II 

Calendar No. 192

109TH CONGRESS 

1ST SESSION S. 1567

[Report No. 109–120] 

To reauthorize and improve surface transportation safety programs, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2005

Mr. STEVENS, from the Committee on Commerce, Science, and Transportation, reported the following original bill; which was read twice and 

placed on the calendar 

A BILL

To reauthorize and improve surface transportation safety 

programs, and for other purposes.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Surface Transpor5 tation Safety Improvement Act of 2005’’. 
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1 SEC. 2. AMENDMENT OF UNITED STATES CODE. 

2 (a) AMENDMENT OF TITLE 49.—Except as otherwise 

3 specifically provided, whenever in this Act an amendment 

4 is expressed in terms of an amendment to a section or 

5 other provision of law, the reference shall be considered 

6 to be made to a section or other provision of title 49, 

7 United States Code. 

8 (b) AMENDMENT OF TITLE 23.—Except as otherwise 

9 expressly provided, whenever in subtitle A of title II of 

10 this Act an amendment or repeal is expressed in terms 

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

12 provision, the reference shall be considered to be made to 

13 a section or other provision of title 23, United States 

14 Code. 

15 SEC. 3. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Amendment of United States Code. 

Sec. 3. Table of contents. 

TITLE I—MOTOR CARRIER SAFETY 

Subtitle A—Motor Carriers 

Sec. 101. Short title. 

Sec. 102. Contract authority. 

Sec. 103. Authorization of appropriations. 

Sec. 104. High risk carrier compliance reviews. 

Sec. 105. Overdue reports, studies, and rulemakings. 

Sec. 106. Amendments to the listed reports, studies, and rulemaking proceedings. 

Sec. 107. Motor carrier safety grants. 

Sec. 108. Technical corrections. 

Sec. 109. Penalty for denial of access to records. 

Sec. 110. Medical program. 

Sec. 111. Operation of commercial motor vehicles by individuals who use insulin 

to treat diabetes mellitus. 
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Sec. 112. Financial responsibility for private motor carriers. 

Sec. 113. Increased penalties for out-of-service violations and false records. 

Sec. 114. Intrastate operations of interstate motor carriers. 

Sec. 115. Authority to stop commercial motor vehicles. 

Sec. 116. Revocation of operating authority. 

Sec. 117. Pattern of safety violations by motor carrier management. 

Sec. 118. Motor carrier research and technology program. 

Sec. 119. International cooperation. 

Sec. 120. Performance and registration information system management. 

Sec. 121. Commercial vehicle information systems and networks deployment. 

Sec. 122. Outreach and education. 

Sec. 123. Foreign commercial motor vehicles. 

Sec. 124. Pre-employment safety screening. 

Sec. 125. Office of intermodalism. 

Sec. 126. Decals. 

Sec. 127. Roadability. 

Sec. 128. Motor carrier regulations 

Subtitle B—Unified Carrier Registration 

Sec. 131. Short title. 

Sec. 132. Relationship to other laws. 

Sec. 133. Inclusion of motor private and exempt carriers. 

Sec. 134. Unified carrier registration system. 

Sec. 135. Registration of motor carriers by States. 

Sec. 136. Identification of vehicles. 

Sec. 137. Use of UCR agreement revenues as matching funds. 

Subtitle C—Commercial Driver’s Licenses 

Sec. 151. CDL task force. 

Sec. 152. CDL learner’s permit program. 

Sec. 153. Grants to States for commercial driver’s license improvements. 

Sec. 154. Modernization of CDL information system. 

TITLE II—HIGHWAY AND VEHICULAR SAFETY 

Sec. 201. Short title. 

Subtitle A—Highway Safety Grant Program 

Sec. 211. Short title. 

Sec. 212. Authorization of appropriations. 

Sec. 213. Highway safety programs. 

Sec. 214. Highway safety research and outreach programs. 

Sec. 215. National highway safety advisory committee technical correction. 

Sec. 216. Occupant protection grants. 

Sec. 217. Older driver safety; law enforcement training. 

Sec. 218. Emergency medical services. 

Sec. 219. Repeal of authority for alcohol traffic safety programs. 

Sec. 220. Impaired driving program. 

Sec. 221. State traffic safety information system improvements. 

Sec. 222. NHTSA accountability. 

Sec. 223. Grants for improving child passenger safety programs. 

Sec. 224. Motorcyclist safety training and motorist awareness programs. 

Subtitle B—Specific Vehicle Safety-Related Rulings 
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Sec. 251. Vehicle rollover prevention and crash mitigation. 

Sec. 252. Side-impact crash protection rulemaking. 

Sec. 253. Tire research. 

Sec. 254. Vehicle backover avoidance technology study. 

Sec. 255. Nontraffic incident data collection. 

Sec. 256. Safety belt use reminders. 

Sec. 257. Amendment of Automobile Information Disclosure Act. 

Sec. 258. Power window switches. 

Sec. 259. 15-passenger van safety. 

Sec. 260. Authorization of appropriations. 

TITLE III—HAZARDOUS MATERIALS 

Sec. 301. Short title. 

Subtitle A—General Authorities on Transportation of Hazardous Materials 

Sec. 321. Purpose. 

Sec. 322. Definitions. 

Sec. 323. General regulatory authority. 

Sec. 324. Limitation on issuance of hazmat licenses. 

Sec. 325. Background checks for drivers hauling hazardous materials. 

Sec. 326. Representation and tampering. 

Sec. 327. Transporting certain material. 

Sec. 328. Hazmat employee training requirements and grants. 

Sec. 329. Registration. 

Sec. 330. Shipping papers and disclosure. 

Sec. 331. Rail tank cars. 

Sec. 332. Unsatisfactory safety ratings. 

Sec. 333. Training curriculum for the public sector. 

Sec. 334. Planning and training grants; emergency preparedness fund. 

Sec. 335. Special permits and exclusions. 

Sec. 336. Uniform forms and procedures. 

Sec. 337. Hazardous materials transportation safety and security. 

Sec. 338. Enforcement. 

Sec. 339. Civil penalties. 

Sec. 340. Criminal penalties. 

Sec. 341. Preemption. 

Sec. 342. Relationship to other laws. 

Sec. 343. Judicial review. 

Sec. 344. Authorization of appropriations. 

Sec. 345. Additional civil and criminal penalties. 

Sec. 346. Technical corrections. 

Subtitle B—Other Matters 

Sec. 361. Administrative authority for Pipeline and Hazardous Materials Safety 

Administration. 

Sec. 362. Mailability of hazardous materials. 

Sec. 363. Criminal matters. 

Sec. 364. Cargo inspection program. 

Sec. 365. Information on hazmat registrations. 

Sec. 366. Report on applying hazardous materials regulations to persons who 

reject hazardous materials. 

Sec. 367. National first responder transportation incident response system. 

Sec. 368. Hazmat transportation plan exemption for farmers. 
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Sec. 369. Welded rail and tank car safety improvements. 

Sec. 370. Report regarding impact on public safety of train travel in communities without grade separation. 

Sec. 371. Hazardous materials cooperative research program. 

Subtitle C—Sanitary Food Transportation 

Sec. 381. Short title. 

Sec. 382. Responsibilities of the Secretary of Health and Human Services. 

Sec. 383. Department of Transportation requirements. 

Sec. 384. Effective date. 

TITLE IV—HOUSEHOLD GOODS MOVERS 

Sec. 401. Short title. 

Sec. 402. Definitions. 

Sec. 403. Payment of rates. 

Sec. 404. Household goods carrier operations. 

Sec. 405. Liability of carriers under receipts and bills of lading. 

Sec. 406. Arbitration requirements. 

Sec. 407. Enforcement of regulations related to transportation of household 

goods. 

Sec. 408. Working group for development of practices and procedures to enhance Federal-State relations. 

Sec. 409. Information about household goods transportation on carriers’ 

websites. 

Sec. 410. Consumer complaints. 

Sec. 411. Review of liability of carriers. 

Sec. 412. Civil penalties relating to household goods brokers. 

Sec. 413. Civil and criminal penalty for failing to give up possession of household goods. 

Sec. 414. Progress report. 

Sec. 415. Additional registration requirements for motor carriers of household 

goods. 

TITLE V—SPORTFISHING AND RECREATIONAL BOATING SAFETY 

Sec. 501. Short title. 

Subtitle A—Federal Aid in Sport Fish Restoration Act Amendments 

Sec. 511. Amendment of Federal Aid in Sport Fish Restoration Act. 

Sec. 512. Authorization of appropriations. 

Sec. 513. Division of annual appropriations. 

Sec. 514. Maintenance of projects. 

Sec. 515. Boating infrastructure. 

Sec. 516. Requirements and restrictions concerning use of amounts for expenses for administration. 

Sec. 517. Payments of funds to and cooperation with Puerto Rico, the District 

of Columbia, Guam, American Samoa, the Commonwealth of 

the Northern Mariana Islands, and the Virgin Islands. 

Sec. 518. Multistate conservation grant program. 

Sec. 519. Expenditures from boat safety account. 

Subtitle B—Clean Vessel Act Amendments 

Sec. 531. Grant program. 
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Subtitle C—Recreational Boating Safety Program Amendments 

Sec. 551. State matching funds requirement. 

Sec. 552. Availability of allocations. 

Sec. 553. Authorization of appropriations for State recreational boating safety 

programs. 

Sec. 554. Maintenance of effort for State recreational boating safety programs.

1 TITLE I—MOTOR CARRIER 

2 SAFETY 

3 Subtitle A—Motor Carriers 

4 SEC. 101. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Motor Carrier 

6 Safety Reauthorization Act of 2005’’. 

7 SEC. 102. CONTRACT AUTHORITY. 

8 Authorizations from the Highway Trust Fund (other 

9 than the Mass Transit Account) to carry out this subtitle 

10 shall be available for obligation on the date of their appor11 tionment or allocation or on October 1 of the fiscal year 

12 for which they are authorized, whichever occurs first. Ap13 proval by the Secretary of a grant with funds made avail14 able under this title imposes upon the United States Gov15 ernment a contractual obligation for payment of the Gov16 ernment’s share of costs incurred in carrying out the ob17 jectives of the grant. 

18 SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) ADMINISTRATIVE EXPENSES.—Section 31104 is 

20 amended by adding at the end the following: 

21 ‘‘(i) ADMINISTRATIVE EXPENSES.— 
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1 ‘‘(1) There are authorized to be appropriated 

2 from the Highway Trust Fund (other than the Mass 

3 Transit Account) for the Secretary of Transpor4 tation to pay administrative expenses of the Federal 

5 Motor Carrier Safety Administration— 

6 ‘‘(A) $211,400,000 for fiscal year 2006; 

7 ‘‘(B) $217,500,000 for fiscal year 2007; 

8 ‘‘(C) $222,600,000 for fiscal year 2008; 

9 and 

10 ‘‘(D) $228,500,000 for fiscal year 2009. 

11 ‘‘(2) The funds authorized by this subsection 

12 shall be used for personnel costs; administrative in13 frastructure; rent; information technology; programs 

14 for research and technology, information manage15 ment, regulatory development (including a medical 

16 review board and rules for medical examiners), per17 formance and registration information system man18 agement, and outreach and education; other oper19 ating expenses and similar matters; and such other 

20 expenses as may from time to time become necessary 

21 to implement statutory mandates not funded from 

22 other sources. 

23 ‘‘(3) The amounts made available under this 

24 section shall remain available until expended.’’. 
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1 (b) GRANT PROGRAMS.—There are authorized to be 

2 appropriated from the Highway Trust Fund (other than 

3 the Mass Transit Account) for the following Federal 

4 Motor Carrier Safety Administration programs: 

5 (1) Border enforcement grants under section 

6 31107 of title 49, United States Code— 

7 (A) $33,000,000 for fiscal year 2006; 

8 (B) $34,000,000 for fiscal year 2007; 

9 (C) $35,000,000 for fiscal year 2008; and 

10 (D) $36,000,000 for fiscal year 2009. 

11 (2) Performance and registration information 

12 system management grant program under 31109 of 

13 title 49, United States Code, $4,000,000 for each of 

14 fiscal years 2006 through 2009. 

15 (3) Commercial driver’s license and driver im16 provement program grants under section 31318 of 

17 title 49, United States Code— 

18 (A) $23,000,000 for fiscal year 2006; 

19 (B) $23,000,000 for fiscal year 2007; 

20 (C) $24,000,000 for fiscal year 2008; and 

21 (D) $25,000,000 for fiscal year 2009. 

22 (4) For carrying out the commercial vehicle in23 formation systems and networks deployment pro24 gram established under section 31151 of title 49, 
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1 United States Code, $25,000,000 for each of fiscal 

2 years 2006 through 2009. 

3 (c) MOTOR CARRIER SAFETY ACCOUNT.—Funds 

4 made available under subsection (a) shall be administered 

5 in the account established in the Treasury entitled ‘‘Motor 

6 Carrier Safety Operations and Program 69–8159–0–7–

7 401’’ and the funds made available under subsection (b) 

8 shall be administered in the account established in the 

9 Treasury entitled ‘‘Motor Carrier Safety Grants 69–8158–

10 0–7–401’’. 

11 (d) PERIOD OF AVAILABILITY.—The amounts made 

12 available under subsection (b) of this section shall remain 

13 available until expended. 

14 SEC. 104. HIGH RISK CARRIER COMPLIANCE REVIEWS. 

15 From the funds authorized by section 31104(i)(1) of 

16 title 49, United States Code, the Secretary of Transpor17 tation shall ensure that compliance reviews are completed 

18 on motor carriers that have demonstrated through per19 formance data that they pose the highest safety risk. At 

20 a minimum, compliance reviews shall be conducted when21 ever a motor carrier is rated as category A or B for 2 

22 consecutive months. 
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1 SEC. 105. OVERDUE REPORTS, STUDIES, AND 

2 RULEMAKINGS. 

3 (a) REQUIREMENT FOR COMPLETION.—Within 6 

4 months after the date of enactment of this Act, the Sec5 retary of Transportation shall transmit to the Senate 

6 Committee on Commerce, Science, and Transportation 

7 and the House of Representatives Committee on Trans8 portation and Infrastructure a schedule for the completion 

9 of the following reports, studies, and rulemaking pro10 ceedings: 

11 (1) Motor Carrier Replacement Information 

12 and Registration System, section 103, ICC Termi13 nation Act of 1995. 

14 (2) General Jurisdiction Over Freight For15 warder Service, section 13531, ICC Termination Act 

16 of 1995. 

17 (3) Performance-based CDL Testing, section 

18 4019, Transportation Equity Act for the Twenty19 First Century. 

20 (4) Improved Flow of Driver History Pilot Pro21 gram, section 4022, Transportation Equity Act for 

22 the Twenty-First Century. 

23 (5) Employee Protections, section 4023, Trans24 portation Equity Act for the Twenty-First Century. 
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1 (6) Federal Motor Carrier Safety Administra2 tion 2010 Strategy, section 104, Motor Carrier Safe3 ty Improvement Act of 1999. 

4 (7) New Motor Carrier Entrant Requirements, 

5 section 210, Motor Carrier Safety Improvement Act 

6 of 1999. 

7 (8) Certified Motor Carrier Safety Auditors, 

8 section 211, Motor Carrier Safety Improvement Act 

9 of 1999. 

10 (9) Medical Certificate, section 215, Motor Car11 rier Safety Improvement Act of 1999. 

12 (10) Truck Crash Causation Study, section 

13 224, Motor Carrier Safety Improvement Act of 

14 1999. 

15 (b) FINAL RULE REQUIRED.—Unless specifically 

16 otherwise permitted by law, rulemaking proceedings shall 

17 be considered completed for purposes of this section only 

18 when the Secretary has issued a final rule and the docket 

19 for the rulemaking proceeding is closed or the rulemaking 

20 proceeding is withdrawn or terminated and the docket 

21 closed without further action. 

22 (c) SCHEDULE FOR COMPLETION.—The Secretary 

23 shall transmit a revised schedule, indicating progress 

24 made in completing the reports, studies, and rulemaking 

25 proceedings reported under subsection (a) every 6 months 
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1 after the first such report under subsection (a) until they 

2 are completed. The Inspector General of the Department 

3 of Transportation shall make an annual determination as 

4 to whether the schedule is being met. 

5 (e) COMPLETION OF NEW RULEMAKING PRO6 CEEDINGS.—Nothing in this section delays or changes the 

7 deadlines specified for new reports, studies, or rulemaking 

8 mandates contained in this title. 

9 (f) REPORT OF OTHER AGENCY ACTIONS.—Within 

10 12 months after the date of enactment of this Act, the 

11 Secretary shall submit to the Senate Committee on Com12 merce, Science, and Transportation and to the House 

13 Committee on Transportation and Infrastructure a report 

14 on the status of the following projects: 

15 (1) Rescinding the current regulation which 

16 prohibits truck and bus drivers from viewing tele17 vision and monitor screens while operating commer18 cial vehicles. 

19 (2) Consolidating Out-Of-Service Criteria regu20 lations enforced by the Federal Motor Carrier Safety 

21 Administration. 

22 (3) Revision of the safety fitness rating system 

23 of motor carriers. 

24 (4) Amendment of Federal Motor Carrier Safe25 ty Administration rules of practice for conducting 
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1 motor carrier administrative proceedings, investiga2 tions, disqualifications, and for issuing penalties. 

3 (5) Requiring commercial drivers to have a suf4 ficient functional speaking and reading comprehen5 sion of the English language. 

6 SEC. 106. AMENDMENTS TO THE LISTED REPORTS, STUD7 IES, AND RULEMAKING PROCEEDINGS. 

8 In addition to completing the reports, studies, and 

9 rulemaking proceedings listed in section 105(a), the Sec10 retary of Transportation shall—

11 (1) cause the Interim Final Rule addressing 

12 New Motor Carrier Entrant Requirements to be 

13 amended so as to require that a safety audit be im14 mediately converted to a compliance review and ap15 propriate enforcement actions be taken if the safety 

16 audit discloses acute safety violations by the new en17 trant; and 

18 (2) ensure that Federal motor carrier safety 

19 regulations that apply to interstate operations of 

20 commercial motor vehicles designed to transport be21 tween 9 and 15 passengers (including the driver) 

22 apply to all interstate operations of such carries re23 gardless of the distance traveled. 
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1 SEC. 107. MOTOR CARRIER SAFETY GRANTS. 

2 (a) MOTOR CARRIER SAFETY ASSISTANCE PRO3 GRAM.— 

4 (1) Section 31102 is amended— 

5 (A) by striking ‘‘activities by fiscal year 

6 2000;’’ in subsection (b)(1)(A) and inserting 

7 ‘‘activities for commercial motor vehicles of pas8 sengers and freight;’’; 

9 (B) by striking ‘‘years before December 

10 18, 1991;’’ in subsection (b)(1)(E) and insert11 ing ‘‘years’’; 

12 (C) by striking ‘‘and’’ after the semicolon 

13 in subsection (b)(1)(S); 

14 (D) by striking ‘‘personnel.’’ in subsection 

15 (b)(1)(T) and inserting ‘‘personnel;’’; 

16 (E) adding at the end of subsection (b)(1) 

17 the following: 

18 ‘‘(U) ensures that inspections of motor carriers 

19 of passengers are conducted at stations, terminals, 

20 border crossings, or maintenance facilities, except in 

21 the case of an imminent or obvious safety hazard; 

22 ‘‘(V) provides that the State will include in the 

23 training manual for the licensing examination to 

24 drive a non-commercial motor vehicle and a commer25 cial motor vehicle, information on best practices for 

26 driving safely in the vicinity of commercial motor ve-
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1 hicles and in the vicinity of non-commercial vehicles, 

2 respectively; and 

3 ‘‘(W) provides that the State will enforce the 

4 registration requirements of section 13902 by sus5 pending the operation of any vehicle discovered to be 

6 operating without registration or beyond the scope of 

7 its registration.’’; and 

8 (F) by striking subsection (c) and inserting 

9 the following: 

10 ‘‘(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—

11 A State may use amounts received under a grant under 

12 subsection (a) of this section for the following activities: 

13 ‘‘(1) If the activities are carried out in conjunc14 tion with an appropriate inspection of the commer15 cial motor vehicle to enforce Government or State 

16 commercial motor vehicle safety regulations—

17 ‘‘(A) enforcement of commercial motor ve18 hicle size and weight limitations at locations 

19 other than fixed weight facilities, at specific lo20 cations such as steep grades or mountainous 

21 terrains where the weight of a commercial 

22 motor vehicle can significantly affect the safe 

23 operation of the vehicle, or at ports where inter24 modal shipping containers enter and leave the 

25 United States; and 
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1 ‘‘(B) detection of the unlawful presence of 

2 a controlled substance (as defined under section 

3 102 of the Comprehensive Drug Abuse Preven4 tion and Control Act of 1970 (21 U.S.C. 802)) 

5 in a commercial motor vehicle or on the person 

6 of any occupant (including the operator) of the 

7 vehicle. 

8 ‘‘(2) Documented enforcement of State traffic 

9 laws and regulations designed to promote the safe 

10 operation of commercial motor vehicles, including 

11 documented enforcement of such laws and regula12 tions against non-commercial motor vehicles when 

13 necessary to promote the safe operation of commer14 cial motor vehicles.’’. 

15 (2) Section 31103(b) is amended—

16 (A) by inserting ‘‘(1)’’ after ‘‘ACTIVI17 TIES.—’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(2) NEW ENTRANT MOTOR CARRIER AUDIT

20 FUNDS.—From the amounts designated under sec21 tion 31104(f)(4), the Secretary may allocate new en22 trant motor carrier audit funds to States and local 

23 governments without requiring a matching contribu24 tion from such States or local governments.’’. 
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1 (3) Section 31104(a) is amended to read as fol2 lows: 

3 ‘‘(a) IN GENERAL.—There are authorized to be ap4 propriated from the Highway Trust Fund (other than the 

5 Mass Transit Account) to carry out section 31102: 

6 ‘‘(1) Not more than $193,620,000 for fiscal 

7 year 2006. 

8 ‘‘(2) Not more than $197,490,000 for fiscal 

9 year 2007. 

10 ‘‘(3) Not more than $201,440,000 for fiscal 

11 year 2008. 

12 ‘‘(4) Not more than $205,470,000 for fiscal 

13 year 2009.’’. 

14 (4) Section 31104(f) is amended by striking 

15 paragraph (2) and inserting the following: 

16 ‘‘(2) HIGH-PRIORITY ACTIVITIES.—The Sec17 retary may designate up to $15,000,000 for each of 

18 fiscal years 2006 through 2009 from amounts avail19 able for allocation under paragraph (1) for States, 

20 local governments, and organizations representing 

21 government agencies or officials for carrying out 

22 high priority activities and projects that improve 

23 commercial motor vehicle safety and compliance with 

24 commercial motor vehicle safety regulations, includ25 ing activities and projects that are national in scope, 
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1 increase public awareness and education, or dem2 onstrate new technologies, and will reduce the num3 ber and rate of accidents involving commercial motor 

4 vehicles. The amounts designated under this para5 graph shall be allocated by the Secretary to State 

6 agencies, local governments, and organizations rep7 resenting government agencies or officials that use 

8 and train qualified officers and employees in coordi9 nation with State motor vehicle safety agencies. The 

10 Secretary shall establish safety performance criteria 

11 to be used to distribute high priority program funds. 

12 At least 80 percent of the amounts designated under 

13 this paragraph shall be awarded to State agencies 

14 and local government agencies. 

15 ‘‘(3) NEW ENTRANT AUDITS.—The Secretary 

16 shall designate up to $29,000,000 of the amounts 

17 available for allocation under paragraph (1) for au18 dits of new entrant motor carriers conducted pursu19 ant to 31144(f). The Secretary may withhold such 

20 funds from a State or local government that is un21 able to use government employees to conduct new 

22 entrant motor carrier audits, and may instead utilize 

23 the funds to conduct audits in those jurisdictions. 

24 ‘‘(4) CDLIS MODERNIZATION.—The Secretary 

25 may designate up to $2,000,000 for fiscal year 2006 
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1 and up to $6,000,000 for fiscal years 2007 through 

2 2009 from amounts available for allocation under 

3 paragraph (1) for commercial driver’s license infor4 mation system modernization under section 

5 31309(f).’’. 

6 (b) GRANTS TO STATES FOR BORDER ENFORCE7 MENT.—Section 31107 is amended to read as follows: 

8 ‘‘§ 31107. Border enforcement grants 

9 ‘‘(a) GENERAL AUTHORITY.—From the funds au10 thorized by section 103(b)(1) of the Motor Carrier Safety 

11 Reauthorization Act of 2005, the Secretary may make a 

12 grant in a fiscal year to a State that shares a border with 

13 another country for carrying out border commercial motor 

14 vehicle safety programs and related enforcement activities 

15 and projects. 

16 ‘‘(b) MAINTENANCE OF EXPENDITURES.—The Sec17 retary may make a grant to a State under this section 

18 only if the State agrees that the total expenditure of 

19 amounts of the State and political subdivisions of the 

20 State, exclusive of United States Government amounts, for 

21 carrying out border commercial motor vehicle safety pro22 grams and related enforcement activities and projects will 

23 be maintained at a level at least equal to the average level 

24 of that expenditure by the State and political subdivisions 
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1 of the State for the last 2 State or Federal fiscal years 

2 before October 1, 2005.’’. 

3 (c) NONCOMPLIANCE WITH CDL REQUIREMENTS.—

4 Section 31314 is amended by inserting ‘‘up to’’ after 

5 ‘‘withhold’’ in subsections (a) and (b). 

6 (d) CONFORMING AMENDMENTS.—(1) The chapter 

7 analysis for chapter 311 is amended—

8 (A) by striking the item relating to Subchapter 

9 I, and inserting the following:

‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’;

10 and 

11 (B) by striking the item relating to section 

12 31107, and inserting the following:

‘‘31107. Border enforcement grants.’’.

13 (2) Subchapter I of chapter 311 is amended by strik14 ing the subchapter heading and inserting the following:

‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’

15 SEC. 108. TECHNICAL CORRECTIONS. 

16 (a) JURISDICTION OF COURT OF APPEALS OVER

17 COMMERCIAL MOTOR VEHICLE SAFETY REGULATION

18 AND OPERATORS AND MOTOR CARRIER SAFETY.—Section 

19 2342(3)(A) of title 28, United States Code, is amended 

20 by striking ‘‘subtitle IV’’ and inserting ‘‘subtitle IV, sub21 chapter III of chapter 311, chapter 313, or chapter 315’’. 
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1 (b) JUDICIAL REVIEW.—Section 351(a) is amended 

2 to read as follows: 

3 ‘‘(a) JUDICIAL REVIEW.—An action of the Secretary 

4 of Transportation in carrying out a duty or power trans5 ferred under the Department of Transportation Act (Pub6 lic Law 89–670; 80 Stat. 931), or an action of the Admin7 istrator of the Federal Railroad Administration, Federal 

8 Motor Carrier Safety Administration, or the Federal Avia9 tion Administration in carrying out a duty or power spe10 cifically assigned to the Administrator by that Act, may 

11 be reviewed judicially to the same extent and in the same 

12 way as if the action had been an action by the department, 

13 agency, or instrumentality of the United States Govern14 ment carrying out the duty or power immediately before 

15 the transfer or assignment.’’. 

16 (c) AUTHORITY TO CARRY OUT CERTAIN TRANS17 FERRED DUTIES AND POWERS.—Section 352 is amended 

18 to read as follows: 

19 ‘‘§ 352. Authority to carry out certain transferred du20 ties and powers 

21 ‘‘In carrying out a duty or power transferred under 

22 the Department of Transportation Act (Public Law 89–

23 670; 80 Stat. 931), the Secretary of Transportation and 

24 the Administrators of the Federal Railroad Administra25 tion, the Federal Motor Carrier Safety Administration, 
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1 and the Federal Aviation Administration have the same 

2 authority that was vested in the department, agency, or 

3 instrumentality of the United States Government carrying 

4 out the duty or power immediately before the transfer. An 

5 action of the Secretary or Administrator in carrying out 

6 the duty or power has the same effect as when carried 

7 out by the department, agency, or instrumentality.’’. 

8 (d) TRANSFER OF PROVISION.— 

9 (1) Section 345 of Public Law 104–59 is trans10 ferred to subchapter III of chapter 311 of title 49, 

11 United States Code, redesignated as section 31149, 

12 and inserted after section 31148 as section 31149. 

13 Section 31149, as transferred by the preceding sen14 tence, is amended—

15 (A) by conforming the section heading to 

16 the style and format of the section headings in 

17 chapter 311 of title 49, United States Code; 

18 (B) by striking ‘‘of title 49, United States 

19 Code,’’ in subsections (a)(1), (a)(5), and (e)(4); 

20 and 

21 (C) by striking subsection (f). 

22 (2) The chapter analysis for chapter 311 is 

23 amended by inserting after the item relating to sec24 tion 31148 the following:

‘‘31149. Exemptions from requirements relating to commercial motor vehicles 

and their operators.’’.
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1 (e) ELIMINATION OF COMMODITY AND SERVICE EX2 EMPTIONS.—

3 (1) Section 13506(a) is amended—

4 (A) by striking paragraphs (6), (11), (12), 

5 (13), and (15); 

6 (B) by redesignating paragraphs (7), (8), 

7 (9), (10), and (14) as paragraphs (6), (7), (8), 

8 (9) and (10), respectively; 

9 (C) by inserting ‘‘or’’ after the semicolon 

10 in paragraph (9), as redesignated; and 

11 (D) striking ‘‘13904(d); or’’ in paragraph 

12 (10), as redesignated, and inserting 

13 ‘‘14904(d).’’. 

14 (2) Section 13507 is amended by striking ‘‘(6), 

15 (8), (11), (12), or (13)’’ and inserting ‘‘(6)’’. 

16 SEC. 109. PENALTY FOR DENIAL OF ACCESS TO RECORDS. 

17 Section 521(b)(2) is amended by adding at the end 

18 the following: 

19 ‘‘(E) COPYING OF RECORDS AND ACCESS TO EQUIP20 MENT, LANDS, AND BUILDINGS.—A motor carrier subject 

21 to chapter 51 of subtitle III, a motor carrier, broker, or 

22 freight forwarder subject to part B of subtitle IV, or the 

23 owner or operator of a commercial motor vehicle subject 

24 to part B of subtitle VI of this title who fails to allow 

25 the Secretary, or an employee designated by the Secretary, 
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1 promptly upon demand to inspect and copy any record or 

2 inspect and examine equipment, lands, buildings and other 

3 property in accordance with sections 504(c), 5121(c), and 

4 14122(b) of this title shall be liable to the United States 

5 for a civil penalty not to exceed $500 for each offense, 

6 and each day the Secretary is denied the right to inspect 

7 and copy any record or inspect and examine equipment, 

8 lands, buildings and other property shall constitute a sepa9 rate offense, except that the total of all civil penalties 

10 against any violator for all offenses related to a single vio11 lation shall not exceed $5,000. It shall be a defense to 

12 such penalty that the records did not exist at the time 

13 of the Secretary’s request or could not be timely produced 

14 without unreasonable expense or effort. Nothing herein 

15 amends or supersedes any remedy available to the Sec16 retary under sections 502(d), 507(c), or other provision 

17 of this title.’’. 

18 SEC. 110. MEDICAL PROGRAM. 

19 (a) IN GENERAL.—Subchapter III of chapter 311, as 

20 amended by section 108(d) of this title, is amended by 

21 adding at the end the following: 

22 ‘‘§ 31150. Medical program 

23 ‘‘(a) MEDICAL REVIEW BOARD.— 

24 ‘‘(1) ESTABLISHMENT AND FUNCTION.—The 

25 Secretary of Transportation shall establish a Medical 
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1 Review Board to provide the Federal Motor Carrier 

2 Safety Administration with medical advice and rec3 ommendations on driver qualification medical stand4 ards and guidelines, medical examiner education, 

5 and medical research. 

6 ‘‘(2) COMPOSITION.—The Medical Review 

7 Board shall be appointed by the Secretary and shall 

8 consist of 5 members selected from medical institu9 tions and private practice. The membership shall re10 flect expertise in a variety of specialties relevant to 

11 the functions of the Federal Motor Carrier Safety 

12 Administration. 

13 ‘‘(b) CHIEF MEDICAL EXAMINER.—The Secretary 

14 shall appoint a chief medical examiner who shall be an 

15 employee of the Federal Motor Carrier Safety Administra16 tion according to the SL schedule. 

17 ‘‘(c) MEDICAL STANDARDS AND REQUIREMENTS.—

18 ‘‘(1) IN GENERAL.— The Secretary, with the 

19 advice of the Medical Review Board and the chief 

20 medical examiner, shall—

21 ‘‘(A) establish, review, and revise—

22 ‘‘(i) medical standards for applicants 

23 for and holders of commercial driver’s li24 censes that will ensure that the physical 

25 condition of operators of commercial motor 
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1 vehicles is adequate to enable them to op2 erate the vehicles safely; 

3 ‘‘(ii) requirements for periodic phys4 ical examinations of such operators per5 formed by medical examiners who have 

6 successfully completed training in physical 

7 and medical examination standards and 

8 are listed on a national registry maintained 

9 by the Department of Transportation; and 

10 ‘‘(B) issue certificates to such holders and 

11 applicants that have been found, upon examina12 tion, to be physically qualified to operate a com13 mercial motor vehicle and to meet applicable 

14 medical standards unless the authority to issue 

15 certificates has been delegated to medical exam16 iners under subparagraph (d)(2) of this section; 

17 ‘‘(C) require each holder of a commercial 

18 driver’s license or learner’s permit who operates 

19 a commercial vehicle in interstate commerce to 

20 have a current valid medical certificate; 

21 ‘‘(D) conduct periodic reviews of a select 

22 number of medical examiners on the national 

23 registry to ensure that proper examinations of 

24 applicants and holders are being conducted; 
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1 ‘‘(E) develop, as appropriate, specific 

2 courses and materials for medical examiners 

3 listed in the national registry established under 

4 this section, and require those medical exam5 iners to complete specific training, including re6 fresher courses, to be listed in the registry; 

7 ‘‘(F) require medical examiners to trans8 mit the name of the applicant and numerical 

9 identifier, as determined by the Administrator, 

10 for any completed medical examination report 

11 required under section 391.43 of title 49, Code 

12 of Federal Regulations, electronically to the 

13 Chief Medical Examiner on monthly basis; and 

14 ‘‘(G) periodically review a representative 

15 sample of the medical examination reports asso16 ciated with the name and numerical identifiers 

17 of applicants transmitted under subparagraph 

18 (F) for errors, omissions, or other indications of 

19 improper certification. 

20 ‘‘(2) MONITORING PERFORMANCE.—The Sec21 retary shall investigate patterns of errors or im22 proper certification by a medical examiner. If the 

23 Secretary finds that a medical examiner has issued 

24 a medical certificate to an applicant or holder who 

25 fails to meet the applicable standards at the time of 
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1 the examination, such a medical examiner may be 

2 removed from the registry and the medical certifi3 cate of the applicant or holder may be deemed void. 

4 ‘‘(d) NATIONAL REGISTRY OF MEDICAL EXAM5 INERS.—The Secretary, through the Federal Motor Car6 rier Safety Administration— 

7 ‘‘(1) shall establish and maintain a current na8 tional registry of medical examiners who are quali9 fied to perform examinations and issue medical cer10 tificates; 

11 ‘‘(2) shall delegate to those examiners the au12 thority to issue such certificates upon successfully 

13 completing the required training; 

14 ‘‘(3) shall remove from the registry the name of 

15 any medical examiner that fails to meet or maintain 

16 the qualifications established by the Secretary for 

17 being listed in the registry or otherwise does not 

18 meet the requirements of this section or regulation 

19 issued there under; and 

20 ‘‘(4) shall accept as valid only medical certifi21 cates issued by persons on the national registry of 

22 medical examiners. 

23 ‘‘(e) REGULATIONS.—The Secretary is authorized to 

24 promulgate such regulations as may be necessary to carry 

25 out this section.’’. 
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1 (b) MEDICAL EXAMINERS.— Section 31136(a)(3) is 

2 amended to read as follows: 

3 ‘‘(3) the physical condition of operators of com4 mercial motor vehicles is adequate to enable them to 

5 operate the vehicles safely, and the periodic physical 

6 examinations required of such operators are per7 formed by medical examiners who have received 

8 training in physical and medical examination stand9 ards and are listed on a national registry maintained 

10 by the Department of Transportation; and’’. 

11 (c) DEFINITION OF MEDICAL EXAMINER.—Section 

12 31132 is amended— 

13 (1) by redesignating paragraphs (6) through 

14 (10) as paragraphs (7) through (11), respectively; 

15 and 

16 (2) by inserting after paragraph (5) the fol17 lowing: 

18 ‘‘(6) ‘medical examiner’ means an individual li19 censed, certified, or registered in accordance with 

20 regulations issued by the Federal Motor Carrier 

21 Safety Administration as a medical examiner.’’. 

22 (d) FUNDING.—Amounts made available pursuant to 

23 section 31104(i)(1) of title 49, United States Code, shall 

24 be used by the Secretary to carry out section 31150 of 

25 title 49, United States Code. 
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1 (e) CONFORMING AMENDMENT.—The chapter anal2 ysis for chapter 311, as amended by section 108(d) of this 

3 title, is amended by inserting after the item relating to 

4 section 31149 the following:

‘‘31150. Medical program.’’.

5 (f) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) shall take effect 1 year after the date of 

7 enactment of this Act. 

8 SEC. 111. OPERATION OF COMMERCIAL MOTOR VEHICLES 

9 BY INDIVIDUALS WHO USE INSULIN TO 

10 TREAT DIABETES MELLITUS. 

11 (a) REVISION OF FINAL RULE.—Not later than 90 

12 days after the date of the enactment of this Act, the Sec13 retary shall revise the final rule to allow individuals who 

14 use insulin to treat their diabetes to operate commercial 

15 motor vehicles in interstate commerce. The revised final 

16 rule shall provide for the individual assessment of appli17 cants who use insulin to treat their diabetes and who are, 

18 except for their use of insulin, otherwise qualified under 

19 the Federal Motor Carrier Safety Regulations. The revised 

20 final rule shall be consistent with the criteria described 

21 in section 4018 of the Transportation Equity Act for the 

22 21st Century (49 U.S.C. 31305 note) and shall conclude 

23 the rulemaking process in the Federal Motor Carrier Safe24 ty Administration docket relating to qualifications of driv25 ers with diabetes. 
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1 (b) NO HISTORY OF DRIVING WHILE USING INSULIN

2 REQUIRED FOR QUALIFICATION.—The Secretary may not 

3 require individuals to have experience operating commer4 cial motor vehicles while using insulin in order to qualify 

5 to operate a commercial motor vehicle in interstate com6 merce. 

7 (c) HISTORY OF DIABETES CONTROL.—The Sec8 retary may require an individual to have used insulin for 

9 a minimum period of time and demonstrated stable control 

10 of diabetes in order to qualify to operate a commercial 

11 motor vehicle in interstate commerce. Any such require12 ment, including any requirement with respect to the dura13 tion of such insulin use, shall be consistent with the find14 ings of the expert medical panel reported in July 2000 

15 in ‘‘A Report to Congress on the Feasibility of a Program 

16 to Qualify Individuals with Insulin-Treated Diabetes 

17 Mellitus to Operate Commercial Motor Vehicles in Inter18 state Commerce as Directed by the Transportation Equity 

19 Act for the 21st Century’’. 

20 (d) APPLICABLE STANDARD.—The Secretary shall 

21 ensure that individuals who use insulin to treat their dia22 betes are not held to a higher standard than other quali23 fied commercial drivers, except to the extent that limited 

24 operating, monitoring, or medical requirements are 
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1 deemed medically necessary by experts in the field of dia2 betes medicine. 

3 SEC. 112. FINANCIAL RESPONSIBILITY FOR PRIVATE 

4 MOTOR CARRIERS. 

5 (a) TRANSPORTATION OF PASSENGERS.— 

6 (1) Section 31138(a) is amended to read as fol7 lows: 

8 ‘‘(a) GENERAL REQUIREMENT.—The Secretary of 

9 Transportation shall prescribe regulations to require min10 imum levels of financial responsibility sufficient to satisfy 

11 liability amounts established by the Secretary covering 

12 public liability and property damage for the transportation 

13 of passengers by motor vehicle in the United States be14 tween a place in a State and—

15 ‘‘(1) a place in another State; 

16 ‘‘(2) another place in the same State through a 

17 place outside of that State; or 

18 ‘‘(3) a place outside the United States.’’. 

19 (2) Section 31138(c) is amended by adding at 

20 the end the following: 

21 ‘‘(4) The Secretary may require a person, other 

22 than a motor carrier as defined in section 13102(12) 

23 of this title, transporting passengers by motor vehi24 cle to file with the Secretary the evidence of finan25 cial responsibility specified in subsection (c)(1) of 
33

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1 this section in an amount not less than that required 

2 by this section, and the laws of the State or States 

3 in which the person is operating, to the extent appli4 cable. The extent of the financial responsibility must 

5 be sufficient to pay, not more than the amount of 

6 the financial responsibility, for each final judgment 

7 against the person for bodily injury to, or death of, 

8 an individual resulting from the negligent operation, 

9 maintenance, or use of motor vehicles, or for loss or 

10 damage to property, or both.’’. 

11 (b) TRANSPORTATION OF PROPERTY.—Section 

12 31139 is amended—

13 (1) by striking so much of subsection (b) as 

14 precedes paragraph (2) and inserting the following: 

15 ‘‘(b) GENERAL REQUIREMENTS AND MINIMUM

16 AMOUNT.— 

17 ‘‘(1) The Secretary of Transportation shall pre18 scribe regulations to require minimum levels of fi19 nancial responsibility sufficient to satisfy liability 

20 amounts established by the Secretary covering public 

21 liability, property damage, and environmental res22 toration for the transportation of property by motor 

23 vehicle in the United States between a place in a 

24 State and— 

25 ‘‘(A) a place in another State; 
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1 ‘‘(B) another place in the same State 

2 through a place outside of that State; or 

3 ‘‘(C) a place outside the United States.’’; 

4 (2) by aligning the left margin of paragraph (2) 

5 of subsection (b) with the left margin of paragraph 

6 (1) of that subsection (as amended by paragraph (1) 

7 of this subsection); and 

8 (3) by redesignating subsection (c) through (g) 

9 as subsections (d) through (h), respectively, and in10 serting after subsection (b) the following: 

11 ‘‘(c) FILING OF EVIDENCE OF FINANCIAL RESPONSI12 BILITY.—The Secretary may require a motor private car13 rier, as defined in section 13102 of this title, to file with 

14 the Secretary the evidence of financial responsibility speci15 fied in subsection (b) of this section in an amount not 

16 less than that required by this section, and the laws of 

17 the State or States in which the motor private carrier is 

18 operating, to the extent applicable. The amount of the fi19 nancial responsibility must be sufficient to pay, not more 

20 than the amount of the financial responsibility, for each 

21 final judgment against the motor private carrier for bodily 

22 injury to, or death of, an individual resulting from neg23 ligent operation, maintenance, or use of motor vehicles, 

24 or for loss or damage to property, or both.’’. 
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1 SEC. 113. INCREASED PENALTIES FOR OUT-OF-SERVICE 

2 VIOLATIONS AND FALSE RECORDS. 

3 (a) Section 521(b)(2)(B) is amended to read as fol4 lows: 

5 ‘‘(B) RECORDKEEPING AND REPORTING VIOLA6 TIONS.—A person required to make a report to the 

7 Secretary, answer a question, or make, prepare, or 

8 preserve a record under section 504 of this title or 

9 under any regulation issued by the Secretary pursu10 ant to subchapter III of chapter 311 (except sections 

11 31138 and 31139) or section 31502 of this title 

12 about transportation by motor carrier, motor carrier 

13 of migrant workers, or motor private carrier, or an 

14 officer, agent, or employee of that person—

15 ‘‘(i) who does not make that report, does 

16 not specifically, completely, and truthfully an17 swer that question in 30 days from the date the 

18 Secretary requires the question to be answered, 

19 or does not make, prepare, or preserve that 

20 record in the form and manner prescribed by 

21 the Secretary, shall be liable to the United 

22 States for a civil penalty in an amount not to 

23 exceed $1,000 for each offense, and each day of 

24 the violation shall constitute a separate offense, 

25 except that the total of all civil penalties as26 sessed against any violator for all offenses re-
36

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1 lated to any single violation shall not exceed 

2 $10,000; or 

3 ‘‘(ii) who knowingly falsifies, destroys, mu4 tilates, or changes a required report or record, 

5 knowingly files a false report with the Sec6 retary, knowingly makes or causes or permits to 

7 be made a false or incomplete entry in that 

8 record about an operation or business fact or 

9 transaction, or knowingly makes, prepares, or 

10 preserves a record in violation of a regulation or 

11 order of the Secretary, shall be liable to the 

12 United States for a civil penalty in an amount 

13 not to exceed $10,000 for each violation, if any 

14 such action can be shown to have misrepre15 sented a fact that constitutes a violation other 

16 than a reporting or recordkeeping violation.’’. 

17 (b) Section 31310(i)(2) is amended to read as fol18 lows: 

19 ‘‘(2) The Secretary shall prescribe regulations 

20 establishing sanctions and penalties related to viola21 tions of out-of-service orders by individuals oper22 ating commercial motor vehicles. The regulations 

23 shall require at least that—

24 ‘‘(A) an operator of a commercial motor 

25 vehicle found to have committed a first violation 
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1 of an out-of-service order shall be disqualified 

2 from operating such a vehicle for at least 180 

3 days and liable for a civil penalty of at least 

4 $2,500; 

5 ‘‘(B) an operator of a commercial motor 

6 vehicle found to have committed a second viola7 tion of an out-of-service order shall be disquali8 fied from operating such a vehicle for at least 

9 2 years and not more than 5 years and liable 

10 for a civil penalty of at least $5,000; 

11 ‘‘(C) an employer that knowingly allows or 

12 requires an employee to operate a commercial 

13 motor vehicle in violation of an out-of-service 

14 order shall be liable for a civil penalty of not 

15 more than $25,000; and 

16 ‘‘(D) an employer that knowingly and will17 fully allows or requires an employee to operate 

18 a commercial motor vehicle in violation of an 

19 out-of-service order shall, upon conviction, be 

20 subject for each offense to imprisonment for a 

21 term not to exceed 1 year or a fine under title 

22 18, United States Code, or both.’’. 
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1 SEC. 114. INTRASTATE OPERATIONS OF INTERSTATE 

2 MOTOR CARRIERS. 

3 (a) Subsection (a) of section 31144 is amended to 

4 read as follows: 

5 ‘‘(a) IN GENERAL.—The Secretary shall— 

6 ‘‘(1) determine whether an owner or operator is 

7 fit to operate safely commercial motor vehicles, uti8 lizing among other things the accident record of an 

9 owner or operator operating in interstate commerce 

10 and the accident record and safety inspection record 

11 of such owner or operator in operations that affect 

12 interstate commerce within the United States, and 

13 in Canada and Mexico if the owner or operator also 

14 conducts operations within the United States; 

15 ‘‘(2) periodically update such safety fitness de16 terminations; 

17 ‘‘(3) make such final safety fitness determina18 tions readily available to the public; and 

19 ‘‘(4) prescribe by regulation penalties for viola20 tions of this section consistent with section 521.’’. 

21 (b) Subsection (c) of section 31144 is amended by 

22 adding at the end the following: 

23 ‘‘(5) TRANSPORTATION AFFECTING INTER24 STATE COMMERCE.—Owners or operators of com25 mercial motor vehicles prohibited from operating in 

26 interstate commerce pursuant to paragraphs (1) 
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1 through (3) of this section may not operate any 

2 commercial motor vehicle that affects interstate 

3 commerce until the Secretary determines that such 

4 owner or operator is fit.’’. 

5 (c) Section 31144 is amended by redesignating sub6 sections (d), (e), and the second subsection (c) as sub7 sections (e), (f), and (g), respectively, and inserting after 

8 subsection (c) the following: 

9 ‘‘(d) DETERMINATION OF UNFITNESS BY A STATE.—

10 If a State that receives Motor Carrier Safety Assistance 

11 Program funds pursuant to section 31102 of this title de12 termines, by applying the standards prescribed by the Sec13 retary under subsection (b) of this section, that an owner 

14 or operator of commercial motor vehicles that has its prin15 cipal place of business in that State and operates in intra16 state commerce is unfit under such standards and pro17 hibits the owner or operator from operating such vehicles 

18 in the State, the Secretary shall prohibit the owner or op19 erator from operating such vehicles in interstate commerce 

20 until the State determines that the owner or operator is 

21 fit.’’. 
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1 SEC. 115. AUTHORITY TO STOP COMMERCIAL MOTOR VEHI2 CLES. 

3 (a) IN GENERAL.—Chapter 2 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 39. Commercial motor vehicles required to stop for 

7 inspections 

8 ‘‘(a) A driver of a commercial motor vehicle, as de9 fined in section 31132(1) of title 49, shall stop and submit 

10 to inspection of the vehicle, driver, cargo, and required 

11 records when directed to do so by an authorized employee 

12 of the Federal Motor Carrier Safety Administration, De13 partment of Transportation, at or in the vicinity of an in14 spection site. The driver shall not leave the inspection site 

15 until authorized to do so by an authorized employee. 

16 ‘‘(b) A driver of a commercial motor vehicle, as de17 fined in subsection (a), who knowingly fails to stop for 

18 inspection when directed to do so by an authorized em19 ployee of the Federal Motor Carrier Safety Administration 

20 at or in the vicinity of an inspection site, or leaves the 

21 inspection site without authorization, shall be fined under 

22 this title or imprisoned not more than 1 year, or both.’’. 

23 (b) AUTHORITY OF FMCSA.—Chapter 203 of title 

24 18, United States Code, is amended by adding at the end 

25 the following: 
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1 ‘‘§ 3064. Powers of Federal Motor Carrier Safety Ad2 ministration 

3 ‘‘Authorized employees of the Federal Motor Carrier 

4 Safety Administration may direct a driver of a commercial 

5 motor vehicle, as defined in 49 U.S.C. 31132(1), to stop 

6 for inspection of the vehicle, driver, cargo, and required 

7 records at or in the vicinity of an inspection site.’’. 

8 (c) CONFORMING AMENDMENTS.— 

9 (1) The chapter analysis for chapter 2 of title 

10 18, United States Code, is amended by inserting 

11 after the item relating to section 38 the following:

‘‘39. Commercial motor vehicles required to stop for inspections.’’.

12 (2) The chapter analysis for chapter 203 of title 

13 18, United States Code, is amended by inserting 

14 after the item relating to section 3063 the following:

‘‘3064. Powers of Federal Motor Carrier Safety Administration.’’.

15 SEC. 116. REVOCATION OF OPERATING AUTHORITY. 

16 Section 13905(e) is amended—

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

18 following: 

19 ‘‘(1) PROTECTION OF SAFETY.—Notwith20 standing subchapter II of chapter 5 of title 5, the 

21 Secretary—

22 ‘‘(A) may suspend the registration of a 

23 motor carrier, a freight forwarder, or a broker 

24 for failure to comply with requirements of the 
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1 Secretary pursuant to section 13904(c) or 

2 13906 of this title, or an order or regulation of 

3 the Secretary prescribed under those sections; 

4 and 

5 ‘‘(B) shall revoke the registration of a 

6 motor carrier that has been prohibited from op7 erating in interstate commerce for failure to 

8 comply with the safety fitness requirements of 

9 section 31144 of this title.’’; 

10 (2) by striking ‘‘may suspend a registration’’ in 

11 paragraph (2) and inserting ‘‘shall revoke the reg12 istration’’; and 

13 (3) by striking paragraph (3) and inserting the 

14 following: 

15 ‘‘(3) NOTICE; PERIOD OF SUSPENSION.—The 

16 Secretary may suspend or revoke under this sub17 section the registration only after giving notice of 

18 the suspension or revocation to the registrant. A 

19 suspension remains in effect until the registrant 

20 complies with the applicable sections or, in the case 

21 of a suspension under paragraph (2), until the Sec22 retary revokes the suspension.’’. 

23 SEC. 117. PATTERN OF SAFETY VIOLATIONS BY MOTOR 

24 CARRIER MANAGEMENT. 

25 (a) IN GENERAL.—Section 31135 is amended— 
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1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

2 ‘‘Each’’; and 

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

4 ‘‘(b) PATTERN OF NON-COMPLIANCE.—If an officer 

5 of a motor carrier engages in a pattern or practice of 

6 avoiding compliance, or masking or otherwise concealing 

7 non-compliance, with regulations on commercial motor ve8 hicle safety prescribed under this subchapter, the Sec9 retary may suspend, amend, or revoke any part of the 

10 motor carrier’s registration under section 13905 of this 

11 title. 

12 ‘‘(c) REGULATIONS.—Within 1 year after the date of 

13 enactment of the Motor Carrier Safety Reauthorization 

14 Act of 2005, the Secretary shall by regulation establish 

15 standards to implement subsection (b). 

16 ‘‘(d) DEFINITIONS.—In this section: 

17 ‘‘(1) MOTOR CARRIER.—The term ‘motor car18 rier’ has the meaning given the term in section 

19 13102(12) of this title. 

20 ‘‘(2) OFFICER.—The term ‘officer’ means an 

21 owner, director, chief executive officer, chief oper22 ating officer, chief financial officer, safety director, 

23 vehicle maintenance supervisor, and driver super24 visor of a motor carrier, regardless of the title at25 tached to those functions, and any person, however 
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1 designated, exercising controlling influence over the 

2 operations of the motor carrier.’’. 

3 (b) CROSS-REFERENCE.—Section 13902(a)(1)(B) is 

4 amended to read as follows: 

5 ‘‘(B) any safety regulations imposed by the Sec6 retary, the duties of employers and employees estab7 lished by the Secretary under section 31135, and the 

8 safety fitness requirements established by the Sec9 retary under section 31144; and’’. 

10 SEC. 118. MOTOR CARRIER RESEARCH AND TECHNOLOGY 

11 PROGRAM. 

12 (a) IN GENERAL.—Section 31108 is amended to read 

13 as follows: 

14 ‘‘§ 31108. Motor carrier research and technology pro15 gram 

16 ‘‘(a) RESEARCH, TECHNOLOGY, AND TECHNOLOGY

17 TRANSFER ACTIVITIES.— 

18 ‘‘(1) The Secretary of Transportation shall es19 tablish and carry out a motor carrier and motor 

20 coach research and technology program. The Sec21 retary may carry out research, development, tech22 nology, and technology transfer activities with re23 spect to—
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1 ‘‘(A) the causes of accidents, injuries and 

2 fatalities involving commercial motor vehicles; 

3 and 

4 ‘‘(B) means of reducing the number and 

5 severity of accidents, injuries and fatalities in6 volving commercial motor vehicles. 

7 ‘‘(2) The Secretary may test, develop, or assist 

8 in testing and developing any material, invention, 

9 patented article, or process related to the research 

10 and technology program. 

11 ‘‘(3) The Secretary may use the funds appro12 priated to carry out this section for training or edu13 cation of commercial motor vehicle safety personnel, 

14 including, but not limited to, training in accident re15 construction and detection of controlled substances 

16 or other contraband, and stolen cargo or vehicles. 

17 ‘‘(4) The Secretary may carry out this sec18 tion— 

19 ‘‘(A) independently; 

20 ‘‘(B) in cooperation with other Federal de21 partments, agencies, and instrumentalities and 

22 Federal laboratories; or 

23 ‘‘(C) by making grants to, or entering into 

24 contracts, cooperative agreements, and other 

25 transactions with, any Federal laboratory, State 
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1 agency, authority, association, institution, for2 profit or non-profit corporation, organization, 

3 foreign country, or person. 

4 ‘‘(5) The Secretary shall use funds made avail5 able to carry out this section to develop, administer, 

6 communicate, and promote the use of products of re7 search, technology, and technology transfer pro8 grams under this section. 

9 ‘‘(b) COLLABORATIVE RESEARCH AND DEVELOP10 MENT.— 

11 ‘‘(1) To advance innovative solutions to prob12 lems involving commercial motor vehicle and motor 

13 carrier safety, security, and efficiency, and to stimu14 late the deployment of emerging technology, the Sec15 retary may carry out, on a cost-shared basis, col16 laborative research and development with— 

17 ‘‘(A) non-Federal entities, including State 

18 and local governments, foreign governments, 

19 colleges and universities, corporations, institu20 tions, partnerships, and sole proprietorships 

21 that are incorporated or established under the 

22 laws of any State; and 

23 ‘‘(B) Federal laboratories. 

24 ‘‘(2) In carrying out this subsection, the Sec25 retary may enter into cooperative research and de-
47

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1 velopment agreements (as defined in section 12 of 

2 the Stevenson-Wydler Technology Innovation Act of 

3 1980 (15 U.S.C. 3710a)). 

4 ‘‘(3)(A) The Federal share of the cost of activi5 ties carried out under a cooperative research and de6 velopment agreement entered into under this sub7 section shall not exceed 50 percent, except that if 

8 there is substantial public interest or benefit, the 

9 Secretary may approve a greater Federal share. 

10 ‘‘(B) All costs directly incurred by the non-Fed11 eral partners, including personnel, travel, and hard12 ware or software development costs, shall be credited 

13 toward the non-Federal share of the cost of the ac14 tivities described in subparagraph (A). 

15 ‘‘(4) The research, development, or use of a 

16 technology under a cooperative research and develop17 ment agreement entered into under this subsection, 

18 including the terms under which the technology may 

19 be licensed and the resulting royalties may be dis20 tributed, shall be subject to the Stevenson-Wydler 

21 Technology Innovation Act of 1980 (15 U.S.C. 3701 

22 et seq.). 

23 ‘‘(c) AVAILABILITY OF AMOUNTS.—The amounts 

24 made available under section 103(a) of the Motor Carrier 
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1 Safety Reauthorization Act of 2005 to carry out this sec2 tion shall remain available until expended. 

3 ‘‘(d) CONTRACT AUTHORITY.—Approval by the Sec4 retary of a grant with funds made available under section 

5 103(a) of the Motor Carrier Safety Reauthorization Act 

6 of 2005 to carry out this section imposes upon the United 

7 States Government a contractual obligation for payment 

8 of the Government’s share of costs incurred in carrying 

9 out the objectives of the grant.’’. 

10 (b) CONFORMING AMENDMENT.—The chapter anal11 ysis for chapter 311 is amended by striking the item relat12 ing to section 31108, and inserting the following:

‘‘31108. Motor carrier research and technology program.’’.

13 SEC. 119. INTERNATIONAL COOPERATION. 

14 (a) IN GENERAL.—Chapter 311 is amended by in15 serting at the end the following: 

16 ‘‘Subchapter IV—Miscellaneous 

17 ‘‘§ 31161. International cooperation 

18 ‘‘The Secretary is authorized to use funds appro19 priated under section 31104(i) of this title to participate 

20 and cooperate in international activities to enhance motor 

21 carrier, commercial motor vehicle, driver, and highway 

22 safety by such means as exchanging information, con23 ducting research, and examining needs, best practices, and 

24 new technology.’’. 
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1 (b) CLERICAL AMENDMENT.—The chapter analysis 

2 for chapter 311 is amended by adding at the end the fol3 lowing:

‘‘SUBCHAPTER IV—MISCELLANEOUS 

‘‘31161. International cooperation.’’.

4 SEC. 120. PERFORMANCE AND REGISTRATION INFORMA5 TION SYSTEM MANAGEMENT. 

6 (a) IN GENERAL.—Section 31106(b) is amended—

7 (1) by striking paragraphs (2) and (3) and in8 serting the following: 

9 ‘‘(2) DESIGN.—The program shall link Federal 

10 motor carrier safety information systems with State 

11 commercial vehicle registration and licensing systems 

12 and shall be designed to enable a State to—

13 ‘‘(A) determine the safety fitness of a 

14 motor carrier or registrant when licensing or 

15 registering the registrant or motor carrier or 

16 while the license or registration is in effect; and 

17 ‘‘(B) deny, suspend, or revoke the commer18 cial motor vehicle registrations of a motor car19 rier or registrant that has been issued an oper20 ations out-of-service order by the Secretary. 

21 ‘‘(3) CONDITIONS FOR PARTICIPATION.—The 

22 Secretary shall require States, as a condition of par23 ticipation in the program, to— 
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1 ‘‘(A) comply with the uniform policies, pro2 cedures, and technical and operational stand3 ards prescribed by the Secretary under sub4 section (a)(4); 

5 ‘‘(B) possess the authority to impose sanc6 tions relating to commercial motor vehicle reg7 istration on the basis of a Federal safety fitness 

8 determination; and 

9 ‘‘(C) cancel the motor vehicle registration 

10 and seize the registration plates of an employer 

11 found liable under section 31310(i)(2)(C) of 

12 this title for knowingly allowing or requiring an 

13 employee to operate a commercial motor vehicle 

14 in violation of an out-of-service order.’’; and 

15 (2) by striking paragraph (4). 

16 (b) PERFORMANCE AND REGISTRATION INFORMA17 TION SYSTEM MANAGEMENT GRANTS.— 

18 (1) Subchapter I of chapter 311, as amended 

19 by this title, is further amended by adding at the 

20 end the following: 

21 ‘‘§ 31109. Performance and Registration Information 

22 System Management 

23 ‘‘(a) IN GENERAL.—From the funds authorized by 

24 section 103(b)(2) of the Motor Carrier Safety Reauthor25 ization Act of 2005, the Secretary may make a grant in 
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1 a fiscal year to a State to implement the performance and 

2 registration information system management require3 ments of section 31106(b). 

4 ‘‘(b) AVAILABILITY OF AMOUNTS.—Amounts made 

5 available to a State under section 103(b)(2) of the Motor 

6 Carrier Safety Reauthorization Act of 2005 to carry out 

7 this section shall remain available until expended. 

8 ‘‘(c) SECRETARY’S APPROVAL.—Approval by the Sec9 retary of a grant to a State under section 103(b)(2) of 

10 the Motor Carrier Safety Reauthorization Act of 2005 to 

11 carry out this section is a contractual obligation of the 

12 Government for payment of the amount of the grant.’’. 

13 (2) CONFORMING AMENDMENT.—The chapter 

14 analysis for chapter 311 is amended by inserting 

15 after the item relating to section 31108 the fol16 lowing:

‘‘31109. Performance and Registration Information System Management.’’.

17 SEC. 121. COMMERCIAL VEHICLE INFORMATION SYSTEMS 

18 AND NETWORKS DEPLOYMENT. 

19 (a) IN GENERAL.—Subchapter III of chapter 311, as 

20 amended by section 110, is amended by adding at the end 

21 the following: 
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1 ‘‘§ 31151. Commercial vehicle information systems 

2 and networks 

3 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 

4 commercial vehicle information systems and networks pro5 gram to—

6 ‘‘(1) improve the safety and productivity of 

7 commercial vehicles; and 

8 ‘‘(2) reduce costs associated with commercial 

9 vehicle operations and Federal and State commercial 

10 vehicle regulatory requirements. 

11 ‘‘(b) PURPOSE.—The program shall advance the 

12 technological capability and promote the deployment of in13 telligent transportation system applications for commer14 cial vehicle operations, including commercial vehicle, com15 mercial driver, and carrier-specific information systems 

16 and networks. 

17 ‘‘(c) CORE DEPLOYMENT GRANTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall make 

19 grants to eligible States for the core deployment of 

20 commercial vehicle information systems and net21 works. 

22 ‘‘(2) ELIGIBILITY.—To be eligible for a core de23 ployment grant under this section, a State—

24 ‘‘(A) shall have a commercial vehicle infor25 mation systems and networks program plan and 

26 a system design approved by the Secretary; 
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1 ‘‘(B) shall certify to the Secretary that its 

2 commercial vehicle information systems and 

3 networks deployment activities, including hard4 ware procurement, software and system devel5 opment, and infrastructure modifications, are 

6 consistent with the national intelligent transpor7 tation systems and commercial vehicle informa8 tion systems and networks architectures and 

9 available standards, and promote interoper10 ability and efficiency to the extent practicable; 

11 and 

12 ‘‘(C) shall agree to execute interoperability 

13 tests developed by the Federal Motor Carrier 

14 Safety Administration to verify that its systems 

15 conform with the national intelligent transpor16 tation systems architecture, applicable stand17 ards, and protocols for commercial vehicle infor18 mation systems and networks. 

19 ‘‘(3) AMOUNT OF GRANTS.—The maximum ag20 gregate amount a State may receive under this sec21 tion for the core deployment of commercial vehicle 

22 information systems and networks may not exceed 

23 $2,500,000. 

24 ‘‘(4) USE OF FUNDS.—Funds from a grant 

25 under this subsection may only be used for the core 
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1 deployment of commercial vehicle information sys2 tems and networks. Eligible States that have either 

3 completed the core deployment of commercial vehicle 

4 information systems and networks or completed such 

5 deployment before core deployment grant funds are 

6 expended may use the remaining core deployment 

7 grant funds for the expanded deployment of com8 mercial vehicle information systems and networks in 

9 their State. 

10 ‘‘(d) EXPANDED DEPLOYMENT GRANTS.— 

11 ‘‘(1) IN GENERAL.—For each fiscal year, from 

12 the funds remaining after the Secretary has made 

13 core deployment grants under subsection (c) of this 

14 section, the Secretary may make grants to each eli15 gible State, upon request, for the expanded deploy16 ment of commercial vehicle information systems and 

17 networks. 

18 ‘‘(2) ELIGIBILITY.—Each State that has com19 pleted the core deployment of commercial vehicle in20 formation systems and networks is eligible for an ex21 panded deployment grant. 

22 ‘‘(3) AMOUNT OF GRANTS.—Each fiscal year, 

23 the Secretary may distribute funds available for ex24 panded deployment grants equally among the eligible 

25 States, but not to exceed $1,000,000 per State. 
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1 ‘‘(4) USE OF FUNDS.—A State may use funds 

2 from a grant under this subsection only for the ex3 panded deployment of commercial vehicle informa4 tion systems and networks. 

5 ‘‘(e) FEDERAL SHARE.—The Federal share of the 

6 cost of a project payable from funds made available to 

7 carry out this section shall not exceed 50 percent. The 

8 total Federal share of the cost of a project payable from 

9 all eligible sources shall not exceed 80 percent. 

10 ‘‘(f) AVAILABILITY OF FUNDS.—Funds authorized to 

11 be appropriated under section 103(b)(4) of the Motor Car12 rier Safety Reauthorization Act of 2005 shall be available 

13 for obligation in the same manner and to the same extent 

14 as if such funds were apportioned under chapter 1 of title 

15 23, United States Code, except that such funds shall re16 main available until expended. 

17 ‘‘(g) DEFINITIONS.—In this section: 

18 ‘‘(1) COMMERCIAL VEHICLE INFORMATION SYS19 TEMS AND NETWORKS.—The term ‘commercial vehi20 cle information systems and networks’ means the in21 formation systems and communications networks 

22 that provide the capability to—

23 ‘‘(A) improve the safety of commercial ve24 hicle operations; 
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1 ‘‘(B) increase the efficiency of regulatory 

2 inspection processes to reduce administrative 

3 burdens by advancing technology to facilitate 

4 inspections and increase the effectiveness of en5 forcement efforts; 

6 ‘‘(C) advance electronic processing of reg7 istration information, driver licensing informa8 tion, fuel tax information, inspection and crash 

9 data, and other safety information; 

10 ‘‘(D) enhance the safe passage of commer11 cial vehicles across the United States and 

12 across international borders; and 

13 ‘‘(E) promote the communication of infor14 mation among the States and encourage 

15 multistate cooperation and corridor develop16 ment. 

17 ‘‘(2) COMMERCIAL VEHICLE OPERATIONS.—The 

18 term ‘commercial vehicle operations’— 

19 ‘‘(A) means motor carrier operations and 

20 motor vehicle regulatory activities associated 

21 with the commercial movement of goods, includ22 ing hazardous materials, and passengers; and 

23 ‘‘(B) with respect to the public sector, in24 cludes the issuance of operating credentials, the 

25 administration of motor vehicle and fuel taxes, 
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1 and roadside safety and border crossing inspec2 tion and regulatory compliance operations. 

3 ‘‘(3) CORE DEPLOYMENT.—The term ‘core de4 ployment’ means the deployment of systems in a 

5 State necessary to provide the State with the fol6 lowing capabilities: 

7 ‘‘(A) SAFETY INFORMATION EXCHANGE.—

8 Safety information exchange to—

9 ‘‘(i) electronically collect and transmit 

10 commercial vehicle and driver inspection 

11 data at a majority of inspection sites; 

12 ‘‘(ii) connect to the Safety and Fit13 ness Electronic Records system for access 

14 to interstate carrier and commercial vehicle 

15 data, summaries of past safety perform16 ance, and commercial vehicle credentials 

17 information; and 

18 ‘‘(iii) exchange carrier data and com19 mercial vehicle safety and credentials infor20 mation within the State and connect to 

21 Safety and Fitness Electronic Records for 

22 access to interstate carrier and commercial 

23 vehicle data. 
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1 ‘‘(B) INTERSTATE CREDENTIALS ADMINIS2 TRATION.—Interstate credentials administration 

3 to—

4 ‘‘(i) perform end-to-end processing, 

5 including carrier application, jurisdiction 

6 application processing, and credential 

7 issuance, of at least the International Reg8 istration Plan and International Fuel Tax 

9 Agreement credentials and subsequently 

10 extend this processing to other credentials, 

11 including intrastate, titling, oversize/over12 weight, carrier registration, and hazardous 

13 materials; 

14 ‘‘(ii) connect to the International Reg15 istration Plan and International Fuel Tax 

16 Agreement clearinghouses; and 

17 ‘‘(iii) have at least 10 percent of the 

18 transaction volume handled electronically, 

19 and have the capability to add more car20 riers and to extend to branch offices where 

21 applicable. 

22 ‘‘(C) ROADSIDE SCREENING.—Roadside 

23 electronic screening to electronically screen 

24 transponder-equipped commercial vehicles at a 
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1 minimum of 1 fixed or mobile inspection sites 

2 and to replicate this screening at other sites. 

3 ‘‘(4) EXPANDED DEPLOYMENT.—The term ‘ex4 panded deployment’ means the deployment of sys5 tems in a State that exceed the requirements of an 

6 core deployment of commercial vehicle information 

7 systems and networks, improve safety and the pro8 ductivity of commercial vehicle operations, and en9 hance transportation security.’’. 

10 (b) CONFORMING AMENDMENT.—The chapter anal11 ysis for chapter 311 is amended by inserting after the item 

12 relating to section 31150 the following:

‘‘31151. Commercial vehicle information systems and networks.’’.

13 SEC. 122. OUTREACH AND EDUCATION. 

14 (a) IN GENERAL.—The Secretary of Transportation, 

15 through the National Highway Traffic Safety Administra16 tion and the Federal Motor Carrier Safety Administration, 

17 may undertake outreach and education initiatives, includ18 ing the ‘‘Share the Road Safely’’ program, that will reduce 

19 the number of highway accidents, injuries, and fatalities 

20 involving commercial motor vehicles. 

21 (b) STUDY.—The Comptroller General shall evaluate 

22 the ‘‘Share the Road Safely’’ program to determine if it 

23 has achieved reductions in the number and severity of 

24 commercial motor vehicle crashes, including reductions in 

25 the number of deaths and the severity of injuries sustained 
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1 in these crashes, and shall report its findings to Congress 

2 no later than June 30, 2006. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary for 

5 each of fiscal years 2006 through 2009 to carry out this 

6 section—

7 (1) $1,000,000 for the Federal Motor Carrier 

8 Safety Administration; and 

9 (2) $3,000,000 for the National Highway Traf10 fic Safety Administration. 

11 SEC. 123. FOREIGN COMMERCIAL MOTOR VEHICLES. 

12 (a) OPERATING AUTHORITY ENFORCEMENT ASSIST13 ANCE FOR STATES.—Within 180 days after the date of 

14 enactment of this Act, the Federal Motor Carrier Safety 

15 Administration shall conduct outreach and provide train16 ing as necessary to State personnel engaged in the en17 forcement of Federal Motor Carrier Safety Administration 

18 safety regulations to ensure their awareness of the process 

19 to be used for verification of the operating authority of 

20 motor carriers, including buses, and to ensure proper en21 forcement when motor carriers are found to be in violation 

22 of operating authority requirements. The Inspector Gen23 eral of the Department of Transportation may periodically 

24 assess the implementation and effectiveness of the training 

25 and outreach program. 
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1 (b) STUDY OF FOREIGN COMMERCIAL MOTOR VEHI2 CLES.—

3 (1) REVIEW.—Within 1 year after the date of 

4 enactment of this Act, the Federal Motor Carrier 

5 Safety Administration shall conduct a review to de6 termine the degree to which Canadian and Mexican 

7 commercial motor vehicles, including buses, cur8 rently operating or expected to operate, in the 

9 United States comply with the Federal Motor Vehi10 cle Safety Standards. 

11 (2) REPORTS.—Within 1 year after the date of 

12 enactment of this Act, the Adminstrator shall trans13 mit a report to the Senate Committee on Commerce, 

14 Science, and Transportation and the House of Rep15 resentatives Committee on Transportation and In16 frastructure containing the findings and conclusions 

17 of the review. Within 4 months after the report is 

18 transmitted to the Committees, the Inspector Gen19 eral of the Department of Transportation shall pro20 vide comments and observations to the Committees 

21 on the scope and methodology of the review. 

22 SEC. 124. PRE-EMPLOYMENT SAFETY SCREENING. 

23 (a) IN GENERAL.—Subchapter III of chapter 311, as 

24 amended by section 121, is amended by adding at the end 

25 the following: 
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1 ‘‘§ 31152. Pre-employment safety screening 

2 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

3 shall provide companies conducting pre-employment 

4 screening services for the motor carrier industry electronic 

5 access to—

6 ‘‘(1) commercial motor vehicle accident report 

7 information contained in the Motor Carrier Manage8 ment Information System; and 

9 ‘‘(2) all driver safety violations contained in the 

10 Motor Carrier Management Information System. 

11 ‘‘(b) ESTABLISHMENT.—Prior to making information 

12 available to such companies under subsection (a), the Sec13 retary shall—

14 ‘‘(1) ensure that any information released is 

15 done in accordance with the Fair Credit Reporting 

16 Act (15 U.S.C. 1681 et seq.) and all applicable Fed17 eral laws; 

18 ‘‘(2) require the driver applicant’s written con19 sent as a condition of releasing the information; 

20 ‘‘(3) ensure that the information made available 

21 to companies providing pre-employment screening 

22 services is not released to any other unauthorized 

23 company or individual, unless expressly authorized 

24 or required by law; and 

25 ‘‘(4) provide a procedure for drivers to remedy 

26 incorrect information in a timely manner. 
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1 ‘‘(c) DESIGN.—To be eligible to have access to infor2 mation under subsection (a), a company conducting pre3 employment screening services for the motor carrier indus4 try shall utilize a screening process—

5 ‘‘(1) that is designed to assist the motor carrier 

6 industry in assessing an individual driver’s crash 

7 and safety violation history as a pre-employment 

8 condition; 

9 ‘‘(2) the use of which is not mandatory; and 

10 ‘‘(3) which is used only during the pre-employ11 ment assessment of a driver-applicant.’’. 

12 (b) CONFORMING AMENDMENT.—The chapter anal13 ysis for chapter 311, as amended by section 121, is 

14 amended by inserting after the item relating to section 

15 31151 the following:

‘‘31152. Pre-employment safety screening.’’.

16 SEC. 125. OFFICE OF INTERMODALISM. 

17 (a) IN GENERAL.—Section 5503 is amended—

18 (1) by inserting ‘‘Amounts reserved under sec19 tion 5504(d) not awarded to States as grants may 

20 be used by the Director to provide technical assist21 ance under this subsection.’’ after ‘‘organizations.’’ 

22 in subsection (e); 

23 (2) by redesignating subsection (f) as sub24 section (h), and inserting after subsection (e) the 

25 following: 
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1 ‘‘(f) National Intermodal System Improvement 

2 Plan—

3 ‘‘(1) IN GENERAL.—The Director, in consulta4 tion with the advisory board established under sec5 tion 5502 of this title and other public and private 

6 transportation interests, shall develop a plan to im7 prove the national intermodal transportation system. 

8 The plan shall include—

9 ‘‘(A) an assessment and forecast of the na10 tional intermodal transportation system’s im11 pact on mobility, safety, energy consumption, 

12 the environment, technology, international 

13 trade, economic activity, and quality of life in 

14 the United States; 

15 ‘‘(B) an assessment of the operational and 

16 economic attributes of each passenger and 

17 freight mode of transportation and the optimal 

18 role of each mode in the national intermodal 

19 transportation system; 

20 ‘‘(C) a description of recommended inter21 modal and multi-modal research and develop22 ment projects; 

23 ‘‘(D) a description of emerging trends that 

24 have an impact on the national intermodal 

25 transportation system; 
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1 ‘‘(E) recommendations for improving inter2 modal policy, transportation decisionmaking, 

3 and financing to maximize mobility and the re4 turn on investment of Federal spending on 

5 transportation; 

6 ‘‘(F) an estimate of the impact of current 

7 Federal and State transportation policy on the 

8 national intermodal transportation system; and 

9 ‘‘(G) specific near and long-term goals for 

10 the national intermodal transportation system. 

11 ‘‘(2) PROGRESS REPORTS.—The Director shall 

12 submit an initial report on the plan to improve the 

13 national intermodal transportation system 2 years 

14 after the date of enactment of the Surface Transpor15 tation Safety Improvement Act of 2005, and a fol16 low-up report 2 years after that, to the Senate Com17 mittee on Commerce, Science, and Transportation 

18 and the House of Representatives Committee on 

19 Transportation and Infrastructure. The progress re20 port shall—

21 ‘‘(A) describe progress made toward 

22 achieving the plan’s goals; 

23 ‘‘(B) describe challenges and obstacles to 

24 achieving the plan’s goals; 
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1 ‘‘(C) update the plan to reflect changed 

2 circumstances or new developments; and 

3 ‘‘(D) make policy and legislative rec4 ommendations the Director believes are nec5 essary and appropriate to achieve the goals of 

6 the plan. 

7 ‘‘(3) PLAN DEVELOPMENT FUNDING.—Such 

8 sums as may be necessary from the administrative 

9 expenses of the Research and Innovative Technology 

10 Administration shall be reserved each year for the 

11 purpose of completing and updating the plan to im12 prove the national intermodal transportation plan. 

13 ‘‘(g) IMPACT MEASUREMENT METHODOLOGY; IM14 PACT REVIEW.—The Director and the Director of the Bu15 reau of Transportation Statistics shall jointly—

16 ‘‘(1) develop, in consultation with the modal ad17 ministrations, and State and local planning organi18 zations, common measures to compare transpor19 tation investment decisions across the various modes 

20 of transportation; and 

21 ‘‘(2) formulate a methodology for measuring 

22 the impact of intermodal transportation on—

23 ‘‘(A) the environment; 

24 ‘‘(B) public health and welfare; 

25 ‘‘(C) energy consumption; 
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1 ‘‘(D) the operation and efficiency of the 

2 transportation system; 

3 ‘‘(E) congestion, including congestion at 

4 the Nation’s ports; and 

5 ‘‘(F) the economy and employment.’’. 

6 SEC. 126. DECALS. 

7 The Commercial Vehicle Safety Alliance may not re8 strict the sale of any inspection decal to the Federal Motor 

9 Carrier Safety Administration unless the Administration 

10 fails to meet its responsibilities under its memorandum of 

11 understanding with the Alliance (other than a failure due 

12 to the Administration’s compliance with Federal law).

13 SEC. 127. ROADABILITY. 

14 (a) INSPECTION, REPAIR AND MAINTENANCE OF

15 INTERMODAL EQUIPMENT.—

16 (1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of this Act, the Secretary, 

18 after providing notice and opportunity for comment, 

19 shall issue regulations establishing a program to en20 sure that intermodal equipment used to transport 

21 intermodal containers is safe and systematically 

22 maintained. 

23 (2) INTERMODAL EQUIPMENT SAFETY REGULA24 TIONS.—The Secretary shall promulgate regulations 

25 under this section as a subpart of the regulations of 
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1 the Federal Motor Carrier Safety Administration of 

2 the Department of Transportation. 

3 (3) CONTENTS.—The regulations issued under 

4 this section shall include, at a minimum—

5 (A) a requirement to identify intermodal 

6 equipment providers responsible for the inspec7 tion and maintenance of intermodal equipment 

8 that is interchanged or intended for interchange 

9 to motor carriers in intermodal transportation; 

10 (B) a requirement to match intermodal 

11 equipment readily to an intermodal equipment 

12 provider through a unique identifying number; 

13 (C) a requirement that an intermodal 

14 equipment provider identified under the require15 ment of subparagraph (A) systematically in16 spect, repair, and maintain, or cause to be sys17 tematically inspected, repaired, and maintained, 

18 intermodal equipment described in subpara19 graph (A) that is intended for interchange with 

20 a motor carrier; 

21 (D) a requirement to ensure that each 

22 intermodal equipment provider identified under 

23 the requirement of subparagraph (A) maintains 

24 a system of maintenance and repair records for 

25 such equipment; 
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1 (E) requirements that—

2 (i) a specific list of intermodal equip3 ment components or items be identified for 

4 the visual or audible inspection of which a 

5 driver is responsible before operating the 

6 equipment over the road; and 

7 (ii) the inspection be conducted as 

8 part of a Federal requirement that a driver 

9 be satisfied that the components are in 

10 good working order before operating the 

11 equipment over the road; 

12 (F) a requirement that a facility at which 

13 an intermodal equipment provider regularly 

14 makes equipment available for interchange have 

15 an operational process and space readily avail16 able for a motor carrier to have an equipment 

17 defect identified pursuant to subparagraph (E) 

18 repaired or the equipment replaced prior to de19 parture; 

20 (G) a provision that establishes a program 

21 for the evaluation and audit of compliance by 

22 intermodal equipment providers with applicable 

23 Federal Motor Carrier Safety Administration 

24 regulations; 

25 (H) a provision that—
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1 (i) establishes a civil penalty structure 

2 consistent with section 521(b) of title 49, 

3 United States Code, for intermodal equip4 ment providers that fail to attain satisfac5 tory compliance with applicable regula6 tions; and 

7 (ii) prohibits intermodal equipment 

8 providers from placing intermodal equip9 ment in service on the public highways to 

10 the extent such providers or their equip11 ment are found to pose an imminent haz12 ard; 

13 (I) a provision that establishes a process 

14 by which motor carriers and agents of motor 

15 carriers may request the Federal Motor Carrier 

16 Safety Administration to undertake an inves17 tigation of an intermodal equipment provider 

18 identified under the requirement of subpara19 graph (A) that is alleged to be not in compli20 ance with the regulations established pursuant 

21 to this section; 

22 (J) a provision that establishes a process 

23 by which equipment providers and agents of 

24 equipment providers may request the Federal 

25 Motor Carrier Safety Administration to under-
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1 take an investigation of a motor carrier that is 

2 alleged to be not in compliance with applicable 

3 Federal motor carrier safety regulations; 

4 (K) a provision that establishes a process 

5 by which drivers or motor carriers are required 

6 to report any actual damage or defect in the 

7 intermodal equipment of which the driver or 

8 motor carrier is aware at the time the inter9 modal equipment is returned to the equipment 

10 provider; 

11 (L) a requirement that any actual damage 

12 or defect identified in the process established 

13 under subparagraph (K) be repaired before the 

14 equipment is made available for interchange to 

15 a motor carrier, and that repairs of equipment 

16 made pursuant to the requirements of this sub17 paragraph and reports made pursuant to sub18 paragraph (K) process be documented in the 

19 maintenance records for such equipment; and 

20 (M) a procedure under which motor car21 riers, drivers and intermodal equipment pro22 viders may seek correction of their safety 

23 records through the deletion from those records 

24 of violations of safety regulations attributable to 

25 deficiencies in the intermodal chassis or trailer 
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1 for which they should not have been held re2 sponsible. 

3 (4) DEADLINE FOR RULEMAKING PRO4 CEEDING.—Within 120 days after the date of enact5 ment of this Act, the Secretary shall initiate a rule6 making proceeding for regulations under this sec7 tion. 

8 (b) JURISDICTION OF DEPARTMENT OF TRANSPOR9 TATION.—Section 31136 is amended by adding at the end 

10 the following: 

11 ‘‘(g) INSPECTION, REPAIR, AND MAINTENANCE OF

12 INTERMODAL EQUIPMENT.—The Secretary or an em13 ployee of the Department of Transportation designated by 

14 the Secretary may inspect intermodal equipment, and copy 

15 related maintenance and repair records for such equip16 ment, on demand and display of proper credentials. 

17 ‘‘(h) OUT-OF-SERVICE UNTIL REPAIR.—Any inter18 modal equipment that is determined under this section to 

19 fail to comply with applicable safety regulations shall be 

20 taken out of service and may not be used on a public high21 way until the repairs necessary to bring such equipment 

22 into compliance have been completed. Repairs of equip23 ment taken out of service shall be documented in the 

24 maintenance records for such equipment.’’. 

25 (c) PREEMPTION OF STATE LAWS.—
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1 (1) IN GENERAL.—Section 31141 is amended 

2 by adding at the end the following: 

3 ‘‘(h) PREEMPTION GENERALLY.—Except as other4 wise authorized by law and as provided in subsection (i), 

5 a law, regulation, order, or other requirement of a State, 

6 a political subdivision of a State, or a tribal organization, 

7 is preempted if such law, regulation, order, or other re8 quirement exceeds or is inconsistent with a requirement 

9 imposed under or pursuant to this chapter. 

10 ‘‘(i) PRE-EXISTING STATE REQUIREMENTS.—

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), a State requirement for the periodic in13 spection of intermodal chassis by intermodal equip14 ment providers that was in effect on January 1, 

15 2005, shall remain in effect only until the date on 

16 which requirements prescribed under section 127 of 

17 the Surface Transportation Safety Improvement Act 

18 of 2005 take effect. 

19 ‘‘(2) NON-PREEMPTION DETERMINATIONS.—

20 ‘‘(A) IN GENERAL.—A State requirement 

21 described in paragraph (1) is not preempted by 

22 a Federal requirement prescribed under section 

23 127 of that Act if the Secretary determines that 

24 the State requirement is as effective as the 
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1 Federal requirement and does not unduly bur2 den interstate commerce. 

3 ‘‘(B) APPLICATION REQUIRED.—Subpara4 graph (A) applies to a State requirement only 

5 if the State applies to the Secretary for a deter6 mination under this paragraph with respect to 

7 the requirement before the date on which re8 quirements prescribed under section 127 of that 

9 Act take effect. The Secretary shall make a de10 termination with respect to any such applica11 tion within 6 months after the date on which 

12 the Secretary receives the application. 

13 ‘‘(C) AMENDED STATE REQUIREMENTS.—

14 Any amendment to a State requirement not 

15 preempted under this subsection because of a 

16 determination by the Secretary under subpara17 graph (A) may not take effect unless—

18 ‘‘(i) it is submitted to the Secretary 

19 before the effective date of the amendment; 

20 and 

21 ‘‘(ii) the Secretary determines that 

22 the amendment would not cause the State 

23 requirement to be less effective than the 

24 Federal requirement and would not unduly 

25 burden interstate commerce.’’. 
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1 (2) CONFORMING AMENDMENT.—Section 

2 31141(c)(1) is amended by striking ‘‘The Secretary’’ 

3 the first place it appears and inserting ‘‘Except as 

4 provided by subsection (h), the Secretary’’. 

5 (d) DEFINITIONS.—In this section: 

6 (1) INTERMODAL EQUIPMENT.—The term 

7 ‘‘intermodal equipment’’ means trailing equipment 

8 that is used in the intermodal transportation of 

9 freight over public highways in interstate commerce 

10 (as defined in section 31132 of title 49, United 

11 States Code), including trailers and chassis. 

12 (2) INTERMODAL EQUIPMENT INTERCHANGE

13 AGREEMENT.—The term ‘‘Intermodal equipment 

14 interchange agreement’’ means the Uniform Inter15 modal Interchange and Facilities Access Agreement 

16 or any other written document executed by an inter17 modal equipment provider or its agent and a motor 

18 carrier or its agent, the primary purpose of which is 

19 to establish the responsibilities and liabilities of both 

20 parties with respect to the interchange of the inter21 modal equipment. 

22 (3) INTERMODAL EQUIPMENT PROVIDER.—The 

23 term ‘‘intermodal equipment provider’’ means any 

24 person that interchanges intermodal equipment with 

25 a motor carrier pursuant to a written interchange 
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1 agreement or has a contractual responsibility for the 

2 maintenance of the intermodal equipment. 

3 (4) INTERCHANGE.—The term ‘‘interchange’’—

4 (A) means the act of providing intermodal 

5 equipment to a motor carrier pursuant to an 

6 Intermodal equipment interchange agreement 

7 for the purpose of transporting the equipment 

8 for loading or unloading by any person or repo9 sitioning the equipment for the benefit of the 

10 equipment provider; but 

11 (B) does not include the leasing of equip12 ment to a motor carrier for primary use in the 

13 motor carrier’s freight hauling operations. 

14 SEC. 128. MOTOR CARRIER REGULATIONS. 

15 (a) IN GENERAL.—Section 31149 (as transferred by 

16 section 108(d)) is amended—

17 (1) by striking paragraph (1) of subsection (a) 

18 and inserting the following: 

19 ‘‘(1) TRANSPORTATION OF AGRICULTURAL COM20 MODITIES AND FARM SUPPLIES.—Regulations pre21 scribed by the Secretary under sections 31136 and 

22 31502 of this title regarding maximum driving and 

23 on-duty time for drivers used by motor carriers shall 

24 not apply during planting and harvest periods, as 

25 determined by each State, to drivers transporting 
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1 agricultural commodities or farm supplies for agri2 cultural purposes in a State if such transportation 

3 is limited to an area within a 100 air mile radius 

4 from the source of the commodities or the distribu5 tion point for the farm supplies.’’; 

6 (2) by adding at the end of subsection (e) the 

7 following: 

8 ‘‘(7) AGRICULTURAL COMMODITY.—The term 

9 ‘agricultural commodity’ means any agricultural 

10 commodity, non-processed food, feed, fiber, or live11 stock (including livestock as defined in section 602 

12 of the Emergency Livestock Feed Assistance Act of 

13 1988 (7 U.S.C. 1471) and insects). 

14 ‘‘(8) FARM SUPPLIES FOR AGRICULTURAL PUR15 POSES.—The term ‘farm supplies for agricultural 

16 purposes’ means products directly related to the 

17 growing or harvesting of agricultural commodities 

18 during the planting and harvesting seasons within 

19 each State, as determined by the State, and livestock 

20 feed at any time of the year.’’. 

21 (b) REGULATIONS FOR MOVIE PRODUCTION

22 SITES.—Notwithstanding sections 31136 and 31502 of 

23 title 49, United States Code, and any other provision of 

24 law, the maximum daily hours of service for an operator 

25 of a commercial motor vehicle providing transportation of 
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1 property or passengers to or from a theatrical or television 

2 motion picture production site located within a 100 air 

3 mile radius of the work reporting location of such operator 

4 shall be those in effect under the regulations in effect 

5 under those sections on April 27, 2003. 

6 (c) UTILITY SERVICE VEHICLES.—Section 

7 31149(a)(4) (as so transferred) is amended to read as fol8 lows: 

9 ‘‘(4) OPERATORS OF UTILITY SERVICE VEHI10 CLES.—

11 ‘‘(A) INAPPLICABILITY OF FEDERAL REGU12 LATIONS.—Such regulations may not apply to a 

13 driver of a utility service vehicle. 

14 ‘‘(B) PROHIBITION ON STATE REGULA15 TIONS.—A State, a political subdivision of a 

16 State, an interstate agency, or other entity con17 sisting of 2 or more States, shall not enact or 

18 enforce any law, rule, regulation, or standard 

19 that imposes requirements on a driver of a util20 ity service vehicle that are similar to the re21 quirements contained in such regulations.’’; 

22 (2) by striking ‘‘Nothing’’ in subsection (b) and 

23 inserting ‘‘Except as provided in subsection (a)(4), 

24 nothing’’; and 
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1 (3) by striking ‘‘paragraph (2)’’ in the first sen2 tence of subsection (c) and inserting ‘‘an exemption 

3 under paragraph (1), (2), or (4)’’. 

4 Subtitle B—Unified Carrier 

5 Registration 

6 SEC. 131. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Unified Carrier 

8 Registration Act of 2005’’. 

9 SEC. 132. RELATIONSHIP TO OTHER LAWS. 

10 Except as provided in section 14504 of title 49, 

11 United States Code, and sections 14504a and 14506 of 

12 title 49, United States Code, as added by this subtitle, 

13 this subtitle is not intended to prohibit any State or any 

14 political subdivision of any State from enacting, imposing, 

15 or enforcing any law or regulation with respect to a motor 

16 carrier, motor private carrier, broker, freight forwarder, 

17 or leasing company that is not otherwise prohibited by law. 

18 SEC. 133. INCLUSION OF MOTOR PRIVATE AND EXEMPT 

19 CARRIERS. 

20 (a) PERSONS REGISTERED TO PROVIDE TRANSPOR21 TATION OR SERVICE AS A MOTOR CARRIER OR MOTOR

22 PRIVATE CARRIER.—Section 13905 is amended by—

23 (1) redesignating subsections (b), (c), (d), and 

24 (e) as subsections (c), (d), (e), and (f), respectively; 

25 and 
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1 (2) inserting after subsection (a) the following: 

2 ‘‘(b) PERSON REGISTERED WITH SECRETARY.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), any person having registered with the 

5 Secretary to provide transportation or service as a 

6 motor carrier or motor private carrier under this 

7 title, as in effect on January 1, 2005, but not having 

8 registered pursuant to section 13902(a) of this title, 

9 shall be deemed, for purposes of this part, to be reg10 istered to provide such transportation or service for 

11 purposes of sections 13908 and 14504a of this title. 

12 ‘‘(2) EXCLUSIVELY INTRASTATE OPERATORS.—

13 Paragraph (1) does not apply to a motor carrier or 

14 motor private carrier (including a transporter of 

15 waste or recyclable materials) engaged exclusively in 

16 intrastate transportation operations.’’. 

17 (b) SECURITY REQUIREMENT.—Section 13906(a) is 

18 amended by—

19 (1) redesignating paragraphs (2) and (3) as 

20 paragraphs (3) and (4), respectively; and 

21 (2) inserting the following: 

22 ‘‘(2) SECURITY REQUIREMENT.—Not later than 

23 120 days after the date of enactment of the Unified 

24 Carrier Registration Act of 2005, any person, other 

25 than a motor private carrier, registered with the 
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1 Secretary to provide transportation or service as a 

2 motor carrier under section 13905(b) of this title 

3 shall file with the Secretary a bond, insurance policy, 

4 or other type of security approved by the Secretary, 

5 in an amount not less than required by sections 

6 31138 and 31139 of this title.’’. 

7 (c) TERMINATION OF TRANSITION RULE.—Section 

8 13902 is amended—

9 (1) by adding at the end of subsection (d) the 

10 following: 

11 ‘‘(3) TERMINATION.—This subsection shall 

12 cease to be in effect on the transition termination 

13 date.’’; and 

14 (2) by redesignating subsection (f) as sub15 section (g), and inserting after subsection (e) the fol16 lowing: 

17 ‘‘(f) MODIFICATION OF CARRIER REGISTRATION.—

18 ‘‘(1) IN GENERAL.—On and after the transition 

19 termination date, the Secretary—

20 ‘‘(A) may not register a motor carrier 

21 under this section as a motor common carrier 

22 or a motor contract carrier; 

23 ‘‘(B) shall register applicants under this 

24 section as motor carriers; and 
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1 ‘‘(C) shall issue any motor carrier reg2 istered under this section after that date a 

3 motor carrier certificate of registration that 

4 specifies whether the holder of the certificate 

5 may provide transportation of persons, house6 hold goods, other property, or any combination 

7 thereof. 

8 ‘‘(2) PRE-EXISTING CERTIFICATES AND PER9 MITS.—The Secretary shall redesignate any motor 

10 carrier certificate or permit issued before the transi11 tion termination date as a motor carrier certificate 

12 of registration. On and after the transition termi13 nation date, any person holding a motor carrier cer14 tificate of registration redesignated under this para15 graph may provide both contract carriage (as de16 fined in section 13102(4)(B) of this title) and trans17 portation under terms and conditions meeting the 

18 requirements of section 13710(a)(1) of this title. 

19 The Secretary may not, pursuant to any regulation 

20 or form issued before or after the transition termi21 nation date, make any distinction among holders of 

22 motor carrier certificates of registration on the basis 

23 of whether the holder would have been classified as 

24 a common carrier or as a contract carrier under—
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1 ‘‘(A) subsection (d) of this section, as that 

2 section was in effect before the transition termi3 nation date; or 

4 ‘‘(B) any other provision of this title that 

5 was in effect before the transition termination 

6 date. 

7 ‘‘(3) TRANSITION TERMINATION DATE DE8 FINED.—In subsection (d) and this subsection, the 

9 term ‘transition termination date’ means the first 

10 day of January occurring more than 12 months 

11 after the date of enactment of the Unified Carrier 

12 Registration Act of 2005.’’. 

13 (d) CONFORMING AMENDMENTS.— 

14 (1) CAPTION OF SECTION 13906.—The section 

15 caption for section 13906 is amended by inserting 

16 ‘‘motor private carriers,’’ after ‘‘motor car17 riers,’’. 

18 (2) CHAPTER ANALYSIS.—The chapter analysis 

19 for chapter 139 is amended by striking the item re20 lating to section 13906 and inserting the following:

‘‘13906. Security of motor carriers, motor private carriers, brokers, and freight 

forwarders.’’.

21 SEC. 134. UNIFIED CARRIER REGISTRATION SYSTEM. 

22 (a) Section 13908 is amended to read as follows: 
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1 ‘‘§ 13908. Registration and other reforms 

2 ‘‘(a) ESTABLISHMENT OF UNIFIED CARRIER REG3 ISTRATION SYSTEM.—The Secretary, in cooperation with 

4 the States, representatives of the motor carrier, motor pri5 vate carrier, freight forwarder and broker industries, and 

6 after notice and opportunity for public comment, shall 

7 issue within 1 year after the date of enactment of the Uni8 fied Carrier Registration Act of 2005 regulations to estab9 lish, an online, Federal registration system to be named 

10 the Unified Carrier Registration System to replace—

11 ‘‘(1) the current Department of Transportation 

12 identification number system, the Single State Reg13 istration System under section 14504 of this title; 

14 ‘‘(2) the registration system contained in this 

15 chapter and the financial responsibility information 

16 system under section 13906; and 

17 ‘‘(3) the service of process agent systems under 

18 sections 503 and 13304 of this title. 

19 ‘‘(b) ROLE AS CLEARINGHOUSE AND DEPOSITORY OF

20 INFORMATION.—The Unified Carrier Registration System 

21 shall serve as a clearinghouse and depository of informa22 tion on, and identification of, all foreign and domestic 

23 motor carriers, motor private carriers, brokers, and freight 

24 forwarders, and others required to register with the De25 partment, including information with respect to a carrier’s 

26 safety rating, compliance with required levels of financial 
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1 responsibility, and compliance with the provisions of sec2 tion 14504a of this title. The Secretary shall ensure that 

3 Federal agencies, States, representatives of the motor car4 rier industry, and the public have access to the Unified 

5 Carrier Registration System, including the records and in6 formation contained in the System. 

7 ‘‘(c) PROCEDURES FOR CORRECTING INFORMA8 TION.—Not later than 60 days after the effective date of 

9 this section, the Secretary shall prescribe regulations es10 tablishing procedures that enable a motor carrier to cor11 rect erroneous information contained in any part of the 

12 Unified Carrier Registration System. 

13 ‘‘(d) FEE SYSTEM.—The Secretary shall establish, 

14 under section 9701 of title 31, a fee system for the Unified 

15 Carrier Registration System according to the following 

16 guidelines: 

17 ‘‘(1) REGISTRATION AND FILING EVIDENCE OF

18 FINANCIAL RESPONSIBILITY.—The fee for new reg19 istrants shall as nearly as possible cover the costs of 

20 processing the registration and conducting the safety 

21 audit or examination, if required, but shall not ex22 ceed $300. 

23 ‘‘(2) EVIDENCE OF FINANCIAL RESPONSI24 BILITY.—The fee for filing evidence of financial re25 sponsibility pursuant to this section shall not exceed 
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1 $10 per filing. No fee shall be charged for a filing 

2 for purposes of designating an agent for service of 

3 process or the filing of other information relating to 

4 financial responsibility. 

5 ‘‘(3) ACCESS AND RETRIEVAL FEES.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), the fee system shall include 

8 a nominal fee for the access to or retrieval of 

9 information from the Unified Carrier Registra10 tion System to cover the costs of operating and 

11 upgrading the System, including the personnel 

12 costs incurred by the Department and the costs 

13 of administration of the Unified Carrier Reg14 istration Agreement. 

15 ‘‘(B) EXCEPTIONS.—There shall be no fee 

16 charged—

17 ‘‘(i) to any agency of the Federal Gov18 ernment or a State government or any po19 litical subdivision of any such government 

20 for the access to or retrieval of information 

21 and data from the Unified Carrier Reg22 istration System for its own use; or 

23 ‘‘(ii) to any representative of a motor 

24 carrier, motor private carrier, leasing com25 pany, broker, or freight forwarder (as each 
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1 is defined in section 14504a of this title) 

2 for the access to or retrieval of the indi3 vidual information related to such entity 

4 from the Unified Carrier Registration Sys5 tem for the individual use of such entity. 

6 ‘‘(e) APPLICATION TO CERTAIN INTRASTATE OPER7 ATIONS.—Nothing in this section requires the registration 

8 of a motor carrier, a motor private carrier of property, 

9 or a transporter of waste or recyclable materials operating 

10 exclusively in intrastate transportation not otherwise re11 quired to register with the Secretary under another provi12 sion of this title.’’. 

13 SEC. 135. REGISTRATION OF MOTOR CARRIERS BY STATES. 

14 (a) TERMINATION OF REGISTRATION PROVISIONS.—

15 Section 14504 is amended by adding at the end the fol16 lowing: 

17 ‘‘(d) TERMINATION OF PROVISIONS.—Subsections 

18 (b) and (c) shall cease to be effective on the first January 

19 1st occurring more than 12 months after the date of en20 actment of the Unified Carrier Registration Act of 2005.’’. 

21 (b) UNIFIED CARRIER REGISTRATION SYSTEM PLAN

22 AND AGREEMENT.—Chapter 145 is amended by inserting 

23 after section 14504 the following: 
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1 ‘‘§ 14504a. Unified carrier registration system plan 

2 and agreement 

3 ‘‘(a) DEFINITIONS.—In this section and section 

4 14506 of this title: 

5 ‘‘(1) COMMERCIAL MOTOR VEHICLE.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), the term ‘commercial motor 

8 vehicle’ has the meaning given the term in sec9 tion 31101 of this title. 

10 ‘‘(B) EXCEPTION.—With respect to motor 

11 carriers required to make any filing or pay any 

12 fee to a State with respect to the motor car13 rier’s authority or insurance related to oper14 ation within such State, the term ‘commercial 

15 motor vehicle’ means any self-propelled vehicle 

16 used on the highway in commerce to transport 

17 passengers or property for compensation re18 gardless of the gross vehicle weight rating of 

19 the vehicle or the number of passengers trans20 ported by such vehicle. 

21 ‘‘(2) BASE-STATE.— 

22 ‘‘(A) IN GENERAL.—The term ‘Base-State’ 

23 means, with respect to the Unified Carrier Reg24 istration Agreement, a State—

25 ‘‘(i) that is in compliance with the re26 quirements of subsection (e); and 
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1 ‘‘(ii) in which the motor carrier, motor 

2 private carrier, broker, freight forwarder or 

3 leasing company maintains its principal 

4 place of business. 

5 ‘‘(B) DESIGNATION OF BASE-STATE.—A 

6 motor carrier, motor private carrier, broker, 

7 freight forwarder or leasing company may des8 ignate another State in which it maintains an 

9 office or operating facility as its Base-State in 

10 the event that—

11 ‘‘(i) the State in which the motor car12 rier, motor private carrier, broker, freight 

13 forwarder or leasing company maintains its 

14 principal place of business is not in compli15 ance with the requirements of subsection 

16 (e); or 

17 ‘‘(ii) the motor carrier, motor private 

18 carrier, broker, freight forwarder or leasing 

19 company does not have a principal place of 

20 business in the United States. 

21 ‘‘(3) INTRASTATE FEE.—The term ‘intrastate 

22 fee’ means any fee, tax, or other type of assessment, 

23 including per vehicle fees and gross receipts taxes, 

24 imposed on a motor carrier or motor private carrier 
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1 for the renewal of the intrastate authority or insur2 ance filings of such carrier with a State. 

3 ‘‘(4) LEASING COMPANY.—The term ‘leasing 

4 company’ means a lessor that is engaged in the busi5 ness of leasing or renting for compensation motor 

6 vehicles without drivers to a motor carrier, motor 

7 private carrier, or freight forwarder. 

8 ‘‘(5) MOTOR CARRIER.—The term ‘motor car9 rier’ has the meaning given the term in section 

10 13102(12) of this title, but shall include all carriers 

11 that are otherwise exempt from the provisions of 

12 part B of this title pursuant to the provisions of 

13 chapter 135 of this title or exemption actions by the 

14 former Interstate Commerce Commission under this 

15 title. 

16 ‘‘(6) PARTICIPATING STATE.—The term ‘par17 ticipating state’ means a State that has complied 

18 with the requirements of subsection (e) of this sec19 tion. 

20 ‘‘(7) SSRS.—The term ‘SSRS’ means the Sin21 gle State Registration System in effect on the date 

22 of enactment of the Unified Carrier Registration Act 

23 of 2005. 

24 ‘‘(8) UNIFIED CARRIER REGISTRATION AGREE25 MENT.—The terms ‘Unified Carrier Registration 
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1 Agreement’ and ‘UCR Agreement’ mean the inter2 state agreement developed under the Unified Carrier 

3 Registration Plan governing the collection and dis4 tribution of registration and financial responsibility 

5 information provided and fees paid by motor car6 riers, motor private carriers, brokers, freight for7 warders and leasing companies pursuant to this sec8 tion. 

9 ‘‘(9) UNIFIED CARRIER REGISTRATION PLAN.—

10 The terms ‘Unified Carrier Registration Plan’ and 

11 ‘UCR Plan’ mean the organization of State, Federal 

12 and industry representatives responsible for devel13 oping, implementing and administering the Unified 

14 Carrier Registration Agreement. 

15 ‘‘(10) VEHICLE REGISTRATION.—The term ‘ve16 hicle registration’ means the registration of any 

17 commercial motor vehicle under the International 

18 Registration Plan or any other registration law or 

19 regulation of a jurisdiction. 

20 ‘‘(b) APPLICABILITY OF PROVISIONS TO FREIGHT

21 FORWARDERS.—A Freight forwarder that operates com22 mercial motor vehicles and is not required to register as 

23 a carrier pursuant to section 13903(b) of this title shall 

24 be subject to the provisions of this section as if a motor 

25 carrier. 
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1 ‘‘(c) UNREASONABLE BURDEN.—For purposes of 

2 this section, it shall be considered an unreasonable burden 

3 upon interstate commerce for any State or any political 

4 subdivision of a State, or any political authority of 2 or 

5 more States—

6 ‘‘(1) to enact, impose, or enforce any require7 ment or standards, or levy any fee or charge on any 

8 interstate motor carrier or interstate motor private 

9 carrier in connection with—

10 ‘‘(A) the registration with the State of the 

11 interstate operations of a motor carrier or 

12 motor private carrier; 

13 ‘‘(B) the filing with the State of informa14 tion relating to the financial responsibility of a 

15 motor carrier or motor private carrier pursuant 

16 to sections 31138 or 31139 of this title; 

17 ‘‘(C) the filing with the State of the name 

18 of the local agent for service of process of a 

19 motor carrier or motor private carrier pursuant 

20 to sections 503 or 13304 of this title; or 

21 ‘‘(D) the annual renewal of the intrastate 

22 authority, or the insurance filings, of a motor 

23 carrier or motor private carrier, or other intra24 state filing requirement necessary to operate 
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1 within the State, if the motor carrier or motor 

2 private carrier is—

3 ‘‘(i) registered in compliance with sec4 tion 13902 or section 13905(b) of this 

5 title; and 

6 ‘‘(ii) in compliance with the laws and 

7 regulations of the State authorizing the 

8 carrier to operate in the State pursuant to 

9 section 14501(c)(2)(A) of this title 

10 except with respect to—

11 ‘‘(I) intrastate service provided 

12 by motor carriers of passengers that 

13 is not subject to the preemptive provi14 sions of section 14501(a) of this title, 

15 ‘‘(II) motor carriers of property, 

16 motor private carriers, brokers, or 

17 freight forwarders, or their services or 

18 operations, that are described in sub19 paragraphs (B) and (C) of section 

20 14501(c)(2) and section 14506(c)(3) 

21 or permitted pursuant to section 

22 14506(b) of this title, and 

23 ‘‘(III) the intrastate transpor24 tation of waste or recyclable materials 

25 by any carrier); or 
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1 ‘‘(2) to require any interstate motor carrier or 

2 motor private carrier to pay any fee or tax, not pro3 scribed by paragraph (1)(D) of this subsection, that 

4 a motor carrier or motor private carrier that pays a 

5 fee which is proscribed by that paragraph is not re6 quired to pay. 

7 ‘‘(d) UNIFIED CARRIER REGISTRATION PLAN.—

8 ‘‘(1) BOARD OF DIRECTORS.— 

9 ‘‘(A) GOVERNANCE OF PLAN.—The Uni10 fied Carrier Registration Plan shall be governed 

11 by a Board of Directors consisting of represent12 atives of the Department of Transportation, 

13 Participating States, and the motor carrier in14 dustry. 

15 ‘‘(B) NUMBER.—The Board shall consist 

16 of 15 directors. 

17 ‘‘(C) COMPOSITION.—The Board shall be 

18 composed of directors appointed as follows: 

19 ‘‘(i) FEDERAL MOTOR CARRIER SAFE20 TY ADMINISTRATION.—The Secretary shall 

21 appoint 1 director from each of the Fed22 eral Motor Carrier Safety Administration’s 

23 4 Service Areas (as those areas were de24 fined by the Federal Motor Carrier Safety 

25 Administration on January 1, 2005), from 
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1 among the chief administrative officers of 

2 the State agencies responsible for over3 seeing the administration of the UCR 

4 Agreement. 

5 ‘‘(ii) STATE AGENCIES.—The Sec6 retary shall appoint 5 directors from the 

7 professional staffs of State agencies re8 sponsible for overseeing the administration 

9 of the UCR Agreement in their respective 

10 States. Nominees for these 5 directorships 

11 shall be submitted to the Secretary by the 

12 national association of professional employ13 ees of the State agencies responsible for 

14 overseeing the administration of the UCR 

15 Agreement in their respective States. 

16 ‘‘(iii) MOTOR CARRIER INDUSTRY.—

17 The Secretary shall appoint 5 directors 

18 from the motor carrier industry. At least 1 

19 of the appointees shall be an employee of 

20 the national trade association representing 

21 the general motor carrier of property in22 dustry. 

23 ‘‘(iv) DEPARTMENT OF TRANSPOR24 TATION.—The Secretary shall appoint the 

25 Deputy Administrator of the Federal 
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1 Motor Carrier Safety Administration, or 

2 such other presidential appointee from the 

3 United States Department of Transpor4 tation, as the Secretary may designate, to 

5 serve as a director. 

6 ‘‘(D) CHAIRPERSON AND VICE-CHAIR7 PERSON.—The Secretary shall designate 1 di8 rector as Chairperson and 1 director as Vice9 Chairperson of the Board. The Chairperson and 

10 Vice-Chairperson shall serve in such capacity 

11 for the term of their appointment as directors. 

12 ‘‘(E) TERM.—In appointing the initial 

13 Board, the Secretary shall designate 5 of the 

14 appointed directors for initial terms of 3 years, 

15 5 of the appointed directors for initial terms of 

16 2 years, and 5 of the appointed directors for 

17 initial terms of 1 year. Thereafter, all directors 

18 shall be appointed for terms of 3 years, except 

19 that the term of the Deputy Administrator or 

20 other individual designated by the Secretary 

21 under subparagraph (C)(iv) shall be at the dis22 cretion of the Secretary. A director may be ap23 pointed to succeed himself or herself. A director 

24 may continue to serve on the Board until his or 

25 her successor is appointed. 
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1 ‘‘(2) RULES AND REGULATIONS GOVERNING

2 THE UCR AGREEMENT.—The Board of Directors 

3 shall issue rules and regulations to govern the UCR 

4 Agreement. The rules and regulations shall—

5 ‘‘(A) prescribe uniform forms and formats, 

6 for—

7 ‘‘(i) the annual submission of the in8 formation required by a Base-State of a 

9 motor carrier, motor private carrier, leas10 ing company, broker, or freight forwarder; 

11 ‘‘(ii) the transmission of information 

12 by a Participating State to the Unified 

13 Carrier Registration System; 

14 ‘‘(iii) the payment of excess fees by a 

15 State to the designated depository and the 

16 distribution of fees by the depository to 

17 those States so entitled; and 

18 ‘‘(iv) the providing of notice by a 

19 motor carrier, motor private carrier, 

20 broker, freight forwarder, or leasing com21 pany to the Board of the intent of such en22 tity to change its Base-State, and the pro23 cedures for a State to object to such a 

24 change under subparagraph (C) of this 

25 paragraph; 
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1 ‘‘(B) provide for the administration of the 

2 Unified Carrier Registration Agreement, includ3 ing procedures for amending the Agreement 

4 and obtaining clarification of any provision of 

5 the Agreement; 

6 ‘‘(C) provide procedures for dispute resolu7 tion that provide due process for all involved 

8 parties; and 

9 ‘‘(D) designate a depository. 

10 ‘‘(3) COMPENSATION AND EXPENSES.—Except 

11 for the representative of the Department of Trans12 portation appointed pursuant to paragraph (1)(D), 

13 no director shall receive any compensation or other 

14 benefits from the Federal Government for serving on 

15 the Board or be considered a Federal employee as 

16 a result of such service. All Directors shall be reim17 bursed for expenses they incur attending duly called 

18 meetings of the Board. In addition, the Board may 

19 approve the reimbursement of expenses incurred by 

20 members of any subcommittee or task force ap21 pointed pursuant to paragraph (5). The reimburse22 ment of expenses to directors and subcommittee and 

23 task force members shall be based on the then appli24 cable rules of the General Service Administration 
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1 governing reimbursement of expenses for travel by 

2 Federal employees. 

3 ‘‘(4) MEETINGS.— 

4 ‘‘(A) IN GENERAL.—The Board shall meet 

5 at least once per year. Additional meetings may 

6 be called, as needed, by the Chairperson of the 

7 Board, a majority of the directors, or the Sec8 retary. 

9 ‘‘(B) QUORUM.—A majority of directors 

10 shall constitute a quorum. 

11 ‘‘(C) VOTING.—Approval of any matter be12 fore the Board shall require the approval of a 

13 majority of all directors present at the meeting. 

14 ‘‘(D) OPEN MEETINGS.—Meetings of the 

15 Board and any subcommittees or task forces 

16 appointed pursuant to paragraph (5) of this 

17 section shall be subject to the provisions of sec18 tion 552b of title 5. 

19 ‘‘(5) SUBCOMMITTEES.— 

20 ‘‘(A) INDUSTRY ADVISORY SUB21 COMMITTEE.—The Chairperson shall appoint 

22 an Industry Advisory Subcommittee. The In23 dustry Advisory Subcommittee shall consider 

24 any matter before the Board and make rec25 ommendations to the Board. 
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1 ‘‘(B) OTHER SUBCOMMITTEES.—The 

2 Chairperson shall appoint an Audit Sub3 committee, a Dispute Resolution Subcommittee, 

4 and any additional subcommittees and task 

5 forces that the Board determines to be nec6 essary. 

7 ‘‘(C) MEMBERSHIP.—The chairperson of 

8 each subcommittee shall be a director. The 

9 other members of subcommittees and task 

10 forces may be directors or non-directors. 

11 ‘‘(D) REPRESENTATION ON SUBCOMMIT12 TEES.—Except for the Industry Advisory Sub13 committee (the membership of which shall con14 sist solely of representatives of entities subject 

15 to the fee requirements of subsection (f) of this 

16 section), each subcommittee and task force shall 

17 include representatives of the Participating 

18 States and the motor carrier industry. 

19 ‘‘(6) DELEGATION OF AUTHORITY.—The Board 

20 may contract with any private commercial or non21 profit entity or any agency of a State to perform ad22 ministrative functions required under the Unified 

23 Carrier Registration Agreement, but may not dele24 gate its decision or policy-making responsibilities. 

25 ‘‘(7) DETERMINATION OF FEES.— 
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1 ‘‘(A) RECOMMENDATION BY BOARD.—The 

2 Board shall recommend to the Secretary the an3 nual fees to be assessed carriers, leasing compa4 nies, brokers, and freight forwarders pursuant 

5 to the Unified Carrier Registration Agreement. 

6 In making its recommendation to the Secretary 

7 for the level of fees to be assessed in the next 

8 Agreement year, and in setting the fee level, the 

9 Board and the Secretary shall consider—

10 ‘‘(i) the administrative costs associ11 ated with the Unified Carrier Registration 

12 Plan and the Agreement; 

13 ‘‘(ii) whether the revenues generated 

14 in the previous year and any surplus or 

15 shortage from that or prior years enable 

16 the Participating States to achieve the rev17 enue levels set by the Board; and 

18 ‘‘(iii) the parameters for fees set forth 

19 in subsection (f)(1). 

20 ‘‘(B) SETTING FEES.—The Secretary shall 

21 set the annual fees for the next Agreement 

22 year—

23 ‘‘(i) within 90 days after receiving the 

24 Board’s recommendation under subpara25 graph (A); and 
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1 ‘‘(ii) after notice and opportunity for 

2 public comment. 

3 ‘‘(8) LIABILITY PROTECTIONS FOR DIREC4 TORS.—No individual appointed to serve on the 

5 Board shall be liable to any other director or to any 

6 other party for harm, either economic or non-eco7 nomic, caused by an act or omission of the indi8 vidual arising from the individual’s service on the 

9 Board if—

10 ‘‘(A) the individual was acting within the 

11 scope of his or her responsibilities as a director; 

12 and 

13 ‘‘(B) the harm was not caused by willful or 

14 criminal misconduct, gross negligence, reckless 

15 misconduct, or a conscious, flagrant indiffer16 ence to the right or safety of the party harmed 

17 by the individual. 

18 ‘‘(9) INAPPLICABILITY OF FEDERAL ADVISORY

19 COMMITTEE ACT.—The Federal Advisory Committee 

20 Act (5 U.S.C. App.) shall not apply to the Unified 

21 Carrier Registration Plan or its committees. 

22 ‘‘(10) CERTAIN FEES NOT AFFECTED.—This 

23 section does not limit the amount of money a State 

24 may charge for vehicle registration or the amount of 
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1 any fuel use tax a State may impose pursuant to the 

2 International Fuel Tax Agreement. 

3 ‘‘(e) STATE PARTICIPATION.— 

4 ‘‘(1) STATE PLAN.—No State shall be eligible 

5 to participate in the Unified Carrier Registration 

6 Plan or to receive any revenues derived under the 

7 Agreement, unless the State submits to the Sec8 retary, not later than 3 years after the date of en9 actment of the Unified Carrier Registration Act of 

10 2005, a plan—

11 ‘‘(A) identifying the State agency that has 

12 or will have the legal authority, resources, and 

13 qualified personnel necessary to administer the 

14 Unified Carrier Registration Agreement in ac15 cordance with the rules and regulations promul16 gated by the Board of Directors of the Unified 

17 Carrier Registration Plan; and 

18 ‘‘(B) containing assurances that an 

19 amount at least equal to the revenue derived by 

20 the State from the Unified Carrier Registration 

21 Agreement shall be used for motor carrier safe22 ty programs, enforcement, and financial respon23 sibility, or the administration of the UCR Plan 

24 and UCR Agreement. 
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1 ‘‘(2) AMENDED PLANS.—A State may change 

2 the agency designated in the plan submitted under 

3 this subsection by filing an amended plan with the 

4 Secretary and the Chairperson of the Unified Car5 rier Registration Plan. 

6 ‘‘(3) WITHDRAWAL OF PLAN.—If a State with7 draws, or notifies the Secretary that it is with8 drawing, the plan submitted under this subsection, 

9 then the State may no longer participate in the Uni10 fied Carrier Registration Agreement or receive any 

11 portion of the revenues derived under the Agree12 ment. The Secretary shall notify the Chairperson 

13 upon receiving notice from a State that it is with14 drawing its plan or withdrawing from the Agree15 ment. 

16 ‘‘(4) TERMINATION OF ELIGIBILITY.—If a State 

17 fails to submit a plan to the Secretary as required 

18 by paragraph (1) or withdraws its plan under para19 graph (3), the State shall be prohibited from subse20 quently submitting or resubmitting a plan or partici21 pating in the Agreement. 

22 ‘‘(5) PROVISION OF PLAN TO CHAIRPERSON.—

23 The Secretary shall provide a copy of each plan sub24 mitted under this subsection to the initial Chair25 person of the Board of Directors of the Unified Car-
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1 rier Registration Plan not later than 90 days of ap2 pointing the Chairperson. 

3 ‘‘(f) CONTENTS OF UNIFIED CARRIER REGISTRA4 TION AGREEMENT.—The Unified Carrier Registration 

5 Agreement shall provide the following: 

6 ‘‘(1) DETERMINATION OF FEES.— 

7 ‘‘(A) Fees charged motor carriers, motor 

8 private carriers, or freight forwarders in con9 nection with the filing of proof of financial re10 sponsibility under the UCR Agreement shall be 

11 based on the number of commercial motor vehi12 cles owned or operated by the motor carrier, 

13 motor private carrier, or freight forwarder. Bro14 kers and leasing companies shall pay the same 

15 fees as the smallest bracket of motor carriers, 

16 motor private carriers, and freight forwarders. 

17 ‘‘(B) The fees shall be determined by the 

18 Secretary based upon the recommendation of 

19 the Board under subsection (d)(7). 

20 ‘‘(C) The Board shall develop no more 

21 than 6 and no less than 4 brackets of carriers 

22 by size of fleet. 

23 ‘‘(D) The fee scale shall be progressive and 

24 use different vehicle ratios for each bracket of 

25 carrier fleet size. 
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1 ‘‘(E) The Board may ask the Secretary to 

2 adjust the fees within a reasonable range on an 

3 annual basis if the revenues derived from the 

4 fees—

5 ‘‘(i) are insufficient to provide the rev6 enues to which the States are entitled 

7 under this section; or 

8 ‘‘(ii) exceed those revenues. 

9 ‘‘(2) DETERMINATION OF OWNERSHIP OR OP10 ERATION.—Commercial motor vehicles owned or op11 erated by a motor carrier, motor private carrier, or 

12 freight forwarder shall mean those commercial motor 

13 vehicles registered in the name of the motor carrier, 

14 motor private carrier, or freight forwarder or con15 trolled by the motor carrier, motor private carrier, 

16 or freight forwarder under a long term lease during 

17 a vehicle registration year. 

18 ‘‘(3) CALCULATION OF NUMBER OF COMMER19 CIAL MOTOR VEHICLES OWNED OR OPERATED.—The 

20 number of commercial motor vehicles owned or oper21 ated by a motor carrier, motor private carrier, or 

22 freight forwarder for purposes of paragraph (1) of 

23 this subsection shall be based either on the number 

24 of commercial motor vehicles the motor carrier, 

25 motor private carrier, or freight forwarder has indi-
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1 cated it operates on its most recently filed MCS–150 

2 or the total number of such vehicles it owned or op3 erated for the 12-month period ending on June 30 

4 of the year immediately prior to the each registra5 tion year of the Unified Carrier Registration Sys6 tem. Commercial motor vehicles used exclusively in 

7 the intrastate transportation of property, waste, or 

8 recyclable material may not be included in deter9 mining the number of commercial motor vehicles 

10 owned or operated by a motor carrier or motor pri11 vate carrier for purposes of paragraph (1) of this 

12 subsection. 

13 ‘‘(4) PAYMENT OF FEES.—Motor carriers, 

14 motor private carriers, leasing companies, brokers, 

15 and freight forwarders shall pay all fees required 

16 under this section to their Base-State pursuant to 

17 the UCR Agreement. 

18 ‘‘(g) PAYMENT OF FEES.—Revenues derived under 

19 the UCR Agreement shall be allocated to Participating 

20 States as follows: 

21 ‘‘(1) A State that participated in the Single 

22 State Registration System in the last SSRS registra23 tion year ending before the date of enactment of the 

24 Unified Carrier Registration Act of 2005 and com25 plies with the requirements of subsection (e) of this 
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1 section is entitled to receive a portion of the UCR 

2 Agreement revenues generated under the Agreement 

3 equivalent to the revenues it received under the 

4 SSRS in the last SSRS registration year ending be5 fore the date of enactment of the Unified Carrier 

6 Registration Act of 2005, as long as the State con7 tinues to comply with the provisions of subsection 

8 (e). 

9 ‘‘(2) A State that collected intrastate registra10 tion fees from interstate motor carriers, interstate 

11 motor private carriers, or interstate exempt carriers 

12 and complies with the requirements of subsection (e) 

13 of this section is entitled to receive an additional 

14 portion of the UCR Agreement revenues generated 

15 under the Agreement equivalent to the revenues it 

16 received from such interstate carriers in the last cal17 endar year ending before the date of enactment of 

18 the Unified Carrier Registration Act of 2005, as 

19 long as the State continues to comply with the provi20 sions of subsection (e). 

21 ‘‘(3) States that comply with the requirements 

22 of subsection (e) of this section but did not partici23 pate in SSRS during the last SSRS registration year 

24 ending before the date of enactment of the Unified 

25 Carrier Registration Act of 2005 shall be entitled to 
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1 an annual allotment not to exceed $500,000 from 

2 the UCR Agreement revenues generated under the 

3 Agreement as long as the State continues to comply 

4 with the provisions of subsection (e). 

5 ‘‘(4) The amount of UCR Agreement revenues 

6 to which a State is entitled under this section shall 

7 be calculated by the Board and approved by the Sec8 retary. 

9 ‘‘(h) DISTRIBUTION OF UCR AGREEMENT REVE10 NUES.— 

11 ‘‘(1) ELIGIBILITY.—Each State that is in com12 pliance with the provisions of subsection (e) shall be 

13 entitled to a portion of the revenues derived from 

14 the UCR Agreement in accordance with subsection 

15 (g). 

16 ‘‘(2) ENTITLEMENT TO REVENUES.—A State 

17 that is in compliance with the provisions of sub18 section (e) may retain an amount of the gross reve19 nues it collects from motor carriers, motor private 

20 carriers, brokers, freight forwarders and leasing 

21 companies under the UCR Agreement equivalent to 

22 the portion of revenues to which the State is entitled 

23 under subsection (g). All revenues a Participating 

24 State collects in excess of the amount to which the 

25 State is so entitled shall be forwarded to the deposi-
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1 tory designated by the Board under subsection 

2 (d)(2)(D). 

3 ‘‘(3) DISTRIBUTION OF FUNDS FROM DEPOSI4 TORY.—The excess funds collected in the depository 

5 shall be distributed as follows: 

6 ‘‘(A) Excess funds shall be distributed on 

7 a pro rata basis to each Participating State 

8 that did not collect revenues under the UCR 

9 Agreement equivalent to the amount such State 

10 is entitled under subsection (g), except that the 

11 sum of the gross UCR Agreement revenues col12 lected by a Participating State and the amount 

13 distributed to it from the depository shall not 

14 exceed the amount to which the State is entitled 

15 under subsection (g). 

16 ‘‘(B) Any excess funds held by the deposi17 tory after all distributions under subparagraph 

18 (A) have been made shall be used to pay the 

19 administrative costs of the UCR Plan and the 

20 UCR Agreement. 

21 ‘‘(C) Any excess funds held by the deposi22 tory after distributions and payments under 

23 subparagraphs (A) and (B) shall be retained in 

24 the depository, and the UCR Agreement fees 

25 for motor carriers, motor private carriers, leas-
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1 ing companies, freight forwarders, and brokers 

2 for the next fee year shall be reduced by the 

3 Secretary accordingly. 

4 ‘‘(i) ENFORCEMENT.— 

5 ‘‘(1) CIVIL ACTIONS.—Upon request by the Sec6 retary of Transportation, the Attorney General may 

7 bring a civil action in a court of competent jurisdic8 tion to enforce compliance with this section and with 

9 the terms of the Unified Carrier Registration Agree10 ment. 

11 ‘‘(2) VENUE.—An action under this section 

12 may be brought only in the Federal court sitting in 

13 the State in which an order is required to enforce 

14 such compliance. 

15 ‘‘(3) RELIEF.—Subject to section 1341 of title 

16 28, the court, on a proper showing—

17 ‘‘(A) shall issue a temporary restraining 

18 order or a preliminary or permanent injunction; 

19 and 

20 ‘‘(B) may issue an injunction requiring 

21 that the State or any person comply with this 

22 section. 

23 ‘‘(4) ENFORCEMENT BY STATES.—Nothing in 

24 this section—
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1 ‘‘(A) prohibits a Participating State from 

2 issuing citations and imposing reasonable fines 

3 and penalties pursuant to applicable State laws 

4 and regulations on any motor carrier, motor 

5 private carrier, freight forwarder, broker, or 

6 leasing company for failure to—

7 ‘‘(i) submit documents as required 

8 under subsection (d)(2); or 

9 ‘‘(ii) pay the fees required under sub10 section (f); or 

11 ‘‘(B) authorizes a State to require a motor 

12 carrier, motor private carrier, or freight for13 warder to display as evidence of compliance any 

14 form of identification in excess of those per15 mitted under section 14506 of this title on or 

16 in a commercial motor vehicle. 

17 ‘‘(j) APPLICATION TO INTRASTATE CARRIERS.—Not18 withstanding any other provision of this section, a State 

19 may elect to apply the provisions of the UCR Agreement 

20 to motor carriers and motor private carriers subject to its 

21 jurisdiction that operate solely in intrastate commerce 

22 within the borders of the State.’’. 

23 (c) CONFORMING AMENDMENT.—The chapter anal24 ysis for chapter 145 is amended by inserting after the item 

25 relating to section 14504 the following:

‘‘14504a. Unified carrier registration system plan and agreement.’’.
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1 SEC. 136. IDENTIFICATION OF VEHICLES. 

2 (a) IN GENERAL.—Chapter 145 is amended by add3 ing at the end the following: 

4 ‘‘§ 14506. Identification of vehicles 

5 ‘‘(a) RESTRICTION ON REQUIREMENTS.—No State, 

6 political subdivision of a State, interstate agency, or other 

7 political agency of 2 or more States may enact or enforce 

8 any law, rule, regulation standard, or other provision hav9 ing the force and effect of law that requires a motor car10 rier, motor private carrier, freight forwarder, or leasing 

11 company to display any form of identification on or in a 

12 commercial motor vehicle, other than forms of identifica13 tion required by the Secretary of Transportation under 

14 section 390.21 of title 49, Code of Federal Regulations. 

15 ‘‘(b) EXCEPTION.—Notwithstanding paragraph (a), a 

16 State may continue to require display of credentials that 

17 are required—

18 ‘‘(1) under the International Registration Plan 

19 under section 31704 of this title; 

20 ‘‘(2) under the International Fuel Tax Agree21 ment under section 31705 of this title; 

22 ‘‘(3) in connection with Federal requirements 

23 for hazardous materials transportation under section 

24 5103 of this title; or 
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1 ‘‘(4) in connection with the Federal vehicle in2 spection standards under section 31136 of this 

3 title.’’. 

4 (b) CONFORMING AMENDMENT.—The chapter anal5 ysis for chapter 145 is amended by inserting after the item 

6 relating to section 14505 the following:

‘‘14506. Identification of vehicles.’’.

7 SEC. 137. USE OF UCR AGREEMENT REVENUES AS MATCH8 ING FUNDS. 

9 Section 31103(a) is amended by inserting ‘‘Amounts 

10 generated by the Unified Carrier Registration Agreement, 

11 under section 14504a of this title and received by a State 

12 and used for motor carrier safety purposes may be in13 cluded as part of the State’s share not provided by the 

14 United States.’’ after ‘‘United States Government.’’. 

15 Subtitle C—Commercial Driver’s 

16 Licenses 

17 SEC. 151. CDL TASK FORCE. 

18 (a) IN GENERAL.—The Secretary of Transportation 

19 shall convene a task force to study and address current 

20 impediments and foreseeable challenges to the commercial 

21 driver’s license program’s effectiveness and measures 

22 needed to realize the full safety potential of the commer23 cial driver’s license program. The task force shall address 

24 such issues as State enforcement practices, operational 

25 procedures to detect and deter fraud, needed improve-
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1 ments for seamless information sharing between States, 

2 effective methods for accurately sharing electronic data 

3 between States, uniform proof of citizenship, updated 

4 technology, and timely notification from judicial bodies 

5 concerning traffic and criminal convictions of commercial 

6 driver’s license holders. 

7 (b) MEMBERSHIP.—Members of the task force should 

8 include State motor vehicle administrators, organizations 

9 representing government agencies or officials, members of 

10 the Judicial Conference, representatives of the trucking 

11 industry, representatives of labor organizations, safety ad12 vocates, and other significant stakeholders. 

13 (c) REPORT.—Within 2 years after the date of enact14 ment of this Act, the Secretary, on behalf of the task force, 

15 shall complete a report of the task force’s findings and 

16 recommendations for legislative, regulatory, and enforce17 ment changes to improve the commercial driver’s license 

18 program. The Secretary shall promptly transmit the re19 port to the Senate Committee on Commerce, Science, and 

20 Transportation and the House of Representatives Com21 mittee on Transportation and Infrastructure. 

22 (d) FUNDING.—From the funds authorized by section 

23 103(b)(3) of this title, $200,000 shall be made available 

24 for each of fiscal years 2006 and 2007 to carry out this 

25 section. 
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1 SEC. 152. CDL LEARNER’S PERMIT PROGRAM. 

2 Chapter 313 is amended—

3 (1) by striking ‘‘time.’’ in section 31302 and in4 serting ‘‘license, and may have only 1 learner’s per5 mit at any time.’’; 

6 (2) by inserting ‘‘and learners’ permits’’ after 

7 ‘‘licenses’’ the first place it appears in section 

8 31308; 

9 (3) by striking ‘‘licenses.’’ in section 31308 and 

10 inserting ‘‘licenses and permits.’’; 

11 (4) by redesignating paragraphs (2) and (3) of 

12 section 31308 as paragraphs (3) and (4), respec13 tively, and inserting after paragraph (1) the fol14 lowing: 

15 ‘‘(2) before a commercial driver’s license learn16 er’s permit can be issued to an individual, the indi17 vidual must pass a written test on the operation of 

18 a commercial motor vehicle that complies with the 

19 minimum standards prescribed by the Secretary 

20 under section 31305(a) of this title;’’; 

21 (5) by inserting ‘‘or learner’s permit’’ after ‘‘li22 cense’’ each place it appears in paragraphs (3) and 

23 (4), as redesignated, of section 31308; and 

24 (6) by inserting ‘‘or learner’s permit’’ after ‘‘li25 cense’’ each place it appears in section 31309(b).
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1 SEC. 153. GRANTS TO STATES FOR COMMERCIAL DRIVER’S 

2 LICENSE IMPROVEMENTS. 

3 (a) IN GENERAL.—Chapter 313 is amended by add4 ing at the end the following: 

5 ‘‘§ 31318. Grants for commercial driver’s license pro6 gram improvements 

7 ‘‘(a) GENERAL AUTHORITY.—From the funds au8 thorized by section 103(b)(3) of the Motor Carrier Safety 

9 Reauthorization Act of 2005, the Secretary may make a 

10 grant to a State, except as otherwise provided in sub11 section (e), in a fiscal year to improve its implementation 

12 of the commercial driver’s license program, providing the 

13 State is making a good faith effort toward substantial 

14 compliance with the requirements of section 31311 and 

15 this section. The Secretary shall establish criteria for the 

16 distribution of grants and notify the States annually of 

17 such criteria. 

18 ‘‘(b) CONDITIONS.—Except as otherwise provided in 

19 subsection (e), a State may use a grant under this section 

20 only for expenses related to its commercial driver’s license 

21 program, including, but not limited to, computer hardware 

22 and software, publications, testing, personnel, training, 

23 and quality control. The grant may not be used to rent, 

24 lease, or buy land or buildings. The Secretary shall give 

25 priority to grants that will be used to achieve compliance 

26 with the requirements of the Motor Carrier Safety Im-
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1 provement Act of 1999. The Secretary may allocate the 

2 funds appropriated for such grants in a fiscal year among 

3 the eligible States whose applications for grants have been 

4 approved, under criteria established by the Secretary. 

5 ‘‘(c) MAINTENANCE OF EXPENDITURES.—Except as 

6 otherwise provided in subsection (e), the Secretary may 

7 make a grant to a State under this section only if the 

8 State agrees that the total expenditure of amounts of the 

9 State and political subdivisions of the State, exclusive of 

10 United States Government amounts, for the operation of 

11 the commercial driver’s license program will be maintained 

12 at a level at least equal to the average level of that expend13 iture by the State and political subdivisions of the State 

14 for the last 2 fiscal years before October 1, 2005. 

15 ‘‘(d) GOVERNMENT SHARE.—Except as otherwise 

16 provided in subsection (e), the Secretary shall reimburse 

17 a State, from a grant made under this section, an amount 

18 that is not more than 80 percent of the costs incurred 

19 by the State in a fiscal year in implementing the commer20 cial driver’s license improvements described in subsection 

21 (b). In determining those costs, the Secretary shall include 

22 in-kind contributions by the State. 

23 ‘‘(e) HIGH-PRIORITY ACTIVITIES.— 

24 ‘‘(1) The Secretary may make a grant to a 

25 State agency, local government, or organization rep-
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1 resenting government agencies or officials for the 

2 full cost of research, development, demonstration 

3 projects, public education, or other special activities 

4 and projects relating to commercial driver licensing 

5 and motor vehicle safety that are of benefit to all ju6 risdictions or designed to address national safety 

7 concerns and circumstances. 

8 ‘‘(2) The Secretary may designate up to 10 per9 cent of the amounts made available under section 

10 103(b)(3) of the Motor Carrier Safety Reauthoriza11 tion Act of 2005 in a fiscal year for high-priority ac12 tivities under subsection (e)(1). 

13 ‘‘(f) EMERGING ISSUES.—The Secretary may des14 ignate up to 10 percent of the amounts made available 

15 under section 103(b)(3) of the Motor Carrier Safety Reau16 thorization Act of 2005 in a fiscal year for allocation to 

17 a State agency, local government, or other person at the 

18 discretion of the Secretary to address emerging issues re19 lating to commercial driver’s license improvements. 

20 ‘‘(g) APPORTIONMENT.—Except as otherwise pro21 vided in subsections (e) and (f), all amounts available in 

22 a fiscal year to carry out this section shall be apportioned 

23 to States according to a formula prescribed by the Sec24 retary. 
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1 ‘‘(h) DEDUCTION FOR ADMINISTRATIVE EX2 PENSES.—On October 1 of each fiscal year or as soon 

3 after that date as practicable, the Secretary may deduct, 

4 from amounts made available under section 103(b)(3) of 

5 the Motor Carrier Safety Reauthorization Act of 2005 for 

6 that fiscal year, up to 0.75 percent of those amounts for 

7 administrative expenses incurred in carrying out this sec8 tion in that fiscal year.’’. 

9 (b) CLERICAL AMENDMENT.—The chapter analysis 

10 for chapter 313 is amended by inserting the following 

11 after the item relating to section 31317:

‘‘31318. Grants for commercial driver’s license program improvements.’’.

12 SEC. 154. MODERNIZATION OF CDL INFORMATION SYSTEM. 

13 (a) INFORMATION SYSTEM MODERNIZATION AC14 COUNT.—Section 31309 of title 49, United States Code, 

15 is amended—

16 (1) by striking ‘‘The Secretary’’ in the last sen17 tence of subsection (a) and inserting ‘‘Except as pro18 vided in subsection (e), the Secretary’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(e) INFORMATION SYSTEM MODERNIZATION AC21 COUNT.—

22 ‘‘(1) ESTABLISHMENT.—The Secretary of 

23 Transportation shall establish an account to be 

24 known as the Information System Modernization Ac25 count. 
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1 ‘‘(2) CREDITS.—Fees collected for any fiscal 

2 year beginning after fiscal year 2006 under sub3 section (d) by the Secretary of Transportation, or an 

4 organization that represents the interests of the 

5 States, in excess of the costs of operating the infor6 mation system in that fiscal year shall be and cred7 ited to the Information System Modernization Ac8 count. 

9 ‘‘(3) USE OF FUNDS.—Amounts credited to the 

10 Information System Modernization Account shall be 

11 available exclusively for the purpose of modernizing 

12 the information system under subsection (f).’’. 

13 (b) MODERNIZATION PLAN.—Section 31309 of title 

14 49, United States Code, is further amended by adding at 

15 the end the following: 

16 ‘‘(f) MODERNIZATION PLAN.—

17 ‘‘(1) IN GENERAL.—The Secretary shall develop 

18 a comprehensive plan for modernization of the infor19 mation system that—

20 ‘‘(A) complies with applicable Federal in21 formation technology security standards; 

22 ‘‘(B) provides for the electronic exchange 

23 of all information including the posting of con24 victions; 
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1 ‘‘(C) contains self auditing features to en2 sure that data is being posted correctly and 

3 consistently by the States; 

4 ‘‘(D) integrates the commercial driver’s li5 cense and the medical certificate; and 

6 ‘‘(E) provides a schedule for modernization 

7 of the system. 

8 ‘‘(2) COMPETITIVE CONTRACTING.—The Sec9 retary may use non-Federal entities selected by an 

10 open, merit-based, competitive process to develop 

11 and implement the modernization plan. 

12 ‘‘(3) STATE PARTICIPATION.—

13 ‘‘(A) DEADLINE.—The Secretary shall es14 tablish a date by which each State must convert 

15 to the new information system. 

16 ‘‘(B) FUNDING.—A State may use funds 

17 made available under section 31318 of this title 

18 to develop or modify its system to be compatible 

19 with the modernized information system devel20 oped by the Secretary under this subsection.’’. 

21 (c) BASELINE AUDIT.—Within 1 year after the date 

22 of enactment of this Act, the Inspector General of the De23 partment of Transportation shall perform a baseline audit 

24 of the information system maintained under section 31309 

25 of title 49, United States Code. The audit shall include—
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1 (1) an assessment of the validity of date in the 

2 information system on a State-by-State basis; 

3 (2) an assessment of the extent to which convic4 tions are validly posted on a driver’s record; 

5 (3) recommendations to the Secretary of Trans6 portation on how to update the baseline audit annu7 ally to ensure that any shortcomings in the informa8 tion system are addressed, and a methodology for 

9 conducting the update; and 

10 (4) identification, on a State-by-State basis, any 

11 actions that the Inspector General finds necessary to 

12 improve the integrity of data collected by the system 

13 and to ensure the proper posting of convictions. 

14 TITLE II—HIGHWAY AND 

15 VEHICULAR SAFETY 

16 SEC. 201. SHORT TITLE. 

17 This title may be cited as the ‘‘Highway and Vehic18 ular Safety Reauthorization Act of 2005’’. 

19 Subtitle A—Highway Safety Grant 

20 Program 

21 SEC. 211. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Highway Safety 

23 Grant Program Reauthorization Act of 2005’’. 
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1 SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) AMOUNTS FOR FISCAL YEARS 2006 THROUGH

3 2009.—There are authorized to be appropriated from the 

4 Highway Trust Fund (other than the Mass Transit Ac5 count) to the Secretary of Transportation for the National 

6 Highway Traffic Safety Administration the following: 

7 (1) To carry out the Highway Safety Programs 

8 under section 402 of title 23, United States Code, 

9 $222,732,000 in fiscal year 2006, $223,791,000 in 

10 fiscal year 2007, $236,088,000 in fiscal year 2008, 

11 and $241,418,000 in fiscal year 2009. 

12 (2) To carry out the Highway Safety Research 

13 and Outreach Programs under section 403 of title 

14 23, United States Code, $141,852,000 in fiscal year 

15 2006, $142,323,000 in fiscal year 2007, 

16 $141,560,000 in fiscal year 2008, and $141,952,000 

17 in fiscal year 2009. 

18 (3) To carry out the Occupant Protection Pro19 grams under section 405 of title 23, United States 

20 Code, $154,295,000 in fiscal year 2006, 

21 $154,420,000 in fiscal year 2007, $154,133,000 in 

22 fiscal year 2008, and $153,615,000 in fiscal year 

23 2009. 

24 (4) To carry out the Demonstration Programs 

25 related to older drivers, law enforcement, and motor26 cycle training under section 406 of title 23, United 
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1 States Code, $7,400,000 in each of fiscal years 2006 

2 through 2009. 

3 (5) To carry out the Emergency Medical Serv4 ices Program under section 407A of title 23, United 

5 States Code, $5,000,000 in each of fiscal years 2006 

6 through 2009. 

7 (6) To carry out the Impaired Driving Program 

8 under section 410 of title 23, United States Code, 

9 $115,721,000 in fiscal year 2006, $129,065,000 in 

10 fiscal year 2007, $134,819,000 in fiscal year 2008, 

11 and $147,615,000 in fiscal year 2009. 

12 (7) To carry out the State Traffic Safety Infor13 mation System Improvements under section 412 of 

14 title 23, United States Code, $45,000,000 in each of 

15 fiscal years 2006 through 2009. 

16 (8) To carry out chapter 303 of title 49, United 

17 States Code, $4,000,000 for each of fiscal years 

18 2006 through 2009, to be available for obligation in 

19 the same manner as if such funds were apportioned 

20 under chapter 1 of title 23, United States Code. 

21 (b) PROHIBITION ON OTHER USES.—Except as oth22 erwise provided in this subtitle, the amounts allocated 

23 from the Highway Trust Fund for programs provided for 

24 in chapter 4 of title 23, United States Code, shall only 
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1 be used for such programs and may not be used by States 

2 or local governments for construction purposes. 

3 (c) PROPORTIONAL INCREASES.—For each fiscal 

4 year from 2006 through 2009, if revenue to the Highway 

5 Trust Fund increases above the amounts for each such 

6 fiscal year assumed in the fiscal year 2006 joint budget 

7 resolution, then the amounts made available in such year 

8 for the programs in sections 402, 403, 405, and 410 shall 

9 increase by the same percentage. If revenue to the High10 way Trust Fund for a fiscal year is lower than the 

11 amounts for such fiscal year assumed in the fiscal year 

12 2006 joint budget resolution, then the amounts authorized 

13 to be made available in such year for those programs shall 

14 not decrease. 

15 SEC. 213. HIGHWAY SAFETY PROGRAMS. 

16 (a) PROGRAMS TO BE INCLUDED.— 

17 (1) MOTOR VEHICLE AIRBAGS PUBLIC AWARE18 NESS.—Section 402(a)(2) is amended by striking 

19 ‘‘vehicles and to increase public awareness of the 

20 benefit of motor vehicles equipped with airbags,’’ 

21 and inserting ‘‘vehicles,’’. 

22 (2) AGRESSIVE DRIVING.—Section 402(a) is 

23 further amended—

24 (A) by redesignating clause (6) as clause 

25 (8); 
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1 (B) by inserting after ‘‘involving school 

2 buses,’’ at the end of clause (5) the following: 

3 ‘‘(6) to reduce aggressive driving and to educate 

4 drivers about defensive driving, (7) to reduce 

5 accidents resulting from fatigued and distracted 

6 drivers, including distractions arising from the 

7 use of electronic devices in vehicles,’’; and 

8 (C) by inserting ‘‘aggressive driving, dis9 tracted driving,’’ after ‘‘school bus accidents,’’. 

10 (b) APPORTIONMENT.— 

11 (1) TRIBAL GOVERNMENT PROGRAMS.—Section 

12 402(c) is amended by striking ‘‘three-fourths of 1 

13 percent’’ and inserting ‘‘2 percent’’. 

14 (c) LAW ENFORCEMENT CHASE TRAINING.—Section 

15 402 is amended by adding at the end the following: 

16 ‘‘(l) LIMITATION RELATING TO LAW ENFORCEMENT

17 VEHICULAR PURSUIT TRAINING.—No State may receive 

18 any funds available for fiscal years after fiscal year 2007 

19 for programs under this chapter until the State submits 

20 to the Secretary a written statement that the State ac21 tively encourages all relevant law enforcement agencies in 

22 that State to follow the guidelines established for vehicular 

23 pursuit issued by the International Association of Chiefs 

24 of Police that are in effect on the date of enactment of 

25 the Highway Safety Grant Program Reauthorization Act 
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1 of 2005, or as revised and in effect after that date as de2 termined by the Secretary. 

3 ‘‘(m) CONSOLIDATION OF GRANT APPLICATIONS.—

4 The Secretary shall establish an approval process by which 

5 a State may apply for all grants included under this chap6 ter through a single application with a single annual dead7 line. The Bureau of Indian Affairs shall establish a simi8 larly simplified process for applications from Indian tribes. 

9 ‘‘(n) ADMINISTRATIVE EXPENSES.—Funds author10 ized to be appropriated to carry out this section shall be 

11 subject to a deduction, not to exceed 5 percent of the 

12 amount of such funds, for the necessary costs of admin13 istering the provisions of this section, section 405, section 

14 407A, section 410, and section 412 of this chapter.’’. 

15 SEC. 214. HIGHWAY SAFETY RESEARCH AND OUTREACH 

16 PROGRAMS. 

17 (a) REVISED AUTHORITY AND REQUIREMENTS.—

18 Section 403 is amended to read as follows: 

19 ‘‘§ 403. Highway safety research and development 

20 ‘‘(a) AUTHORITY OF THE SECRETARY.—The Sec21 retary is authorized to use funds appropriated to carry 

22 out this section to—

23 ‘‘(1) conduct research on all phases of highway 

24 safety and traffic conditions, including accident cau-
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1 sation, highway or driver characteristics, commu2 nications, and emergency care; 

3 ‘‘(2) conduct ongoing research into driver be4 havior and its effect on traffic safety; 

5 ‘‘(3) conduct research on, launch initiatives to 

6 counter, and conduct demonstration projects on fa7 tigued driving by drivers of motor vehicles and dis8 tracted driving in such vehicles, including the effect 

9 that the use of electronic devices and other factors 

10 deemed relevant by the Secretary have on driving; 

11 ‘‘(4) conduct training or education programs in 

12 cooperation with other Federal departments and 

13 agencies, States, private sector persons, highway 

14 safety personnel, and law enforcement personnel; 

15 ‘‘(5) conduct research on, and evaluate the ef16 fectiveness of, traffic safety countermeasures, includ17 ing seat belts and impaired driving initiatives; 

18 ‘‘(6) conduct research on, evaluate, and develop 

19 best practices related to driver education programs, 

20 including driver education curricula, instructor train21 ing and certification, program administration and 

22 delivery mechanisms, and make recommendations for 

23 harmonizing driver education and multistage grad24 uated licensing systems; 
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1 ‘‘(7) conduct research, training, and education 

2 programs related to older drivers; and 

3 ‘‘(8) conduct demonstration projects. 

4 ‘‘(b) NATIONWIDE TRAFFIC SAFETY CAMPAIGNS.— 

5 ‘‘(1) REQUIREMENT FOR CAMPAIGNS.—The Ad6 ministrator of the National Highway Traffic Safety 

7 Administration shall establish and administer a pro8 gram under which at least 2 high-visibility traffic 

9 safety law enforcement campaigns will be carried out 

10 for the purposes specified in paragraph (2) in each 

11 of years 2006 through 2009. 

12 ‘‘(2) PURPOSE.—The purpose of each law en13 forcement campaign is to achieve either or both of 

14 the following objectives: 

15 ‘‘(A) Reduce alcohol-impaired or drug-im16 paired operation of motor vehicles. 

17 ‘‘(B) Increase use of seat belts by occu18 pants of motor vehicles. 

19 ‘‘(3) ADVERTISING.—The Administrator may 

20 use, or authorize the use of, funds available under 

21 this section to pay for the development, production, 

22 and use of broadcast and print media advertising in 

23 carrying out traffic safety law enforcement cam24 paigns under this subsection. Consideration shall be 

25 given to advertising directed at non-English speak-
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1 ing populations, including those who listen, read, or 

2 watch nontraditional media. 

3 ‘‘(4) COORDINATION WITH STATES.—The Ad4 ministrator shall coordinate with the States in car5 rying out the traffic safety law enforcement cam6 paigns under this subsection, including advertising 

7 funded under paragraph (3), with a view to—

8 ‘‘(A) relying on States to provide the law 

9 enforcement resources for the campaigns out of 

10 funding available under this section and sec11 tions 402, 405, and 410 of this title; and 

12 ‘‘(B) providing out of National Highway 

13 Traffic Safety Administration resources most of 

14 the means necessary for national advertising 

15 and education efforts associated with the law 

16 enforcement campaigns. 

17 ‘‘(5) ANNUAL EVALUATION.—The Secretary 

18 shall conduct an annual evaluation of the effective19 ness of such initiatives. 

20 ‘‘(6) FUNDING.—The Secretary shall use 

21 $24,000,000 in each of fiscal years 2006 through 

22 2009 for advertising and educational initiatives to be 

23 carried out nationwide in support of the campaigns 

24 under this section. 

25 ‘‘(c) INTERNATIONAL COOPERATION.— 
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1 ‘‘(1) AUTHORITY.—The Administrator of the 

2 National Highway Traffic Safety Administration 

3 may participate and cooperate in international ac4 tivities to enhance highway safety. 

5 ‘‘(2) AMOUNT FOR PROGRAM.—Of the amount 

6 available for a fiscal year to carry out this section, 

7 $200,000 may be used for activities authorized 

8 under paragraph (1).’’. 

9 (b) SPECIFIC RESEARCH PROGRAMS.—

10 (1) REQUIRED PROGRAMS.—The Secretary shall 

11 conduct research under section 403 of title 23, 

12 United States Code, on the following: 

13 (A) EFFECTS OF USE OF CONTROLLED

14 SUBSTANCES.—A study on the effects of the 

15 use of controlled substances on driver behavior 

16 to determine—

17 (i) methodologies for measuring driver 

18 impairment resulting from use of the most 

19 common controlled substances (including 

20 the use of such substances in combination 

21 with alcohol); and 

22 (ii) effective and efficient methods for 

23 training law enforcement personnel to de24 tect or measure the level of impairment of 

25 a driver who is under the influence of a 
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1 controlled substance by the use of tech2 nology or otherwise. 

3 The Secretary may develop model State legisla4 tion based on research conducted under this 

5 subparagraph. 

6 (B) ON-SCENE MOTOR VEHICLE COLLISION

7 CAUSATION.—A nationally representative study 

8 to collect on-scene motor vehicle collision data, 

9 and to determine crash causation, for which the 

10 Secretary shall enter into a contract with the 

11 National Academy of Sciences to conduct a re12 view of the research, design, methodology, and 

13 implementation of the study. 

14 (C) TOLL FACILITIES WORKPLACE SAFE15 TY.—A study on the safety of highway toll col16 lection facilities, including toll booths, con17 ducted in cooperation with State and local high18 way safety organizations to determine the safe19 ty of highway toll collection facilities for the toll 

20 collectors who work in and around such facili21 ties and to develop best practices that would be 

22 of benefit to State and local highway safety or23 ganizations. The study shall consider—

24 (i) any problems resulting from design 

25 or construction of facilities that contribute 
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1 to the occurrence of vehicle collisions with 

2 the facilities; 

3 (ii) the safety of crosswalks used by 

4 toll collectors in transit to and from toll 

5 booths; 

6 (iii) the extent of the enforcement of 

7 speed limits at and in the vicinity of toll 

8 facilities; 

9 (iv) the use of warning devices, such 

10 as vibration and rumble strips, to alert 

11 drivers approaching toll facilities; 

12 (v) the use of cameras to record traf13 fic violations in the vicinity of toll facilities; 

14 (vi) the use of traffic control arms in 

15 the vicinity of toll facilities; 

16 (vii) law enforcement practices and ju17 risdictional issues that affect safety at and 

18 in the vicinity of toll facilities; and 

19 (viii) data (which shall be collected in 

20 conducting the research) regarding the in21 cidence of accidents and injuries at and 

22 around toll booth facilities. 

23 (2) TIME FOR COMPLETION OF STUDIES.—The 

24 studies conducted in subparagraphs (A), (B), and 

25 (C) of paragraph (1) may be conducted in concert 
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1 with other Federal departments and agencies with 

2 relevant expertise. The Secretary shall submit an an3 nual report to the Senate Committee on Commerce, 

4 Science, and Transportation and the House of Rep5 resentatives Committee on Transportation and In6 frastructure on the progress of each study conducted 

7 under this subsection. 

8 (3) REPORTS.—Not later than 2 years after the 

9 date of enactment of this Act, the Secretary shall 

10 submit a report on the studies to the Senate Com11 mittee on Commerce, Science, and Transportation 

12 and the House of Representatives Committee on 

13 Transportation and Infrastructure. 

14 (4) RESEARCH ON DISTRACTED, INATTENTIVE, 

15 AND FATIGUED DRIVERS.—In conducting research 

16 under section 403(a)(3) of title 23, United States 

17 Code, the Secretary shall carry out not less than 2 

18 demonstration projects to evaluate new and innova19 tive means of combating traffic system problems 

20 caused by distracted, inattentive, or fatigued drivers. 

21 The demonstration projects shall be in addition to 

22 any other research carried out under this subsection. 

23 (5) PEDESTRIAN SAFETY.— 

24 (A) IN GENERAL.—The Secretary of 

25 Transportation shall— 
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1 (i) produce a comprehensive report on 

2 pedestrian safety that builds on the cur3 rent level of knowledge of pedestrian safety 

4 countermeasures by identifying the most 

5 effective advanced technology and intel6 ligent transportation systems, such as 

7 automated pedestrian detection and warn8 ing systems (infrastructure-based and vehi9 cle-based), road design, and vehicle struc10 tural design that could potentially mitigate 

11 the crash forces on pedestrians in the 

12 event of a crash; and 

13 (ii) include in the report recommenda14 tions on how new technological develop15 ments could be incorporated into edu16 cational and enforcement efforts and how 

17 they could be integrated into national de18 sign guidelines developed by the American 

19 Association of State Highway and Trans20 portation Officials. 

21 (B) DUE DATE.—The Secretary shall com22 plete the report not less than 2 years after the 

23 date of enactment of this Act and transmit a 

24 copy of the report to the Senate Committee on 

25 Commerce, Science, and Transportation and the 
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1 House of Representatives Committee on Trans2 portation and Infrastructure. 

3 (6) STUDY ON REFUSAL OF INTOXICATION

4 TESTING.— 

5 (A) REQUIREMENT FOR STUDY.—In addi6 tion to studies under section 403 of title 23, 

7 United States Code, the Secretary of Transpor8 tation shall carry out a study of the frequency 

9 with which persons arrested for the offense of 

10 operating a motor vehicle under the influence of 

11 alcohol and persons arrested for the offense of 

12 operating a motor vehicle while intoxicated 

13 refuse to take a test to determine blood alcohol 

14 concentration levels and the effect such refusals 

15 have on the ability of States to prosecute such 

16 persons for those offenses. 

17 (B) CONSULTATION.—In carrying out the 

18 study under this paragraph, the Secretary shall 

19 consult with the Governors of the States, the 

20 States’ Attorneys General, and the United 

21 States Sentencing Commission. 

22 (C) REPORT.— 

23 (i) REQUIREMENT FOR REPORT.—Not 

24 later than 1 year after the date of the en25 actment of this Act, the Secretary shall 
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1 submit a report on the results of the study 

2 to the Senate Committee on Commerce, 

3 Science, and Transportation and the 

4 House of Representatives Committee on 

5 Transportation and Infrastructure. 

6 (ii) CONTENT.—The report shall in7 clude any recommendation for legislation, 

8 including any recommended model State 

9 legislation, and any other recommendations 

10 that the Secretary considers appropriate 

11 for implementing a program designed to 

12 decrease the occurrence refusals by ar13 rested persons to submit to a test to deter14 mine blood alcohol concentration levels. 

15 SEC. 215. NATIONAL HIGHWAY SAFETY ADVISORY COM16 MITTEE TECHNICAL CORRECTION. 

17 Section 404(d) is amended by striking ‘‘Commerce’’ 

18 and inserting ‘‘Transportation’’. 

19 SEC. 216. OCCUPANT PROTECTION GRANTS. 

20 (a) IN GENERAL.—Section 405 is amended to read 

21 as follows: 

22 ‘‘§ 405. Safety belt performance grants 

23 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

24 shall make grants to States in accordance with the provi25 sions of this section to encourage the enactment and en-
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1 forcement of laws requiring the use of safety belts in pas2 senger motor vehicles. 

3 ‘‘(b) GRANTS FOR ENACTING PRIMARY SAFETY

4 BELT USE LAWS.—

5 ‘‘(1) IN GENERAL.—The Secretary shall make a 

6 single grant to each State that either—

7 ‘‘(A) enacts for the first time after Decem8 ber 31, 2002, has in effect, and is enforcing a 

9 conforming primary safety belt use law for all 

10 passenger motor vehicles; or 

11 ‘‘(B) in the case of a State that does not 

12 have such a primary safety belt use law, has a 

13 State safety belt use rate for each of the 2 cal14 endar years immediately preceding the fiscal 

15 year of a grant of 90 percent or more, as meas16 ured under criteria determined by the Sec17 retary. 

18 ‘‘(2) AMOUNT.—The amount of a grant avail19 able to a State in fiscal year 2006 or in a subse20 quent fiscal year under paragraph (1) of this sub21 section is equal to 500 percent of the amount appor22 tioned to the State for fiscal year 2003 under sec23 tion 402(c) of this title. 

24 ‘‘(3) JULY 1 CUT-OFF.—For the purpose of de25 termining the eligibility of a State for a grant under 
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1 paragraph (1)(A), a primary safety belt use law en2 acted after June 30th of any year shall—

3 ‘‘(A) not be considered to have been en4 acted in the Federal fiscal year in which that 

5 June 30th falls; but 

6 ‘‘(B) be considered as if it were enacted 

7 after the beginning of the next Federal fiscal 

8 year. 

9 ‘‘(4) SHORTFALL.—If the total amount of 

10 grants provided for by this subsection for a fiscal 

11 year exceeds the amount of funds available for such 

12 grants for that fiscal year, then the Secretary shall 

13 make grants under this subsection to States in the 

14 order in which—

15 ‘‘(A) the primary safety belt use law came 

16 into effect; or 

17 ‘‘(B) the State’s safety belt use rate was 

18 90 percent or more for 2 consecutive calendar 

19 years (as measured by criteria determined by 

20 the Secretary), 

21 whichever first occurs. 

22 ‘‘(5) CATCH-UP GRANTS.—The Secretary shall 

23 make a grant to any State eligible for a grant under 

24 this subsection that did not receive a grant for a fis25 cal year because of the application of paragraph (4), 
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1 in the next fiscal year if the State’s primary safety 

2 belt use law remains in effect or its safety belt use 

3 rate is 90 percent or more for the 2 consecutive cal4 endar years preceding such next fiscal year (subject 

5 to paragraph (4)). 

6 ‘‘(c) GRANTS FOR PRE-2003 LAWS.—To the extent 

7 that amounts made available for any of fiscal years 2006 

8 through 2009 exceed the total amounts to be awarded 

9 under subsection (b) for the fiscal year, including amounts 

10 to be awarded for catch-up grants under subsection (b)(5), 

11 the Secretary shall make a single grant to each State that 

12 enacted, has is effect, and is enforcing a primary safety 

13 belt use law for all passenger motor vehicles that was in 

14 effect before January 1, 2003. The amount of a grant 

15 available to a State under this subsection shall be equal 

16 to 250 percent of the amount of funds apportioned to the 

17 State under section 402(c) of this title for fiscal year 

18 2003. The Secretary may award the grant in up to 4 in19 stallments over a period of 4 fiscal years beginning with 

20 fiscal year 2006. 

21 ‘‘(d) ALLOCATION OF UNUSED GRANT FUNDS.—The 

22 Secretary shall make additional grants under this section 

23 of any amounts available for grants under this section 

24 that, on July 1, 2009, are neither obligated nor expended. 

25 The additional grants made under this subsection shall be 
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1 allocated among all States that, as of that date, have en2 acted, have in effect, and are enforcing primary safety belt 

3 laws for all passenger motor vehicles. The allocations shall 

4 be made in accordance with the formula for apportioning 

5 funds among the States under section 402(c) of this title. 

6 ‘‘(e) USE OF GRANT FUNDS.—

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

8 State may use a grant under this section for any 

9 safety purpose under this title or for any project 

10 that corrects or improves a hazardous roadway loca11 tion or feature or proactively addresses highway 

12 safety problems, including—

13 ‘‘(A) intersection improvements; 

14 ‘‘(B) pavement and shoulder widening; 

15 ‘‘(C) installation of rumble strips and 

16 other warning devices; 

17 ‘‘(D) improving skid resistance; 

18 ‘‘(E) improvements for pedestrian or bicy19 clist safety; 

20 ‘‘(F) railway-highway crossing safety; 

21 ‘‘(G) traffic calming; 

22 ‘‘(H) the elimination of roadside obstacles; 

23 ‘‘(I) improving highway signage and pave24 ment marking; 
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1 ‘‘(J) installing priority control systems for 

2 emergency vehicles at signalized intersections; 

3 ‘‘(K) installing traffic control or warning 

4 devices at locations with high accident potential; 

5 ‘‘(L) safety-conscious planning; and 

6 ‘‘(M) improving crash data collection and 

7 analysis. 

8 ‘‘(2) SAFETY ACTIVITY REQUIREMENT.—Not9 withstanding paragraph (1), the Secretary shall en10 sure that at least $1,000,000,000 of amounts re11 ceived by States under this section are obligated or 

12 expended for safety activities under this chapter. 

13 ‘‘(f) CARRY-FORWARD OF EXCESS FUNDS.—If the 

14 amount available for grants under this section for any fis15 cal year exceeds the sum of the grants made under this 

16 section for that fiscal year, the excess amount and 

17 obligational authority shall be carried forward and made 

18 available for grants under this section in the succeeding 

19 fiscal year. 

20 ‘‘(g) FEDERAL SHARE.—The Federal share payable 

21 for grants under this subsection is 100 percent. 

22 ‘‘(h) PASSENGER MOTOR VEHICLE DEFINED.—In 

23 this section, the term ‘passenger motor vehicle’ means—

24 ‘‘(1) a passenger car, 

25 ‘‘(2) a pickup truck, 
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1 ‘‘(3) a van, minivan, or sport utility vehicle, 

2 with a gross vehicle weight rating of less than 10,000 

3 pounds.’’. 

4 (b) CONFORMING AMENDMENT.—The chapter anal5 ysis for chapter 4 is amended by striking the item relating 

6 to section 405 and inserting the following:

‘‘405. Safety belt performance grants.’’.

7 SEC. 217. OLDER DRIVER SAFETY; LAW ENFORCEMENT 

8 TRAINING. 

9 (a) IN GENERAL.—Section 406 is amended to read 

10 as follows: 

11 ‘‘§ 406. Older driver safety; law enforcement training 

12 ‘‘(a) IMPROVING OLDER DRIVER SAFETY.— 

13 ‘‘(1) IN GENERAL.—Of the funds made avail14 able under this section, the Secretary shall allocate 

15 $2,000,000 in each of fiscal years 2006 through 

16 2009 to conduct a comprehensive research and dem17 onstration program to improve traffic safety per18 taining to older drivers. The program shall—

19 ‘‘(A) provide information and guidelines to 

20 assist physicians and other related medical per21 sonnel, families, licensing agencies, enforcement 

22 officers, and various public and transit agencies 

23 in enhancing the safety of older drivers; 

24 ‘‘(B) improve the scientific basis of medical 

25 standards and screenings strategies used in the 
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1 licensing of all drivers in a non-discriminatory 

2 manner; 

3 ‘‘(C) conduct field tests to assess the safe4 ty benefits and mobility impacts of different 

5 driver licensing strategies and driver assess6 ment and rehabilitation methods; 

7 ‘‘(D) assess the value and improve the 

8 safety potential of driver retraining courses of 

9 particular benefit to older drivers; and 

10 ‘‘(E) conduct other activities to accomplish 

11 the objectives of this section. 

12 ‘‘(2) FORMULATION OF PLAN.—After consulta13 tion with affected parties, the Secretary shall formu14 late an older driver traffic safety plan to guide the 

15 design and implementation of this program. The 

16 plan shall be submitted to the House of Representa17 tives Committee on Transportation and Infrastruc18 ture and the Senate Committee on Commerce, 

19 Science, and Transportation within 1 year after the 

20 date of enactment of the Highway Safety Grant Pro21 gram Reauthorization Act of 2005. 

22 ‘‘(b) LAW ENFORCEMENT TRAINING.— 

23 ‘‘(1) REQUIREMENT FOR PROGRAM.—The Ad24 ministrator of the National Highway Traffic Safety 

25 Administration shall carry out a program to train 
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1 law enforcement personnel of each State and polit2 ical subdivision thereof in police chase techniques 

3 that are consistent with the police chase guidelines 

4 issued by the International Association of Chiefs of 

5 Police. 

6 ‘‘(2) AMOUNT FOR PROGRAM.—Of the amount 

7 available for a fiscal year to carry out this section, 

8 $200,000 shall be available for carrying out this 

9 subsection.’’. 

10 (b) CONFORMING AMENDMENT.—The chapter anal11 ysis for chapter 4 is amended by striking the item relating 

12 to section 406 and inserting the following:

‘‘406. Older driver safety; law enforcement training.’’.

13 SEC. 218. EMERGENCY MEDICAL SERVICES. 

14 (a) FEDERAL COORDINATION AND ENHANCED SUP15 PORT OF EMERGENCY MEDICAL SERVICES.—Chapter 4 is 

16 amended by inserting after section 407 the following: 

17 ‘‘§ 407A. Federal coordination and enhanced support 

18 of emergency medical services 

19 ‘‘(a) FEDERAL INTERAGENCY COMMITTEE ON EMER20 GENCY MEDICAL SERVICES.— 

21 ‘‘(1) ESTABLISHMENT.—The Secretary of 

22 Transportation and the Secretary of Homeland Se23 curity, through the Under Secretary for Emergency 

24 Preparedness and Response, shall establish a Fed25 eral Interagency Committee on Emergency Medical 
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1 Services. In establishing the Interagency Committee, 

2 the Secretary of Transportation and the Secretary of 

3 Homeland Security through the Under Secretary for 

4 Emergency Preparedness and Response shall consult 

5 with the Secretary of Health and Human Services. 

6 ‘‘(2) MEMBERSHIP.—The Interagency Com7 mittee shall consist of the following officials, or their 

8 designees: 

9 ‘‘(A) The Administrator, National High10 way Traffic Safety Administration. 

11 ‘‘(B) The Director, Preparedness Division, 

12 Emergency Preparedness and Response Direc13 torate, Department of Homeland Security. 

14 ‘‘(C) The Administrator, Health Resources 

15 and Services Administration, Department of 

16 Health and Human Services. 

17 ‘‘(D) The Director, Centers for Disease 

18 Control and Prevention, Department of Health 

19 and Human Services. 

20 ‘‘(E) The Administrator, United States 

21 Fire Administration, Emergency Preparedness 

22 and Response Directorate, Department of 

23 Homeland Security. 
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1 ‘‘(F) The Director, Center for Medicare 

2 and Medicaid Services, Department of Health 

3 and Human Services. 

4 ‘‘(G) The Undersecretary of Defense for 

5 Personnel and Readiness. 

6 ‘‘(H) The Director, Indian Health Service, 

7 Department of Health and Human Services. 

8 ‘‘(I) The Chief, Wireless Telecom Bureau, 

9 Federal Communications Commission. 

10 ‘‘(J) A representative of any other Federal 

11 agency identified by the Secretary of Transpor12 tation or the Secretary of Homeland Security 

13 through the Under Secretary for Emergency 

14 Preparedness and Response, in consultation 

15 with the Secretary of Health and Human Serv16 ices, as having a significant role in relation to 

17 the purposes of the Interagency Committee. 

18 ‘‘(3) PURPOSES.—The purposes of the Inter19 agency Committee are as follows: 

20 ‘‘(A) To ensure coordination among the 

21 Federal agencies involved with State, local, trib22 al, or regional emergency medical services and 

23 9–1–1 systems. 
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1 ‘‘(B) To identify State, local, tribal, or re2 gional emergency medical services and 9–1–1 

3 needs. 

4 ‘‘(C) To recommend new or expanded pro5 grams, including grant programs, for improving 

6 State, local, tribal, or regional emergency med7 ical services and implementing improved emer8 gency medical services communications tech9 nologies, including wireless 9–1–1. 

10 ‘‘(D) To identify ways to streamline the 

11 process through which Federal agencies support 

12 State, local, tribal or regional emergency med13 ical services. 

14 ‘‘(E) To assist State, local, tribal or re15 gional emergency medical services in setting 

16 priorities based on identified needs. 

17 ‘‘(F) To advise, consult, and make rec18 ommendations on matters relating to the imple19 mentation of the coordinated State emergency 

20 medical services programs. 

21 ‘‘(4) ADMINISTRATION.—The Administrator of 

22 the National Highway Traffic Safety Administra23 tion, in cooperation with the Director, Preparedness 

24 Division, Emergency Preparedness and Response Di25 rectorate, Department of Homeland Security, shall 
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1 provide administrative support to the Interagency 

2 Committee, including scheduling meetings, setting 

3 agendas, keeping minutes and records, and pro4 ducing reports. 

5 ‘‘(5) LEADERSHIP.—The members of the Inter6 agency Committee shall select a chairperson of the 

7 Committee annually. 

8 ‘‘(6) MEETINGS.—The Interagency Committee 

9 shall meet as frequently as is determined necessary 

10 by the chairperson of the Committee. 

11 ‘‘(7) ANNUAL REPORTS.—The Interagency 

12 Committee shall prepare an annual report to Con13 gress on the Committee’s activities, actions, and rec14 ommendations. 

15 ‘‘(b) COORDINATED NATIONWIDE EMERGENCY MED16 ICAL SERVICES PROGRAM.— 

17 ‘‘(1) PROGRAM REQUIREMENT.—The Secretary 

18 of Transportation, acting through the Administrator 

19 of the National Highway Traffic Safety Administra20 tion, shall coordinate with officials of other Federal 

21 departments and agencies, and may assist State and 

22 local governments and emergency medical services 

23 organizations (whether or not a firefighter organiza24 tion), private industry, and other interested parties, 

25 to ensure the development and implementation of a 
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1 coordinated nationwide emergency medical services 

2 program that is designed to strengthen transpor3 tation safety and public health and to implement im4 proved emergency medical services communication 

5 systems, including 9–1–1. 

6 ‘‘(2) COORDINATED STATE EMERGENCY MED7 ICAL SERVICES PROGRAM.—Each State shall estab8 lish a program, to be approved by the Secretary, to 

9 coordinate the emergency medical services and re10 sources deployed throughout the State, so as to en11 sure—

12 ‘‘(A) improved emergency medical services 

13 communication systems, including 9–1–1; 

14 ‘‘(B) utilization of established best prac15 tices in system design and operations; 

16 ‘‘(C) implementation of quality assurance 

17 programs; and 

18 ‘‘(D) incorporation of data collection and 

19 analysis programs that facilitate system devel20 opment and data linkages with other systems 

21 and programs useful to emergency medical serv22 ices. 

23 ‘‘(3) ADMINISTRATION OF STATE PROGRAMS.—

24 The Secretary may not approve a coordinated State 
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1 emergency medical services program under this sub2 section unless the program—

3 ‘‘(A) provides that the Governor of the 

4 State is responsible for its administration 

5 through a State office of emergency medical 

6 services that has adequate powers and is suit7 ably equipped and organized to carry out such 

8 program and coordinates such program with the 

9 highway safety office of the State; and 

10 ‘‘(B) authorizes political subdivisions of the 

11 State to participate in and receive funds under 

12 such program, consistent with a goal of achiev13 ing statewide coordination of emergency medical 

14 services and 9–1–1 activities. 

15 ‘‘(4) FUNDING.— 

16 ‘‘(A) USE OF FUNDS.—Funds authorized 

17 to be appropriated to carry out this subsection 

18 shall be used to aid the States in conducting co19 ordinated emergency medical services and 9–1–

20 1 programs as described in paragraph (2). 

21 ‘‘(B) APPORTIONMENT.— 

22 ‘‘(i) APPORTIONMENT FORMULA.—

23 The funds shall be apportioned as follows: 

24 75 percent in the ratio that the population 

25 of each State bears to the total population 
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1 of all the States, as shown by the latest 

2 available Federal census, and 25 percent in 

3 the ratio that the public road mileage in 

4 each State bears to the total public road 

5 mileage in all States. For the purpose of 

6 this subparagraph, a ‘public road’ means 

7 any road under the jurisdiction of and 

8 maintained by a public authority and open 

9 to public travel. Public road mileage as 

10 used in this subsection shall be determined 

11 as of the end of the calendar year prior to 

12 the year in which the funds are appor13 tioned and shall be certified by the Gov14 ernor of the State and subject to approval 

15 by the Secretary. 

16 ‘‘(ii) MINIMUM APPORTIONMENT.—

17 The annual apportionment to each State 

shall not be less than 1 18 ⁄2 of 1 percent of 

19 the total apportionment, except that the 

20 apportionment to the Secretary of the Inte21 rior on behalf of Indian tribes shall not be 

less than 3 22 ⁄4 of 1 percent of the total ap23 portionment, and the apportionments to 

24 the Virgin Islands, Guam, American 

25 Samoa, and the Commonwealth of the 
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1 Northern Mariana Islands shall not be less 

than 1 2 ⁄4 of 1 percent of the total apportion3 ment. 

4 ‘‘(5) APPLICABILITY OF CHAPTER 1.—Section 

5 402(d) of this title shall apply in the administration 

6 of this subsection. 

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

8 the cost of a project or program funded under this 

9 subsection shall be 80 percent. 

10 ‘‘(7) APPLICATION IN INDIAN COUNTRY.— 

11 ‘‘(A) USE OF TERMS.—For the purpose of 

12 application of this subsection in Indian country, 

13 the terms ‘State’ and ‘Governor of the State’ 

14 include the Secretary of the Interior and the 

15 term ‘political subdivisions of the State’ in16 cludes an Indian tribe. 

17 ‘‘(B) INDIAN COUNTRY DEFINED.—In this 

18 subsection, the term ‘Indian country’ means—

19 ‘‘(i) all land within the limits of any 

20 Indian reservation under the jurisdiction of 

21 the United States, notwithstanding the 

22 issuance of any patent and including 

23 rights-of-way running through the reserva24 tion; 
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1 ‘‘(ii) all dependent Indian commu2 nities within the borders of the United 

3 States, whether within the original or sub4 sequently acquired territory thereof and 

5 whether within or without the limits of a 

6 State; and 

7 ‘‘(iii) all Indian allotments, the Indian 

8 titles to which have not been extinguished, 

9 including rights-of-way running through 

10 such allotments. 

11 ‘‘(c) STATE DEFINED.—In this section, the term 

12 ‘State’ means each of the 50 States, the District of Colum13 bia, Puerto Rico, the Virgin Islands, Guam, American 

14 Samoa, the Commonwealth of the Northern Mariana Is15 lands, and the Secretary of the Interior on behalf of In16 dian tribes. 

17 ‘‘(d) CONSTRUCTION WITH RESPECT TO DISTRICT

18 OF COLUMBIA.—In the administration of this section with 

19 respect to the District of Columbia, a reference in this 

20 section to the Governor of a State shall refer to the Mayor 

21 of the District of Columbia.’’. 

22 (b) CLERICAL AMENDMENT.—The chapter analysis 

23 for chapter 4 is amended by inserting after the item relat24 ing to section 407 the following:

‘‘407A. Federal coordination and enhanced support of emergency medical services.’’.
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1 SEC. 219. REPEAL OF AUTHORITY FOR ALCOHOL TRAFFIC 

2 SAFETY PROGRAMS. 

3 (a) REPEAL.—Section 408 is repealed. 

4 (b) CLERICAL AMENDMENT.—The chapter analysis 

5 for chapter 4 is amended by striking the item relating to 

6 section 408. 

7 SEC. 220. IMPAIRED DRIVING PROGRAM. 

8 (a) MAINTENANCE OF EFFORT.—Section 410(a)(2) 

9 is amended by striking ‘‘the Transportation Equity Act 

10 for the 21st Century’’ and inserting ‘‘the Highway Safety 

11 Grant Program Reauthorization Act of 2005’’. 

12 (b) REVISED GRANT AUTHORITY.—Section 410 is 

13 amended—

14 (1) by striking paragraph (3) of subsection (a) 

15 and redesignating paragraph (4) as paragraph (3); 

16 and 

17 (2) by striking subsections (b) through (f) and 

18 inserting the following: 

19 ‘‘(b) PROGRAM-RELATED ELIGIBILITY REQUIRE20 MENTS.—To be eligible for a grant under this section, a 

21 State shall—

22 ‘‘(1) for fiscal year 2006 or 2007, carry out 4 

23 of the programs required under subsection (c); 

24 ‘‘(2) for fiscal year 2008 or 2009, carry out 5 

25 of the programs required under subsection (c); and 

26 ‘‘(3) for any such fiscal year—
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1 ‘‘(A) comply with the additional require2 ments set forth in subsection (d) with respect 

3 to such programs and activities; and 

4 ‘‘(B) comply with any additional require5 ments of the Secretary. 

6 ‘‘(c) STATE PROGRAMS AND ACTIVITIES.—To qualify 

7 for a grant under this subsection, a State shall select pro8 grams from among the following: 

9 ‘‘(1) CHECK-POINT, SATURATION PATROL PRO10 GRAM.— 

11 ‘‘(A) A State program to conduct a series 

12 of high-visibility, Statewide law enforcement 

13 campaigns in which law enforcement personnel 

14 monitor for impaired driving, either through 

15 use of sobriety check-points or saturation pa16 trols, on a nondiscriminatory, lawful basis for 

17 the purpose of determining whether the opera18 tors of the motor vehicles are driving while 

19 under the influence of alcohol or controlled sub20 stances that meets the requirements of subpara21 graphs (B) and (C). 

22 ‘‘(B) A program meets the requirements of 

23 this subparagraph only if a State organizes the 

24 campaigns in cooperation with related periodic 

25 national campaigns organized by the National 
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1 Highway Traffic Safety Administration, but 

2 this subparagraph does not preclude a State 

3 from initiating sustained high-visibility, State4 wide law enforcement campaigns independently 

5 of the cooperative efforts. 

6 ‘‘(C) A program meets the requirements of 

7 this subparagraph only if, for each fiscal year, 

8 a State demonstrates to the Secretary that the 

9 State and the political subdivisions of the State 

10 that receive funds under this section have in11 creased, in the aggregate, the total number of 

12 impaired driving law enforcement activities at 

13 high incident locations, as described in subpara14 graph (A) (or any other similar activity ap15 proved by the Secretary), initiated in such State 

16 during the preceding fiscal year by a factor that 

17 the Secretary determines meaningful for the 

18 State over the number of such activities initi19 ated in such State during the preceding fiscal 

20 year, which shall not be less than 5 percent. 

21 ‘‘(2) PROSECUTION AND ADJUDICATION PRO22 GRAM.—A State prosecution and adjudication pro23 gram under which—

24 ‘‘(A) judges and prosecutors are actively 

25 encouraged to prosecute and adjudicate cases of 
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1 defendants who repeatedly commit impaired 

2 driving offenses by reducing the use of State di3 version programs, or other means that have the 

4 effect of avoiding or expunging a permanent 

5 record of impaired driving in such cases; 

6 ‘‘(B) the courts in a majority of the judi7 cial jurisdictions of the State are monitored on 

8 the courts’ adjudication of cases of impaired 

9 driving offenses; or 

10 ‘‘(C) annual Statewide outreach is provided 

11 for judges and prosecutors on innovative ap12 proaches to the prosecution and adjudication of 

13 cases of impaired driving offenses that have the 

14 potential for significantly improving the pros15 ecution and adjudication of such cases. 

16 ‘‘(3) IMPAIRED OPERATOR INFORMATION SYS17 TEM.— 

18 ‘‘(A) A State impaired operator informa19 tion system that—

20 ‘‘(i) tracks drivers who are arrested or 

21 convicted for violation of laws prohibiting 

22 impaired operation of motor vehicles; 

23 ‘‘(ii) includes information about each 

24 case of an impaired driver beginning at the 

25 time of arrest through case disposition, in-
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1 cluding information about any trial, plea, 

2 plea agreement, conviction or other disposi3 tion, sentencing or other imposition of 

4 sanctions, and substance abuse treatment; 

5 ‘‘(iii) provides—

6 ‘‘(I) accessibility to the informa7 tion for law enforcement personnel 

8 Statewide and for United States law 

9 enforcement personnel; and 

10 ‘‘(II) linkage for the sharing of 

11 the information and of the informa12 tion in State traffic record systems 

13 among jurisdictions and appropriate 

14 agencies, court systems and offices of 

15 the States; 

16 ‘‘(iv) shares information with the Na17 tional Highway Traffic Safety Administra18 tion for compilation and use for the track19 ing of impaired operators of motor vehicles 

20 who move from State to State; and 

21 ‘‘(v) meets the requirements of sub22 paragraphs (B), (C), and (D) of this para23 graph, as applicable. 
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1 ‘‘(B) A program meets the requirements of 

2 this subparagraph only if, during fiscal years 

3 2006 and 2007, a State—

4 ‘‘(i) assesses the system used by the 

5 State for tracking drivers who are arrested 

6 or convicted for violation of laws prohib7 iting impaired operation of motor vehicles; 

8 ‘‘(ii) identifies ways to improve the 

9 system, as well as to enhance the capability 

10 of the system to provide information in co11 ordination with impaired operator informa12 tion systems of other States; and 

13 ‘‘(iii) develops a strategic plan that 

14 sets forth the actions to be taken and the 

15 resources necessary to achieve the identi16 fied improvements and to enhance the ca17 pability for coordination with the systems 

18 of other States. 

19 ‘‘(C) A program meets the requirements of 

20 this subparagraph only if, in each of fiscal 

21 years 2008 and 2009, a State demonstrates to 

22 the Secretary that the State has made substan23 tial and meaningful progress in improving the 

24 State’s impaired operator information system, 
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1 and makes public a report on the progress of 

2 the information system. 

3 ‘‘(4) IMPAIRED DRIVING PERFORMANCE.—The 

4 percentage of fatally-injured drivers with 0.08 per5 cent or greater blood alcohol concentration in the 

6 State has decreased in each of the 2 most recent cal7 endar years for which data are available. 

8 ‘‘(5) SELF-SUSTAINING IMPAIRED DRIVING PRE9 VENTION PROGRAM.—A program under which a sig10 nificant portion of the fines or surcharges collected 

11 from individuals who are fined for operating a motor 

12 vehicle while under the influence of alcohol are re13 turned to communities for comprehensive programs 

14 for the prevention of impaired driving. 

15 ‘‘(6) PROGRAMS FOR DRIVERS WITH HIGH

16 BAC.—A program or law that establishes a system 

17 of graduated sanctions for individuals convicted of 

18 operating a motor vehicle while under the influence 

19 of alcohol, under which enhanced or additional sanc20 tions apply to such individuals determined to have a 

21 blood alcohol concentration of 0.15 percent or high22 er. 

23 ‘‘(7) IMPAIRED DRIVING COURTS.— 

24 ‘‘(A) IN GENERAL.—A program to consoli25 date and coordinate impaired driving cases into 
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1 courts that specialize in impaired driving cases, 

2 with the emphasis on tracking and processing 

3 offenders of impaired driving laws, (hereinafter 

4 referred to as DWI courts) that meets the re5 quirements of this paragraph. 

6 ‘‘(B) CHARACTERISTICS.—A DWI Court is 

7 a distinct function performed by a court system 

8 for the purpose of changing the behavior of al9 cohol or drug dependent offenders arrested for 

10 driving while impaired. A DWI Court can be a 

11 dedicated court with dedicated personnel, in12 cluding judges, prosecutors and probation offi13 cers. A DWI court may be an existing court 

14 system that serves the following essential DWI 

15 Court functions: 

16 ‘‘(i) A DWI Court performs an assess17 ment of high-risk offenders utilizing a 

18 team headed by the judge and including all 

19 criminal justice stakeholders (prosecutors, 

20 defense attorneys, probations officers, law 

21 enforcement personnel and others) along 

22 with alcohol/drug treatment professionals. 

23 ‘‘(ii) The DWI Court team rec24 ommends a specific plea agreement or con25 tract for each offender that can include in-
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1 carceration, treatment, and close commu2 nity supervision. The agreement maximizes 

3 the probability of rehabilitation and mini4 mizes the likelihood of recidivism. 

5 ‘‘(iii) Compliance with the agreement 

6 is verified with thorough monitoring and 

7 frequent alcohol testing. Periodic status 

8 hearings assess offender progress and 

9 allow an opportunity for modifying the sen10 tence if necessary. 

11 ‘‘(C) ASSESSMENT.—In the first year of 

12 operation, the States shall assess the number of 

13 court systems in its jurisdiction that are con14 sistently performing the DWI Court functions. 

15 ‘‘(D) PLAN.—In the second year of oper16 ation, the State shall develop a strategic plan 

17 for increasing the number of courts performing 

18 the DWI function. 

19 ‘‘(E) PROGRESS.—In subsequent years of 

20 operation, the State shall demonstrate progress 

21 in increasing the number of DWI Courts and in 

22 increasing the number of high-risk offenders 

23 participating in and successfully completing 

24 DWI Court agreements. 
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1 ‘‘(d) USES OF GRANTS.—Grants made under this 

2 section may be used for programs and activities described 

3 in subsection (c) and to defray the following costs: 

4 ‘‘(1) Labor costs, management costs, and equip5 ment procurement costs for the high-visibility, State6 wide law enforcement campaigns under subsection 

7 (c)(1). 

8 ‘‘(2) The costs of the training of law enforce9 ment personnel and the procurement of technology 

10 and equipment, such as and including video equip11 ment and passive alcohol sensors, to counter directly 

12 impaired operation of motor vehicles. 

13 ‘‘(3) The costs of public awareness, advertising, 

14 and educational campaigns that publicize use of so15 briety check points or increased law enforcement ef16 forts to counter impaired operation of motor vehi17 cles. 

18 ‘‘(4) The costs of public awareness, advertising, 

19 and educational campaigns that target impaired op20 eration of motor vehicles by persons under 34 years 

21 of age. 

22 ‘‘(5) The costs of the development and imple23 mentation of a State impaired operator information 

24 system described in subsection (c)(3). 
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1 ‘‘(6) The costs of operating programs that im2 pound the vehicle of an individual arrested as an im3 paired operator of a motor vehicle for not less than 

4 12 hours after the operator is arrested. 

5 ‘‘(e) ADDITIONAL AUTHORITIES FOR CERTAIN AU6 THORIZED USES.— 

7 ‘‘(1) COMBINATION OF GRANT PROCEEDS.—

8 Grant funds used for a campaign under subsection 

9 (d)(3) may be combined, or expended in coordina10 tion, with proceeds of grants under section 402 of 

11 this title. 

12 ‘‘(2) COORDINATION OF USES.—Grant funds 

13 used for a campaign under paragraph (3) or (4) of 

14 subsection (d) may be expended—

15 ‘‘(A) in coordination with employers, 

16 schools, entities in the hospitality industry, and 

17 nonprofit traffic safety groups; and 

18 ‘‘(B) in coordination with sporting events 

19 and concerts and other entertainment events. 

20 ‘‘(f) FUNDING.— 

21 ‘‘(1) IN GENERAL.—Grant funding under this 

22 section shall be allocated among States that meet 

23 the eligibility criteria in subsection (b) on the basis 

24 of the apportionment formula that applies for appor25 tionments under section 402(c) of this title. 
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1 ‘‘(2) HIGH FATALITY-RATE STATES.—A State 

2 that is among the 10 States with the highest im3 paired driving-related fatality rates for the calendar 

4 year immediately preceding the fiscal year in which 

5 the grant may be made shall be eligible for a grant 

6 under this section if the State meets the require7 ments of subsection (g). A State that receives a 

8 grant based upon its eligibility under this paragraph 

9 may also receive a grant under subsection (b) if it 

10 meets the eligibility requirements of that subsection. 

11 ‘‘(g) USE OF FUNDS BY HIGH FATALITY-RATE

12 STATES.— 

‘‘(1) REQUIRED USES.—At least 1 13 ⁄2 of the 

14 amounts allocated to States under subsection (f)(2) 

15 shall be used for the program described in sub16 section (c)(1). 

17 ‘‘(2) REQUIREMENT FOR PLAN.—A State re18 ceiving an allocation of grant funds under subsection 

19 (f)(2) shall expend those funds only after receiving 

20 approval from the Administrator of the National 

21 Highway Traffic Safety Administration for a plan 

22 regarding such expenditures. 

23 ‘‘(h) DEFINITIONS.—In this section: 
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1 ‘‘(1) IMPAIRED OPERATOR.—The term ‘im2 paired operator’ means a person who, while oper3 ating a motor vehicle—

4 ‘‘(A) has a blood alcohol content of 0.08 

5 percent or higher; or 

6 ‘‘(B) is under the influence of a controlled 

7 substance. 

8 ‘‘(2) IMPAIRED DRIVING-RELATED FATALITY

9 RATE.—The term ‘impaired driving-related fatality 

10 rate’ means the rate of alcohol-related fatalities, as 

11 calculated in accordance with regulations which the 

12 Administrator of the National Highway Traffic Safe13 ty Administration shall prescribe.’’. 

14 (c) NHTSA TO ISSUE REGULATIONS.—Not later 

15 than 12 months after the date of enactment of the High16 way Safety Grant Program Reauthorization Act of 2005, 

17 the National Highway Traffic Safety Administration shall 

18 issue guidelines to the States specifying the types and for19 mats of data that States should collect relating to drivers 

20 who are arrested or convicted for violation of laws prohib21 iting the impaired operation of motor vehicles. 

22 SEC. 221. STATE TRAFFIC SAFETY INFORMATION SYSTEM 

23 IMPROVEMENTS. 

24 (a) GRANT PROGRAM AUTHORITY.—Chapter 4 is 

25 amended by adding at the end the following: 
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1 ‘‘§ 412. State traffic safety information system im2 provements 

3 ‘‘(a) GRANT AUTHORITY.—Subject to the require4 ments of this section, the Secretary shall make grants of 

5 financial assistance to eligible States to support the devel6 opment and implementation of effective programs by such 

7 States to—

8 ‘‘(1) improve the timeliness, accuracy, complete9 ness, uniformity, integration, and accessibility of the 

10 safety data of the State that is needed to identify 

11 priorities for national, State, and local highway and 

12 traffic safety programs; 

13 ‘‘(2) evaluate the effectiveness of efforts to 

14 make such improvements; 

15 ‘‘(3) link the State data systems, including traf16 fic records, with other data systems within the 

17 State, such as systems that contain medical, road18 way, and economic data; and 

19 ‘‘(4) improve the compatibility and interoper20 ability of the data systems of the State with national 

21 data systems and data systems of other States and 

22 enhance the ability of the Secretary to observe and 

23 analyze national trends in crash occurrences, rates, 

24 outcomes, and circumstances. 

25 ‘‘(b) FIRST-YEAR GRANTS.— 
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1 ‘‘(1) ELIGIBILITY.—To be eligible for a first2 year grant under this section in a fiscal year, a 

3 State shall demonstrate to the satisfaction of the 

4 Secretary that the State has—

5 ‘‘(A) established a highway safety data and 

6 traffic records coordinating committee with a 

7 multidisciplinary membership that includes, 

8 among others, managers, collectors, and users 

9 of traffic records and public health and injury 

10 control data systems; and 

11 ‘‘(B) developed a multiyear highway safety 

12 data and traffic records system strategic plan 

13 that addresses existing deficiencies in the 

14 State’s highway safety data and traffic records 

15 system, is approved by the highway safety data 

16 and traffic records coordinating committee, 

17 and—

18 ‘‘(i) specifies how existing deficiencies 

19 in the State’s highway safety data and 

20 traffic records system were identified; 

21 ‘‘(ii) prioritizes, on the basis of the 

22 identified highway safety data and traffic 

23 records system deficiencies, the highway 

24 safety data and traffic records system 
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1 needs and goals of the State, including the 

2 activities under subsection (a); 

3 ‘‘(iii) identifies performance-based 

4 measures by which progress toward those 

5 goals will be determined; and 

6 ‘‘(iv) specifies how the grant funds 

7 and any other funds of the State are to be 

8 used to address needs and goals identified 

9 in the multiyear plan. 

10 ‘‘(2) GRANT AMOUNT.—Subject to subsection 

11 (d)(3), the amount of a first-year grant to a State 

12 for a fiscal year shall be the higher of—

13 ‘‘(A) the amount determined by multi14 plying—

15 ‘‘(i) the amount appropriated to carry 

16 out this section for such fiscal year, by 

17 ‘‘(ii) the ratio that the funds appor18 tioned to the State under section 402 of 

19 this title for fiscal year 2003 bears to the 

20 funds apportioned to all States under such 

21 section for fiscal year 2003; or 

22 ‘‘(B) $300,000. 

23 ‘‘(c) SUCCESSIVE YEAR GRANTS.— 

24 ‘‘(1) ELIGIBILITY.—A State shall be eligible for 

25 a grant under this subsection in a fiscal year suc-
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1 ceeding the first fiscal year in which the State re2 ceives a grant under subsection (b) if the State, to 

3 the satisfaction of the Secretary—

4 ‘‘(A) submits an updated multiyear plan 

5 that meets the requirements of subsection 

6 (b)(1)(B); 

7 ‘‘(B) certifies that its highway safety data 

8 and traffic records coordinating committee con9 tinues to operate and supports the multiyear 

10 plan; 

11 ‘‘(C) specifies how the grant funds and any 

12 other funds of the State are to be used to ad13 dress needs and goals identified in the 

14 multiyear plan; 

15 ‘‘(D) demonstrates measurable progress to16 ward achieving the goals and objectives identi17 fied in the multiyear plan; and 

18 ‘‘(E) includes a current report on the 

19 progress in implementing the multiyear plan. 

20 ‘‘(2) GRANT AMOUNT.—Subject to subsection 

21 (d)(3), the amount of a year grant made to a State 

22 for a fiscal year under this subsection shall equal the 

23 higher of—

24 ‘‘(A) the amount determined by multi25 plying—
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1 ‘‘(i) the amount appropriated to carry 

2 out this section for such fiscal year, by 

3 ‘‘(ii) the ratio that the funds appor4 tioned to the State under section 402 of 

5 this title for fiscal year 2003 bears to the 

6 funds apportioned to all States under such 

7 section for fiscal year 2003; or 

8 ‘‘(B) $500,000. 

9 ‘‘(d) ADDITIONAL REQUIREMENTS AND LIMITA10 TIONS.— 

11 ‘‘(1) MODEL DATA ELEMENTS.—The Secretary, 

12 in consultation with States and other appropriate 

13 parties, shall determine the model data elements 

14 that are useful for the observation and analysis of 

15 State and national trends in occurrences, rates, out16 comes, and circumstances of motor vehicle traffic ac17 cidents. In order to be eligible for a grant under this 

18 section, a State shall submit to the Secretary a cer19 tification that the State has adopted and uses such 

20 model data elements, or a certification that the 

21 State will use grant funds provided under this sec22 tion toward adopting and using the maximum num23 ber of such model data elements as soon as prac24 ticable. 
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1 ‘‘(2) DATA ON USE OF ELECTRONIC DEVICES.—

2 The model data elements required under paragraph 

3 (1) shall include data elements, as determined ap4 propriate by the Secretary in consultation with the 

5 States and with appropriate elements of the law en6 forcement community, on the impact on traffic safe7 ty of the use of electronic devices while driving. 

8 ‘‘(3) MAINTENANCE OF EFFORT.—No grant 

9 may be made to a State under this section in any 

10 fiscal year unless the State enters into such agree11 ments with the Secretary as the Secretary may re12 quire to ensure that the State will maintain its ag13 gregate expenditures from all other sources for high14 way safety data programs at or above the average 

15 level of such expenditures maintained by such State 

16 in the 2 fiscal years preceding the date of enactment 

17 of the Highway Safety Grant Program Reauthoriza18 tion Act of 2005. 

19 ‘‘(4) FEDERAL SHARE.—The Federal share of 

20 the cost of adopting and implementing in a fiscal 

21 year a State program described in subsection (a) 

22 may not exceed 80 percent. 

23 ‘‘(5) LIMITATION ON USE OF GRANT PRO24 CEEDS.—A State may use the proceeds of a grant 

25 received under this section only to implement the 
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1 program described in subsection (a) for which the 

2 grant is made. 

3 ‘‘(e) APPLICABILITY OF CHAPTER 1.—Section 402(d) 

4 of this title shall apply in the administration of this sec5 tion.’’. 

6 (b) CLERICAL AMENDMENT.—The chapter analysis 

7 for chapter 4 is amended by adding at the end the fol8 lowing:

‘‘412. State traffic safety information system improvements.’’.

9 SEC. 222. NHTSA ACCOUNTABILITY. 

10 (a) IN GENERAL.—Chapter 4, as amended by section 

11 221, is amended by adding at the end the following: 

12 ‘‘§ 413. Agency accountability 

13 ‘‘(a) TRIENNIAL STATE MANAGEMENT REVIEWS.—

14 At least once every 3 years the National Highway Traffic 

15 Safety Administration shall conduct a review of each State 

16 highway safety program. The review shall include a man17 agement evaluation of all grant programs partially or fully 

18 funded under this title. The Administrator shall provide 

19 review-based recommendations on how each State may im20 prove the management and oversight of its grant activities 

21 and may provide a management and oversight plan. 

22 ‘‘(b) RECOMMENDATIONS BEFORE SUBMISSION.—In 

23 order to provide guidance to State highway safety agencies 

24 on matters that should be addressed in the State highway 

25 safety program goals and initiatives as part of its highway 
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1 safety plan before the plan is submitted for review, the 

2 Administrator shall provide non-binding data-based rec3 ommendations to each State at least 90 days before the 

4 date on which the plan is to be submitted for approval. 

5 ‘‘(c) STATE PROGRAM REVIEW.—The Administrator 

6 shall—

7 ‘‘(1) conduct a program improvement review of 

8 any State that does not make substantial progress 

9 over a 3-year period in meeting its priority program 

10 goals; and 

11 ‘‘(2) provide technical assistance and safety 

12 program recommendations to the State for any goal 

13 not achieved. 

14 ‘‘(d) REGIONAL HARMONIZATION.—The Administra15 tion and the Inspector General of the Department of 

16 Transportation shall undertake a State grant administra17 tive review of the practices and procedures of the manage18 ment reviews and program reviews conducted by Adminis19 tration regional offices and formulate a report of best 

20 practices to be completed within 180 days after the date 

21 of enactment of the Highway Safety Grant Program Reau22 thorization Act of 2005. 

23 ‘‘(e) BEST PRACTICES GUIDELINES.— 

24 ‘‘(1) UNIFORM GUIDELINES.—The Adminis25 trator shall issue uniform management review guide-
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1 lines and program review guidelines based on the re2 port under subsection (d). Each regional office shall 

3 use the guidelines in executing its State administra4 tive review duties. 

5 ‘‘(2) PUBLICATION.—The Administrator shall 

6 make the following documents available via the 

7 Internet upon their completion: 

8 ‘‘(A) The Administrator’s management re9 view guidelines and the program review guide10 lines. 

11 ‘‘(B) State highway safety plans. 

12 ‘‘(C) State annual accomplishment reports. 

13 ‘‘(D) The Administrator’s State manage14 ment reviews. 

15 ‘‘(E) The Administration’s State program 

16 improvement plans. 

17 ‘‘(3) REPORTS TO STATE HIGHWAY SAFETY

18 AGENCIES.—The Administrator may not make a 

19 plan, report, or review available under paragraph (2) 

20 that is directed to a State highway safety agency 

21 until after it has been submitted to that agency. 

22 ‘‘(f) GENERAL ACCOUNTING OFFICE REVIEW.—The 

23 General Accounting Office shall analyze the effectiveness 

24 of the National Highway Traffic Safety Administration’s 

25 oversight of traffic safety grants by determining the use-
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1 fulness of the Administration’s advice to the States re2 garding grants administration and State activities, the ex3 tent to which the States incorporate the Administration’s 

4 recommendation into their highway safety plans and pro5 grams, and improvements that result in a State’s highway 

6 safety program that may be attributable to the Adminis7 tration’s recommendations. Based on this analysis, the 

8 General Accounting Office shall submit a report by not 

9 later than the end of fiscal year 2008 to the House of 

10 Representatives Committee on Transportation and Infra11 structure and the Senate Committee on Commerce, 

12 Science, and Transportation.’’. 

13 (b) CONFORMING AMENDMENT.—The chapter anal14 ysis for chapter 4, as amended by section 221, is amended 

15 by inserting after the item relating to section 412 the fol16 lowing:

‘‘413. Agency accountability.’’.

17 SEC. 223. GRANTS FOR IMPROVING CHILD PASSENGER 

18 SAFETY PROGRAMS. 

19 (a) IN GENERAL.—The Secretary of Transportation 

20 shall establish a program to provide grants to States to 

21 assist in the enactment and enforcement of laws imple22 menting Anton’s Law (49 U.S.C. 30127 note). 

23 (b) ELIGIBILITY REQUIREMENTS.— 

24 (1) IN GENERAL.—The Secretary shall make a 

25 grant to each State that, as determined by the Sec-
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1 retary, enacts or has enacted, and is enforcing a law 

2 requiring that children riding in passenger motor ve3 hicles (as defined in section 405(f)(4)) of title 23, 

4 United States Code, who are too large to be secured 

5 in a child safety seat be secured in a child restraint 

6 (as defined in section 7(1) of Anton’s Law (49 

7 U.S.C. 30127 note)) that meets requirements pre8 scribed by the Secretary under section 3 of Anton’s 

9 Law. 

10 (2) YEAR IN WHICH FIRST ELIGIBLE.— 

11 (A) EARLY QUALIFICATION.—A State that 

12 has enacted a law described in paragraph (1) 

13 that is in effect before October 1, 2005, is first 

14 eligible to receive a grant under subsection (a) 

15 in fiscal year 2006. 

16 (B) SUBSEQUENT QUALIFICATION.—A 

17 State that enacts a law described in paragraph 

18 (1) that takes effect after September 30, 2005, 

19 is first eligible to receive a grant under sub20 section (a) in the first fiscal year beginning 

21 after the date on which the law is enacted. 

22 (3) CONTINUING ELIGIBILITY.—A State that is 

23 eligible under paragraph (1) to receive a grant may 

24 receive a grant during each fiscal year listed in sub25 section (f) in which it is eligible. 
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1 (4) MAXIMUM NUMBER OF GRANTS.—A State 

2 may not receive more than 4 grants under this sec3 tion. 

4 (c) GRANT AMOUNT.—Amounts available for grants 

5 under this section in any fiscal year shall be apportioned 

6 among the eligible States on the basis of population. 

7 (d) USE OF GRANT AMOUNTS.— 

8 (1) IN GENERAL.—Of the amounts received by 

9 a State under this section for any fiscal year—

10 (A) 50 percent shall be used for the en11 forcement of, and education to promote public 

12 awareness of, State child passenger protection 

13 laws; and 

14 (B) 50 percent shall be used to fund pro15 grams that purchase and distribute child boost16 er seats, child safety seats, and other appro17 priate passenger motor vehicle child restraints 

18 to indigent families without charge. 

19 (2) REPORT.—Within 60 days after the State 

20 fiscal year in which a State receives a grant under 

21 this section, the State shall transmit to the Sec22 retary a report documenting the manner in which 

23 grant amounts were obligated or expended and iden24 tifying the specific programs supports by grant 

25 funds. The report shall be in a form prescribed by 
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1 the Secretary and may be combined with other State 

2 grant reporting requirements under this chapter. 

3 (e) DEFINITION OF CHILD SAFETY SEAT.—The term 

4 ‘‘child safety seat’’ means any device (except safety belts 

5 (as such term is defined in section 405(f)(6)) of title 23, 

6 United States Code, designed for use in a motor vehicle 

7 (as such term is defined in section 405(f)(4) of that title) 

8 to restrain, seat, or position a child who weighs 50 pounds 

9 or less. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary of 

12 Transportation—

13 (1) $18,000,000 for fiscal year 2006; 

14 (2) $20,000,000 for fiscal year 2007; 

15 (3) $25,000,000 for fiscal year 2008; and 

16 (4) $30,000,000 for fiscal year 2009. 

17 SEC. 224. MOTORCYCLIST SAFETY TRAINING AND MOTOR18 IST AWARENESS PROGRAMS. 

19 (a) IN GENERAL.—Chapter 4 of title 23, United 

20 States Code, as amended by section 222, is amended by 

21 adding at the end the following: 

22 ‘‘§ 414. Motorcyclist safety training and motorist 

23 awareness programs 

24 ‘‘(a) DEFINITIONS.—In this section: 
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1 ‘‘(1) MOTORCYCLIST SAFETY TRAINING.—The 

2 term ‘motorcyclist safety training’ means any formal 

3 program of instruction that—

4 ‘‘(A) provides accident avoidance and other 

5 safety-oriented operational skills to motorcy6 clists, including innovative training opportuni7 ties to meet unique regional needs; and 

8 ‘‘(B) is approved for use in a State by the 

9 designated State authority having jurisdiction 

10 over motorcyclist safety issues, which may in11 clude the State Motorcycle Safety Adminis12 trator or a motorcycle advisory council ap13 pointed by the Governor of the State. 

14 ‘‘(2) MOTORIST AWARENESS.—The term ‘mo15 torist awareness’ means individual or collective mo16 torist awareness of—

17 ‘‘(A) the presence of motorcycles on or 

18 near roadways; and 

19 ‘‘(B) safe driving practices that avoid in20 jury to motorcyclists, bicyclists, and pedes21 trians. 

22 ‘‘(3) MOTORIST AWARENESS PROGRAM.—The 

23 term ‘motorist awareness program’ means any infor24 mational or public awareness program designed to 

25 enhance motorist awareness that is developed by or 
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1 in coordination with the designated State authority 

2 having jurisdiction over motorcyclist safety issues, 

3 which may include the State Motorcycle Safety Ad4 ministrator or, in the absence of a State Adminis5 trator, a motorcycle advisory council appointed by a 

6 Governor of the State. 

7 ‘‘(4) STATE.—The term ‘State’ means—

8 ‘‘(A) a State; 

9 ‘‘(B) the District of Columbia; and 

10 ‘‘(C) the Commonwealth of Puerto Rico. 

11 ‘‘(b) ELIGIBILITY.—Not later than 90 days after the 

12 date of enactment of this section and on September 1 of 

13 each fiscal year thereafter, based on a letter of certifi14 cation provided by the Governor of each State, the Sec15 retary shall develop and publish a list of States that, as 

16 of the date of publication of the list, have established mo17 torcyclist safety training programs and motorist aware18 ness programs, including information that indicates—

19 ‘‘(1) the level of base funding provided for each 

20 such program for the applicable fiscal year; and 

21 ‘‘(2) whether the level of base funding provided 

22 for each such program for the applicable fiscal year 

23 was increased, decreased, or maintained from the 

24 level of funding provided for the program for the 

25 previous fiscal year. 
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1 ‘‘(c) ALLOCATION.—Not later than 120 days after 

2 the date of enactment of this section, on October 1, 2004, 

3 and on October 1 of each fiscal year thereafter, the Sec4 retary shall allocate to each State for which the base fund5 ing allocated for motorcyclist safety training and motorist 

6 awareness programs was not less than the amount allo7 cated for the previous year, not less than $100,000, to 

8 be used only for motorcyclist safety training and motorist 

9 awareness programs, including—

10 ‘‘(1) improvements to motorcyclist safety train11 ing curricula; 

12 ‘‘(2) improvements in program delivery to both 

13 urban and rural areas, including—

14 ‘‘(A) procurement or repair of practice mo15 torcycles; 

16 ‘‘(B) instructional aides; and 

17 ‘‘(C) mobile training units; 

18 ‘‘(3) an increase in the recruitment or retention 

19 of motorcyclist safety training instructors certified 

20 by a State Motorcycle Safety Administrator or mo21 torcycle advisory council appointed by the Governor; 

22 and 

23 ‘‘(4) public awareness, public service announce24 ments, and other outreach programs to enhance mo25 torist awareness. 
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1 ‘‘(d) CONTRACTS WITH ORGANIZATIONS.—The Sec2 retary may enter into an agreement with an organization 

3 that is recommended by and represents the interests of 

4 State Motorcycle Safety Administrators to review, deter5 mine, and disseminate a description of best practices in 

6 motorcycle safety training and motorist awareness, and to 

7 recommend such practices, to State administrators, gov8 ernors, State legislative bodies, and chief licensing officers 

9 of States. 

10 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—From 

11 funds available to carry out section 406 of this title, 

12 $5,200,000 shall be made available for each of fiscal years 

13 2006 through 2009 to carry out this section.’’. 

14 (b) CONFORMING AMENDMENT.—The chapter anal15 ysis for chapter 4 of title 23, United States Code, as 

16 amended by section 222, is amended by adding at the end 

17 the following:

‘‘414. Motorcyclist safety training and motorist awareness programs.’’.

18 Subtitle B—Specific Vehicle Safety19 Related Rulings 

20 SEC. 251. VEHICLE ROLLOVER PREVENTION AND CRASH 

21 MITIGATION. 

22 (a) IN GENERAL.—Subchapter II of chapter 301 is 

23 amended by adding at the end the following: 
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1 ‘‘§ 30128. Vehicle rollover prevention and crash miti2 gation 

3 (a) IN GENERAL.—The Secretary shall initiate rule4 making proceedings, for the purpose of establishing rules 

5 or standards that will reduce vehicle rollover crashes and 

6 mitigate deaths and injuries associated with such crashes 

7 for motor vehicles with a gross vehicle weight rating of 

8 not more than 10,000 pounds. 

9 ‘‘(b) ROLLOVER PREVENTION.—One of the rule10 making proceedings initiated under subsection (a) shall be 

11 to establish performance criteria to reduce the occurrence 

12 of rollovers consistent with stability enhancing tech13 nologies. The Secretary shall issue a proposed rule in this 

14 proceeding by rule by October 1, 2006, and a final rule 

15 by April 1, 2009. 

16 ‘‘(c) OCCUPANT EJECTION PREVENTION.—

17 ‘‘(1) IN GENERAL.—The Secretary shall also 

18 initiate a rulemaking proceding to establish perform19 ance standards to reduce complete and partial ejec20 tions of vehicle occupants from outboard seating po21 sitions. In formulating the standards the Secretary 

22 shall consider various ejection mitigation systems. 

23 The Secretary shall issue a final rule under this 

24 paragraph no later than October 1, 2009. 

25 ‘‘(2) DOOR LOCKS AND DOOR RETENTION.—

26 The Secretary shall complete the rulemaking pro-
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1 ceeding initiated to upgrade Federal Motor Vehicle 

2 Safety Standard No. 206, relating to door locks and 

3 door retention, no later than 30 months after the 

4 date of enactment of this Act. 

5 ‘‘(d) PROTECTION OF OCCUPANTS.—One of the rule6 making proceedings initiated under subsection (a) shall be 

7 to establish performance criteria to upgrade Federal 

8 Motor Vehicle Safety Standard No. 216 relating to roof 

9 strength for driver and passenger sides. The Secretary 

10 may consider industry and independent dynamic tests that 

11 realistically duplicate the actual forces transmitted during 

12 a rollover crash. The Secretary shall issue a proposed rule 

13 by December 31, 2005, and a final rule by July 1, 2008. 

14 ‘‘(e) DEADLINES.—If the Secretary determines that 

15 the deadline for a final rule under this section cannot be 

16 met, the Secretary shall—

17 ‘‘(1) notify the Senate Committee on Com18 merce, Science, and Transportation and the House 

19 of Representatives Committee on Energy and Com20 merce and explain why that deadline cannot be met; 

21 and 

22 ‘‘(2) establish a new deadline.’’. 

23 SEC. 252. SIDE-IMPACT CRASH PROTECTION RULEMAKING. 

24 The Secretary of Transportation shall complete a 

25 rulemaking proceeding under chapter 301 of title 49, 
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1 United States Code, to establish a standard designed to 

2 enhance passenger motor vehicle occupant protection, in 

3 all seating positions, in side impact crashes. The Secretary 

4 shall issue a final rule by July 1, 2008. 

5 SEC. 253. TIRE RESEARCH. 

6 Within 2 years after the date of enactment of this 

7 Act, the Secretary shall transmit a report to the Senate 

8 Committee on Commerce, Science, and Transportation 

9 and the House of Representatives Committee on Energy 

10 and Commerce on research conducted to address tire 

11 aging. The report shall include a summary of any Federal 

12 agency findings, activities, conclusions, and recommenda13 tions concerning tire aging and recommendations for po14 tential rulemaking regarding tire aging. 

15 (b) CONFORMING AMENDMENT.—The chapter anal16 ysis for chapter 301 is amended by inserting after the item 

17 relating to section 30127 the following:

‘‘30128. Vehicle accident ejection protection.’’.

18 SEC. 254. VEHICLE BACKOVER AVOIDANCE TECHNOLOGY 

19 STUDY. 

20 (a) IN GENERAL.—The Administrator of the Na21 tional Highway Traffic Safety Administration shall con22 duct a study of effective methods for reducing the inci23 dence of injury and death outside of parked passenger 

24 motor vehicles with a gross vehicle weight rating of not 

25 more than 10,000 pounds attributable to movement of 
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1 such vehicles. The Administrator shall complete the study 

2 within 1 year after the date of enactment of this Act and 

3 report its findings to the Senate Committee on Commerce, 

4 Science, and Transportation and the House of Represent5 atives Committee on Energy and Commerce not later than 

6 15 months after the date of enactment of this Act. 

7 (b) SPECIFIC ISSUES TO BE COVERED.—The study 

8 required by subsection (a) shall—

9 (1) include an analysis of backover prevention 

10 technology; 

11 (2) identify, evaluate, and compare the available 

12 technologies for detecting people or objects behind a 

13 motor vehicle with a gross vehicle weight rating of 

14 not more than 10,000 pounds for their accuracy, ef15 fectiveness, cost, and feasibility for installation; and 

16 (3) provide an estimate of cost savings that 

17 would result from widespread use of backover pre18 vention devices and technologies in motor vehicles 

19 with a gross vehicle weight rating of not more than 

20 10,000 pounds, including savings attributable to the 

21 prevention of—

22 (A) injuries and fatalities; and 

23 (B) damage to bumpers and other motor 

24 vehicle parts and damage to other objects. 
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1 SEC. 255. NONTRAFFIC INCIDENT DATA COLLECTION. 

2 (a) IN GENERAL.—In conjunction with the study re3 quired in section 254, the National Highway Traffic Safe4 ty Administration shall establish a method to collect and 

5 maintain data on the number and types of injuries and 

6 deaths involving motor vehicles with a gross vehicle weight 

7 rating of not more than 10,000 pounds in non-traffic inci8 dents. 

9 (b) DATA COLLECTION AND PUBLICATION.—The 

10 Secretary of Transportation shall publish the data col11 lected under subsection (a) no less frequently than bienni12 ally. 

13 SEC. 256. SAFETY BELT USE REMINDERS. 

14 (a) BUZZER LAW.— 

15 (1) IN GENERAL.—Section 30124 is amended—

16 (A) by striking ‘‘not’’ the first place it ap17 pears; and 

18 (B) by striking ‘‘except’’ and inserting ‘‘in19 cluding’’. 

20 (2) CONFORMING AMENDMENT.—Section 30122 

21 is amended by striking subsection (d). 

22 (b) STUDY OF SAFETY BELT USE TECHNOLOGIES.—

23 The Secretary of Transportation shall conduct a review 

24 of safety belt use technologies to evaluate progress and 

25 to consider possible revisions in strategies for achieving 
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1 further gains in safety belt use. The Secretary shall com2 plete the study by July 1, 2008. 

3 SEC. 257. AMENDMENT OF AUTOMOBILE INFORMATION 

4 DISCLOSURE ACT. 

5 (a) SAFETY LABELING REQUIREMENT.—Section 3 of 

6 the Automobile Information Disclosure Act (15 U.S.C. 

7 1232) is amended—

8 (1) by striking ‘‘and’’ after the semicolon in 

9 subsection (e); 

10 (2) by inserting ‘‘and’’ after the semicolon in 

11 subsection (f)(3); 

12 (3) by striking ‘‘(3).’’ in subsection (f)(4) and 

13 inserting ‘‘(3);’’; and 

14 (4) by adding at the end the following: 

15 ‘‘(g) if 1 or more safety ratings for such automobile 

16 have been assigned and formally published or released by 

17 the National Highway Traffic Safety Administration 

18 under the New Car Assessment Program, information 

19 about safety ratings that—

20 ‘‘(1) includes a graphic depiction of the number 

21 of stars, or other applicable rating, that corresponds 

22 to each such assigned safety rating displayed in a 

23 clearly differentiated fashion indicating the max24 imum possible safety rating; 
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1 ‘‘(2) refers to frontal impact crash tests, side 

2 impact crash tests, and rollover resistance tests 

3 (whether or not such automobile has been assigned 

4 a safety rating for such tests); 

5 ‘‘(3) contains information describing the nature 

6 and meaning of the crash test data presented and a 

7 reference to additional vehicle safety resources, in8 cluding http://www.safecar.gov; and 

9 ‘‘(4) is presented in a legible, visible, and 

10 prominent fashion and covers at least—

11 ‘‘(A) 8 percent of the total area of the 

12 label; or 

13 ‘‘(B) an area with a minimum length of 4 

1⁄2 inches and a minimum height of 3 1 14 ⁄2 inches; 

15 and 

16 ‘‘(h) if an automobile has not been tested by the Na17 tional Highway Traffic Safety Administration under the 

18 New Car Assessment Program, or safety ratings for such 

19 automobile have not been assigned in one or more rating 

20 categories, a statement to that effect.’’. 

21 (b) REGULATIONS.—Not later than January 1, 2006, 

22 the Secretary of Transportation shall issue regulations to 

23 implement the labeling requirements under subsections (g) 

24 and (h) of section 3 of the Automobile Information Disclo25 sure Act, as added by subsection (a). 
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1 (c) APPLICABILITY.—The labeling requirements 

2 under subsections (g) and (h) of section 3 of such Act 

3 (as added by subsection (a)), and the regulations pre4 scribed under subsection (b), shall apply to new auto5 mobiles delivered on or after—

6 (1) September 1, 2006, if the regulations under 

7 subsection (b) are prescribed not later than August 

8 31, 2005; or 

9 (2) September 1, 2007, if the regulations under 

10 subsection (b) are prescribed after August 31, 2005. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary of 

13 Transportation, to accelerate the testing processes and in14 creasing the number of vehicles tested under the New Car 

15 Assessment Program of the National Highway Traffic 

16 Safety Administration—

17 (1) $15,000,000 for fiscal year 2006; 

18 (2) $8,134,065 for fiscal year 2007; 

19 (3) $8,418,760 for fiscal year 2008; 

20 (4) $8,713,410 for fiscal year 2009; and 

21 (5) $9,018,385 for fiscal year 2010. 

22 SEC. 258. POWER WINDOW SWITCHES. 

23 The Secretary of Transportation shall upgrade Fed24 eral Motor Vehicle Safety Standard 118 to require that 

25 power windows in motor vehicles not in excess of 10,000 
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1 pounds have switches that raise the window only when the 

2 switch is pulled up or out. The Secretary shall issue a final 

3 rule implementing this section by April 1, 2007. 

4 SEC. 259. 15-PASSENGER VAN SAFETY. 

5 (a) TESTING.—

6 (1) IN GENERAL.—The Secretary of Transpor7 tation shall require the testing of 15-passenger vans 

8 at various load condition levels as part of the roll9 over resistance program of the National Highway 

10 Traffic Safety Administration’s new car assessment 

11 program. 

12 (2) 15-PASSENGER VAN DEFINED.—In this sub13 section, the term ‘‘15-passenger van’’ means a van 

14 designed or used to carry 15 passengers, including 

15 the driver. 

16 (b) PROHIBITION OF PURCHASE, RENTAL, OR LEASE

17 OF NONCOMPLYING 15-PASSENGER VANS FOR SCHOOL

18 USE.—Section 30112(a) is amended—

19 (1) by inserting ‘‘(1)’’ before ‘‘Except as pro20 vided’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(2) Except as provided in this section, sections 

23 30113 and 30114 of this title, and subchapter III of this 

24 chapter, a school or school system may not purchase, rent, 

25 or lease a motor vehicle designed or used to transport 15 
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1 passengers, including the driver, if that motor vehicle will 

2 be used significantly by, or on behalf of, the school or 

3 school system to transport preprimary, primary, or sec4 ondary school students to or from school or an event re5 lated to school, unless the motor vehicle complies with the 

6 motor vehicle standards prescribed for school buses and 

7 multifunction school activity buses under this title. This 

8 paragraph does not apply to the purchase, rental, or lease 

9 of a motor vehicle under a contract executed before the 

10 date of enactment of the Surface Transportation Safety 

11 Improvement Act of 2005.’’. 

12 SEC. 260. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated to the Sec14 retary of Transportation to carry out this subtitle and 

15 chapter 301 of title 49, United States Code—

16 (1) $136,000,000 for fiscal year 2006; 

17 (2) $142,800,000 for fiscal year 2007; 

18 (3) $149,900,000 for fiscal year 2008; and 

19 (4) $157,400,000 for fiscal year 2009.

20 TITLE III—HAZARDOUS 

21 MATERIALS 

22 SEC. 301. SHORT TITLE. 

23 This title may be cited as the ‘‘Hazardous Material 

24 Transportation Safety and Security Reauthorization Act 

25 of 2005’’. 
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1 Subtitle A—General Authorities on 

2 Transportation of Hazardous 

3 Materials 

4 SEC. 321. PURPOSE. 

5 The text of section 5101 is amended to read as fol6 lows: 

7 ‘‘The purpose of this chapter is to protect against the 

8 risks to life, property, and the environment that are inher9 ent in the transportation of hazardous material in intra10 state, interstate, and foreign commerce.’’. 

11 SEC. 322. DEFINITIONS. 

12 Section 5102 is amended as follows: 

13 (1) COMMERCE.—Paragraph (1) is amended—

14 (A) by striking ‘‘or’’ after the semicolon in 

15 subparagraph (A); 

16 (B) by striking the ‘‘State.’’ in subpara17 graph (B) and inserting ‘‘State; or’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(C) on a United States-registered air20 craft.’’. 

21 (2) HAZMAT EMPLOYEE.—Paragraph (3) is 

22 amended—

23 (A) by inserting ‘‘on a fulltime, part time, 

24 or temporary basis’’ after ‘‘employed’’ in sub25 paragraph (A)(i); 
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1 (B) by striking ‘‘and’’ after the semicolon 

2 in subparagraph (A)(i); 

3 (C) by redesignating clause (ii) of subpara4 graph (A) as clause (iii) and inserting after 

5 clause (i) the following: 

6 ‘‘(ii) is self-employed (including an 

7 owner-operator of a motor vehicle, vessel, 

8 or aircraft) transporting hazardous mate9 rial in commerce; and’’; 

10 (C) by inserting ‘‘such full time, part time, 

11 or temporary’’ in clause (iii) of subparagraph 

12 (A), as redesignated, after ‘‘course of’’; 

13 (D) by inserting ‘‘and’’ after the semicolon 

14 in clause (iii) as redesignated; 

15 (E) by striking subparagraph (B) and re16 designating subparagraph (C) as subparagraph 

17 (B); 

18 (F) by inserting ‘‘on a full time, part time, 

19 or temporary basis’’ after ‘‘employed’’ in sub20 paragraph (B), as redesignated; and 

21 (G) by striking clause (ii) of subparagraph 

22 (B), as redesignated, and inserting the fol23 lowing: 

24 ‘‘(ii) designs, manufactures, fab25 ricates, inspects, marks, maintains, recon-
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1 ditions, repairs, or tests a package, con2 tainer, or packaging component that is 

3 represented, marked, certified, or sold by 

4 that person as qualified for use in trans5 porting hazardous material in commerce;’’. 

6 (3) HAZMAT EMPLOYER.—Paragraph (4) is 

7 amended to read as follows: 

8 ‘‘(4) ‘hazmat employer’ means a person—

9 ‘‘(A) who—

10 ‘‘(i) employs or uses at least 1 hazmat 

11 employee on a full time, part time, or tem12 porary basis, or 

13 ‘‘(ii) is self-employed (including an 

14 owner-operator of a motor vehicle, vessel, 

15 or aircraft) transporting hazardous mate16 rial in commerce, and 

17 ‘‘(B) who—

18 ‘‘(i) transports hazardous material in 

19 commerce, 

20 ‘‘(ii) causes hazardous material to be 

21 transported in commerce, or 

22 ‘‘(iii) designs, manufactures, fab23 ricates, inspects, marks, maintains, recon24 ditions, repairs, or tests a package, con25 tainer, or packaging component that is 
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1 represented, marked, certified, or sold by 

2 that person as qualified for use in trans3 porting hazardous material in commerce, 

4 and 

5 includes a department, agency, or instrumen6 tality of the United States Government, or an 

7 authority of a State, political subdivision of a 

8 State, or Indian tribe, carrying out an activity 

9 described in subparagraph (B).’’. 

10 (4) IMMINENT HAZARD.—Paragraph (5) is 

11 amended by inserting ‘‘relating to hazardous mate12 rial’’ after ‘‘of a condition’’. 

13 (5) MOTOR CARRIER.—Paragraph (7) is amend14 ed to read as follows: 

15 ‘‘(7) ‘motor carrier’—

16 ‘‘(A) means a motor carrier, motor private 

17 carrier, and freight forwarder as those terms 

18 are defined in section 13102 of this title; but 

19 ‘‘(B) does not include a freight forwarder, 

20 as so defined, if the freight forwarder is not 

21 performing a function relating to highway 

22 transportation.’’. 

23 (6) NATIONAL RESPONSE TEAM.—Paragraph 

24 (8) is amended by striking ‘‘ ‘national response 

25 team’ means the national response team established 
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1 under the national contingency plan’’ and inserting 

2 ‘‘ ‘National Response Team’ means the National 

3 Response Team established under the National Con4 tingency Plan’’. 

5 (7) PERSON.—Paragraph (9)(A) is amended by 

6 striking ‘‘offering’’ and all that follows and inserting 

7 ‘‘that—

8 ‘‘(i) offers hazardous material for 

9 transportation in commerce; 

10 ‘‘(ii) transports hazardous material to 

11 further a commercial enterprise; or 

12 ‘‘(iii) designs, manufactures, fab13 ricates, inspects, marks, maintains, recon14 ditions, repairs, or tests a package, con15 tainer, or packaging component that is 

16 represented, marked, certified, or sold by 

17 that person as qualified for use in trans18 porting hazardous material in commerce; 

19 but’’. 

20 (8) SECRETARY OF TRANSPORTATION.—Section 

21 5101 is further amended—

22 (A) by redesignating paragraphs (11), 

23 (12), and (13), as paragraphs (12), (13), and 

24 (14), respectively; and 
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1 (B) by inserting after paragraph (10) the 

2 following: 

3 ‘‘(11) ‘Secretary’ means the Secretary of Trans4 portation except as otherwise provided.’’. 

5 SEC. 323. GENERAL REGULATORY AUTHORITY. 

6 (a) REFERENCE TO SECRETARY OF TRANSPOR7 TATION.—Section 5103(a) is amended by striking ‘‘of 

8 Transportation’’. 

9 (b) DESIGNATING MATERIAL AS HAZARDOUS.—Sec10 tion 5103(a) is further amended—

11 (1) by striking ‘‘etiologic agent’’ and all that 

12 follows through ‘‘corrosive material,’’ and inserting 

13 ‘‘infectious substance, flammable or combustible liq14 uid, solid, or gas, toxic, oxidizing, or corrosive mate15 rial,’’; and 

16 (2) by striking ‘‘decides’’ and inserting ‘‘deter17 mines’’. 

18 (c) REGULATIONS FOR SAFE TRANSPORTATION.—

19 Section 5103(b)(1)(A) is amended to read as follows: 

20 ‘‘(A) apply to a person who—

21 ‘‘(i) transports hazardous material in 

22 commerce; 

23 ‘‘(ii) causes hazardous material to be 

24 transported in commerce; 
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1 ‘‘(iii) designs, manufactures, fab2 ricates, inspects, marks, maintains, recon3 ditions, repairs, or tests a package, con4 tainer, or packaging component that is 

5 represented, marked, certified, or sold by 

6 that person as qualified for use in trans7 porting hazardous material in commerce; 

8 ‘‘(iv) prepares or accepts hazardous 

9 material for transportation in commerce; 

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

11 transporting hazardous material in com12 merce; 

13 ‘‘(vi) certifies compliance with any re14 quirement under this chapter; or 

15 ‘‘(vii) misrepresents whether such per16 son is engaged in any activity under clause 

17 (i) through (vi) of this subparagraph; 

18 and’’. 

19 (d) TECHNICAL AMENDMENT REGARDING CON20 SULTATION.—Section 5103 is amended—

21 (1) by striking subsection (b)(1)(C); and 

22 (2) by adding at the end the following: 

23 ‘‘(c) CONSULTATION.—When prescribing a security 

24 regulation or issuing a security order that affects the safe25 ty of the transportation of hazardous material, the Sec-
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1 retary of Homeland Security shall consult with the Sec2 retary of Transportation.’’. 

3 SEC. 324. LIMITATION ON ISSUANCE OF HAZMAT LICENSES. 

4 (a) REFERENCE TO SECRETARY OF TRANSPOR5 TATION.—Section 5103a is amended by striking ‘‘of 

6 Transportation’’ each place it appears in subsections 

7 (a)(1), (c)(1)(B), and (d) and inserting ‘‘of Homeland Se8 curity’’. 

9 (b) COVERED HAZARDOUS MATERIALS.—Section 

10 5103a(b) is amended by striking ‘‘with respect to—’’ and 

11 all that follows and inserting ‘‘with respect to any material 

12 defined as hazardous material by the Secretary for which 

13 the Secretary requires placarding of a commercial motor 

14 vehicle transporting that material in commerce.’’. 

15 (c) RECOMMENDATIONS ON CHEMICAL OR BIOLOGI16 CAL MATERIALS.—Section 5103a is further amended—

17 (1) by redesignating subsections (c), (d), and 

18 (e) as subsections (d), (e), and (f), respectively; and 

19 (2) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) RECOMMENDATIONS ON CHEMICAL AND BIO22 LOGICAL MATERIALS.—The Secretary of Health and 

23 Human Services shall recommend to the Secretary any 

24 chemical or biological material or agent for regulation as 

25 a hazardous material under section 5103(a) of this title 
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1 if the Secretary of Health and Human Services determines 

2 that such material or agent is a threat to the national 

3 security of the United States.’’. 

4 (d) CONFORMING AMENDMENT.—Section 

5 5103a(a)(1) is amended by striking ‘‘subsection 

6 (c)(1)(B),’’ and inserting ‘‘subsection (d)(1)(B),’’. 

7 SEC. 325. BACKGROUND CHECKS FOR DRIVERS HAULING 

8 HAZARDOUS MATERIALS. 

9 (a) FOREIGN DRIVERS.—

10 (1) IN GENERAL.—No commercial motor vehicle 

11 operator registered to operate in Mexico or Canada 

12 may operate a commercial motor vehicle trans13 porting a hazardous material in commerce in the 

14 United States until the operator has undergone a 

15 background records check similar to the background 

16 records check required for commercial motor vehicle 

17 operators licensed in the United States to transport 

18 hazardous materials in commerce. 

19 (2) DEFINITIONS.—In this subsection: 

20 (A) HAZARDOUS MATERIALS.—The term 

21 ‘‘hazardous material’’ has the meaning given 

22 that term in section 5102(2) of title 49, United 

23 States Code. 

24 (B) COMMERCIAL MOTOR VEHICLE.—The 

25 term ‘‘commercial motor vehicle’’ has the mean-
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1 ing given that term by section 31101 of title 

2 49, United States Code. 

3 (b) OTHER DRIVERS.—

4 (1) EMPLOYER NOTIFICATION.—Within 90 days 

5 after the date of enactment of this Act, the Assist6 ant Secretary of Homeland Security for Transpor7 tation Security shall develop and implement a proc8 ess for the notification of a hazmat employer (as de9 fined in section 5102(4) of title 49, United States 

10 Code), if appropriate considering the potential secu11 rity implications, designated by an applicant seeking 

12 a threat assessment under part 1572 of title 49, 

13 Code of Federal Regulations, if the Transportation 

14 Security Administration, in an initial notification of 

15 threat assessment or a final notification of threat as16 sessment, served on the applicant determines that 

17 the applicant does not meet the standards set forth 

18 in section 1572.5(d) of title 49, Code of Federal 

19 Regulations. 

20 (2) RELATIONSHIP TO OTHER BACKGROUND

21 RECORDS CHECKS.—

22 (A) ELIMINATION OF REDUNDANT

23 CHECKS.—An individual with respect to whom 

24 the Transportation Security Administration—
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1 (i) has performed a security threat as2 sessment under part 1572 of title 49, Code 

3 of Federal Regulations, and 

4 (ii) has issued a notification of no se5 curity threat under section 1572.5(g) of 

6 that title, 

7 is deemed to have met the requirements of any 

8 other background check that is equivalent to, or 

9 less stringent than, the background check per10 formed under section 5103a of title 49, United 

11 States Code, that is required for purposes of 

12 any Federal law applicable to transportation 

13 workers. 

14 (B) DETERMINATION BY ASSISTANT SEC15 RETARY.—Within 30 days after the date of en16 actment of this Act, the Assistant Secretary of 

17 Homeland Security (Transportation Security 

18 Administration), after notice and opportunity 

19 for comment, shall initiate a rulemaking pro20 ceeding that sets forth the background checks 

21 and other similar security or threat assessment 

22 requirements applicable to transportation work23 ers under Federal law to which subparagraph 

24 (A) applies. 
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1 (c) APPEALS PROCESS FOR MORE STRINGENT STATE

2 PROCEDURES.—

3 (1) IN GENERAL.—If a State establishes stand4 ards for applicants for a hazardous materials en5 dorsement to a commercial driver’s license that, as 

6 determined by the Secretary of Homeland Security, 

7 are more stringent than the standards set forth in 

8 section 1572.5(d) of title 49, Code of Federal Regu9 lations, then any such applicant who is denied a haz10 ardous materials endorsement to a commercial driv11 er’s license by that State may appeal that denial 

12 under section 1572.141 of title 49, Code of Federal 

13 Regulations, in the same manner and to the same 

14 extent as if the applicant were an individual who re15 ceived an initial notification of threat assessment 

16 under part 1572 of that title. The Secretary of 

17 Homeland Security shall notify the State of the Sec18 retary’s determination with respect to the appeal 

19 within 2 business days after making a final deter20 mination. 

21 (2) EFFECT OF DETERMINATION.—If the Sec22 retary determines, in an appeal filed under subpara23 graph (A), that—
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1 (A) an applicant was wrongfully denied a 

2 hazardous materials endorsement to a commer3 cial driver’s license by a State, or 

4 (B) any of the more stringent standards 

5 applied by the State that caused the license to 

6 be denied is unnecessary, unreasonably dis7 criminatory, or inappropriate, 

8 then the State shall issue a hazardous materials en9 dorsement to a commercial driver’s license to the ap10 plicant within 30 days after the date on which the 

11 Secretary notifies the State of the Secretary’s deter12 mination. 

13 (d) CLARIFICATION OF TERM DEFINED IN REGULA14 TIONS.—The term ‘‘severe transportation security inci15 dent’’, as defined in section 1572.3 of title 49, Code of 

16 Federal Regulations, does not include a work stoppage or 

17 other nonviolent employee-related action resulting from an 

18 employer-employee dispute. Within 30 days after the date 

19 of enactment of this Act, the Secretary of Homeland Secu20 rity shall modify the definition of that term to reflect the 

21 preceding sentence. 

22 (e) BACKGROUND CHECK CAPACITY.—The Assistant 

23 Secretary of Homeland Security (Transportation Security 

24 Administration) shall transmit a report by October 1, 

25 2005, to the Senate Committee on Commerce, Science, 
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1 and Transportation and the House of Representatives 

2 Committee on Homeland Security on the implementation 

3 of fingerprint-based security threat assessments and the 

4 adequacy of fingerprinting locations, personnel, and re5 sources to accomplish the timely processing of fingerprint6 based security threat assessments for individuals holding 

7 commercial driver’s licenses who are applying to renew 

8 hazardous materials endorsements. 

9 SEC. 326. REPRESENTATION AND TAMPERING. 

10 (a) REPRESENTATION.—Section 5104(a) is amend11 ed—

12 (1) by striking ‘‘a container,’’ and all that fol13 lows through ‘‘packaging) for’’ and inserting ‘‘a 

14 package, component of a package, or packaging 

15 for’’; and 

16 (2) by striking ‘‘the container’’ and all that fol17 lows through ‘‘packaging) meets’’ and inserting ‘‘the 

18 package, component of a package, or packaging 

19 meets’’. 

20 (b) TAMPERING.—Section 5104(b) is amended—

21 (1) by striking ‘‘A person may not’’ and insert22 ing ‘‘No person may’’; and 

23 (2) by inserting ‘‘component of a package, or 

24 packaging,’’ after ‘‘package,’’ in paragraph (2). 
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1 SEC. 327. TRANSPORTING CERTAIN MATERIAL. 

2 Section 5105 is amended by striking subsection (d) 

3 and redesignating subsection (e) as subsection (d). 

4 SEC. 328. HAZMAT EMPLOYEE TRAINING REQUIREMENTS 

5 AND GRANTS. 

6 (a) REFERENCE TO SECRETARY OF TRANSPOR7 TATION.—Section 5107 is amended by striking ‘‘of Trans8 portation’’ each place it appears in subsections (a), (b), 

9 (c) (other than in paragraph (1)), (d), and (f). 

10 (b) TRAINING GRANTS.—Section 5107(e) is amend11 ed—

12 (1) by striking ‘‘section 5127(c)(3),’’ and in13 serting ‘‘section 5128(b)(1) of this title,’’; and 

14 (2) by inserting ‘‘and, to the extent determined 

15 appropriate by the Secretary, grants for such in16 structors to train hazmat employees’’ after ‘‘employ17 ees’’ in the first sentence thereof. 

18 SEC. 329. REGISTRATION. 

19 (a) REFERENCE TO SECRETARY OF TRANSPOR20 TATION.—Section 5108 is amended by striking ‘‘of Trans21 portation’’ each place it appears in subsections (a), (b) 

22 (other than following ‘‘Department’’), (d), (e), (f), (g), (h), 

23 and (i). 

24 (b) PERSONS REQUIRED TO FILE.— 

25 (1) REQUIREMENT TO FILE.—Section 

26 5108(a)(1)(B) is amended by striking ‘‘class A or B 
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1 explosive’’ and inserting ‘‘Division 1.1, 1.2, or 1.3 

2 explosive material’’. 

3 (2) AUTHORITY TO REQUIRE TO FILE.—Section 

4 5108(a)(2)(B) is amended to read as follows: 

5 ‘‘(B) a person designing, manufacturing, fabri6 cating, inspecting, marking, maintaining, recondi7 tioning, repairing, or testing a package, container, or 

8 packaging component that is represented, marked, 

9 certified, or sold by that person as qualified for use 

10 in transporting hazardous material in commerce.’’. 

11 (3) NO TRANSPORTATION WITHOUT FILING.—

12 Section 5108(a)(3) is amended by striking ‘‘fab13 ricate,’’ and all that follows through ‘‘package or’’ 

14 and inserting ‘‘design, manufacture, fabricate, in15 spect, mark, maintain, recondition, repair, or test a 

16 package, container packaging component, or’’. 

17 (c) FORM AND CONTENT OF FILINGS.—Section 

18 5108(b)(1)(C) by striking ‘‘the activity.’’ and inserting 

19 ‘‘any of the activities.’’. 

20 (d) FILING.—Section 5108(c) is amended to read as 

21 follows: 

22 ‘‘(c) FILING.—Each person required to file a reg23 istration statement under subsection (a) of this section 

24 shall file the statement in accordance with regulations pre25 scribed by the Secretary.’’. 
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1 (e) FEES.—Section 5108(g)(1) is amended by strik2 ing ‘‘may establish,’’ and inserting ‘‘shall establish,’’. 

3 (f) RELATIONSHIP TO OTHER LAWS.—Section 

4 5108(i)(2)(B) is amended by inserting ‘‘an Indian tribe,’’ 

5 after ‘‘subdivision of a State,’’. 

6 (g) REGISTRATION AND ANNUAL FEES.—

7 (1) REDUCTION IN CAP.—Section 

8 5108(g)(2)(A) is amended by striking ‘‘$5,000’’ and 

9 inserting ‘‘$3,000’’. 

10 (2) RULEMAKING.—Any rule, regulation, or 

11 order issued by the Secretary of Transportation 

12 under which the assessment, payment, or collection 

13 of fees under section 5108(g) of title 49, United 

14 States Code, was suspended or terminated before the 

15 date of enactment of this Act is declared null and 

16 void effective 30 days after such date of enactment. 

17 Beginning on the 31st day after such date of enact18 ment, the fee schedule established by the Secretary 

19 and set forth at 65 Federal Register 7297 (as modi20 fied by the rule set forth at 67 Federal Register 

21 58343) shall take effect and apply until such time 

22 as it may be modified by a rulemaking proceeding. 

23 (3) PLANNING AND TRAINING GRANTS.—Not24 withstanding any other provision of law to the con25 trary, including any limitation on the amount of 
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1 grants authorized by section 5116 of title 49, United 

2 States Code, not contained in that section, the Sec3 retary shall make grants under that section from the 

4 account established under section 5116(i) to reduce 

5 the balance in that account over the 4 fiscal year pe6 riod beginning with fiscal year 2006, but in no fiscal 

7 year shall the grants distributed exceed the level au8 thorized by section 5116 of title 49, United States 

9 Code. 

10 SEC. 330. SHIPPING PAPERS AND DISCLOSURE. 

11 (a) REFERENCE TO SECRETARY OF TRANSPOR12 TATION.—Section 5110(a) is amended by striking ‘‘of 

13 Transportation’’. 

14 (b) DISCLOSURE CONSIDERATIONS AND REQUIRE15 MENTS.—Section 5110 is amended—

16 (1) by striking ‘‘under subsection (b) of this 

17 section.’’ in subsection (a) and inserting ‘‘in regula18 tions.’’; 

19 (2) by striking subsection (b); and 

20 (3) by redesignating subsections (c), (d), and 

21 (e) as subsections (b), (c), and (d), respectively. 

22 (c) RETENTION OF PAPERS.—Subsection (d) of sec23 tion 5110, as redesignated by subsection (b)(3) of this sec24 tion, is amended to read as follows: 

25 ‘‘(d) RETENTION OF PAPERS.—
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1 ‘‘(1) SHIPPERS.—The person who provides the 

2 shipping paper under this section shall retain the 

3 paper, or an electronic format of it, for a period of 

4 3 years after the date that the shipping paper is 

5 provided to the carrier, with the paper or electronic 

6 format to be accessible through the shipper’s prin7 cipal place of business. 

8 ‘‘(2) CARRIERS.—The carrier required to keep 

9 the shipping paper under this section, shall retain 

10 the paper, or an electronic format of it, for a period 

11 of 1 year after the date that the shipping paper is 

12 provided to the carrier, with the paper or electronic 

13 format to be accessible through the carrier’s prin14 cipal place of business. 

15 ‘‘(3) AVAILABILITY TO GOVERNMENT AGEN16 CIES.—Any person required to keep a shipping 

17 paper under this subsection shall, upon request, 

18 make it available to a Federal, State, or local gov19 ernment agency at reasonable times and locations.’’. 

20 SEC. 331. RAIL TANK CARS. 

21 (a) REPEAL OF REQUIREMENTS.—Section 5111 is 

22 repealed. 

23 (b) CLERICAL AMENDMENT.—The chapter analysis 

24 for chapter 51 is amended by striking the item relating 

25 to section 5111. 
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1 SEC. 332. UNSATISFACTORY SAFETY RATINGS. 

2 (a) IN GENERAL.—The text of section 5113 is 

3 amended to read as follows: 

4 ‘‘A violation of section 31144(c)(3) of this title shall 

5 be considered a violation of this chapter, and shall be sub6 ject to the penalties in sections 5123 and 5124 of this 

7 title.’’. 

8 (b) CONFORMING AMENDMENTS.—The first sub9 section (c) of section 31144 is amended—

10 (1) by striking ‘‘sections 521(b)(5)(A) and 

11 5113’’ in paragraph (1) and inserting ‘‘section 

12 521(b)(5)(A) of this title’’; and 

13 (2) by adding at the end of paragraph (3) ‘‘A 

14 violation of this paragraph by an owner or operator 

15 transporting hazardous material shall be considered 

16 a violation of chapter 51 of this title, and shall be 

17 subject to the penalties in sections 5123 and 5124 

18 of this title.’’. 

19 SEC. 333. TRAINING CURRICULUM FOR THE PUBLIC SEC20 TOR. 

21 (a) IN GENERAL.—Section 5115(a) is amended to 

22 read as follows: 

23 ‘‘(a) IN GENERAL.—In coordination with the Direc24 tor of the Federal Emergency Management Agency, the 

25 Chairman of the Nuclear Regulatory Commission, the Ad26 ministrator of the Environmental Protection Agency, the 
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1 Secretaries of Labor, Energy, and Health and Human 

2 Services, and the Director of the National Institute of En3 vironmental Health Sciences, and using existing coordi4 nating mechanisms of the National Response Team and, 

5 for radioactive material, the Federal Radiological Pre6 paredness Coordinating Committee, the Secretary shall 

7 maintain a current curriculum of lists of courses necessary 

8 to train public sector emergency response and prepared9 ness teams in matters relating to the transportation of 

10 hazardous material.’’. 

11 (b) REQUIREMENTS.—Section 5115(b) is amended—

12 (1) by striking ‘‘developed’’ in the matter pre13 ceding paragraph (1) and inserting ‘‘maintained’’; 

14 and 

15 (2) by striking ‘‘under other United States Gov16 ernment grant programs’’ in paragraph (1)(C) and 

17 all that follows and inserting ‘‘with Federal assist18 ance; and’’. 

19 (c) TRAINING ON COMPLIANCE WITH LEGAL RE20 QUIREMENTS.—Section 5115(c)(3) is amended by striking 

21 ‘‘Association.’’ and inserting ‘‘Association or by any other 

22 voluntary organization establishing consensus-based 

23 standards that the Secretary considers appropriate.’’. 

24 (d) DISTRIBUTION AND PUBLICATION.—Section 

25 5115(d) is amended—
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1 (1) by striking ‘‘national response team—’’ and 

2 inserting ‘‘National Response Team—’’; and 

3 (2) by striking ‘‘publish a list’’ in paragraph (2) 

4 and all that follows and inserting ‘‘publish and dis5 tribute the list of courses maintained under this sec6 tion, and of any programs utilizing such courses.’’. 

7 SEC. 334. PLANNING AND TRAINING GRANTS; EMERGENCY 

8 PREPAREDNESS FUND. 

9 (a) REFERENCE TO SECRETARY OF TRANSPOR10 TATION.—Section 5116 is amended by striking ‘‘of Trans11 portation’’ each place it appears in subsections (a), (b), 

12 (c), (d), (g), and (i). 

13 (b) GOVERNMENT SHARE OF COSTS.—Section 

14 5116(e) is amended by striking the second sentence. 

15 (c) MONITORING AND TECHNICAL ASSISTANCE.—

16 Section 5116(f) is amended by striking ‘‘national response 

17 team’’ and inserting ‘‘National Response Team’’. 

18 (d) DELEGATION OF AUTHORITY.—Section 5116(g) 

19 is amended by striking ‘‘Government grant programs’’ and 

20 inserting ‘‘Federal financial assistance programs’’. 

21 (e) EMERGENCY PREPAREDNESS FUND.— 

22 (1) NAME OF FUND.—Section 5116(i) is 

23 amended by inserting after ‘‘an account’’ the fol24 lowing: ‘‘(to be known as the ‘Emergency Prepared25 ness Fund’)’’. 
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1 (2) PUBLICATION OF EMERGENCY RESPONSE

2 GUIDE.—Section 5116(i) is further amended—

3 (A) by striking ‘‘collects under section 

4 5108(g)(2)(A) of this title and’’; 

5 (B) by striking ‘‘and’’ after the semicolon 

6 in paragraph (2); 

7 (C) by redesignating paragraph (3) as 

8 paragraph (4); and 

9 (D) by inserting after paragraph (2) the 

10 following: 

11 ‘‘(3) to publish and distribute an emergency re12 sponse guide; and’’. 

13 (3) CONFORMING AMENDMENT.—Section 

14 5108(g)(2)(C) is amended by striking ‘‘the account 

15 the Secretary of the Treasury establishes’’ and in16 serting ‘‘the Emergency Response Fund estab17 lished’’. 

18 (f) REPORTS.—Section 5116(k) is amended—

19 (1) by striking the first sentence and inserting 

20 ‘‘The Secretary shall make available to the public 

21 annually information on the allocation and uses of 

22 the planning grants allocated under subsection (a), 

23 training grants under subsection (b), and grants 

24 under subsection (j) of this section and under sec25 tion 5107 of this title.’’; and 
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1 (2) by striking ‘‘Such report’’ in the second 

2 sentence and inserting ‘‘The information’’. 

3 SEC. 335. SPECIAL PERMITS AND EXCLUSIONS. 

4 (a) SPECIAL PERMITS AND EXCLUSIONS.— 

5 (1) IN GENERAL.—Section 5117(a)(1) is 

6 amended by striking ‘‘the Secretary of Transpor7 tation may issue’’ and all that follows through ‘‘in 

8 a way’’ and inserting ‘‘the Secretary may issue, 

9 modify, or terminate a special permit authorizing 

10 variances from this chapter, or a regulation pre11 scribed under section 5103(b), 5104, 5110, or 5112 

12 of this title, to a person performing a function regu13 lated by the Secretary under section 5103(b)(1) of 

14 this title in a way’’. 

15 (2) DURATION.—Section 5117(a)(2) is amend16 ed to read as follows: 

17 ‘‘(2) A special permit under this subsection—

18 ‘‘(A) shall be effective when first issued for 

19 not more than 2 years; and 

20 ‘‘(B) may be renewed for successive peri21 ods of not more than 4 years each.’’. 

22 (b) REFERENCES TO SPECIAL PERMITS.—Section 

23 5117 is further amended—

24 (1) by striking ‘‘an exemption’’ each place it ap25 pears and inserting ‘‘a special permit’’; 
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1 (2) by striking ‘‘the exemption’’ each place it 

2 appears and inserting ‘‘the special permit’’; and 

3 (3) by striking ‘‘exempt’’ in subsection (e) and 

4 inserting ‘‘granted a variance’’. 

5 (c) CONFORMING AND CLERICAL AMENDMENTS.— 

6 (1) CONFORMING AMENDMENT.—The heading 

7 of section 5117 is amended to read as follows: 

8 ‘‘§ 5117. Special permits and exclusions’’

9 (2) CLERICAL AMENDMENT.—The chapter anal10 ysis for chapter 51 is amended by striking the item 

11 relating to section 5117 and inserting the following:

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

12 (3) SUBSECTION HEADING.—The heading for 

13 subsection (a) of section 5117 is amended by strik14 ing ‘‘EXEMPT’’ and inserting ‘‘ISSUE SPECIAL PER15 MITS’’.

16 (d) REPEAL OF SECTION 5118.—

17 (1) Section 5118 is repealed. 

18 (2) The chapter analysis for chapter 51 is 

19 amended by striking the item relating to section 

20 5118 and inserting the following:

‘‘5118. Repealed.’’.

21 SEC. 336. UNIFORM FORMS AND PROCEDURES. 

22 The text of section 5119 is amended to read as fol23 lows: 
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1 ‘‘(a) IN GENERAL.—The Secretary may prescribe 

2 regulations to establish uniform forms and regulations for 

3 States on the following: 

4 ‘‘(1) To register and issue permits to persons 

5 that transport or cause to be transported hazardous 

6 material by motor vehicles in a State. 

7 ‘‘(2) To permit the transportation of hazardous 

8 material in a State. 

9 ‘‘(b) UNIFORMITY IN FORMS AND PROCEDURES.—In 

10 prescribing regulations under subsection (a) of this sec11 tion, the Secretary shall develop procedures to eliminate 

12 discrepancies among the States in carrying out the activi13 ties covered by the regulations. 

14 ‘‘(c) LIMITATION.—The regulations prescribed under 

15 subsection (a) of this section may not define or limit the 

16 amount of any fees imposed or collected by a State for 

17 any activities covered by the regulations. 

18 ‘‘(d) EFFECTIVE DATE.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2) of this subsection, the regulations pre21 scribed under subsection (a) of this section shall 

22 take effect 1 year after the date on which pre23 scribed. 
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1 ‘‘(2) EXTENSION.—The Secretary may extend 

2 the 1-year period in subsection (a) for an additional 

3 year for good cause. 

4 ‘‘(e) STATE REGULATIONS.—After the regulations 

5 prescribed under subsection (a) of this section take effect 

6 under subsection (d) of this section, a State may establish, 

7 maintain, or enforce a requirement relating to the same 

8 subject matter only if the requirement is consistent with 

9 applicable requirements with respect to such activity in the 

10 regulations. 

11 ‘‘(f) INTERIM STATE PROGRAMS.—Pending the pre12 scription of regulations under subsection (a) of this sec13 tion, States may participate in the program of uniform 

14 forms and procedures recommended by the Alliance for 

15 Uniform Hazmat Transportation Procedures.’’. 

16 SEC. 337. HAZARDOUS MATERIALS TRANSPORTATION SAFE17 TY AND SECURITY. 

18 The text of section 5121 is amended to read as fol19 lows: 

20 ‘‘(a) GENERAL AUTHORITY.— 

21 ‘‘(1) To carry out this chapter, the Secretary 

22 may investigate, conduct tests, make reports, issue 

23 subpoenas, conduct hearings, require the production 

24 of records and property, take depositions, and con-
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1 duct research, development, demonstration, and 

2 training activities. 

3 ‘‘(2) Except as provided in subsections (c) and 

4 (d) of this section, the Secretary shall provide notice 

5 and an opportunity for a hearing before issuing an 

6 order directing compliance with this chapter, a regu7 lation prescribed under this chapter, or an order, 

8 special permit, or approval issued under this chap9 ter. 

10 ‘‘(b) RECORDS, REPORTS, PROPERTY, AND INFORMA11 TION.—A person subject to this chapter shall—

12 ‘‘(1) maintain records, make reports, and pro13 vide property and information that the Secretary by 

14 regulation or order requires; and 

15 ‘‘(2) make the records, reports, property, and 

16 information available for inspection when the Sec17 retary undertakes an inspection or investigation. 

18 ‘‘(c) INSPECTIONS AND INVESTIGATIONS.— 

19 ‘‘(1) A designated officer or employee of the 

20 Secretary may—

21 ‘‘(A) inspect and investigate, at a reason22 able time and in a reasonable way, records and 

23 property relating to a function described in sec24 tion 5103(b)(1) of this title; 
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1 ‘‘(B) except for packaging immediately ad2 jacent to the hazardous material contents, gain 

3 access to, open, and examine a package offered 

4 for or in transportation when the officer or em5 ployees has an objectively reasonable and 

6 articulable belief that the package may contain 

7 hazardous material; 

8 ‘‘(C) remove from transportation a pack9 age or related packages in a shipment offered 

10 for or in transportation for which—

11 ‘‘(i) such officer or employee has an 

12 objectively reasonable and articulable belief 

13 that the package may pose an imminent 

14 hazard; and 

15 ‘‘(ii) such officer or employee contem16 poraneously documents such belief in ac17 cordance with procedures set forth in regu18 lations prescribed under subsection (e) of 

19 this section; 

20 ‘‘(D) gather information from the offeror, 

21 carrier, packaging manufacturer or tester, or 

22 other person responsible for a package or pack23 ages to ascertain the nature and hazards of the 

24 contents of the package or packages; 
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1 ‘‘(E) as necessary under terms and condi2 tions prescribed by the Secretary, order the of3 feror, carrier, or other person responsible for a 

4 package or packages to have the package or 

5 packages transported to an appropriate facility, 

6 opened, examined, and analyzed; and 

7 ‘‘(F) when safety might otherwise be com8 promised, authorize properly qualified personnel 

9 to assist in activities carried out under this 

10 paragraph. 

11 ‘‘(2) An officer or employee acting under the 

12 authority of the Secretary under this subsection 

13 shall display proper credentials when requested. 

14 ‘‘(3) In instances when, as a result of an in15 spection or investigation under this subsection, an 

16 imminent hazards is not found to exist, the Sec17 retary shall, in accordance with procedures set forth 

18 in regulations prescribed under subsection (e) of this 

19 section, assist the safe resumption of transportation 

20 of the package, packages, or transport unit con21 cerned. 

22 ‘‘(d) EMERGENCY ORDERS.— 

23 ‘‘(1) If, upon inspection, investigation, testing, 

24 or research, the Secretary determines that a viola25 tion of a provision of this chapter, or a regulation 
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1 prescribed under this chapter, or an unsafe condition 

2 or practice, constitutes or is causing an imminent 

3 hazard, the Secretary may issue or impose emer4 gency restrictions, prohibitions, recalls, or out-of5 service orders, without notice or an opportunity for 

6 a hearing, but only to the extent necessary to abate 

7 the imminent hazard. 

8 ‘‘(2) The action of the Secretary under para9 graph (1) of this subsection shall be in a written 

10 emergency order that—

11 ‘‘(A) describes the violation, condition, or 

12 practice that constitutes or is causing the immi13 nent hazard; 

14 ‘‘(B) states the restrictions, prohibitions, 

15 recalls, or out-of-service orders issued or im16 posed; and 

17 ‘‘(C) describe the standards and proce18 dures for obtaining relief from the order. 

19 ‘‘(3) After taking action under paragraph (1) of 

20 this subsection, the Secretary shall provide for re21 view of the action under section 554 of title 5 if a 

22 petition for review is filed within 20 calendar days 

23 of the issuance of the order for the action. 

24 ‘‘(4) If a petition for review of an action is filed 

25 under paragraph (3) of this subsection and the re-
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1 view under that paragraph is not completed by the 

2 end of the 30-day period beginning on the date the 

3 petition is filed, the action shall cease to be effective 

4 at the end of such period unless the Secretary deter5 mines, in writing, that the imminent hazard pro6 viding a basis for the action continues to exist. 

7 ‘‘(5) In this subsection, the term ‘out-of-service 

8 order’ means a requirement that an aircraft, vessel, 

9 motor vehicle, train, railcar, locomotive, other vehi10 cle, transport unit, transport vehicle, freight con11 tainer, potable tank, or other package not be moved 

12 until specified conditions have been met. 

13 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

14 in accordance with section 553 of title 5 regulations to 

15 carry out the authority in subsections (c) and (d) of this 

16 section. 

17 ‘‘(f) FACILITY, STAFF, AND REPORTING SYSTEM ON

18 RISKS, EMERGENCIES, AND ACTIONS.— 

19 ‘‘(1) The Secretary shall—

20 ‘‘(A) maintain a facility and technical staff 

21 sufficient to provide, within the United States 

22 Government, the capability of evaluating a risk 

23 relating to the transportation of hazardous ma24 terial and material alleged to be hazardous; 
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1 ‘‘(B) maintain a central reporting system 

2 and information center capable of providing in3 formation and advice to law enforcement and 

4 firefighting personnel, and other interested indi5 viduals, and officers and employees of the 

6 United States Government and State and local 

7 governments on meeting an emergency relating 

8 to the transportation of hazardous material; 

9 and 

10 ‘‘(C) conduct a continuous review on all as11 pects of transporting hazardous material to de12 cide on and take appropriate actions to ensure 

13 safe transportation of hazardous material. 

14 ‘‘(2) Paragraph (1) of this subsection shall not 

15 prevent the Secretary from making a contract with 

16 a private entity for use of a supplemental reporting 

17 system and information center operated and main18 tained by the contractor. 

19 ‘‘(g) GRANTS, COOPERATIVE AGREEMENTS, AND

20 OTHER TRANSACTIONS.—The Secretary may enter into 

21 grants, cooperative agreements, and other transactions 

22 with a person, agency, or instrumentality of the United 

23 States, a unit of State or local government, an Indian 

24 tribe, a foreign government (in coordination with the De-
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1 partment of State), an educational institution, or other ap2 propriate entity—

3 ‘‘(1) to expand risk assessment and emergency 

4 response capabilities with respect to the security of 

5 transportation of hazardous material; 

6 ‘‘(2) to conduct research, development, dem7 onstration, risk assessment and emergency response 

8 planning and training activities; or 

9 ‘‘(3) to otherwise carry out this chapter. 

10 ‘‘(h) REPORTS.— 

11 ‘‘(1) The Secretary shall, once every 2 years, 

12 submit to the Senate Committee on Commerce, 

13 Science, and Transportation and the House of Rep14 resentatives Committee on Transportation and In15 frastructure a comprehensive report on the transpor16 tation of hazardous material during the preceding 2 

17 calendar years. Each report shall include, for the pe18 riod covered by such report—

19 ‘‘(A) a statistical compilation of the acci20 dents, incidents, and casualties related to the 

21 transportation of hazardous material during 

22 such period; 

23 ‘‘(B) a list and summary of applicable 

24 Government regulations, criteria, orders, and 

25 special permits; 
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1 ‘‘(C) a summary of the basis for each spe2 cial permit issued; 

3 ‘‘(D) an evaluation of the effectiveness of 

4 enforcement activities relating to the transpor5 tation of hazardous material during such pe6 riod, and of the degree of voluntary compliance 

7 with regulations; 

8 ‘‘(E) a summary of outstanding problems 

9 in carrying out this chapter, set forth in order 

10 of priority; and 

11 ‘‘(F) any recommendations for legislative 

12 or administrative action that the Secretary con13 siders appropriate. 

14 ‘‘(2) Before December 31, 2007, and every 3 

15 years thereafter, the Secretary, through the Bureau 

16 of Transportation Statistics and in consultation with 

17 other Federal departments and agencies, shall sub18 mit a report to the Senate Committee on Commerce, 

19 Science, and Transportation and the House of Rep20 resentatives Committee on Transportation and In21 frastructure on the transportation of hazardous ma22 terial in all modes of transportation during the pre23 ceding 3 calendar years. Each report shall include, 

24 for the period covered by such report—
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1 ‘‘(A) a summary of the hazardous material 

2 shipments, deliveries, and movements during 

3 such period, set forth by hazardous materials 

4 type, by tonnage and ton-miles, and by mode, 

5 both domestically and across United States bor6 ders; and 

7 ‘‘(B) a summary of shipment estimates 

8 during such period as a proxy for risk. 

9 ‘‘(i) SECURITY SENSITIVE INFORMATION.— 

10 ‘‘(1) If the Secretary determines that particular 

11 information may reveal a vulnerability of a haz12 ardous material to attack during transportation in 

13 commerce, or may facilitate the diversion of haz14 ardous material during transportation in commerce 

15 for use in an attack on people or property, the Sec16 retary may disclose such information only—

17 ‘‘(A) to the owner, custodian, offeror, or 

18 carrier of such hazardous material; 

19 ‘‘(B) to an officer, employee, or agent of 

20 the United States Government, or a State or 

21 local government, including volunteer fire de22 partments, concerned with carrying out trans23 portation safety laws, protecting hazardous ma24 terial in the course of transportation in com25 merce, protecting public safety or national secu-
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1 rity, or enforcing Federal law designed to pro2 tect public health or the environment; or 

3 ‘‘(C) in an administrative or judicial pro4 ceeding brought under this chapter, under other 

5 Federal law intended to protect public health or 

6 the environment, or under other Federal law in7 tended to address terrorist actions or threats of 

8 terrorist actions. 

9 ‘‘(2) The Secretary may make determinations 

10 under paragraph (1) of this subsection with respect 

11 categories of information in accordance with regula12 tions prescribed by the Secretary. 

13 ‘‘(3) A release of information pursuant to a de14 termination under paragraph (1) of this subsection 

15 shall not be treated as a release of such information 

16 to the public for purposes of section 552 of title 5.’’. 

17 SEC. 338. ENFORCEMENT. 

18 (a) REFERENCE TO SECRETARY OF TRANSPOR19 TATION.—Section 5122(a) is amended by striking ‘‘of 

20 Transportation,’’. 

21 (b) GENERAL.—Section 5122(a) is further amend22 ed—

23 (1) by striking ‘‘chapter or a regulation pre24 scribed or order’’in the first sentence and inserting 
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1 ‘‘chapter, a regulation prescribed under this chapter, 

2 or an order, special permit, or approval’’; and 

3 (2) by striking the second sentence and insert4 ing ‘‘In an action under this subsection, the court 

5 may award appropriate relief, including a temporary 

6 or permanent injunction, civil penalties under sec7 tion 5123 of this title, and punitive damages.’’. 

8 (c) IMMINENT HAZARDS.—Section 5122(b)(1)(B) is 

9 amended by striking ‘‘ameliorate’’ and inserting ‘‘miti10 gate’’. 

11 SEC. 339. CIVIL PENALTIES. 

12 (a) PENALTY.—Section 5123(a) is amended—

13 (1) in paragraph (1)—

14 (A) by striking ‘‘regulation prescribed or 

15 order issued’’ and inserting ‘‘regulation, order, 

16 special permit, or approval issued’’; and 

17 (B) by striking ‘‘$25,000’’ and inserting 

18 ‘‘$32,500’’; 

19 (2) by redesignating paragraph (2) as para20 graph (4); and 

21 (3) by inserting after paragraph (1) the fol22 lowing: 

23 ‘‘(2) If the Secretary finds that a violation under 

24 paragraph (1) results in death, serious illness, or severe 

25 injury to any person, the Secretary may increase the 
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1 amount of the civil penalty for such violation to not more 

2 than $100,000. 

3 ‘‘(3) If the violation is related to training, paragraph 

4 (1) shall be applied by substituting ‘$450’ for ‘$250’.’’. 

5 (b) REFERENCE TO SECRETARY OF TRANSPOR6 TATION.—Section 5123(b) is amended by striking ‘‘of 

7 Transportation’’. 

8 (c) HEARING REQUIREMENT.—Section 5123(b) is 

9 amended by striking ‘‘chapter or a regulation prescribed’’ 

10 and inserting ‘‘chapter, a regulation prescribed under this 

11 chapter, or an order, special permit, or approval issued’’. 

12 (d) CIVIL ACTIONS TO COLLECT.—Section 5123(d) 

13 is amended by striking ‘‘section.’’ and inserting ‘‘section 

14 and any accrued interest on the civil penalty as calculated 

15 in accordance with section 1005 of the Oil Pollution Act 

16 of 1990 (33 U.S.C. 2705). In the civil action, the amount 

17 and appropriateness of the civil penalty shall not be sub18 ject to review.’’. 

19 (e) EFFECTIVE DATE.—(1) The amendments made 

20 by subsections (b) and (c) of this section shall take effect 

21 on the date of the enactment of this Act, and shall apply 

22 with respect to violations described in section 5123(a) of 

23 title 49, United States Code (as amended by this section), 

24 that occur on or after that date. 
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1 (2) The amendment made by subsection (d) of this 

2 section shall apply with respect to civil penalties imposed 

3 on violations described in section 5123(a) of title 49, 

4 United States Code (as amended by this section), which 

5 violations occur on or after the date of the enactment of 

6 this Act. 

7 SEC. 340. CRIMINAL PENALTIES. 

8 (a) IN GENERAL.—Section 5124 is amended—

9 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

10 ‘‘A person’’; and 

11 (2) by striking ‘‘chapter or a regulation pre12 scribed or order’’ and inserting ‘‘chapter, a regula13 tion prescribed under this chapter, or an order, spe14 cial permit, or approval’’. 

15 (b) ADDITIONAL MATTERS.—That section is further 

16 amended by adding at the end the following: 

17 ‘‘(b) AGGRAVATED VIOLATIONS.—A person know18 ingly violating section 5104(b) of this title or willfully vio19 lating this chapter or a regulation prescribed, or an order, 

20 special permit, or approval issued, under this chapter, who 

21 thereby causes the release of hazardous material shall be 

22 fined under title 18, imprisoned for not more than 20 

23 years, or both. 

24 ‘‘(c) SEPARATE VIOLATIONS.—A separate violation 

25 occurs for each day the violation, committed by a person 
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1 who transports or causes to be transported hazardous ma2 terial, continues.’’. 

3 SEC. 341. PREEMPTION. 

4 (a) REFERENCE TO SECRETARY OF TRANSPOR5 TATION.—Section 5125(b)(2) is amended by striking ‘‘of 

6 Transportation’’. 

7 (b) PURPOSES.—Section 5125 is amended—

8 (1) by redesignating subsections (a), (b), (c), 

9 (d), (e), (f), and (g) as subsections (b), (c), (d), (e), 

10 (f), (g), and (h), respectively; 

11 (2) by inserting before subsection (b), as so re12 designated, the following: 

13 ‘‘(a) PURPOSES.—The Secretary shall exercise the 

14 authority in this section—

15 ‘‘(1) to achieve uniform regulation of the trans16 portation of hazardous material; 

17 ‘‘(2) to eliminate rules that are inconsistent 

18 with the regulations prescribed under this chapter; 

19 and 

20 ‘‘(3) to otherwise promote the safe and efficient 

21 movement of hazardous material in commerce.’’; 

22 (3) by striking subsection (g), as redesignated; 

23 and 

24 (4) by redesignating subsection (h), as redesig25 nated, as subsection (g). 
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1 (c) GENERAL PREEMPTION.—Section 5125(b), as re2 designated by subsection (b)(1) of this section, is further 

3 amended by striking ‘‘GENERAL.—Except as provided in 

4 subsection (b), (c), and (e)’’ and inserting ‘‘PREEMPTION

5 GENERALLY.—Except as provided in subsections (c), (d), 

6 and (f)’’. 

7 (d) SUBSTANTIVE DIFFERENCES.—Section 5125(c), 

8 as so redesignated, is further amended—

9 (1) in the matter preceding subparagraph (A) 

10 of paragraph (1), by striking ‘‘subsection (c)’’ and 

11 inserting ‘‘subsection (d)’’; 

12 (2) by striking subparagraph (E) of paragraph 

13 (1) and inserting the following: 

14 ‘‘(E) the designing, manufacturing, fabricating, 

15 inspecting, marking, maintaining, reconditioning, re16 pairing, or testing a package, container, or pack17 aging component that is represented, marked, cer18 tified, or sold by that person as qualified for use in 

19 transporting hazardous material in commerce.’’; and 

20 (3) by striking ‘‘prescribes after November 16, 

21 1990. However, the’’ in paragraph (2) and inserting 

22 ‘‘prescribes. The’’. 

23 (e) DECISIONS ON PREEMPTION.—Section 5125(e), 

24 as so redesignated, is further amended by striking ‘‘sub25 section (a), (b)(1), or (c) of this section.’’ in the first sen-
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1 tence and inserting ‘‘subsection (b), (c)(1), or (d) of this 

2 section or section 5119(b) of this title.’’. 

3 (f) WAIVER OF PREEMPTION.—Section 5125(f), as so 

4 redesignated, is further amended by striking ‘‘subsection 

5 (a), (b)(1), or (c) of this section.’’ and inserting ‘‘sub6 section (b), (c)(1), or (d) of this section or section 5119(b) 

7 of this title.’’. 

8 (g) STANDARDS.—Section 5125 is further amended 

9 by adding at the end the following: 

10 ‘‘(h) APPLICATION OF EACH PREEMPTION STAND11 ARD.—Each standard for preemption in subsection (b), 

12 (c)(1), or (d) of this section, and in section 5119(b) of 

13 this title, is independent in its application to a require14 ment of a State, political subdivision of a State, or Indian 

15 tribe. 

16 ‘‘(i) NON-FEDERAL ENFORCEMENT STANDARDS.—

17 This section does not apply to any procedure, penalty, re18 quired mental state, or other standard utilized by a State, 

19 political subdivision of a State, or Indian tribe to enforce 

20 a requirement applicable to the transportation of haz21 ardous material.’’. 

22 SEC. 342. RELATIONSHIP TO OTHER LAWS. 

23 Section 5126 is amended—

24 (1) by striking ‘‘or causes to be transported 

25 hazardous material, or manufactures, fabricates, 
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1 marks, maintains, reconditions, repairs, or tests a 

2 packaging or a container that the person represents, 

3 marks, certifies, or sells’’ in subsection (a) and in4 serting ‘‘hazardous material, or causes hazardous 

5 material to be transported, or designs, manufac6 tures, fabricates, inspects, marks, maintains, recon7 ditions, repairs, or tests a package, container, or 

8 packaging component that is represented’’; 

9 (2) by striking ‘‘must’’ in subsection (a) and in10 serting ‘‘shall’’; 

11 (3) by striking ‘‘manufacturing,’’ in subsection 

12 (a) and all that follows through ‘‘testing’’ and in13 serting ‘‘designing, manufacturing, fabricating, in14 specting, marking, maintaining, reconditioning, re15 pairing, or testing’’; and 

16 (4) by striking ‘‘39.’’ in subsection (b)(2) and 

17 inserting ‘‘39, except in the case of an imminent 

18 hazard.’’. 

19 SEC. 343. JUDICIAL REVIEW. 

20 (a) IN GENERAL.—Chapter 51 is amended—

21 (1) by redesignating section 5127 as section 

22 5128; and 

23 (2) by inserting after section 5126 the fol24 lowing: 
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1 ‘‘§ 5127. Judicial review 

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

3 section 20114(c) of this title, a person adversely affected 

4 or aggrieved by a final action of the Secretary under this 

5 chapter may petition for review of the final action in the 

6 United States Court of Appeals for the District of Colum7 bia or in the court of appeals of the United States for 

8 the circuit in which the person resides or has a principal 

9 place of business. The petition shall be filed not more than 

10 60 days after the action of the Secretary becomes final. 

11 ‘‘(b) PROCEDURES.—When a petition on a final ac12 tion is filed under subsection (a) of this section, the clerk 

13 of the court shall immediately send a copy of the petition 

14 to the Secretary. The Secretary shall file with the court 

15 a record of any proceeding in which the final action was 

16 issued as provided in section 2112 of title 28. 

17 ‘‘(c) AUTHORITY OF COURT.—The court in which a 

18 petition on a final action is filed under subsection (a) of 

19 this section has exclusive jurisdiction, as provided in sub20 chapter II of chapter 5 of title 5 to affirm or set aside 

21 any part of the final action and may order the Secretary 

22 to conduct further proceedings. 

23 ‘‘(d) REQUIREMENT FOR PRIOR OBJECTIONS.—In 

24 reviewing a final action under this section, the court may 

25 consider an objection to the final action only if—
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1 ‘‘(1) the objection was made in the course of a 

2 proceeding or review conducted by the Secretary; or 

3 ‘‘(2) there was a reasonable ground for not 

4 making the objection in the proceeding.’’. 

5 (b) CLERICAL AMENDMENT.—The chapter analysis 

6 for chapter 51 is amended by striking the item relating 

7 to section 5127 and inserting the following:

‘‘5127. Judicial review. 

‘‘5128. Authorization of appropriations.’’.

8 SEC. 344. AUTHORIZATION OF APPROPRIATIONS. 

9 Section 5128, as redesignated by section 443 of this 

10 subtitle, is amended to read as follows: 

11 ‘‘§ 5128. Authorization of appropriations 

12 ‘‘(a) GENERAL.—In order to carry out this chapter 

13 (except sections 5107(e), 5108(g), 5112, 5113, 5115, 

14 5116, and 5119 of this title), the following amounts are 

15 authorized to be appropriated to the Secretary: 

16 ‘‘(1) For fiscal year 2005, not more than 

17 $24,940,000. 

18 ‘‘(2) For fiscal year 2006, not more than 

19 $29,000,000. 

20 ‘‘(3) For each of fiscal years 2007 through 

21 2009, not more than $30,000,000. 

22 ‘‘(b) EMERGENCY PREPAREDNESS FUND.—There 

23 shall be available from the Emergency Preparedness Fund 

24 under section 5116(i) of this title, amounts as follows: 
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1 ‘‘(1) To carry out section 5107(e) of this title, 

2 $4,000,000 for each of fiscal years 2005 through 

3 2009. 

4 ‘‘(2) To carry out section 5115 of this title, 

5 $200,000 for each of fiscal years 2005 through 

6 2009. 

7 ‘‘(3) To carry out sections 5116(a) and (b) of 

8 this title, $21,800,000 for each of fiscal years 2005 

9 through 2009, to be allocated as follows: 

10 ‘‘(A) $5,000,000 to carry out section 

11 5116(a). 

12 ‘‘(B) $7,800,000 to carry out section 

13 5116(b). 

14 ‘‘(C) Of the amount provided for by this 

15 paragraph in excess of the suballocations in 

16 subparagraphs (A) and (B)—

17 ‘‘(i) 35 percent shall be used to carry 

18 out section 5116(a), and 

19 ‘‘(ii) 65 percent shall be used to carry 

20 out section 5116(b), 

21 except that the Secretary may increase the pro22 portion to carry out section 5116(b) and de23 crease the proportion to carry out section 

24 5116(a) if the Secretary determines that such 

25 reallocation is appropriate to carry out the in-
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1 tended uses of these funds as described in the 

2 applications submitted by States and Indian 

3 tribes. 

4 ‘‘(4) To carry out section 5116(f) of this title, 

5 $150,000 for each of fiscal years 2005 through 

6 2009. 

7 ‘‘(5) To carry out section 5116(i)(4) of this 

8 title, $150,000 for each of fiscal years 2005 through 

9 2009. 

10 ‘‘(6) To carry out section 5116(j) of this title, 

11 $1,000,000 for each of fiscal years 2005 through 

12 2009. 

13 ‘‘(7) To publish and distribute an emergency 

14 response guidebook under section 5116(i)(3) of title 

15 49, United States Code, $750,000 for each of fiscal 

16 years 2005 through 2009. 

17 ‘‘(c) SECTION 5121 REPORTS.—There are authorized 

18 to be appropriated to the Secretary of Transportation for 

19 the use of the Bureau of Transportation Statistics such 

20 sums as may be necessary to carry out section 5121(h) 

21 of this title. 

22 ‘‘(d) CREDIT TO APPROPRIATIONS.—The Secretary 

23 may credit to any appropriation to carry out this chapter 

24 an amount received from a State, political subdivision of 

25 a State, Indian tribe, or other public authority or private 
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1 entity for expenses the Secretary incurs in providing train2 ing to the State, political subdivision, Indian tribe, or 

3 other authority or entity. 

4 ‘‘(e) AVAILABILITY OF AMOUNTS.—Amounts avail5 able under subsections (a) and (b) of this section shall 

6 remain available until expended.’’. 

7 SEC. 345. ADDITIONAL CIVIL AND CRIMINAL PENALTIES. 

8 (a) TITLE 49 PENALTIES.—Section 46312 is amend9 ed—

10 (1) by striking ‘‘part—’’ in subsection (a) and 

11 inserting ‘‘part or chapter 51 of this title—’’; and 

12 (2) by inserting ‘‘or chapter 51 of this title’’ in 

13 subsection (b) after ‘‘under this part’’. 

14 (b) TITLE 18 PENALTIES.—Section 3663(a)(1)(A) of 

15 title 18, United States Code, is amended by inserting 

16 ‘‘5124,’’ before ‘‘46312,’’. 

17 SEC. 346. TECHNICAL CORRECTIONS. 

18 (a) HIGHWAY ROUTING OF HAZARDOUS MATE19 RIAL.—The second sentence of section 5112(a)(1) is 

20 amended by striking ‘‘However, the Secretary of Trans21 portation’’ and inserting ‘‘The Secretary’’. 

22 (b) AIR TRANSPORTATION OF IONIZING RADIATION

23 MATERIAL.—Section 5114(b) is amended by striking ‘‘of 

24 Transportation’’. 
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1 (c) INTERNATIONAL UNIFORMITY OF STANDARDS

2 AND REQUIREMENTS.—Section 5120 is amended by strik3 ing ‘‘of Transportation’’ each place it appears in sub4 sections (a), (b), and (c)(1). 

5 Subtitle B—Other Matters 

6 SEC. 361. ADMINISTRATIVE AUTHORITY FOR PIPELINE AND 

7 HAZARDOUS MATERIALS SAFETY ADMINIS8 TRATION. 

9 Section 108 is amended by adding at the end the fol10 lowing: 

11 ‘‘(h) ADMINISTRATIVE AUTHORITIES.— 

12 ‘‘(1) GRANTS, COOPERATIVE AGREEMENTS, AND

13 OTHER TRANSACTIONS.—The Administrator may 

14 enter into grants, cooperative agreements, and other 

15 transactions with Federal agencies, State and local 

16 government agencies, other public entities, private 

17 organizations, and other persons—

18 ‘‘(A) to conduct research into transpor19 tation service and infrastructure assurance; and 

20 ‘‘(B) to carry out other research activities 

21 of the Administration. 

22 ‘‘(2) LIMITATION ON DISCLOSURE OF CERTAIN

23 INFORMATION.— 

24 ‘‘(A) LIMITATION.—If the Administrator 

25 determines that particular information devel-
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1 oped in research sponsored by the Administra2 tion may reveal a systemic vulnerability of 

3 transportation service or infrastructure, such 

4 information may be disclosed only to—

5 ‘‘(i) a person responsible for the secu6 rity of the transportation service or infra7 structure; 

8 ‘‘(ii) a person responsible for pro9 tecting public safety; or 

10 ‘‘(iii) an officer, employee, or agent of 

11 the Federal Government, or a State or 

12 local government, who, as determined by 

13 the Administrator, has need for such infor14 mation in the performance of official du15 ties. 

16 ‘‘(B) TREATMENT OF RELEASE.—The re17 lease of information under subparagraph (A) 

18 shall not be treated as a release to the public 

19 for purposes of section 552 of title 5.’’. 

20 SEC. 362. MAILABILITY OF HAZARDOUS MATERIALS. 

21 (a) NONMAILABILITY GENERALLY.—Section 3001 of 

22 title 39, United States Code, is amended—

23 (1) by redesignating subsection (n) as sub24 section (o); and 
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1 (2) by inserting after subsection (m) the fol2 lowing: 

3 ‘‘(n)(1) Except as otherwise authorized by law or reg4 ulations of the Postal Service under section 3018 of this 

5 title, hazardous material is nonmailable. 

6 ‘‘(2) In this subsection, the term ‘hazardous material’ 

7 means a substance or material designated by the Secretary 

8 of Transportation as hazardous material under section 

9 5103(a) of title 49.’’. 

10 (b) MAILABILITY.— 

11 (1) IN GENERAL.—Chapter 30 of title 39, 

12 United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘§ 3018. Hazardous material 

15 ‘‘(a) IN GENERAL.—The Postal Service shall pre16 scribe regulations for the safe transportation of hazardous 

17 material in the mails. 

18 ‘‘(b) PROHIBITIONS.—No person may—

19 ‘‘(1) mail or cause to be mailed hazardous ma20 terial that has been declared by statute or Postal 

21 Service regulation to be nonmailable; 

22 ‘‘(2) mail or cause to be mailed hazardous ma23 terial in violation of any statute or Postal Service 

24 regulation restricting the time, place, or manner in 

25 which hazardous material may be mailed; or 
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1 ‘‘(3) manufacture, distribute, or sell any con2 tainer, packaging kit, or similar device that—

3 ‘‘(A) is represented, marked, certified, or 

4 sold by such person for use in the mailing of 

5 hazardous material; and 

6 ‘‘(B) fails to conform with any statute or 

7 Postal Service regulation setting forth stand8 ards for a container, packaging kit, or similar 

9 device used for the mailing of hazardous mate10 rial. 

11 ‘‘(c) CIVIL PENALTY.— 

12 ‘‘(1) IN GENERAL.—A person who knowingly 

13 violates this section or a regulation prescribed under 

14 this section shall be liable to the Postal Service 

15 for—

16 ‘‘(A) a civil penalty of at least $250, but 

17 not more than $100,000, for each violation; 

18 ‘‘(B) the costs of any clean-up associated 

19 with such violation; and 

20 ‘‘(C) damages. 

21 ‘‘(2) KNOWING ACTION.—A person acts know22 ingly for purposes of paragraph (1) when—

23 ‘‘(A) the person has actual knowledge of 

24 the facts giving rise to the violation; or 
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1 ‘‘(B) a reasonable person acting in the cir2 cumstances and exercising reasonable care 

3 would have had that knowledge. 

4 ‘‘(3) KNOWLEDGE OF STATUTE OR REGULA5 TION NOT ELEMENT OF OFFENSE.—Knowledge of 

6 the existence of a statutory provision or Postal Serv7 ice regulation is not an element of an offense under 

8 this subsection. 

9 ‘‘(4) SEPARATE VIOLATIONS.— 

10 ‘‘(A) VIOLATIONS OVER TIME.—A separate 

11 violation under this subsection occurs for each 

12 day hazardous material, mailed or cause to be 

13 mailed in noncompliance with this section, is in 

14 the mail. 

15 ‘‘(B) SEPARATE ITEMS.—A separate viola16 tion under this subsection occurs for each item 

17 containing hazardous material that is mailed or 

18 caused to be mailed in noncompliance with this 

19 section. 

20 ‘‘(d) HEARINGS.—The Postal Service may determine 

21 that a person has violated this section or a regulation pre22 scribed under this section only after notice and an oppor23 tunity for a hearing. 
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1 ‘‘(e) PENALTY CONSIDERATIONS.—In determining 

2 the amount of a civil penalty for a violation of this section, 

3 the Postal Service shall consider—

4 ‘‘(1) the nature, circumstances, extent, and 

5 gravity of the violation; 

6 ‘‘(2) with respect to the person who committed 

7 the violation, the degree of culpability, any history of 

8 prior violations, the ability to pay, and any effect on 

9 the ability to continue in business; 

10 ‘‘(3) the impact on Postal Service operations; 

11 and 

12 ‘‘(4) any other matters that justice requires. 

13 ‘‘(f) CIVIL ACTIONS TO COLLECT.— 

14 ‘‘(1) IN GENERAL.—In accordance with section 

15 4409(d) of this title, a civil action may be com16 menced in an appropriate district court of the 

17 United States to collect a civil penalty, clean-up 

18 costs, and damages assessed under subsection (c). 

19 ‘‘(2) LIMITATION.—In a civil action under para20 graph (1), the validity, amount, and appropriateness 

21 of the civil penalty, clean-up costs, and damages cov22 ered by the civil action shall not be subject to review. 

23 ‘‘(3) COMPROMISE.—The Postal Service may 

24 compromise the amount a civil penalty, clean-up 

25 costs, and damages assessed under subsection (c) be-
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1 fore commencing a civil action with respect to such 

2 civil penalty, clean-up costs, and damages under 

3 paragraph (1). 

4 ‘‘(g) CIVIL JUDICIAL PENALTIES.— 

5 ‘‘(1) IN GENERAL.—At the request of the Post6 al Service, the Attorney General may bring a civil 

7 action in an appropriate district court of the United 

8 States to enforce this section or a regulation pre9 scribed under this section. 

10 ‘‘(2) RELIEF.—The court in a civil action under 

11 paragraph (1) may award appropriate relief, includ12 ing a temporary or permanent injunction, civil pen13 alties as determined in accordance with this section, 

14 or punitive damages. 

15 ‘‘(3) CONSTRUCTION.—A civil action under this 

16 subsection shall be in lieu of civil penalties for the 

17 same violation under subsection (c)(1)(A). 

18 ‘‘(h) DEPOSIT OF AMOUNTS COLLECTED.—Amounts 

19 collected under this section shall be deposited into the 

20 Postal Service Fund under section 2003 of this title.’’. 

21 (2) CONFORMING AMENDMENT.—The chapter 

22 analysis for chapter 30 of title 39, United States 

23 Code, is amended by adding at the end the fol24 lowing:

‘‘3018. Hazardous material.’’.
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1 (c) CONFORMING AMENDMENT.—Section 2003(b) of 

2 title 39, United States Code, is amended—

3 (1) by striking ‘‘and’’ after the semicolon in 

4 paragraph (7); 

5 (2) by striking ‘‘purposes.’’ in paragraph (8) 

6 and inserting ‘‘purposes; and’’; and 

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

8 ‘‘(9) any amounts collected under section 3018 

9 of this title.’’. 

10 SEC. 363. CRIMINAL MATTERS. 

11 Section 845(a)(1) of title 18, United States Code, is 

12 amended by striking ‘‘which are regulated’’ and all that 

13 follows and inserting ‘‘that is subject to the authority of 

14 the Departments of Transportation and Homeland Secu15 rity;’’. 

16 SEC. 364. CARGO INSPECTION PROGRAM. 

17 (a) IN GENERAL.—The Secretary of Transportation 

18 may establish a program of random inspections of cargo 

19 at points of entry into the United States for the purpose 

20 of determining the extent to which undeclared hazardous 

21 material is being offered for transportation in commerce 

22 through such points of entry. 

23 (b) INSPECTIONS.—Under the program under sub24 section (a)—
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1 (1) an officer of the Department of Transpor2 tation who is not located at a point of entry into the 

3 United States may select at random cargo shipments 

4 at points of entry into the United States for inspec5 tion; and 

6 (2) an officer or employee of the Department 

7 may open and inspect each cargo shipment so se8 lected for the purpose described in subsection (a). 

9 (c) COORDINATION.—The Secretary of Transpor10 tation shall coordinate any inspections under the program 

11 under subsection (a) with the Secretary of Homeland Se12 curity. 

13 (d) DISPOSITION OF HAZARDOUS MATERIALS.—The 

14 Secretary of Transportation shall provide for the appro15 priate handling and disposition of any hazardous material 

16 discovered pursuant to inspections under the program 

17 under subsection (a). 

18 SEC. 365. INFORMATION ON HAZMAT REGISTRATIONS. 

19 The Administrator of the Department of Transpor20 tation’s Research and Special Programs Administration 

21 shall—

22 (1) transmit current hazardous material reg23 istrant information to the Federal Motor Carrier 

24 Safety Administration to cross reference the reg-
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1 istrant’s Federal motor carrier registration number; 

2 and 

3 (2) notify the Federal Motor Carrier Safety Ad4 ministration immediately, and provide a registrant’s 

5 United States Department of Transportation identi6 fication number to the Administration, whenever a 

7 new registrant registers to transport hazardous ma8 terials as a motor carrier. 

9 SEC. 366. REPORT ON APPLYING HAZARDOUS MATERIALS 

10 REGULATIONS TO PERSONS WHO REJECT 

11 HAZARDOUS MATERIALS. 

12 Within 6 months after the date of enactment of this 

13 Act, the Secretary of Transportation shall complete an as14 sessment of the costs and benefits of subjecting persons 

15 who reject hazardous material for transportation in com16 merce to the hazardous materials laws and regulations. In 

17 completing this assessment, the Secretary shall—

18 (1) estimate the number of affected employers 

19 and employees; 

20 (2) determine what actions would be required 

21 by them to comply with such laws and regulations; 

22 and 

23 (3) consider whether and to what extent the ap24 plication of Federal hazardous materials laws and 

25 regulations should be limited to—
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1 (A) particular modes of transportation; 

2 (B) certain categories of employees; or 

3 (C) certain classes or categories of haz4 ardous materials. 

5 SEC. 367. NATIONAL FIRST RESPONDER TRANSPORTATION 

6 INCIDENT RESPONSE SYSTEM. 

7 (a) IN GENERAL.—The Secretary of Transportation 

8 shall provide funding to the Operation Respond Institute 

9 to design, build, and operate a seamless first responder 

10 hazardous materials incident detection, preparedness, and 

11 response system. 

12 (b) OREIS EXPANSION.—

13 (1) IN GENERAL.—The system designed, built, 

14 and operated by the Institute shall include an expan15 sion of the Operation Respond Emergency Informa16 tion System. 

17 (2) FUNCTIONALITY.—The Secretary may re18 quire that the system designed by the Operation Re19 spond Institute function across multiple transpor20 tation modes. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Secretary to carry 

23 out this section $5,000,000 for each of fiscal years 2005 

24 through 2009. 
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1 SEC. 368. HAZMAT TRANSPORTATION PLAN EXEMPTION 

2 FOR FARMERS. 

3 (a) IN GENERAL.—Subpart I of part 172 of the De4 partment of Transportation’s regulations (49 C.F.R. 

5 172.800 et seq.), or any subsequent Department of Trans6 portation regulation in pari materia, does not apply to the 

7 surface transportation activities of a farmer that are—

8 (1) in direct support of the farmer’s farming 

9 operations; and 

10 (2) conducted within a 150-mile radius of those 

11 operations. 

12 (b) FARMER DEFINED.—In this section, the term 

13 ‘‘farmer’’ means a person—

14 (1) actively engaged in the production or rais15 ing of crops, poultry, livestock, or other agricultural 

16 commodities; and 

17 (2) whose gross receipts from the sale of such 

18 agricultural commodities or products do not exceed 

19 $500,000 annually. 

20 SEC. 369. WELDED RAIL AND TANK CAR SAFETY IMPROVE21 MENTS. 

22 (a) TRACK STANDARDS.—

23 (1) IN GENERAL.—Within 90 days after the 

24 date of enactment of this Act, the Federal Railroad 

25 Administration shall—
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1 (A) require each track owner using contin2 uous welded rail track to include procedures (in 

3 its procedures filed with the Administration 

4 pursuant to section 213.119 of title 49, Code of 

5 Federal Regulations) to improve the identifica6 tion of cracks in rail joint bars; 

7 (B) instruct Administration track inspec8 tors to obtain copies of the most recent contin9 uous welded rail programs of each railroad 

10 within the inspectors’ areas of responsibility 

11 and require that inspectors use those programs 

12 when conducting track inspections; and 

13 (C) establish a program to review contin14 uous welded rail joint bar inspection data from 

15 railroads and Administration track inspectors 

16 periodically. 

17 (2) Whenever the Administration determines 

18 that it is necessary or appropriate the Administra19 tion may require railroads to increase the frequency 

20 of inspection, or improve the methods of inspection, 

21 of joint bars in continuous welded rail. 

22 (b) TANK CAR STANDARDS.—The Federal Railroad 

23 Administration shall—

24 (1) validate a predictive model to quantify the 

25 relevant dynamic forces acting on railroad tank cars 
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1 under accident conditions within 1 year after the 

2 date of enactment of this Act; and 

3 (2) initiate a rulemaking to develop and imple4 ment appropriate design standards for pressurized 

5 tank cars within 18 months after the date of enact6 ment of this Act. 

7 (c) OLDER TANK CAR IMPACT RESISTANCE ANAL8 YSIS AND REPORT.—Within 1 year after the date of enact9 ment of this Act the Federal Railroad Administration shall 

10 conduct a comprehensive analysis to determine the impact 

11 resistance of the steels in the shells of pressure tank cars 

12 constructed before 1989. Within 6 months after com13 pleting that analysis the Administration shall—

14 (1) establish a program to rank those cars ac15 cording to their risk of catastrophic fracture and 

16 separation; 

17 (2) implement measures to eliminate or miti18 gate this risk; and 

19 (3) transmit a report to the Senate Committee 

20 on Commerce, Science, and Transportation and the 

21 House of Representatives Committee on Transpor22 tation and Infrastructure setting forth the measures 

23 implemented. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to the Federal Railroad 
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1 Administration $1,000,000 for fiscal year 2006 to carry 

2 out this section, such sums to remain available until ex3 pended. 

4 SEC. 370. REPORT REGARDING IMPACT ON PUBLIC SAFETY 

5 OF TRAIN TRAVEL IN COMMUNITIES WITH6 OUT GRADE SEPARATION. 

7 (a) STUDY.—The Secretary of Transporation shall, 

8 in consultation with State and local government officials, 

9 conduct a study of the impact of blocked highway-railroad 

10 grade crossings on the ability of emergency responders to 

11 perform public safety and security duties. 

12 (b) REPORT ON THE IMPACT OF BLOCKED HIGH13 WAY-RAILROAD GRADE CROSSINGS ON EMERGENCY RE14 SPONDERS.—Not later than 1 year after the date of enact15 ment of this Act, the Secretary shall submit the results 

16 of the study and recommendations for reducing the impact 

17 of blocked crossings on emergency response to the Senate 

18 Committee on Commerce, Science, and Transportation 

19 and the House of Representatives Committee on Trans20 portation and Infrastructure. 

21 SEC. 371. HAZARDOUS MATERIALS COOPERATIVE RE22 SEARCH PROGRAM. 

23 (a) IN GENERAL.—There are authorized to be appro24 priated to the Secretary of Transportation $2,000,000 for 

25 each of fiscal years 2005 through 2009 to develop and 
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1 administer a hazardous materials cooperative research 

2 program. 

3 (b) GOVERNANCE.—The Secretary of Transportation 

4 shall establish an independent governing board to select 

5 projects and studies to be carried out under the hazardous 

6 materials cooperative research program. The Board shall 

7 be comprised of one voting representative from the fol8 lowing: 

9 (1) The Federal Aviation Administration. 

10 (2) The Federal Motor Carrier Administration. 

11 (3) The Federal Transit Administration. 

12 (4) The Federal Railroad Administration. 

13 (5) The Maritime Administration. 

14 (6) The Research and Innovative Technology 

15 Administration. 

16 (7) The Pipeline and Hazardous Materials 

17 Safety Administration. 

18 (8) The Department of Homeland Security. 

19 (9) The Department of Energy. 

20 (10) The Environmental Protection Agency. 

21 (11) A State department of transportation. 

22 (12) A State emergency management agency. 

23 (13) A nonprofit organization representing 

24 emergency responders. 

25 (14) A hazmat employer. 
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1 (15) A nonprofit organization representing 

2 hazmat employees. 

3 (16) A hazardous materials shipper. 

4 (17) A hazardous materials manufacturer. 

5 (18) An organization representing the haz6 ardous materials manufacturing industry. 

7 (19) A research university or research institu8 tion. 

9 (20) Additional representatives as the Secretary 

10 considers appropriate. 

11 (c) RESEARCH STUDIES.—Under the cooperative re12 search program, the governing board shall select coopera13 tive research studies of hazardous materials transpor14 tation that are cross-cutting in nature and that consider 

15 issues not adequately addressed by existing Federal or pri16 vate sector research programs. Priority shall be given to 

17 research studies that will yield results immediately appli18 cable to risk analysis and mitigation or that will strength19 en the ability of first responders to respond to incidents 

20 and accidents involving transportation of hazardous mate21 rials. 

22 (d) SPECIAL RULES REGARDING STUDIES.—

23 (1) SAFETY AND SECURITY.—The purpose of at 

24 least one of the studies to be conducted under the 

25 cooperative research program shall be—
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1 (A) to provide an assessment of opportuni2 ties for integrating and supplementing safety 

3 and security measures for hazardous materials 

4 transportation; 

5 (B) to identify areas where safety and se6 curity measures currently utilized in the trans7 portation of hazardous materials conflict or 

8 complement one another; 

9 (C) to outline a comprehensive approach to 

10 hazardous materials transportation that effec11 tively incorporates safety and security proce12 dures; and 

13 (D) to produce a model of reasonable State 

14 and local risk response and management plans 

15 that effectively address safety and security of 

16 hazardous materials transportation. 

17 (2) PERFORMANCE DATA FOR BULK CON18 TAINERS.—The purpose of at least one of the stud19 ies to be conducted under the research program shall 

20 be to provide—

21 (A) an analysis of, and recommendations 

22 for, the design and funding of a nationwide sys23 tem capable of collecting and analyzing per24 formance data from bulk containers involved in 

25 transportation accidents; and 
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1 (B) recommendations that can be used to 

2 develop conditional release probabilities for var3 ious container design specifications (by trans4 port mode). 

5 (3) PACKAGING REQUIREMENTS.—The purpose 

6 of at least one of the studies to be conducted under 

7 the research program shall be to provide an analysis 

8 of recommendations on appropriate packaging re9 quirements for those hazardous materials that are 

10 most frequently involved in release incidents. 

11 (4) ROUTING.—The purpose of at least one of 

12 the studies to be conducted under the research pro13 gram shall be to identify the components that could 

14 comprise a model of risk and consequence analysis 

15 in rail and highway transportation and that can be 

16 used to facilitate decisionmaking regarding the rout17 ing of hazardous materials shipments and the devel18 opment of regulations regarding mandatory routing 

19 decisions. 

20 (5) RESPONSE COVERAGE.—The purpose of at 

21 least one of the studies to be conducted under the 

22 research program shall be to provide an assessment 

23 of the quality of response coverage for hazardous 

24 materials incidents, including cost-effective strate25 gies for improving response capabilities and making 
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1 recommendations on systematic approaches that 

2 could be used to allocate government funding to en3 hance response capability. 

4 (e) IMPLEMENTATION.—The Secretary of Transpor5 tation shall make grants to, and enter a cooperative agree6 ment with, the National Academy of Sciences to carry out 

7 activities under this Act. 

8 (f) REPORT.—Not later than 1 year after the date 

9 of enactment of this Act, the Secretary shall transmit a 

10 report to the Committee on Transportation and Infra11 structure of the House of Representatives and the Com12 mittee on Commerce, Science, and Transportation of the 

13 Senate on the effectiveness of the program in meeting the 

14 needs of government and the private sector for cooperative 

15 research on hazardous materials transportation. 

16 (g) DEFINITIONS.—In this section, the terms 

17 ‘hazmat employer’ and ‘hazmat employee’ have the mean18 ing given those terms in section 5102 of title 49, United 

19 States Code. 

20 Subtitle C—Sanitary Food 

21 Transportation 

22 SEC. 381. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘Sanitary Food 

24 Transportation Act of 2005’’. 
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1 SEC. 382. RESPONSIBILITIES OF THE SECRETARY OF 

2 HEALTH AND HUMAN SERVICES. 

3 (a) UNSANITARY TRANSPORT DEEMED ADULTERA4 TION.—Section 402 of the Federal Food, Drug, and Cos5 metic Act (21 U.S.C. 342) is amended by adding at the 

6 end the following: 

7 ‘‘(i) NONCOMPLIANCE WITH SANITARY TRANSPOR8 TATION PRACTICES.—If the food is transported under 

9 conditions that are not in compliance with the sanitary 

10 transportation practices prescribed by the Secretary under 

11 section 416.’’. 

12 (b) SANITARY TRANSPORTATION REQUIREMENTS.—

13 Chapter IV of the Federal Food, Drug, and Cosmetic Act 

14 (21 U.S.C. 341 et seq.) is amended by adding at the end 

15 the following: 

16 ‘‘SEC. 316. SANITARY TRANSPORTATION PRACTICES. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) BULK VEHICLE.—The term ‘bulk vehicle’ 

19 includes a tank truck, hopper truck, rail tank car, 

20 hopper car, cargo tank, portable tank, freight con21 tainer, or hopper bin, and any other vehicle in which 

22 food is shipped in bulk, with the food coming into 

23 direct contact with the vehicle. 

24 ‘‘(2) TRANSPORTATION.—The term ‘transpor25 tation’ means any movement in commerce by motor 

26 vehicle or rail vehicle. 
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1 ‘‘(b) REGULATIONS.—The Secretary shall by regula2 tion require shippers, carriers by motor vehicle or rail ve3 hicle, receivers, and other persons engaged in the trans4 portation of food to use sanitary transportation practices 

5 prescribed by the Secretary to ensure that food is not 

6 transported under conditions that may render the food 

7 adulterated. 

8 ‘‘(c) CONTENTS.—The regulations shall—

9 ‘‘(1) prescribe such practices as the Secretary 

10 determines to be appropriate relating to—

11 ‘‘(A) sanitation; 

12 ‘‘(B) packaging, isolation, and other pro13 tective measures; 

14 ‘‘(C) limitations on the use of vehicles; 

15 ‘‘(D) information to be disclosed—

16 ‘‘(i) to a carrier by a person arranging 

17 for the transport of food; and 

18 ‘‘(ii) to a manufacturer or other per19 son that—

20 ‘‘(I) arranges for the transpor21 tation of food by a carrier; or 

22 ‘‘(II) furnishes a tank vehicle or 

23 bulk vehicle for the transportation of 

24 food; and 

25 ‘‘(E) recordkeeping; and 
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1 ‘‘(2) include—

2 ‘‘(A) a list of nonfood products that the 

3 Secretary determines may, if shipped in a bulk 

4 vehicle, render adulterated food that is subse5 quently transported in the same vehicle; and 

6 ‘‘(B) a list of nonfood products that the 

7 Secretary determines may, if shipped in a 

8 motor vehicle or rail vehicle (other than a tank 

9 vehicle or bulk vehicle), render adulterated food 

10 that is simultaneously or subsequently trans11 ported in the same vehicle. 

12 ‘‘(d) WAIVERS.— 

13 ‘‘(1) IN GENERAL.—The Secretary may waive 

14 any requirement under this section, with respect to 

15 any class of persons, vehicles, food, or nonfood prod16 ucts, if the Secretary determines that the waiver—

17 ‘‘(A) will not result in the transportation 

18 of food under conditions that would be unsafe 

19 for human or animal health; and 

20 ‘‘(B) will not be contrary to the public in21 terest. 

22 ‘‘(2) PUBLICATION.—The Secretary shall pub23 lish in the Federal Register any waiver and the rea24 sons for the waiver. 

25 ‘‘(e) PREEMPTION.— 
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1 ‘‘(1) IN GENERAL.—No State or political sub2 division of a State may directly or indirectly estab3 lish or continue in effect, as to any food in interstate 

4 commerce, any authority or requirement concerning 

5 transportation of food that is not identical to an au6 thority or requirement under this section. 

7 ‘‘(2) APPLICABILITY.—This subsection applies 

8 to transportation that occurs on or after the effec9 tive date of the regulations promulgated under sub10 section (b). 

11 ‘‘(f) ASSISTANCE OF OTHER AGENCIES.—The Sec12 retary of Transportation, the Secretary of Agriculture, the 

13 Administrator of the Environmental Protection Agency, 

14 and the heads of other Federal agencies, as appropriate, 

15 shall provide assistance on request, to the extent resources 

16 are available, to the Secretary for the purposes of carrying 

17 out this section.’’. 

18 (c) INSPECTION OF TRANSPORTATION RECORDS.— 

19 (1) REQUIREMENT.—Section 703 of the Fed20 eral Food, Drug, and Cosmetic Act (21 U.S.C. 373) 

21 is amended—

22 (A) by striking ‘‘OF INTERSTATE 

23 SHIPMENT’’ in the section caption; 
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1 (B) by striking ‘‘For the purpose’’ and in2 serting ‘‘(a) IN GENERAL.—For the purpose’’; 

3 and 

4 (C) by adding at the end the following: 

5 ‘‘(b) FOOD TRANSPORTATION RECORDS.—A shipper, 

6 carrier by motor vehicle or rail vehicle, receiver, or other 

7 person subject to section 416 shall, on request of an officer 

8 or employee designated by the Secretary, permit the offi9 cer or employee, at reasonable times, to have access to 

10 and to copy all records that the Secretary requires to be 

11 kept under section 416(c)(1)(E).’’. 

12 (2) CONFORMING AMENDMENT.—Subsection (a) 

13 of section 703 of the Federal Food, Drug, and Cos14 metic Act (as designated by paragraph (1)(A)) is 

15 amended by striking ‘‘carriers.’’ and inserting ‘‘car16 riers, except as provided in subsection (b).’’. 

17 (d) PROHIBITED ACTS.— 

18 (1) RECORDS INSPECTION.—Section 301(e) of 

19 the Federal Food, Drug, and Cosmetic Act (21 

20 U.S.C. 331(e)) is amended by inserting ‘‘416,’’ be21 fore ‘‘504,’’ each place it appears. 

22 (2) UNSAFE FOOD TRANSPORTATION.—Section 

23 301 of the Federal Food, Drug, and Cosmetic Act 

24 (21 U.S.C. 331) is amended by adding at the end 

25 the following: 
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1 ‘‘(hh) NONCOMPLIANCE WITH SANITARY TRANSPOR2 TATION PRACTICES.—The failure by a shipper, carrier by 

3 motor vehicle or rail vehicle, receiver, or any other person 

4 engaged in the transportation of food to comply with the 

5 sanitary transportation practices prescribed by the Sec6 retary under section 416.’’. 

7 SEC. 383. DEPARTMENT OF TRANSPORTATION REQUIRE8 MENTS. 

9 Chapter 57, is amended to read as follows: 

10 ‘‘CHAPTER 57—SANITARY FOOD 

11 TRANSPORTATION

‘‘Sec. 

‘‘5701. Food transportation safety inspections.

12 ‘‘§ 5701. Food transportation safety inspections 

13 ‘‘(a) INSPECTION PROCEDURES.— 

14 ‘‘(1) IN GENERAL.—The Secretary of Transpor15 tation, in consultation with the Secretary of Health 

16 and Human Services and the Secretary of Agri17 culture, shall—

18 ‘‘(A) establish procedures for transpor19 tation safety inspections for the purpose of 

20 identifying suspected incidents of contamination 

21 or adulteration of—

22 ‘‘(i) food in violation of regulations 

23 promulgated under section 416 of the Fed24 eral Food, Drug, and Cosmetic Act; 
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1 ‘‘(ii) meat subject to detention under 

2 section 402 of the Federal Meat Inspection 

3 Act (21 U.S.C. 672); and 

4 ‘‘(iii) poultry products subject to de5 tention under section 19 of the Poultry 

6 Products Inspection Act (21 U.S.C. 467a); 

7 and 

8 ‘‘(B) train personnel of the Department of 

9 Transportation in the appropriate use of the 

10 procedures. 

11 ‘‘(2) APPLICABILITY.—The procedures estab12 lished under paragraph (1) of this subsection shall 

13 apply, at a minimum, to Department of Transpor14 tation personnel that perform commercial motor ve15 hicle or railroad safety inspections. 

16 ‘‘(b) NOTIFICATION OF SECRETARY OF HEALTH AND

17 HUMAN SERVICES OR SECRETARY OF AGRICULTURE.—

18 The Secretary of Transportation shall promptly notify the 

19 Secretary of Health and Human Services or the Secretary 

20 of Agriculture, as applicable, of any instances of potential 

21 food contamination or adulteration of a food identified 

22 during transportation safety inspections. 

23 ‘‘(c) USE OF STATE EMPLOYEES.—The means by 

24 which the Secretary of Transportation carries out sub25 section (b) of this section may include inspections con-
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1 ducted by State employees using funds authorized to be 

2 appropriated under sections 31102 through 31104 of this 

3 title.’’. 

4 SEC. 384. EFFECTIVE DATE. 

5 This subtitle takes effect on October 1, 2005. 

6 TITLE IV—HOUSEHOLD GOODS 

7 MOVERS 

8 SEC. 401. SHORT TITLE. 

9 This title may be cited as the ‘‘Household Goods 

10 Mover Oversight Enforcement and Reform Act of 2005’’. 

11 SEC. 402. DEFINITIONS. 

12 In this title, the terms ‘‘carrier’’, ‘‘household goods’’, 

13 ‘‘motor carrier’’, ‘‘Secretary’’, and ‘‘transportation’’ have 

14 the meaning given such terms in section 13102 of title 

15 49, United States Code. 

16 SEC. 403. PAYMENT OF RATES. 

17 Section 13707(b) is amended by adding at the end 

18 the following: 

19 ‘‘(3) SHIPMENTS OF HOUSEHOLD GOODS.— 

20 ‘‘(A) IN GENERAL.—A carrier providing 

21 transportation for a shipment of household 

22 goods shall give up possession of the household 

23 goods transported at the destination upon pay24 ment of—
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1 ‘‘(i) 100 percent of the charges con2 tained in a binding estimate provided by 

3 the carrier; 

4 ‘‘(ii) not more than 110 percent of the 

5 charges contained in a nonbinding estimate 

6 provided by the carrier; or 

7 ‘‘(iii) in the case of a partial delivery 

8 of the shipment, the prorated percentage 

9 of the charges calculated in accordance 

10 with subparagraph (B). 

11 ‘‘(B) CALCULATION OF PRORATED

12 CHARGES.—For purposes of subparagraph 

13 (A)(iii), the prorated percentage of the charges 

14 shall be the percentage of the total charges due 

15 to the carrier as described in clause (i) or (ii) 

16 of subparagraph (A) that is equal to the per17 centage of the weight of that portion of the 

18 shipment delivered to the total weight of the 

19 shipment. 

20 ‘‘(C) POST-CONTRACT SERVICES.—Sub21 paragraph (A) does not apply to additional 

22 services requested by a shipper after the con23 tract of service is executed that were not in24 cluded in the estimate. 
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1 ‘‘(D) IMPRACTICABLE OPERATIONS.—Sub2 paragraph (A) does not apply to impracticable 

3 operations, as defined by the applicable carrier 

4 tariff, except that the charges collected at deliv5 ery for such operations shall not exceed 15 per6 cent of all other charges due at delivery. Any 

7 remaining charges due shall be paid within 30 

8 days after the carrier presents its freight bill.’’. 

9 SEC. 404. HOUSEHOLD GOODS CARRIER OPERATIONS. 

10 Section 14104(b) is amended—

11 (1) by redesignating paragraph (2) as para12 graph (4); and 

13 (2) by inserting after paragraph (1) the fol14 lowing: 

15 ‘‘(2) OTHER INFORMATION.—At the time that a 

16 motor carrier provides the written estimate required 

17 by paragraph (1), the motor carrier shall provide the 

18 shipper a copy of the Department of Transportation 

19 publication FMCSA–ESA–03–005 (or its successor 

20 edition or publication) entitled ‘Ready to Move?’. Be21 fore the execution of a contract for service, a motor 

22 carrier shall provide the shipper a copy of the De23 partment of Transportation publication OCE 100, 

24 entitled ‘Your Rights and Responsibilities When You 

25 Move’ required by section 375.2 of title 49, Code of 
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1 Federal Regulations (or any corresponding similar 

2 regulation). 

3 ‘‘(3) BINDING AND NONBINDING ESTIMATES.—

4 The written estimate required by paragraph (1) may 

5 be either binding or nonbinding. The written esti6 mate shall be based on a visual inspection of the 

7 household goods if the household goods are located 

8 within a 50-mile radius of the location of the car9 rier’s household goods agent preparing the estimate. 

10 The Secretary may not prohibit any such carrier 

11 from charging a prospective shipper for providing a 

12 written, binding estimate for the transportation and 

13 related services.’’. 

14 SEC. 405. LIABILITY OF CARRIERS UNDER RECEIPTS AND 

15 BILLS OF LADING. 

16 Section 14706(f) is amended—

17 (1) by resetting the text as a paragraph in18 dented 2 ems from the left margin and inserting 

19 ‘‘(1) IN GENERAL.—’’ before ‘‘A carrier’’; and 

20 (2) by adding at the end, the following: 

21 ‘‘(2) FULL VALUE PROTECTION OBLIGATION.—

22 Unless the carrier receives a waiver in writing under 

23 paragraph (3), a carrier’s maximum liability for 

24 household goods that are lost, damaged, destroyed, 

25 or otherwise not delivered to the final destination is 
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1 an amount equal to the replacement value of such 

2 goods, subject to a maximum amount equal to the 

3 declared value of the shipment, subject to rules 

4 issued by the Surface Transportation Board and ap5 plicable tariffs. 

6 ‘‘(3) APPLICATION OF RATES.—The released 

7 rates established by the Board under paragraph (1) 

8 (commonly known as ‘released rates’) shall not apply 

9 to the transportation of household goods by a carrier 

10 unless the liability of the carrier for the full value 

11 of such household goods under paragraph (2) is 

12 waived in writing by the shipper.’’. 

13 SEC. 406. ARBITRATION REQUIREMENTS. 

14 (a) OFFERING SHIPPERS ARBITRATION.—Section 

15 14708(a) is amended by striking ‘‘transported.’’ and in16 serting ‘‘transported and to determine whether carrier 

17 charges, in addition to those collected at delivery, must 

18 be paid by the shipper for transportation and services re19 lated to the transportation of household goods.’’. 

20 (b) THRESHOLD FOR BINDING ARBITRATION.—Sec21 tion 14708(b)(6) is amended by striking ‘‘$5,000’’ each 

22 place it appears and inserting ‘‘$10,000’’. 

23 (c) DEADLINE FOR DECISION.—Section 14708(b)(8) 

24 is amended—

25 (1) by striking ‘‘and’’; and 
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1 (2) by striking ‘‘damages.’’ and inserting ‘‘dam2 ages, and an order requiring the payment of addi3 tional carrier charges.’’. 

4 (d) ATTORNEY’S FEES TO SHIPPERS.—Section 

5 14708(d)(3) is amended to read as follows: 

6 ‘‘(3)(A) the shipper was not advised by the car7 rier during the claim settlement process that a dis8 pute settlement program was available to resolve the 

9 dispute; 

10 ‘‘(B) a decision resolving the dispute was not 

11 rendered through arbitration under this section with12 in the period provided under subsection (b)(8) of 

13 this section or an extension of such period under 

14 such subsection; or 

15 ‘‘(C) the court proceeding is to enforce a deci16 sion rendered through arbitration under this section 

17 and is instituted after the period for performance 

18 under such decision has elapsed.’’. 

19 (e) REVIEW AND REPORT ON DISPUTE SETTLEMENT

20 PROGRAMS.— 

21 (1) REVIEW AND REPORT.—Not later than 18 

22 months after the date of enactment of this Act, the 

23 Secretary of Transportation shall complete a review 

24 of the outcomes and the effectiveness of the pro25 grams carried out under title 49, United States 
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1 Code, to settle disputes between motor carriers and 

2 shippers and submit a report on the review to the 

3 Senate Committee on Commerce, Science, and 

4 Transportation and the House of Representatives 

5 Committee on Transportation and Infrastructure. 

6 The report shall describe—

7 (A) the subject of, and amounts at issue 

8 in, the disputes; 

9 (B) patterns in disputes or settlements; 

10 (C) the prevailing party in disputes, if 

11 identifiable; and 

12 (D) any other matters the Secretary con13 siders appropriate. 

14 (2) REQUIREMENT FOR PUBLIC COMMENT.—

15 The Secretary shall publish notice of the review re16 quired by paragraph (1) and provide an opportunity 

17 for the public to submit comments on the effective18 ness of such programs. Notwithstanding any con19 fidentiality or non-disclosure provision in a settle20 ment agreement between a motor carrier and a ship21 per, it shall not be a violation of that provision for 

22 a motor carrier or shipper to submit a copy of the 

23 settlement agreement, or to provide information in24 cluded in the agreement, to the Secretary for use in 

25 evaluating dispute settlement programs under this 
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1 subsection. Notwithstanding anything to the con2 trary in section 552 of title 5, United States Code, 

3 the Secretary may not post on the Department of 

4 Transportation’s electronic docket system, or make 

5 available to any requester in paper or electronic for6 mat, any information submitted to the Secretary by 

7 a motor carrier or shipper under the preceding sen8 tence. The Secretary shall use the settlement agree9 ments or other information submitted by a motor 

10 carrier or shipper solely to evaluate the effectiveness 

11 of dispute settlement programs and shall not include 

12 in the report required by this subsection the names, 

13 or other identifying information concerning, motor 

14 carriers or shippers that submitted comments or in15 formation under this subsection. 

16 SEC. 407. ENFORCEMENT OF REGULATIONS RELATED TO 

17 TRANSPORTATION OF HOUSEHOLD GOODS. 

18 (a) NONPREEMPTION OF INTRASTATE TRANSPOR19 TATION OF HOUSEHOLD GOODS.—Section 

20 14501(c)(2)(B) is amended by inserting ‘‘intrastate’’ be21 fore ‘‘transportation’’. 

22 (b) ENFORCEMENT OF FEDERAL LAW WITH RE23 SPECT TO INTERSTATE HOUSEHOLD GOODS CARRIERS.— 

24 (1) IN GENERAL.—Chapter 147 is amended by 

25 adding at the end the following: 
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1 ‘‘§ 14710. Enforcement of Federal laws and regula2 tions with respect to transportation of 

3 household goods 

4 ‘‘(a) ENFORCEMENT BY STATES.—Notwithstanding 

5 any other provision of this title, a State authority may 

6 enforce the consumer protection provisions that apply to 

7 individual shippers, as determined by the Secretary of 

8 Transportation, of this title that are related to the delivery 

9 and transportation of household goods in interstate com10 merce. Any fine or penalty imposed on a carrier in a pro11 ceeding under this subsection shall, notwithstanding any 

12 provision of law to the contrary, be paid to and retained 

13 by the State. 

14 ‘‘(b) NOTICE.—The State shall serve written notice 

15 to the Secretary or the Board, as the case may be, of any 

16 civil action under subsection (a) prior to initiating such 

17 civil action. The notice shall include a copy of the com18 plaint to be filed to initiate such civil action, except that 

19 if it is not feasible for the State to provide such prior no20 tice, the State shall provide such notice immediately upon 

21 instituting such civil action. 

22 ‘‘(c) STATE AUTHORITY DEFINED.—The term ‘State 

23 authority’ means an agency of a State that has authority 

24 under the laws of the State to regulate the intrastate 

25 movement of household goods. 
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1 ‘‘§ 14711. Enforcement by State attorneys general 

2 ‘‘(a) IN GENERAL.—A State, as parens patriae, may 

3 bring a civil action on behalf of its residents in an appro4 priate district court of the United States to enforce the 

5 consumer protection provisions that apply to individual 

6 shippers, as determined by the Secretary of Transpor7 tation, of this title that are related to the delivery and 

8 transportation of household goods in interstate commerce, 

9 or regulations or orders of the Secretary or the Board 

10 thereunder, or to impose the civil penalties authorized by 

11 this part or such regulation or order, whenever the attor12 ney general of the State has reason to believe that the 

13 interests of the residents of the State have been or are 

14 being threatened or adversely affected by a carrier or 

15 broker providing transportation subject to jurisdiction 

16 under subchapter I or III of chapter 135 of this title, or 

17 a foreign motor carrier providing transportation registered 

18 under section 13902 of this title, that is engaged in house19 hold goods transportation that violates this part or a regu20 lation or order of the Secretary or Board, as applicable, 

21 promulgated under this part. 

22 ‘‘(b) NOTICE.—The State shall serve written notice 

23 to the Secretary or the Board, as the case may be, of any 

24 civil action under subsection (a) prior to initiating such 

25 civil action. The notice shall include a copy of the com26 plaint to be filed to initiate such civil action, except that 
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1 if it is not feasible for the State to provide such prior no2 tice, the State shall provide such notice immediately upon 

3 instituting such civil action. 

4 ‘‘(c) AUTHORITY TO INTERVENE.—Upon receiving 

5 the notice required by subsection (b), the Secretary or 

6 Board may intervene in such civil action and upon inter7 vening—

8 ‘‘(1) be heard on all matters arising in such 

9 civil action; and 

10 ‘‘(2) file petitions for appeal of a decision in 

11 such civil action. 

12 ‘‘(d) CONSTRUCTION.—For purposes of bringing any 

13 civil action under subsection (a), nothing in this section 

14 shall prevent the attorney general of a State from exer15 cising the powers conferred on the attorney general by the 

16 laws of such State to conduct investigations or to admin17 ister oaths or affirmations or to compel the attendance 

18 of witnesses or the production of documentary and other 

19 evidence. 

20 ‘‘(e) VENUE; SERVICE OF PROCESS.—In a civil action 

21 brought under subsection (a)— 

22 ‘‘(1) the venue shall be a judicial district in 

23 which—

24 ‘‘(A) the carrier, foreign motor carrier, or 

25 broker operates; 
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1 ‘‘(B) the carrier, foreign motor carrier, or 

2 broker was authorized to provide transportation 

3 at the time the complaint arose; or 

4 ‘‘(C) where the defendant in the civil ac5 tion is found; 

6 ‘‘(2) process may be served without regard to 

7 the territorial limits of the district or of the State 

8 in which the civil action is instituted; and 

9 ‘‘(3) a person who participated with a carrier or 

10 broker in an alleged violation that is being litigated 

11 in the civil action may be joined in the civil action 

12 without regard to the residence of the person. 

13 ‘‘(f) ENFORCEMENT OF STATE LAW.—Nothing con14 tained in this section shall prohibit an authorized State 

15 official from proceeding in State court to enforce a crimi16 nal statute of such State.’’. 

17 (c) INDIVIDUAL SHIPPER DEFINED.—Section 13102 

18 is amended by redesignating paragraphs (12) through 

19 (24) as paragraphs (13) through (25) and by inserting 

20 after paragraph (11) the following: 

21 ‘‘(12) INDIVIDUAL SHIPPER.—The term ‘indi22 vidual shipper’ means any person who—

23 ‘‘(A) is the shipper, consignor, or consignee 

24 of a household goods shipment; 
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1 ‘‘(B) is identified as the shipper, consignor, 

2 or consignee on the face of the bill of lading; 

3 ‘‘(C) owns the goods being transported; 

4 and 

5 ‘‘(D) pays his or her own tariff transpor6 tation charges.’’. 

7 (c) CONFORMING AMENDMENT.—The analysis for 

8 chapter 147 is amended by inserting after the item relat9 ing to section 14709 the following:

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

‘‘14711. Enforcement by State attorneys general.’’.

10 SEC. 408. WORKING GROUP FOR DEVELOPMENT OF PRAC11 TICES AND PROCEDURES TO ENHANCE FED12 ERAL-STATE RELATIONS. 

13 (a) IN GENERAL.—Not later than 90 days after the 

14 date of enactment of this Act, the Secretary shall establish 

15 a working group of State attorneys general, State authori16 ties that regulate the movement of household goods, and 

17 Federal and local law enforcement officials for the purpose 

18 of developing practices and procedures to enhance the 

19 Federal-State partnership in enforcement efforts, ex20 change of information, and coordination of enforcement 

21 efforts with respect to interstate transportation of house22 hold goods and making legislative and regulatory rec23 ommendations to the Secretary concerning such enforce24 ment efforts. 
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1 (b) CONSULTATION.—In carrying out subsection (a), 

2 the working group shall consult with industries involved 

3 in the transportation of household goods, the public, and 

4 other interested parties. 

5 SEC. 409. INFORMATION ABOUT HOUSEHOLD GOODS 

6 TRANSPORTATION ON CARRIERS’ WEBSITES. 

7 Not later than 1 year after the date of enactment 

8 of this Act, the Secretary shall modify the regulations con9 tained in part 375 of title 49, Code of Federal Regula10 tions, to require a motor carrier or broker that is subject 

11 to such regulations and that establishes and maintains a 

12 website to prominently display on the website—

13 (1) the number assigned to the motor carrier or 

14 broker by the Department of Transportation; 

15 (2) the OCE 100 publication referred to in sec16 tion 14104(b)(2) of title 49, United States Code; 

17 and 

18 (3) in the case of a broker, a list of all motor 

19 carriers providing transportation of household goods 

20 used by the broker and a statement that the broker 

21 is not a motor carrier providing transportation of 

22 household goods. 
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1 SEC. 410. CONSUMER COMPLAINTS. 

2 (a) REQUIREMENT FOR DATABASE.—Subchapter II 

3 of chapter 141 is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 14124. Consumer complaints 

6 ‘‘(a) ESTABLISHMENT OF SYSTEM AND DATABASE.—

7 The Secretary of Transportation shall—

8 ‘‘(1) establish a system to—

9 ‘‘(A) file and log a complaint made by a 

10 shipper that relates to motor carrier transpor11 tation of household goods; and 

12 ‘‘(B) to solicit information gathered by a 

13 State regarding the number and type of com14 plaints involving the interstate transportation of 

15 household goods; 

16 ‘‘(2) establish a database of such complaints; 

17 and 

18 ‘‘(3) develop a procedure—

19 ‘‘(A) to provide public access to the data20 base, subject to section 522a of title 5; 

21 ‘‘(B) to forward a complaint, including the 

22 motor carrier bill of lading number, if known, 

23 related to the complaint to a motor carrier 

24 named in such complaint and to an appropriate 

25 State authority (as defined in section 14710(c) 
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1 in the State in which the complainant resides; 

2 and 

3 ‘‘(C) to permit a motor carrier to challenge 

4 information in the database. 

5 ‘‘(b) SUMMARY TO CONGRESS.—The Secretary shall 

6 transmit a summary each year of the complaints filed and 

7 logged under subsection (a) for the preceding calendar 

8 year to the Senate Committee on Commerce, Science, and 

9 Transportation and the House of Representatives Com10 mittee on Transportation and Infrastructure.’’. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

12 chapter 141 is amended by inserting after the item relat13 ing to section 14123 the following:

‘‘14124. Consumer complaints.’’.

14 SEC. 411. REVIEW OF LIABILITY OF CARRIERS. 

15 (a) REVIEW.—Not later than 1 year after the date 

16 of enactment of this Act, the Surface Transportation 

17 Board shall complete a review of the current Federal regu18 lations regarding the level of liability protection provided 

19 by motor carriers that provide transportation of household 

20 goods and revise such regulations, if necessary, to provide 

21 enhanced protection in the case of loss or damage. 

22 (b) DETERMINATIONS.—The review required by sub23 section (a) shall include a determination of—

24 (1) whether the current regulations provide ade25 quate protection; 
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1 (2) the benefits of purchase by a shipper of in2 surance to supplement the carrier’s limitations on li3 ability; 

4 (3) whether there are abuses of the current reg5 ulations that leave the shipper unprotected in the 

6 event of loss and damage to a shipment of household 

7 goods; and 

8 (4) whether the section 14706 of title 49, 

9 United States Code, should be modified. 

10 SEC. 412. CIVIL PENALTIES RELATING TO HOUSEHOLD 

11 GOODS BROKERS. 

12 Section 14901(d) is amended—

13 (1) by resetting the text as a paragraph in14 dented 2 ems from the left margin and inserting 

15 ‘‘(1) IN GENERAL.—’’ before ‘‘If a carrier’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(2) ESTIMATE OF BROKER WITHOUT CARRIER

18 AGREEMENT.—If a broker for transportation of 

19 household goods subject to jurisdiction under sub20 chapter I of chapter 135 of this title makes an esti21 mate of the cost of transporting any such goods be22 fore entering into an agreement with a carrier to 

23 provide transportation of household goods subject to 

24 such jurisdiction, the broker is liable to the United 
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1 States for a civil penalty of not less than $10,000 

2 for each violation. 

3 ‘‘(3) UNAUTHORIZED TRANSPORTATION.—If a 

4 person provides transportation of household goods 

5 subject to jurisdiction under subchapter I of chapter 

6 135 this title or provides broker services for such 

7 transportation without being registered under chap8 ter 139 of this title to provide such transportation 

9 or services as a motor carrier or broker, as the case 

10 may be, such person is liable to the United States 

11 for a civil penalty of not less than $25,000 for each 

12 violation.’’. 

13 SEC. 413. CIVIL AND CRIMINAL PENALTY FOR FAILING TO 

14 GIVE UP POSSESSION OF HOUSEHOLD 

15 GOODS. 

16 (a) IN GENERAL.—Chapter 149 is amended by add17 ing at the end the following: 

18 ‘‘§ 14915. Penalties for failure to give up possession of 

19 household goods 

20 ‘‘(a) CIVIL PENALTY.—Whoever is found to have 

21 failed to give up possession of household goods is liable 

22 to the United States for a civil penalty of not less than 

23 $10,000. Each day a carrier is found to have failed to 

24 give up possession of household goods may constitute a 

25 separate violation. If such person is a carrier or broker, 
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1 the Secretary may suspend the registration of such carrier 

2 or broker under chapter 139 of this title for a period of 

3 up to 24 months. 

4 ‘‘(b) CRIMINAL PENALTY.—Whoever has been con5 victed of having failed to give up possession of household 

6 goods shall be fined under title 18 or imprisoned for not 

7 more than 5 years, or both. 

8 ‘‘(c) FAILURE TO GIVE UP POSSESSION OF HOUSE9 HOLD GOODS DEFINED.—For purposes of this section, 

10 the term ‘failed to give up possession of household goods’ 

11 means the knowing and willful failure, in violation of a 

12 contract, to deliver to, or unload at, the destination of a 

13 shipment of household goods that is subject to jurisdiction 

14 under subchapter I or III of chapter 135 of this title, for 

15 which charges have been estimated by the motor carrier 

16 providing transportation of such goods, and for which the 

17 shipper has tendered a payment described in clause (i), 

18 (ii), or (iii) of section 13707(b)(3)(A) of this title.’’. 

19 (b) CONFORMING AMENDMENT.—The analysis for 

20 such chapter is amended by adding at the end the fol21 lowing:

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

22 SEC. 414. PROGRESS REPORT. 

23 Not later than 1 year after the date of enactment 

24 of this Act, the Secretary shall transmit to Congress a 
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1 report on the progress being made in implementing the 

2 provisions of this title. 

3 SEC. 415. ADDITIONAL REGISTRATION REQUIREMENTS FOR 

4 MOTOR CARRIERS OF HOUSEHOLD GOODS. 

5 Section 13902(a) is amended—

6 (1) by striking paragraphs (2) and (3); 

7 (2) by redesignating paragraph (4) as para8 graph (5) and inserting after paragraph (1) the fol9 lowing: 

10 ‘‘(2) ADDITIONAL REGISTRATION REQUIREMENTS

11 FOR HOUSEHOLD GOODS TRANSPORTATION.—Notwith12 standing paragraph (1), the Secretary may register a per13 son to provide transportation of household goods (as de14 fined in section 13102(10) of this title) only after that 

15 person—

16 ‘‘(A) provides evidence of participation in 

17 an arbitration program and provides a copy of 

18 the notice of that program as required by sec19 tion 14708(b)(2) of this title; 

20 ‘‘(B) identifies its tariff and provides a 

21 copy of the notice of the availability of that tar22 iff for inspection as required by section 

23 13702(c) of this title; 

24 ‘‘(C) provides evidence that it has access 

25 to, has read, is familiar with, and will observe 
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1 all laws relating to consumer protection, esti2 mating, consumers’ rights and responsibilities, 

3 and options for limitations of liability for loss 

4 and damage; and 

5 ‘‘(D) discloses any relationship involving 

6 common stock, common ownership, common 

7 management, or common familial relationships 

8 between that person and any other motor car9 rier, freight forwarder, or broker of household 

10 goods within the past 3 years. 

11 ‘‘(3) CONSIDERATION OF EVIDENCE; FIND12 INGS.—The Secretary shall consider, and, to the ex13 tent applicable, make findings on any evidence dem14 onstrating that the registrant is unable to comply 

15 with any applicable requirement of paragraph (1) or, 

16 in the case of a registrant to which paragraph (2) 

17 applies, paragraph (1) or (2). 

18 ‘‘(4) WITHHOLDING.—If the Secretary deter19 mines that a registrant under this section does not 

20 meet, or is not able to meet, any requirement of 

21 paragraph (1) or, in the case of a registrant to 

22 which paragraph (2) applies, paragraph (1) or (2), 

23 the Secretary shall withhold registration.’’; and 

24 (3) by adding at the end of paragraph (5), as 

25 redesignated, ‘‘In the case of a registration for the 
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1 transportation of household goods (as defined in sec2 tion 13102(10 of this title), the Secretary may also 

3 hear a complaint on the ground that the registrant 

4 fails or will fail to comply with the requirements of 

5 paragraph (2) of this subsection.’’.

6 TITLE V—SPORTFISHING AND 

7 RECREATIONAL BOATING 

8 SAFETY 

9 SEC. 501. SHORT TITLE. 

10 This title may be cited as the ‘‘Sportfishing and Rec11 reational Boating Safety Act of 2005’’. 

12 Subtitle A—Federal Aid in Sport 

13 Fish Restoration Act Amendments 

14 SEC. 511. AMENDMENT OF FEDERAL AID IN SPORT FISH 

15 RESTORATION ACT. 

16 Except as otherwise expressly provided, whenever in 

17 this subtitle an amendment or repeal is expressed in terms 

18 of an amendment to, or repeal of, a section or other provi19 sion, the reference shall be considered to be made to a 

20 section or other provision of the Dingell-Johnson Sport 

21 Fish Restoration Act (16 U.S.C. 777 et seq.). 

22 SEC. 512. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) IN GENERAL.—Section 3 (16 U.S.C. 777b) is 

24 amended— 
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1 (1) by striking ‘‘the succeeding fiscal year.’’ in 

2 the third sentence and inserting ‘‘succeeding fiscal 

3 years.’’; and 

4 (2) by striking ‘‘in carrying on the research 

5 program of the Fish and Wildlife Service in respect 

6 to fish of material value for sport and recreation.’’ 

7 and inserting ‘‘to supplement the 57 percent of the 

8 balance of each annual appropriation to be appor9 tioned among the States, as provided for in section 

10 4(c).’’. 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) IN GENERAL.—Section 3 (16 U.S.C. 777b) 

13 is amended in the first sentence— 

14 (A) by striking ‘‘Sport Fish Restoration 

15 Account’’ and inserting ‘‘Sport Fish Restora16 tion and Boating Trust Fund’’; and 

17 (B) by striking ‘‘that Account.’’ and insert18 ing ‘‘that Trust Fund, except as provided in 

19 section 9504(c) of the Internal Revenue Code of 

20 1986.’’. 

21 (2) EFFECTIVE DATE.—The amendments made 

22 by paragraph (1) take effect on October 1, 2005. 

23 SEC. 513. DIVISION OF ANNUAL APPROPRIATIONS. 

24 Section 4 (16 U.S.C. 777c) is amended— 
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1 (1) by striking subsections (a) through (c) and 

2 redesignating subsections (d), (e), (f), and (g) as 

3 subsections (b), (c), (d), and (e), respectively; 

4 (2) by inserting before subsection (b), as redes5 ignated by paragraph (1), the following: 

6 ‘‘(a) IN GENERAL.—For fiscal years 2006 through 

7 2020, the balance of each annual appropriation made in 

8 accordance with the provisions of section 3 remaining 

9 after the distributions for administrative expenses and 

10 other purposes under subsection (b) and for multistate 

11 conservation grants under section 14 shall be distributed 

12 as follows: 

13 ‘‘(1) COASTAL WETLANDS.—18.5 percent to the 

14 Secretary of the Interior for distribution as provided 

15 in the Coastal Wetlands Planning, Protection, and 

16 Restoration Act (16 U.S.C. 3951 et seq.). 

17 ‘‘(2) BOATING SAFETY.—18.5 percent to the 

18 Secretary of Homeland Security for State rec19 reational boating safety programs under section 

20 13106 of title 46, United States Code. 

21 ‘‘(3) CLEAN VESSEL ACT.—2.0 percent to the 

22 Secretary of the Interior for qualified projects under 

23 section 5604(c) of the Clean Vessel Act of 1992 (33 

24 U.S.C. 1322 note). 
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1 ‘‘(4) BOATING INFRASTRUCTURE.—2.0 percent 

2 to the Secretary of the Interior for obligation for 

3 qualified projects under section 7404(d) of the 

4 Sportfishing and Boating Safety Act of 1998 (16 

5 U.S.C. 777g–1(d)). 

6 ‘‘(5) NATIONAL OUTREACH AND COMMUNICA7 TIONS.—2.0 percent to the Secretary of the Interior 

8 for the National Outreach and Communications Pro9 gram under section 8(d) of this Act. Such amounts 

10 shall remain available for 3 fiscal years, after which 

11 any portion thereof that is unobligated by the Sec12 retary for that program may be expended by the 

13 Secretary under subsection (c) of this section.’’; 

14 (3) by striking (b)(1)(A), as redesignated by 

15 paragraph (1), and inserting the following: 

16 ‘‘(A) SET-ASIDE.—For a fiscal year after 

17 fiscal year 2005, the Secretary of the Interior 

18 may use no more than the amount specified in 

19 subparagraph (B) for the fiscal year for ex20 penses of administration incurred in the imple21 mentation of this Act, in accordance with this 

22 section and section 9. The amount specified in 

23 subparagraph (B) for a fiscal year may not be 

24 included in the amount of the annual appro-
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1 priation distributed under subsection (a) for the 

2 fiscal year.’’; 

3 (4) by striking ‘‘Secretary of the Interior, after 

4 the distribution, transfer, use, and deduction under 

5 subsections (a), (b), (c), and (d), respectively, and 

6 after deducting amounts used for grants under sec7 tion 14, shall apportion the remainder’’ in subsection 

8 (c), as redesignated by paragraph (1), and inserting 

9 ‘‘Secretary, for a fiscal year after fiscal year 2005, 

10 after the distribution, transfer, use and deduction 

11 under subsection (b), and after deducting amounts 

12 used for grants under section 14 of this title, shall 

13 apportion 57 percent of the balance’’; 

14 (5) by striking ‘‘per centum’’ each place it ap15 pears in subsection (c), as redesignated by para16 graph (1), and inserting ‘‘percent’’; 

17 (6) by striking ‘‘subsections (a), (b)(3)(A), 

18 (b)(3)(B), and (c)’’ in paragraph (1) of subsection 

19 (e), as redesignated by paragraph (1), and inserting 

20 ‘‘paragraphs (1), (3), (4), and (5) of subsection 

21 (a)’’; and 

22 (7) by adding at the end the following: 

23 ‘‘(f) TRANSFER OF CERTAIN FUNDS.—Amounts 

24 available under paragraphs (3) and (4) of subsection (a) 

25 that are unobligated by the Secretary of the Interior after 
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1 3 fiscal years shall be transferred to the Secretary of 

2 Homeland Security and shall be expended for State rec3 reational boating safety programs under section 13106(a) 

4 of title 46, United States Code.’’. 

5 SEC. 514. MAINTENANCE OF PROJECTS. 

6 Section 8 (16 U.S.C. 777g) is amended— 

7 (1) by striking ‘‘in carrying out the research 

8 program of the Fish and Wildlife Service in respect 

9 to fish of material value for sport or recreation.’’ in 

10 subsection (b)(2) and inserting ‘‘to supplement the 

11 57 percent of the balance of each annual appropria12 tion to be apportioned among the States under sec13 tion 4(c).’’; and 

14 (2) by striking ‘‘subsection (c) or (d)’’ in sub15 section (d)(3) and inserting ‘‘subsection (a)(5) or 

16 subsection (b)’’. 

17 SEC. 515. BOATING INFRASTRUCTURE. 

18 Section 7404(d)(1) of the Sportfishing and Boating 

19 Safety Act of 1998 (16 U.S.C. 777g–1(d)(1)) is amended 

20 by striking ‘‘section 4(b)(3)(B) of the Act entitled ‘An Act 

21 to provide that the United States shall aid the States in 

22 fish restoration and management projects, and for other 

23 purposes,’ approved August 9, 1950, as amended by this 

24 Act,’’ and inserting ‘‘section 4(a)(4) of the Dingell-John25 son Sport Fish Restoration Act’’. 
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1 SEC. 516. REQUIREMENTS AND RESTRICTIONS CON2 CERNING USE OF AMOUNTS FOR EXPENSES 

3 FOR ADMINISTRATION. 

4 Section 9 (16 U.S.C. 777h) is amended— 

5 (1) by striking ‘‘section 4(d)(1)’’ in subsection 

6 (a) and inserting ‘‘section 4(b)’’; and 

7 (2) by striking ‘‘section 4(d)(1)’’ in subsection 

8 (b)(1) and inserting ‘‘section 4(b)’’. 

9 SEC. 517. PAYMENTS OF FUNDS TO AND COOPERATION 

10 WITH PUERTO RICO, THE DISTRICT OF CO11 LUMBIA, GUAM, AMERICAN SAMOA, THE COM12 MONWEALTH OF THE NORTHERN MARIANA 

13 ISLANDS, AND THE VIRGIN ISLANDS. 

14 Section 12 (16 U.S.C. 777k) is amended by striking 

15 ‘‘in carrying on the research program of the Fish and 

16 Wildlife Service in respect to fish of material value for 

17 sport or recreation.’’ and inserting ‘‘to supplement the 57 

18 percent of the balance of each annual appropriation to be 

19 apportioned among the States under section 4(b) of this 

20 Act.’’. 

21 SEC. 518. MULTISTATE CONSERVATION GRANT PROGRAM. 

22 Section 14 (16 U.S.C. 777m) is amended— 

23 (1) by striking so much of subsection (a) as 

24 precedes paragraph (2) and inserting the following: 

25 ‘‘(a) IN GENERAL.— 
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1 ‘‘(1) AMOUNT FOR GRANTS.—For each fiscal 

2 year after fiscal year 2005, not more than 

3 $3,000,000 of each annual appropriation made in 

4 accordance with the provisions of section 3 shall be 

5 distributed to the Secretary of the Interior for mak6 ing multistate conservation project grants in accord7 ance with this section.’’; 

8 (2) by striking ‘‘section 4(e)’’ each place it ap9 pears in subsection (a)(2)(B) and inserting ‘‘section 

10 4(c)’’; and 

11 (3) by striking ‘‘Of the balance of each annual 

12 appropriation made under section 3 remaining after 

13 the distribution and use under subsections (a), (b), 

14 and (c) of section 4 for each fiscal year and after 

15 deducting amounts used for grants under subsection 

16 (a)—’’ in subsection (e) and inserting ‘‘Of amounts 

17 made available under section 4(b) for each fiscal 

18 year—’’. 

19 SEC. 519. EXPENDITURES FROM BOAT SAFETY ACCOUNT. 

20 The Act is amended by adding at the end the fol21 lowing: 

22 ‘‘SEC. 15. EXPENDITURES FROM BOAT SAFETY ACCOUNT. 

23 ‘‘The following amounts, available under section 

24 9504(c) of the Internal Revenue Code of 1986 without 

25 further appropriation, shall be distributed as follows: 
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1 ‘‘(1) In fiscal year 2006, $28,155,000 shall be 

2 distributed— 

3 ‘‘(A) under section 4 of this Act in the fol4 lowing manner: 

5 ‘‘(i) $11,200,000 to be added to funds 

6 available under subsection (a)(2) of that 

7 section; 

8 ‘‘(ii) $1,245,000 to be added to funds 

9 available under subsection (a)(3) of that 

10 section; 

11 ‘‘(iii) $1,245,000 to be added to funds 

12 available under subsection (a)(4) of that 

13 section; 

14 ‘‘(iv) $1,245,000 to be added to funds 

15 available under subsection (a)(5) of that 

16 section; and 

17 ‘‘(v) $12,800,000 to be added to 

18 funds available under subsection (b) of 

19 that section; and 

20 ‘‘(B) under section 14 of this Act, 

21 $420,000, to be added to funds available under 

22 subsection (a)(1) of that section. 

23 ‘‘(2) In fiscal year 2007, $22,419,000 shall be 

24 distributed— 
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1 ‘‘(A) under section 4 of this Act in the fol2 lowing manner: 

3 ‘‘(i) $8,075,000 to be added to funds 

4 available under subsection (a)(2) of that 

5 section; 

6 ‘‘(ii) $713,000 to be added to funds 

7 available under subsection (a)(3) of that 

8 section; 

9 ‘‘(iii) $713,000 to be added to funds 

10 available under subsection (a)(4) of that 

11 section; 

12 ‘‘(iv) $713,000 to be added to funds 

13 available under subsection (a)(5) of that 

14 section; and 

15 ‘‘(v) $11,925,000 to be added to 

16 funds available under subsection (b) of this 

17 Act; and 

18 ‘‘(B) under section 14 of this Act, 

19 $280,000 to be added to funds available under 

20 subsection (a)(1) of that section. 

21 ‘‘(3) In fiscal year 2008, $17,139,000 shall be 

22 distributed— 

23 ‘‘(A) under section 4 of this Act in the fol24 lowing manner: 
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1 ‘‘(i) $6,800,000 to be added to funds 

2 available under subsection (a)(2) of that 

3 section; 

4 ‘‘(ii) $333,000 to be added to funds 

5 available under subsection (a)(3) of that 

6 section; 

7 ‘‘(iii) $333,000 to be added to funds 

8 available under subsection (a)(4) of that 

9 section; 

10 ‘‘(iv) $333,000 to be added to funds 

11 available under subsection (a)(5) of that 

12 section; and 

13 ‘‘(v) $9,200,000 to be added to funds 

14 available under subsection (b) of that sec15 tion; and 

16 ‘‘(B) under section 14 of this Act, 

17 $140,000, to be added to funds available under 

18 subsection (a)(1) of that section. 

19 ‘‘(4) In fiscal year 2009, $12,287,000 shall be 

20 distributed— 

21 ‘‘(A) under section 4 of this Act in the fol22 lowing manner: 

23 ‘‘(i) $5,100,000 to be added to funds 

24 available under subsection (a)(2) of that 

25 section; 
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1 ‘‘(ii) $48,000 to be added to funds 

2 available under subsection (a)(3) of that 

3 section; 

4 ‘‘(iii) $48,000 to be added to funds 

5 available under subsection (a)(4) of that 

6 section; 

7 ‘‘(iv) $48,000 to be added to funds 

8 available under subsection (a)(5) of that 

9 section; and 

10 ‘‘(v) $6,900,000 to be added to funds 

11 available under subsection (b) of that sec12 tion; and 

13 ‘‘(B) under section 14 of this Act, 

14 $143,000, to be added to funds available under 

15 subsection (a)(1) of that section. 

16 ‘‘(5) In fiscal year 2010, all remaining funds in 

17 the Account shall be distributed under section 4 of 

18 this Act in the following manner: 

19 ‘‘(A) one-third to be added to funds avail20 able under subsection (b); and 

21 ‘‘(B) two-thirds to be added to funds avail22 able under subsection (h).’’. 
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1 Subtitle B—Clean Vessel Act 

2 Amendments 

3 SEC. 531. GRANT PROGRAM. 

4 Section 5604(c)(2) of the Clean Vessel Act of 1992 

5 (33 U.S.C. 1322 note) is amended— 

6 (1) by striking subparagraph (A); and 

7 (2) by redesignating subparagraphs (B) and 

8 (C) as subparagraphs (A) and (B), respectively. 

9 Subtitle C—Recreational Boating 

10 Safety Program Amendments 

11 SEC. 551. STATE MATCHING FUNDS REQUIREMENT. 

12 Section 13103(b) of title 46, United States Code, is 

13 amended by striking ‘‘one-half’’ and inserting ‘‘75 per14 cent’’. 

15 SEC. 552. AVAILABILITY OF ALLOCATIONS. 

16 Section 13104(a) of title 46, United States Code, is 

17 amended— 

18 (1) by striking ‘‘2 years’’ in paragraph (1) and 

19 inserting ‘‘3 years’’; and 

20 (2) by striking ‘‘2-year’’ in paragraph (2) and 

21 inserting ‘‘3-year’’. 
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1 SEC. 553. AUTHORIZATION OF APPROPRIATIONS FOR 

2 STATE RECREATIONAL BOATING SAFETY 

3 PROGRAMS. 

4 Section 13106 of title 46, United States Code, is 

5 amended— 

6 (1) in subsection (a)(1), by striking ‘‘section 

7 4(b) of the Act of August 9, 1950 (16 U.S.C. 

8 777c(b)).’’ and inserting ‘‘subsections (a)(2) and (f) 

9 of section 4 of the Dingell-Johnson Sport Fish Res10 toration Act (16 U.S.C. 777c(a)(2) and (f)).’’; 

11 (2) in subsection (a)(2) by striking ‘‘not less 

12 than one percent and’’; 

13 (3) in subsection (c)(1)— 

14 (A) by striking ‘‘Secretary of Transpor15 tation under paragraph (5)(C) of section 4(b)’’ 

16 and inserting ‘‘Secretary under subsection 

17 (a)(2) of section 4’’; 

18 (B) by striking ‘‘(16 U.S.C. 777c(b))’’ and 

19 inserting ‘‘(16 U.S.C. 777c(a)(2)’’; 

20 (C) by striking ‘‘$3,333,336’’ and inserting 

21 ‘‘not more than 5 percent’’; 

22 (D) by striking ‘‘$1,333,336’’ and insert23 ing ‘‘not less than $2,000,000’’; and 

24 (4) in subsection (c)(3) by striking ‘‘until ex25 pended.’’ and inserting ‘‘during the 2 succeeding fis26 cal years. Any amount that is unexpected or unobli-
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1 gated at the end of the 3-year period during which 

2 it is available shall be withdrawn by the Secretary 

3 and allocated to the States in addition to any other 

4 amounts available for allocation in the fiscal year in 

5 which they are withdrawn or the following fiscal 

6 year.’’. 

7 SEC. 554. MAINTENANCE OF EFFORT FOR STATE REC8 REATIONAL BOATING SAFETY PROGRAMS. 

9 (a) IN GENERAL.—Chapter 131 of title 46, United 

10 States Code, is amended by inserting after section 13106 

11 the following: 

12 ‘‘§ 13107. Maintenance of effort for State recreational 

13 boating safety programs 

14 ‘‘(a) IN GENERAL.—The amount payable to a State 

15 for a fiscal year from an allocation under section 13103 

16 of this chapter shall be reduced if the usual amounts ex17 pended by the State for the State’s recreational boating 

18 safety program, as determined under section 13105 of this 

19 chapter, for the previous fiscal year is less than the aver20 age of the total of such expenditures for the 3 fiscal years 

21 immediately preceding that previous fiscal year. The re22 duction shall be proportionate, as a percentage, to the 

23 amount by which the level of State expenditures for such 

24 previous fiscal year is less than the average of the total 
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1 of such expenditures for the 3 fiscal years immediately 

2 preceding that previous fiscal year. 

3 ‘‘(b) REDUCTION OF THRESHOLD.—If the total 

4 amount available for allocation and distribution under this 

5 chapter in a fiscal year for all participating State rec6 reational boating safety programs is less than such 

7 amount for the preceding fiscal year, the level of State 

8 expenditures required under subsection (a) of this section 

9 for the preceding fiscal year shall be decreased proportion10 ately. 

11 ‘‘(c) WAIVER.— 

12 ‘‘(1) IN GENERAL.—Upon the written request 

13 of a State, the Secretary may waive the provisions 

14 of subsection (a) of this section for 1 fiscal year if 

15 the Secretary determines that a reduction in expend16 itures for the State’s recreational boating safety pro17 gram is attributable to a non-selective reduction in 

18 expenditures for the programs of all Executive 

19 branch agencies of the State government, or for 

20 other reasons if the State demonstrates to the Sec21 retary’s satisfaction that such waiver is warranted. 

22 ‘‘(2) 30-DAY DECISION.—The Secretary shall 

23 approve or deny a request for a waiver not later 

24 than 30 days after the date the request is received.’’. 
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1 (b) CONFORMING AMENDMENT.—The chapter anal2 ysis for chapter 131 of title 46, United States Code, is 

3 amended by inserting after the item relating to section 

4 13106 the following:

‘‘13107. Maintenance of effort for State recreational boating safety programs.’’. 
Calendar No. 192

109TH CONGRESS 

1ST SESSION S. 1567

[Report No. 109–120] 

A BILL

To reauthorize and improve surface transportation 

safety programs, and for other purposes. 

JULY 29, 2005

Read twice and placed on the calendar