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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1567 Placed on Calendar Senate (PCS)]

                                                       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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surface Transportation Safety 
Improvement Act of 2005''.

SEC. 2. AMENDMENT OF UNITED STATES CODE.

    (a) Amendment of Title 49.--Except as otherwise specifically 
provided, whenever in this Act an amendment is expressed in terms of an 
amendment to a section or other provision of law, the reference shall 
be considered to be made to a section or other provision of title 49, 
United States Code.
    (b) Amendment of Title 23.--Except as otherwise expressly provided, 
whenever in subtitle A of title II of this Act an amendment or repeal 
is expressed in terms of an amendment to, or a repeal of, a section or 
other provision, the reference shall be considered to be made to a 
section or other provision of title 23, United States Code.

SEC. 3. TABLE OF CONTENTS.

    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.
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.D23/
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

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.D23/D23/
                     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.
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.
       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.

                     TITLE I--MOTOR CARRIER SAFETY

                       Subtitle A--Motor Carriers

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``Motor Carrier Safety 
Reauthorization Act of 2005''.

SEC. 102. CONTRACT AUTHORITY.

    Authorizations from the Highway Trust Fund (other than the Mass 
Transit Account) to carry out this subtitle shall be available for 
obligation on the date of their apportionment or allocation or on 
October 1 of the fiscal year for which they are authorized, whichever 
occurs first. Approval by the Secretary of a grant with funds made 
available under this title imposes upon the United States Government a 
contractual obligation for payment of the Government's share of costs 
incurred in carrying out the objectives of the grant.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

    (a) Administrative Expenses.--Section 31104 is amended by adding at 
the end the following:
    ``(i) Administrative expenses.--
            ``(1) There are authorized to be appropriated from the 
        Highway Trust Fund (other than the Mass Transit Account) for 
        the Secretary of Transportation to pay administrative expenses 
        of the Federal Motor Carrier Safety Administration--
                    ``(A) $211,400,000 for fiscal year 2006;
                    ``(B) $217,500,000 for fiscal year 2007;
                    ``(C) $222,600,000 for fiscal year 2008; and
                    ``(D) $228,500,000 for fiscal year 2009.
            ``(2) The funds authorized by this subsection shall be used 
        for personnel costs; administrative infrastructure; rent; 
        information technology; programs for research and technology, 
        information management, regulatory development (including a 
        medical review board and rules for medical examiners), 
        performance and registration information system management, and 
        outreach and education; other operating expenses and similar 
        matters; and such other expenses as may from time to time 
        become necessary to implement statutory mandates not funded 
        from other sources.
            ``(3) The amounts made available under this section shall 
        remain available until expended.''.
    (b) Grant Programs.--There are authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) for the 
following Federal Motor Carrier Safety Administration programs:
            (1) Border enforcement grants under section 31107 of title 
        49, United States Code--
                    (A) $33,000,000 for fiscal year 2006;
                    (B) $34,000,000 for fiscal year 2007;
                    (C) $35,000,000 for fiscal year 2008; and
                    (D) $36,000,000 for fiscal year 2009.
            (2) Performance and registration information system 
        management grant program under 31109 of title 49, United States 
        Code, $4,000,000 for each of fiscal years 2006 through 2009.
            (3) Commercial driver's license and driver improvement 
        program grants under section 31318 of title 49, United States 
        Code--
                    (A) $23,000,000 for fiscal year 2006;
                    (B) $23,000,000 for fiscal year 2007;
                    (C) $24,000,000 for fiscal year 2008; and
                    (D) $25,000,000 for fiscal year 2009.
            (4) For carrying out the commercial vehicle information 
        systems and networks deployment program established under 
        section 31151 of title 49, United States Code, $25,000,000 for 
        each of fiscal years 2006 through 2009.
    (c) Motor Carrier Safety Account.--Funds made available under 
subsection (a) shall be administered in the account established in the 
Treasury entitled ``Motor Carrier Safety Operations and Program 69-
8159-0-7-401'' and the funds made available under subsection (b) shall 
be administered in the account established in the Treasury entitled 
``Motor Carrier Safety Grants 69-8158-0-7-401''.
    (d) Period of Availability.--The amounts made available under 
subsection (b) of this section shall remain available until expended.

SEC. 104. HIGH RISK CARRIER COMPLIANCE REVIEWS.

    From the funds authorized by section 31104(i)(1) of title 49, 
United States Code, the Secretary of Transportation shall ensure that 
compliance reviews are completed on motor carriers that have 
demonstrated through performance data that they pose the highest safety 
risk. At a minimum, compliance reviews shall be conducted whenever a 
motor carrier is rated as category A or B for 2 consecutive months.

SEC. 105. OVERDUE REPORTS, STUDIES, AND RULEMAKINGS.

    (a) Requirement for Completion.--Within 6 months after the date of 
enactment of this Act, the Secretary of Transportation shall transmit 
to the Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Transportation and 
Infrastructure a schedule for the completion of the following reports, 
studies, and rulemaking proceedings:
            (1) Motor Carrier Replacement Information and Registration 
        System, section 103, ICC Termination Act of 1995.
            (2) General Jurisdiction Over Freight Forwarder Service, 
        section 13531, ICC Termination Act of 1995.
            (3) Performance-based CDL Testing, section 4019, 
        Transportation Equity Act for the Twenty-First Century.
            (4) Improved Flow of Driver History Pilot Program, section 
        4022, Transportation Equity Act for the Twenty-First Century.
            (5) Employee Protections, section 4023, Transportation 
        Equity Act for the Twenty-First Century.
            (6) Federal Motor Carrier Safety Administration 2010 
        Strategy, section 104, Motor Carrier Safety Improvement Act of 
        1999.
            (7) New Motor Carrier Entrant Requirements, section 210, 
        Motor Carrier Safety Improvement Act of 1999.
            (8) Certified Motor Carrier Safety Auditors, section 211, 
        Motor Carrier Safety Improvement Act of 1999.
            (9) Medical Certificate, section 215, Motor Carrier Safety 
        Improvement Act of 1999.
            (10) Truck Crash Causation Study, section 224, Motor 
        Carrier Safety Improvement Act of 1999.
    (b) Final Rule Required.--Unless specifically otherwise permitted 
by law, rulemaking proceedings shall be considered completed for 
purposes of this section only when the Secretary has issued a final 
rule and the docket for the rulemaking proceeding is closed or the 
rulemaking proceeding is withdrawn or terminated and the docket closed 
without further action.
    (c) Schedule for Completion.--The Secretary shall transmit a 
revised schedule, indicating progress made in completing the reports, 
studies, and rulemaking proceedings reported under subsection (a) every 
6 months after the first such report under subsection (a) until they 
are completed. The Inspector General of the Department of 
Transportation shall make an annual determination as to whether the 
schedule is being met.
    (e) Completion of New Rulemaking Proceedings.--Nothing in this 
section delays or changes the deadlines specified for new reports, 
studies, or rulemaking mandates contained in this title.
    (f) Report of Other Agency Actions.--Within 12 months after the 
date of enactment of this Act, the Secretary shall submit to the Senate 
Committee on Commerce, Science, and Transportation and to the House 
Committee on Transportation and Infrastructure a report on the status 
of the following projects:
            (1) Rescinding the current regulation which prohibits truck 
        and bus drivers from viewing television and monitor screens 
        while operating commercial vehicles.
            (2) Consolidating Out-Of-Service Criteria regulations 
        enforced by the Federal Motor Carrier Safety Administration.
            (3) Revision of the safety fitness rating system of motor 
        carriers.
            (4) Amendment of Federal Motor Carrier Safety 
        Administration rules of practice for conducting motor carrier 
        administrative proceedings, investigations, disqualifications, 
        and for issuing penalties.
            (5) Requiring commercial drivers to have a sufficient 
        functional speaking and reading comprehension of the English 
        language.

SEC. 106. AMENDMENTS TO THE LISTED REPORTS, STUDIES, AND RULEMAKING 
              PROCEEDINGS.

    In addition to completing the reports, studies, and rulemaking 
proceedings listed in section 105(a), the Secretary of Transportation 
shall--
            (1) cause the Interim Final Rule addressing New Motor 
        Carrier Entrant Requirements to be amended so as to require 
        that a safety audit be immediately converted to a compliance 
        review and appropriate enforcement actions be taken if the 
        safety audit discloses acute safety violations by the new 
        entrant; and
            (2) ensure that Federal motor carrier safety regulations 
        that apply to interstate operations of commercial motor 
        vehicles designed to transport between 9 and 15 passengers 
        (including the driver) apply to all interstate operations of 
        such carries regardless of the distance traveled.

SEC. 107. MOTOR CARRIER SAFETY GRANTS.

    (a) Motor Carrier Safety Assistance Program.--
            (1) Section 31102 is amended--
                    (A) by striking ``activities by fiscal year 2000;'' 
                in subsection (b)(1)(A) and inserting ``activities for 
                commercial motor vehicles of passengers and freight;'';
                    (B) by striking ``years before December 18, 1991;'' 
                in subsection (b)(1)(E) and inserting ``years'';
                    (C) by striking ``and'' after the semicolon in 
                subsection (b)(1)(S);
                    (D) by striking ``personnel.'' in subsection 
                (b)(1)(T) and inserting ``personnel;'';
                    (E) adding at the end of subsection (b)(1) the 
                following:
            ``(U) ensures that inspections of motor carriers of 
        passengers are conducted at stations, terminals, border 
        crossings, or maintenance facilities, except in the case of an 
        imminent or obvious safety hazard;
            ``(V) provides that the State will include in the training 
        manual for the licensing examination to drive a non-commercial 
        motor vehicle and a commercial motor vehicle, information on 
        best practices for driving safely in the vicinity of commercial 
        motor vehicles and in the vicinity of non-commercial vehicles, 
        respectively; and
            ``(W) provides that the State will enforce the registration 
        requirements of section 13902 by suspending the operation of 
        any vehicle discovered to be operating without registration or 
        beyond the scope of its registration.''; and
                    (F) by striking subsection (c) and inserting the 
                following:
    ``(c) Use of Grants To Enforce Other Laws.--A State may use amounts 
received under a grant under subsection (a) of this section for the 
following activities:
            ``(1) If the activities are carried out in conjunction with 
        an appropriate inspection of the commercial motor vehicle to 
        enforce Government or State commercial motor vehicle safety 
        regulations--
                    ``(A) enforcement of commercial motor vehicle size 
                and weight limitations at locations other than fixed 
                weight facilities, at specific locations such as steep 
                grades or mountainous terrains where the weight of a 
                commercial motor vehicle can significantly affect the 
                safe operation of the vehicle, or at ports where 
                intermodal shipping containers enter and leave the 
                United States; and
                    ``(B) detection of the unlawful presence of a 
                controlled substance (as defined under section 102 of 
                the Comprehensive Drug Abuse Prevention and Control Act 
                of 1970 (21 U.S.C. 802)) in a commercial motor vehicle 
                or on the person of any occupant (including the 
                operator) of the vehicle.
            ``(2) Documented enforcement of State traffic laws and 
        regulations designed to promote the safe operation of 
        commercial motor vehicles, including documented enforcement of 
        such laws and regulations against non-commercial motor vehicles 
        when necessary to promote the safe operation of commercial 
        motor vehicles.''.
            (2) Section 31103(b) is amended--
                    (A) by inserting ``(1)'' after ``activities.--''; 
                and
                    (B) by adding at the end the following:
            ``(2) New entrant motor carrier audit funds.--From the 
        amounts designated under section 31104(f)(4), the Secretary may 
        allocate new entrant motor carrier audit funds to States and 
        local governments without requiring a matching contribution 
        from such States or local governments.''.
            (3) Section 31104(a) is amended to read as follows:
    ``(a) In General.--There are authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit Account) to carry out 
section 31102:
            ``(1) Not more than $193,620,000 for fiscal year 2006.
            ``(2) Not more than $197,490,000 for fiscal year 2007.
            ``(3) Not more than $201,440,000 for fiscal year 2008.
            ``(4) Not more than $205,470,000 for fiscal year 2009.''.
            (4) Section 31104(f) is amended by striking paragraph (2) 
        and inserting the following:
            ``(2) High-priority activities.--The Secretary may 
        designate up to $15,000,000 for each of fiscal years 2006 
        through 2009 from amounts available for allocation under 
        paragraph (1) for States, local governments, and organizations 
        representing government agencies or officials for carrying out 
        high priority activities and projects that improve commercial 
        motor vehicle safety and compliance with commercial motor 
        vehicle safety regulations, including activities and projects 
        that are national in scope, increase public awareness and 
        education, or demonstrate new technologies, and will reduce the 
        number and rate of accidents involving commercial motor 
        vehicles. The amounts designated under this paragraph shall be 
        allocated by the Secretary to State agencies, local 
        governments, and organizations representing government agencies 
        or officials that use and train qualified officers and 
        employees in coordination with State motor vehicle safety 
        agencies. The Secretary shall establish safety performance 
        criteria to be used to distribute high priority program funds. 
        At least 80 percent of the amounts designated under this 
        paragraph shall be awarded to State agencies and local 
        government agencies.
            ``(3) New entrant audits.--The Secretary shall designate up 
        to $29,000,000 of the amounts available for allocation under 
        paragraph (1) for audits of new entrant motor carriers 
        conducted pursuant to 31144(f). The Secretary may withhold such 
        funds from a State or local government that is unable to use 
        government employees to conduct new entrant motor carrier 
        audits, and may instead utilize the funds to conduct audits in 
        those jurisdictions.
            ``(4) CDLIS modernization.--The Secretary may designate up 
        to $2,000,000 for fiscal year 2006 and up to $6,000,000 for 
        fiscal years 2007 through 2009 from amounts available for 
        allocation under paragraph (1) for commercial driver's license 
        information system modernization under section 31309(f).''.
    (b) Grants to States for Border Enforcement.--Section 31107 is 
amended to read as follows:
``Sec. 31107. Border enforcement grants
    ``(a) General Authority.--From the funds authorized by section 
103(b)(1) of the Motor Carrier Safety Reauthorization Act of 2005, the 
Secretary may make a grant in a fiscal year to a State that shares a 
border with another country for carrying out border commercial motor 
vehicle safety programs and related enforcement activities and 
projects.
    ``(b) Maintenance of Expenditures.--The Secretary may make a grant 
to a State under this section only if the State agrees that the total 
expenditure of amounts of the State and political subdivisions of the 
State, exclusive of United States Government amounts, for carrying out 
border commercial motor vehicle safety programs and related enforcement 
activities and projects will be maintained at a level at least equal to 
the average level of that expenditure by the State and political 
subdivisions of the State for the last 2 State or Federal fiscal years 
before October 1, 2005.''.
    (c) Noncompliance With CDL Requirements.--Section 31314 is amended 
by inserting ``up to'' after ``withhold'' in subsections (a) and (b).
    (d) Conforming Amendments.--(1) The chapter analysis for chapter 
311 is amended--
            (A) by striking the item relating to Subchapter I, and 
        inserting the following:

         ``SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS'';

    and
            (B) by striking the item relating to section 31107, and 
        inserting the following:

``31107. Border enforcement grants.''.
    (2) Subchapter I of chapter 311 is amended by striking the 
subchapter heading and inserting the following:

          ``SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS''

SEC. 108. TECHNICAL CORRECTIONS.

    (a) Jurisdiction of Court of Appeals Over Commercial Motor Vehicle 
Safety Regulation and Operators and Motor Carrier Safety.--Section 
2342(3)(A) of title 28, United States Code, is amended by striking 
``subtitle IV'' and inserting ``subtitle IV, subchapter III of chapter 
311, chapter 313, or chapter 315''.
    (b) Judicial Review.--Section 351(a) is amended to read as follows:
    ``(a) Judicial Review.--An action of the Secretary of 
Transportation in carrying out a duty or power transferred under the 
Department of Transportation Act (Public Law 89-670; 80 Stat. 931), or 
an action of the Administrator of the Federal Railroad Administration, 
Federal Motor Carrier Safety Administration, or the Federal Aviation 
Administration in carrying out a duty or power specifically assigned to 
the Administrator by that Act, may be reviewed judicially to the same 
extent and in the same way as if the action had been an action by the 
department, agency, or instrumentality of the United States Government 
carrying out the duty or power immediately before the transfer or 
assignment.''.
    (c) Authority To Carry Out Certain Transferred Duties and Powers.--
Section 352 is amended to read as follows:
``Sec. 352. Authority to carry out certain transferred duties and 
              powers
    ``In carrying out a duty or power transferred under the Department 
of Transportation Act (Public Law 89-670; 80 Stat. 931), the Secretary 
of Transportation and the Administrators of the Federal Railroad 
Administration, the Federal Motor Carrier Safety Administration, and 
the Federal Aviation Administration have the same authority that was 
vested in the department, agency, or instrumentality of the United 
States Government carrying out the duty or power immediately before the 
transfer. An action of the Secretary or Administrator in carrying out 
the duty or power has the same effect as when carried out by the 
department, agency, or instrumentality.''.
    (d) Transfer of Provision.--
            (1) Section 345 of Public Law 104-59 is transferred to 
        subchapter III of chapter 311 of title 49, United States Code, 
        redesignated as section 31149, and inserted after section 31148 
        as section 31149. Section 31149, as transferred by the 
        preceding sentence, is amended--
                    (A) by conforming the section heading to the style 
                and format of the section headings in chapter 311 of 
                title 49, United States Code;
                    (B) by striking ``of title 49, United States 
                Code,'' in subsections (a)(1), (a)(5), and (e)(4); and
                    (C) by striking subsection (f).
            (2) The chapter analysis for chapter 311 is amended by 
        inserting after the item relating to section 31148 the 
        following:

``31149. Exemptions from requirements relating to commercial motor 
                            vehicles and their operators.''.
    (e) Elimination of Commodity and Service Exemptions.--
            (1) Section 13506(a) is amended--
                    (A) by striking paragraphs (6), (11), (12), (13), 
                and (15);
                    (B) by redesignating paragraphs (7), (8), (9), 
                (10), and (14) as paragraphs (6), (7), (8), (9) and 
                (10), respectively;
                    (C) by inserting ``or'' after the semicolon in 
                paragraph (9), as redesignated; and
                    (D) striking ``13904(d); or'' in paragraph (10), as 
                redesignated, and inserting ``14904(d).''.
            (2) Section 13507 is amended by striking ``(6), (8), (11), 
        (12), or (13)'' and inserting ``(6)''.

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

    Section 521(b)(2) is amended by adding at the end the following:
    ``(E) Copying of records and access to equipment, lands, and 
buildings.--A motor carrier subject to chapter 51 of subtitle III, a 
motor carrier, broker, or freight forwarder subject to part B of 
subtitle IV, or the owner or operator of a commercial motor vehicle 
subject to part B of subtitle VI of this title who fails to allow the 
Secretary, or an employee designated by the Secretary, promptly upon 
demand to inspect and copy any record or inspect and examine equipment, 
lands, buildings and other property in accordance with sections 504(c), 
5121(c), and 14122(b) of this title shall be liable to the United 
States for a civil penalty not to exceed $500 for each offense, and 
each day the Secretary is denied the right to inspect and copy any 
record or inspect and examine equipment, lands, buildings and other 
property shall constitute a separate offense, except that the total of 
all civil penalties against any violator for all offenses related to a 
single violation shall not exceed $5,000. It shall be a defense to such 
penalty that the records did not exist at the time of the Secretary's 
request or could not be timely produced without unreasonable expense or 
effort. Nothing herein amends or supersedes any remedy available to the 
Secretary under sections 502(d), 507(c), or other provision of this 
title.''.

SEC. 110. MEDICAL PROGRAM.

    (a) In General.--Subchapter III of chapter 311, as amended by 
section 108(d) of this title, is amended by adding at the end the 
following:
``Sec. 31150. Medical program
    ``(a) Medical Review Board.--
            ``(1) Establishment and function.--The Secretary of 
        Transportation shall establish a Medical Review Board to 
        provide the Federal Motor Carrier Safety Administration with 
        medical advice and recommendations on driver qualification 
        medical standards and guidelines, medical examiner education, 
        and medical research.
            ``(2) Composition.--The Medical Review Board shall be 
        appointed by the Secretary and shall consist of 5 members 
        selected from medical institutions and private practice. The 
        membership shall reflect expertise in a variety of specialties 
        relevant to the functions of the Federal Motor Carrier Safety 
        Administration.
    ``(b) Chief Medical Examiner.--The Secretary shall appoint a chief 
medical examiner who shall be an employee of the Federal Motor Carrier 
Safety Administration according to the SL schedule.
    ``(c) Medical Standards and Requirements.--
            ``(1) In general.-- The Secretary, with the advice of the 
        Medical Review Board and the chief medical examiner, shall--
                    ``(A) establish, review, and revise--
                            ``(i) medical standards for applicants for 
                        and holders of commercial driver's licenses 
                        that will ensure that the physical condition of 
                        operators of commercial motor vehicles is 
                        adequate to enable them to operate the vehicles 
                        safely;
                            ``(ii) requirements for periodic physical 
                        examinations of such operators performed by 
                        medical examiners who have successfully 
                        completed training in physical and medical 
                        examination standards and are listed on a 
                        national registry maintained by the Department 
                        of Transportation; and
                    ``(B) issue certificates to such holders and 
                applicants that have been found, upon examination, to 
                be physically qualified to operate a commercial motor 
                vehicle and to meet applicable medical standards unless 
                the authority to issue certificates has been delegated 
                to medical examiners under subparagraph (d)(2) of this 
                section;
                    ``(C) require each holder of a commercial driver's 
                license or learner's permit who operates a commercial 
                vehicle in interstate commerce to have a current valid 
                medical certificate;
                    ``(D) conduct periodic reviews of a select number 
                of medical examiners on the national registry to ensure 
                that proper examinations of applicants and holders are 
                being conducted;
                    ``(E) develop, as appropriate, specific courses and 
                materials for medical examiners listed in the national 
                registry established under this section, and require 
                those medical examiners to complete specific training, 
                including refresher courses, to be listed in the 
                registry;
                    ``(F) require medical examiners to transmit the 
                name of the applicant and numerical identifier, as 
                determined by the Administrator, for any completed 
                medical examination report required under section 
                391.43 of title 49, Code of Federal Regulations, 
                electronically to the Chief Medical Examiner on monthly 
                basis; and
                    ``(G) periodically review a representative sample 
                of the medical examination reports associated with the 
                name and numerical identifiers of applicants 
                transmitted under subparagraph (F) for errors, 
                omissions, or other indications of improper 
                certification.
            ``(2) Monitoring performance.--The Secretary shall 
        investigate patterns of errors or improper certification by a 
        medical examiner. If the Secretary finds that a medical 
        examiner has issued a medical certificate to an applicant or 
        holder who fails to meet the applicable standards at the time 
        of the examination, such a medical examiner may be removed from 
        the registry and the medical certificate of the applicant or 
        holder may be deemed void.
    ``(d) National Registry of Medical Examiners.--The Secretary, 
through the Federal Motor Carrier Safety Administration--
            ``(1) shall establish and maintain a current national 
        registry of medical examiners who are qualified to perform 
        examinations and issue medical certificates;
            ``(2) shall delegate to those examiners the authority to 
        issue such certificates upon successfully completing the 
        required training;
            ``(3) shall remove from the registry the name of any 
        medical examiner that fails to meet or maintain the 
        qualifications established by the Secretary for being listed in 
        the registry or otherwise does not meet the requirements of 
        this section or regulation issued there under; and
            ``(4) shall accept as valid only medical certificates 
        issued by persons on the national registry of medical 
        examiners.
    ``(e) Regulations.--The Secretary is authorized to promulgate such 
regulations as may be necessary to carry out this section.''.
    (b) Medical Examiners.-- Section 31136(a)(3) is amended to read as 
follows:
            ``(3) the physical condition of operators of commercial 
        motor vehicles is adequate to enable them to operate the 
        vehicles safely, and the periodic physical examinations 
        required of such operators are performed by medical examiners 
        who have received training in physical and medical examination 
        standards and are listed on a national registry maintained by 
        the Department of Transportation; and''.
    (c) Definition of Medical Examiner.--Section 31132 is amended--
            (1) by redesignating paragraphs (6) through (10) as 
        paragraphs (7) through (11), respectively; and
            (2) by inserting after paragraph (5) the following:
            ``(6) `medical examiner' means an individual licensed, 
        certified, or registered in accordance with regulations issued 
        by the Federal Motor Carrier Safety Administration as a medical 
        examiner.''.
    (d) Funding.--Amounts made available pursuant to section 
31104(i)(1) of title 49, United States Code, shall be used by the 
Secretary to carry out section 31150 of title 49, United States Code.
    (e) Conforming Amendment.--The chapter analysis for chapter 311, as 
amended by section 108(d) of this title, is amended by inserting after 
the item relating to section 31149 the following:

``31150. Medical program.''.
    (f) Effective Date.--The amendment made by subsection (a) shall 
take effect 1 year after the date of enactment of this Act.

SEC. 111. OPERATION OF COMMERCIAL MOTOR VEHICLES BY INDIVIDUALS WHO USE 
              INSULIN TO TREAT DIABETES MELLITUS.

    (a) Revision of Final Rule.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall revise the final rule 
to allow individuals who use insulin to treat their diabetes to operate 
commercial motor vehicles in interstate commerce. The revised final 
rule shall provide for the individual assessment of applicants who use 
insulin to treat their diabetes and who are, except for their use of 
insulin, otherwise qualified under the Federal Motor Carrier Safety 
Regulations. The revised final rule shall be consistent with the 
criteria described in section 4018 of the Transportation Equity Act for 
the 21st Century (49 U.S.C. 31305 note) and shall conclude the 
rulemaking process in the Federal Motor Carrier Safety Administration 
docket relating to qualifications of drivers with diabetes.
    (b) No History of Driving While Using Insulin Required for 
Qualification.--The Secretary may not require individuals to have 
experience operating commercial motor vehicles while using insulin in 
order to qualify to operate a commercial motor vehicle in interstate 
commerce.
    (c) History of Diabetes Control.--The Secretary may require an 
individual to have used insulin for a minimum period of time and 
demonstrated stable control of diabetes in order to qualify to operate 
a commercial motor vehicle in interstate commerce. Any such 
requirement, including any requirement with respect to the duration of 
such insulin use, shall be consistent with the findings of the expert 
medical panel reported in July 2000 in ``A Report to Congress on the 
Feasibility of a Program to Qualify Individuals with Insulin-Treated 
Diabetes Mellitus to Operate Commercial Motor Vehicles in Interstate 
Commerce as Directed by the Transportation Equity Act for the 21st 
Century''.
    (d) Applicable Standard.--The Secretary shall ensure that 
individuals who use insulin to treat their diabetes are not held to a 
higher standard than other qualified commercial drivers, except to the 
extent that limited operating, monitoring, or medical requirements are 
deemed medically necessary by experts in the field of diabetes 
medicine.

SEC. 112. FINANCIAL RESPONSIBILITY FOR PRIVATE MOTOR CARRIERS.

    (a) Transportation of Passengers.--
            (1) Section 31138(a) is amended to read as follows:
    ``(a) General Requirement.--The Secretary of Transportation shall 
prescribe regulations to require minimum levels of financial 
responsibility sufficient to satisfy liability amounts established by 
the Secretary covering public liability and property damage for the 
transportation of passengers by motor vehicle in the United States 
between a place in a State and--
            ``(1) a place in another State;
            ``(2) another place in the same State through a place 
        outside of that State; or
            ``(3) a place outside the United States.''.
            (2) Section 31138(c) is amended by adding at the end the 
        following:
            ``(4) The Secretary may require a person, other than a 
        motor carrier as defined in section 13102(12) of this title, 
        transporting passengers by motor vehicle to file with the 
        Secretary the evidence of financial responsibility specified in 
        subsection (c)(1) of this section in an amount not less than 
        that required by this section, and the laws of the State or 
        States in which the person is operating, to the extent 
        applicable. The extent of the financial responsibility must be 
        sufficient to pay, not more than the amount of the financial 
        responsibility, for each final judgment against the person for 
        bodily injury to, or death of, an individual resulting from the 
        negligent operation, maintenance, or use of motor vehicles, or 
        for loss or damage to property, or both.''.
    (b) Transportation of Property.--Section 31139 is amended--
            (1) by striking so much of subsection (b) as precedes 
        paragraph (2) and inserting the following:
    ``(b) General Requirements and Minimum Amount.--
            ``(1) The Secretary of Transportation shall prescribe 
        regulations to require minimum levels of financial 
        responsibility sufficient to satisfy liability amounts 
        established by the Secretary covering public liability, 
        property damage, and environmental restoration for the 
        transportation of property by motor vehicle in the United 
        States between a place in a State and--
                    ``(A) a place in another State;
                    ``(B) another place in the same State through a 
                place outside of that State; or
                    ``(C) a place outside the United States.'';
            (2) by aligning the left margin of paragraph (2) of 
        subsection (b) with the left margin of paragraph (1) of that 
        subsection (as amended by paragraph (1) of this subsection); 
        and
            (3) by redesignating subsection (c) through (g) as 
        subsections (d) through (h), respectively, and inserting after 
        subsection (b) the following:
    ``(c) Filing of Evidence of Financial Responsibility.--The 
Secretary may require a motor private carrier, as defined in section 
13102 of this title, to file with the Secretary the evidence of 
financial responsibility specified in subsection (b) of this section in 
an amount not less than that required by this section, and the laws of 
the State or States in which the motor private carrier is operating, to 
the extent applicable. The amount of the financial responsibility must 
be sufficient to pay, not more than the amount of the financial 
responsibility, for each final judgment against the motor private 
carrier for bodily injury to, or death of, an individual resulting from 
negligent operation, maintenance, or use of motor vehicles, or for loss 
or damage to property, or both.''.

SEC. 113. INCREASED PENALTIES FOR OUT-OF-SERVICE VIOLATIONS AND FALSE 
              RECORDS.

    (a) Section 521(b)(2)(B) is amended to read as follows:
            ``(B) Recordkeeping and reporting violations.--A person 
        required to make a report to the Secretary, answer a question, 
        or make, prepare, or preserve a record under section 504 of 
        this title or under any regulation issued by the Secretary 
        pursuant to subchapter III of chapter 311 (except sections 
        31138 and 31139) or section 31502 of this title about 
        transportation by motor carrier, motor carrier of migrant 
        workers, or motor private carrier, or an officer, agent, or 
        employee of that person--
                    ``(i) who does not make that report, does not 
                specifically, completely, and truthfully answer that 
                question in 30 days from the date the Secretary 
                requires the question to be answered, or does not make, 
                prepare, or preserve that record in the form and manner 
                prescribed by the Secretary, shall be liable to the 
                United States for a civil penalty in an amount not to 
                exceed $1,000 for each offense, and each day of the 
                violation shall constitute a separate offense, except 
                that the total of all civil penalties assessed against 
                any violator for all offenses related to any single 
                violation shall not exceed $10,000; or
                    ``(ii) who knowingly falsifies, destroys, 
                mutilates, or changes a required report or record, 
                knowingly files a false report with the Secretary, 
                knowingly makes or causes or permits to be made a false 
                or incomplete entry in that record about an operation 
                or business fact or transaction, or knowingly makes, 
                prepares, or preserves a record in violation of a 
                regulation or order of the Secretary, shall be liable 
                to the United States for a civil penalty in an amount 
                not to exceed $10,000 for each violation, if any such 
                action can be shown to have misrepresented a fact that 
                constitutes a violation other than a reporting or 
                recordkeeping violation.''.
    (b) Section 31310(i)(2) is amended to read as follows:
            ``(2) The Secretary shall prescribe regulations 
        establishing sanctions and penalties related to violations of 
        out-of-service orders by individuals operating commercial motor 
        vehicles. The regulations shall require at least that--
                    ``(A) an operator of a commercial motor vehicle 
                found to have committed a first violation of an out-of-
                service order shall be disqualified from operating such 
                a vehicle for at least 180 days and liable for a civil 
                penalty of at least $2,500;
                    ``(B) an operator of a commercial motor vehicle 
                found to have committed a second violation of an out-
                of-service order shall be disqualified from operating 
                such a vehicle for at least 2 years and not more than 5 
                years and liable for a civil penalty of at least 
                $5,000;
                    ``(C) an employer that knowingly allows or requires 
                an employee to operate a commercial motor vehicle in 
                violation of an out-of-service order shall be liable 
                for a civil penalty of not more than $25,000; and
                    ``(D) an employer that knowingly and willfully 
                allows or requires an employee to operate a commercial 
                motor vehicle in violation of an out-of-service order 
                shall, upon conviction, be subject for each offense to 
                imprisonment for a term not to exceed 1 year or a fine 
                under title 18, United States Code, or both.''.

SEC. 114. INTRASTATE OPERATIONS OF INTERSTATE MOTOR CARRIERS.

    (a) Subsection (a) of section 31144 is amended to read as follows:
    ``(a) In General.--The Secretary shall--
            ``(1) determine whether an owner or operator is fit to 
        operate safely commercial motor vehicles, utilizing among other 
        things the accident record of an owner or operator operating in 
        interstate commerce and the accident record and safety 
        inspection record of such owner or operator in operations that 
        affect interstate commerce within the United States, and in 
        Canada and Mexico if the owner or operator also conducts 
        operations within the United States;
            ``(2) periodically update such safety fitness 
        determinations;
            ``(3) make such final safety fitness determinations readily 
        available to the public; and
            ``(4) prescribe by regulation penalties for violations of 
        this section consistent with section 521.''.
    (b) Subsection (c) of section 31144 is amended by adding at the end 
the following:
            ``(5) Transportation affecting interstate commerce.--Owners 
        or operators of commercial motor vehicles prohibited from 
        operating in interstate commerce pursuant to paragraphs (1) 
        through (3) of this section may not operate any commercial 
        motor vehicle that affects interstate commerce until the 
        Secretary determines that such owner or operator is fit.''.
    (c) Section 31144 is amended by redesignating subsections (d), (e), 
and the second subsection (c) as subsections (e), (f), and (g), 
respectively, and inserting after subsection (c) the following:
    ``(d) Determination of Unfitness by a State.--If a State that 
receives Motor Carrier Safety Assistance Program funds pursuant to 
section 31102 of this title determines, by applying the standards 
prescribed by the Secretary under subsection (b) of this section, that 
an owner or operator of commercial motor vehicles that has its 
principal place of business in that State and operates in intrastate 
commerce is unfit under such standards and prohibits the owner or 
operator from operating such vehicles in the State, the Secretary shall 
prohibit the owner or operator from operating such vehicles in 
interstate commerce until the State determines that the owner or 
operator is fit.''.

SEC. 115. AUTHORITY TO STOP COMMERCIAL MOTOR VEHICLES.

    (a) In General.--Chapter 2 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 39. Commercial motor vehicles required to stop for inspections
    ``(a) A driver of a commercial motor vehicle, as defined in section 
31132(1) of title 49, shall stop and submit to inspection of the 
vehicle, driver, cargo, and required records when directed to do so by 
an authorized employee of the Federal Motor Carrier Safety 
Administration, Department of Transportation, at or in the vicinity of 
an inspection site. The driver shall not leave the inspection site 
until authorized to do so by an authorized employee.
    ``(b) A driver of a commercial motor vehicle, as defined in 
subsection (a), who knowingly fails to stop for inspection when 
directed to do so by an authorized employee of the Federal Motor 
Carrier Safety Administration at or in the vicinity of an inspection 
site, or leaves the inspection site without authorization, shall be 
fined under this title or imprisoned not more than 1 year, or both.''.
    (b) Authority of FMCSA.--Chapter 203 of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 3064. Powers of Federal Motor Carrier Safety Administration
    ``Authorized employees of the Federal Motor Carrier Safety 
Administration may direct a driver of a commercial motor vehicle, as 
defined in 49 U.S.C. 31132(1), to stop for inspection of the vehicle, 
driver, cargo, and required records at or in the vicinity of an 
inspection site.''.
    (c) Conforming Amendments.--
            (1) The chapter analysis for chapter 2 of title 18, United 
        States Code, is amended by inserting after the item relating to 
        section 38 the following:

``39. Commercial motor vehicles required to stop for inspections.''.
            (2) The chapter analysis for chapter 203 of title 18, 
        United States Code, is amended by inserting after the item 
        relating to section 3063 the following:

``3064. Powers of Federal Motor Carrier Safety Administration.''.

SEC. 116. REVOCATION OF OPERATING AUTHORITY.

    Section 13905(e) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Protection of safety.--Notwithstanding subchapter II 
        of chapter 5 of title 5, the Secretary--
                    ``(A) may suspend the registration of a motor 
                carrier, a freight forwarder, or a broker for failure 
                to comply with requirements of the Secretary pursuant 
                to section 13904(c) or 13906 of this title, or an order 
                or regulation of the Secretary prescribed under those 
                sections; and
                    ``(B) shall revoke the registration of a motor 
                carrier that has been prohibited from operating in 
                interstate commerce for failure to comply with the 
                safety fitness requirements of section 31144 of this 
                title.'';
            (2) by striking ``may suspend a registration'' in paragraph 
        (2) and inserting ``shall revoke the registration''; and
            (3) by striking paragraph (3) and inserting the following:
            ``(3) Notice; period of suspension.--The Secretary may 
        suspend or revoke under this subsection the registration only 
        after giving notice of the suspension or revocation to the 
        registrant. A suspension remains in effect until the registrant 
        complies with the applicable sections or, in the case of a 
        suspension under paragraph (2), until the Secretary revokes the 
        suspension.''.

SEC. 117. PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER MANAGEMENT.

    (a) In General.--Section 31135 is amended--
            (1) by inserting ``(a) In General.--'' before ``Each''; and
            (2) by adding at the end the following:
    ``(b) Pattern of Non-Compliance.--If an officer of a motor carrier 
engages in a pattern or practice of avoiding compliance, or masking or 
otherwise concealing non-compliance, with regulations on commercial 
motor vehicle safety prescribed under this subchapter, the Secretary 
may suspend, amend, or revoke any part of the motor carrier's 
registration under section 13905 of this title.
    ``(c) Regulations.--Within 1 year after the date of enactment of 
the Motor Carrier Safety Reauthorization Act of 2005, the Secretary 
shall by regulation establish standards to implement subsection (b).
    ``(d) Definitions.--In this section:
            ``(1) Motor carrier.--The term `motor carrier' has the 
        meaning given the term in section 13102(12) of this title.
            ``(2) Officer.--The term `officer' means an owner, 
        director, chief executive officer, chief operating officer, 
        chief financial officer, safety director, vehicle maintenance 
        supervisor, and driver supervisor of a motor carrier, 
        regardless of the title attached to those functions, and any 
        person, however designated, exercising controlling influence 
        over the operations of the motor carrier.''.
    (b) Cross-Reference.--Section 13902(a)(1)(B) is amended to read as 
follows:
            ``(B) any safety regulations imposed by the Secretary, the 
        duties of employers and employees established by the Secretary 
        under section 31135, and the safety fitness requirements 
        established by the Secretary under section 31144; and''.

SEC. 118. MOTOR CARRIER RESEARCH AND TECHNOLOGY PROGRAM.

    (a) In General.--Section 31108 is amended to read as follows:
``Sec. 31108. Motor carrier research and technology program
    ``(a) Research, Technology, and Technology Transfer Activities.--
            ``(1) The Secretary of Transportation shall establish and 
        carry out a motor carrier and motor coach research and 
        technology program. The Secretary may carry out research, 
        development, technology, and technology transfer activities 
        with respect to--
                    ``(A) the causes of accidents, injuries and 
                fatalities involving commercial motor vehicles; and
                    ``(B) means of reducing the number and severity of 
                accidents, injuries and fatalities involving commercial 
                motor vehicles.
            ``(2) The Secretary may test, develop, or assist in testing 
        and developing any material, invention, patented article, or 
        process related to the research and technology program.
            ``(3) The Secretary may use the funds appropriated to carry 
        out this section for training or education of commercial motor 
        vehicle safety personnel, including, but not limited to, 
        training in accident reconstruction and detection of controlled 
        substances or other contraband, and stolen cargo or vehicles.
            ``(4) The Secretary may carry out this section--
                    ``(A) independently;
                    ``(B) in cooperation with other Federal 
                departments, agencies, and instrumentalities and 
                Federal laboratories; or
                    ``(C) by making grants to, or entering into 
                contracts, cooperative agreements, and other 
                transactions with, any Federal laboratory, State 
                agency, authority, association, institution, for-profit 
                or non-profit corporation, organization, foreign 
                country, or person.
            ``(5) The Secretary shall use funds made available to carry 
        out this section to develop, administer, communicate, and 
        promote the use of products of research, technology, and 
        technology transfer programs under this section.
    ``(b) Collaborative Research and Development.--
            ``(1) To advance innovative solutions to problems involving 
        commercial motor vehicle and motor carrier safety, security, 
        and efficiency, and to stimulate the deployment of emerging 
        technology, the Secretary may carry out, on a cost-shared 
        basis, collaborative research and development with--
                    ``(A) non-Federal entities, including State and 
                local governments, foreign governments, colleges and 
                universities, corporations, institutions, partnerships, 
                and sole proprietorships that are incorporated or 
                established under the laws of any State; and
                    ``(B) Federal laboratories.
            ``(2) In carrying out this subsection, the Secretary may 
        enter into cooperative research and development agreements (as 
        defined in section 12 of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3710a)).
            ``(3)(A) The Federal share of the cost of activities 
        carried out under a cooperative research and development 
        agreement entered into under this subsection shall not exceed 
        50 percent, except that if there is substantial public interest 
        or benefit, the Secretary may approve a greater Federal share.
            ``(B) All costs directly incurred by the non-Federal 
        partners, including personnel, travel, and hardware or software 
        development costs, shall be credited toward the non-Federal 
        share of the cost of the activities described in subparagraph 
        (A).
            ``(4) The research, development, or use of a technology 
        under a cooperative research and development agreement entered 
        into under this subsection, including the terms under which the 
        technology may be licensed and the resulting royalties may be 
        distributed, shall be subject to the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
    ``(c) Availability of Amounts.--The amounts made available under 
section 103(a) of the Motor Carrier Safety Reauthorization Act of 2005 
to carry out this section shall remain available until expended.
    ``(d) Contract Authority.--Approval by the Secretary of a grant 
with funds made available under section 103(a) of the Motor Carrier 
Safety Reauthorization Act of 2005 to carry out this section imposes 
upon the United States Government a contractual obligation for payment 
of the Government's share of costs incurred in carrying out the 
objectives of the grant.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 311 is 
amended by striking the item relating to section 31108, and inserting 
the following:

``31108. Motor carrier research and technology program.''.

SEC. 119. INTERNATIONAL COOPERATION.

    (a) In General.--Chapter 311 is amended by inserting at the end the 
following:

                     ``Subchapter IV--Miscellaneous

``Sec. 31161. International cooperation
    ``The Secretary is authorized to use funds appropriated under 
section 31104(i) of this title to participate and cooperate in 
international activities to enhance motor carrier, commercial motor 
vehicle, driver, and highway safety by such means as exchanging 
information, conducting research, and examining needs, best practices, 
and new technology.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 311 is 
amended by adding at the end the following:

                     ``SUBCHAPTER IV--MISCELLANEOUS

``31161. International cooperation.''.

SEC. 120. PERFORMANCE AND REGISTRATION INFORMATION SYSTEM MANAGEMENT.

    (a) In General.--Section 31106(b) is amended--
            (1) by striking paragraphs (2) and (3) and inserting the 
        following:
            ``(2) Design.--The program shall link Federal motor carrier 
        safety information systems with State commercial vehicle 
        registration and licensing systems and shall be designed to 
        enable a State to--
                    ``(A) determine the safety fitness of a motor 
                carrier or registrant when licensing or registering the 
                registrant or motor carrier or while the license or 
                registration is in effect; and
                    ``(B) deny, suspend, or revoke the commercial motor 
                vehicle registrations of a motor carrier or registrant 
                that has been issued an operations out-of-service order 
                by the Secretary.
            ``(3) Conditions for participation.--The Secretary shall 
        require States, as a condition of participation in the program, 
        to--
                    ``(A) comply with the uniform policies, procedures, 
                and technical and operational standards prescribed by 
                the Secretary under subsection (a)(4);
                    ``(B) possess the authority to impose sanctions 
                relating to commercial motor vehicle registration on 
                the basis of a Federal safety fitness determination; 
                and
                    ``(C) cancel the motor vehicle registration and 
                seize the registration plates of an employer found 
                liable under section 31310(i)(2)(C) of this title for 
                knowingly allowing or requiring an employee to operate 
                a commercial motor vehicle in violation of an out-of-
                service order.''; and
            (2) by striking paragraph (4).
    (b) Performance and Registration Information System Management 
Grants.--
            (1) Subchapter I of chapter 311, as amended by this title, 
        is further amended by adding at the end the following:
``Sec. 31109. Performance and Registration Information System 
              Management
    ``(a) In General.--From the funds authorized by section 103(b)(2) 
of the Motor Carrier Safety Reauthorization Act of 2005, the Secretary 
may make a grant in a fiscal year to a State to implement the 
performance and registration information system management requirements 
of section 31106(b).
    ``(b) Availability of Amounts.--Amounts made available to a State 
under section 103(b)(2) of the Motor Carrier Safety Reauthorization Act 
of 2005 to carry out this section shall remain available until 
expended.
    ``(c) Secretary's Approval.--Approval by the Secretary of a grant 
to a State under section 103(b)(2) of the Motor Carrier Safety 
Reauthorization Act of 2005 to carry out this section is a contractual 
obligation of the Government for payment of the amount of the grant.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        311 is amended by inserting after the item relating to section 
        31108 the following:

``31109. Performance and Registration Information System Management.''.

SEC. 121. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS 
              DEPLOYMENT.

    (a) In General.--Subchapter III of chapter 311, as amended by 
section 110, is amended by adding at the end the following:
``Sec. 31151. Commercial vehicle information systems and networks
    ``(a) In General.--The Secretary shall carry out a commercial 
vehicle information systems and networks program to--
            ``(1) improve the safety and productivity of commercial 
        vehicles; and
            ``(2) reduce costs associated with commercial vehicle 
        operations and Federal and State commercial vehicle regulatory 
        requirements.
    ``(b) Purpose.--The program shall advance the technological 
capability and promote the deployment of intelligent transportation 
system applications for commercial vehicle operations, including 
commercial vehicle, commercial driver, and carrier-specific information 
systems and networks.
    ``(c) Core Deployment Grants.--
            ``(1) In general.--The Secretary shall make grants to 
        eligible States for the core deployment of commercial vehicle 
        information systems and networks.
            ``(2) Eligibility.--To be eligible for a core deployment 
        grant under this section, a State--
                    ``(A) shall have a commercial vehicle information 
                systems and networks program plan and a system design 
                approved by the Secretary;
                    ``(B) shall certify to the Secretary that its 
                commercial vehicle information systems and networks 
                deployment activities, including hardware procurement, 
                software and system development, and infrastructure 
                modifications, are consistent with the national 
                intelligent transportation systems and commercial 
                vehicle information systems and networks architectures 
                and available standards, and promote interoperability 
                and efficiency to the extent practicable; and
                    ``(C) shall agree to execute interoperability tests 
                developed by the Federal Motor Carrier Safety 
                Administration to verify that its systems conform with 
                the national intelligent transportation systems 
                architecture, applicable standards, and protocols for 
                commercial vehicle information systems and networks.
            ``(3) Amount of grants.--The maximum aggregate amount a 
        State may receive under this section for the core deployment of 
        commercial vehicle information systems and networks may not 
        exceed $2,500,000.
            ``(4) Use of funds.--Funds from a grant under this 
        subsection may only be used for the core deployment of 
        commercial vehicle information systems and networks. Eligible 
        States that have either completed the core deployment of 
        commercial vehicle information systems and networks or 
        completed such deployment before core deployment grant funds 
        are expended may use the remaining core deployment grant funds 
        for the expanded deployment of commercial vehicle information 
        systems and networks in their State.
    ``(d) Expanded Deployment Grants.--
            ``(1) In general.--For each fiscal year, from the funds 
        remaining after the Secretary has made core deployment grants 
        under subsection (c) of this section, the Secretary may make 
        grants to each eligible State, upon request, for the expanded 
        deployment of commercial vehicle information systems and 
        networks.
            ``(2) Eligibility.--Each State that has completed the core 
        deployment of commercial vehicle information systems and 
        networks is eligible for an expanded deployment grant.
            ``(3) Amount of grants.--Each fiscal year, the Secretary 
        may distribute funds available for expanded deployment grants 
        equally among the eligible States, but not to exceed $1,000,000 
        per State.
            ``(4) Use of funds.--A State may use funds from a grant 
        under this subsection only for the expanded deployment of 
        commercial vehicle information systems and networks.
    ``(e) Federal Share.--The Federal share of the cost of a project 
payable from funds made available to carry out this section shall not 
exceed 50 percent. The total Federal share of the cost of a project 
payable from all eligible sources shall not exceed 80 percent.
    ``(f) Availability of Funds.--Funds authorized to be appropriated 
under section 103(b)(4) of the Motor Carrier Safety Reauthorization Act 
of 2005 shall be available for obligation in the same manner and to the 
same extent as if such funds were apportioned under chapter 1 of title 
23, United States Code, except that such funds shall remain available 
until expended.
    ``(g) Definitions.--In this section:
            ``(1) Commercial vehicle information systems and 
        networks.--The term `commercial vehicle information systems and 
        networks' means the information systems and communications 
        networks that provide the capability to--
                    ``(A) improve the safety of commercial vehicle 
                operations;
                    ``(B) increase the efficiency of regulatory 
                inspection processes to reduce administrative burdens 
                by advancing technology to facilitate inspections and 
                increase the effectiveness of enforcement efforts;
                    ``(C) advance electronic processing of registration 
                information, driver licensing information, fuel tax 
                information, inspection and crash data, and other 
                safety information;
                    ``(D) enhance the safe passage of commercial 
                vehicles across the United States and across 
                international borders; and
                    ``(E) promote the communication of information 
                among the States and encourage multistate cooperation 
                and corridor development.
            ``(2) Commercial vehicle operations.--The term `commercial 
        vehicle operations'--
                    ``(A) means motor carrier operations and motor 
                vehicle regulatory activities associated with the 
                commercial movement of goods, including hazardous 
                materials, and passengers; and
                    ``(B) with respect to the public sector, includes 
                the issuance of operating credentials, the 
                administration of motor vehicle and fuel taxes, and 
                roadside safety and border crossing inspection and 
                regulatory compliance operations.
            ``(3) Core deployment.--The term `core deployment' means 
        the deployment of systems in a State necessary to provide the 
        State with the following capabilities:
                    ``(A) Safety information exchange.--Safety 
                information exchange to--
                            ``(i) electronically collect and transmit 
                        commercial vehicle and driver inspection data 
                        at a majority of inspection sites;
                            ``(ii) connect to the Safety and Fitness 
                        Electronic Records system for access to 
                        interstate carrier and commercial vehicle data, 
                        summaries of past safety performance, and 
                        commercial vehicle credentials information; and
                            ``(iii) exchange carrier data and 
                        commercial vehicle safety and credentials 
                        information within the State and connect to 
                        Safety and Fitness Electronic Records for 
                        access to interstate carrier and commercial 
                        vehicle data.
                    ``(B) Interstate credentials administration.--
                Interstate credentials administration to--
                            ``(i) perform end-to-end processing, 
                        including carrier application, jurisdiction 
                        application processing, and credential 
                        issuance, of at least the International 
                        Registration Plan and International Fuel Tax 
                        Agreement credentials and subsequently extend 
                        this processing to other credentials, including 
                        intrastate, titling, oversize/overweight, 
                        carrier registration, and hazardous materials;
                            ``(ii) connect to the International 
                        Registration Plan and International Fuel Tax 
                        Agreement clearinghouses; and
                            ``(iii) have at least 10 percent of the 
                        transaction volume handled electronically, and 
                        have the capability to add more carriers and to 
                        extend to branch offices where applicable.
                    ``(C) Roadside screening.--Roadside electronic 
                screening to electronically screen transponder-equipped 
                commercial vehicles at a minimum of 1 fixed or mobile 
                inspection sites and to replicate this screening at 
                other sites.
            ``(4) Expanded deployment.--The term `expa
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