text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Intermodal Equipment Safety and 
  Responsibility Act of 2003''.
  
  SEC. 2. FINDINGS.
  
      Congress makes the following findings:
              (1) Promoting safety on United States highways is a 
          national priority. The Secretary of Transportation has 
          promulgated the Federal Motor Carrier Safety Regulations to 
          further this purpose. The systematic maintenance, repair, and 
          inspection of equipment traveling on public highways in 
          interstate commerce are an integral part of this safety regime.
              (2) Intermodal transportation plays a significant role in 
          expanding the United States economy, which depends heavily upon 
          the ability to transport goods by various modes of 
          transportation.
              (3) Although motor carriers and their drivers often receive 
          trailers, chassis, containers, and other items of intermodal 
          equipment to be transported in interstate commerce, they do not 
          possess the requisite level of control or authority over this 
          intermodal equipment to perform the systematic maintenance, 
          repair, and inspection necessary to ensure compliance with the 
          applicable Federal Motor Carrier Safety Regulations and to 
          ensure the safety of United States highways.
              (4) As a result of roadside inspections, motor carriers and 
          their drivers are cited and fined for violations of the Federal 
          Motor Carrier Safety Regulations attributable to intermodal 
          equipment that they do not have the opportunity to 
          systematically maintain. These violations negatively affect the 
          safety records of motor carriers.
  
  SEC. 3. PURPOSE.
  
      The purpose of this Act is to ensure that only those parties that 
  control intermodal equipment transported on public highways in the 
  United States (and thus have the opportunity and authority to 
  systematically maintain, repair, and inspect the intermodal equipment) 
  have legal responsibility for the safety of that equipment as it 
  travels in interstate commerce.
  
  SEC. 4. DEFINITIONS.
  
      Section 5901 of title 49, United States Code, is amended by adding 
  at the end the following new paragraphs:
              ``(9) `motor carrier' includes--
                      ``(A) a motor private carrier, as defined in 
                  section 13102 of this title; and
                      ``(B) an agent of a motor carrier.
              ``(10) `intermodal equipment'--
                      ``(A) means equipment that is commonly used in the 
                  intermodal transportation of freight over public 
                  highways as an instrumentality of foreign or interstate 
                  commerce; and
                      ``(B) includes a trailer, chassis, container, and 
                  any device associated with a trailer, chassis, or 
                  container.
              ``(11) `equipment interchange agreement', with respect to 
          intermodal equipment, means a written document that--
                      ``(A) is executed by a controller of the equipment, 
                  or its agent, and a motor carrier; and
                      ``(B) establishes the responsibilities and 
                  liabilities of both parties as they relate to the 
                  interchange of the equipment.
              ``(12) `controller', with respect to intermodal equipment, 
          means any party that has any legal right, title, or interest in 
          the equipment, except that a motor carrier--
                      ``(A) is not a controller of the equipment solely 
                  because it provides or arranges for any part of the 
                  intermodal transportation of the equipment; and
                      ``(B) may not be considered a controller of the 
                  equipment if authority for systematic maintenance and 
                  repairs of the equipment has not been delegated to the 
                  motor carrier.
              ``(13) `interchange', with respect to intermodal equipment, 
          means the act of providing the equipment to a motor carrier for 
          the purpose of transporting the equipment for loading or 
          unloading by any party or repositioning the equipment for the 
          benefit of the equipment controller, except that such term does 
          not mean the leasing of the equipment to a motor carrier for 
          use in the motor carrier's over-the-road freight hauling 
          operations.
              ``(14) `applicable safety regulations' means the 
          regulations applicable to controllers of intermodal equipment 
          under section 5909 of this title.''.
  
  SEC. 5. JURISDICTION OVER EQUIPMENT CONTROLLERS.
  
      Chapter 59 of title 49, United States Code, is amended by adding at 
  the end the following new section:
  ``Sec. 5909. Jurisdiction over equipment controller
      ``The authority of the Secretary of Transportation to prescribe 
  regulations on commercial motor vehicle safety under section 31136 of 
  this title shall apply to controllers of intermodal equipment that is 
  interchanged or to be interchanged.''.
  
  SEC. 6. EQUIPMENT CONTROLLER RESPONSIBILITY.
  
      (a) In General.--Chapter 59 of title 49, United States Code, as 
  amended by section 5, is further amended by adding at the end the 
  following new section:
  ``Sec. 5910. Equipment inspection, repair, and maintenance
      ``(a) In General.--Notwithstanding any provision of an equipment 
  interchange agreement, a controller of intermodal equipment that is 
  interchanged or to be interchanged--
              ``(1) shall be responsible and held liable for the 
          systematic inspection, maintenance, and repair of the 
          equipment;
              ``(2) shall, each time prior to offering a motor carrier 
          the equipment for interchange, inspect the equipment and 
          provide such maintenance on, and make such repairs to, the 
          equipment to ensure that such equipment complies with all 
          applicable safety regulations at all times; and
              ``(3) shall not offer intermodal equipment to a motor 
          carrier unless such equipment has been inspected and repaired 
          as necessary to comply with such regulations.
      ``(b) Reimbursement.--
              ``(1) In general.--In the event that a repair of 
          interchanged intermodal equipment is necessary while in a motor 
          carrier's possession in order to comply with applicable safety 
          regulations, the controller of the equipment shall promptly 
          reimburse the motor carrier for the actual expenses that are 
          incurred by the motor carrier for the necessary repair, 
          together with compensation for any loss incurred by the motor 
          carrier by reason of delay in the transportation of the 
          equipment necessitated by the need for the repair.
              ``(2) Exception.--The controller of intermodal equipment 
          shall not be liable to provide reimbursement or compensation 
          for a repair to a motor carrier under paragraph (1) if the 
          motor carrier's negligence or willful misconduct caused the 
          condition requiring the repair.
      ``(c) Fines.--The Secretary may prescribe fines against controllers 
  of intermodal equipment for violations of this section.''.
  
  SEC. 7. SAFETY COMPLIANCE.
  
      (a) In General.--Chapter 59 of title 49, United States Code, as 
  amended by section 6, is further amended by adding at the end the 
  following new section:
  ``Sec. 5911. Compliance with safety regulations
      ``(a) Liability of Equipment Controller.--Notwithstanding any 
  provision of an equipment interchange agreement, the controller of 
  intermodal equipment covered by such agreement shall be liable for each 
  violation of applicable safety regulations that is attributable to such 
  equipment and shall pay any fine, penalty, and damages resulting from 
  such violation, except that the controller of such equipment shall not 
  be liable for any such violations that is proximately caused by the 
  negligence or willful misconduct of a motor carrier that is not the 
  controller of such equipment.
      ``(b) Limitation on Liability of Motor Carrier.--A motor carrier 
  who receives intermodal equipment through interchange may not be held 
  liable for a violation of applicable safety regulations that is 
  attributable to such equipment other than under the circumstances and 
  to the extent provided in subsection (a).
      ``(c) Limitation on Effect.--No record or report of a violation of 
  applicable safety regulations attributable to interchanged intermodal 
  equipment, whether issued by a Federal, State, or local law enforcement 
  authority, shall have any effect on a motor carrier's overall safety 
  rating or safety status measurement system score, as determined by the 
  Federal Motor Carrier Safety Administration, or on a driving record of 
  a driver for the motor carrier unless such violation was proximately 
  caused by the negligence or willful misconduct of the motor carrier or 
  driver, respectively.
      ``(d) Procedure for Records Corrections.--The Secretary of 
  Transportation shall prescribe an expedited procedure to correct 
  records or reports of violations that under subsection (c) should not 
  have been adversely affected by a violation of applicable safety 
  regulations.''.
      (b) Time for Prescribing Records Correction Procedures.--The 
  Secretary shall issue final regulations setting forth the expedited 
  procedures required by section 5910(d) of title 49, United States Code, 
  not later than 180 days after the date of enactment of this Act.
  
  SEC. 8. AUTHORITY TO INSPECT.
  
      Chapter 59 of title 49, United States Code, as amended by section 
  7, is further amended by adding at the end the following new section:
  ``Sec. 5912. Authority to inspect
      ``(a) Authority.--The Secretary of Transportation is authorized to 
  enter any facility of a controller of intermodal equipment interchanged 
  for use on a public highway in order to inspect the equipment to 
  determine whether the equipment complies with the applicable 
  regulations.
      ``(b) Inspection Program.--The Secretary shall establish and 
  implement with appropriate staffing an inspection and audit program at 
  facilities of controllers of intermodal equipment in order to make 
  determinations under subsection (a). Inspection of equipment and 
  maintenance records for such equipment at such facility shall take 
  place not less frequently than once every 3 months.
      ``(c) Non-Complying Equipment.--Any intermodal equipment that is 
  determined under this section as failing to comply with applicable 
  safety regulations shall be placed out of service and may not be used 
  on a public highway until the repairs necessary to bring such equipment 
  into compliance have been completed. Repairs of equipment placed out of 
  service shall be documented in the maintenance records for such 
  equipment.''.
  
  SEC. 9. PROHIBITION ON RETALIATION.
  
      Chapter 59 of title 49, United States Code, as amended by section 
  8, is further amended by adding at the end the following new section:
  ``Sec. 5913. Penalties for retaliation
      ``(a) Retaliation Prohibited.--A controller of intermodal equipment 
  may not take any action to threaten, coerce, discipline, discriminate, 
  or otherwise retaliate against a motor carrier in response to a request 
  made by the motor carrier for maintenance or repair of equipment 
  intended for interchange in order to comply with the applicable safety 
  regulations.
      ``(b) Failure To Timely Provide Safe Equipment Deemed To Be 
  Retaliation.--Upon receiving a motor carrier's request for maintenance 
  or repair of intermodal equipment to be picked up by the motor carrier 
  in an interchange of equipment, the controller of intermodal equipment 
  shall be considered to have retaliated against the motor carrier for 
  the purposes of this section if the controller of intermodal equipment 
  fails to provide the motor carrier with the equipment in a condition 
  compliant with the applicable safety regulations within 60 minutes 
  after the motor carrier arrives to pick up the equipment at the place 
  where the equipment is to be picked up.
      ``(c) Penalty.--A controller of intermodal equipment that violates 
  subsection (a) shall be liable to the United States Government for a 
  civil penalty of up to $10,000 for each violation.''.
  
  SEC. 10. DELEGATION OF MAINTENANCE RESPONSIBILITY.
  
      Chapter 59 of title 49, United States Code, as amended by section 
  9, is further amended by adding at the end the following new section:
  ``Sec. 5914. Maintenance responsibility
      ``A controller of intermodal equipment may not delegate its 
  responsibility to systematically maintain and repair equipment intended 
  for interchange to a motor carrier or motor carrier agent in an 
  equipment interchange agreement.''.
  
  SEC. 11. COMPATIBILITY OF STATE LAWS.
  
      (a) In General.--Chapter 59 of title 49, United States Code, as 
  amended by section 10, is further amended by adding at the end the 
  following new section:
  ``Sec. 5915. Compatibility of State laws
      ``(a) Preemption Generally.--Except as provided in subsection (b) 
  or as otherwise authorized by Federal law, a law, regulation, order, or 
  other requirement of a State or political subdivision of a State, or of 
  a tribal organization, is preempted if compliance with such law, 
  regulation, order, or other requirement would preclude compliance with 
  a requirement imposed under this chapter.
      ``(b) Certain Rules not Preempted.--A law, regulation, order, or 
  other requirement of a State or political subdivision of a State, or of 
  a tribal organization, shall not be preempted under subsection (a) if 
  such law, regulation, order, or other requirement is more stringent 
  than, but otherwise compatible with, a requirement under this chapter.
      ``(c) Tribal Organization Defined.--In this section, the term 
  `tribal organization' has the meaning given such term in section (4)(l) 
  of the Indian Self-Determination and Education Assistance Act (25 
  U.S.C. 450b(l)).''.
  
  SEC. 12. REPEAL OF OBSOLETE PROVISION.
  
      Section 5907 of title 49, United States Code, is repealed.
  
  SEC. 13. CLERICAL AMENDMENTS.
  
      The table of sections at the beginning of such chapter is amended--
              (1) by striking the item relating to section 5907; and
              (2) by adding at the end the following:
  
  ``5909. Jurisdiction over equipment controller.
  ``5910. Equipment inspection, repair, and maintenance.
  ``5911. Compliance with safety regulations.
  ``5912. Authority to inspect.
  ``5913. Penalties for retaliation.
  ``5914. Maintenance responsibility.
  ``5915. Compatibility of State laws.''.
  
  SEC. 14. IMPLEMENTING REGULATIONS.
  
      (a) Regulations.--The Secretary of Transportation, after notice and 
  opportunity for comment, shall issue regulations implementing the 
  provisions of this Act. The regulations shall be issued as part of the 
  Federal Motor Carrier Safety Regulations of the Department of 
  Transportation. The implementing regulations shall include--
              (1) a requirement to identify controllers of intermodal 
          equipment that is interchanged or intended for interchange in 
          intermodal transportation;
              (2) a requirement to match such equipment readily to its 
          controller through a unique identifying number;
              (3) a requirement to ensure that each controller of 
          intermodal equipment maintains a system of maintenance and 
          repair records for such equipment;
              (4) a requirement to evaluate the compliance of controllers 
          of intermodal equipment with the applicable Federal Motor 
          Carrier Safety Regulations;
              (5) a provision that prohibits controllers of intermodal 
          equipment that fail to attain satisfactory compliance with such 
          regulations from authorizing the placement of equipment on 
          public highways;
              (6) a requirement for the Secretary to consider the effect 
          that adequate maintenance facilities may have on safety 
          condition of equipment;
              (7) a process by which motor carriers and agents of motor 
          carriers may anonymously petition the Federal Motor Carrier 
          Safety Administration to undertake an investigation of a 
          noncompliant controller of intermodal equipment;
              (8) administrative procedures to resolve disputes arising 
          under the regulations; and
              (9) the inspection and audit program required under section 
          5912(b) of title 49, United States Code, as added by section 8.
      (b) Time for Issuing Regulations.--The regulations required under 
  subsection (a) shall be developed pursuant to a rulemaking proceeding 
  initiated not later than 120 days after the date of the enactment of 
  this Act and shall be issued not later than one year after such date of 
  enactment.
      (c) Definitions.--For the purposes of this section, the definitions 
  set forth in section 5901 of title 49, United States Code, as amended 
  by section 4, shall apply.
  
  SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
  
      There is authorized to be appropriated to the Federal Motor Carrier 
  Safety Administration such sums as may be necessary for the 
  establishment and implementation of the inspection program required 
  under section 5912 of title 49, United States Code, as added by section 
  8.
  
  SEC. 16. EFFECTIVE DATE.
  
      Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of this Act and the 
  amendments made by such sections shall take effect 30 days after the 
  date of the enactment of this Act.
target: Intermodal Equipment Safety and Responsibility Act of 2003 - Subjects controllers of interchangeable intermodal equipment to commercial motor vehicle safety regulation and liability, including systematic inspection, maintenance, and repair requirements.
  
  Authorizes the Secretary of Transportation to conduct inspections.
  
  Prohibits a controller from retaliating against any motor carrier in response to a request for safety maintenance or repair of equipment intended for interchange, including failing to provide requested safe equipment in a timely fashion.
  
  Prohibits controller delegation of this maintenance responsibility.
  
  Directs the Secretary to issue implementing regulations as part of the Federal Motor Carrier Safety Regulations.
feat_title: A bill to amend title 49, United States Code, relating to responsibility for intermodal equipment compliance with commercial motor vehicle safety requirements, and for other purposes.