishing and boating industries, and the general
public; and
‘‘(3) establish priorities for the State outreach
and communications program proposed for imple-
mentation.’’.
SEC. 3603. CLEAN VESSEL ACT FUNDING.
Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is
amended to read as follows:
‘‘(b) USE OF BALANCE AFTER DISTRIBUTION.—
‘‘(1) FISCAL YEAR 1998.—In fiscal year 1998,
an amount equal to $20,000,000 of the balance re-
maining after the distribution under subsection (a)
shall be transferred to the Secretary of Transportation
and shall be expended for State recreational boating
safety programs under section 13106(a)(1) of title 46,
United States Code.
‘‘(2) FISCAL YEARS 1999–2003.—For each of fis-
cal years 1999 through 2003, the balance of each an-
nual appropriation remaining after making the dis-
tribution under subsection (a), an amount equal to
$84,000,000, reduced by 82 percent of the amount ap-
propriated for that fiscal year from the Boat Safety
Account of the Aquatic Resources Trust Fund estab-
lished by section 9504 of the Internal Revenue Code
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of 1986 to carry out the purposes of section 13106(a)
of title 46, United States Code, shall be used as fol-
lows:
‘‘(A) $10,000,000 shall be available for each
fiscal year to the Secretary of the Interior for 3
years for obligation for qualified projects under
section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note);
‘‘(B) $10,000,000 shall be available for each
fiscal year to the Secretary of the Interior for 3
years for obligation for qualified projects under
section 3604(d) of the Intermodal Transportation
Safety Act of 1998; and
‘‘(C) the balance shall be transferred for
each such fiscal year to the Secretary of Trans-
portation and shall be expended for State rec-
reational boating safety programs under section
13106 of title 46, United States Code.
‘‘(3) TRANSFER OF CERTAIN FUNDS.—Amounts
available under subparagraphs (A) and (B) of para-
graphs (1) and (2) that are unobligated by the Sec-
retary of the Interior after 3 years shall be transferred
to the Secretary of Transportation and shall be ex-
pended for State recreational boating safety programs
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under section 13106(a) of title 46, United States
Code.’’.
SEC. 3604. BOATING INFRASTRUCTURE.
(a) PURPOSE.—The purpose of this section is to pro-
vide funds to States for the development and maintenance
of public facilities for transient nontrailerable recreational
vessels.
(b) SURVEY.—Section 8 of the 1950 Act (16 U.S.C.
777g), as amended by section 3602, is amended by adding
at the end thereof the following:
‘‘(g) SURVEYS.—
‘‘(1) NATIONAL FRAMEWORK.—Within 6 months
after the date of enactment of the Intermodal Trans-
portation Safety Act of 1998, the Secretary, in con-
sultation with the States, shall adopt a national
framework for a public boat access needs assessment
which may be used by States to conduct surveys to de-
termine the adequacy, number, location, and quality
of facilities providing access to recreational waters for
all sizes of recreational boats.
‘‘(2) STATE SURVEYS.—Within 18 months after
such date of enactment, each State that agrees to con-
duct a public boat access needs survey following the
recommended national framework shall report its
findings to the Secretary for use in the development
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of a comprehensive national assessment of rec-
reational boat access needs and facilities.
‘‘(3) EXCEPTION.—Paragraph (2) does not apply
to a State if, within 18 months after such date of en-
actment, the Secretary certifies that the State has de-
veloped and is implementing a plan that ensures
there are and will be public boat access adequate to
meet the needs of recreational boaters on its waters.
‘‘(4) FUNDING.—A State that conducts a public
boat access needs survey under paragraph (2) may
fund the costs of conducting that assessment out of
amounts allocated to it as funding dedicated to mo-
torboat access to recreational waters under subsection
(b)(1) of this section.’’.
(c) PLAN.—Within 6 months after submitting a survey
to the Secretary under section 8(g) of the Act entitled ‘‘An
Act to provide that the United States shall aid the States
in fish restoration and management projects, and for other
purposes,’’ approved August 9, 1950 (16 U.S.C. 777g(g)),
as added by subsection (b) of this section, a State may de-
velop and submit to the Secretary a plan for the construc-
tion, renovation, and maintenance of public facilities, and
access to those facilities, for transient nontrailerable rec-
reational vessels to meet the needs of nontrailerable rec-
reational vessels operating on navigable waters in the State.
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(d) GRANT PROGRAM.—
(1) MATCHING GRANTS.—The Secretary of the
Interior shall obligate amounts made available under
section 4(b)(2)(B) of the Act entitled ‘‘An Act to pro-
vide that the United States shall aid the States in fish
restoration and management projects, and for other
purposes,’’ approved August 9, 1950 (16 U.S.C.
777c(b)(2)(B)) to make grants to any State to pay
not more than 75 percent of the cost to a State of con-
structing, renovating, or maintaining public facilities
for transient nontrailerable recreational vessels.
(2) PRIORITIES.—In awarding grants under
paragraph (1), the Secretary shall give priority to
projects that—
(A) consist of the construction, renovation,
or maintenance of public facilities for transient
nontrailerable recreational vessels in accordance
with a plan submitted by a State under sub-
section (c);
(B) provide for public/private partnership
efforts to develop, maintain, and operate facili-
ties for transient nontrailerable recreational ves-
sels; and
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(C) propose innovative ways to increase the
availability 
of 
facilities 
for 
transient
nontrailerable recreational vessels.
(e) DEFINITIONS.—For purposes of this section, the
term—
(1) ‘‘nontrailerable recreational vessel’’ means a
recreational vessel 26 feet in length or longer—
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another
for the latter’s pleasure;
(2) ‘‘public facilities for transient nontrailerable
recreational vessels’’ includes mooring buoys, day-
docks, navigational aids, seasonal slips, or similar
structures located on navigable waters, that are avail-
able to the general public and designed for temporary
use by nontrailerable recreational vessels; and
(3) ‘‘State’’ means each of the several States of
the United States, the District of Columbia, the Com-
monwealth of Puerto Rico, Guam, American Samoa,
the Virgin Islands, and the Commonwealth of the
Northern Mariana Islands.
SEC. 3605. BOAT SAFETY FUNDS.
(a) 
AVAILABILITY
OF
ALLOCATIONS.—Section
13104(a) of title 46, United States Code, is amended—
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(1) in paragraph (1), by striking ‘‘3 years’’ and
inserting ‘‘2 years’’; and
(2) in paragraph (2), by striking ‘‘3-year’’ and
inserting ‘‘2-year’’.
(b) EXPENDITURES.—Section 13106 of title 46, United
States Code, is amended—
(1) by striking the first sentence of subsection
(a)(1) and inserting the following: ‘‘Subject to para-
graph (2) and subsection (c), the Secretary shall ex-
pend in each fiscal year for State recreational boating
safety programs, under contracts with States under
this chapter, an amount equal to the sum of (A) the
amount appropriated from the Boat Safety Account
for that fiscal year and (B) the amount transferred
to the Secretary under section 4(b) of the Act of Au-
gust 9, 1950 (16 U.S.C. 777c(b)).’’; and
(2) by striking subsection (c) and inserting the
following:
‘‘(c) Of the amount transferred for each fiscal year to
the Secretary of Transportation under section 4(b)(2) of the
Act of August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is
available to the Secretary for payment of expenses of the
Coast Guard for personnel and activities directly related
to coordinating and carrying out the national recreational
boating safety program under this title. No funds available
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to the Secretary under this subsection may be used to re-
place funding traditionally provided through general ap-
propriations, nor for any purposes except those purposes
authorized by this section. Amounts made available by this
subsection shall remain available until expended. The Sec-
retary shall publish annually in the Federal Register a de-
tailed accounting of the projects, programs, and activities
funded under this subsection.’’.
(c) CONFORMING AMENDMENTS.—
(1) The heading for section 13106 of title 46,
United States Code, is amended to read as follows:
‘‘§ 13106. Authorization of appropriations’’.
(2) The chapter analysis for chapter 131 of title
46, United States Code, is amended by striking the
item relating to section 13106 and inserting the fol-
lowing:
‘‘13106. Authorization of appropriations.’’.
Subtitle G—Miscellaneous
SEC. 3701. LIGHT DENSITY RAIL LINE PILOT PROJECTS.
(a) IN GENERAL.—Part B of subtitle V is amended
by adding at the end the following new chapter:
‘‘CHAPTER 223—LIGHT DENSITY RAIL LINE
PILOT PROJECTS
‘‘Sec.
‘‘22301. Light density rail line pilot projects.
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of elderly individuals and individuals with dis-
abilities; and
‘‘(C) not more than 12.5 percent may be
used for grants to any 1 State under section
5312(c)(2);
‘‘(2) under subsection (a) of this section, less the
amounts authorized for purposes of section 5320a, 5.5
percent of the amount remaining available each year,
after allocation under subsections (g) and (h) of this
section, is available under the formula under section
5311; and
‘‘(3) under section 5309(m)(1)(C), the lesser of
$3,000,000 or an amount that the Secretary deter-
mines is necessary for each fiscal year is available to
carry out section 5318 for each of fiscal years 1998
through 2003.
‘‘(j) GRANTS AS CONTRACTUAL OBLIGATIONS.—
‘‘(1) FEDERAL OBLIGATIONS.—A grant or con-
tract approved by the Secretary that is financed with
amounts made available under subsection (a)(1), (b),
(c), (d), or (e) of this section, is a contractual obliga-
tion of the United States Government to pay the Gov-
ernment’s share of the cost of the project.
‘‘(2) APPROPRIATIONS LIMITATION.—A grant or
contract approved by the Secretary that is financed