II 

Calendar No. 421

108TH CONGRESS 

1ST SESSION S. 1978

[Report No. 108–215] 

To authorize funds for highway safety programs, motor carrier safety programs, hazardous materials transportation safety programs, boating safety programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 25, 2003

Mr. MCCAIN, 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 authorize funds for highway safety programs, motor carrier safety programs, hazardous materials transportation 

safety programs, boating 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 Reauthorization Act of 2003’’. 
2

•S 1978 RS 

1 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—HIGHWAY SAFETY 

Subtitle A—Highway Safety Grant Program 

Sec. 101. Short title; amendment of title 23, United States Code. 

Sec. 102. Authorization of appropriations. 

Sec. 103. Highway safety programs. 

Sec. 104. Highway safety research and outreach programs. 

Sec. 105. National Highway Safety Advisory Committee technical correction. 

Sec. 106. Occupant protection grants. 

Sec. 107. School bus driver training. 

Sec. 108. Emergency medical services. 

Sec. 109. Repeal of authority for alcohol traffic safety programs. 

Sec. 110. Impaired driving program. 

Sec. 111. State traffic safety information system improvements. 

Sec. 112. NHTSA accountability. 

Sec. 113. Effective dates. 

Subtitle B—Specific Vehicle Safety-related Rulings 

Sec. 151. Amendment of title 49, United States Code. 

Sec. 152. Load capacity labeling for light trucks. 

Sec. 153. Vehicle crash ejection prevention. 

Sec. 154. Vehicle backover avoidance technology study. 

Sec. 155. Vehicle backover data collection. 

Sec. 156. Aggressivity and incompatibility reduction standard. 

Sec. 157. Improved crashworthiness. 

Sec. 158. 15-passenger vans. 

Sec. 159. Tires. 

Sec. 160. Safety belt use reminders. 

Sec. 161. Missed deadlines reports. 

Sec. 162. Grants for improving child passenger safety programs. 

Sec. 163. Bus crash testing. 

Sec. 164. Authorization of appropriations. 

TITLE II—MOTOR CARRIER SAFETY AND UNIFIED CARRIER 

REGISTRATION 

Sec. 201. Short title; amendment of title 49, United States Code 

Sec. 202. Required completion of overdue reports, studies, and rulemakings. 

Sec. 203. Contract authority. 

Subtitle A—Motor Carrier Safety 

Sec. 221. Minimum guarantee. 

Sec. 222. Authorization of appropriations. 

Sec. 223. Motor carrier safety grants. 

Sec. 224. CDL working group. 

Sec. 225. CDL learner’s permit program. 

Sec. 226. Hobbs Act. 
3

•S 1978 RS 

Sec. 227. Penalty for denial of access to records. 

Sec. 228. Medical program. 

Sec. 229. Operation of commercial motor vehicles by individuals who use insulin 

to treat diabetes mellitus. 

Sec. 230. Financial responsibility for private motor carriers. 

Sec. 231. Increased penalties for out-of-service violations and false records. 

Sec. 232. Elimination of commodity and service exemptions. 

Sec. 233. Intrastate operations of interstate motor carriers. 

Sec. 234. Authority to stop commercial motor vehicles. 

Sec. 235. Revocation of operating authority. 

Sec. 236. Pattern of safety violations by motor carrier management. 

Sec. 237. Motor carrier research and technology program. 

Sec. 238. Review of commercial zone exemption provision. 

Sec. 239. International cooperation. 

Sec. 240. Performance and registration information system management. 

Sec. 241. Commercial vehicle information systems and networks deployment.

Sec. 242. Outreach and education. 

Sec. 243. Operation of restricted property-carrying units on national highway 

system. 

Sec. 244. Operation of longer combination vehicles on national highway system. 

Sec. 245. Application of safety standards to certain foreign motor carriers. 

Sec. 246. Background checks for Mexican and Canadian drivers hauling hazardous materials. 

Sec. 247. Exemption of drivers of utility service vehicles. 

Sec. 248. Operation of commercial motor vehicles transporting agricultural 

commodities and farm supplies. 

Subtitle B—Unified Carrier Registration 

Sec. 261. Short title. 

Sec. 262. Relationship to other laws. 

Sec. 263. Inclusion of motor private and exempt carriers. 

Sec. 264. Unified carrier registration system. 

Sec. 265. Registration of motor carriers by states. 

Sec. 266. Identification of vehicles. 

Sec. 267. Use of UCR agreement revenues as matching funds. 

Sec. 268. Clerical amendments. 

TITLE III—HOUSEHOLD GOODS MOVERS 

Sec. 301. Short title; amendment of title 49, United States Code. 

Sec. 302. Findings; sense of Congress. 

Sec. 303. Definitions. 

Sec. 304. Payment of rates. 

Sec. 305. Household goods carrier operations. 

Sec. 306. Liability of carriers under receipts and bills of lading. 

Sec. 307. Dispute settlement for shipments of household goods. 

Sec. 308. Enforcement of regulations related to transportation of household 

goods. 

Sec. 309. Working group for development of practices and procedures to enhance Federal-State relations. 

Sec. 310. Consumer handbook on DOT website. 

Sec. 311. Information about household goods transportation on carriers’ 

websites. 

Sec. 312. Consumer complaints. 

Sec. 313. Review of liability of carriers. 
4

•S 1978 RS 

Sec. 314. Civil penalties relating to household goods brokers. 

Sec. 315. Civil and criminal penalty for failing to give up possession of household goods. 

Sec. 316. Progress report. 

TITLE IV—HAZARDOUS MATERIALS TRANSPORTATION SAFETY 

AND SECURITY 

Sec. 401. Short title. 

Sec. 402. Amendment of title 49, United States Code. 

Subtitle A—General Authorities on Transportation of Hazardous Materials 

Sec. 421. Purpose. 

Sec. 422. Definitions. 

Sec. 423. General regulatory authority. 

Sec. 424. Limitation on issuance of hazmat licenses. 

Sec. 425. Representation and tampering. 

Sec. 426. Transporting certain highly radioactive material. 

Sec. 427. Hazmat employee training requirements and grants. 

Sec. 428. Registration. 

Sec. 429. Shipping papers and disclosure. 

Sec. 430. Rail tank cars. 

Sec. 431. Highway routing of hazardous material. 

Sec. 432. Unsatisfactory safety ratings. 

Sec. 433. Air transportation of ionizing radiation material. 

Sec. 434. Rraining curriculum for the public sector. 

Sec. 435. Planning and training grants; emergency preparedness fund. 

Sec. 436. Special permits and exclusions. 

Sec. 437. Uniform forms and procedures. 

Sec. 438. International uniformity of standards and requirements. 

Sec. 439. Hazardous materials transportation safety and security. 

Sec. 440. Enforcement. 

Sec. 441. Civil penalties. 

Sec. 442. Criminal penalties. 

Sec. 443. Preemption. 

Sec. 444. Relationship to other laws. 

Sec. 445. Judicial review. 

Sec. 446. Authorization of appropriations. 

Sec. 447. Additional civil and criminal penalties. 

Subtitle B—Other Matters 

Sec. 461. Administrative authority for research and special programs administration. 

Sec. 462. Mailability of hazardous materials. 

Sec. 463. Criminal matters. 

Sec. 464. Cargo inspection program. 

Sec. 465. Information on hazmat registrations. 

Sec. 466. Report on applying hazardous materials regulations to persons who 

reject hazardous materials. 

Subtitle C—Sanitary Food Transportation 

Sec. 481. Short title. 

Sec. 482. Responsibilities of the Secretary of Health and Human Services.

Sec. 483. Department of Transportation requirements. 
5

•S 1978 RS 

Sec. 484. Effective date. 

TITLE V—RECREATIONAL BOATING SAFETY PROGRAMS 

Sec. 501. Short title. 

Subtitle A—Federal Aid in Sport Fish Restoration Act amendments 

Sec. 521. Amendment of Federal Aid in Fish Restoration Act. 

Sec. 522. Authorization of appropriations. 

Sec. 523. Division of annual appropriations. 

Sec. 524. Maintenance of projects. 

Sec. 525. Boating infrastructure. 

Sec. 526. Requirements and restrictions concerning use of amounts for expenses for administration. 

Sec. 527. 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. 528. Multistate conservation grant program. 

Subtitle B—Clean Vessel Act Amendments 

Sec. 541. Grant program. 

Subtitle C—Recreational Boating Safety Program Amendments 

Sec. 561. State matching funds requirement. 

Sec. 562. Availability of allocations. 

Sec. 563. Authorization of appropriations for State recreational boating safety 

programs. 

Sec. 564. Maintenance of effort for State recreational boating safety programs. 

Subtitle D—Miscellaneous 

Sec. 581. Technical correction to Homeland Security Act. 

TITLE VI—RAIL TRANSPORTATION 

Subtitle A—AMTRAK 

Sec. 601. Authorization of appropriations. 

Sec. 602. Establishment of corporation. 

Subtitle B—Railroad Track Modernization 

Sec. 631. Short title. 

Sec. 632. Capital grants for railroad track. 

Sec. 633. Regulations. 

Sec. 634. Study of grant-funded projects. 

Sec. 635. Authorization of appropriations. 

Subtitle C—Other Rail Transportation-related Provisions 

Sec. 661. Capital grants for rail line relocation projects. 

Sec. 662. Federal bonds for transportation infrastructure.
6

•S 1978 RS 

1 TITLE I—HIGHWAY SAFETY 

2 Subtitle A—Highway Safety Grant 

3 Program 

4 SEC 101. SHORT TITLE; AMENDMENT OF TITLE 23, UNITED 

5 STATES CODE. 

6 (a) SHORT TITLE.—This subtitle may be cited as the 

7 ‘‘Highway Safety Grant Program Reauthorization Act of 

8 2003’’. 

9 (b) AMENDMENT OF TITLE 23, UNITED STATES

10 CODE.—Except as otherwise expressly provided, whenever 

11 in this subtitle an amendment or repeal is expressed in 

12 terms of an amendment to, or a repeal of, a section or 

13 other provision, the reference shall be considered to be 

14 made to a section or other provision of title 23, United 

15 States Code. 

16 SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) AMOUNTS FOR FISCAL YEARS 2004 THROUGH

18 2009.—There are authorized to be appropriated from the 

19 Highway Trust Fund (other than the Mass Transit Ac20 count) to the Secretary of Transportation for the National 

21 Highway Traffic Safety Administration the following: 

22 (1) To carry out the Highway Safety Programs 

23 under section 402 of title 23, United States Code, 

24 $170,000,000 in fiscal year 2004, $174,000,000 in 

25 fiscal year 2005, $179,000,000 in fiscal year 2006, 
7

•S 1978 RS 

1 $185,000,000 in fiscal year 2007, $204,000,000 in 

2 fiscal year 2008, and $207,000,000 in fiscal year 

3 2009. 

4 (2) To carry out the Research and Outreach 

5 Programs under section 403 of title 23, United 

6 States Code, $110,000,000 in fiscal year 2004, 

7 $112,000,000 in fiscal year 2005, $114,000,000 in 

8 fiscal year 2006, $116,000,000 in fiscal year 2007, 

9 $118,000,000 in fiscal year 2008, and $120,000,000 

10 in fiscal year 2009. 

11 (3) To carry out the Occupant Protection Pro12 grams under section 405 of title 23, United States 

13 Code, $120,000,000 in fiscal year 2004, 

14 $122,000,000 in fiscal year 2005, $124,000,000 in 

15 fiscal year 2006, $126,000,000 in fiscal year 2007, 

16 $128,000,000 in fiscal year 2008, and $130,000,000 

17 in fiscal year 2009. 

18 (4) To carry out the Emergency Medical Serv19 ices Program under section 407A of title 23, United 

20 States Code, $5,000,000 in each of fiscal years 2004 

21 through 2009. 

22 (5) To carry out the Impaired Driving Pro23 grams under section 410 of title 23, United States 

24 Code, $85,000,000 in fiscal year 2004, $89,000,000 

25 in fiscal year 2005, $93,000,000 in fiscal year 2006, 
8

•S 1978 RS 

1 $110,000,000 in fiscal year 2007, $126,000,000 in 

2 fiscal year 2008, and $130,000,000 in fiscal year 

3 2009. 

4 (6) To carry out the State Traffic Safety Infor5 mation System Improvements under section 412 of 

6 title 23, United States Code, $45,000,000 in each of 

7 fiscal years 2004 through 2009. 

8 (7) To carry out chapter 303 of title 49, United 

9 States Code, $4,000,000 for each of fiscal years 

10 2004 through 2009. 

11 (b) PROHIBITION ON OTHER USES.—Except as oth12 erwise provided in this title, the amounts allocated from 

13 the Highway Trust Fund for programs provided for in 

14 chapter 4 of title 23, United States Code, shall only be 

15 used for such programs and may not be used by States 

16 or local governments for construction purposes. 

17 (c) EFFECT OF REVENUE DEFICIENCY.—If revenue 

18 to the Highway Trust Fund for a given fiscal year is lower 

19 than the amounts authorized by this subtitle, any subse20 quent reductions in the overall funding for highway and 

21 transit programs shall not affect the highway safety pro22 grams provided for in chapter 4 of title 23, United States 

23 Code. 

24 (d) PROPORTIONAL INCREASES.—For each fiscal 

25 year from 2004 through 2009, if revenue to the Highway 
9

•S 1978 RS 

1 Trust Fund increases above the amounts for each such 

2 fiscal year set forth in the fiscal year 2004 joint budget 

3 resolution, then the amounts made available in such year 

4 for the programs in sections 402, 405, and 410 shall in5 crease by the same percentage. 

6 SEC. 103. HIGHWAY SAFETY PROGRAMS. 

7 (a) PROGRAMS TO BE INCLUDED.—

8 (1) MOTOR VEHICLE AIRBAGS PUBLIC AWARE9 NESS.—Section 402(a)(2) is amended by striking ‘‘ve10 hicles and to increase public awareness of the benefit 

11 of motor vehicles equipped with airbags’’ and insert12 ing ‘‘vehicles,’’. 

13 (2) AGGRESSIVE DRIVING.—Section 402(a) is 

14 further amended—

15 (A) by redesignating clause (6) as clause 

16 (7); 

17 (B) by inserting after ‘‘involving school 

18 buses,’’ at the end of clause (5) ‘‘(6) to reduce 

19 aggressive driving and to educate drivers about 

20 defensive driving,’’; and 

21 (C) by inserting ‘‘aggressive driving,’’ after 

22 ‘‘school bus accidents,’’. 

23 (b) APPORTIONMENT.—
10

•S 1978 RS 

1 (1) TRIBAL GOVERNMENT PROGRAMS.—Section 

2 402(c) is amended by striking ‘‘three-fourths of 1 

3 percent’’ and inserting ‘‘2 percent’’.

4 (c) EXTRA FUNDING FOR OCCUPANT PROTECTION

5 AND IMPAIRED DRIVING PROGRAMS.—Section 402 is 

6 amended by inserting after subsection (g) the following: 

7 ‘‘(h) GRANTS.—Funds available to States under this 

8 section may be used for making grants of financial assist9 ance for programs and initiatives authorized by sections 

10 405 and 410 of this title.’’.

11 (d) POLICE CHASE TRAINING.—Section 402 is 

12 amended by adding at the end the following: 

13 ‘‘(l) LIMITATION RELATING TO POLICE CHASE

14 TRAINING.—No State may receive any funds available for 

15 fiscal years after fiscal year 2004 for programs under this 

16 chapter until the State submits to the Secretary a written 

17 statement that the State has actively encouraged all rel18 evant law enforcement agencies in that State to follow the 

19 guidelines established for police chases issued by the Inter20 national Association of Chiefs of Police that are in effect 

21 on the date on enactment of the Highway Safety Grant 

22 Program Reauthorization Act of 2003. 

23 ‘‘(m) CONSOLIDATION OF GRANT APPLICATIONS.—

24 The Secretary shall establish an approval process by which 

25 a State may apply for all grants included under this chap-
11

•S 1978 RS 

1 ter through a single application with a single annual dead2 line. The Bureau of Indian Affairs shall establish a simi3 larly simplified process for applications from Indian 

4 tribes.’’. 

5 SEC. 104. HIGHWAY SAFETY RESEARCH AND OUTREACH 

6 PROGRAMS. 

7 (a) REVISED AUTHORITY AND REQUIREMENTS.—

8 Section 403 is amended to read as follows: 

9 ‘‘§ 403. Highway safety research and development 

10 ‘‘(a) AUTHORITY OF THE SECRETARY.—The Sec11 retary is authorized to use funds appropriated to carry 

12 out this section to—

13 ‘‘(1) conduct research on all phases of highway 

14 safety and traffic conditions, including accident cau15 sation, highway or driver characteristics, commu16 nications, and emergency care; 

17 ‘‘(2) conduct ongoing research into driver be18 havior and its effect on traffic safety; 

19 ‘‘(3) conduct research on, and launch initiatives 

20 to counter, fatigued driving by drivers of passenger 

21 motor vehicles and distracted driving in such vehi22 cles, including the effect that the use of electronic 

23 devices and other factors deemed relevant by the 

24 Secretary have on driving; 
12

•S 1978 RS 

1 ‘‘(4) conduct training or education programs in 

2 cooperation with other Federal departments and 

3 agencies, States, private sector persons, highway 

4 safety personnel, and law enforcement personnel; 

5 ‘‘(5) conduct research on, and evaluate the ef6 fectiveness of, traffic safety countermeasures, includ7 ing seat belts and impaired driving initiatives; and 

8 ‘‘(6) conduct demonstration projects. 

9 ‘‘(b) SPECIFIC RESEARCH PROGRAMS.—

10 ‘‘(1) REQUIRED PROGRAMS.—The Secretary 

11 shall conduct research on the following: 

12 ‘‘(A) EFFECTS OF USE OF CONTROLLED

13 SUBSTANCES.—A study on the effects of the 

14 use of controlled substances on driver behavior 

15 to determine—

16 ‘‘(i) methodologies for measuring driv17 er impairment resulting from use of the 

18 most common controlled substances (in19 cluding the use of such substances in com20 bination with alcohol); and 

21 ‘‘(ii) effective and efficient methods 

22 for training law enforcement personnel to 

23 detect or measure the level of impairment 

24 of a driver who is under the influence of a 
13

•S 1978 RS 

1 controlled substance by the use of tech2 nology or otherwise. 

3 ‘‘(B) ON-SCENE MOTOR VEHICLE COLLI4 SION CAUSATION.—A nationally representative 

5 study to collect on-scene motor vehicle collision 

6 data, and to determine crash causation, for 

7 which the Secretary shall enter into a contract 

8 with the National Academy of Sciences to con9 duct a review of the research, design, method10 ology, and implementation of the study. 

11 ‘‘(C) TOLL FACILITIES WORKPLACE SAFE12 TY.—A study on the safety of highway toll col13 lection facilities, including toll booths, to deter14 mine the safety of highway toll collection facili15 ties for the toll collectors who work in and 

16 around such facilities, including consideration 

17 of—

18 ‘‘(i) any problems resulting from de19 sign or construction of facilities that con20 tribute to the occurrence of vehicle colli21 sions with the facilities; 

22 ‘‘(ii) the safety of crosswalks used by 

23 toll collectors in transit to and from toll 

24 booths; 
14

•S 1978 RS 

1 ‘‘(iii) the extent of the enforcement of 

2 speed limits at and in the vicinity of toll 

3 facilities; 

4 ‘‘(iv) the use of warning devices, such 

5 as vibration and rumble strips, to alert 

6 drivers approaching toll facilities; 

7 ‘‘(v) the use of cameras to record traf8 fic violations in the vicinity of toll facilities; 

9 ‘‘(vi) the use of traffic control arms in 

10 the vicinity of toll facilities; 

11 ‘‘(vii) law enforcement practices and 

12 jurisdictional issues that affect safety at 

13 and in the vicinity of toll facilities; and 

14 ‘‘(viii) data (which shall be collected 

15 in conducting the research) regarding the 

16 incidence of accidents and injuries at and 

17 around toll booth facilities. 

18 ‘‘(2) TIME FOR COMPLETION OF STUDIES.—

19 The studies conducted in subparagraphs (A), (B), 

20 and (C) of paragraph (1) may be conducted in con21 cert with other Federal departments and agencies 

22 with relevant expertise. The Secretary shall submit 

23 an annual report to the Senate Committee on Com24 merce, Science, and Transportation and the House 

25 of Representatives Committee on Transportation 
15

•S 1978 RS 

1 and Infrastructure on the progress of each study 

2 conducted under this subsection.

3 ‘‘(3) ONGOING STUDIES.—The studies under 

4 subparagraphs (A) and (B) of paragraph (1) shall 

5 be conducted on an ongoing basis. 

6 ‘‘(4) REPORTS.—

7 ‘‘(A) ONE-TIME STUDY.—Not later than 2 

8 years after the date of enactment of the High9 way Safety Grant Program Reauthorization Act 

10 of 2003, the Secretary shall submit a final re11 port on the study referred to in paragraph 

12 (1)(C) to the Committee on Commerce, Science, 

13 and Transportation of the Senate and the Com14 mittee on Transportation and Infrastructure of 

15 the House of Representatives. 

16 ‘‘(B) ONGOING STUDIES.—The Secretary 

17 shall submit a report on the studies referred to 

18 in paragraph (3) to the Committees of Congress 

19 referred to in subparagraph (A) not later than 

20 September 30, 2005, and shall submit addi21 tional reports on such studies to such commit22 tees each year thereafter until September 30, 

23 2009. 

24 ‘‘(c) NATIONWIDE TRAFFIC SAFETY CAMPAIGNS.—
16

•S 1978 RS 

1 ‘‘(1) REQUIREMENT FOR CAMPAIGNS.—The Ad2 ministrator of the National Highway Traffic Safety 

3 Administration shall establish and administer a pro4 gram under which 3 high-visibility traffic safety law 

5 enforcement campaigns will be carried out for the 

6 purposes specified in paragraph (2) in each of years 

7 2004 through 2009. 

8 ‘‘(2) PURPOSE.—The purpose of each law en9 forcement campaign is to achieve either or both of 

10 the following objectives: 

11 ‘‘(A) Reduce alcohol-impaired or drug-im12 paired operation of motor vehicles. 

13 ‘‘(B) Increase use of seat belts by occu14 pants of motor vehicles. 

15 ‘‘(3) ADVERTISING.—The Administrator may 

16 use, or authorize the use of, funds available under 

17 this section to pay for the development, production, 

18 and use of broadcast and print media advertising in 

19 carrying out traffic safety law enforcement cam20 paigns under this subsection. Consideration shall be 

21 given to advertising directed at non-English speak22 ing populations, including those who listen, read, or 

23 watch nontraditional media. 

24 ‘‘(4) COORDINATION WITH STATES.—The Ad25 ministrator shall coordinate with the States in car-
17

•S 1978 RS 

1 rying out the traffic safety law enforcement cam2 paigns under this subsection, including advertising 

3 funded under paragraph (3), with a view to—

4 ‘‘(A) relying on States to provide most of 

5 the law enforcement resources for the cam6 paigns out of funding available under this sec7 tion and section 405 and 410 of this title; and 

8 ‘‘(B) providing out of National Highway 

9 Traffic Safety Administration resources most of 

10 the means necessary for national advertising 

11 and education efforts associated with the law 

12 enforcement campaigns. 

13 ‘‘(5) FUNDING.—The Secretary shall use 

14 $24,000,000 in each of fiscal years 2004 through 

15 2009 for advertising and educational initiatives to be 

16 carried out nationwide in support of the campaigns 

17 under this section, as well as for the annual evalua18 tion conducted under this section. 

19 ‘‘(d) IMPROVING OLDER DRIVER SAFETY.—

20 ‘‘(1) IN GENERAL.—Of the funds made avail21 able under this section, the Secretary shall allocate 

22 $2,000,000 in each of fiscal years 2004 through 

23 2009 to conduct a comprehensive research and dem24 onstration program to improve traffic safety per25 taining to older drivers. The program shall—
18

•S 1978 RS 

1 ‘‘(A) provide information and guidelines to 

2 assist physicians and other related medical per3 sonnel, families, licensing agencies, enforcement 

4 officers, and various public and transit agencies 

5 in enhancing the safety and mobility of older 

6 drivers; 

7 ‘‘(B) improve the scientific basis of medical 

8 standards and screenings strategies used in the 

9 licensing of all drivers in a non-discriminatory 

10 manner; 

11 ‘‘(C) conduct field tests to assess the safe12 ty benefits and mobility impacts of different 

13 driver licensing strategies and driver assess14 ment and rehabilitation methods; 

15 ‘‘(D) assess the value and improve the 

16 safety potential of driver retraining courses of 

17 particular benefit to older drivers; and 

18 ‘‘(E) conduct other activities to accomplish 

19 the objectives of this action. 

20 ‘‘(2) FORMULATION OF PLAN.—After consulta21 tion with affected parties, the Secretary shall formu22 late an older driver traffic safety plan to guide the 

23 design and implementation of this program. The 

24 plan shall be submitted to the House Committee on 

25 Transportation and Infrastructure and the Senate 
19

•S 1978 RS 

1 Committee on Commerce, Science, and Transpor2 tation. 

3 ‘‘(f) POLICE CHASE TRAINING.—

4 ‘‘(1) REQUIREMENT FOR PROGRAM.—The Ad5 ministrator of the National Highway Traffic Safety 

6 Administration shall carry out a program to train 

7 law enforcement personnel of each State and polit8 ical subdivision thereof in police chase techniques 

9 that are consistent with the police chase guidelines 

10 issued by the International Association of Chiefs of 

11 Police. 

12 ‘‘(2) AMOUNT FOR PROGRAM.—Of the amount 

13 available for a fiscal year to carry out this section, 

14 $200,000 shall be available for carrying out this 

15 subsection. 

16 ‘‘(g) INTERNATIONAL COOPERATION.—

17 ‘‘(1) AUTHORITY.—The Administrator of the 

18 National Highway Traffic Safety Administration 

19 may participate and cooperate in international ac20 tivities to enhance highway safety. 

21 ‘‘(2) AMOUNT FOR ACTIVITIES.—Of the amount 

22 available for a fiscal year to carry out this section, 

23 $200,000 may be used for activities authorized 

24 under paragraph (1).’’. 
20

•S 1978 RS 

1 (b) STUDY ON REFUSAL OF INTOXICATION TEST2 ING.—

3 (1) REQUIREMENT FOR STUDY.—In addition to 

4 studies under section 403 of title 23, United States

5 Code, the Secretary of Transportation shall carry 

6 out a study of the frequency with which persons ar7 rested for the offense of operating a motor vehicle 

8 under the influence of alcohol and persons arrested 

9 for the offense of operating a motor vehicle while 

10 intoxicated refuse to take a test to determine blood 

11 alcohol concentration levels and the effect such re12 fusals have on the ability of States to prosecute such 

13 persons for those offenses. 

14 (2) CONSULTATION.—In carrying out the study 

15 under this section, the Secretary shall consult with 

16 the Governors of the States, the Attorney General, 

17 and the United States Sentencing Commission. 

18 (3) REPORT.—

19 (A) REQUIREMENT FOR REPORT.—Not 

20 later than 1 year after the date of the enact21 ment of this Act, the Secretary shall submit a 

22 report on the results of the study to the Com23 mittee on Commerce, Science, and Transpor24 tation of the Senate and the Committee on 
21

•S 1978 RS 

1 Transportation and Infrastructure of the House 

2 of Representatives. 

3 (B) CONTENT.—The report shall include 

4 any recommendation for legislation, including 

5 any recommended model State legislation, and 

6 any other recommendations that the Secretary 

7 considers appropriate for implementing a pro8 gram designed to decrease the occurrence refus9 als by arrested persons to submit to a test to 

10 determine blood alcohol concentration levels. 

11 (4) FUNDING.—Amounts available for activities 

12 under section 403 of title 23, United States Code, 

13 shall also be available for the study required by this 

14 section. 

15 SEC. 105. NATIONAL HIGHWAY SAFETY ADVISORY COM16 MITTEE TECHNICAL CORRECTION. 

17 Section 404(d) is amended by striking ‘‘Commerce’’ 

18 and inserting ‘‘Transportation’’. 

19 SEC. 106. OCCUPANT PROTECTION GRANTS. 

20 Section 405 is amended—

21 (1) by striking the second sentence of sub22 section (a)(1); 

23 (2) by striking ‘‘Transportation Equity Act for 

24 the 21st Century.’’ in subsection (a)(2) and insert-
22

•S 1978 RS 

1 ing ‘‘Highway Safety Grant Program Reauthoriza2 tion Act of 2003.’’; 

3 (3) by striking subsections (a)(3) and (4), (b), 

4 (c), (d), and (e); 

5 (4) by redesignating subsection (f) as sub6 section (d); 

7 (5) by inserting after subsection (a) the fol8 lowing: 

9 ‘‘(b) OCCUPANT PROTECTION GRANTS.—

10 ‘‘(1) IN GENERAL.—In addition to the grants 

11 authorized by subsection (a), the Secretary shall 

12 make grants in accordance with this subsection. 

13 ‘‘(2) SAFETY BELT PERFORMANCE GRANTS.—

14 ‘‘(A) PRIMARY SAFETY BELT USE LAW.—

15 ‘‘(i) For fiscal years 2004 and 2005, 

16 the Secretary shall make a grant to each 

17 State that enacted, and is enforcing, a pri18 mary safety belt use law for all passenger 

19 motor vehicles that became effective by De20 cember 31, 2002. 

21 ‘‘(ii) For each of fiscal years 2004 

22 through 2009, the Secretary shall, after 

23 making grants under clause (i) of this sub24 paragraph, make a one-time grant to each 

25 State that either enacts for the first time 
23

•S 1978 RS 

1 after December 31, 2002, and has in effect 

2 a primary safety belt use law for all pas3 senger motor vehicles, or, in the case of a 

4 State that does not have such a primary 

5 safety belt use law, has a State safety belt 

6 use rate in the preceding fiscal year of at 

7 least 90 percent, as measured under cri8 teria determined by the Secretary. 

9 ‘‘(iii) Of the funds authorized for 

10 grants under this subsection, 

11 $100,000,000 in each of fiscal years 2004 

12 through 2009 shall be available for grants 

13 under this paragraph. The amount of a 

14 grant available to a State in each of fiscal 

15 years 2004 and 2005 under clause (i) of 

this subparagraph shall be equal to 1 16 ⁄2 of 

17 the amount of funds apportioned to the 

18 State under section 402(c) for fiscal year 

19 2003. The amount of a grant available to 

20 a State in fiscal year 2004 or in a subse21 quent fiscal year under clause (ii) of this 

22 subparagraph shall be equal to 5 times the 

23 amount apportioned to the State for fiscal 

24 year 2003 under section 402(c). The Fed25 eral share payable for grants under this 
24

•S 1978 RS 

1 subparagraph shall be 100 percent. If the 

2 total amount of grants under clause (ii) of 

3 this subparagraph for a fiscal year exceeds 

4 the amount of funds available in the fiscal 

5 year, grants shall be made to each eligible 

6 State, in the order in which its primary 

7 safety belt use law became effective or its 

8 safety belt use rate reached 90 percent, 

9 until the funds for the fiscal year are ex10 hausted. A State that does not receive a 

11 grant for which it is eligible in a fiscal year 

12 shall receive the grant in the succeeding 

13 fiscal year so long as its law remains in ef14 fect or its safety belt use rate remains at 

15 or above 90 percent. If the total amount of 

16 grants under this subparagraph for a fiscal 

17 year is less than the amount available in 

18 the fiscal year, the Secretary shall use any 

19 funds that exceed the total amount for 

20 grants under subparagraph (B) of this 

21 paragraph. 

22 ‘‘(B) SAFETY BELT USE RATE.—

23 ‘‘(i) For each year from 2004 through 

24 2009, the funds authorized for grant under 

25 this subparagraph shall be awarded to 
25

•S 1978 RS 

1 States that increase their measured seat 

2 belt use rate by—

3 ‘‘(I) 3 percentage points above 

4 the State’s average of the 2 previous 

5 years; or

6 ‘‘(II) by the following percentage 

7 points for each fiscal year compared 

8 to the average use rates for fiscal 

9 years 2001 and 2002: 

10 ‘‘(aa) For 2004, 3 percent11 age points by the end of fiscal 

12 year 2004. 

13 ‘‘(bb) For 2005, 6 percent14 age points by the end of fiscal 

15 year 2005. 

16 ‘‘(cc) For 2006, 9 percent17 age points by the end of fiscal 

18 year 2006. 

19 ‘‘(dd) For 2007, 12 percent20 age points by the end of fiscal 

21 year 2007. 

22 ‘‘(ee) For 2008, 15 percent23 age points by the end of fiscal 

24 year 2008. 
26

•S 1978 RS 

1 ‘‘(ff) For 2009, 18 percent2 age points by the end of fiscal 

3 year 2009. 

4 ‘‘(ii) Each State that fulfills the re5 quirement of subclause (I) or (II) of clause 

6 (i) of this subparagraph shall be appor7 tioned an amount of funds that is equal to 

8 the amount available under this subpara9 graph for the relevant fiscal year multi10 plied by a ratio determined by dividing—

11 ‘‘(I) the amount of funds appro12 priated to that State under the sec13 tion 402 program for that fiscal year, 

14 by 

15 ‘‘(II) the total amount of funds 

16 appropriated to all States that fulfill 

17 the requirements of either subclause 

18 (I) or (II) of clause (i) of this sub19 paragraph under section 402 for that 

20 fiscal year. 

21 In each year, for each additional percent22 age point increase in safety belt use above 

23 the State’s percentage point increase under 

24 clause (i), the amount allocated to each 

25 State under the previous sentence shall in-
27

•S 1978 RS 

crease by 1 1 ⁄3 of such amount. The appor2 tionment of funds to all States under this 

3 clause shall reflect such increase so that 

4 the total apportionment of funds under 

5 this clause does not exceed the total funds 

6 available for that year. 

7 ‘‘(iii) Of the funds authorized for 

8 grants under this subsection, $20,000,000 

9 for fiscal year 2004, $22,000,000 for fiscal 

10 year 2005, $24,000,000 for fiscal year 

11 2006, $26,000,000 for fiscal year 2007, 

12 $28,000,000 for fiscal year 2008, and 

13 $30,000,000 for fiscal year 2009 shall be 

14 available for safety belt use rate grants 

15 under this subparagraph. 

16 ‘‘(iv) The Federal share payable for 

17 grants under this subparagraph shall be 

18 100 percent. 

19 ‘‘(c) USE OF GRANTS.—A State allocated an amount 

20 for a grant under subsection (b)(2)(A) of this subsection 

21 shall use the amount for activities eligible for assistance 

22 under this section, except that it may use up to 50 percent 

23 of the amount for activities eligible under section 150 of 

24 this title and consistent with the State’s strategic highway 

25 safety plan under section 151 of this title that are not 
28

•S 1978 RS 

1 otherwise eligible for assistance under this section. A State 

2 allocated an amount for a grant under subsection 

3 (b)(2)(A) of this subsection may use the amount for activi4 ties eligible for assistance under this section or for activi5 ties eligible under section 150 of this title and consistent 

6 with the State’s strategic highway safety plan under sec7 tion 151 of this title that are not otherwise eligible for 

8 assistance under this section. A State allocated an amount 

9 for a grant under subsection (b)(2)(B) of this section, in10 cluding any amount transferred under subsection 

11 (b)(2)(A) of this section, shall use the amount for safety 

12 belt use programs eligible for assistance under subsection 

13 (b), except that it may use up to 50 percent of the amount 

14 for activities eligible under section 150 of this title and 

15 consistent with the State’s strategic highway safety plan 

16 under section 151 of this title that are not otherwise eligi17 ble for assistance under this section.’’; and 

18 (6) by striking paragraphs (1), (3), and (4) of 

19 subsection (d), as redesignated, and redesignating 

20 paragraphs (2), (5), and (6) as paragraphs (1), (2), 

21 and (3). 

22 SEC. 107. SCHOOL BUS DRIVER TRAINING. 

23 Section 406(c) is amended by striking the first, sec24 ond, and third sentences. 
29

•S 1978 RS 

1 SEC. 108. EMERGENCY MEDICAL SERVICES. 

2 (a) FEDERAL COORDINATION AND ENHANCED SUP3 PORT OF EMERGENCY MEDICAL SERVICES.—Chapter 4 is 

4 amended by inserting after section 407 the following: 

5 ‘‘§ 407A. Federal coordination and enhanced support 

6 of emergency medical services 

7 ‘‘(a) FEDERAL INTERAGENCY COMMITTEE ON EMER8 GENCY MEDICAL SERVICES.—

9 ‘‘(1) ESTABLISHMENT.—The Secretary of 

10 Transportation and the Secretary of Homeland Se11 curity, jointly acting through the Under Secretary of 

12 Transportation for Emergency Preparedness and 

13 Response, shall establish a Federal Interagency 

14 Committee on Emergency Medical Services. In es15 tablishing the Interagency Committee, the Under 

16 Secretary shall consult with the Secretary of Health 

17 and Human Services. 

18 ‘‘(2) MEMBERSHIP.—The Interagency Com19 mittee shall consist of the following officials, or their 

20 designees: 

21 ‘‘(A) The Administrator, National High22 way Traffic Safety Administration. 

23 ‘‘(B) The Director, Preparedness Division, 

24 Emergency Preparedness and Response Direc25 torate, Department of Homeland Security. 
30

•S 1978 RS 

1 ‘‘(C) The Administrator, Health Resources 

2 and Services Administration, Department of 

3 Health and Human Services.

4 ‘‘(D) The Director, Centers for Disease 

5 Control and Prevention, Department of Health 

6 and Human Services. 

7 ‘‘(E) The Administrator, United States 

8 Fire Administration, Emergency Preparedness 

9 and Response Directorate, Department of 

10 Homeland Security. 

11 ‘‘(F) The Director, Center for Medicare 

12 and Medicaid Services, Department of Health 

13 and Human Services. 

14 ‘‘(G) The Undersecretary of Defense for 

15 Personnel and Readiness. 

16 ‘‘(H) The Assistant Secretary for Public 

17 Health Emergency Preparedness, Department 

18 of Health and Human Services. 

19 ‘‘(I) The Director, Indian Health Service, 

20 Department of Health and Human Services. 

21 ‘‘(J) The Chief, Wireless Telecom Bureau, 

22 Federal Communications Commission. 

23 ‘‘(K) A representative of any other Federal 

24 agency identified by the Secretary of Transpor25 tation or the Secretary of Homeland Security 
31

•S 1978 RS 

1 through the Under Secretary for Emergency 

2 Preparedness and Response, in consultation 

3 with the Secretary of Health and Human Serv4 ices, as having a significant role in relation to 

5 the purposes of the Interagency Committee. 

6 ‘‘(3) PURPOSES.—The purposes of the Inter7 agency Committee are as follows: 

8 ‘‘(A) To ensure coordination among the 

9 Federal agencies involved with State, local, trib10 al, or regional emergency medical services and 

11 9–1–1 systems. 

12 ‘‘(B) To identify State, local, tribal, or re13 gional emergency medical services and 9–1–1 

14 needs. 

15 ‘‘(C) To recommend new or expanded pro16 grams, including grant programs, for improving 

17 State, local, tribal, or regional emergency med18 ical services and implementing improved emer19 gency medical services communications tech20 nologies, including wireless 9–1–1. 

21 ‘‘(D) To identify ways to streamline the 

22 process through which Federal agencies support 

23 State, local, tribal or regional emergency med24 ical services. 
32

•S 1978 RS 

1 ‘‘(E) To assist State, local, tribal or re2 gional emergency medical services in setting 

3 priorities based on identified needs. 

4 ‘‘(F) To advise, consult, and make rec5 ommendations on matters relating to the imple6 mentation of the coordinated State emergency 

7 medical services programs. 

8 ‘‘(4) ADMINISTRATION.—The Administrator of 

9 the National Highway Traffic Safety Administra10 tion, in cooperation with the Director, Preparedness 

11 Division, Emergency Preparedness and Response Di12 rectorate, Department of Homeland Security, shall 

13 provide administrative support to the Interagency 

14 Committee, including scheduling meetings, setting 

15 agendas, keeping minutes and records, and pro16 ducing reports. 

17 ‘‘(5) LEADERSHIP.—The members of the Inter18 agency Committee shall select a chairperson of the 

19 Committee annually. 

20 ‘‘(6) MEETINGS.—The Interagency Committee 

21 shall meet as frequently as is determined necessary 

22 by the chairperson of the Committee. 

23 ‘‘(7) ANNUAL REPORTS.—The Interagency 

24 Committee shall prepare an annual report to Con-
33

•S 1978 RS 

1 gress on the Committee’s activities, actions, and rec2 ommendations. 

3 ‘‘(b) COORDINATED NATIONWIDE EMERGENCY MED4 ICAL SERVICES PROGRAM.—

5 ‘‘(1) PROGRAM REQUIREMENT.—The Secretary 

6 of Transportation, acting through the Administrator 

7 of the National Highway Traffic Safety Administra8 tion, shall coordinate with officials of other Federal 

9 departments and agencies, and may assist State and 

10 local governments and emergency medical services 

11 organizations (whether or not a firefighter organiza12 tion), private industry, and other interested parties, 

13 to ensure the development and implementation of a 

14 coordinated nationwide emergency medical services 

15 program that is designed to strengthen transpor16 tation safety and public health and to implement im17 proved emergency medical services communication 

18 systems, including 9–1–1. 

19 ‘‘(2) COORDINATED STATE EMERGENCY MED20 ICAL SERVICES PROGRAM.—Each State shall estab21 lish a program, to be approved by the Secretary, to 

22 coordinate the emergency medical services and re23 sources deployed throughout the State, so as to en24 sure—
34

•S 1978 RS 

1 ‘‘(A) improved emergency medical services 

2 communication systems, including 9–1–1; 

3 ‘‘(B) utilization of established best prac4 tices in system design and operations; 

5 ‘‘(C) implementation of quality assurance 

6 programs; and 

7 ‘‘(D) incorporation of data collection and 

8 analysis programs that facilitate system devel9 opment and data linkages with other systems 

10 and programs useful to emergency medical serv11 ices. 

12 ‘‘(3) ADMINISTRATION OF STATE PROGRAMS.—

13 The Secretary may not approve a coordinated State 

14 emergency medical services program under this sub15 section unless the program—

16 ‘‘(A) provides that the Governor of the 

17 State is responsible for its administration 

18 through a State office of emergency medical 

19 services that has adequate powers and is suit20 ably equipped and organized to carry out such 

21 program and coordinates such program with the 

22 highway safety office of the State; and 

23 ‘‘(B) authorizes political subdivisions of the 

24 State to participate in and receive funds under 

25 such program, consistent with a goal of achiev-
35

•S 1978 RS 

1 ing statewide coordination of emergency medical 

2 services and 9–1–1 activities. 

3 ‘‘(4) FUNDING.—

4 ‘‘(A) USE OF FUNDS.—Funds authorized 

5 to be appropriated to carry out this subsection 

6 shall be used to aid the States in conducting co7 ordinated emergency medical services and 9–1–

8 1 programs as described in paragraph (2). 

9 ‘‘(B) ADMINISTRATIVE EXPENSES.—The 

10 total amount of the funds authorized to be ap11 propriated for a fiscal year to carry out this 

12 subsection shall be subject to a deduction of an 

13 amount not in excess of 5 percent for the nec14 essary costs of administering the provisions of 

15 this subsection. 

16 ‘‘(C) APPORTIONMENT.—

17 ‘‘(i) APPORTIONMENT FORMULA.—

18 The funds remaining after deduction of the 

19 amount under subparagraph (B) shall be 

20 apportioned as follows: 75 percent in the 

21 ratio that the population of each State 

22 bears to the total population of all the 

23 States, as shown by the latest available 

24 Federal census, and 25 percent in the ratio 

25 that the public road mileage in each State 
36

•S 1978 RS 

1 bears to the total public road mileage in all 

2 States. For the purpose of this subpara3 graph, a ‘public road’ means any road 

4 under the jurisdiction of and maintained 

5 by a public authority and open to public 

6 travel. Public road mileage as used in this 

7 subsection shall be determined as of the 

8 end of the calendar year prior to the year 

9 in which the funds are apportioned and 

10 shall be certified by the Governor of the 

11 State and subject to approval by the Sec12 retary. 

13 ‘‘(ii) MINIMUM APPORTIONMENT.—

14 The annual apportionment to each State 

shall not be less than 1 15 ⁄2 of 1 percent of 

16 the total apportionment, except that the 

17 apportionment to the Secretary of the Inte18 rior on behalf of Indian tribes shall not be 

less than 3 19 ⁄4 of 1 percent of the total ap20 portionment, and the apportionments to 

21 the Virgin Islands, Guam, American 

22 Samoa, and the Commonwealth of the 

23 Northern Mariana Islands shall not be less 

than 1 24 ⁄4 of 1 percent of the total apportion25 ment. 
37

•S 1978 RS 

1 ‘‘(5) APPLICABILITY OF CHAPTER 1.—Section 

2 402(d) of this title shall apply in the administration 

3 of this subsection. 

4 ‘‘(6) FEDERAL SHARE.—The Federal share of 

5 the cost of a project or program funded under this 

6 subsection shall be 80 percent. 

7 ‘‘(7) APPLICATION IN INDIAN COUNTRY.—

8 ‘‘(A) USE OF TERMS.—For the purpose of 

9 application of this subsection in Indian country, 

10 the terms ‘State’ and ‘Governor of the State’ 

11 include the Secretary of the Interior and the 

12 term ‘political subdivisions of the State’ in13 cludes an Indian tribe. 

14 ‘‘(B) INDIAN COUNTRY DEFINED.—In this 

15 subsection, the term ‘Indian country’ means—

16 ‘‘(i) all land within the limits of any 

17 Indian reservation under the jurisdiction of 

18 the United States, notwithstanding the 

19 issuance of any patent and including 

20 rights-of-way running through the reserva21 tion; 

22 ‘‘(ii) all dependent Indian commu23 nities within the borders of the United 

24 States, whether within the original or sub25 sequently acquired territory thereof and 
38

•S 1978 RS 

1 whether within or without the limits of a 

2 State; and 

3 ‘‘(iii) all Indian allotments, the Indian 

4 titles to which have not been extinguished, 

5 including rights-of-way running through 

6 such allotments. 

7 ‘‘(c) STATE DEFINED.—In this section, the term 

8 ‘State’ means each of the 50 States, the District of Colum9 bia, Puerto Rico, the Virgin Islands, Guam, American 

10 Samoa, the Commonwealth of the Northern Mariana Is11 lands, and the Secretary of the Interior on behalf of In12 dian tribes. 

13 ‘‘(d) CONSTRUCTION WITH RESPECT TO DISTRICT

14 OF COLUMBIA.—In the administration of this section with 

15 respect to the District of Columbia, a reference in this 

16 section to the Governor of a State shall refer to the Mayor 

17 of the District of Columbia.’’. 

18 (b) CLERICAL AMENDMENT.—The chapter analysis 

19 for chapter 4 is amended by inserting after the item relat20 ing to section 407 the following:

‘‘407A. Federal coordination and enhanced support of emergency medical services.’’.

21 SEC. 109. REPEAL OF AUTHORITY FOR ALCOHOL TRAFFIC 

22 SAFETY PROGRAMS. 

23 (a) REPEAL.—Section 408 is repealed. 
39

•S 1978 RS 

1 (b) CLERICAL AMENDMENT.—The chapter analysis 

2 for chapter 4 is amended by striking the item relating to 

3 section 408. 

4 SEC. 110. IMPAIRED DRIVING PROGRAM. 

5 (a) MAINTENANCE OF EFFORT.—Section 410(a)(2) 

6 is amended by striking ‘‘the Transportation Equity Act 

7 for the 21st Century’’ and inserting ‘‘the Highway Safety 

8 Grant Program Reauthorization Act of 2003’’. 

9 (b) REVISED GRANT AUTHORITY.—Section 410 is 

10 amended—

11 (1) by striking paragraph (3) of subsection (a) 

12 and redesignating paragraph (4) as paragraph (3); 

13 and 

14 (2) by striking subsections (b) through (f) and 

15 inserting the following: 

16 ‘‘(b) PROGRAM-RELATED ELIGIBILITY REQUIRE17 MENTS.—To be eligible for a grant under this section, a 

18 State shall—

19 ‘‘(1) carry out each of the programs and activi20 ties required under subsection (c); 

21 ‘‘(2) comply with the additional requirements 

22 set forth in subsection (d) with respect to such pro23 grams and activities; and 

24 ‘‘(3) comply with any additional requirements 

25 of the Secretary. 
40

•S 1978 RS 

1 ‘‘(c) REQUIRED STATE PROGRAMS AND ACTIVI2 TIES.—For the purpose of subsection (b)(1), the required 

3 State program and activities are as follows:

4 ‘‘(1) CHECK-POINT, SATURATION PATROL PRO5 GRAM.—A State program to conduct of a series of 

6 high-visibility, Statewide law enforcement campaigns 

7 in which law enforcement personnel monitor for im8 paired driving, either through use of check-points or 

9 saturation patrols, on a nondiscriminatory, lawful 

10 basis for the purpose of determining whether the op11 erators of the motor vehicles are driving while under 

12 the influence of alcohol or controlled substances. 

13 ‘‘(2) PROSECUTION AND ADJUDICATION PRO14 GRAM.—For grants made during fiscal years after 

15 fiscal year 2004, a State prosecution and adjudica16 tion program under which—

17 ‘‘(A) judges and prosecutors are actively 

18 encouraged to prosecute and adjudicate cases of 

19 repeated commission of impaired driving of20 fenses by reducing the use of State diversion 

21 programs, plea negotiation, or other means that 

22 have the effect of avoiding or expunging a per23 manent record of impaired driving in such 

24 cases; or 
41

•S 1978 RS 

1 ‘‘(B) the courts in a majority of the judi2 cial jurisdictions of the State are monitored on 

3 the courts’ adjudication of cases of impaired 

4 driving offenses; and 

5 ‘‘(C) annual Statewide outreach is provided 

6 for judges and prosecutors on innovative ap7 proaches to the prosecution and adjudication of 

8 cases of impaired driving offenses that have the 

9 potential for significantly improving the pros10 ecution and adjudication of such cases. 

11 ‘‘(3) IMPAIRED OPERATION INFORMATION SYS12 TEM.—A State impaired operation information sys13 tem that—

14 ‘‘(A) tracks drivers who are arrested or 

15 convicted for violation of laws prohibiting im16 paired operation of motor vehicles; 

17 ‘‘(B) includes information about each case 

18 of an impaired driver beginning at the time of 

19 arrest through case disposition, including infor20 mation about any trial, plea, plea agreement, 

21 conviction or other disposition, sentencing or 

22 other imposition of sanctions, and substance 

23 abuse treatment; 

24 ‘‘(C) provides—
42

•S 1978 RS 

1 ‘‘(i) accessibility to the information 

2 for law enforcement personnel Statewide 

3 and for United States law enforcement 

4 personnel; and 

5 ‘‘(ii) linkage for the sharing of the in6 formation and of the information in State 

7 traffic record systems among jurisdictions 

8 and appropriate agencies and offices of the 

9 States; and 

10 ‘‘(D) shares information with the National 

11 Highway Traffic Safety Administration for 

12 compilation and use for the tracking of im13 paired operators of motor vehicles who move 

14 from State to State. 

15 ‘‘(d) ADDITIONAL REQUIREMENTS.—For the pur16 poses of subsection (b)(2), the additional requirements 

17 that are applicable to States with respect to programs and 

18 activities described in subsection (c) are as follows: 

19 ‘‘(1) CHECK-POINT, SATURATION PATROL PRO20 GRAM.—

21 ‘‘(A) COOPERATION WITH NATIONAL CAM22 PAIGNS.—Under the program for the conduct of 

23 a series of high-visibility, Statewide law enforce24 ment campaigns under subsection (c)(1), a 

25 State shall organize the campaigns in coopera-
43

•S 1978 RS 

1 tion with related national campaigns organized 

2 by the National Highway Traffic Safety Admin3 istration, but may also initiate high-visibility, 

4 Statewide law enforcement campaigns independ5 ently of the cooperative efforts. 

6 ‘‘(B) DEMONSTRATED IMPROVEMENT.—

7 For each fiscal year, a State shall demonstrate 

8 to the Secretary that the State and the political 

9 subdivisions of the State that receive funds 

10 under this section have increased, in the aggre11 gate, the total number of impaired driving law 

12 enforcement activities, as described in sub13 section (c)(1) (or any other similar activity ap14 proved by the Secretary), initiated in such State 

15 during the preceding fiscal year by a factor (not 

16 less than 5 percent) that the Secretary deter17 mines meaningful for the State over the number 

18 of such activities initiated in such State during 

19 the next preceding fiscal year. 

20 ‘‘(2) IMPAIRED OPERATION INFORMATION SYS21 TEM.—

22 ‘‘(A) IN GENERAL.—By not later than 

23 June 30, 2004, the National Highway Traffic 

24 Safety Administration shall issue guidelines to 

25 the States specifying the types and formats of 
44

•S 1978 RS 

1 data that States should collect relating to driv2 ers who are arrested or convicted for violation 

3 of laws prohibiting the impaired operation of 

4 motor vehicles. 

5 ‘‘(B) REQUIREMENT FOR FISCAL YEARS

6 2004 AND 2005.—During fiscal years 2004 and 

7 2005, each State shall—

8 ‘‘(i) assess the system used by the 

9 State for tracking drivers who are arrested 

10 or convicted for violation of laws prohib11 iting impaired operation of motor vehicles; 

12 ‘‘(ii) identify ways to improve the sys13 tem, as well as to enhance the capability of 

14 the system to provide information in co15 ordination with impaired operation infor16 mation systems of other States; and 

17 ‘‘(iii) develop a strategic plan that 

18 sets forth the actions to be taken and the 

19 resources necessary to achieve the identi20 fied improvements and to enhance the ca21 pability for coordination with the systems 

22 of other States. 

23 ‘‘(C) REQUIREMENT FOR FISCAL YEARS

24 2006, 2007, AND 2008.—In each of fiscal years 

25 2006, 2007, and 2008, each State shall dem-
45

•S 1978 RS 

1 onstrate to the Secretary that the State has 

2 made substantial and meaningful progress in

3 improving the State’s impaired operation infor4 mation system, and shall make public a report 

5 on the progress of the information system. 

6 ‘‘(D) REQUIREMENT FOR FISCAL YEAR

7 2009.—In fiscal year 2009, each State shall 

8 demonstrate to the Secretary that the State’s 

9 impaired operation information system—

10 ‘‘(i) meets National Highway Traffic 

11 Safety Administration standards for such 

12 systems; and 

13 ‘‘(ii) is fully operational. 

14 ‘‘(e) USES OF GRANTS.—Grants made under this sec15 tion may be used for programs and activities described in 

16 subsection (c) and to defray the following costs: 

17 ‘‘(1) Labor costs, management costs, and equip18 ment procurement costs for the high-visibility, State19 wide law enforcement campaigns under subsection 

20 (c)(1). 

21 ‘‘(2) The costs of the training of law enforce22 ment personnel and the procurement of technology 

23 and equipment, including video equipment and pas24 sive alcohol sensors, to counter directly impaired op25 eration of motor vehicles. 
46

•S 1978 RS 

1 ‘‘(3) The costs of public awareness, advertising, 

2 and educational campaigns that publicize use of so3 briety check points or increased law enforcement ef4 forts to counter impaired operation of motor vehi5 cles. 

6 ‘‘(4) The costs of public awareness, advertising, 

7 and educational campaigns that target impaired op8 eration of motor vehicles by persons under 34 years 

9 of age. 

10 ‘‘(5) The costs of the development and imple11 mentation of a State impaired operation information 

12 system described in subsection (c)(3). 

13 ‘‘(f) ADDITIONAL AUTHORITIES FOR CERTAIN AU14 THORIZED USES.—

15 ‘‘(1) COMBINATION OF GRANT PROCEEDS.—

16 Grant funds used for a campaign under subsection 

17 (e)(3) may be combined, or expended in coordina18 tion, with proceeds of grants under section 402 of 

19 this title. 

20 ‘‘(2) COORDINATION OF USES.—Grant funds 

21 used for a campaign under paragraph (3) or (4) of 

22 subsection (e) may be expended—

23 ‘‘(A) in coordination with employers, col24 leges, entities in the hospitality industry, and 

25 nonprofit traffic safety groups; and 
47

•S 1978 RS 

1 ‘‘(B) in coordination with sporting events 

2 and concerts and other entertainment events. 

3 ‘‘(g) FUNDING.—

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), grant funding under this section shall be 

6 allocated among eligible States on the basis of the 

7 apportionment formula that applies for apportion8 ments under section 402(c) of this title. 

9 ‘‘(2) HIGH FATALITY-RATE STATES.—The 

10 amount of the grant funds allocated under this sub11 section to each of the 10 States with the highest im12 paired driving-related fatality rate for the fiscal year 

13 preceding the fiscal year of the allocation shall be 

14 twice the amount that, except for this subparagraph, 

15 would otherwise be allocated to the State under 

16 paragraph (1). 

17 ‘‘(h) USE OF FUNDS BY HIGH FATALITY-RATE

18 STATES.—

‘‘(1) REQUIRED USES.—At least 1 19 ⁄2 of the 

20 amounts allocated to States under subsection (g)(2) 

21 shall be used for the program described in sub22 section (c)(1). 

23 ‘‘(2) REQUIREMENT FOR PLAN.—A State re24 ceiving an allocation of grant funds under subsection 

25 (g)(2) shall expend those funds only after consulting 
48

•S 1978 RS 

1 with the Administrator of the National Highway 

2 Traffic Safety Administration regarding such ex3 penditures. 

4 ‘‘(i) DEFINITIONS.—In this section: 

5 ‘‘(1) IMPAIRED DRIVER.—The term ‘impaired 

6 driver’ means a person who, while operating a motor 

7 vehicle—

8 ‘‘(A) has a blood alcohol content of 0.08 

9 percent or higher; or 

10 ‘‘(B) is under the influence of a controlled 

11 substance. 

12 ‘‘(2) IMPAIRED OPERATION.—The term ‘im13 paired operation’, with respect to a motor vehicle, 

14 means the operation of a motor vehicle by an im15 paired driver. 

16 ‘‘(3) IMPAIRED DRIVING-RELATED FATALITY

17 RATE.—The term ‘impaired driving-related fatality 

18 rate’ means the rate of the fatal accidents that in19 volve impaired drivers while operating motor vehi20 cles, as calculated in accordance with regulations 

21 which the Administrator of the National Highway 

22 Traffic Safety Administration shall prescribe.’’. 
49

•S 1978 RS 

1 SEC. 111. STATE TRAFFIC SAFETY INFORMATION SYSTEM 

2 IMPROVEMENTS. 

3 (a) GRANT PROGRAM AUTHORITY.—Chapter 4 is 

4 amended by adding at the end the following: 

5 ‘‘§ 412. State traffic safety information system im6 provements 

7 ‘‘(a) GRANT AUTHORITY.—Subject to the require8 ments of this section, the Secretary shall make grants of 

9 financial assistance to eligible States to support the devel10 opment and implementation of effective programs by such 

11 States to—

12 ‘‘(1) improve the timeliness, accuracy, complete13 ness, uniformity, integration, and accessibility of the 

14 safety data of the State that is needed to identify 

15 priorities for national, State, and local highway and 

16 traffic safety programs; 

17 ‘‘(2) evaluate the effectiveness of efforts to 

18 make such improvements; 

19 ‘‘(3) link the State data systems, including traf20 fic records, with other data systems within the 

21 State, such as systems that contain medical, road22 way, and economic data; and 

23 ‘‘(4) improve the compatibility and interoper24 ability of the data systems of the State with national 

25 data systems and data systems of other States and 

26 enhance the ability of the Secretary to observe and 
50

•S 1978 RS 

1 analyze national trends in crash occurrences, rates, 

2 outcomes, and circumstances. 

3 ‘‘(b) FIRST-YEAR GRANTS.—

4 ‘‘(1) ELIGIBILITY.—To be eligible for a first5 year grant under this section in a fiscal year, a 

6 State shall demonstrate to the satisfaction of the 

7 Secretary that the State has—

8 ‘‘(A) established a highway safety data and 

9 traffic records coordinating committee with a 

10 multidisciplinary membership that includes, 

11 among others, managers, collectors, and users 

12 of traffic records and public health and injury 

13 control data systems; and 

14 ‘‘(B) developed a multiyear highway safety 

15 data and traffic records system strategic plan 

16 that addresses existing deficiencies in the 

17 State’s highway safety data and traffic records 

18 system, is approved by the highway safety data 

19 and traffic records coordinating committee, 

20 and—

21 ‘‘(i) specifies how existing deficiencies 

22 in the State’s highway safety data and 

23 traffic records system were identified; 

24 ‘‘(ii) prioritizes, on the basis of the 

25 identified highway safety data and traffic 
51

•S 1978 RS 

1 records system deficiencies, the highway 

2 safety data and traffic records system 

3 needs and goals of the State, including the 

4 activities under subsection (a); 

5 ‘‘(iii) identifies performance-based 

6 measures by which progress toward those 

7 goals will be determined; and 

8 ‘‘(iv) specifies how the grant funds 

9 and any other funds of the State are to be 

10 used to address needs and goals identified 

11 in the multiyear plan. 

12 ‘‘(2) GRANT AMOUNT.—Subject to subsection 

13 (d)(3), the amount of a first-year grant to a State 

14 for a fiscal year shall be the higher of—

15 ‘‘(A) the amount determined by multi16 plying—

17 ‘‘(i) the amount appropriated to carry 

18 out this section for such fiscal year, by 

19 ‘‘(ii) the ratio that the funds appor20 tioned to the State under section 402 of 

21 this title for fiscal year 2003 bears to the 

22 funds apportioned to all States under such 

23 section for fiscal year 2003; or 

24 ‘‘(B) $300,000. 

25 ‘‘(c) SUCCESSIVE YEAR GRANTS.—
52

•S 1978 RS 

1 ‘‘(1) ELIGIBILITY.—A State shall be eligible for 

2 a grant under this subsection in a fiscal year suc3 ceeding the first fiscal year in which the State re4 ceives a grant under subsection (b) if the State, to 

5 the satisfaction of the Secretary—

6 ‘‘(A) submits an updated multiyear plan 

7 that meets the requirements of subsection 

8 (b)(1)(B); 

9 ‘‘(B) certifies that its highway safety data 

10 and traffic records coordinating committee con11 tinues to operate and supports the multiyear 

12 plan; 

13 ‘‘(C) specifies how the grant funds and any 

14 other funds of the State are to be used to ad15 dress needs and goals identified in the 

16 multiyear plan; 

17 ‘‘(D) demonstrates measurable progress to18 ward achieving the goals and objectives identi19 fied in the multiyear plan; and 

20 ‘‘(E) includes a current report on the 

21 progress in implementing the multiyear plan. 

22 ‘‘(2) GRANT AMOUNT.—Subject to subsection 

23 (d)(3), the amount of a year grant made to a State 

24 for a fiscal year under this subsection shall equal the 

25 higher of—
53

•S 1978 RS 

1 ‘‘(A) the amount determined by multi2 plying—

3 ‘‘(i) the amount appropriated to carry 

4 out this section for such fiscal year, by 

5 ‘‘(ii) the ratio that the funds appor6 tioned to the State under section 402 of 

7 this title for fiscal year 2003 bears to the 

8 funds apportioned to all States under such 

9 section for fiscal year 2003; or 

10 ‘‘(B) $500,000. 

11 ‘‘(d) ADDITIONAL REQUIREMENTS AND LIMITA12 TIONS.—

13 ‘‘(1) MODEL DATA ELEMENTS.—The Secretary, 

14 in consultation with States and other appropriate 

15 parties, shall determine the model data elements 

16 that are necessary for the observation and analysis 

17 of State and national trends in occurrences, rates, 

18 outcomes, and circumstances of motor vehicle traffic 

19 accidents. In order to be eligible for a grant under 

20 this section, a State shall submit to the Secretary a 

21 certification that the State has adopted and uses 

22 such model data elements. 

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

24 may be made to a State under this section in any 

25 fiscal year unless the State enters into such agree-
54

•S 1978 RS 

1 ments with the Secretary as the Secretary may re2 quire to ensure that the State will maintain its ag3 gregate expenditures from all other sources for high4 way safety data programs at or above the average 

5 level of such expenditures maintained by such State 

6 in the 2 fiscal years preceding the date of enactment 

7 of the Highway Safety Grant Program Reauthoriza8 tion Act of 2003. 

9 ‘‘(3) FEDERAL SHARE.—The Federal share of 

10 the cost of adopting and implementing in a fiscal 

11 year a State program described in subsection (a) 

12 may not exceed 80 percent. 

13 ‘‘(4) LIMITATION ON USE OF GRANT PRO14 CEEDS.—A State may use the proceeds of a grant 

15 received under this section only to implement the 

16 program described in subsection (a) for which the 

17 grant is made. 

18 ‘‘(e) APPLICABILITY OF CHAPTER 1.—Section 402(d) 

19 of this title shall apply in the administration of this sec20 tion.’’. 

21 (b) CLERICAL AMENDMENT.—The chapter analysis 

22 for chapter 4 is amended by adding at the end the fol23 lowing:

‘‘412. State traffic safety information system improvements.’’.
55

•S 1978 RS 

1 SEC. 112. NHTSA ACCOUNTABILITY. 

2 (a) IN GENERAL.—Subchapter I of chapter 301 of 

3 title 49, United States Code, is amended by adding at the 

4 end the following:

5 ‘‘§ 30106. Agency accountability. 

6 ‘‘(a) TRIENNIAL STATE MANAGEMENT REVIEWS.—

7 At least once every 3 years the National Highway Traffic 

8 Safety Administration shall conduct a review of each State 

9 highway safety program. The review shall include a man10 agement evaluation of all grant programs partially or fully 

11 funded under this title. The Administration shall provide 

12 review-based recommendations on how each State may im13 prove the management and oversight of its grant activities 

14 and may provide a management and oversight plan. 

15 ‘‘(b) RECOMMENDATIONS BEFORE SUBMISSION.—In 

16 order to provide guidance to State highway safety agencies 

17 on matters that should be addressed in the State highway 

18 safety program goals and initiatives part of its highway 

19 safety plan before the plan is submitted for review, the 

20 Administration shall provide data-based recommendations 

21 to each State at least 90 days before the date on which 

22 the plan is to be submitted for approval. 

23 ‘‘(c) STATE PROGRAM REVIEW.—The Administration 

24 shall—

25 ‘‘(1) conduct a program improvement review of 

26 any State that does not make substantial progress 
56

•S 1978 RS 

1 over a 3-year period in meeting national priority 

2 program goals; and 

3 ‘‘(2) provide technical assistance and safety 

4 program recommendations to the State for any goal 

5 not achieved. 

6 ‘‘(d) REGIONAL ADMINISTRATOR HARMONIZATION.—

7 The Administration and the Inspector General of the De8 partment of Transportation shall undertake a State grant 

9 administrative review of the practices and procedures of 

10 the management reviews and program reviews conducted 

11 by Administration regional offices and formulate a report 

12 of best practices to be completed within 180 days after 

13 the date of enactment of the Surface Transportation Safe14 ty Reauthorization Act of 2003. 

15 ‘‘(e) BEST PRACTICES GUIDELINES.—

16 ‘‘(1) UNIFORM GUIDELINES.—The Administra17 tion shall issue uniform management review and 

18 program review guidelines based on the report under 

19 subsection (d). Each regional office shall use the 

20 guidelines in executing its State administrative re21 view duties. 

22 ‘‘(2) PUBLICATION.—The Administration shall 

23 make the following documents available via the 

24 Internet upon their completion: 
57

•S 1978 RS 

1 ‘‘(A) The Administration’s management re2 view and program review guidelines. 

3 ‘‘(B) State highway safety plans. 

4 ‘‘(C) State annual accomplishment reports. 

5 ‘‘(D) The Administration’s State manage6 ment reviews. 

7 ‘‘(E) The Administration’s State program 

8 improvement plans. 

9 ‘‘(3) REPORTS TO STATE HIGHWAY SAFETY

10 AGENCIES.—The Administration may not make a 

11 plan, report, or review available under paragraph (2) 

12 that is directed to a State highway safety agency 

13 until after it has been submitted to that agency.’’. 

14 (b) CONFORMING AMENDMENT.—The chapter anal15 ysis for chapter 301 of title 49, United States Code, is 

16 amended by inserting after the item relating to section 

17 30105 the following:

‘‘30106. Agency accountability.’’.

18 SEC. 113. EFFECTIVE DATES. 

19 (a) IN GENERAL.—Except as provided in subsection 

20 (b), this subtitle and the amendments made by this sub21 title shall take effect on October 1, 2003. 

22 (b) EXCEPTION.—Section 112 shall take effect on the 

23 date of the enactment of this Act. 
58

•S 1978 RS 

1 Subtitle B—Specific Vehicle Safety2 Related Rulings 

3 SEC. 151. AMENDMENT OF TITLE 49, UNITED STATES CODE. 

4 Except as otherwise specifically provided, whenever in 

5 this subtitle an amendment is expressed in terms of an 

6 amendment to a section or other provision of law, the ref7 erence shall be considered to be made to a section or other 

8 provision of title 49, United States Code. 

9 SEC. 152. LOAD CAPACITY LABELING FOR LIGHT TRUCKS. 

10 (a) IN GENERAL.—Chapter 323 is amended by add11 ing at the end the following: 

12 ‘‘§ 32310. Load capacity of light trucks 

13 ‘‘Each manufacturer of a new light duty truck manu14 factured after September 30, 2005, and distributed in 

15 commerce for sale in the United States, shall establish 

16 each year for each model year and cause to be attached 

17 in a prominent place on each of those trucks at least 1 

18 label containing a statement of the vehicle’s maximum 

19 weight carrying capacity.’’. 

20 (b) RULEMAKING DEADLINES.—The Secretary of 

21 Transportation shall issue—

22 (1) a notice of a proposed rulemaking to estab23 lish a methodology for computing the maximum 

24 weight carrying capacity of light duty trucks re25 quired to be labeled under section 32310 of title 49, 
59

•S 1978 RS 

1 United States Code, not later than June 30, 2004; 

2 and 

3 (2) a final rule under that section not later 

4 than June 30, 2005. 

5 (c) CONFORMING AMENDMENT.—The chapter anal6 ysis for chapter 301 is amended by inserting after the item 

7 relating to section 30127 the following:

‘‘32310. Load capacity of light trucks.’’.

8 SEC. 153. VEHICLE CRASH EJECTION PREVENTION. 

9 (a) IN GENERAL.—Subchapter II of chapter 301 is 

10 amended by adding at the end the following: 

11 ‘‘§ 30128. Vehicle accident ejection protection 

12 ‘‘(a) IN GENERAL.—The Secretary shall issue a safe13 ty standard to reduce complete and partial ejection from 

14 passenger motor vehicles with a gross vehicle weight rating 

15 of up to 10,000 pounds that are involved in accidents that 

16 present a risk of occupant ejection. The reduction in such 

17 ejections shall be based on the combined ejection-mitiga18 tion capabilities of safety technologies, such as advanced 

19 side glazing, side curtains, and side impact air bags. 

20 ‘‘(b) DOOR LOCK AND RETENTION STANDARD.—The 

21 Secretary shall issue a rule to require manufacturers of 

22 new passenger motor vehicles distributed in commerce for 

23 sale in the United States to make such modifications to 

24 door locks, door latches, and retention components of 

25 doors in such vehicles as the Secretary determines to be 
60

•S 1978 RS 

1 necessary to prevent occupant ejection in vehicle acci2 dents.’’. 

3 (b) RULEMAKING DEADLINES.—

4 (1) RULEMAKING.—The Secretary of Transpor5 tation shall issue—

6 (A) a notice of a proposed rulemaking 

7 under section 30128 of title 49, United States 

8 Code, not later than June 30, 2005; and 

9 (B) a final rule under that section not 

10 later than June 30, 2006. 

11 (2) EFFECTIVE DATE OF REQUIREMENTS.—

12 Any requirement imposed under the final rule issued 

13 under paragraph (1) shall become fully effective no 

14 later than December 31, 2008. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Secretary of 

17 Transportation $500,000 for each of fiscal years 2004 and 

18 2005 to promulgate rules under section 30128 of title 49, 

19 United States Code. 

20 (d) CONFORMING AMENDMENT.—The chapter anal21 ysis for chapter 301 is amended by inserting after the item 

22 relating to section 30127 the following:

‘‘30128. Vehicle accident ejection protection.’’.
61

•S 1978 RS 

1 SEC. 154. VEHICLE BACKOVER AVOIDANCE TECHNOLOGY 

2 STUDY. 

3 (a) IN GENERAL.—The Administrator of the Na4 tional Highway Traffic Safety Administration shall con5 duct a study of effective methods for reducing the inci6 dence of injury and death outside of parked vehicles attrib7 utable to movement of the parked vehicle. The Adminis8 trator shall complete the study within 1 year after the date 

9 of enactment of this Act and report its findings to the 

10 Senate Committee on Commerce, Science, and Transpor11 tation and the House of Representatives Committee on 

12 Energy and Commerce no later than December 31, 2005. 

13 (b) SPECIFIC ISSUES TO BE COVERED.—The study 

14 required by subsection (a) shall—

15 (1) include an analysis of backover prevention 

16 technology; 

17 (2) identify, evaluate, and compare the available 

18 technologies for detecting people or objects behind a 

19 motor vehicle for their accuracy, effectiveness, cost, 

20 and feasibility for installation; 

21 (3) provide an estimate of cost savings that 

22 would result from widespread use of backover pre23 vention devices and technologies, including savings 

24 attributable to the prevention of—

25 (A) injuries and fatalities; and 
62

•S 1978 RS 

1 (B) damage to bumpers and other car 

2 parts and damage to other objects.

3 SEC. 155. VEHICLE BACKOVER DATA COLLECTION. 

4 In conjunction with the directives in section 154, the 

5 National Highway Traffic Safety Administration may es6 tablish a method to collect and maintain data on the num7 ber and types of injuries and deaths involving motor vehi8 cles in non-traffic, non-accident incidents to assist in the 

9 analysis regarding the inclusion of backover prevention 

10 technologies in vehicles. 

11 SEC. 156. AGGRESSIVITY AND INCOMPATIBILITY REDUC12 TION STANDARD. 

13 (a) IN GENERAL.—Subchapter II of chapter 301, as 

14 amended by section 153, is amended by adding at the end 

15 the following: 

16 ‘‘§ 30129. Vehicle compatibility and aggressivity re17 duction standard 

18 ‘‘(a) IN GENERAL.—The Secretary of Transpor19 tation, through the National Highway Traffic Safety Ad20 ministration, shall issue safety regulations to reduce vehi21 cle incompatibility and aggressivity for passenger vehicles 

22 and non-passenger vehicles. The regulations shall address 

23 bumper height, weight, and any other characteristics nec24 essary to ensure better management of crash forces in 

25 multiple vehicle frontal and side impact crashes between 
63

•S 1978 RS 

1 different types, sizes, and weights of passenger vehicles 

2 with a gross vehicle weight of 10,000 pounds or less in 

3 order to decrease occupant deaths and injuries. 

4 ‘‘(b) STANDARDS.—The Secretary, through the Ad5 ministration, shall develop a standard rating metric to 

6 evaluate compatibility and aggressivity among passenger 

7 motor vehicles. 

8 ‘‘(c) PUBLIC INFORMATION.—The Secretary, through 

9 the Administration, shall create a public information pro10 gram that includes vehicle rating based on risks to occu11 pants, risks to other motorists, and combined risks by ve12 hicle make and model.’’. 

13 (b) RULEMAKING DEADLINES.—

14 (1) RULEMAKING.—The Secretary of Transpor15 tation shall issue—

16 (A) a notice of a proposed rulemaking 

17 under section 30129 of title 49, United States 

18 Code, not later than January 31, 2006; and 

19 (B) a final rule under that section not 

20 later than December 31, 2007. 

21 (2) EFFECTIVE DATE OF REQUIREMENTS.—

22 Any requirement imposed under the final rule issued 

23 under paragraph (1) shall become fully effective no 

24 later than December 31, 2009. 
64

•S 1978 RS 

1 (c) CONFORMING AMENDMENT.—The chapter anal2 ysis for chapter 301 is amended by inserting after the item 

3 relating to section 30128 the following:

‘‘30129. Vehicle compatibility and aggressivity reduction standard.’’.

4 SEC. 157. IMPROVED CRASHWORTHINESS. 

5 (a) IMPROVED CRASHWORTHINESS.—Subchapter II 

6 of chapter 301, as amended by section 156, is amended 

7 by adding at the end the following: 

8 ‘‘§ 30130. Improved crashworthiness of passenger 

9 motor vehicles 

10 ‘‘(a) ROLLOVERS.—

11 ‘‘(1) IN GENERAL.—The Secretary of Transpor12 tation, through the National Highway Traffic Safety 

13 Administration, shall prescribe a motor vehicle safe14 ty standard under this chapter for rollover crash15 worthiness standards for passenger motor vehicles 

16 with a gross vehicle weight of not more than 10,000 

17 pounds, using a roof strength standard based on dy18 namic tests that realistically duplicate the actual 

19 forces transmitted to a motor vehicle during an on20 roof rollover crash, that includes—

21 ‘‘(A) dynamic roof crush standards; 

22 ‘‘(B) improved seat structure and safety 

23 belt design, including seat belt pretensioners 

24 and load limiters; 
65

•S 1978 RS 

1 ‘‘(C) side impact head protection airbags; 

2 and 

3 ‘‘(D) roof injury protection measures. 

4 ‘‘(2) ROLLOVER RESISTANCE STANDARD.—The 

5 Secretary, through the Administration, shall pre6 scribe a rollover prevention standard under this 

7 chapter that includes improvements on the basic de8 sign characteristics of passenger motor vehicles to 

9 increase their resistance to roll over. The Secretary 

10 shall also require additional technologies to improve 

11 the handling of passenger motor vehicles and there12 by reduce the likelihood of vehicle instability and 

13 rollovers. 

14 ‘‘(b) FRONTAL IMPACT STANDARDS AND CRASH

15 TESTS.—

16 ‘‘(1) IN GENERAL.—The Secretary, through the 

17 Administration, shall prescribe a motor vehicle safe18 ty standard under this chapter to improve the pro19 tection afforded to occupants in frontal impact 

20 crashes involving passenger motor vehicles with a 

21 gross vehicle weight of not more than 10,000 

22 pounds. 

23 ‘‘(2) TEST METHODOLOGY.—In prescribing the 

24 standard under paragraph (1), the Secretary shall—
66

•S 1978 RS 

1 ‘‘(A) evaluate additional test barriers and 

2 measurements of occupant head impact and 

3 neck injuries; and 

4 ‘‘(B) review frontal impact criteria, includ5 ing consideration of criteria established by the 

6 Insurance Institute for Highway Safety.

7 ‘‘(c) SIDE IMPACT STANDARDS AND CRASH TESTS.—

8 ‘‘(1) IN GENERAL.—The Secretary, through the 

9 Administration, shall prescribe a motor vehicle safe10 ty standard under this chapter to improve the pro11 tection afforded to occupants in side impact crashes 

12 involving passenger motor vehicles with a gross vehi13 cle weight of not more than 10,000 pounds. 

14 ‘‘(2) TEST METHODOLOGY.—In prescribing the 

15 standard under paragraph (1), the Secretary shall—

16 ‘‘(A) evaluate additional test barriers and 

17 measurements of occupant head impact and 

18 neck injuries; 

19 ‘‘(B) consider the need for additional and 

20 new crash test dummies that represent the full 

21 range of occupant sizes and weights; and 

22 ‘‘(C) review side impact criteria, including 

23 consideration of criteria established by the In24 surance Institute for Highway Safety.’’. 

25 (b) RULEMAKING DEADLINES.—
67

•S 1978 RS 

1 (1) RULEMAKING.—The Secretary of Transpor2 tation shall—

3 (A) issue a notice of a proposed rule4 making under section 30130 of title 49, United 

5 States Code, not later than March 31, 2004; 

6 and 

7 (B) issue a final rule not later than March 

8 31, 2006. 

9 (2) EFFECTIVE DATE OF REQUIREMENTS.—The 

10 Secretary shall phase-in any requirements imposed 

11 under a final rule issued under paragraph (1) begin12 ning no sooner than 1 year, for a rule under section 

13 30130(a), and no sooner than 2 years, for a rule 

14 under section 30130(b) or (c). No sooner than 4 

15 years after the date of publication of the final rule 

16 and no later than 54 months after that date, the 

17 Secretary shall begin a phase-in of the test proce18 dures and guidelines for measuring injury risk to the 

19 abdomen and thorax of occupants of vehicles to 

20 which the rule applies. 

21 (c) CONFORMING AMENDMENT.—The chapter anal22 ysis for chapter 301 is amended by inserting after the item 

23 relating to section 30129 the following:

‘‘30130. Improved crashworthiness of passenger motor vehicles.’’.
68

•S 1978 RS 

1 SEC. 158. 15-PASSENGER VANS. 

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

3 shall initiate a rulemaking and issue a final regulation no 

4 later than September 31, 2004, to include 15-passenger 

5 vans and passenger motor vehicles with a gross vehicle 

6 weight of up to 10,000 pounds in the National Highway 

7 Traffic Safety Administration’s dynamic rollover testing 

8 program and require such passenger motor vehicles, in9 cluding 15-passenger vans with a gross vehicle weight of 

10 up to 10,000 pounds to comply with all existing and pro11 spective Federal Motor Vehicle Safety Standards for occu12 pant protection and vehicle crash avoidance. 

13 (b) NEW CAR ASSESSMENT PROGRAM.—The Sec14 retary shall initiate a rulemaking and issue a final regula15 tion no later than September 31, 2004, to include pas16 senger motor vehicles with a gross vehicle weight of up 

17 to 10,000 pounds, including 15-passenger vans under var18 ious load conditions, in the Administration’s New Car As19 sessment Program rollover resistance program. 

20 (c) VEHICLE CONTROL TECHNOLOGY FOR 15-PAS21 SENGER VANS.—The National Highway Traffic Safety 

22 Administration shall evaluate, in conjunction with manu23 facturers, and test the potential of technological systems, 

24 particularly electronic stability control systems and rear25 view mirror-based rollover warning systems, to assist driv-
69

•S 1978 RS 

1 ers in maintaining control of 15-passenger vans with a 

2 gross vehicle weight of up to 10,000 pounds. 

3 SEC. 159. TIRES. 

4 (a) ANTICIPATORY TIRE REPLACEMENT.—Section 

5 30120(b) is amended by adding at the end the following: 

6 ‘‘(3) REIMBURSEMENT FOR TIRES REPLACED

7 BEFORE REPLACEMENT NOTIFICATION IS RE8 CEIVED.—A manufacturer, through its remedy pro9 gram, shall include a plan for reimbursing an owner 

10 or purchaser who incurred the cost of the remedy in 

11 advance of the manufacturer’s notification under 

12 subsection (b) or (c) of section 30118 up to 6 

13 months after the last defect notice is mailed to own14 ers.’’. 

15 (b) MORE SAFETY PERFORMANCE CRITERIA.—

16 (1) UPGRADE STANDARD.—No later than June 

17 1, 2005, the Secretary of Transportation shall issue 

18 a final rule to upgrade Federal Motor Vehicle Safety 

19 Standard 139 (new pneumatic radial tires for light 

20 vehicles), to take effect June 1, 2007, to include 

21 safety performance criteria not addressed in the 

22 June 2003 final rule mandated by the Transpor23 tation Recall Enhancement, Accountability, and 

24 Documentation Act of 2000 to improve the following 

25 safety performance criteria for light vehicle tires: 
70

•S 1978 RS 

1 (A) Strength and road hazard protection. 

2 (B) Resistance to bead unseating and 

3 aging. 

4 (2) TECHNOLOGY USE AND REPORT.—The Sec5 retary shall reconsider the use of shearography anal6 ysis, on a sampling basis, for regulatory compliance 

7 and the National Highway Traffic Safety Adminis8 tration shall report to Congress on the most cost ef9 fective methods of using such technology. 

10 SEC. 160. SAFETY BELT USE REMINDERS. 

11 (a) NOTICE OF PROPOSED RULES TO ENCOURAGE

12 MORE SEAT BELT USE.—No later than 12 months after 

13 the date of enactment of this Act, the Secretary of Trans14 portation shall issue a Notice of Proposed Rulemaking to 

15 amend the Federal Motor Vehicle Safety Standard No. 

16 208 for passenger cars, multipurpose passenger vehicles, 

17 and trucks with a gross vehicle weight of less than 10,000 

18 pounds to encourage increased seat belt usage by drivers 

19 and right outboard front seat passengers. The proposed 

20 rule shall address the potential safety benefits and public 

21 acceptability of alternative means to encourage increased 

22 seat belt usage, including intermittent or continuous audi23 ble or visual reminders when a driver or right outboard 

24 front seat passenger is not wearing a seat belt, features 

25 to prevent operation of convenience or entertainment fea-
71

•S 1978 RS 

1 tures of the vehicle when a driver or right outboard front 

2 seat passenger is not wearing a seat belt, and any other 

3 seat belt use, including but not limited to technology iden4 tified by the National Academy of Sciences in its study 

5 of the potential benefits of seat belt usage reminder tech6 nologies. 

7 (b) FINAL RULE.—No later than 24 months after the 

8 date of enactment of this Act, the Secretary shall issue 

9 the final rule required by subsection (a). If the Secretary 

10 decides to amend Federal Motor Vehicle Safety Standard

11 No. 208 to require new vehicles to provide seat belt use12 encouraging technologies, any audible reminder permitted 

13 by the standard shall be differentiated by some means 

14 from the audible signal that operates only during the 8-

15 second period after the ignition is turned to the ‘‘start’’ 

16 or ‘‘on’’ position. 

17 SEC. 161. MISSED DEADLINES REPORTS. 

18 (a) IN GENERAL.—If the Secretary of Transportation 

19 fails to meet any rulemaking deadline established in this 

20 subtitle, the Secretary shall transmit a report to the Sen21 ate Committee on Commerce, Science, and Transportation 

22 and the House of Representatives Committee on Trans23 portation and Infrastructure within 90 days after missing 

24 the deadline—
72

•S 1978 RS 

1 (1) explaining why the Secretary failed to meet 

2 the deadline; and 

3 (2) setting forth a date by which the Secretary 

4 anticipates that the rulemaking will be made. 

5 (b) CONSIDERATION OF EFFECTS.—The Secretary of 

6 Transportation shall consider the potential consequences, 

7 in terms of the number of deaths and the number and 

8 severity of injuries, that may result from not meeting any 

9 such deadline. 

10 SEC. 162. GRANTS FOR IMPROVING CHILD PASSENGER 

11 SAFETY PROGRAMS. 

12 (a) IN GENERAL.—Chapter 4 of title 23, United 

13 States Code, as amended by section 111 of this Act, is 

14 amended by adding at the end the following: 

15 ‘‘§ 413. Booster seat incentive grants 

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

17 shall make a grant under this section to any eligible State. 

18 ‘‘(b) ELIGIBILITY REQUIREMENTS.—

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

20 grant to each State that, as determined by the Sec21 retary, enacts or has enacted, and is enforcing a law 

22 requiring that children riding in passenger motor ve23 hicles (as defined in section 405(f)(5)) who are too 

24 large to be secured in a child safety seat (as defined 

25 in section 405(f)(1)) be secured in a child restraint 
73

•S 1978 RS 

1 (as defined in section 7(1) of Anton’s Law (49 

2 U.S.C. 30127 note)) that meets requirements pre3 scribed by the Secretary under section 3 of Anton’s 

4 Law. 

5 ‘‘(2) YEAR IN WHICH FIRST ELIGIBLE.—

6 ‘‘(A) EARLY QUALIFICATION.—A State 

7 that has enacted a law described in paragraph 

8 (1) that is in effect before October 1, 2005, is 

9 first eligible to receive a grant under subsection 

10 (a) in fiscal year 2006. 

11 ‘‘(B) SUBSEQUENT QUALIFICATION.—A 

12 State that enacts a law described in paragraph 

13 (1) that takes effect after September 30, 2005, 

14 is first eligible to receive a grant under sub15 section (a) in the first fiscal year beginning 

16 after the date on which the law is enacted. 

17 ‘‘(3) CONTINUING ELIGIBILITY.—A State that 

18 is eligible under paragraph (1) to receive a grant 

19 may receive a grant during each fiscal year listed in 

20 subsection (f) in which it is eligible. 

21 ‘‘(4) MAXIMUM NUMBER OF GRANTS.—A State 

22 may not receive more than 4 grants under this sec23 tion. 
74

•S 1978 RS 

1 ‘‘(c) GRANT AMOUNT.—Amounts available for grants 

2 under this section in any fiscal year shall be apportioned 

3 among the eligible States on the basis of population. 

4 ‘‘(d) USE OF GRANT AMOUNTS.—

5 ‘‘(1) IN GENERAL.—Of the amounts received by 

6 a State under this section for any fiscal year—

7 ‘‘(A) 50 percent shall be used for the en8 forcement of, and education to promote public 

9 awareness of, State child passenger protection 

10 laws; and 

11 ‘‘(B) 50 percent shall be used to fund pro12 grams that purchase and distribute child boost13 er seats, child safety seats, and other appro14 priate passenger motor vehicle child restraints 

15 to indigent families without charge. 

16 ‘‘(2) REPORT.—Within 60 days after the State 

17 fiscal year in which a State receives a grant under 

18 this section, the State shall transmit to the Sec19 retary a report documenting the manner in which 

20 grant amounts were obligated or expended and iden21 tifying the specific programs supported by grant 

22 funds. The report shall be in a form prescribed by 

23 the Secretary and may be combined with other State 

24 grant reporting requirements under this chapter. 
75

•S 1978 RS 

1 ‘‘(e) ADMINISTRATIVE EXPENSES.—Not more than 

2 2.5 percent of the amount appropriated to carry out this 

3 section for any fiscal year may be obligated or expended 

4 for administrative expenses. 

5 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary of 

7 Transportation, out of the Highway Trust Fund—

8 ‘‘(1) $18,000,000 for fiscal year 2006; 

9 ‘‘(2) $20,000,000 for fiscal year 2007; 

10 ‘‘(3) $25,000,000 for fiscal year 2008; and 

11 ‘‘(4) $30,000,000 for fiscal year 2009.’’. 

12 (b) CLERICAL AMENDMENT.—The chapter analysis 

13 for chapter 4 of title 23, United States Code, is amended 

14 by inserting after the item relating to section 411 the fol15 lowing:

‘‘413. Booster seat incentive grants.’’.

16 SEC. 163. BUS CRASH TESTING. 

17 (a) IN GENERAL.—The Secretary of Transportation 

18 shall issue a rule to create test methodology and conduct 

19 motorcoach crash testing. The test shall include—

20 (1) means to evaluate the effectiveness of pas21 senger restraint systems in the event of a motor22 coach crash; and 

23 (2) means to evaluate and compare the per24 formance of ‘‘pop-out’’ windows and fixed windows 
76

•S 1978 RS 

1 in protecting motorcoach occupants in the event of 

2 a crash. 

3 (b) RULEMAKING.—The Secretary of Transportation 

4 shall issue—

5 (1) a notice of a proposed rulemaking under 

6 subsection (a) not later than January 31, 2008; and 

7 (2) a final rule under that subsection not later 

8 than December 31, 2009. 

9 SEC. 164. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated to the Sec11 retary of Transportation to carry out this subtitle and sec12 tions 30128, 30129, 30130, 30131, and 30171 of title 49, 

13 United States Code—

14 (1) $130,500,000 for fiscal year 2004;

15 (2) $133,500,000 for fiscal year 2005; 

16 (3) $133,600,000 for fiscal year 2006; 

17 (4) $134,500,000 for fiscal year 2007; 

18 (5) $138,000,000 for fiscal year 2008; and 

19 (6) $141,000,000 for fiscal year 2009. 
77

•S 1978 RS 

1 TITLE II—MOTOR CARRIER 

2 SAFETY AND UNIFIED CAR3 RIER REGISTRATION 

4 SEC. 201. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED 

5 STATES CODE 

6 (a) SHORT TITLE.—This title may be cited as the 

7 ‘‘Motor Carrier Safety Reauthorization Act of 2003’’. 

8 (b) AMENDMENT OF TITLE 49, UNITED STATES

9 CODE.—Except as otherwise specifically provided, when10 ever in this title an amendment is expressed in terms of 

11 an amendment to a section or other provision of law, the 

12 reference shall be considered to be made to a section or 

13 other provision of title 49, United States Code. 

14 SEC. 202. REQUIRED COMPLETION OF OVERDUE REPORTS, 

15 STUDIES, AND RULEMAKINGS. 

16 (a) REQUIREMENT FOR COMPLETION.—By no later 

17 than 36 months after the date of enactment of this Act, 

18 the Secretary of Transportation shall complete all reports, 

19 studies, and rulemaking proceedings to issue regulations 

20 which Congress directed the Secretary to complete in pre21 vious laws and which are not yet completed, including: 

22 (1) Commercial Vehicle Driver Biometric Iden23 tifier, section 9105, Truck and Bus Safety and Reg24 ulatory Reform Act of 1988. 
78

•S 1978 RS 

1 (2) General Transportation of HAZMAT, sec2 tion 8(b), Hazardous Materials Transportation Uni3 form Safety Act of 1990. 

4 (3) Nationally Uniform System of Permits for 

5 Interstate Motor Carrier Transport of HAZMAT, 

6 section 22, Hazardous Materials Transportation 

7 Uniform Safety Act of 1990. 

8 (4) Training for Entry-Level Drivers of Com9 mercial Motor Vehicles, section 4007 (a), Intermodal 

10 Surface Transportation Efficiency Act of 1991. 

11 (5) Minimum Training Requirements for Oper12 ators and for Training Instructors of Multiple Trail13 er Combination Vehicles, section 4007(b)(2), Inter14 modal Surface Transportation Efficiency Act of 

15 1991. 

16 (6) Railroad-Highway Grade Crossing Safety, 

17 section 112, Hazardous Materials Transportation 

18 Authorization Act of 1994. 

19 (7) Safety Performance History of New Driv20 ers, section 114, Hazardous Materials Transpor21 tation Authorization Act of 1994. 

22 (8) Motor Carrier Replacement Information 

23 and Registration System, section 103, Interstate 

24 Commerce Commission Termination Act of 1995. 
79

•S 1978 RS 

1 (9) General Jurisdiction Over Freight For2 warder Service, section 13531, Interstate Commerce 

3 Commission Termination Act of 1995. 

4 (10) Waivers, Exemptions, and Pilot Programs, 

5 section 4007, Transportation Equity Act for the 

6 Twenty-First Century. 

7 (11) Safety Performance History of New Driv8 ers, section 4014, Transportation Equity Act for the 

9 Twenty-First Century. 

10 (12) Performance-based CDL Testing, section 

11 4019, Transportation Equity Act for the Twenty12 First Century. 

13 (13) Post-Accident Alcohol Testing, section 

14 4020, Transportation Equity Act for the Twenty15 First Century. 

16 (14) Improved Flow of Driver History Pilot 

17 Program, section 4022, Transportation Equity Act 

18 for the Twenty-First Century. 

19 (15) Employee Protections, section 4023, 

20 Transportation Equity Act for the Twenty-First 

21 Century. 

22 (16) Improved Interstate School Bus Safety, 

23 section 4024, Transportation Equity Act for the 

24 Twenty-First Century. 
80

•S 1978 RS 

1 (17) DOT Implementation Plan, section 4026, 

2 Transportation Equity Act for the Twenty-First 

3 Century. 

4 (18) Effects of MCSAP Grant Reductions, sec5 tion 4032, Transportation Equity Act for the Twen6 ty-First Century. 

7 (19) Study of Whether Compliance with section 

8 1252.209-70 of Title 48 is Sufficient to Avoid Con9 flicts of Interest in Contracts for Research, section 

10 101, Motor Carrier Safety Improvement Act of 

11 1999. 

12 (20) Federal Motor Carrier Safety Administra13 tion 2010 Strategy, Sec. 104, Motor Carrier Safety 

14 Improvement Act of 1999. 

15 (21) New Motor Carrier Entrant Requirements, 

16 section 210, Motor Carrier Safety Improvement Act 

17 of 1999. 

18 (22) Certified Motor Carrier Safety Auditors, 

19 section 211, Motor Carrier Safety Improvement Act 

20 of 1999. 

21 (23) Commercial Van Operations Transporting 

22 Nine to Fifteen Passengers, section 212, Motor Car23 rier Safety Improvement Act of 1999. 

24 (24) Medical Certificate, section 215, Motor 

25 Carrier Safety Improvement Act of 1999. 
81

•S 1978 RS 

1 (25) Report on Any Pilots Undertaken to De2 velop Innovative Methods of Improving Motor Car3 rier Compliance with Traffic Laws, section 220, 

4 Motor Carrier Safety Improvement Act of 1999. 

5 (26) Status Report on the Implementation of 

6 Electronic Transmission of Data State-to-State on 

7 Convictions for All Motor Vehicle Control Law Vio8 lations for CDL Holders, section 220, Motor Carrier 

9 Safety Improvement Act of 1999. 

10 (27) Assessment of Civil Penalties, section 222, 

11 Motor Carrier Safety Improvement Act of 1999. 

12 (28) Status Report on the Department of 

13 Transportation’s Goal of Reducing Motor Carrier 

14 Fatalities by 50 Percent by the Year 2009, section 

15 223, Motor Carrier Safety Improvement Act of 

16 1999. 

17 (29) Truck Crash Causation Study, section 

18 224, Motor Carrier Safety Improvement Act of 

19 1999; 

20 (30) Drug Test Results Study, section 226, 

21 Motor Carrier Safety Improvement Act of 1999. 

22 (b) FINAL RULE REQUIRED.—Unless specifically 

23 permitted by law, rulemaking proceedings shall be consid24 ered completed for purposes of this section only when the 
82

•S 1978 RS 

1 Secretary has issued a final rule and the docket for the 

2 rulemaking proceeding is closed. 

3 (c) SCHEDULE FOR COMPLETION.—No fewer than 

4 one-third of the reports, studies, and rulemaking pro5 ceedings in subsection (a) shall be completed every 12 

6 months after the date of enactment of this Act. The In7 spector General of the Department of Transportation shall 

8 make an annual determination as to whether this schedule 

9 has been met. 

10 (d) FAILURE TO COMPLY.—If the Secretary fails to 

11 complete the required number of reports, studies, and 

12 rulemaking proceedings according to the schedule set forth 

13 in subsection (c) during any fiscal year, the Secretary shall 

14 allocate to the States $3,000,000 from the amount author15 ized by section 31104(i)(1) of title 49, United States Code, 

16 for administrative expenses of the Federal Motor Carrier 

17 Safety Administration to conduct additional compliance 

18 reviews under section 31102 of that title instead of obli19 gating or expending such amount for those administrative 

20 expenses. 

21 (e) AMENDMENTS TO THE LISTED REPORTS, STUD22 IES, AND RULEMAKING PROCEEDINGS.—In addition to 

23 completing the reports, studies and rulemaking pro24 ceedings listed in subsection (c), the Secretary shall—
83

•S 1978 RS 

1 (1) amend the Interim Final Rule addressing 

2 New Motor Carrier Entrant Requirements to require 

3 that a safety audit be immediately converted to a 

4 compliance review and appropriate enforcement ac5 tions be taken if the safety audit discloses acute 

6 safety violations by the new entrant; and 

7 (2) eliminate a proposed provision in the rule8 making proceeding addressing Commercial Van Op9 erations Transporting Nine to Fifteen Passengers 

10 which exempts commercial van operations that oper11 ate within a 75-mile radius. 

12 (f) COMPLETION OF NEW RULEMAKING PRO13 CEEDINGS.—Nothing in this section delays or changes the 

14 deadlines specified for new reports, studies, or rulemaking 

15 mandates contained in this Act. 

16 (g) REPORT OF OTHER AGENCY ACTIONS.—Within 

17 12 months after the date of enactment of this Act, the 

18 Secretary shall submit to the Senate Committee on Com19 merce, Science, and Transportation and to the House 

20 Committee on Transportation and Infrastructure a report 

21 on the status of the following projects: 

22 (1) Rescinding the current regulation which 

23 prohibits truck and bus drivers from viewing tele24 vision and monitor screens while operating commer25 cial vehicles. 
84

•S 1978 RS 

1 (2) Incorporating Out-Of-Service Criteria regu2 lations enforced by the Federal Motor Carrier Safety 

3 Administration. 

4 (3) Revision of the safety fitness rating system 

5 of motor carriers. 

6 (4) Amendment of Federal Motor Carrier Safe7 ty Administration rules of practice for conducting 

8 motor carrier administrative proceedings, investiga9 tions, disqualifications, and for issuing penalties. 

10 (5) Requiring commercial drivers to have a suf11 ficient functional speaking and reading comprehen12 sion of the English language. 

13 (6) Inspection, repair and maintenance of inter14 modal container chassis and trailers. 

15 SEC. 203. CONTRACT AUTHORITY. 

16 Authorizations from the Highway Trust Fund (other 

17 than the Mass Transit Account) to carry out this title 

18 shall be available for obligation on the date of their appor19 tionment or allocation or on October 1 of the fiscal year 

20 for which they are authorized, whichever occurs first. Ap21 proval by the Secretary of a grant with funds made avail22 able under this title imposes upon the United States Gov23 ernment a contractual obligation for payment of the Gov24 ernment’s share of costs incurred in carrying out the ob25 jectives of the grant. 
85

•S 1978 RS 

1 Subtitle A—Motor Carrier Safety 

2 SEC. 221. MINIMUM GUARANTEE. 

3 There are authorized to be appropriated from the 

4 Highway Trust Fund (other than the Mass Transit Ac5 count) not less than 1.21 percent of the total amounts 

6 made available in any fiscal year from the Highway Trust 

7 Fund for purposes of this title. 

8 SEC. 222. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) ADMINISTRATIVE EXPENSES.—Section 31104 is 

10 amended by adding at the end the following: 

11 ‘‘(i) ADMINISTRATIVE EXPENSES.—

12 ‘‘(1) There are authorized to be appropriated 

13 from the Highway Trust Fund (other than the Mass 

14 Transit Account) for the Secretary of Transpor15 tation to pay administrative expenses of the Federal 

16 Motor Carrier Safety Administration— 

17 ‘‘(A) $202,900,000 for fiscal year 2004; 

18 ‘‘(B) $206,200,000 for fiscal year 2005; 

19 ‘‘(C) $211,400,000 for fiscal year 2006; 

20 ‘‘(D) $217,500,000 for fiscal year 2007; 

21 ‘‘(E) $222,600,000 for fiscal year 2008; 

22 and 

23 ‘‘(F) $253,500,000 for fiscal year 2009. 

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

25 shall be used for personnel costs; administrative in-
86

•S 1978 RS 

1 frastructure; rent; information technology; programs 

2 for research and technology, information manage3 ment, regulatory development (including a medical 

4 review board and rules for medical examiners), per5 formance and registration information system man6 agement, and outreach and education; other oper7 ating expenses and similar matters; and such other 

8 expenses as may from time to time become necessary 

9 to implement statutory mandates not funded from 

10 other sources. 

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

12 section shall remain available until expended. 

13 ‘‘(4) Of the funds authorized by paragraph (1), 

14 $6,750,000 in each of fiscal years 2004 through 

15 2009 shall be used to carry out the medical program 

16 under section 31149.’’.

17 (b) AMENDMENT TO APPORTIONMENT PROVISION OF

18 TITLE 23.—Section 104(a) of title 23, United States 

19 Code, is amended—

20 (1) by striking ‘‘exceed—’’ and so much of sub21 paragraph (A) as precedes clause (i) and inserting 

‘‘exceed 11 22 ⁄6 percent of all sums so made available, 

23 as the Secretary determines necessary—’’; 

24 (2) by redesignating clause (i) and (ii) of sub25 paragraph (A) as subparagraphs (A) and (B), and 
87

•S 1978 RS 

1 indenting such clauses, as so redesignated, 2 em 

2 spaces; and 

3 (3) by striking ‘‘system; and’’ in subparagraph 

4 (B) as so redesignated, and all that follows through 

5 ‘‘research.’’ and inserting ‘‘system.’’. 

6 (c) GRANT PROGRAMS.—There are authorized to be 

7 appropriated from the Highway Trust Fund (other than 

8 the Mass Transit Account) for the following Federal 

9 Motor Carrier Safety Administration programs: 

10 (1) Border enforcement grants under section 

11 31107 of title 49, United States Code— 

12 (A) $ 32,000,000 for fiscal year 2004; 

13 (B) $ 33,000,000 for fiscal year 2005; 

14 (C) $ 33,000,000 for fiscal year 2006; 

15 (D) $ 34,000,000 for fiscal year 2007; 

16 (E) $ 35,000,000 for fiscal year 2008; and 

17 (F) $ 36,000,000 for fiscal year 2009. 

18 (2) Performance and registration information 

19 system management grant program under 31109 of 

20 title 49, United States Code— 

21 (A) $4,000,000 for fiscal year 2004; 

22 (B) $4,000,000 for fiscal year 2005; 

23 (C) $4,000,000 for fiscal year 2006; 

24 (D) $4,000,000 for fiscal year 2007; 

25 (E) $4,000,000 for fiscal year 2008; and 
88

•S 1978 RS 

1 (F) $4,000,000 for fiscal year 2009. 

2 (3) Commercial driver’s license and driver im3 provement program grants under section 31318 of 

4 title 49, United States Code— 

5 (A) $22,000,000 for fiscal year 2004; 

6 (B) $22,000,000 for fiscal year 2005; 

7 (C) $23,000,000 for fiscal year 2006; 

8 (D) $23,000,000 for fiscal year 2007; 

9 (E) $24,000,000 for fiscal year 2008; and 

10 (F) $25,000,000 for fiscal year 2009. 

11 (4) Deployment of the Commercial Vehicle In12 formations Systems and Networks established under 

13 section 241 of this title, $25,000,000 for each of fis14 cal years 2004 through 2007. 

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

16 available under subsection (c) of this section shall remain 

17 available until expended. 

18 SEC. 223. MOTOR CARRIER SAFETY GRANTS. 

19 (a) MOTOR CARRIER SAFETY ASSISTANCE PRO20 GRAM.—

21 (1) Section 31102 is amended— 

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

23 2000;’’ in subsection (b)(1)(A) and inserting 

24 ‘‘activities for commercial motor vehicles of pas25 sengers and freight;’’; 
89

•S 1978 RS 

1 (B) by striking ‘‘years before December 

2 18, 1991;’’ in subsection (b)(1)(E) and insert3 ing ‘‘years’’; 

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

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

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

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

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

9 the following: 

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

11 of passengers are conducted at stations, terminals, 

12 border crossings, or maintenance facilities, except in 

13 the case of an imminent or obvious safety hazard; 

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

15 training manual for the licensing examination to 

16 drive a non-commercial motor vehicle and a commer17 cial motor vehicle, information on best practices for 

18 driving safely in the vicinity of commercial motor ve19 hicles and in the vicinity of non-commercial vehicles, 

20 respectively; and 

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

22 registration requirements of section 13902 by sus23 pending the operation of any vehicle discovered to be 

24 operating without registration or beyond the scope of 

25 its registration.’’; and 
90

•S 1978 RS 

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

2 the following: 

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

4 A State may use amounts received under a grant under 

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

6 ‘‘(1) If the activities are carried out in conjunc7 tion with an appropriate inspection of the commer8 cial motor vehicle to enforce Government or State 

9 commercial motor vehicle safety regulations—

10 ‘‘(A) enforcement of commercial motor ve11 hicle size and weight limitations at locations 

12 other than fixed weight facilities, at specific lo13 cations such as steep grades or mountainous 

14 terrains where the weight of a commercial 

15 motor vehicle can significantly affect the safe 

16 operation of the vehicle, or at ports where inter17 modal shipping containers enter and leave the 

18 United States; and 

19 ‘‘(B) detection of the unlawful presence of 

20 a controlled substance (as defined under section 

21 102 of the Comprehensive Drug Abuse Preven22 tion and Control Act of 1970 (21 U.S.C. 802)) 

23 in a commercial motor vehicle or on the person 

24 of any occupant (including the operator) of the 

25 vehicle. 
91

•S 1978 RS 

1 ‘‘(2) Documented enforcement of State traffic 

2 laws and regulations designed to promote the safe 

3 operation of commercial motor vehicles, including 

4 documented enforcement of such laws and regula5 tions against non-commercial motor vehicles when 

6 necessary to promote the safe operation of commer7 cial motor vehicles.’’. 

8 (2) Section 31103(b) is amended—

9 (1) by inserting ‘‘(1)’’ after ‘‘ACTIVITIES.—’’; 

10 and 

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

12 ‘‘(2) NEW ENTRANT MOTOR CARRIER AUDIT

13 FUNDS.—From the amounts designated under sec14 tion 31104(f)(4), the Secretary may allocate new en15 trant motor carrier audit funds to States and local 

16 governments without requiring a matching contribu17 tion from such States or local governments.’’. 

18 (3) Section 31104(a) is amended to read as fol19 lows: 

20 ‘‘(a) IN GENERAL.—There are authorized to be ap21 propriated from the Highway Trust Fund (other than the 

22 Mass Transit Account) to carry out section 31102: 

23 ‘‘(1) Not more than $186,100,000 for fiscal 

24 year 2004. 
92

•S 1978 RS 

1 ‘‘(2) Not more than $189,800,000 for fiscal 

2 year 2005. 

3 ‘‘(3) Not more than $193,600,000 for fiscal 

4 year 2006. 

5 ‘‘(4) Not more than $197,500,000 for fiscal 

6 year 2007. 

7 ‘‘(5) Not more than $201,400,000 for fiscal 

8 year 2008. 

9 ‘‘(6) Not more than $205,500,000 for fiscal 

10 year 2009.’’. 

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

12 paragraph (2) and inserting the following: 

13 ‘‘(2) HIGH-PRIORITY ACTIVITIES.—The Sec14 retary may designate up to 5 percent of amounts

15 available for allocation under paragraph (1) for 

16 States, local governments, and organizations rep17 resenting government agencies or officials for car18 rying out high priority activities and projects that 

19 improve commercial motor vehicle safety and compli20 ance with commercial motor vehicle safety regula21 tions, including activities and projects that are na22 tional in scope, increase public awareness and edu23 cation, or demonstrate new technologies. The 

24 amounts designated under this paragraph shall be 

25 allocated by the Secretary to State agencies, local 
93

•S 1978 RS 

1 governments, and organizations representing govern2 ment agencies or officials that use and train quali3 fied officers and employees in coordination with 

4 State motor vehicle safety agencies. At least 80 per5 cent of the amounts designated under this para6 graph shall be awarded to State agencies and local 

7 government agencies. 

8 ‘‘(3) SAFETY-PERFORMANCE INCENTIVE PRO9 GRAMS.—The Secretary may designate up to 10 per10 cent of the amounts available for allocation under 

11 paragraph (1) for safety performance incentive pro12 grams for States. The Secretary shall establish safe13 ty performance criteria to be used to distribute in14 centive program funds. Such criteria shall include, 

15 at a minimum, reduction in the number and rate of 

16 fatal accidents involving commercial motor vehicles. 

17 Allocations under this paragraph do not require a 

18 matching contribution from a State. 

19 ‘‘(4) NEW ENTRANT AUDITS.—The Secretary 

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

21 available for allocation under paragraph (1) for au22 dits of new entrant motor carriers conducted pursu23 ant to 31144(f). The Secretary may withhold such 

24 funds from a State or local government that is un25 able to use government employees to conduct new 
94

•S 1978 RS 

1 entrant motor carrier audits, and may instead utilize 

2 the funds to conduct audits in those jurisdictions.’’. 

3 (b) GRANTS TO STATES FOR BORDER ENFORCE4 MENT.—Section 31107 is amended to read as follows: 

5 ‘‘§ 31107. Border enforcement grants 

6 ‘‘(a) GENERAL AUTHORITY.—From the funds au7 thorized by section 222(c)(1) of the Motor Carrier Safety 

8 Reauthorization Act of 2003, the Secretary may make a 

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

10 another country for carrying out border commercial motor 

11 vehicle safety programs and related enforcement activities 

12 and projects. 

13 ‘‘(b) MAINTENANCE OF EXPENDITURES.—The Sec14 retary may make a grant to a State under this section 

15 only if the State agrees that the total expenditure of 

16 amounts of the State and political subdivisions of the 

17 State, exclusive of United States Government amounts, for 

18 carrying out border commercial motor vehicle safety pro19 grams and related enforcement activities and projects will 

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

21 of that expenditure by the State and political subdivisions 

22 of the State for the last 2 State or Federal fiscal years 

23 before October 1, 2003.’’. 
95

•S 1978 RS 

1 (c) GRANTS TO STATES FOR COMMERCIAL DRIVER’S

2 LICENSE IMPROVEMENTS.—Chapter 313 is amended by 

3 adding at the end the following: 

4 ‘‘§ 31318. Grants for commercial driver’s license pro5 gram improvements 

6 ‘‘(a) GENERAL AUTHORITY.—From the funds au7 thorized by section 222(c)(3) of the Motor Carrier Safety 

8 Reauthorization Act of 2003, the Secretary may make a 

9 grant to a State, except as otherwise provided in sub10 section (e), in a fiscal year to improve its implementation 

11 of the commercial driver’s license program, providing the 

12 State is in substantial compliance with the requirements 

13 of section 31311 and this section. The Secretary shall es14 tablish criteria for the distribution of grants and notify 

15 the States annually of such criteria. 

16 ‘‘(b) CONDITIONS.—Except as otherwise provided in 

17 subsection (e), a State may use a grant under this section 

18 only for expenses directly related to its commercial driver’s 

19 license program, including, but not limited to, computer 

20 hardware and software, publications, testing, personnel, 

21 training, and quality control. The grant may not be used 

22 to rent, lease, or buy land or buildings. The Secretary shall 

23 give priority to grants that will be used to achieve compli24 ance with Federal laws and regulations governing the com25 mercial driver’s license program. The Secretary may allo-
96

•S 1978 RS 

1 cate the funds appropriated for such grants in a fiscal year 

2 among the eligible States whose applications for grants 

3 have been approved, under criteria established by the Sec4 retary. 

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, 2003. 

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-
97

•S 1978 RS 

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 

10 222(c)(3) of the Motor Carrier Safety Reauthoriza11 tion Act of 2003 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 222(c)(3) of the Motor Carrier Safety Reau16 thorization Act of 2003 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. 
98

•S 1978 RS 

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 222(c)(3) of 

5 the Motor Carrier Safety Reauthorization Act of 2003 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 (d) NONCOMPLIANCE WITH CDL REQUIREMENTS.—

10 Section 31314 is amended by striking subsections (a) and 

11 (b) and inserting the following: 

12 ‘‘(a) FIRST FISCAL YEAR.—The Secretary of Trans13 portation shall withhold up to 5 percent of the amount 

14 required to be apportioned to a State under section 

15 104(b)(1), (3), and (4) of title 23 on the first day of the 

16 fiscal year after the first fiscal year beginning after Sep17 tember 30, 1992, throughout which the State does not 

18 comply substantially with a requirement of section 

19 31311(a) of this title. 

20 ‘‘(b) SECOND FISCAL YEAR.—The Secretary shall 

21 withhold up to 10 percent of the amount required to be 

22 apportioned to a State under section 104(b)(1), (3), and 

23 (4) of title 23 on the first day of each fiscal year after 

24 the second fiscal year beginning after September 30, 1992, 
99

•S 1978 RS 

1 throughout which the State does not comply substantially 

2 with a requirement of section 31311(a) of this title.’’. 

3 (e) CONFORMING AMENDMENTS.—

4 (1) The chapter analysis for chapter 311 is 

5 amended—

6 (A) by striking the item relating to Subchapter 

7 I, and inserting the following:

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

8 and 

9 (B) by striking the item relating to section 

10 31107, and inserting the following:

‘‘31107. Border enforcement grants.’’.

11 (2) Subchapter I of chapter 311 is amended by strik12 ing the subchapter heading and inserting the following:

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

13 (3) The chapter analysis for chapter 313 is 

14 amended by inserting the following after the item re15 lating to section 31317:

‘‘31318. Grants for commercial driver’s license program improvements.’’.

16 SEC. 224. CDL WORKING GROUP. 

17 (a) IN GENERAL.—The Secretary of Transportation 

18 shall convene a working group to study and address cur19 rent impediments and foreseeable challenges to the com20 mercial driver’s license program’s effectiveness and meas21 ures needed to realize the full safety potential of the com22 mercial driver’s license program. The working group shall 
100

•S 1978 RS 

1 address such issues as State enforcement practices, oper2 ational procedures to detect and deter fraud, needed im3 provements for seamless information sharing between 

4 States, effective methods for accurately sharing electronic 

5 data between States, updated technology, and timely noti6 fication from judicial bodies concerning traffic and crimi7 nal convictions of commercial driver’s license holders. 

8 (b) MEMBERSHIP.—Members of the working group 

9 should include State motor vehicle administrators, organi10 zations representing government agencies or officials, 

11 members of the Judicial Conference, representatives of the 

12 trucking industry, representatives of labor organizations, 

13 safety advocates, and other significant stakeholders. 

14 (c) REPORT.—Within 2 years after the date of enact15 ment of this Act, the Secretary, on behalf of the working 

16 group, shall complete a report of the working group’s find17 ings and recommendations for legislative, regulatory, and 

18 enforcement changes to improve the commercial driver’s 

19 license program. The Secretary shall promptly transmit 

20 the report to the Senate Committee on Commerce, 

21 Science, and Transportation and the House of Represent22 atives Committee on Transportation and Infrastructure. 

23 (d) FUNDING.—From the funds authorized by section 

24 222(c)(3) of this title, $200,000 shall be made available 
101

•S 1978 RS 

1 for each of fiscal years 2004 and 2005 to carry out this 

2 section.

3 SEC. 225. CDL LEARNER’S PERMIT PROGRAM. 

4 (a) IN GENERAL.—Chapter 313 is amended—

5 (1) by striking ‘‘time.’’ in section 31302 and in6 serting ‘‘license, and may have only 1 learner’s per7 mit at any time.’’; 

8 (2) by inserting ‘‘and learners’ permits’’ after 

9 ‘‘licenses’’ the first place it appears in section 

10 31308; 

11 (3) by striking ‘‘licenses.’’ in section 31308 and 

12 inserting ‘‘licenses and permits.’’; 

13 (4) by redesignating paragraphs (2) and (3) of 

14 section 31308 as paragraphs (3) and (4), respec15 tively, and inserting after paragraph (1) the fol16 lowing: 

17 ‘‘(2) before a commercial driver’s license learn18 er’s permit can be issued to an individual, the indi19 vidual must pass a written test on the operation of 

20 a commercial motor vehicle that complies with the 

21 minimum standards prescribed by the Secretary 

22 under section 31305(a) of this title;’’; 

23 (5) by inserting ‘‘or learner’s permit’’ after ‘‘li24 cense’’ each place it appears in paragraphs (3) and 

25 (4), as redesignated, of section 31308; and 
102

•S 1978 RS 

1 (6) by inserting ‘‘or learner’s permit’’ after ‘‘li2 cense’’ each place it appears in section 31309(b). 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) Section 31302 is amended by inserting 

5 ‘‘and learner’s permits’’ in the section caption. 

6 (2) Sections 31308 and 31309 are each amend7 ed by inserting ‘‘and learner’s permit’’ after 

8 ‘‘license’’ in the section captions. 

9 (3) The chapter analysis for chapter 313 is 

10 amended by striking the item relating to section 

11 31302 and inserting the following:

‘‘31302. Limitation on the number of driver’s licenses and learner’s permits.’’.

12 (4) The chapter analysis for chapter 313 is 

13 amended by striking the items relating to sections 

14 31308 and 31309 and inserting the following:

‘‘31308. Commercial driver’s license and learner’s permit. 

‘‘31309. Commercial driver’s license and learner’s permit information system.’’.

15 SEC. 226. HOBBS ACT. 

16 (a) Section 2342(3)(A) of title 28, United States 

17 Code, is amended to read as follows: 

18 ‘‘(A) the Secretary of Transportation 

19 issued pursuant to section 2, 9, 37, or 41 of the 

20 Shipping Act, 1916 (46 U.S.C. App. 802, 803, 

21 808, 835, 839, and 841a) or pursuant to part 

22 B or C of subtitle IV of title 49 or pursuant to 

23 subchapter III of chapter 311, chapter 313, and 
103

•S 1978 RS 

1 chapter 315 of part B of subtitle VI of title 49; 

2 and’’. 

3 (b) Section 351(a) is amended to read as follows: 

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

5 of Transportation in carrying out a duty or power trans6 ferred under the Department of Transportation Act (Pub7 lic Law 89–670; 80 Stat. 931), or an action of the Admin8 istrator of the Federal Railroad Administration, Federal 

9 Motor Carrier Safety Administration, or the Federal Avia10 tion Administration in carrying out a duty or power spe11 cifically assigned to the Administrator by that Act, may 

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

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

14 agency, or instrumentality of the United States Govern15 ment carrying out the duty or power immediately before 

16 the transfer or assignment.’’. 

17 (c) Section 352 is amended to read as follows: 

18 ‘‘§ 352. Authority to carry out certain transferred du19 ties and powers 

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

21 the Department of Transportation Act (Public Law 89–

22 670; 80 Stat. 931), the Secretary of Transportation and 

23 the Administrators of the Federal Railroad Administra24 tion, the Federal Motor Carrier Safety Administration, 

25 and the Federal Aviation Administration have the same 
104

•S 1978 RS 

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

2 instrumentality of the United States Government carrying 

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

4 action of the Secretary or Administrator in carrying out 

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

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

7 SEC. 227. PENALTY FOR DENIAL OF ACCESS TO RECORDS. 

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

9 the following: 

10 ‘‘(E) COPYING OF RECORDS AND ACCESS

11 TO EQUIPMENT, LANDS, AND BUILDINGS.—A 

12 motor carrier subject to chapter 51 of subtitle 

13 III, a motor carrier, broker, or freight for14 warder subject to part B of subtitle IV, or the 

15 owner or operator of a commercial motor vehi16 cle subject to part B of subtitle VI of this title 

17 who fails to allow the Secretary, or an employee 

18 designated by the Secretary, promptly upon de19 mand to inspect and copy any record or inspect 

20 and examine equipment, lands, buildings and 

21 other property in accordance with sections 

22 504(c), 5121(c), and 14122(b) of this title shall 

23 be liable to the United States for a civil penalty 

24 not to exceed $500 for each offense, and each 

25 day the Secretary is denied the right to inspect 
105

•S 1978 RS 

1 and copy any record or inspect and examine 

2 equipment, lands, buildings and other property 

3 shall constitute a separate offense, except that 

4 the total of all civil penalties against any viola5 tor for all offenses related to a single violation 

6 shall not exceed $5,000. It shall be a defense to 

7 such penalty that the records did not exist at 

8 the time of the Secretary’s request or could not 

9 be timely produced without unreasonable ex10 pense or effort. Nothing herein amends or su11 persedes any remedy available to the Secretary 

12 under sections 502(d), 507(c), or other provi13 sion of this title.’’. 

14 SEC. 228. MEDICAL PROGRAM. 

15 (a) IN GENERAL.—Subchapter III of chapter 311 is 

16 amended by adding at the end the following: 

17 ‘‘§ 31149. Medical program 

18 ‘‘(a) MEDICAL REVIEW BOARD.— 

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

20 Secretary of Transportation shall establish a Medical 

21 Review Board to serve as an advisory committee to 

22 provide the Federal Motor Carrier Safety Adminis23 tration with medical advice and recommendations on 

24 driver qualification medical standards and guide-
106

•S 1978 RS 

1 lines, medical examiner education, and medical re2 search. 

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

4 Board shall be appointed by the Secretary and shall 

5 consist of 5 members selected from medical institu6 tions and private practice. The membership shall re7 flect expertise in a variety of specialties relevant to 

8 the functions of the Federal Motor Carrier Safety 

9 Administration. 

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

11 shall appoint a chief medical examiner for the Federal 

12 Motor Carrier Safety Administration. 

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

14 The Secretary, with the advice of the Medical Review 

15 Board and the chief medical examiner, shall—

16 ‘‘(1) establish, review, and revise—

17 ‘‘(A) medical standards for applicants for 

18 and holders of commercial driver’s licenses that 

19 will ensure that the physical condition of opera20 tors of commercial motor vehicles is adequate to 

21 enable them to operate the vehicles safely; 

22 ‘‘(B) requirements for periodic physical ex23 aminations of such operators performed by 

24 medical examiners who have received training in 

25 physical and medical examination standards 
107

•S 1978 RS 

1 and are listed on a national registry maintained 

2 by the Department of Transportation; and 

3 ‘‘(C) requirements for notification of the 

4 chief medical examiner if such an applicant or 

5 holder—

6 ‘‘(i) fails to meet the applicable stand7 ards; or 

8 ‘‘(ii) is found to have a physical or 

9 mental disability or impairment that would 

10 interfere with the individual’s ability to op11 erate a commercial motor vehicle safely; 

12 ‘‘(2) require each holder of a commercial driv13 er’s license or learner’s permit to have a current 

14 valid medical certificate; 

15 ‘‘(3) issue such certificates to such holders and 

16 applicants who are found, upon examination, to be 

17 physically qualified to operate a commercial motor 

18 vehicle and to meet applicable medical standards; 

19 and 

20 ‘‘(4) develop, as appropriate, specific courses 

21 and materials for medical examiners listed in the na22 tional registry established under this section, and re23 quire those medical examiners to complete specific

24 training, including refresher courses, to be listed in 

25 the registry. 
108

•S 1978 RS 

1 ‘‘(d) NATIONAL REGISTRY OF MEDICAL EXAM2 INERS.—The Secretary, through the Federal Motor Car3 rier Safety Administration—

4 ‘‘(1) shall establish and maintain a current na5 tional registry of medical examiners who are quali6 fied to perform the examination, testing, and inspec7 tion necessary to issue a medical certificate; 

8 ‘‘(2) may delegate to such examiners the au9 thority to issue such certificates; and 

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

11 any medical examiner that fails to meet the quali12 fications established by the Secretary for being listed 

13 in the registry. 

14 ‘‘(e) CONSULTATION AND COOPERATION WITH

15 FAA.— 

16 ‘‘(1) IN GENERAL.—The Administrator of the 

17 Federal Motor Carrier Safety Administration shall 

18 consult the Administrator of the Federal Aviation 

19 Administration with respect to examinations, the 

20 issuance of certificates, standards, and procedures 

21 under this section in order to take advantage of such 

22 aspects of the Federal Aviation Administration’s air23 man certificate program under chapter 447 of this 

24 title as the Administrator deems appropriate for car25 rying out this section. 
109

•S 1978 RS 

1 ‘‘(2) USE OF FAA-QUALIFIED EXAMINERS.—The 

2 Administrator of the Federal Motor Carrier Safety 

3 Administration and the Administrator of the Federal 

4 Aviation Administration are authorized and encour5 aged to execute a memorandum of understanding 

6 under which individuals holding or applying for a 

7 commercial driver’s license or learner’s permit may 

8 be examined, for purposes of this section, by medical 

9 examiners who are qualified to administer medical 

10 examinations for airman certificates under chapter 

11 447 of this title and the regulations thereunder—

12 ‘‘(A) until the national registry required by 

13 subsection (d) is fully established; and 

14 ‘‘(B) to the extent that the Administrators 

15 determine appropriate, after that registry is es16 tablished. 

17 ‘‘(f) REGULATIONS.—The Secretary is authorized to 

18 promulgate such regulations as may be necessary to carry 

19 out this section.’’. 

20 (b) MEDICAL EXAMINERS.—Section 31136(a)(3) is 

21 amended to read as follows: 

22 ‘‘(3) the physical condition of operators of com23 mercial motor vehicles is adequate to enable them to 

24 operate the vehicles safely, and the periodic physical 

25 examinations required of such operators are per-
110

•S 1978 RS 

1 formed by medical examiners who have received 

2 training in physical and medical examination stand3 ards and are listed on a national registry maintained 

4 by the Department of Transportation; and’’. 

5 (c) CONFORMING AMENDMENT.—The chapter anal6 ysis for chapter 311 is amended by inserting after the item 

7 relating to section 31148 the following:

‘‘31149. Medical program.’’.

8 (d) EFFECTIVE DATE.—The amendment made by 

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

10 enactment of this Act. 

11 SEC. 229. OPERATION OF COMMERCIAL MOTOR VEHICLES 

12 BY INDIVIDUALS WHO USE INSULIN TO 

13 TREAT DIABETES MELLITUS. 

14 (a) ISSUANCE OF FINAL RULE.—Not later than 90 

15 days after the date of the enactment of this Act, the Sec16 retary shall issue a final rule to allow individuals who use 

17 insulin to treat their diabetes to operate commercial motor 

18 vehicles in interstate commerce. The final rule shall pro19 vide for the individual assessment of applicants who use 

20 insulin to treat their diabetes and who are, except for their 

21 use of insulin, otherwise qualified under the Federal Motor 

22 Carrier Safety Regulations. The final rule shall be con23 sistent with the criteria described in section 4018 of the 

24 Transportation Equity Act for the 21st Century (49 

25 U.S.C. 31305 note) and shall conclude the rulemaking 
111

•S 1978 RS 

1 process in the Federal Motor Carrier Safety Administra2 tion docket relating to qualifications of drivers with diabe3 tes. 

4 (b) NO HISTORY OF DRIVING WHILE USING INSULIN

5 REQUIRED FOR QUALIFICATION.—The Secretary may not 

6 require individuals to have experience operating commer7 cial motor vehicles while using insulin in order to qualify 

8 to operate a commercial motor vehicle in interstate com9 merce. 

10 (c) HISTORY OF DIABETES CONTROL.—In the final 

11 rule, the Secretary may require an individual to have used 

12 insulin for a minimum period of time and demonstrated 

13 stable control of diabetes in order to qualify to operate 

14 a commercial motor vehicle in interstate commerce. Any 

15 such requirement, including any requirement with respect 

16 to the duration of such insulin use, shall be consistent with 

17 the findings of the expert medical panel reported in July 

18 2000 in ‘‘A Report to Congress on the Feasibility of a 

19 Program to Qualify Individuals with Insulin-Treated Dia20 betes Mellitus to Operate Commercial Motor Vehicles in 

21 Interstate Commerce as Directed by the Transportation 

22 Equity Act for the 21st Century’’. 

23 (d) LIMITATIONS ON FINAL RULE.—The Secretary 

24 shall ensure that individuals who use insulin to treat their 

25 diabetes are not held to a higher standard than other 
112

•S 1978 RS 

1 qualified commercial drivers, except to the extent that lim2 ited operating, monitoring, or medical requirements are 

3 deemed medically necessary by experts in the field of dia4 betes medicine. 

5 SEC. 230. FINANCIAL RESPONSIBILITY FOR PRIVATE 

6 MOTOR CARRIERS. 

7 (a) TRANSPORTATION OF PASSENGERS.—

8 (1) Section 31138(a) is amended to read as fol9 lows: 

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

11 Transportation shall prescribe regulations to require min12 imum levels of financial responsibility sufficient to satisfy 

13 liability amounts established by the Secretary covering 

14 public liability and property damage for the transportation 

15 of passengers by motor vehicle in the United States be16 tween a place in a State and—

17 ‘‘(1) a place in another State; 

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

19 place outside of that State; or 

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

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

22 the end the following: 

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

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

25 of this title, transporting passengers by motor vehi-
113

•S 1978 RS 

1 cle to file with the Secretary the evidence of finan2 cial responsibility specified in subsection (c)(1) of 

3 this section in an amount not less than that required 

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

5 in which the person is operating, to the extent appli6 cable. The extent of the financial responsibility must 

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

8 the financial responsibility, for each final judgment 

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

10 an individual resulting from the negligent operation, 

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

12 damage to property, or both.’’. 

13 (b) TRANSPORTATION OF PROPERTY.—Section 

14 31139 is amended—

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

16 precedes paragraph (2) and inserting the following: 

17 ‘‘(b) GENERAL REQUIREMENTS AND MINIMUM

18 AMOUNT.—

19 ‘‘(1) The Secretary of Transportation shall pre20 scribe regulations to require minimum levels of fi21 nancial responsibility sufficient to satisfy liability 

22 amounts established by the Secretary covering public 

23 liability, property damage, and environmental res24 toration for the transportation of property by motor 
114

•S 1978 RS 

1 vehicle in the United States between a place in a 

2 State and— 

3 ‘‘(A) a place in another State; 

4 ‘‘(B) another place in the same State 

5 through a place outside of that State; or 

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

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

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

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

10 of this subsection); and 

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

12 as subsections (d) through (h), respectively, and in13 serting after subsection (b) the following: 

14 ‘‘(c) FILING OF EVIDENCE OF FINANCIAL RESPONSI15 BILITY.—The Secretary may require a motor private car16 rier, as defined in section 13102 of this title, to file with 

17 the Secretary the evidence of financial responsibility speci18 fied in subsection (b) of this section in an amount not 

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

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

21 operating, to the extent applicable. The amount of the fi22 nancial responsibility must be sufficient to pay, not more 

23 than the amount of the financial responsibility, for each 

24 final judgment against the motor private carrier for bodily 

25 injury to, or death of, an individual resulting from neg-
115

•S 1978 RS 

1 ligent operation, maintenance, or use of motor vehicles, 

2 or for loss or damage to property, or both.’’. 

3 SEC. 231. INCREASED PENALTIES FOR OUT-OF-SERVICE 

4 VIOLATIONS AND FALSE RECORDS. 

5 (a) Section 521(b)(2)(B) is amended to read as fol6 lows: 

7 ‘‘(B) RECORDKEEPING AND REPORTING VIOLA8 TIONS.—A person required to make a report to the 

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

10 preserve a record under section 504 of this title or 

11 under any regulation issued by the Secretary pursu12 ant to subchapter III of chapter 311 (except sections 

13 31138 and 31139) or section 31502 of this title 

14 about transportation by motor carrier, motor carrier 

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

16 officer, agent, or employee of that person—

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

18 not specifically, completely, and truthfully an19 swer that question in 30 days from the date the 

20 Secretary requires the question to be answered, 

21 or does not make, prepare, or preserve that 

22 record in the form and manner prescribed by 

23 the Secretary, shall be liable to the United 

24 States for a civil penalty in an amount not to 

25 exceed $1,000 for each offense, and each day of 
116

•S 1978 RS 

1 the violation shall constitute a separate offense, 

2 except that the total of all civil penalties as3 sessed against any violator for all offenses re4 lated to any single violation shall not exceed 

5 $10,000; or 

6 ‘‘(ii) who knowingly falsifies, destroys, mu7 tilates, or changes a required report or record, 

8 knowingly files a false report with the Sec9 retary, knowingly makes or causes or permits to 

10 be made a false or incomplete entry in that 

11 record about an operation or business fact or 

12 transaction, or knowingly makes, prepares, or 

13 preserves a record in violation of a regulation or 

14 order of the Secretary, shall be liable to the 

15 United States for a civil penalty in an amount 

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

17 such action can be shown to have misrepre18 sented a fact that constitutes a violation other 

19 than a reporting or recordkeeping violation.’’. 

20 (b) Section 31310(i)(2) is amended to read as fol21 lows: 

22 ‘‘(2) The Secretary shall prescribe regulations 

23 establishing sanctions and penalties related to viola24 tions of out-of-service orders by individuals oper-
117

•S 1978 RS 

1 ating commercial motor vehicles. The regulations 

2 shall require at least that—

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

4 vehicle found to have committed a first violation 

5 of an out-of-service order shall be disqualified 

6 from operating such a vehicle for at least 180 

7 days and liable for a civil penalty of at least 

8 $2,500; 

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

10 vehicle found to have committed a second viola11 tion of an out-of-service order shall be disquali12 fied from operating such a vehicle for at least 

13 2 years and not more than 5 years and liable 

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

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

16 requires an employee to operate a commercial 

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

18 order shall be liable for a civil penalty of not 

19 more than $25,000; and 

20 ‘‘(D) an employer that knowingly and will21 fully allows or requires an employee to operate 

22 a commercial motor vehicle in violation of an

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

24 subject for each offense to imprisonment for a 
118

•S 1978 RS 

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

2 18, United States Code, or both.’’. 

3 SEC. 232. ELIMINATION OF COMMODITY AND SERVICE EX4 EMPTIONS. 

5 (a) Section 13506(a) is amended—

6 (1) by striking paragraphs (6), (11), (12), (13), 

7 and (15); 

8 (2) by redesignating paragraphs (7), (8), (9), 

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

10 (10), respectively; 

11 (3) by inserting ‘‘or’’ after the semicolon in 

12 paragraph (9), as redesignated; and 

13 (4) striking ‘‘13904(d); or’’ in paragraph (1), 

14 as redesignated, and inserting ‘‘14904(d).’’. 

15 (b) Section 13507 is amended by striking ‘‘(6), (8), 

16 (11), (12), or (13)’’ and inserting ‘‘(6)’’. 

17 SEC. 233. INTRASTATE OPERATIONS OF INTERSTATE 

18 MOTOR CARRIERS. 

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

20 read as follows: 

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

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

23 fit to operate safely commercial motor vehicles, uti24 lizing among other things the accident record of an 

25 owner or operator operating in interstate commerce 
119

•S 1978 RS 

1 and the accident record and safety inspection record 

2 of such owner or operator in operations that affect 

3 interstate commerce; 

4 ‘‘(2) periodically update such safety fitness de5 terminations; 

6 ‘‘(3) make such final safety fitness determina7 tions readily available to the public; and 

8 ‘‘(4) prescribe by regulation penalties for viola9 tions of this section consistent with section 521.’’. 

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

11 adding at the end the following: 

12 ‘‘(5) TRANSPORTATION AFFECTING INTER13 STATE COMMERCE.—Owners or operators of com14 mercial motor vehicles prohibited from operating in 

15 interstate commerce pursuant to paragraphs (1) 

16 through (3) of this section may not operate any 

17 commercial motor vehicle that affects interstate 

18 commerce until the Secretary determines that such 

19 owner or operator is fit.’’. 

20 (c) Section 31144 is amended by redesignating sub21 sections (d), (e), and the second subsection (c) as sub22 sections (e), (f), and (g), respectively, and inserting after 

23 subsection (c) the following: 

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

25 If a State that receives Motor Carrier Safety Assistance 
120

•S 1978 RS 

1 Program funds pursuant to section 31102 of this title de2 termines, by applying the standards prescribed by the Sec3 retary under subsection (b) of this section, that an owner 

4 or operator of commercial motor vehicles that has its prin5 cipal place of business in that State and operates in intra6 state commerce is unfit under such standards and pro7 hibits the owner or operator from operating such vehicles 

8 in the State, the Secretary shall prohibit the owner or op9 erator from operating such vehicles in interstate commerce 

10 until the State determines that the owner or operator is 

11 fit.’’. 

12 SEC. 234. AUTHORITY TO STOP COMMERCIAL MOTOR VEHI13 CLES. 

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

15 States Code, is amended by adding at the end the fol16 lowing: 

17 ‘‘§ 38. Commercial motor vehicles required to stop for 

18 inspections 

19 ‘‘(a) A driver of a commercial motor vehicle, as de20 fined in section 31132(1) of title 49, shall stop and submit 

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

22 records when directed to do so by an authorized employee 

23 of the Federal Motor Carrier Safety Administration, De24 partment of Transportation, at or in the vicinity of an in-
121

•S 1978 RS 

1 spection site. The driver shall not leave the inspection site 

2 until authorized to do so by an authorized employee. 

3 ‘‘(b) A driver of a commercial motor vehicle, as de4 fined in subsection (a), who knowingly fails to stop for 

5 inspection when directed to do so by an authorized em6 ployee of the Federal Motor Carrier Safety Administration 

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

8 inspection site without authorization, shall be fined under 

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

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

11 18, United States Code, is amended by adding at the end 

12 the following: 

13 ‘‘§ 3064. Powers of Federal Motor Carrier Safety Ad14 ministration 

15 ‘‘Authorized employees of the Federal Motor Carrier 

16 Safety Administration may direct a driver of a commercial 

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

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

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

20 (c) CONFORMING AMENDMENTS.—

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

22 18, United States Code, is amended by inserting 

23 after the item relating to section 37 the following:

‘‘38. Commercial motor vehicles required to stop for inspections.’’.
122

•S 1978 RS 

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

2 18, United States Code, is amended by inserting 

3 after the item relating to section 3063 the following:

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

4 SEC. 235. REVOCATION OF OPERATING AUTHORITY. 

5 Section 13905(e) is amended—

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

7 following: 

8 ‘‘(1) PROTECTION OF SAFETY.—Notwith9 standing subchapter II of chapter 5 of title 5, the 

10 Secretary—

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

12 motor carrier, a freight forwarder, or a broker 

13 for failure to comply with requirements of the 

14 Secretary pursuant to section 13904(c) or 

15 13906 of this title, or an order or regulation of 

16 the Secretary prescribed under those sections; 

17 and 

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

19 motor carrier that has been prohibited from op20 erating in interstate commerce for failure to 

21 comply with the safety fitness requirements of 

22 section 31144 of this title.’’; 

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

24 paragraph (2) and inserting ‘‘shall revoke the reg25 istration’’; and
123

•S 1978 RS 

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

2 following: 

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

4 Secretary may suspend or revoke under this sub5 section the registration only after giving notice of 

6 the suspension or revocation to the registrant. A 

7 suspension remains in effect until the registrant 

8 complies with the applicable sections or, in the case 

9 of a suspension under paragraph (2), until the Sec10 retary revokes the suspension.’’. 

11 SEC. 236. PATTERN OF SAFETY VIOLATIONS BY MOTOR 

12 CARRIER MANAGEMENT. 

13 (a) IN GENERAL.—Section 31135 is amended— 

14 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

15 ‘‘Each’’; and 

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

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

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

19 avoiding compliance, or masking or otherwise concealing 

20 non-compliance, with regulations on commercial motor ve21 hicle safety prescribed under this subchapter, the Sec22 retary may suspend, amend, or revoke any part of the 

23 motor carrier’s registration under section 13905 of this 

24 title. 
124

•S 1978 RS 

1 ‘‘(c) LIST OF PROPOSED OFFICERS.—Each person 

2 seeking registration as a motor carrier under section 

3 13902 of this title shall submit a list of the proposed offi4 cers of the motor carrier. If the Secretary determines that 

5 any of the proposed officers has previously engaged in a 

6 pattern or practice of avoiding compliance, or masking or 

7 otherwise concealing non-compliance, with regulations on 

8 commercial motor vehicle safety prescribed under this 

9 chapter, the Secretary may deny the person’s application 

10 for registration as a motor carrier under section 

11 13902(a)(3). 

12 ‘‘(d) REGULATIONS.—The Secretary shall by regula13 tion establish standards to implement subsections (b) and 

14 (c). 

15 ‘‘(e) DEFINITIONS.—In this section: 

16 ‘‘(1) MOTOR CARRIER.—The term motor carrier 

17 has the meaning given the term in section 

18 13102(12) of this title; and 

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

20 owner, chief executive officer, chief operating officer, 

21 chief financial officer, safety director, vehicle mainte22 nance supervisor and driver supervisor of a motor 

23 carrier, regardless of the title attached to those 

24 functions.’’. 
125

•S 1978 RS 

1 (b) REGISTRATION OF CARRIERS.—Section 

2 13902(a)(1)(B) is amended to read as follows: 

3 ‘‘(B) any safety regulations imposed by the Sec4 retary, the duties of employers and employees estab5 lished by the Secretary under section 31135, and the 

6 safety fitness requirements established by the Sec7 retary under section 31144; and’’. 

8 SEC. 237. MOTOR CARRIER RESEARCH AND TECHNOLOGY 

9 PROGRAM. 

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

11 as follows: 

12 ‘‘§ 31108. Motor carrier research and technology pro13 gram 

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

15 TRANSFER ACTIVITIES.—

16 ‘‘(1) The Secretary of Transportation shall es17 tablish and carry out a motor carrier and motor 

18 coach research and technology program. The Sec19 retary may carry out research, development, tech20 nology, and technology transfer activities with re21 spect to—

22 ‘‘(A) the causes of accidents, injuries and 

23 fatalities involving commercial motor vehicles; 

24 and 
126

•S 1978 RS 

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

2 severity of accidents, injuries and fatalities in3 volving commercial motor vehicles. 

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

5 in testing and developing any material, invention, 

6 patented article, or process related to the research 

7 and technology program. 

8 ‘‘(3) The Secretary may use the funds appro9 priated to carry out this section for training or edu10 cation of commercial motor vehicle safety personnel, 

11 including, but not limited to, training in accident re12 construction and detection of controlled substances 

13 or other contraband, and stolen cargo or vehicles. 

14 ‘‘(4) The Secretary may carry out this sec15 tion— 

16 ‘‘(A) independently; 

17 ‘‘(B) in cooperation with other Federal de18 partments, agencies, and instrumentalities and 

19 Federal laboratories; or 

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

21 contracts, cooperative agreements, and other 

22 transactions with, any Federal laboratory, State 

23 agency, authority, association, institution, for24 profit or non-profit corporation, organization, 

25 foreign country, or person. 
127

•S 1978 RS 

1 ‘‘(5) The Secretary shall use funds made avail2 able to carry out this section to develop, administer, 

3 communicate, and promote the use of products of re4 search, technology, and technology transfer pro5 grams under this section. 

6 ‘‘(b) COLLABORATIVE RESEARCH AND DEVELOP7 MENT.—

8 ‘‘(1) To advance innovative solutions to prob9 lems involving commercial motor vehicle and motor 

10 carrier safety, security, and efficiency, and to stimu11 late the deployment of emerging technology, the Sec12 retary may carry out, on a cost-shared basis, col13 laborative research and development with— 

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

15 and local governments, foreign governments, 

16 colleges and universities, corporations, institu17 tions, partnerships, and sole proprietorships 

18 that are incorporated or established under the 

19 laws of any State; and 

20 ‘‘(B) Federal laboratories. 

21 ‘‘(2) In carrying out this subsection, the Sec22 retary may enter into cooperative research and de23 velopment agreements (as defined in section 12 of 

24 the Stevenson-Wydler Technology Innovation Act of 

25 1980 (15 U.S.C. 3710a)). 
128

•S 1978 RS 

1 ‘‘(3)(A) The Federal share of the cost of activi2 ties carried out under a cooperative research and de3 velopment agreement entered into under this sub4 section shall not exceed 50 percent, except that if 

5 there is substantial public interest or benefit, the 

6 Secretary may approve a greater Federal share. 

7 ‘‘(B) All costs directly incurred by the non-Fed8 eral partners, including personnel, travel, and hard9 ware or software development costs, shall be credited 

10 toward the non-Federal share of the cost of the ac11 tivities described in subparagraph (A). 

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

13 technology under a cooperative research and develop14 ment agreement entered into under this subsection, 

15 including the terms under which the technology may 

16 be licensed and the resulting royalties may be dis17 tributed, shall be subject to the Stevenson-Wydler 

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

19 et seq.). 

20 ‘‘(5) Section 5 of title 41, United States Code, 

21 shall not apply to a contract or agreement entered 

22 into under this section. 

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

24 made available under section 222(a) of the Motor Carrier 
129

•S 1978 RS 

1 Safety Reauthorization Act of 2003 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

5 222(a) of the Motor Carrier Safety Reauthorization Act 

6 of 2003 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. 238. REVIEW OF COMMERCIAL ZONE EXEMPTION PRO14 VISION. 

15 (a) IN GENERAL.—Not later than 1 year after the 

16 date of enactment of this Act, the Secretary of Transpor17 tation shall complete a review of part 372 of title 49, Code 

18 of Federal Regulations, as it pertains to commercial zone 

19 exemptions (excluding border commercial zones) from De20 partment of Transportation and Surface Transportation 

21 Board regulations governing interstate commerce. The 

22 Secretary shall determine whether such exemptions should 

23 continue to apply as written, should undergo revision, or 

24 should be revoked. The Secretary shall submit to the Sen25 ate Committee on Commerce, Science, and Transportation 
130

•S 1978 RS 

1 and the House of Representatives Committee on Trans2 portation and Infrastructure a report of the review not 

3 later than 14 months after such date of enactment. 

4 (b) NOTICE.—The Secretary shall publish notice of 

5 the review required by subsection (a) and provide an op6 portunity for the public to submit comments on the effect 

7 of continuing, revising, or revoking the commercial zone 

8 exemptions in part 372 of title 49, Code of Federal Regu9 lations. 

10 SEC. 239. INTERNATIONAL COOPERATION. 

11 (a) IN GENERAL.—Chapter 311 is amended by in12 serting at the end the following: 

13 ‘‘SUBCHAPTER IV—MISCELLANEOUS 

14 ‘‘§ 31161. International cooperation 

15 ‘‘The Secretary is authorized to use funds appro16 priated under section 31104(i) of this title to participate 

17 and cooperate in international activities to enhance motor 

18 carrier, commercial motor vehicle, driver, and highway 

19 safety by such means as exchanging information, con20 ducting research, and examining needs, best practices, and 

21 new technology.’’. 

22 (b) CLERICAL AMENDMENT.—The chapter analysis 

23 for chapter 311 is amended by adding at the end the fol24 lowing:

‘‘SUBCHAPTER IV—MISCELLANEOUS 

‘‘31161. International cooperation.’’.
131

•S 1978 RS 

1 SEC. 240. PERFORMANCE AND REGISTRATION INFORMA2 TION SYSTEM MANAGEMENT. 

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

4 (1) by striking paragraphs (2) and (3) and in5 serting the following: 

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

7 motor carrier safety information systems with State 

8 commercial vehicle registration and licensing systems 

9 and shall be designed to enable a State to—

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

11 motor carrier or registrant when licensing or 

12 registering the registrant or motor carrier or 

13 while the license or registration is in effect; and 

14 ‘‘(B) deny, suspend, or revoke the commer15 cial motor vehicle registrations of a motor car16 rier or registrant that has been issued an oper17 ations out-of-service order by the Secretary. 

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

19 Secretary shall require States, as a condition of par20 ticipation in the program, to— 

21 ‘‘(A) comply with the uniform policies, pro22 cedures, and technical and operational stand23 ards prescribed by the Secretary under sub24 section (a)(4); 

25 ‘‘(B) possess the authority to impose sanc26 tions relating to commercial motor vehicle reg-
132

•S 1978 RS 

1 istration on the basis of a Federal safety fitness 

2 determination; and 

3 ‘‘(C) cancel the motor vehicle registration 

4 and seize the registration plates of an employer 

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

6 this title for knowingly allowing or requiring an 

7 employee to operate a commercial motor vehicle 

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

9 (2) by striking paragraph (4). 

10 (b) PERFORMANCE AND REGISTRATION INFORMA11 TION SYSTEM MANAGEMENT GRANTS.—

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

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

14 end the following: 

15 ‘‘§ 31109. Performance and registration information 

16 system management 

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

18 section 222(c)(2) of the Motor Carrier Safety Reauthor19 ization Act of 2003, the Secretary may make a grant in 

20 a fiscal year to a State to implement the performance and 

21 registration information system management require22 ments of section 31106(b). 

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

24 available to a State under section 222(c)(2) of the Motor 
133

•S 1978 RS 

1 Carrier Safety Reauthorization Act of 2003 to carry out 

2 this section shall remain available until expended. 

3 ‘‘(c) SECRETARY’S APPROVAL.—Approval by the Sec4 retary of a grant to a State under section 222(c)(2) of 

5 the Motor Carrier Safety Reauthorization Act of 2003 to 

6 carry out this section is a contractual obligation of the 

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

8 (2) CONFORMING AMENDMENT.—The chapter 

9 analysis for chapter 311 is amended by inserting 

10 after the item relating to section 31108 the fol11 lowing:

‘‘31109. Performance and registration information system management.’’.

12 SEC. 241. COMMERCIAL VEHICLE INFORMATION SYSTEMS 

13 AND NETWORKS DEPLOYMENT. 

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

15 commercial vehicle information systems and networks pro16 gram to—

17 (1) improve the safety and productivity of com18 mercial vehicles; and 

19 (2) reduce costs associated with commercial ve20 hicle operations and Federal and State commercial 

21 vehicle regulatory requirements. 

22 (b) PURPOSE.—The program shall advance the tech23 nological capability and promote the deployment of intel24 ligent transportation system applications for commercial 

25 vehicle operations, including commercial vehicle, commer-
134

•S 1978 RS 

1 cial driver, and carrier-specific information systems and 

2 networks.

3 (c) CORE DEPLOYMENT GRANTS.—

4 (1) IN GENERAL.—The Secretary shall make 

5 grants to eligible States for the core deployment of 

6 commercial vehicle information systems and net7 works. 

8 (2) ELIGIBILITY.—To be eligible for a core de9 ployment grant under this section, a State—

10 (A) shall have a commercial vehicle infor11 mation systems and networks program plan and 

12 a top level system design approved by the Sec13 retary; 

14 (B) shall certify to the Secretary that its 

15 commercial vehicle information systems and 

16 networks deployment activities, including hard17 ware procurement, software and system devel18 opment, and infrastructure modifications, are 

19 consistent with the national intelligent transpor20 tation systems and commercial vehicle informa21 tion systems and networks architectures and 

22 available standards, and promote interoper23 ability and efficiency to the extent practicable; 

24 and 
135

•S 1978 RS 

1 (C) shall agree to execute interoperability 

2 tests developed by the Federal Motor Carrier 

3 Safety Administration to verify that its systems 

4 conform with the national intelligent transpor5 tation systems architecture, applicable stand6 ards, and protocols for commercial vehicle infor7 mation systems and networks. 

8 (3) AMOUNT OF GRANTS.—The maximum ag9 gregate amount a State may receive under this sec10 tion for the core deployment of commercial vehicle 

11 information systems and networks may not exceed 

12 $2,500,000. 

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

14 under this subsection may only be used for the core 

15 deployment of commercial vehicle information sys16 tems and networks. Eligible States that have either 

17 completed the core deployment of commercial vehicle 

18 information systems and networks or completed such 

19 deployment before core deployment grant funds are 

20 expended may use the remaining core deployment 

21 grant funds for the expanded deployment of com22 mercial vehicle information systems and networks in 

23 their State. 

24 (d) EXPANDED DEPLOYMENT GRANTS.—
136

•S 1978 RS 

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

2 the funds remaining after the Secretary has made 

3 core deployment grants under subsection (c) of this 

4 section, the Secretary may make grants to each eli5 gible State, upon request, for the expanded deploy6 ment of commercial vehicle information systems and 

7 networks. 

8 (2) ELIGIBILITY.—Each State that has com9 pleted the core deployment of commercial vehicle in10 formation systems and networks is eligible for an ex11 panded deployment grant. 

12 (3) AMOUNT OF GRANTS.—Each fiscal year, the 

13 Secretary may distribute funds available for ex14 panded deployment grants equally among the eligible 

15 States, but not to exceed $1,000,000 per State. 

16 (4) USE OF FUNDS.—A State may use funds 

17 from a grant under this subsection only for the ex18 panded deployment of commercial vehicle informa19 tion systems and networks. 

20 (e) FEDERAL SHARE.—The Federal share of the cost 

21 of a project payable from funds made available to carry 

22 out this section shall not exceed 50 percent. The total Fed23 eral share of the cost of a project payable from all eligible 

24 sources shall not exceed 80 percent. 
137

•S 1978 RS 

1 (f) APPLICABILITY OF TITLE 23, UNITED STATES

2 CODE.—Funds authorized to be appropriated under sec3 tion 222(c)(4) shall be available for obligation in the same 

4 manner and to the same extent as if such funds were ap5 portioned under chapter 1 of title 23, United States Code, 

6 except that such funds shall remain available until ex7 pended. 

8 (g) DEFINITIONS.—In this section: 

9 (1) COMMERCIAL VEHICLE INFORMATION SYS10 TEMS AND NETWORKS.—The term ‘‘commercial ve11 hicle information systems and networks’’ means the 

12 information systems and communications networks 

13 that provide the capability to—

14 (A) improve the safety of commercial vehi15 cle operations; 

16 (B) increase the efficiency of regulatory in17 spection processes to reduce administrative bur18 dens by advancing technology to facilitate in19 spections and increase the effectiveness of en20 forcement efforts; 

21 (C) advance electronic processing of reg22 istration information, driver licensing informa23 tion, fuel tax information, inspection and crash 

24 data, and other safety information; 
138

•S 1978 RS 

1 (D) enhance the safe passage of commer2 cial vehicles across the United States and 

3 across international borders; and 

4 (E) promote the communication of infor5 mation among the States and encourage 

6 multistate cooperation and corridor develop7 ment. 

8 (2) COMMERCIAL VEHICLE OPERATIONS.—The 

9 term ‘‘commercial vehicle operations’’— 

10 (A) means motor carrier operations and 

11 motor vehicle regulatory activities associated 

12 with the commercial movement of goods, includ13 ing hazardous materials, and passengers; and 

14 (B) with respect to the public sector, in15 cludes the issuance of operating credentials, the 

16 administration of motor vehicle and fuel taxes, 

17 and roadside safety and border crossing inspec18 tion and regulatory compliance operations. 

19 (3) CORE DEPLOYMENT.—The term ‘‘core de20 ployment’’ means the deployment of systems in a 

21 State necessary to provide the State with the fol22 lowing capabilities: 

23 (A) SAFETY INFORMATION EXCHANGE.—

24 Safety information exchange to—
139

•S 1978 RS 

1 (i) electronically collect and transmit 

2 commercial vehicle and driver inspection 

3 data at a majority of inspection sites; 

4 (ii) connect to the Safety and Fitness 

5 Electronic Records system for access to 

6 interstate carrier and commercial vehicle 

7 data, summaries of past safety perform8 ance, and commercial vehicle credentials 

9 information; and 

10 (iii) exchange carrier data and com11 mercial vehicle safety and credentials infor12 mation within the State and connect to 

13 Safety and Fitness Electronic Records for 

14 access to interstate carrier and commercial 

15 vehicle data. 

16 (B) INTERSTATE CREDENTIALS ADMINIS17 TRATION.—Interstate credentials administration 

18 to—

19 (i) perform end-to-end processing, in20 cluding carrier application, jurisdiction ap21 plication processing, and credential 

22 issuance, of at least the International Reg23 istration Plan and International Fuel Tax 

24 Agreement credentials and extend this 

25 processing to other credentials, including 
140

•S 1978 RS 

1 intrastate, titling, oversize/overweight, car2 rier registration, and hazardous materials; 

3 (ii) connect to the International Reg4 istration Plan and International Fuel Tax 

5 Agreement clearinghouses; and

6 (iii) have at least 10 percent of the 

7 transaction volume handled electronically, 

8 and have the capability to add more car9 riers and to extend to branch offices where 

10 applicable. 

11 (C) ROADSIDE SCREENING.—Roadside 

12 electronic screening to electronically screen 

13 transponder-equipped commercial vehicles at a 

14 minimum of 1 fixed or mobile inspection sites 

15 and to replicate this screening at other sites. 

16 (4) EXPANDED DEPLOYMENT.—The term ‘‘ex17 panded deployment’’ means the deployment of sys18 tems in a State that exceed the requirements of an 

19 core deployment of commercial vehicle information 

20 systems and networks, improve safety and the pro21 ductivity of commercial vehicle operations, and en22 hance transportation security. 

23 SEC. 242. OUTREACH AND EDUCATION. 

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

25 through the National Highway Traffic Safety Administra-
141

•S 1978 RS 

1 tion and the Federal Motor Carrier Safety Administration, 

2 may undertake outreach and education initiatives, includ3 ing the ‘‘Share the Road Safely’’ program, that may re4 duce the number of highway accidents, injuries, and fatali5 ties involving commercial motor vehicles. The Secretary 

6 may not use funds authorized by this subtitle for the 

7 ‘‘Safety Is Good Business’’ program. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Secretary for fis10 cal year 2004 to carry out this section—

11 (1) $250,000 for the Federal Motor Carrier 

12 Safety Administration; and 

13 (2) $750,000 for the National Highway Traffic 

14 Safety Administration. 

15 SEC. 243. OPERATION OF RESTRICTED PROPERTY-CAR16 RYING UNITS ON NATIONAL HIGHWAY SYS17 TEM. 

18 (a) RESTRICTED PROPERTY-CARRYING UNIT DE19 FINED.—Section 31111(a) is amended—

20 (1) by redesignating paragraph (3) as para21 graph (4); and 

22 (2) by inserting after paragraph (2) the fol23 lowing: 

24 ‘‘(3) RESTRICTED PROPERTY-CARRYING

25 UNIT.—The term ‘restricted property-carrying unit’ 
142

•S 1978 RS 

1 means any trailer, semi-trailer, container, or other 

2 property-carrying unit that is longer than 53 feet.’’. 

3 (b) PROHIBITION ON OPERATION OF RESTRICTED

4 PROPERTY-CARRYING UNITS.—

5 (1) IN GENERAL.—Section 31111(b)(1)(C) is 

6 amended to read as follows: 

7 ‘‘(C) allows operation on any segment of the 

8 National Highway System, including the Interstate 

9 System, of a restricted property-carrying unit unless 

10 the operation is specified on the list published under 

11 subsection (h);’’. 

12 (2) EFFECTIVE DATE.—The amendment made 

13 by paragraph (1) shall take effect 270 days after the 

14 date of enactment of this subsection. 

15 (c) LIMITATIONS.—Section 31111 is amended by 

16 adding at the end the following: 

17 ‘‘(h) RESTRICTED PROPERTY-CARRYING UNITS.—

18 ‘‘(1) APPLICABILITY OF PROHIBITION.—

19 ‘‘(A) IN GENERAL.—Notwithstanding sub20 section (b)(1)(C), a restricted property-carrying 

21 unit may continue to operate on a segment of 

22 the National Highway System if the operation 

23 of such unit is specified on the list published 

24 under paragraph (2). 
143

•S 1978 RS 

1 ‘‘(B) APPLICABILITY OF STATE LAWS AND

2 REGULATIONS.—All operations specified on the 

3 list published under paragraph (2) shall con4 tinue to be subject to all State statutes, regula5 tions, limitations and conditions, including rout6 ing-specific, commodity-specific, and configura7 tion-specific designations and all other restric8 tions, in force on June 1, 2003. 

9 ‘‘(C) FIRE-FIGHTING UNITS.—Subsection 

10 (b)(1)(C) shall not apply to the operation of a 

11 restricted property-carrying unit that is used 

12 exclusively for fire-fighting. 

13 ‘‘(2) LISTING OF RESTRICTED PROPERTY-CAR14 RYING UNITS.—

15 ‘‘(A) IN GENERAL.—Not later than 60 

16 days after the date of enactment of this sub17 section, the Secretary shall initiate a proceeding 

18 to determine and publish a list of restricted 

19 property-carrying units that were authorized by 

20 State officials pursuant to State statute or reg21 ulation on June 1, 2003, and in actual and law22 ful operation on a regular or periodic basis (in23 cluding seasonal operations) on or before June 

24 1, 2003. 
144

•S 1978 RS 

1 ‘‘(B) LIMITATION.—A restricted property2 carrying unit may not be included on the list 

3 published under subparagraph (A) on the basis 

4 that a State law or regulation could have au5 thorized the operation of the unit at some prior 

6 date by permit or otherwise. 

7 ‘‘(C) PUBLICATION OF FINAL LIST.—Not 

8 later than 270 days after the date of enactment 

9 of this subsection, the Secretary shall publish a 

10 final list of restricted property-carrying units 

11 described in subparagraph (A). 

12 ‘‘(D) UPDATES.—The Secretary shall up13 date the list published under subparagraph (C) 

14 as necessary to reflect new designations made 

15 to the National Highway System. 

16 ‘‘(3) APPLICABILITY OF PROHIBITION.—The 

17 prohibition established by subsection (b)(1)(C) shall 

18 apply to any new designation made to the National 

19 Highway System and remain in effect on those por20 tions of the National Highway System that cease to 

21 be designated as part of the National Highway Sys22 tem. 

23 ‘‘(4) LIMITATION ON STATUTORY CONSTRUC24 TION.—This subsection does not prevent a State 

25 from further restricting in any manner or prohib-
145

•S 1978 RS 

1 iting the operation of a restricted property-carrying 

2 unit; except that such restrictions or prohibitions 

3 shall be consistent with the requirements of this sec4 tion and sections 31112 through 31114.’’. 

5 (d) ENFORCEMENT.—The second sentence of section 

6 141(a) of title 23, United States Code, is amended by

7 striking ‘‘section 31112’’ and inserting ‘‘sections 31111 

8 and 31112’’. 

9 SEC. 244. OPERATION OF LONGER COMBINATION VEHICLES 

10 ON NATIONAL HIGHWAY SYSTEM. 

11 (a) IN GENERAL.—Section 31112 is amended—

12 (1) by redesignating subsections (f) and (g) as 

13 subsections (g) and (h), respectively; and

14 (2) by inserting after subsection (e) the fol15 lowing: 

16 ‘‘(f) NATIONAL HIGHWAY SYSTEM.—

17 ‘‘(1) GENERAL RULE.—A State may not allow, 

18 on a segment of the National Highway System that 

19 is not covered under subsection (b) or (c), the oper20 ation of a commercial motor vehicle combination (ex21 cept a vehicle or load that cannot be dismantled eas22 ily or divided easily and that has been issued a spe23 cial permit under applicable State law) with more 

24 than 1 property-carrying unit (not including the 
146

•S 1978 RS 

1 truck tractor) whose property-carrying units are 

2 more than—

3 ‘‘(A) the maximum combination trailer, 

4 semitrailer, or other type of length limitation al5 lowed by law or regulation of that State on 

6 June 1, 2003; or 

7 ‘‘(B) the length of the property-carrying 

8 units of those commercial motor vehicle com9 binations, by specific configuration, in actual 

10 and lawful operation on a regular or periodic 

11 basis (including continuing seasonal operation) 

12 in that State on or before June 1, 2003. 

13 ‘‘(2) ADDITIONAL LIMITATIONS.—

14 ‘‘(A) APPLICABILITY OF STATE RESTRIC15 TIONS.—A commercial motor vehicle combina16 tion whose operation in a State is not prohib17 ited under paragraph (1) may continue to oper18 ate in the State on highways described in para19 graph (1) only in compliance with all State 

20 laws, regulations, limitations, and conditions, 

21 including routing-specific and configuration-spe22 cific designations and all other restrictions in 

23 force in the State on June 1, 2003. Subject to 

24 regulations prescribed by the Secretary under 

25 subsection (h), the State may make minor ad-
147

•S 1978 RS 

1 justments of a temporary and emergency nature 

2 to route designations and vehicle operating re3 strictions in effect on June 1, 2003, for specific 

4 safety purposes and road construction. 

5 ‘‘(B) ADDITIONAL STATE RESTRICTIONS.—

6 This subsection does not prevent a State from 

7 further restricting in any manner or prohibiting 

8 the operation of a commercial motor vehicle 

9 combination subject to this section, except that 

10 such restrictions or prohibitions shall be con11 sistent with this section and sections 31113(a), 

12 31113(b), and 31114. 

13 ‘‘(C) MINOR ADJUSTMENTS.—A State 

14 making a minor adjustment of a temporary and 

15 emergency nature as authorized by subpara16 graph (A) or further restricting or prohibiting 

17 the operation of a commercial motor vehicle 

18 combination as authorized by subparagraph (B) 

19 shall advise the Secretary not later than 30 

20 days after the action. The Secretary shall pub21 lish a notice of the action in the Federal Reg22 ister. 

23 ‘‘(3) LIST OF STATE LENGTH LIMITATIONS.—

24 ‘‘(A) STATE SUBMISSIONS.—Not later than 

25 60 days after the date of enactment of the 
148

•S 1978 RS 

1 Motor Carrier Safety Reauthorization Act of 

2 2003, each State shall submit to the Secretary 

3 for publication a complete list of State length 

4 limitations applicable to commercial motor vehi5 cle combinations operating in the State on the 

6 highways described in paragraph (1). The list 

7 shall indicate the applicable State laws and reg8 ulations associated with the length limitations. 

9 If a State does not submit the information as 

10 required, the Secretary shall complete and file 

11 the information for the State. 

12 ‘‘(B) PUBLICATION OF INTERIM LIST.—

13 Not later than 90 days after the date of enact14 ment of the Motor Carrier Safety Reauthoriza15 tion Act of 2003, the Secretary shall publish an 

16 interim list in the Federal Register consisting 

17 of all information submitted under subpara18 graph (A). The Secretary shall review for accu19 racy all information submitted by a State under 

20 subparagraph (A) and shall solicit and consider 

21 public comment on the accuracy of the informa22 tion. 

23 ‘‘(C) LIMITATION.—A law or regulation 

24 may not be included on the list submitted by a 

25 State or published by the Secretary merely be-
149

•S 1978 RS 

1 cause it authorized, or could have authorized, 

2 by permit or otherwise, the operation of com3 mercial motor vehicle combinations not in ac4 tual operation on a regular or periodic basis on 

5 or before June 1, 2003. 

6 ‘‘(D) PUBLICATION OF FINAL LIST.—Ex7 cept as revised under this subparagraph or sub8 paragraph (E), the list shall be published as 

9 final in the Federal Register not later than 270 

10 days after the date of enactment of the Motor 

11 Carrier Safety Reauthorization Act of 2003. In 

12 publishing the final list, the Secretary shall 

13 make any revisions necessary to correct inac14 curacies identified under subparagraph (B). 

15 After publication of the final list, commercial 

16 motor vehicle combinations prohibited under 

17 paragraph (1) may not operate on a highway 

18 described in paragraph (1) except as published 

19 on the list. 

20 ‘‘(E) INACCURACIES.—On the Secretary’s 

21 own motion or on request by any person (in22 cluding a State), the Secretary shall review the 

23 list published under subparagraph (D). If the 

24 Secretary decides there is reason to believe a 

25 mistake was made in the accuracy of the list, 
150

•S 1978 RS 

1 the Secretary shall begin a proceeding to decide 

2 whether a mistake was made. If the Secretary 

3 decides there was a mistake, the Secretary shall 

4 publish the correction.’’. 

5 (b) CONFORMING AMENDMENTS.—Section 31112 is 

6 amended—

7 (1) by inserting ‘‘126(e) or’’ before ‘‘127(d)’’ in 

8 subsection (g)(1) (as redesignated by subsection (a) 

9 of this section); 

10 (2) by inserting ‘‘(or June 1, 2003, with respect 

11 to highways described in subsection (f)(1))’’ after 

12 ‘‘June 2, 1991’’ in subsection (g)(3) (as redesig13 nated by subsection (a) of this section); and 

14 (3) by striking ‘‘Not later than June 15, 1992, 

15 the Secretary’’ in subsection (h)(2) (as redesignated 

16 by subsection (a) of this section) and inserting ‘‘The 

17 Secretary’’; and 

18 (4) by inserting ‘‘or (f)’’ in subsection (h)(2) 

19 (as redesignated by subsection (a) of this section) 

20 after ‘‘subsection (d)’’. 

21 SEC. 245. APPLICATION OF SAFETY STANDARDS TO CER22 TAIN FOREIGN MOTOR CARRIERS. 

23 (a) APPLICATION OF SAFETY STANDARDS.—Section 

24 30112 is amended—
151

•S 1978 RS 

1 (1) by striking ‘‘person’’ in subsection (a) and 

2 inserting ‘‘person, including a foreign motor car3 rier,’’; and 

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

5 ‘‘(c) DEFINITIONS.—In this section:

6 ‘‘(1) FOREIGN MOTOR CARRIER.—The term 

7 ‘foreign motor carrier’ has the meaning given that 

8 term in section 13102 of this title. 

9 ‘‘(2) IMPORT.—The term ‘import’ means trans10 port by any means into the United States, on a per11 manent or temporary basis, including the transpor12 tation of a motor vehicle into the United States for 

13 the purpose of providing the transportation of cargo 

14 or passengers.’’. 

15 (b) REQUIREMENT FOR CERTIFICATE OF COMPLI16 ANCE.—Section 30115 is amended by adding at the end 

17 the following: 

18 ‘‘(c) APPLICATION TO FOREIGN MOTOR CARRIERS.—

19 ‘‘(1) IN GENERAL.—The requirement for certifi20 cation described in subsection (a) shall apply to a 

21 foreign motor carrier that imports a motor vehicle or 

22 motor vehicle equipment into the United States. 

23 Such certification shall be made to the Secretary of 

24 Transportation prior to the import of the vehicle or 

25 equipment. 
152

•S 1978 RS 

1 ‘‘(2) DEFINITIONS.—In this subsection: 

2 ‘‘(A) FOREIGN MOTOR CARRIER.—The 

3 term ‘foreign motor carrier’ has the meaning 

4 given that term in section 13102 of this title. 

5 ‘‘(B) IMPORT.—The term ‘import’ has the 

6 meaning given that term in section 30112 of 

7 this title.’’. 

8 (c) TIME FOR COMPLIANCE.—The amendments made 

9 by sections (a) and (b) shall take effect on September 1, 

10 2004. 

11 SEC. 246. BACKGROUND CHECKS FOR MEXICAN AND CANA12 DIAN DRIVERS HAULING HAZARDOUS MATE13 RIALS. 

14 (a) IN GENERAL.—No commercial motor vehicle op15 erator registered to operate in Mexico or Canada may op16 erate a commercial motor vehicle transporting a hazardous 

17 material in commerce in the United States until the oper18 ator has undergone a background records check similar 

19 to the background records check required for commercial 

20 motor vehicle operators licensed in the United States to 

21 transport hazardous materials in commerce. 

22 (b) DEFINITIONS.—In this section: 

23 (1) HAZARDOUS MATERIALS.—The term ‘‘haz24 ardous material’’ means any material determined by 
153

•S 1978 RS 

1 the Secretary of Transportation to be a hazardous 

2 material for purposes of this section. 

3 (2) COMMERCIAL MOTOR VEHICLE.—The term 

4 ‘‘commercial motor vehicle’’ has the meaning given 

5 that term by section 31101 of title 49, United 

6 States Code. 

7 (c) EFFECTIVE DATE.—This section takes effect on 

8 April 1, 2004. 

9 SEC. 247. EXEMPTION OF DRIVERS OF UTILITY SERVICE VE10 HICLES. 

11 Section 345 of the National Highway System Des12 ignation Act of 1995 (49 U.S.C. 31136 note) is amend13 ed—

14 (1) by striking paragraph (4) of subsection (a) 

15 and inserting the following: 

16 ‘‘(4) DRIVERS OF UTILITY SERVICE VEHI17 CLES.—

18 ‘‘(A) INAPPLICABILITY OF FEDERAL REGU19 LATIONS.—Such regulations may not apply to a 

20 driver of a utility service vehicle. 

21 ‘‘(B) PROHIBITION ON STATE REGULA22 TIONS.—A State, a political subdivision of a 

23 State, an interstate agency, or other entity con24 sisting of 2 or more States, may not enact or 

25 enforce any law, rule, regulation, or standard 
154

•S 1978 RS 

1 that imposes requirements on a driver of a util2 ity service vehicle that are similar to the re3 quirements contained in such regulations.’’; 

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

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

6 nothing’’; and 

7 (3) by striking ‘‘paragraph (2)’’ in the first sen8 tence of subsection (c) and inserting ‘‘an exemption 

9 under paragraph (2) or (4)’’. 

10 SEC. 248. OPERATION OF COMMERCIAL MOTOR VEHICLES 

11 TRANSPORTING AGRICULTURAL COMMOD12 ITIES AND FARM SUPPLIES. 

13 (a) EXEMPTION FROM HOURS-OF-SERVICE RE14 QUIREMENTS.—

15 (1) IN GENERAL.—Section 345(c) of the Na16 tional Highway System Designation Act of 1995 (49 

17 U.S.C. 31136 note), as amended by section 247(3) 

18 of this Act, is amended by striking ‘‘paragraph (2) 

19 or (4)’’ and inserting ‘‘paragraph (1), (2), or (4) of 

20 that subsection)’’. 

21 (2) APPLICABILITY.—The exemption provided 

22 by section 345(a)(1) of the National Highway Sys23 tem Designation Act of 1995 (49 U.S.C. 31136 

24 note) shall apply to a person transporting agricul25 tural commodities or farm supplies for agricultural 
155

•S 1978 RS 

1 purposes under that section on and after the date of 

2 enactment of this Act regardless of any action taken 

3 by the Secretary of Transportation under section 

4 345(c) of that Act before the date of enactment of 

5 this Act. 

6 (b) DEFINITION OF AGRICULTURAL COMMODITY.—

7 Section 345(e) of the National Highway System Designa8 tion Act of 1995 (49 U.S.C. 31136 note) is amended—

9 (1) by redesignating paragraphs (3), (4), (5), 

10 and (6) as paragraphs (5), (6), (4), and (7), respec11 tively, and moving the paragraphs so as to appear 

12 in numerical order; and 

13 (2) by inserting after paragraph (2) the fol14 lowing: 

15 ‘‘(3) AGRICULTURAL COMMODITY.—The term 

16 ‘agricultural commodity’ has the meaning given the 

17 term in section 102 of the Agricultural Trade Act of 

18 1978 (7 U.S.C. 5602).’’. 

19 Subtitle B—Unified Carrier 

20 Registration 

21 SEC. 261. SHORT TITLE. 

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

23 Registration Act of 2003’’. 
156

•S 1978 RS 

1 SEC. 262. RELATIONSHIP TO OTHER LAWS. 

2 Except as provided in section 14504 of title 49, 

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

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

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

6 political subdivision of any State from enacting, imposing,

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

8 carrier, motor private carrier, broker, freight forwarder, 

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

10 SEC. 263. INCLUSION OF MOTOR PRIVATE AND EXEMPT 

11 CARRIERS. 

12 (a) PERSONS REGISTERED TO PROVIDE TRANSPOR13 TATION OR SERVICE AS A MOTOR CARRIER OR MOTOR

14 PRIVATE CARRIER.—Section 13905 is amended by—

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

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

17 and 

18 (2) inserting after subsection (a) the following: 

19 ‘‘(b) PERSON REGISTERED WITH SECRETARY.—Any 

20 person having registered with the Secretary to provide 

21 transportation or service as a motor carrier or motor pri22 vate carrier under this title, as in effect on January 1, 

23 2002, but not having registered pursuant to section 

24 13902(a) of this title, shall be deemed, for purposes of 

25 this part, to be registered to provide such transportation 
157

•S 1978 RS 

1 or service for purposes of sections 13908 and 14504a of 

2 this title.’’. 

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

4 amended by—

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

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

7 (2) inserting the following: 

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

9 120 days after the date of enactment of the Unified 

10 Carrier Registration Act of 2003, any person, other 

11 than a motor private carrier, registered with the 

12 Secretary to provide transportation or service as a 

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

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

15 or other type of security approved by the Secretary, 

16 in an amount not less than required by sections 

17 31138 and 31139 of this title.’’. 

18 SEC. 264. UNIFIED CARRIER REGISTRATION SYSTEM. 

19 (a) Section 13908 is amended to read as follows: 

20 ‘‘§ 13908. Registration and other reforms 

21 ‘‘(a) ESTABLISHMENT OF UNIFIED CARRIER REG22 ISTRATION SYSTEM.—The Secretary, in cooperation with 

23 the States, representatives of the motor carrier, motor pri24 vate carrier, freight forwarder and broker industries, and 

25 after notice and opportunity for public comment, shall 
158

•S 1978 RS 

1 issue within 1 year after the date of enactment of the Uni2 fied Carrier Registration Act of 2003 regulations to estab3 lish, an online, Federal registration system to be named 

4 the Unified Carrier Registration System to replace—

5 ‘‘(1) the current Department of Transportation 

6 identification number system, the Single State Reg7 istration System under section 14504 of this title; 

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

9 chapter and the financial responsibility information 

10 system under section 13906; and 

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

12 sections 503 and 13304 of this title. 

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

14 INFORMATION.—The Unified Carrier Registration System 

15 shall serve as a clearinghouse and depository of informa16 tion on, and identification of, all foreign and domestic 

17 motor carriers, motor private carriers, brokers, and freight 

18 forwarders, and others required to register with the De19 partment, including information with respect to a carrier’s 

20 safety rating, compliance with required levels of financial 

21 responsibility, and compliance with the provisions of sec22 tion 14504a of this title. The Secretary shall ensure that 

23 Federal agencies, States, representatives of the motor car24 rier industry, and the public have access to the Unified 
159

•S 1978 RS 

1 Carrier Registration System, including the records and in2 formation contained in the System. 

3 ‘‘(c) PROCEDURES FOR CORRECTING INFORMA4 TION.—Not later than 60 days after the effective date of 

5 this section, the Secretary shall prescribe regulations es6 tablishing procedures that enable a motor carrier to cor7 rect erroneous information contained in any part of the 

8 Unified Carrier Registration System. 

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

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

11 Carrier Registration System according to the following 

12 guidelines: 

13 ‘‘(1) REGISTRATION AND FILING EVIDENCE OF

14 FINANCIAL RESPONSIBILITY.—The fee for new reg15 istrants shall as nearly as possible cover the costs of 

16 processing the registration and conducting the safety 

17 audit or examination, if required, but shall not ex18 ceed $300. 

19 ‘‘(2) EVIDENCE OF FINANCIAL RESPONSI20 BILITY.—The fee for filing evidence of financial re21 sponsibility pursuant to this section shall not exceed 

22 $10 per filing. No fee shall be charged for a filing 

23 for purposes of designating an agent for service of 

24 process or the filing of other information relating to 

25 financial responsibility. 
160

•S 1978 RS 

1 ‘‘(3) ACCESS AND RETRIEVAL FEES.—

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

3 subparagraph (B), the fee system shall include 

4 a nominal fee for the access to or retrieval of 

5 information from the Unified Carrier Registra6 tion System to cover the costs of operating and 

7 upgrading the System, including the personnel 

8 costs incurred by the Department and the costs 

9 of administration of the Unified Carrier Reg10 istration Agreement. 

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

12 charged—

13 ‘‘(i) to any agency of the Federal Gov14 ernment or a State government or any po15 litical subdivision of any such government 

16 for the access to or retrieval of information 

17 and data from the Unified Carrier Reg18 istration System for its own use; or 

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

20 carrier, motor private carrier, leasing com21 pany, broker, or freight forwarder (as each 

22 is defined in section 14504a of this title) 

23 for the access to or retrieval of the indi24 vidual information related to such entity 
161

•S 1978 RS 

1 from the Unified Carrier Registration Sys2 tem for the individual use of such entity.’’. 

3 SEC. 265. REGISTRATION OF MOTOR CARRIERS BY STATES. 

4 (a) TERMINATION OF REGISTRATION PROVISIONS.—

5 Section 14504 is amended by adding at the end the fol6 lowing:

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

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

9 1st occurring more than 12 months after the date of en10 actment of the Unified Carrier Registration Act of 2003.’’. 

11 (b) UNIFIED CARRIER REGISTRATION SYSTEM PLAN

12 AND AGREEMENT.—Chapter 145 is amended by inserting 

13 after section 14504 the following: 

14 ‘‘§ 14504a. Unified carrier registration system plan 

15 and agreement 

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

17 14506 of this title: 

18 ‘‘(1) COMMERCIAL MOTOR VEHICLE.—

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

20 subparagraph (B), the term ‘commercial motor 

21 vehicle’ has the meaning given the term in sec22 tion 31101 of this title. 

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

24 carriers required to make any filing or pay any 

25 fee to a State with respect to the motor car-
162

•S 1978 RS 

1 rier’s authority or insurance related to oper2 ation within such State, the term ‘commercial 

3 motor vehicle’ means any self-propelled vehicle 

4 used on the highway in commerce to transport 

5 passengers or property for compensation re6 gardless of the gross vehicle weight rating of 

7 the vehicle or the number of passengers trans8 ported by such vehicle. 

9 ‘‘(2) BASE-STATE.—

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

11 means, with respect to the Unified Carrier Reg12 istration Agreement, a State—

13 ‘‘(i) that is in compliance with the re14 quirements of subsection (e); and 

15 ‘‘(ii) in which the motor carrier, motor 

16 private carrier, broker, freight forwarder or 

17 leasing company maintains its principal 

18 place of business. 

19 ‘‘(B) DESIGNATION OF BASE-STATE.—A 

20 motor carrier, motor private carrier, broker, 

21 freight forwarder or leasing company may des22 ignate another State in which it maintains an 

23 office or operating facility as its Base-State in 

24 the event that—
163

•S 1978 RS 

1 ‘‘(i) the State in which the motor car2 rier, motor private carrier, broker, freight 

3 forwarder or leasing company maintains its 

4 principal place of business is not in compli5 ance with the requirements of subsection 

6 (e); or 

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

8 carrier, broker, freight forwarder or leasing 

9 company does not have a principal place of 

10 business in the United States. 

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

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

13 including per vehicle fees and gross receipts taxes, 

14 imposed on a motor carrier or motor private carrier 

15 for the renewal of the intrastate authority or insur16 ance filings of such carrier with a State. 

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

18 company’ means a lessor that is engaged in the busi19 ness of leasing or renting for compensation motor 

20 vehicles without drivers to a motor carrier, motor 

21 private carrier, or freight forwarder. 

22 ‘‘(5) MOTOR CARRIER.—The term ‘motor car23 rier’ has the meaning given the term in section 

24 13102(12) of this title, but shall include all carriers 

25 that are otherwise exempt from the provisions of 
164

•S 1978 RS 

1 part B of this title pursuant to the provisions of 

2 chapter 135 of this title or exemption actions by the 

3 former Interstate Commerce Commission under this 

4 title. 

5 ‘‘(6) PARTICIPATING STATE.—The term ‘par6 ticipating state’ means a State that has complied 

7 with the requirements of subsection (e) of this sec8 tion. 

9 ‘‘(7) SSRS.—The term ‘SSRS’ means the Sin10 gle State Registration System in effect on the date 

11 of enactment of the Unified Carrier Registration Act 

12 of 2003. 

13 ‘‘(8) UNIFIED CARRIER REGISTRATION AGREE14 MENT.—The terms ‘Unified Carrier Registration 

15 Agreement’ and ‘UCR Agreement’ mean the inter16 state agreement developed under the Unified Carrier 

17 Registration Plan governing the collection and dis18 tribution of registration and financial responsibility 

19 information provided and fees paid by motor car20 riers, motor private carriers, brokers, freight for21 warders and leasing companies pursuant to this sec22 tion. 

23 ‘‘(9) UNIFIED CARRIER REGISTRATION PLAN.—

24 The terms ‘Unified Carrier Registration Plan’ and 

25 ‘UCR Plan’ mean the organization of State, Federal 
165

•S 1978 RS 

1 and industry representatives responsible for devel2 oping, implementing and administering the Unified 

3 Carrier Registration Agreement. 

4 ‘‘(10) VEHICLE REGISTRATION.—The term ‘ve5 hicle registration’ means the registration of any 

6 commercial motor vehicle under the International 

7 Registration Plan or any other registration law or 

8 regulation of a jurisdiction. 

9 ‘‘(b) APPLICABILITY OF PROVISIONS TO FREIGHT

10 FORWARDERS.—A freight forwarder that operates com11 mercial motor vehicles and is not required to register as 

12 a carrier pursuant to section 13903(b) of this title shall 

13 be subject to the provisions of this section as if a motor 

14 carrier. 

15 ‘‘(c) UNREASONABLE BURDEN.—For purposes of 

16 this section, it shall be considered an unreasonable burden 

17 upon interstate commerce for any State or any political 

18 subdivision of a State, or any political authority of 2 or 

19 more States—

20 ‘‘(1) to enact, impose, or enforce any require21 ment or standards, or levy any fee or charge on any 

22 interstate motor carrier or interstate motor private 

23 carrier in connection with—
166

•S 1978 RS 

1 ‘‘(A) the registration with the State of the 

2 interstate operations of a motor carrier or 

3 motor private carrier; 

4 ‘‘(B) the filing with the State of informa5 tion relating to the financial responsibility of a 

6 motor carrier or motor private carrier pursuant 

7 to sections 31138 or 31139 of this title;

8 ‘‘(C) the filing with the State of the name 

9 of the local agent for service of process of a 

10 motor carrier or motor private carrier pursuant 

11 to sections 503 or 13304 of this title; or 

12 ‘‘(D) the annual renewal of the intrastate 

13 authority, or the insurance filings, of a motor 

14 carrier or motor private carrier, or other intra15 state filing requirement necessary to operate 

16 within the State, if the motor carrier or motor 

17 private carrier is—

18 ‘‘(i) registered in compliance with sec19 tion 13902 or section 13905(b) of this 

20 title; and 

21 ‘‘(ii) in compliance with the laws and 

22 regulations of the State authorizing the 

23 carrier to operate in the State pursuant to 

24 section 14501(c)(2)(A) of this title 

25 except with respect to—
167

•S 1978 RS 

1 ‘‘(I) intrastate service provided 

2 by motor carriers of passengers that 

3 is not subject to the preemptive provi4 sions of section 14501(a) of this title, 

5 ‘‘(II) motor carriers of property, 

6 motor private carriers, brokers, or 

7 freight forwarders, or their services or 

8 operations, that are described in sub9 paragraphs (B) and (C) of section 

10 14501(c)(2) and section 14506(c)(3) 

11 or permitted pursuant to section 

12 14506(b) of this title, and 

13 ‘‘(III) the intrastate transpor14 tation of waste or recycables by any 

15 carrier); or 

16 ‘‘(2) to require any interstate motor carrier or 

17 motor private carrier to pay any fee or tax, not pro18 scribed by paragraph (1)(D) of this subsection, that 

19 a motor carrier or motor private carrier that pays a 

20 fee which is proscribed by that paragraph is not re21 quired to pay. 

22 ‘‘(d) UNIFIED CARRIER REGISTRATION PLAN.—

23 ‘‘(1) BOARD OF DIRECTORS.—

24 ‘‘(A) GOVERNANCE OF PLAN.—The Uni25 fied Carrier Registration Plan shall be governed 
168

•S 1978 RS 

1 by a Board of Directors consisting of represent2 atives of the Department of Transportation, 

3 Participating States, and the motor carrier in4 dustry. 

5 ‘‘(B) NUMBER.—The Board shall consist 

6 of 15 directors. 

7 ‘‘(C) COMPOSITION.—The Board shall be 

8 composed of directors appointed as follows: 

9 ‘‘(i) FEDERAL MOTOR CARRIER SAFE10 TY ADMINISTRATION.—The Secretary shall 

11 appoint 1 director from each of the Fed12 eral Motor Carrier Safety Administration’s 

13 4 Service Areas (as those areas were de14 fined by the Federal Motor Carrier Safety 

15 Administration on January 1, 2003), from 

16 among the chief administrative officers of 

17 the State agencies responsible for over18 seeing the administration of the UCR 

19 Agreement. 

20 ‘‘(ii) STATE AGENCIES.—The Sec21 retary shall appoint 5 directors from the 

22 professional staffs of State agencies re23 sponsible for overseeing the administration 

24 of the UCR Agreement in their respective 

25 States. Nominees for these 5 directorships 
169

•S 1978 RS 

1 shall be submitted to the Secretary by the 

2 national association of professional employ3 ees of the State agencies responsible for 

4 overseeing the administration of the UCR 

5 Agreement in their respective States. 

6 ‘‘(iii) MOTOR CARRIER INDUSTRY.—

7 The Secretary shall appoint 5 directors 

8 from the motor carrier industry. At least 1 

9 of the appointees shall be an employee of 

10 the national trade association representing 

11 the general motor carrier of property in12 dustry. 

13 ‘‘(iv) DEPARTMENT OF TRANSPOR14 TATION.—The Secretary shall appoint the 

15 Deputy Administrator of the Federal 

16 Motor Carrier Safety Administration, or 

17 such other presidential appointee from the 

18 United States Department of Transpor19 tation, as the Secretary may designate, to 

20 serve as a director. 

21 ‘‘(D) CHAIRPERSON AND VICE-CHAIR22 PERSON.—The Secretary shall designate 1 di23 rector as Chairperson and 1 director as Vice24 Chairperson of the Board. The Chairperson and 
170

•S 1978 RS 

1 Vice-Chairperson shall serve in such capacity 

2 for the term of their appointment as directors. 

3 ‘‘(E) TERM.—In appointing the initial 

4 Board, the Secretary shall designate 5 of the 

5 appointed directors for initial terms of 3 years, 

6 5 of the appointed directors for initial terms of 

7 2 years, and 5 of the appointed directors for 

8 initial terms of 1 year. Thereafter, all directors 

9 shall be appointed for terms of 3 years, except 

10 that the term of the Deputy Administrator or 

11 other individual designated by the Secretary 

12 under subparagraph (C)(iv) shall be at the dis13 cretion of the Secretary. A director may be ap14 pointed to succeed himself or herself. A director 

15 may continue to serve on the Board until his or 

16 her successor is appointed. 

17 ‘‘(2) RULES AND REGULATIONS GOVERNING

18 THE UCR AGREEMENT.—The Board of Directors 

19 shall develop the rules and regulations to govern the 

20 UCR Agreement and submit such rules and regula21 tions to the Secretary for approval and adoption. 

22 The rules and regulations shall—

23 ‘‘(A) prescribe uniform forms and formats, 

24 for—
171

•S 1978 RS 

1 ‘‘(i) the annual submission of the in2 formation required by a Base-State of a 

3 motor carrier, motor private carrier, leas4 ing company, broker, or freight forwarder; 

5 ‘‘(ii) the transmission of information 

6 by a Participating State to the Unified 

7 Carrier Registration System;

8 ‘‘(iii) the payment of excess fees by a 

9 State to the designated depository and the 

10 distribution of fees by the depository to 

11 those States so entitled; and 

12 ‘‘(iv) the providing of notice by a 

13 motor carrier, motor private carrier, 

14 broker, freight forwarder, or leasing com15 pany to the Board of the intent of such en16 tity to change its Base-State, and the pro17 cedures for a State to object to such a 

18 change under subparagraph (C) of this 

19 paragraph; 

20 ‘‘(B) provide for the administration of the 

21 Unified Carrier Registration Agreement, includ22 ing procedures for amending the Agreement 

23 and obtaining clarification of any provision of 

24 the Agreement; 
172

•S 1978 RS 

1 ‘‘(C) provide procedures for dispute resolu2 tion that provide due process for all involved 

3 parties; and 

4 ‘‘(D) designate a depository. 

5 ‘‘(3) COMPENSATION AND EXPENSES.—Except 

6 for the representative of the Department of Trans7 portation appointed pursuant to paragraph 1(D), no 

8 director shall receive any compensation or other ben9 efits from the Federal Government for serving on 

10 the Board or be considered a Federal employee as 

11 a result of such service. All Directors shall be reim12 bursed for expenses they incur attending duly called 

13 meetings of the Board. In addition, the Board may 

14 approve the reimbursement of expenses incurred by 

15 members of any subcommittee or task force ap16 pointed pursuant to paragraph (5). The reimburse17 ment of expenses to directors and subcommittee and 

18 task force members shall be based on the then appli19 cable rules of the General Service Administration 

20 governing reimbursement of expenses for travel by 

21 Federal employees. 

22 ‘‘(4) MEETINGS.—

23 ‘‘(A) IN GENERAL.—The Board shall meet 

24 at least once per year. Additional meetings may 

25 be called, as needed, by the Chairperson of the 
173

•S 1978 RS 

1 Board, a majority of the directors, or the Sec2 retary. 

3 ‘‘(B) QUORUM.—A majority of directors 

4 shall constitute a quorum. 

5 ‘‘(C) VOTING.—Approval of any matter be6 fore the Board shall require the approval of a 

7 majority of all directors present at the meeting. 

8 ‘‘(D) OPEN MEETINGS.—Meetings of the 

9 Board and any subcommittees or task forces 

10 appointed pursuant to paragraph (5) of this 

11 section shall be subject to the provisions of sec12 tion 552b of title 5. 

13 ‘‘(5) SUBCOMMITTEES.—

14 ‘‘(A) INDUSTRY ADVISORY SUB15 COMMITTEE.—The Chairperson shall appoint 

16 an Industry Advisory Subcommittee. The In17 dustry Advisory Subcommittee shall consider 

18 any matter before the Board and make rec19 ommendations to the Board. 

20 ‘‘(B) OTHER SUBCOMMITTEES.—The 

21 Chairperson shall appoint an Audit Sub22 committee, a Dispute Resolution Subcommittee, 

23 and any additional subcommittees and task 

24 forces that the Board determines to be nec25 essary. 
174

•S 1978 RS 

1 ‘‘(C) MEMBERSHIP.—The chairperson of 

2 each subcommittee shall be a director. The 

3 other members of subcommittees and task 

4 forces may be directors or non-directors. 

5 ‘‘(D) REPRESENTATION ON SUBCOMMIT6 TEES.—Except for the Industry Advisory Sub7 committee (the membership of which shall con8 sist solely of representatives of entities subject 

9 to the fee requirements of subsection (f) of this 

10 section), each subcommittee and task force shall 

11 include representatives of the Federal Motor 

12 Carrier Safety Administration, the Partici13 pating States, and the motor carrier industry. 

14 ‘‘(6) DELEGATION OF AUTHORITY.—The Board 

15 may contract with any private commercial or non16 profit entity or any agency of a State to perform ad17 ministrative functions required under the Unified 

18 Carrier Registration Agreement, but may not dele19 gate its decision or policy-making responsibilities. 

20 ‘‘(7) DETERMINATION OF FEES.—The Board 

21 shall determine the annual fees to be assessed car22 riers, leasing companies, brokers, and freight for23 warders pursuant to the Unified Carrier Registra24 tion Agreement. In determining the level of fees to 
175

•S 1978 RS 

1 be assessed in the next Agreement year, the Board 

2 shall consider—

3 ‘‘(A) the administrative costs associated 

4 with the Unified Carrier Registration Plan and 

5 the Agreement; 

6 ‘‘(B) whether the revenues generated in 

7 the previous year and any surplus or shortage 

8 from that or prior years enable the Partici9 pating States to achieve the revenue levels set 

10 by the Board; and 

11 ‘‘(C) the parameters for fees set forth in 

12 subsection (f)(1). 

13 ‘‘(8) LIABILITY PROTECTIONS FOR DIREC14 TORS.—No individual appointed to serve on the 

15 Board shall be liable to any other director or to any 

16 other party for harm, either economic or non-eco17 nomic, caused by an act or omission of the indi18 vidual arising from the individual’s service on the 

19 Board if—

20 ‘‘(A) the individual was acting within the 

21 scope of his or her responsibilities as a director; 

22 and 

23 ‘‘(B) the harm was not caused by willful or 

24 criminal misconduct, gross negligence, reckless 

25 misconduct, or a conscious, flagrant indiffer-
176

•S 1978 RS 

1 ence to the right or safety of the party harmed 

2 by the individual. 

3 ‘‘(9) INAPPLICABILITY OF FEDERAL ADVISORY

4 COMMITTEE ACT.—The Federal Advisory Committee 

5 Act (5 U.S.C. App.) shall not apply to the Unified 

6 Carrier Registration Plan or its committees. 

7 ‘‘(10) CERTAIN FEES NOT AFFECTED.—This 

8 section does not limit the amount of money a State

9 may charge for vehicle registration or the amount 

10 of any fuel use tax a State may impose pursuant 

11 to the International Fuel Tax Agreement. 

12 ‘‘(e) STATE PARTICIPATION.—

13 ‘‘(1) STATE PLAN.—No State shall be eligible 

14 to participate in the Unified Carrier Registration 

15 Plan or to receive any revenues derived under the 

16 Agreement, unless the State submits to the Sec17 retary, not later than 3 years after the date of en18 actment of the Unified Carrier Registration Act of 

19 2003, a plan—

20 ‘‘(A) identifying the State agency that has 

21 or will have the legal authority, resources, and 

22 qualified personnel necessary to administer the 

23 Unified Carrier Registration Agreement in ac24 cordance with the rules and regulations promul-
177

•S 1978 RS 

1 gated by the Board of Directors of the Unified 

2 Carrier Registration Plan; and 

3 ‘‘(B) containing assurances that an 

4 amount at least equal to the revenue derived by 

5 the State from the Unified Carrier Registration 

6 Agreement shall be used for motor carrier safe7 ty programs, enforcement, and financial respon8 sibility, or the administration of the UCR Plan 

9 and UCR Agreement. 

10 ‘‘(2) AMENDED PLANS.—A State may change 

11 the agency designated in the plan submitted under 

12 this subsection by filing an amended plan with the 

13 Secretary and the Chairperson of the Unified Car14 rier Registration Plan. 

15 ‘‘(3) WITHDRAWAL OF PLAN.—In the event a 

16 State withdraws, or notifies the Secretary that it is 

17 withdrawing, the plan submitted under this sub18 section, the State may no longer participate in the 

19 Unified Carrier Registration Agreement or receive 

20 any portion of the revenues derived under the Agree21 ment. 

22 ‘‘(4) TERMINATION OF ELIGIBILITY.—If a State 

23 fails to submit a plan to the Secretary as required 

24 by paragraph (1) or withdraws its plan under para25 graph (3), the State shall be prohibited from subse-
178

•S 1978 RS 

1 quently submitting or resubmitting a plan or partici2 pating in the Agreement. 

3 ‘‘(5) PROVISION OF PLAN TO CHAIRPERSON.—

4 The Secretary shall provide a copy of each plan sub5 mitted under this subsection to the initial Chair6 person of the Board of Directors of the Unified Car7 rier Registration Plan not later than 90 days of ap8 pointing the Chairperson. 

9 ‘‘(f) CONTENTS OF UNIFIED CARRIER REGISTRA10 TION AGREEMENT.—The Unified Carrier Registration 

11 Agreement shall provide the following: 

12 ‘‘(1) DETERMINATION OF FEES.—

13 ‘‘(A) Fees charged motor carriers, motor 

14 private carriers, or freight forwarders in con15 nection with the filing of proof of financial re16 sponsibility under the UCR Agreement shall be 

17 based on the number of commercial motor vehi18 cles owned or operated by the motor carrier, 

19 motor private carrier, or freight forwarder. Bro20 kers and leasing companies shall pay the same 

21 fees as the smallest bracket of motor carriers, 

22 motor private carriers, and freight forwarders. 

23 ‘‘(B) The fees shall be determined by the 

24 Board with the approval of the Secretary. 
179

•S 1978 RS 

1 ‘‘(C) The Board shall develop no more 

2 than 6 and no less than 4 ranges of carriers by 

3 size of fleet. 

4 ‘‘(D) The fee scale shall be progressive and 

5 use different vehicle ratios for different ranges 

6 of carrier fleet size. 

7 ‘‘(E) The Board may adjust the fees with8 in a reasonable range on an annual basis if the 

9 revenues derived from the fees—

10 ‘‘(i) are insufficient to provide the rev11 enues to which the States are entitled 

12 under this section; or 

13 ‘‘(ii) exceed those revenues. 

14 ‘‘(2) DETERMINATION OF OWNERSHIP OR OP15 ERATION.—Commercial motor vehicles owned or op16 erated by a motor carrier, motor private carrier, or 

17 freight forwarder shall mean those commercial motor 

18 vehicles registered in the name of the motor carrier, 

19 motor private carrier, or freight forwarder or con20 trolled by the motor carrier, motor private carrier, 

21 or freight forwarder under a long term lease during 

22 a vehicle registration year. 

23 ‘‘(3) CALCULATION OF NUMBER OF COMMER24 CIAL MOTOR VEHICLES OWNED OR OPERATED.—The 

25 number of commercial motor vehicles owned or oper-
180

•S 1978 RS 

1 ated by a motor carrier, motor private carrier, or 

2 freight forwarder for purposes of subsection (e)(1) 

3 shall be based either on the number of commercial 

4 motor vehicles the motor carrier, motor private car5 rier, or freight forwarder has indicated it operates 

6 on its most recently filed MCS–150 or the total 

7 number of such vehicles it owned or operated for the 

8 12-month period ending on June 30 of the year im9 mediately prior to each registration year of the Uni10 fied Carrier Registration System. 

11 ‘‘(4) PAYMENT OF FEES.—Motor carriers, 

12 motor private carriers, leasing companies, brokers, 

13 and freight forwarders shall pay all fees required 

14 under this section to their Base-State pursuant to 

15 the UCR Agreement. 

16 ‘‘(g) PAYMENT OF FEES.—Revenues derived under 

17 the UCR Agreement shall be allocated to Participating 

18 States as follows: 

19 ‘‘(1) A State that participated in the Single 

20 State Registration System in the last calendar year 

21 ending before the date of enactment of the Unified 

22 Carrier Registration Act of 2003 and complies with 

23 the requirements of subsection (e) of this section is 

24 entitled to receive a portion of the UCR Agreement 

25 revenues generated under the Agreement equivalent 
181

•S 1978 RS 

1 to the revenues it received under the SSRS in the 

2 last calendar year ending before the date of enact3 ment of the Unified Carrier Registration Act of 

4 2003, as long as the State continues to comply with 

5 the provisions of subsection (e). 

6 ‘‘(2) A State that collected intrastate registra7 tion fees from interstate motor carriers, interstate 

8 motor private carriers, or interstate exempt carriers

9 and complies with the requirements of subsection (e) 

10 of this section is entitled to receive an additional 

11 portion of the UCR Agreement revenues generated 

12 under the Agreement equivalent to the revenues it 

13 received from such interstate carriers in the last cal14 endar year ending before the date of enactment of 

15 the Unified Carrier Registration Act of 2003, as 

16 long as the State continues to comply with the provi17 sions of subsection (e). 

18 ‘‘(3) States that comply with the requirements 

19 of subsection (e) of this section but did not partici20 pate in SSRS during the last calendar year ending 

21 before the date of enactment of the Unified Carrier 

22 Registration Act of 2003 shall be entitled to an an23 nual allotment not to exceed $500,000 from the 

24 UCR Agreement revenues generated under the 
182

•S 1978 RS 

1 Agreement as long as the State continues to comply 

2 with the provisions of subsection (e). 

3 ‘‘(4) The amount of UCR Agreement revenues 

4 to which a State is entitled under this section shall 

5 be calculated by the Board and approved by the Sec6 retary. 

7 ‘‘(h) DISTRIBUTION OF UCR AGREEMENT REVE8 NUES.—

9 ‘‘(1) ELIGIBILITY.—Each State that is in com10 pliance with the provisions of subsection (e) shall be 

11 entitled to a portion of the revenues derived from 

12 the UCR Agreement in accordance with subsection 

13 (g). 

14 ‘‘(2) ENTITLEMENT TO REVENUES.—A State 

15 that is in compliance with the provisions of sub16 section (e) may retain an amount of the gross reve17 nues it collects from motor carriers, motor private 

18 carriers, brokers, freight forwarders and leasing 

19 companies under the UCR Agreement equivalent to 

20 the portion of revenues to which the State is entitled 

21 under subsection (g). All revenues a Participating 

22 State collects in excess of the amount to which the 

23 State is so entitled shall be forwarded to the deposi24 tory designated by the Board under subsection 

25 (d)(2)(D). 
183

•S 1978 RS 

1 ‘‘(3) DISTRIBUTION OF FUNDS FROM DEPOSI2 TORY.—The excess funds collected in the depository 

3 shall be distributed as follows: 

4 ‘‘(A) Excess funds shall be distributed on 

5 a pro rata basis to each Participating State 

6 that did not collect revenues under the UCR 

7 Agreement equivalent to the amount such State 

8 is entitled under subsection (g), except that the 

9 sum of the gross UCR Agreement revenues col10 lected by a Participating State and the amount 

11 distributed to it from the depository shall not 

12 exceed the amount to which the State is entitled 

13 under subsection (g). 

14 ‘‘(B) Any excess funds held by the deposi15 tory after all distributions under subparagraph 

16 (A) have been made shall be used to pay the 

17 administrative costs of the UCR Plan and the 

18 UCR Agreement. 

19 ‘‘(C) Any excess funds held by the deposi20 tory after distributions and payments under 

21 subparagraphs (A) and (B) shall be retained in 

22 the depository, and the UCR Agreement fees 

23 for motor carriers, motor private carriers, leas24 ing companies, freight forwarders, and brokers 
184

•S 1978 RS 

1 for the next fee year shall be reduced by the 

2 Board accordingly. 

3 ‘‘(i) ENFORCEMENT.—

4 ‘‘(1) CIVIL ACTIONS.—Upon request by the Sec5 retary of Transportation, the Attorney General may 

6 bring a civil action in a court of competent jurisdic7 tion to enforce compliance with this section and with 

8 the terms of the Unified Carrier Registration Agree9 ment. 

10 ‘‘(2) VENUE.—An action under this section 

11 may be brought only in the Federal court sitting in 

12 the State in which an order is required to enforce 

13 such compliance. 

14 ‘‘(3) RELIEF.—Subject to section 1341 of title 

15 28, the court, on a proper showing—

16 ‘‘(A) shall issue a temporary restraining 

17 order or a preliminary or permanent injunction; 

18 and 

19 ‘‘(B) may issue an injunction requiring 

20 that the State or any person comply with this 

21 section. 

22 ‘‘(4) ENFORCEMENT BY STATES.—Nothing in 

23 this section—

24 ‘‘(A) prohibits a Participating State from 

25 issuing citations and imposing reasonable fines 
185

•S 1978 RS 

1 and penalties pursuant to applicable State laws 

2 and regulations on any motor carrier, motor 

3 private carrier, freight forwarder, broker, or 

4 leasing company for failure to—

5 ‘‘(i) submit documents as required 

6 under subsection (d)(2); or 

7 ‘‘(ii) pay the fees required under sub8 section (f); or

9 ‘‘(B) authorizes a State to require a motor 

10 carrier, motor private carrier, or freight for11 warder to display as evidence of compliance any 

12 form of identification in excess of those per13 mitted under section 14506 of this title on or 

14 in a commercial motor vehicle. 

15 ‘‘(j) APPLICATION TO INTRASTATE CARRIERS.—Not16 withstanding any other provision of this section, a State 

17 may elect to apply the provisions of the UCR Agreement 

18 to motor carriers and motor private carriers subject to its 

19 jurisdiction that operate solely in intrastate commerce 

20 within the borders of the State.’’. 

21 SEC. 266. IDENTIFICATION OF VEHICLES. 

22 Chapter 145 is amended by adding at the end the 

23 following: 
186

•S 1978 RS 

1 ‘‘§ 14506. Identification of vehicles 

2 ‘‘(a) RESTRICTION ON REQUIREMENTS.—No State, 

3 political subdivision of a State, interstate agency, or other 

4 political agency of 2 or more States may enact or enforce 

5 any law, rule, regulation standard, or other provision hav6 ing the force and effect of law that requires a motor car7 rier, motor private carrier, freight forwarder, or leasing 

8 company to display any form of identification on or in a 

9 commercial motor vehicle, other than forms of identifica10 tion required by the Secretary of Transportation under 

11 section 390.21 of title 49, Code of Federal Regulations. 

12 ‘‘(b) EXCEPTION.—Notwithstanding paragraph (a), a 

13 State may continue to require display of credentials that 

14 are required—

15 ‘‘(1) under the International Registration Plan 

16 under section 31704 of this title; 

17 ‘‘(2) under the International Fuel Tax Agree18 ment under section 31705 of this title; 

19 ‘‘(3) in connection with Federal requirements 

20 for hazardous materials transportation under section 

21 5103 of this title; or 

22 ‘‘(4) in connection with the Federal vehicle in23 spection standards under section 31136 of this 

24 title.’’. 
187

•S 1978 RS 

1 SEC. 267. USE OF UCR AGREEMENT REVENUES AS MATCH2 ING FUNDS. 

3 Section 31103(a) is amended by inserting ‘‘Amounts 

4 generated by the Unified Carrier Registration Agreement, 

5 under section 14504a of this title and received by a State 

6 and used for motor carrier safety purposes may be in7 cluded as part of the State’s share not provided by the 

8 United States.’’ after ‘‘United States Government.’’. 

9 SEC. 268. CLERICAL AMENDMENTS. 

10 (a) SECTION 13906 CAPTION.—The section caption 

11 for section 13906 is amended by inserting ‘‘motor pri12 vate carriers,’’ after ‘‘motor carriers,’’. 

13 (b) TABLE OF CONTENTS.—The chapter analysis for 

14 chapter 139 is amended by striking the item relating to 

15 section 13906 and inserting the following:

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

forwarders.’’.

16 TITLE III—HOUSEHOLD GOODS 

17 MOVERS

18 SEC. 301. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED 

19 STATES CODE. 

20 (a) SHORT TITLE.—This title may be cited as the 

21 ‘‘Household Goods Mover Oversight Enforcement and Re22 form Act of 2003’’. 

23 (b) AMENDMENT OF TITLE 49, UNITED STATES

24 CODE.—Except as otherwise specifically provided, when-
188

•S 1978 RS 

1 ever in this title an amendment is expressed in terms of 

2 an amendment to a section or other provision of law, the 

3 reference shall be considered to be made to a section or 

4 other provision of title 49, United States Code. 

5 SEC. 302. FINDINGS; SENSE OF CONGRESS. 

6 The Congress finds the following: 

7 (1) There are approximately 1,500,000 inter8 state household moves every year. While the vast 

9 majority of these interstate moves are completed 

10 successfully, consumer complaints have been increas11 ing since the Interstate Commerce Commission was 

12 abolished in 1996 and oversight of the household 

13 goods industry was transferred to the Department of 

14 Transportation. 

15 (2) While the overwhelming majority of house16 hold goods carriers are honest and operate within 

17 the law, there appears to be a growing criminal ele18 ment that is exploiting a perceived void in Federal 

19 and State enforcement efforts. The growing criminal 

20 element tends to prey upon consumers. 

21 (3) The movement of an individual’s household 

22 goods is unique and differs from the movement of a 

23 commercial shipment. A consumer may utilize a 

24 moving company once or twice in the consumer’s 
189

•S 1978 RS 

1 lifetime and entrust virtually all of the consumer’s 

2 worldly goods to a mover. 

3 (4) Federal resources are inadequate to prop4 erly police or deter, on a nationwide basis, those 

5 movers who willfully violate Federal regulations gov6 erning the household goods industry and knowingly 

7 prey on consumers who are in a vulnerable position. 

8 It is appropriate that a Federal-State partnership be 

9 created to enhance enforcement against fraudulent 

10 moving companies. 

11 SEC. 303. 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. 304. 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—
190

•S 1978 RS 

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 total units listed on the inventory 

18 provided by the carrier under section 14104(d) 

19 of this title.’’. 

20 SEC. 305. HOUSEHOLD GOODS CARRIER OPERATIONS. 

21 Section 14104 is amended—

22 (1) by striking paragraph (1) of subsection (b) 

23 and inserting the following: 

24 ‘‘(1) REQUIREMENT FOR WRITTEN ESTI25 MATE.—A motor carrier providing transportation of 
191

•S 1978 RS 

1 household goods subject to jurisdiction under sub2 chapter I of chapter 135 shall provide to a prospec3 tive shipper a written estimate of all charges related 

4 to the transportation of the household goods, includ5 ing charges for—

6 ‘‘(A) packing; 

7 ‘‘(B) unpacking; 

8 ‘‘(C) loading;

9 ‘‘(D) unloading; and 

10 ‘‘(E) handling of the shipment from the 

11 point of origin to the final destination (whether 

12 that destination is storage or transit).’’; 

13 (2) by redesignating paragraph (2) of such sub14 section as paragraph (4); and 

15 (3) by inserting after paragraph (1), as amend16 ed by paragraph (1), the following: 

17 ‘‘(2) OTHER INFORMATION.—At the time that a 

18 motor carrier provides the written estimate required 

19 by paragraph (1), the motor carrier shall provide the 

20 shipper a copy of the Department of Transportation 

21 publication FMCSA–ESA–03–005 (or its successor 

22 edition or publication) entitled ‘Ready to Move?’. Be23 fore the execution of a contract for service, a motor 

24 carrier shall provide the shipper a copy of the De25 partment of Transportation publication OCE 100, 
192

•S 1978 RS 

1 entitled ‘Your Rights and Responsibilities When You 

2 Move’ required by section 375.2 of title 49, Code of 

3 Federal Regulations (or any corresponding similar 

4 regulation). 

5 ‘‘(3) BINDING AND NONBINDING ESTIMATES.—

6 The written estimate required by paragraph (1) may 

7 be either binding or nonbinding. If the written esti8 mate is nonbinding, and is not based on a visual in9 spection, the carrier shall, at the first opportunity 

10 and prior to the execution of a contract for service, 

11 conduct a visual inspection of the household goods to 

12 be transported and provide a revised written esti13 mate if the estimated charges are different than the 

14 original estimate. The Secretary may not prohibit 

15 any such carrier from charging a prospective shipper 

16 for providing a written, binding estimate for the 

17 transportation and related services.’’; 

18 (4) by redesignating subsection (c) as sub19 section (e); and 

20 (5) by inserting after subsection (b), as amend21 ed by paragraphs (1) and (2), the following: 

22 ‘‘(c) NOTIFICATION OF FINAL CHARGES.—If the 

23 final charges for a shipment of household goods exceed 

24 100 percent of a binding estimate or 110 percent of a non25 binding estimate, the motor carrier shall provide the ship-
193

•S 1978 RS 

1 per an itemized statement of the charges. The statement 

2 shall be provided to the shipper within 24 hours prior to 

3 the delivery of the shipment unless the shipper waives this 

4 requirement. Such notification shall—

5 ‘‘(1) be delivered in writing at the motor car6 rier’s expense; and 

7 ‘‘(2) disclose the requirements of section 

8 13707(b)(3) of this title regarding payment for de9 livery of a shipment of household goods. 

10 ‘‘(d) REQUIREMENT FOR INVENTORY.—A motor car11 rier providing transportation of a shipment of household 

12 goods, as defined in section 13012(10)(A), that is subject 

13 to jurisdiction under subchapter I of chapter 135 of this 

14 title shall, at the time of loading the shipment, prepare 

15 a written inventory of all articles tendered and accepted 

16 by the motor carrier for transportation. Such inventory 

17 shall—

18 ‘‘(1) list or otherwise reasonably identify each 

19 item tendered for transportation; 

20 ‘‘(2) be signed by the shipper and the motor 

21 carrier, or the agent of the shipper or carrier, at the 

22 time the shipment is loaded and at the time the 

23 shipment is unloaded at the final destination; 

24 ‘‘(3) be attached to, and considered part of, the 

25 bill of lading; and 
194

•S 1978 RS 

1 ‘‘(4) be subject to the same requirements of the 

2 Secretary for record inspection and preservation that 

3 apply to bills of lading.’’. 

4 SEC. 306. LIABILITY OF CARRIERS UNDER RECEIPTS AND 

5 BILLS OF LADING. 

6 Section 14706(f) is amended—

7 (1) by resetting the text as a paragraph in8 dented 2 ems from the left margin and inserting 

9 ‘‘(1) IN GENERAL.—’’ before ‘‘A carrier’’; and 

10 (2) by adding at the end, the following: 

11 ‘‘(2) FULL VALUE PROTECTION OBLIGATION.—

12 Unless the carrier receives a waiver in writing under 

13 paragraph (3), a carrier’s maximum liability for 

14 household goods that are lost, damaged, destroyed, 

15 or otherwise not delivered to the final destination is 

16 an amount equal to the replacement value of such 

17 goods, subject to a maximum amount equal to the 

18 declared value of the shipment. 

19 ‘‘(3) APPLICATION OF RATES.—The released 

20 rates established by the Board under paragraph (1) 

21 (commonly known as ‘released rates’) shall not apply 

22 to the transportation of household goods by a carrier 

23 unless the liability of the carrier for the full value 

24 of such household goods under paragraph (2) is 

25 waived in writing by the shipper.’’. 
195

•S 1978 RS 

1 SEC. 307. DISPUTE SETTLEMENT FOR SHIPMENTS OF 

2 HOUSEHOLD GOODS. 

3 (a) IN GENERAL.—Section 14708(a) is amended—

4 (1) by resetting the text as a paragraph in5 dented 2 ems from the left margin and inserting

6 ‘‘(1) REQUIREMENT TO OFFER.—’’ before ‘‘As 

7 a condition’’; and 

8 (2) by striking ‘‘shippers of household goods 

9 concerning damage or loss to the household goods 

10 transported.’’ and inserting ‘‘shippers. The carrier 

11 may not require the shipper to agree to use arbitra12 tion as a means to settle such a dispute.’’; and 

13 (3) by inserting at the end, the following: 

14 ‘‘(2) REQUIREMENTS FOR CARRIERS.—If a dis15 pute with a carrier providing transportation of 

16 household goods involves a claim that is—

17 ‘‘(A) not more than $5,000 and the ship18 per requests arbitration, such arbitration shall 

19 be binding on the parties; or 

20 ‘‘(B) for more than $5,000 and the shipper 

21 requests arbitration, such arbitration shall be 

22 binding on the parties only if the carrier agrees 

23 to arbitration.’’. 

24 (b) ARBITRATION REQUIREMENTS.—

25 (1) IN GENERAL.—Section 14708(b) is amend26 ed—
196

•S 1978 RS 

1 (A) by striking paragraph (4) and insert2 ing the following: 

3 ‘‘(4) INDEPENDENCE OF ARBITRATOR.—The 

4 Secretary shall establish a system for the certifi5 cation of persons authorized to arbitrate or other6 wise settle a dispute between a shipper of household 

7 goods and a carrier. The Secretary shall ensure that 

8 each person so certified is—

9 ‘‘(A) independent of the parties to the dis10 pute; 

11 ‘‘(B) capable, as determined under such 

12 regulations as the Secretary may issue, to re13 solve such disputes fairly and expeditiously; and 

14 ‘‘(C) authorized and able to obtain from 

15 the shipper or carrier any material and relevant 

16 information to the extent necessary to carry out 

17 a fair and expeditious decisionmaking process.’’; 

18 (B) by striking paragraph (6); and 

19 (C) by redesignating paragraphs (7) and 

20 (8) as paragraphs (6) and (7), respectively. 

21 (2) CONFORMING AMENDMENT.—Section 

22 14708(d)(3)(A) is amended by striking ‘‘(b)(8)’’ and 

23 inserting ‘‘(b)(7)’’. 

24 (c) ATTORNEY’S FEES TO CARRIERS.—Section 

25 14708(e) is further amended by striking ‘‘only if’’ and all 
197

•S 1978 RS 

1 that follows through the period at the end and inserting 

2 ‘‘if—

3 ‘‘(1) the court proceeding is to enforce a deci4 sion rendered in favor of the carrier through arbitra5 tion under this section and is instituted after the 

6 shipper has a reasonable opportunity to pay any 

7 charges required by such decision; or 

8 ‘‘(2) the shipper brought such action in bad 

9 faith—

10 ‘‘(A) after resolution of such dispute 

11 through arbitration under this section; or 

12 ‘‘(B) after institution of an arbitration 

13 proceeding by the shipper to resolve such dis14 pute under this section but before—

15 ‘‘(i) the period provided under sub16 section (b)(7) for resolution of such dis17 pute (including, if applicable, an extension 

18 of such period under such subsection) 

19 ends; and 

20 ‘‘(ii) a decision resolving such dispute 

21 is rendered.’’. 

22 (d) REVIEW AND REPORT ON DISPUTE SETTLEMENT

23 PROGRAMS.—

24 (1) REVIEW AND REPORT.—Not later than 18 

25 months after the date of enactment of this Act, the 
198

•S 1978 RS 

1 Secretary of Transportation shall complete a review 

2 of the outcomes and the effectiveness of the pro3 grams carried out under title 49, United States 

4 Code, to settle disputes between motor carriers and 

5 shippers and submit a report on the review to the 

6 Senate Committee on Commerce, Science, and 

7 Transportation and the House of Representatives 

8 Committee on Transportation and Infrastructure. 

9 The report shall describe—

10 (A) the subject of, and amounts at issue is, 

11 the disputes; 

12 (B) patterns in disputes or settlements; 

13 (C) the prevailing party in disputes, if 

14 identifiable; and 

15 (D) any other matters the Secretary con16 siders appropriate. 

17 (2) REQUIREMENT FOR PUBLIC COMMENT.—

18 The Secretary shall publish notice of the review re19 quired by paragraph (1) and provide an opportunity 

20 for the public to submit comments on the effective21 ness of such programs. Notwithstanding any con22 fidentiality or non-disclosure provision in a settle23 ment agreement between a motor carrier and a ship24 per, it shall not be a violation of that provision for 

25 a motor carrier or shipper to submit a copy of the 
199

•S 1978 RS 

1 settlement agreement, or to provide information in2 cluded in the agreement, to the Secretary for use in 

3 evaluating dispute settlement programs under this 

4 subsection. Notwithstanding anything to the con5 trary in section 552 of title 5, United States Code, 

6 the Secretary may not post on the Department of 

7 Transportation’s electronic docket system, or make 

8 available to any requester in paper or electronic for9 mat, any information submitted to the Secretary by 

10 a motor carrier or shipper under the preceding sen11 tence. The Secretary shall use the settlement agree12 ments or other information submitted by a motor 

13 carrier or shipper solely to evaluate the effectiveness 

14 of dispute settlement programs and shall not include 

15 in the report required by this subsection the names 

16 of, or other identifying information concerning, 

17 motor carriers or shippers that submitted comments 

18 or information under this subsection. 

19 SEC. 308. ENFORCEMENT OF REGULATIONS RELATED TO 

20 TRANSPORTATION OF HOUSEHOLD GOODS. 

21 (a) NONPREEMPTION OF INTRASTATE TRANSPOR22 TATION OF HOUSEHOLD GOODS.—Section 

23 14501(c)(2)(B) is amended by inserting ‘‘intrastate’’ be24 fore ‘‘transportation’’. 
200

•S 1978 RS 

1 (b) ENFORCEMENT OF FEDERAL LAW WITH RE2 SPECT TO INTERSTATE HOUSEHOLD GOODS CARRIERS.—

3 (1) IN GENERAL.—Chapter 147 is amended by 

4 adding at the end the following:

5 ‘‘§ 14710. Enforcement of Federal laws and regula6 tions with respect to transportation of 

7 household goods 

8 ‘‘(a) ENFORCEMENT BY STATES.—Notwithstanding 

9 any other provision of this title, a State authority may 

10 enforce chapters 137, 147, and 149, subchapter I of chap11 ter 141, section 13907, and section 14124 of this title and 

12 regulations thereunder related to transportation of house13 hold goods in interstate commerce. Any fine or penalty 

14 imposed on a carrier in a proceeding under this subsection 

15 shall, notwithstanding any provision of law to the con16 trary, be paid to and retained by the State. 

17 ‘‘(b) STATE AUTHORITY DEFINED.—The term ‘State 

18 authority’ means an agency of a State that has authority 

19 under the laws of the State to regulate the intrastate 

20 movement of household goods. 

21 ‘‘§ 14711. Enforcement by State attorneys general 

22 ‘‘(a) IN GENERAL.—A State, as parens patriae, may 

23 bring a civil action on behalf of its residents in an appro24 priate district court of the United States to enforce this 

25 part, or a regulation or order of the Secretary or Board, 
201

•S 1978 RS 

1 as applicable, or to impose the civil penalties authorized 

2 by this part or such regulation or order, whenever the at3 torney general of the State has reason to believe that the 

4 interests of the residents of the State have been or are 

5 being threatened or adversely affected by a carrier or 

6 broker providing transportation subject to jurisdiction 

7 under subchapter I or III of chapter 135 of this title, or 

8 a foreign motor carrier providing transportation registered 

9 under section 13902 of this title, that is engaged in house10 hold goods transportation that violates this part or a regu11 lation or order of the Secretary or Board, as applicable. 

12 ‘‘(b) NOTICE.—The State shall serve written notice 

13 to the Secretary or the Board, as the case may be, of any 

14 civil action under subsection (a) prior to initiating such 

15 civil action. The notice shall include a copy of the com16 plaint to be filed to initiate such civil action, except that 

17 if it is not feasible for the State to provide such prior no18 tice, the State shall provide such notice immediately upon 

19 instituting such civil action. 

20 ‘‘(c) AUTHORITY TO INTERVENE.—Upon receiving 

21 the notice required by subsection (b), the Secretary or 

22 Board may intervene in such civil action and upon inter23 vening—

24 ‘‘(1) be heard on all matters arising in such 

25 civil action; and 
202

•S 1978 RS 

1 ‘‘(2) file petitions for appeal of a decision in 

2 such civil action. 

3 ‘‘(d) CONSTRUCTION.—For purposes of bringing any 

4 civil action under subsection (a), nothing in this section 

5 shall prevent the attorney general of a State from exer6 cising the powers conferred on the attorney general by the 

7 laws of such State to conduct investigations or to admin8 ister oaths or affirmations or to compel the attendance 

9 of witnesses or the production of documentary and other 

10 evidence. 

11 ‘‘(e) VENUE; SERVICE OF PROCESS.—In a civil action 

12 brought under subsection (a)— 

13 ‘‘(1) the venue shall be a judicial district in 

14 which—

15 ‘‘(A) the carrier, foreign motor carrier, or 

16 broker operates; 

17 ‘‘(B) the carrier, foreign motor carrier, or 

18 broker was authorized to provide transportation 

19 at the time the complaint arose; or 

20 ‘‘(C) where the defendant in the civil ac21 tion is found; 

22 ‘‘(2) process may be served without regard to 

23 the territorial limits of the district or of the State 

24 in which the civil action is instituted; and 
203

•S 1978 RS 

1 ‘‘(3) a person who participated with a carrier or 

2 broker in an alleged violation that is being litigated 

3 in the civil action may be joined in the civil action 

4 without regard to the residence of the person. 

5 ‘‘(f) ENFORCEMENT OF STATE LAW.—Nothing con6 tained in this section shall prohibit an authorized State 

7 official from proceeding in State court to enforce a crimi8 nal statute of such State.’’. 

9 (2) CONFORMING AMENDMENT.—The analysis 

10 for chapter 147 is amended by inserting after the 

11 item relating 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.’’. 

12 SEC. 309. WORKING GROUP FOR DEVELOPMENT OF PRAC13 TICES AND PROCEDURES TO ENHANCE FED14 ERAL-STATE RELATIONS. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 date of enactment of this Act, the Secretary shall establish 

17 a working group of State attorneys general, State authori18 ties that regulate the movement of household goods, and 

19 Federal and local law enforcement officials for the purpose 

20 of developing practices and procedures to enhance the 

21 Federal-State partnership in enforcement efforts, ex22 change of information, and coordination of enforcement 

23 efforts with respect to interstate transportation of house24 hold goods and making legislative and regulatory rec-
204

•S 1978 RS 

1 ommendations to the Secretary concerning such enforce2 ment efforts. 

3 (b) CONSULTATION.—In carrying out subsection (a), 

4 the working group shall consult with industries involved 

5 in the transportation of household goods, the public, and 

6 other interested parties. 

7 SEC. 310. CONSUMER HANDBOOK ON DOT WEBSITE. 

8 Within 6 months after the date of enactment of this 

9 Act, the Secretary shall take such action as may be nec10 essary to ensure that the Department of Transportation 

11 publication OCE 100, entitled ‘‘Your Rights and Respon12 sibilities When You Move’’ required by section 375.2 of 

13 title 49, Code of Federal Regulations (or any cor14 responding similar regulation), is prominently displayed, 

15 and available in language that is readily understandable 

16 by the general public, on the website of the Department 

17 of Transportation. 

18 SEC. 311. INFORMATION ABOUT HOUSEHOLD GOODS 

19 TRANSPORTATION ON CARRIERS’ WEBSITES. 

20 Not later than 1 year after the date of enactment 

21 of this Act, the Secretary shall modify the regulations con22 tained in part 375 of title 49, Code of Federal Regula23 tions, to require a motor carrier or broker that is subject 

24 to such regulations and that establishes and maintains a 

25 website to prominently display on the website—
205

•S 1978 RS 

1 (1) the number assigned to the motor carrier or 

2 broker by the Department of Transportation; 

3 (2) the OCE 100 publication referred to in sec4 tion 310; and 

5 (3) in the case of a broker, a list of all motor 

6 carriers providing transportation of household goods 

7 used by the broker and a statement that the broker

8 is not a motor carrier providing transportation of 

9 household goods. 

10 SEC. 312. CONSUMER COMPLAINTS. 

11 (a) REQUIREMENT FOR DATABASE.—Subchapter II 

12 of chapter 141 is amended by adding at the end the fol13 lowing: 

14 ‘‘§ 14124. Consumer complaints 

15 ‘‘(a) ESTABLISHMENT OF SYSTEM AND DATABASE.—

16 The Secretary shall—

17 ‘‘(1) establish a system to—

18 ‘‘(A) file and log a complaint made by a 

19 shipper that relates to motor carrier transpor20 tation of household goods; and 

21 ‘‘(B) to compile any complaint information 

22 gathered by a State with regard to such trans23 portation; 

24 ‘‘(2) establish a database of such complaints; 

25 and 
206

•S 1978 RS 

1 ‘‘(3) develop a procedure—

2 ‘‘(A) to provide the public access to the 

3 database; 

4 ‘‘(B) to forward a complaint, including the 

5 motor carrier bill of lading number related to 

6 the complaint to a motor carrier named in such 

7 complaint and to an appropriate State authority 

8 (as defined in section 14710(c)); 

9 ‘‘(C) to permit a motor carrier to challenge 

10 information in the database; and 

11 ‘‘(D) to provide, for motor carriers in12 cluded in the database, the percentage of such 

13 complaints that are disputed by each such 

14 motor carrier. 

15 ‘‘(b) REQUIREMENT FOR ANNUAL REPORTS.—The 

16 Secretary shall issue regulations requiring a motor carrier 

17 that provides transportation of household goods to submit 

18 to the Secretary, not later than March 31st of each year, 

19 an annual report covering the 12-month period ending on 

20 the preceding March 31st that includes—

21 ‘‘(1) the number of shipments of household 

22 goods that the motor carrier received from shippers 

23 and that were delivered to a final destination during 

24 the preceding calendar year; 
207

•S 1978 RS 

1 ‘‘(2) the number and general category of com2 plaints lodged against the motor carrier during the 

3 preceding calendar year; 

4 ‘‘(3) the number of shipments described in 

5 paragraph (1) that resulted in the filing of a claim 

6 against the motor carrier for loss or damage to the 

7 shipment for an amount in excess of $500 during 

8 the preceding calendar year broken down by—

9 ‘‘(A) the number of claims filed by ship10 pers relocated under a contract between the 

11 motor carrier and shippers’ employers; and 

12 ‘‘(B) the number of claims filed by other 

13 shippers; and 

14 ‘‘(4) the number of shipments described in 

15 paragraph (3) that were—

16 ‘‘(A) resolved during the preceding cal17 endar year; or 

18 ‘‘(B) pending on the last day of the pre19 ceding calendar year.’’. 

20 (b) CONFORMING AMENDMENT.—The analysis for 

21 chapter 141 is amended by inserting after the item relat22 ing to section 14123 the following:

‘‘14124. Consumer complaints.’’.

23 SEC. 313. REVIEW OF LIABILITY OF CARRIERS. 

24 (a) REVIEW.—Not later than 1 year after the date 

25 of enactment of this Act, the Surface Transportation 
208

•S 1978 RS 

1 Board shall complete a review of the current Federal regu2 lations regarding the level of liability protection provided 

3 by motor carriers that provide transportation of household 

4 goods and revise such regulations, if necessary, to provide 

5 enhanced protection in the case of loss or damage. 

6 (b) DETERMINATIONS.—The review required by sub7 section (a) shall include a determination of—

8 (1) whether the current regulations provide ade9 quate protection; 

10 (2) the benefits of purchase by a shipper of in11 surance to supplement the carrier’s limitations on li12 ability; 

13 (3) whether there are abuses of the current reg14 ulations that leave the shipper unprotected in the 

15 event of loss and damage to a shipment of household 

16 goods; and 

17 (4) whether the section 14706 of title 49, 

18 United States Code, should be modified or repealed. 

19 SEC. 314. CIVIL PENALTIES RELATING TO HOUSEHOLD 

20 GOODS BROKERS. 

21 Section 14901(d) is amended—

22 (1) by resetting the text as a paragraph in23 dented 2 ems from the left margin and inserting 

24 ‘‘(1) IN GENERAL.—’’ before ‘‘If a carrier’’; and 

25 (2) by adding at the end the following: 
209

•S 1978 RS 

1 ‘‘(2) ESTIMATE OF BROKER WITHOUT CARRIER

2 AGREEMENT.—If a broker for transportation of 

3 household goods subject to jurisdiction under sub4 chapter I of chapter 135 of this title makes an esti5 mate of the cost of transporting any such goods be6 fore entering into an agreement with a carrier to 

7 provide transportation of household goods subject to 

8 such jurisdiction, the broker is liable to the United 

9 States for a civil penalty of not less than $10,000 

10 for each violation. 

11 ‘‘(3) UNAUTHORIZED TRANSPORTATION.—If a 

12 person provides transportation of household goods 

13 subject to jurisdiction under subchapter I of chapter 

14 135 of this title or provides broker services for such 

15 transportation without being registered under chap16 ter 139 of this title to provide such transportation 

17 or services as a motor carrier or broker, as the case 

18 may be, such person is liable to the United States 

19 for a civil penalty of not less than $25,000 for each 

20 violation.’’. 

21 SEC. 315. CIVIL AND CRIMINAL PENALTY FOR FAILING TO 

22 GIVE UP POSSESSION OF HOUSEHOLD 

23 GOODS. 

24 (a) IN GENERAL.—Chapter 149 is amended by add25 ing at the end the following: 
210

•S 1978 RS 

1 ‘‘§ 14915. Penalties for failure to give up possession of 

2 household goods 

3 ‘‘(a) CIVIL PENALTY.—Whoever is found to have 

4 failed to give up possession of household goods is liable 

5 to the United States for a civil penalty of not less than

6 $10,000. Each day a carrier is found to have failed to 

7 give up possession of household goods may constitute a 

8 separate violation. If such person is a carrier or broker, 

9 the Secretary may suspend for a period of not less than 

10 6 months the registration of such carrier or broker under 

11 chapter 139 of this title. 

12 ‘‘(b) CRIMINAL PENALTY.—Whoever has been con13 victed of having failed to give up possession of household 

14 goods shall be fined under title 18 or imprisoned for not 

15 more than 2 years, or both. 

16 ‘‘(c) FAILURE TO GIVE UP POSSESSION OF HOUSE17 HOLD GOODS DEFINED.—For purposes of this section, 

18 the term ‘failed to give up possession of household goods’ 

19 means the knowing and willful failure of a motor carrier 

20 to deliver to, or unload at, the destination of a shipment 

21 of household goods that is subject to jurisdiction under 

22 subchapter I or III of chapter 135 of this title, for which 

23 charges have been estimated by the motor carrier pro24 viding transportation of such goods, and for which the 

25 shipper has tendered a payment described in clause (i), 

26 (ii), or (iii) of section 13707(b)(3)(A) of this title.’’. 
211

•S 1978 RS 

1 (b) CONFORMING AMENDMENT.—The analysis for 

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

‘‘14915. Penalties for failure to give up possession of household goods.’’.

4 SEC. 316. PROGRESS REPORT. 

5 Not later than 1 year after the date of enactment 

6 of this Act, the Secretary shall transmit to Congress a 

7 report on the progress being made in implementing the 

8 provisions of this title.

9 TITLE IV—HAZARDOUS MATE10 RIALS TRANSPORTATION 

11 SAFETY AND SECURITY 

12 SEC. 401. SHORT TITLE. 

13 This title may be cited as the ‘‘Hazardous Material 

14 Transportation Safety and Security Reauthorization Act 

15 of 2003’’.

16 SEC. 402. AMENDMENT OF TITLE 49, UNITED STATES CODE. 

17 Except as otherwise expressly provided, whenever in 

18 this title an amendment or repeal is expressed in terms 

19 of an amendment to, or repeal of, a section or other provi20 sion, the reference shall be considered to be made to a 

21 section or other provision of title 49, United States Code. 
212

•S 1978 RS 

1 Subtitle A—General Authorities on 

2 Transportation of Hazardous 

3 Materials 

4 SEC. 421. 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. 422. 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 to read as follows: 

23 ‘‘(3) ‘hazmat employee’ means an individual—

24 ‘‘(A) who—
213

•S 1978 RS 

1 ‘‘(i) is employed or used by a hazmat 

2 employer; or 

3 ‘‘(ii) is self-employed, including an 

4 owner-operator of a motor vehicle, vessel, 

5 or aircraft, transporting hazardous mate6 rial in commerce; and 

7 ‘‘(B) who performs a function regulated by 

8 the Secretary under section 5103(b)(1) of this 

9 title.’’. 

10 (3) HAZMAT EMPLOYER.—Paragraph (4) is 

11 amended to read as follows: 

12 ‘‘(4) ‘hazmat employer’ means a person—

13 ‘‘(A) who—

14 ‘‘(i) employs or uses at least 1 hazmat 

15 employee; or 

16 ‘‘(ii) is self-employed, including an 

17 owner-operator of a motor vehicle, vessel, 

18 or aircraft, transporting hazardous mate19 rial in commerce; and 

20 ‘‘(B) who performs, or employs or uses at 

21 least 1 hazmat employee to perform, a function 

22 regulated by the Secretary under section 

23 5103(b)(1) of this title.’’.
214

•S 1978 RS 

1 (4) IMMINENT HAZARD.—Paragraph (5) is 

2 amended by inserting ‘‘relating to hazardous mate3 rial’’ after ‘‘of a condition’’. 

4 (5) MOTOR CARRIER.—Paragraph (7) is amend5 ed to read as follows: 

6 ‘‘(7) ‘motor carrier’—

7 ‘‘(A) means a motor carrier, motor private 

8 carrier, and freight forwarder as those terms 

9 are defined in section 13102 of this title; but 

10 ‘‘(B) does not include a freight forwarder, 

11 as so defined, if the freight forwarder is not 

12 performing a function relating to highway 

13 transportation.’’. 

14 (6) NATIONAL RESPONSE TEAM.—Paragraph 

15 (8) is amended—

16 (A) by striking ‘‘national response team’’ 

17 both places it appears and inserting ‘‘National 

18 Response Team’’; and 

19 (B) by striking ‘‘national contingency 

20 plan’’ and inserting ‘‘National Contingency 

21 Plan’’. 

22 (7) PERSON.—Paragraph (9)(A) is amended by 

23 striking ‘‘offering’’ and all that follows and inserting 

24 ‘‘that—
215

•S 1978 RS 

1 ‘‘(i) offers hazardous material for 

2 transportation in commerce; 

3 ‘‘(ii) transports hazardous material to 

4 further a commercial enterprise; or 

5 ‘‘(iii) manufactures, designs, inspects, 

6 tests, reconditions, marks, or repairs a 

7 packaging or packaging component that is 

8 represented as qualified for use in trans9 porting hazardous material in commerce; 

10 but’’. 

11 (8) SECRETARY OF TRANSPORTATION.—Section 

12 5101 is further amended—

13 (A) by redesignating paragraphs (11), 

14 (12), and (13), as paragraphs (12), (13), and 

15 (14), respectively; and 

16 (B) by inserting after paragraph (10) the 

17 following: 

18 ‘‘(11) ‘Secretary’ means the Secretary of Trans19 portation except as otherwise provided.’’. 

20 SEC. 423. GENERAL REGULATORY AUTHORITY. 

21 (a) REFERENCE TO SECRETARY OF TRANSPOR22 TATION.—Section 5103(a) is amended by striking ‘‘of 

23 Transportation’’. 

24 (b) DESIGNATING MATERIAL AS HAZARDOUS.—Sec25 tion 5103(a) is further amended—
216

•S 1978 RS 

1 (1) by striking ‘‘etiologic agent’’ and all that 

2 follows through ‘‘corrosive material,’’ and inserting 

3 ‘‘infectious substance, flammable or combustible liq4 uid, solid, or gas, toxic, oxidizing, or corrosive mate5 rial,’’; and 

6 (2) by striking ‘‘decides’’ and inserting ‘‘deter7 mines’’. 

8 (c) REGULATIONS FOR SAFE TRANSPORTATION.—

9 Section 5103(b)(1)(A) is amended to read as follows: 

10 ‘‘(A) apply to a person who—

11 ‘‘(i) transports hazardous material in 

12 commerce; 

13 ‘‘(ii) causes hazardous material to be 

14 transported in commerce; 

15 ‘‘(iii) manufactures, designs, inspects, 

16 tests, reconditions, marks, or repairs a 

17 packaging or packaging component that is 

18 represented as qualified for use in trans19 porting hazardous material in commerce; 

20 ‘‘(iv) prepares or accepts hazardous 

21 material for transportation in commerce; 

22 ‘‘(v) is responsible for the safety of 

23 transporting hazardous material in com24 merce; 
217

•S 1978 RS 

1 ‘‘(vi) certifies compliance with any re2 quirement under this chapter; 

3 ‘‘(vii) misrepresents whether such per4 son is engaged in any activity under clause 

5 (i) through (vi) of this subparagraph; or

6 ‘‘(viii) performs any other act or func7 tion relating to the transportation of haz8 ardous material in commerce; and’’. 

9 (d) TECHNICAL AMENDMENT REGARDING CON10 SULTATION.—Section 5103 is amended—

11 (1) by striking subsection (b)(1)(C); and 

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

13 ‘‘(c) CONSULTATION.—When prescribing a security 

14 regulation or issuing a security order that affects the safe15 ty of the transportation of hazardous material, the Sec16 retary of Homeland Security shall consult with the Sec17 retary of Transportation.’’. 

18 SEC. 424. LIMITATION ON ISSUANCE OF HAZMAT LICENSES. 

19 (a) REFERENCE TO SECRETARY OF TRANSPOR20 TATION.—Section 5103a is amended by striking ‘‘of 

21 Transportation’’ each place it appears in subsections 

22 (a)(1), (c)(1)(B), and (d) and inserting ‘‘of Homeland Se23 curity’’. 

24 (b) COVERED HAZARDOUS MATERIALS.—Section 

25 5103a(b) is amended by striking ‘‘with respect to—’’ and 
218

•S 1978 RS 

1 all that follows and inserting ‘‘with respect to any material 

2 defined as hazardous material by the Secretary for which 

3 the Secretary requires placarding of a commercial motor 

4 vehicle transporting that material in commerce.’’. 

5 (c) RECOMMENDATIONS ON CHEMICAL OR BIOLOGI6 CAL MATERIALS.—Section 5103a is further amended—

7 (1) by redesignating subsections (c), (d), and 

8 (e) as subsections (d), (e), and (f), respectively; and 

9 (2) by inserting after subsection (b) the fol10 lowing: 

11 ‘‘(c) RECOMMENDATIONS ON CHEMICAL AND BIO12 LOGICAL MATERIALS.—The Secretary of Health and 

13 Human Services shall recommend to the Secretary any 

14 chemical or biological material or agent for regulation as 

15 a hazardous material under section 5103(a) of this title 

16 if the Secretary of Health and Human Services determines 

17 that such material or agent is a threat to the national 

18 security of the United States.’’. 

19 (d) CONFORMING AMENDMENT.—Section 

20 5103a(a)(1) is amended by striking ‘‘subsection 

21 (c)(1)(B),’’ and inserting ‘‘subsection (d)(1)(B),’’. 

22 SEC. 425. REPRESENTATION AND TAMPERING. 

23 (a) REPRESENTATION.—Section 5104(a) is amend24 ed—
219

•S 1978 RS 

1 (1) by striking ‘‘a container,’’ and all that fol2 lows through ‘‘packaging) for’’ and inserting ‘‘a 

3 package, component of a package, or packaging 

4 for’’; and 

5 (2) by striking ‘‘the container’’ and all that fol6 lows through ‘‘packaging) meets’’ and inserting ‘‘the 

7 package, component of a package, or packaging 

8 meets’’. 

9 (b) TAMPERING.—Section 5104(b) is amended—

10 (1) by inserting ‘‘, without authorization from 

11 the owner or custodian,’’ after ‘‘may not’’; 

12 (2) by striking ‘‘unlawfully’’; and 

13 (3) by inserting ‘‘component of a package, or 

14 packaging,’’ after ‘‘package,’’ in paragraph (2).

15 SEC. 426. TRANSPORTING CERTAIN HIGHLY RADIOACTIVE 

16 MATERIAL. 

17 (a) REPEAL OF ROUTES AND MODES STUDY.—Sec18 tion 5105 is amended by striking subsection (d). 

19 (b) REPEAL OF REQUIREMENT FOR INSPECTIONS OF

20 CERTAIN MOTOR VEHICLES.—Section 5105 is amended 

21 by striking subsection (e). 

22 SEC. 427. HAZMAT EMPLOYEE TRAINING REQUIREMENTS 

23 AND GRANTS. 

24 (a) REFERENCE TO SECRETARY OF TRANSPOR25 TATION.—Section 5107 is amended by striking ‘‘of Trans-
220

•S 1978 RS 

1 portation’’ each place it appears in subsections (a), (b), 

2 (c) (other than in paragraph (1)), (d), and (f). 

3 (b) TRAINING GRANTS.—Section 5107(e) is amend4 ed—

5 (1) by striking ‘‘section 5127(c)(3)’’ and insert6 ing ‘‘section 5128(b)(1) of this title’’; 

7 (2) by inserting ‘‘and, to the extent determined 

8 appropriate by the Secretary, grants for such in9 structors to train hazmat employees’’ after ‘‘employ10 ees’’ in the first sentence thereof.

11 SEC. 428. REGISTRATION. 

12 (a) REFERENCE TO SECRETARY OF TRANSPOR13 TATION.—Section 5108 is amended by striking ‘‘of Trans14 portation’’ each place it appears in subsections (a), (b) 

15 (other than following ‘‘Department’’), (d), (e), (f), (g), (h), 

16 and (i). 

17 (b) PERSONS REQUIRED TO FILE.—

18 (1) REQUIREMENT TO FILE.—Section 

19 5108(a)(1)(B) is amended by striking ‘‘class A or B 

20 explosive’’ and inserting ‘‘Division 1.1, 1.2, or 1.3 

21 explosive material’’. 

22 (2) AUTHORITY TO REQUIRE TO FILE.—Section 

23 5108(a)(2)(B) is amended to read as follows: 

24 ‘‘(B) a person manufacturing, designing, in25 specting, testing, reconditioning, marking, or repair-
221

•S 1978 RS 

1 ing a package or packaging component that is rep2 resented as qualified for use in transporting haz3 ardous material in commerce.’’. 

4 (3) NO TRANSPORTATION WITHOUT FILING.—

5 Section 5108(a)(3) is amended by striking ‘‘fab6 ricate,’’ and all that follows through ‘‘package or’’ 

7 and inserting ‘‘design, inspect, test, recondition, 

8 mark, or repair a package, packaging component, 

9 or’’.

10 (c) FORM AND CONTENT OF FILINGS.—Section 

11 5108(b)(1)(C) by striking ‘‘the activity.’’ and inserting 

12 ‘‘any of the activities.’’.

13 (d) FILING.—Section 5108(c) is amended to read as 

14 follows: 

15 ‘‘(c) FILING.—Each person required to file a reg16 istration statement under subsection (a) of this section 

17 shall file the statement in accordance with regulations pre18 scribed by the Secretary.’’. 

19 (e) FEES.—Section 5108(g)(1) is amended by strik20 ing ‘‘may establish,’’ and inserting ‘‘shall establish,’’.

21 (f) RELATIONSHIP TO OTHER LAWS.—Section 

22 5108(i)(2)(B) is amended by inserting ‘‘an Indian tribe,’’ 

23 after ‘‘subdivision of a State,’’. 

24 (g) REGISTRATION AND ANNUAL FEES.—
222

•S 1978 RS 

1 (1) REDUCTION IN CAP.—Section 

2 5108(g)(2)(A) is amended by striking ‘‘$5,000’’ and 

3 inserting ‘‘$2,000’’. 

4 (2) RULEMAKING.—Any rule, regulation, or 

5 order issued by the Secretary of Transportation 

6 under which the assessment, payment, or collection 

7 of fees under section 5108(g) of title 49, United 

8 States Code, was suspended or terminated before the 

9 date of enactment of this Act is declared null and 

10 void effective 30 days after such date of enactment. 

11 Beginning on the 31st day after such date of enact12 ment, the fee schedule established by the Secretary 

13 and set forth at 65 Federal Register 7297 (as modi14 fied by the rule set forth at 67 Federal Register 

15 58343) shall take effect and apply until such time 

16 as it may be modified by a rulemaking proceeding. 

17 (3) PLANNING AND TRAINING GRANTS.—Not18 withstanding any other provision of law to the con19 trary, including any limitation on the amount of 

20 grants authorized by section 5116 of title 49, United 

21 States Code, not contained in that section, the Sec22 retary shall make grants under that section from the 

23 account established under section 5116(i) to reduce 

24 the balance in that account over the 6 fiscal year pe25 riod beginning with fiscal year 2004, but in no fiscal 
223

•S 1978 RS 

1 year shall the grants distributed exceed the level au2 thorized by section 5116 of title 49, United States 

3 Code. 

4 SEC. 429. SHIPPING PAPERS AND DISCLOSURE. 

5 (a) REFERENCE TO SECRETARY OF TRANSPOR6 TATION.—Section 5110(a) is amended by striking ‘‘of 

7 Transportation’’. 

8 (b) DISCLOSURE CONSIDERATIONS AND REQUIRE9 MENTS.—Section 5110 is amended—

10 (1) by striking ‘‘under subsection (b) of this 

11 section.’’ in subsection (a) and inserting ‘‘in regula12 tions.’’; 

13 (2) by striking subsection (b); and 

14 (3) by redesignating subsections (c), (d), and 

15 (e) as subsections (b), (c), and (d), respectively. 

16 (c) RETENTION OF PAPERS.—The first sentence of 

17 section 5110(d), as redesignated by subsection (b)(3) of 

18 this section, is amended to read as follows: ‘‘The person 

19 who provides the shipping paper, and the carrier required 

20 to keep it, under this section shall retain the paper, or 

21 an electronic format of it, for a period of 3 years after 

22 the date the shipping paper is provided to the carrier, with 

23 the paper and format to be accessible through their re24 spective principal places of business.’’. 
224

•S 1978 RS 

1 SEC. 430. RAIL TANK CARS. 

2 (a) REPEAL OF REQUIREMENTS.—Section 5111 is 

3 repealed. 

4 (b) CLERICAL AMENDMENT.—The chapter analysis 

5 for chapter 51 is amended by striking the item relating 

6 to section 5111. 

7 SEC. 431. HIGHWAY ROUTING OF HAZARDOUS MATERIAL. 

8 The second sentence of section 5112(a)(1) is amend9 ed by striking ‘‘However, the Secretary of Transportation’’ 

10 and inserting ‘‘The Secretary’’. 

11 SEC. 432. UNSATISFACTORY SAFETY RATINGS. 

12 (a) IN GENERAL.—The text of section 5113 is 

13 amended to read as follows: 

14 ‘‘A violation of section 31144(c)(3) of this title shall 

15 be considered a violation of this chapter, and shall be sub16 ject to the penalties in sections 5123 and 5124 of this 

17 title.’’. 

18 (b) CONFORMING AMENDMENTS.—The first sub19 section (c) of section 31144 is amended—

20 (1) by striking ‘‘sections 521(b)(5)(A) and 

21 5113’’ in paragraph (1) and inserting ‘‘section 

22 521(b)(5)(A) of this title’’; and 

23 (2) by adding at the end of paragraph (3) ‘‘A 

24 violation of this paragraph by an owner or operator 

25 transporting hazardous material shall be considered 

26 a violation of chapter 51 of this title, and shall be 
225

•S 1978 RS 

1 subject to the penalties in sections 5123 and 5124 

2 of this title.’’. 

3 SEC. 433. AIR TRANSPORTATION OF IONIZING RADIATION 

4 MATERIAL. 

5 Section 5114(b) is amended by striking ‘‘of Trans6 portation’’. 

7 SEC. 434. TRAINING CURRICULUM FOR THE PUBLIC SEC8 TOR. 

9 (a) IN GENERAL.—Section 5115(a) is amended to 

10 read as follows:

11 ‘‘(a) IN GENERAL.—In coordination with the Direc12 tor of the Federal Emergency Management Agency, the 

13 Chairman of the Nuclear Regulatory Commission, the Ad14 ministrator of the Environmental Protection Agency, the 

15 Secretaries of Labor, Energy, and Health and Human 

16 Services, and the Director of the National Institute of En17 vironmental Health Sciences, and using existing coordi18 nating mechanisms of the National Response Team and, 

19 for radioactive material, the Federal Radiological Pre20 paredness Coordinating Committee, the Secretary shall 

21 maintain a current curriculum of lists of courses necessary 

22 to train public sector emergency response and prepared23 ness teams in matters relating to the transportation of 

24 hazardous material.’’. 

25 (b) REQUIREMENTS.—Section 5115(b) is amended—
226

•S 1978 RS 

1 (1) by striking ‘‘developed’’ in the matter pre2 ceding paragraph (1) and inserting ‘‘maintained’’; 

3 and 

4 (2) by striking ‘‘under other United States Gov5 ernment grant programs’’ in paragraph (1)(C) and 

6 all that follows and inserting ‘‘with Federal assist7 ance; and’’. 

8 (c) TRAINING ON COMPLIANCE WITH LEGAL RE9 QUIREMENTS.—Section 5115(c)(3) is amended by striking 

10 ‘‘Association.’’ and inserting ‘‘Association or by any other 

11 voluntary organization establishing consensus-based 

12 standards that the Secretary considers appropriate.’’. 

13 (d) DISTRIBUTION AND PUBLICATION.—Section 

14 5115(d) is amended—

15 (1) by striking ‘‘national response team—’’ and 

16 inserting ‘‘National Response Team—’’; and 

17 (2) by striking ‘‘publish a list’’ in paragraph (2) 

18 and all that follows and inserting ‘‘publish and dis19 tribute the list of courses maintained under this sec20 tion, and of any programs utilizing such courses.’’. 

21 SEC. 435. PLANNING AND TRAINING GRANTS; EMERGENCY 

22 PREPAREDNESS FUND. 

23 (a) REFERENCE TO SECRETARY OF TRANSPOR24 TATION.—Section 5116 is amended by striking ‘‘of Trans-
227

•S 1978 RS 

1 portation’’ each place it appears in subsections (a), (b), 

2 (c), (d), (g), and (i). 

3 (b) GOVERNMENT SHARE OF COSTS.—Section 

4 5116(e) is amended by striking the second sentence. 

5 (c) MONITORING AND TECHNICAL ASSISTANCE.—

6 Section 5116(f) is amended by striking ‘‘national response 

7 team’’ and inserting ‘‘National Response Team’’. 

8 (d) DELEGATION OF AUTHORITY.—Section 5116(g) 

9 is amended by striking ‘‘Government grant programs’’ and 

10 inserting ‘‘Federal financial assistance programs’’. 

11 (e) EMERGENCY PREPAREDNESS FUND.—

12 (1) NAME OF FUND.—Section 5116(i) is 

13 amended by inserting after ‘‘an account’’ the fol14 lowing: ‘‘(to be known as the ‘Emergency Prepared15 ness Fund’)’’. 

16 (2) PUBLICATION OF EMERGENCY RESPONSE

17 GUIDE.—Section 5116(i) is further amended—

18 (A) by striking ‘‘collects under section 

19 5108(g)(2)(A) of this title and’’; 

20 (B) by striking ‘‘and’’ after the semicolon 

21 in paragraph (2); 

22 (C) by redesignating paragraph (3) as 

23 paragraph (4); and 

24 (D) by inserting after paragraph (2) the 

25 following: 
228

•S 1978 RS 

1 ‘‘(3) to publish and distribute an emergency re2 sponse guide; and’’. 

3 (3) CONFORMING AMENDMENT.—Section 

4 5108(g)(2)(C) is amended by striking ‘‘the account 

5 the Secretary of the Treasury establishes’’ and in6 serting ‘‘the Emergency Response Fund estab7 lished’’. 

8 (f) REPORTS.—Section 5116(k) is amended—

9 (1) by striking the first sentence and inserting 

10 ‘‘The Secretary shall make available to the public 

11 annually information on the allocation and uses of 

12 planning grants under subsection (a), training 

13 grants under subsection (b), and grants under sub14 section (j) of this section and under section 5107 of 

15 this title.’’; and 

16 (2) by striking ‘‘Such report’’ in the second 

17 sentence and inserting ‘‘The information’’. 

18 SEC. 436. SPECIAL PERMITS AND EXCLUSIONS. 

19 (a) SPECIAL PERMITS AND EXCLUSIONS.—

20 (1) IN GENERAL.—Section 5117(a)(1) is 

21 amended by striking ‘‘the Secretary of Transpor22 tation may issue’’ and all that follows through ‘‘in 

23 a way’’ and inserting ‘‘the Secretary may issue, 

24 modify, or terminate a special permit authorizing 

25 variances from this chapter, or a regulation pre-
229

•S 1978 RS 

1 scribed under section 5103(b), 5104, 5110, or 5112 

2 of this title, to a person performing a function regu3 lated by the Secretary under section 5103(b)(1) of 

4 this title in a way’’. 

5 (2) DURATION.—Section 5117(a)(2) is amend6 ed to read as follows: 

7 ‘‘(2) A special permit under this subsection—

8 ‘‘(A) shall be effective when first issued for 

9 not more than 2 years; and 

10 ‘‘(B) may be renewed for successive peri11 ods of not more than 4 years each.’’. 

12 (b) REFERENCES TO SPECIAL PERMITS.—Section 

13 5117 is further amended—

14 (1) by striking ‘‘an exemption’’ each place it ap15 pears and inserting ‘‘a special permit’’; and 

16 (2) by striking ‘‘the exemption’’ each place it 

17 appears and inserting ‘‘the special permit’’. 

18 (c) CONFORMING AND CLERICAL AMENDMENTS.—

19 (1) CONFORMING AMENDMENT.—The heading 

20 of section 5117 is amended to read as follows: 

21 ‘‘§ 5117. Special permits and exclusions’’. 

22 (2) CLERICAL AMENDMENT.—The chapter anal23 ysis for chapter 51 is amended by striking the item 

24 relating to section 5117 and inserting the following:

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

25 (d) REPEAL OF SECTION 5118.—
230

•S 1978 RS 

1 (1) Section 5118 is repealed. 

2 (2) The chapter analysis for chapter 51 is 

3 amended by striking the item relating to section 

4 5118 and inserting the following:

‘‘5118. Repealed.’’.

5 SEC. 437. UNIFORM FORMS AND PROCEDURES. 

6 The text of section 5119 is amended to read as fol7 lows: 

8 ‘‘(a) IN GENERAL.—The Secretary may prescribe 

9 regulations to establish uniform forms and regulations for 

10 States on the following:

11 ‘‘(1) To register and issue permits to persons 

12 that transport or cause to be transported hazardous 

13 material by motor vehicles in a State. 

14 ‘‘(2) To permit the transportation of hazardous 

15 material in a State. 

16 ‘‘(b) UNIFORMITY IN FORMS AND PROCEDURES.—In 

17 prescribing regulations under subsection (a) of this sec18 tion, the Secretary shall develop procedures to eliminate 

19 discrepancies among the States in carrying out the activi20 ties covered by the regulations. 

21 ‘‘(c) LIMITATION.—The regulations prescribed under 

22 subsection (a) of this section may not define or limit the 

23 amount of any fees imposed or collected by a State for 

24 any activities covered by the regulations. 

25 ‘‘(d) EFFECTIVE DATE.—
231

•S 1978 RS 

1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2) of this subsection, the regulations pre3 scribed under subsection (a) of this section shall 

4 take effect 1 year after the date on which pre5 scribed. 

6 ‘‘(2) EXTENSION.—The Secretary may extend 

7 the 1-year period in subsection (a) for an additional 

8 year for good cause. 

9 ‘‘(e) STATE REGULATIONS.—After the regulations 

10 prescribed under subsection (a) of this section take effect 

11 under subsection (d) of this section, a State may establish, 

12 maintain, or enforce a requirement relating to the same 

13 subject matter only if the requirement is consistent with 

14 applicable requirements with respect to such activity in the 

15 regulations. 

16 ‘‘(f) INTERIM STATE PROGRAMS.—Pending the pre17 scription of regulations under subsection (a) of this sec18 tion, States may participate in the program of uniform 

19 forms and procedures recommended by the Alliance for 

20 Uniform Hazmat Transportation Procedures.’’. 

21 SEC. 438. INTERNATIONAL UNIFORMITY OF STANDARDS 

22 AND REQUIREMENTS. 

23 Section 5120 is amended by striking ‘‘of Transpor24 tation’’ each place it appears in subsections (a), (b), and 

25 (c)(1). 
232

•S 1978 RS 

1 SEC. 439. HAZARDOUS MATERIALS TRANSPORTATION SAFE2 TY AND SECURITY. 

3 The text of section 5121 is amended to read as fol4 lows: 

5 ‘‘(a) GENERAL AUTHORITY.—

6 ‘‘(1) To carry out this chapter, the Secretary 

7 may investigate, conduct tests, make reports, issue 

8 subpoenas, conduct hearings, require the production 

9 of records and property, take depositions, and con10 duct research, development, demonstration, and 

11 training activities. 

12 ‘‘(2) Except as provided in subsections (c) and 

13 (d) of this section, the Secretary shall provide notice 

14 and an opportunity for a hearing before issuing an 

15 order directing compliance with this chapter, a regu16 lation prescribed under this chapter, or an order, 

17 special permit, or approval issued under this chap18 ter. 

19 ‘‘(b) RECORDS, REPORTS, PROPERTY, AND INFORMA20 TION.—A person subject to this chapter shall—

21 ‘‘(1) maintain records, make reports, and pro22 vide property and information that the Secretary by 

23 regulation or order requires; and 

24 ‘‘(2) make the records, reports, property, and 

25 information available for inspection when the Sec26 retary undertakes an inspection or investigation. 
233

•S 1978 RS 

1 ‘‘(c) INSPECTIONS AND INVESTIGATIONS.—

2 ‘‘(1) A designated officer or employee of the 

3 Secretary may—

4 ‘‘(A) inspect and investigate, at a reason5 able time and in a reasonable way, records and 

6 property relating to a function described in sec7 tion 5103(b)(1) of this title; 

8 ‘‘(B) except for packaging immediately ad9 jacent to the hazardous material contents, gain 

10 access to, open, and examine a package offered 

11 for or in transportation when the officer or em12 ployees has an objectively reasonable and 

13 articulable belief that the package may contain 

14 hazardous material; 

15 ‘‘(C) remove from transportation a pack16 age or related packages in a shipment offered 

17 for or in transportation for which—

18 ‘‘(i) such officer or employee has an 

19 objectively reasonable and articulable belief 

20 that the package may pose an imminent 

21 hazard; and 

22 ‘‘(ii) such officer or employee contem23 poraneously documents such belief in ac24 cordance with procedures set forth in regu-
234

•S 1978 RS 

1 lations prescribed under subsection (e) of 

2 this section; 

3 ‘‘(D) gather information from the offeror, 

4 carrier, packaging manufacturer or retester, or 

5 other person responsible for a package or pack6 ages to ascertain the nature and hazards of the 

7 contents of the package or packages; 

8 ‘‘(E) as necessary under terms and condi9 tions prescribed by the Secretary, order the of10 feror, carrier, or other person responsible for a 

11 package or packages to have the package or 

12 packages transported to an appropriate facility, 

13 opened, examined, and analyzed; and 

14 ‘‘(F) when safety might otherwise be com15 promised, authorize properly qualified personnel 

16 to assist in activities carried out under this 

17 paragraph. 

18 ‘‘(2) An officer or employee acting under the 

19 authority of the Secretary under this subsection 

20 shall display proper credentials when requested. 

21 ‘‘(3) In instances when, as a result of an in22 spection or investigation under this subsection, an 

23 imminent hazards is not found to exist, the Sec24 retary shall, in accordance with procedures set forth 

25 in regulations prescribed under subsection (e) of this 
235

•S 1978 RS 

1 section, assist the safe resumption of transportation 

2 of the package, packages, or transport unit con3 cerned. 

4 ‘‘(d) EMERGENCY ORDERS.—

5 ‘‘(1) If, upon inspection, investigation, testing, 

6 or research, the Secretary determines that a viola7 tion of a provision of this chapter, or a regulation

8 prescribed under this chapter, or an unsafe condition 

9 or practice, constitutes or is causing an imminent 

10 hazard, the Secretary may issue or impose emer11 gency restrictions, prohibitions, recalls, or out-of12 service orders, without notice or an opportunity for 

13 a hearing, but only to the extent necessary to abate 

14 the imminent hazard. 

15 ‘‘(2) The action of the Secretary under para16 graph (1) of this subsection shall be in a written 

17 emergency order that—

18 ‘‘(A) describes the violation, condition, or 

19 practice that constitutes or is causing the immi20 nent hazard; 

21 ‘‘(B) states the restrictions, prohibitions, 

22 recalls, or out-of-service orders issued or im23 posed; and 

24 ‘‘(C) describe the standards and proce25 dures for obtaining relief from the order. 
236

•S 1978 RS 

1 ‘‘(3) After taking action under paragraph (1) of 

2 this subsection, the Secretary shall provide for re3 view of the action under section 554 of title 5 if a 

4 petition for review is filed within 20 calendar days 

5 of the issuance of the order for the action. 

6 ‘‘(4) If a petition for review of an action is filed 

7 under paragraph (3) of this subsection and the re8 view under that paragraph is not completed by the 

9 end of the 30-day period beginning on the date the 

10 petition is filed, the action shall cease to be effective 

11 at the end of such period unless the Secretary deter12 mines, in writing, that the imminent hazard pro13 viding a basis for the action continues to exist. 

14 ‘‘(5) In this subsection, the term ‘out-of-service 

15 order’ means a requirement that an aircraft, vessel, 

16 motor vehicle, train, railcar, locomotive, other vehi17 cle, transport unit, transport vehicle, freight con18 tainer, potable tank, or other package not be moved 

19 until specified conditions have been met. 

20 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

21 in accordance with section 553 of title 5 regulations to 

22 carry out the authority in subsections (c) and (d) of this 

23 section. 

24 ‘‘(f) FACILITY, STAFF, AND REPORTING SYSTEM ON

25 RISKS, EMERGENCIES, AND ACTIONS.—
237

•S 1978 RS 

1 ‘‘(1) The Secretary shall—

2 ‘‘(A) maintain a facility and technical staff 

3 sufficient to provide, within the United States 

4 Government, the capability of evaluating a risk 

5 relating to the transportation of hazardous ma6 terial and material alleged to be hazardous; 

7 ‘‘(B) maintain a central reporting system 

8 and information center capable of providing in9 formation and advice to law enforcement and 

10 firefighting personnel, and other interested indi11 viduals, and officers and employees of the 

12 United States Government and State and local 

13 governments on meeting an emergency relating 

14 to the transportation of hazardous material; 

15 and 

16 ‘‘(C) conduct a continuous review on all as17 pects of transporting hazardous material to de18 cide on and take appropriate actions to ensure 

19 safe transportation of hazardous material. 

20 ‘‘(2) Paragraph (1) of this subsection shall not 

21 prevent the Secretary from making a contract with 

22 a private entity for use of a supplemental reporting 

23 system and information center operated and main24 tained by the contractor. 
238

•S 1978 RS 

1 ‘‘(g) GRANTS, COOPERATIVE AGREEMENTS, AND

2 OTHER TRANSACTIONS.—The Secretary may enter into 

3 grants, cooperative agreements, and other transactions 

4 with a person, agency, or instrumentality of the United 

5 States, a unit of State or local government, an Indian 

6 tribe, a foreign government (in coordination with the De7 partment of State), an educational institution, or other ap8 propriate entity—

9 ‘‘(1) to expand risk assessment and emergency 

10 response capabilities with respect to the security of 

11 transportation of hazardous material; 

12 ‘‘(2) to conduct research, development, dem13 onstration, risk assessment and emergency response 

14 planning and training activities; or 

15 ‘‘(3) to otherwise carry out this chapter. 

16 ‘‘(h) REPORTS.—

17 ‘‘(1) The Secretary shall, once every 2 years, 

18 submit to the Senate Committee on Commerce, 

19 Science, and Transportation and the House of Rep20 resentatives Committee on Transportation and In21 frastructure a comprehensive report on the transpor22 tation of hazardous material during the preceding 2 

23 calendar years. Each report shall include, for the pe24 riod covered by such report—
239

•S 1978 RS 

1 ‘‘(A) a statistical compilation of the acci2 dents and casualties related to the transpor3 tation of hazardous material during such pe4 riod; 

5 ‘‘(B) a list and summary of applicable 

6 Government regulations, criteria, orders, and 

7 special permits; 

8 ‘‘(C) a summary of the basis for each spe9 cial permit issued; 

10 ‘‘(D) an evaluation of the effectiveness of 

11 enforcement activities relating to the transpor12 tation of hazardous material during such pe13 riod, and of the degree of voluntary compliance 

14 with regulations; 

15 ‘‘(E) a summary of outstanding problems 

16 in carrying out this chapter, set forth in order 

17 of priority; and 

18 ‘‘(F) any recommendations for legislative 

19 or administrative action that the Secretary con20 siders appropriate. 

21 ‘‘(2) Before December 31, 2004, and every 3 

22 years thereafter, the Secretary, through the Bureau 

23 of Transportation Statistics and in consultation with 

24 other Federal departments and agencies, shall sub25 mit a report to the Senate Committee on Commerce, 
240

•S 1978 RS 

1 Science, and Transportation and the House of Rep2 resentatives Committee on Transportation and In3 frastructure on the transportation of hazardous ma4 terial in all modes of transportation during the pre5 ceding 3 calendar years. Each report shall include, 

6 for the period covered by such report—

7 ‘‘(A) a summary of the hazardous material 

8 shipments, deliveries, and movements during 

9 such period, set forth by tonnage by mode, both 

10 domestically and across United States borders; 

11 and 

12 ‘‘(B) a summary of shipment estimates 

13 during such period as a proxy for risk. 

14 ‘‘(i) SECURITY SENSITIVE INFORMATION.—

15 ‘‘(1) If the Secretary determines that particular 

16 information may reveal a vulnerability of a haz17 ardous material to attack during transportation in 

18 commerce, or may facilitate the diversion of haz19 ardous material during transportation in commerce 

20 for use in an attack on people or property, the Sec21 retary may disclose such information only—

22 ‘‘(A) to the owner, custodian, offeror, or 

23 carrier of such hazardous material; 

24 ‘‘(B) to an officer, employee, or agent of 

25 the United States Government, or a State or 
241

•S 1978 RS 

1 local government, including volunteer fire de2 partments, concerned with carrying out trans3 portation safety laws, protecting hazardous ma4 terial in the course of transportation in com5 merce, protecting public safety or national secu6 rity, or enforcing Federal law designed to pro7 tect public health or the environment; or 

8 ‘‘(C) in an administrative or judicial pro9 ceeding brought under this chapter, under other 

10 Federal law intended to protect public health or 

11 the environment, or under other Federal law in12 tended to address terrorist actions or threats of 

13 terrorist actions. 

14 ‘‘(2) The Secretary may make determinations 

15 under paragraph (1) of this subsection with respect 

16 categories of information in accordance with regula17 tions prescribed by the Secretary. 

18 ‘‘(3) A release of information pursuant to a de19 termination under paragraph (1) of this subsection 

20 shall not be treated as a release of such information 

21 to the public for purposes of section 552 of title 5.’’. 

22 SEC. 440. ENFORCEMENT. 

23 (a) REFERENCE TO SECRETARY OF TRANSPOR24 TATION.—Section 5122(a) is amended by striking ‘‘of 

25 Transportation’’. 
242

•S 1978 RS 

1 (b) GENERAL.—Section 5122(a) is further amend2 ed—

3 (1) by striking ‘‘chapter or a regulation pre4 scribed or order’’ in the first sentence and inserting 

5 ‘‘chapter, a regulation prescribed under this chapter, 

6 or an order, special permit, or approval’’; and 

7 (2) by striking the second sentence and insert8 ing ‘‘In an action under this subsection, the court 

9 may award appropriate relief, including a temporary 

10 or permanent injunction, civil penalties under sec11 tion 5123 of this title, and punitive damages.’’. 

12 (c) IMMINENT HAZARDS.—Section 5122(b)(1)(B) is 

13 amended by striking ‘‘ameliorate’’ and inserting ‘‘miti14 gate’’. 

15 SEC. 441. CIVIL PENALTIES. 

16 (a) REFERENCE TO SECRETARY OF TRANSPOR17 TATION.—Section 5123(b) is amended by striking ‘‘of 

18 Transportation’’. 

19 (b) PENALTY.—Section 5123(a)(1) is amended—

20 (1) by striking ‘‘chapter or a regulation pre21 scribed or order’’ and inserting ‘‘chapter, a regula22 tion prescribed under this chapter, or an order, spe23 cial permit, or approval’’; and 

24 (2) by striking ‘‘$25,000’’ and inserting 

25 ‘‘$100,000’’. 
243

•S 1978 RS 

1 (c) HEARING REQUIREMENT.—Section 5123(b) is 

2 amended by striking ‘‘chapter or a regulation prescribed’’ 

3 and inserting ‘‘chapter, a regulation prescribed under this 

4 chapter, or an order, special permit, or approval issued’’. 

5 (d) CIVIL ACTIONS TO COLLECT.—Section 5123(d) 

6 is amended by striking ‘‘section.’’ and inserting ‘‘section 

7 and any accrued interest on the civil penalty as calculated 

8 in accordance with section 1005 of the Oil Pollution Act 

9 of 1990 (33 U.S.C. 2705). In the civil action, the amount 

10 and appropriateness of the civil penalty shall not be sub11 ject to review.’’. 

12 (e) EFFECTIVE DATE.—(1) The amendments made 

13 by subsections (b) and (c) of this section shall take effect 

14 on the date of the enactment of this Act, and shall apply 

15 with respect to violations described in section 5123(a) of 

16 title 49, United States Code (as amended by this section), 

17 that occur on or after that date. 

18 (2) The amendment made by subsection (d) of this 

19 section shall apply with respect to civil penalties imposed 

20 on violations described in section 5123(a) of title 49, 

21 United States Code (as amended by this section), which 

22 violations occur on or after the date of the enactment of 

23 this Act. 

24 SEC. 442. CRIMINAL PENALTIES. 

25 (a) IN GENERAL.—Section 5124 is amended—
244

•S 1978 RS 

1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

2 ‘‘A person’’; and 

3 (2) by striking ‘‘chapter or a regulation pre4 scribed or order’’ and inserting ‘‘chapter, a regula5 tion prescribed under this chapter, or an order, spe6 cial permit, or approval’’. 

7 (b) ADDITIONAL MATTERS.—That section is further 

8 amended by adding at the end the following: 

9 ‘‘(b) AGGRAVATED VIOLATIONS.—A person know10 ingly violating section 5104(b) of this title or willfully vio11 lating this chapter or a regulation prescribed, or an order, 

12 special permit, or approval issued, under this chapter, who 

13 thereby causes the release of hazardous material shall be 

14 fined under title 18, imprisoned for not more than 20 

15 years, or both. 

16 ‘‘(c) SEPARATE VIOLATIONS.—A separate violation 

17 occurs for each day the violation, committed by a person 

18 who transports or causes to be transported hazardous ma19 terial, continues.’’.

20 SEC. 443. PREEMPTION. 

21 (a) REFERENCE TO SECRETARY OF TRANSPOR22 TATION.—Section 5125(b)(2) is amended by striking ‘‘of 

23 Transportation’’. 

24 (b) PURPOSES.—Section 5125 is amended—
245

•S 1978 RS 

1 (1) by redesignating subsections (a), (b), (c), 

2 (d), (e), (f), and (g) as subsections (b), (c), (d), (e), 

3 (f), (g), and (h), respectively; 

4 (2) by inserting before subsection (b), as so re5 designated, the following:

6 ‘‘(a) PURPOSES.—The Secretary shall exercise the 

7 authority in this section—

8 ‘‘(1) to achieve uniform regulation of the trans9 portation of hazardous material; 

10 ‘‘(2) to eliminate rules that are inconsistent 

11 with the regulations prescribed under this chapter; 

12 and 

13 ‘‘(3) to otherwise promote the safe and efficient 

14 movement of hazardous material in commerce.’’; 

15 (3) by striking subsection (g), as redesignated; 

16 and 

17 (4) by redesignating subsection (h), as redesig18 nated, as subsection (g). 

19 (c) GENERAL PREEMPTION.—Section 5125(b), as re20 designated by subsection (b)(1) of this section, is further 

21 amended by striking ‘‘GENERAL.—Except as provided in 

22 subsection (b), (c), and (e)’’ and inserting ‘‘PREEMPTION

23 GENERALLY.—Except as provided in subsections (c), (d), 

24 and (f)’’. 
246

•S 1978 RS 

1 (d) SUBSTANTIVE DIFFERENCES.—Section 5125(c), 

2 as so redesignated, is further amended—

3 (1) in the matter preceding subparagraph (A) 

4 of paragraph (1), by striking ‘‘subsection (c)’’ and 

5 inserting ‘‘subsection (d)’’; 

6 (2) by striking subparagraph (E) of paragraph 

7 (1) and inserting the following: 

8 ‘‘(E) the manufacturing, designing, inspecting, 

9 testing, reconditioning, or repairing of a packaging 

10 or packaging component that is represented as quali11 fied for use in transporting hazardous material in 

12 commerce.’’; and 

13 (3) by striking ‘‘prescribes after November 16, 

14 1990. However, the’’ in paragraph (2) and inserting 

15 ‘‘prescribes. The’’. 

16 (e) DECISIONS ON PREEMPTION.—Section 5125(e), 

17 as so redesignated, is further amended by striking ‘‘sub18 section (a), (b)(1), or (c) of this section.’’ in the first sen19 tence and inserting ‘‘subsection (b), (c)(1), or (d) of this 

20 section or section 5119(b) of this title.’’.

21 (f) WAIVER OF PREEMPTION.—Section 5125(f), as so 

22 redesignated, is further amended by striking ‘‘subsection 

23 (a), (b)(1), or (c) of this section.’’ and inserting ‘‘sub24 section (b), (c)(1), or (d) of this section or section 5119(b) 

25 of this title.’’. 
247

•S 1978 RS 

1 (g) EMERGENCY WAIVER OF PREEMPTION; ADDI2 TIONAL MATTERS.—Section 5125 is further amended—

3 (1) by redesignating subsection (g), as redesig4 nated by subsection (b)(4) of this section, as sub5 section (j); and 

6 (2) by inserting after subsection (f), as redesig7 nated by subsection (b)(1) of this section, the fol8 lowing: 

9 ‘‘(g) EMERGENCY WAIVER OF PREEMPTION.—

10 ‘‘(1) The Secretary may, upon a finding of good 

11 cause, waive the preemption of a requirement of a 

12 State, political subdivision of a State, or Indian tribe 

13 under this section without prior notice or an oppor14 tunity for public comment thereon. 

15 ‘‘(2) For purposes of paragraph (1) of this sub16 section, good cause exists when—

17 ‘‘(A) there is a potential threat that haz18 ardous material being transported in commerce 

19 may be used in an attack on people or property; 

20 and 

21 ‘‘(B) notice and an opportunity for public 

22 comment thereon are impracticable or contrary 

23 to the public interest. 

24 ‘‘(3)(A) A waiver of preemption under para25 graph (1) of this subsection shall be in effect for a 
248

•S 1978 RS 

1 period specified by the Secretary, but not more than 

2 6 months. 

3 ‘‘(B) If the Secretary determines before the ex4 piration of a waiver of preemption under subpara5 graph (A) of this paragraph that the potential threat 

6 providing the basis for the waiver continues to exist, 

7 the Secretary may, after providing notice and an op8 portunity for public comment thereon, extend the 

9 duration of the waiver for such period after the expi10 ration of the waiver under that subparagraph as the 

11 Secretary considers appropriate. 

12 ‘‘(4) An action of the Secretary under para13 graph (1) or (3) of this subsection shall be in writ14 ing and shall set forth the standards and procedures 

15 for seeking reconsideration of the action. 

16 ‘‘(5) After taking action under paragraph (1) or 

17 (3) of this subsection, the Secretary shall provide for 

18 review of the action if a petition for review of the 

19 action is filed within 20 calendar days after the date 

20 of the action. 

21 ‘‘(6) If a petition for review of an action is filed 

22 under paragraph (5) of this subsection and review of 

23 the action is not completed by the end of the 30-day 

24 period beginning on the date the petition is filed, the 

25 waiver under this subsection shall cease to be effec-
249

•S 1978 RS 

1 tive at the end of such period unless the Secretary 

2 determines, in writing, that the potential threat pro3 viding the basis for the waiver continues. 

4 ‘‘(h) APPLICATION OF EACH PREEMPTION STAND5 ARD.—Each standard for preemption in subsection (b),

6 (c)(1), or (d) of this section, and in section 5119(b) of 

7 this title, is independent in its application to a require8 ment of a State, political subdivision of a State, or Indian 

9 tribe. 

10 ‘‘(i) NON-FEDERAL ENFORCEMENT STANDARDS.—

11 This section does not apply to any procedure, penalty, re12 quired mental state, or other standard utilized by a State, 

13 political subdivision of a State, or Indian tribe to enforce 

14 a requirement applicable to the transportation of haz15 ardous material.’’.

16 SEC. 444. RELATIONSHIP TO OTHER LAWS. 

17 Section 5126 is amended—

18 (1) by striking ‘‘or causes to be transported 

19 hazardous material,’’ in subsection (a) and inserting 

20 ‘‘hazardous material, or causes hazardous material 

21 to be transported,’’; 

22 (2) by striking ‘‘manufactures,’’ and all that 

23 follows through ‘‘or sells’’ in subsection (a) and in24 serting ‘‘manufactures, designs, inspects, tests, re-
250

•S 1978 RS 

1 conditions, marks, or repairs a packaging or pack2 aging component that is represented’’; 

3 (3) by striking ‘‘must’’ in subsection (a) and in4 serting ‘‘shall’’; 

5 (4) by striking ‘‘manufacturing,’’ in subsection 

6 (a) and all that follows through ‘‘testing’’ and in7 serting ‘‘manufacturing, designing, inspecting, test8 ing, reconditioning, marking, or repairing’’; and 

9 (5) by striking ‘‘39.’’ in subsection (b)(2) and 

10 inserting ‘‘39, except in the case of an imminent 

11 hazard.’’. 

12 SEC. 445. JUDICIAL REVIEW. 

13 (a) IN GENERAL.—Chapter 51 is amended—

14 (1) by redesignating section 5127 as section 

15 5128; and 

16 (2) by inserting after section 5126 the fol17 lowing: 

18 ‘‘§ 5127. Judicial review 

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

20 section 20114(c) of this title, a person suffering legal 

21 wrong or adversely affected or aggrieved by a final action 

22 of the Secretary under this chapter may petition for review 

23 of the final action in the United States Court of Appeals 

24 for the District of Columbia or in the court of appeals 

25 of the United States for the circuit in which the person 
251

•S 1978 RS 

1 or resides or has the principal place of business. The peti2 tion shall be filed not more than 60 days after the action 

3 of the Secretary becomes final. 

4 ‘‘(b) PROCEDURES.—When a petition on a final ac5 tion is filed under subsection (a) of this section, the clerk 

6 of the court shall immediately send a copy of the petition 

7 to the Secretary. The Secretary shall file with the court 

8 a record of any proceeding in which the final action was 

9 issued as provided in section 2112 of title 28. 

10 ‘‘(c) AUTHORITY OF COURT.—The court in which a 

11 petition on a final action is filed under subsection (a) of 

12 this section has exclusive jurisdiction, as provided in sub13 chapter II of chapter 5 of title 5 to affirm or set aside 

14 any part of the final action and may order the Secretary 

15 to conduct further proceedings. Findings of fact by the 

16 Secretary, if supported by substantial evidence, are conclu17 sive. 

18 ‘‘(d) REQUIREMENT FOR PRIOR OBJECTIONS.—In 

19 reviewing a final action under this section, the court may 

20 consider an objection to the final action only if—

21 ‘‘(1) the objection was made in the course of a 

22 proceeding or review conducted by the Secretary; or 

23 ‘‘(2) there was a reasonable ground for not 

24 making the objection in the proceeding.’’. 
252

•S 1978 RS 

1 (b) CLERICAL AMENDMENT.—The chapter analysis 

2 for chapter 51 is amended by striking the item relating 

3 to section 5127 and inserting the following:

‘‘5127. Judicial review. 

‘‘5128. Authorization of appropriations.’’.

4 SEC. 446. AUTHORIZATION OF APPROPRIATIONS. 

5 Section 5128, as redesignated by section 445 of this 

6 Act, is amended to read as follows: 

7 ‘‘§ 5128. Authorization of appropriations 

8 ‘‘(a) GENERAL.—In order to carry out this chapter 

9 (except sections 5107(e), 5108(g), 5112, 5113, 5115, 

10 5116, and 5119 of this title), the following amounts are 

11 authorized to be appropriated to the Secretary: 

12 ‘‘(1) For fiscal year 2004, not more than 

13 $24,981,000. 

14 ‘‘(2) For fiscal year 2005, not more than 

15 $27,000,000. 

16 ‘‘(3) For fiscal year 2006, not more than 

17 $29,000,000. 

18 ‘‘(4) For each of fiscal years 2007 through 

19 2009, not more than $30,000,000. 

20 ‘‘(b) EMERGENCY PREPAREDNESS FUND.—There 

21 shall be available from the Emergency Preparedness Fund 

22 under section 5116(i) of this title, amounts as follows: 
253

•S 1978 RS 

1 ‘‘(1) To carry out section 5107(e) of this title, 

2 $4,000,000 for each of fiscal years 2004 through 

3 2009. 

4 ‘‘(2) To carry out section 5115 of this title, 

5 $200,000 for each of fiscal years 2004 through 

6 2009. 

7 ‘‘(3) To carry out section 5116(a) of this title, 

8 $8,000,000 for each of fiscal years 2004 through 

9 2009. 

10 ‘‘(4) To carry out section 5116(b) of this title, 

11 $13,800,000 for each of fiscal years 2004 through 

12 2009. 

13 ‘‘(5) To carry out section 5116(f) of this title, 

14 $150,000 for each of fiscal years 2004 through 

15 2009. 

16 ‘‘(6) To carry out section 5116(i)(4) of this 

17 title, $150,000 for each of fiscal years 2004 through 

18 2009. 

19 ‘‘(7) To carry out section 5116(j) of this title, 

20 $1,000,000 for each of fiscal years 2004 through 

21 2009. 

22 ‘‘(8) To publish and distribute an emergency 

23 response guidebook under section 5116(i)(3) of title 

24 49, United States Code, $500,000 for each of fiscal 

25 years 2004 through 2009. 
254

•S 1978 RS 

1 ‘‘(c) CREDIT TO APPROPRIATIONS.—The Secretary 

2 may credit to any appropriation to carry out this chapter 

3 an amount received from a State, political subdivision of 

4 a State, Indian tribe, or other public authority or private 

5 entity for expenses the Secretary incurs in providing train6 ing to the State, political subdivision, Indian tribe, or 

7 other authority or entity.

8 ‘‘(d) AVAILABILITY OF AMOUNTS.—Amounts avail9 able under subsections (a) and (b) of this section shall 

10 remain available until expended.’’. 

11 SEC. 447. ADDITIONAL CIVIL AND CRIMINAL PENALTIES. 

12 (a) TITLE 49 PENALTIES.—Section 46312 is amend13 ed—

14 (1) by striking ‘‘part—’’ in subsection (a) and 

15 inserting ‘‘part or chapter 51 of this title—’’; and 

16 (2) by inserting ‘‘or chapter 51 of this title’’ in 

17 subsection (b) after ‘‘under this part’’. 

18 (b) TITLE 18 PENALTIES.—Section 3663(a)(1)(A) of 

19 title 18, United States Code, is amended by inserting 

20 ‘‘5124,’’ before ‘‘46312,’’. 

21 Subtitle B—Other Matters 

22 SEC. 461. ADMINISTRATIVE AUTHORITY FOR RESEARCH 

23 AND SPECIAL PROGRAMS ADMINISTRATION. 

24 Section 112 is amended—
255

•S 1978 RS 

1 (1) by redesignating subsection (e) as sub2 section (f); and 

3 (2) by inserting after subsection (d) the fol4 lowing: 

5 ‘‘(e) ADMINISTRATIVE AUTHORITIES.—

6 ‘‘(1) GRANTS, COOPERATIVE AGREEMENTS, AND

7 OTHER TRANSACTIONS.—The Administrator may 

8 enter into grants, cooperative agreements, and other 

9 transactions with Federal agencies, State and local 

10 government agencies, other public entities, private 

11 organizations, and other persons—

12 ‘‘(A) to conduct research into transpor13 tation service and infrastructure assurance; and 

14 ‘‘(B) to carry out other research activities 

15 of the Administration. 

16 ‘‘(2) LIMITATION ON DISCLOSURE OF CERTAIN

17 INFORMATION.—

18 ‘‘(A) LIMITATION.—If the Administrator 

19 determines that particular information devel20 oped in research sponsored by the Administra21 tion may reveal a systemic vulnerability of 

22 transportation service or infrastructure, such 

23 information may be disclosed only to—
256

•S 1978 RS 

1 ‘‘(i) a person responsible for the secu2 rity of the transportation service or infra3 structure; or 

4 ‘‘(ii) a person responsible for pro5 tecting public safety; or 

6 ‘‘(iii) an officer, employee, or agent of 

7 the Federal Government, or a State or 

8 local government, who, as determined by 

9 the Administrator, has need for such infor10 mation in the performance of official du11 ties. 

12 ‘‘(B) TREATMENT OF RELEASE.—The re13 lease of information under subparagraph (A) 

14 shall not be treated as a release to the public 

15 for purposes of section 552 of title 5.’’. 

16 SEC. 462. MAILABILITY OF HAZARDOUS MATERIALS. 

17 (a) NONMAILABILITY GENERALLY.—Section 3001 of 

18 title 39, United States Code, is amended—

19 (1) by redesignating subsection (n) as sub20 section (o); and 

21 (2) by inserting after subsection (m) the fol22 lowing: 

23 ‘‘(n)(1) Except as otherwise authorized by law or reg24 ulations of the Postal Service under section 3018 of this 

25 title, hazardous material is nonmailable. 
257

•S 1978 RS 

1 ‘‘(2) In this subsection, the term ‘hazardous material’ 

2 means a substance or material designated by the Secretary 

3 of Transportation as hazardous material under section 

4 5103(a) of title 49.’’. 

5 (b) MAILABILITY.—

6 (1) IN GENERAL.—Chapter 30 of title 39, 

7 United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘§ 3018. Hazardous material 

10 ‘‘(a) IN GENERAL.—The Postal Service shall pre11 scribe regulations for the safe transportation of hazardous 

12 material in the mails. 

13 ‘‘(b) PROHIBITIONS.—No person may—

14 ‘‘(1) mail or cause to be mailed hazardous ma15 terial that has been declared by statute or Postal 

16 Service regulation to be nonmailable; 

17 ‘‘(2) mail or cause to be mailed hazardous ma18 terial in violation of any statute or Postal Service 

19 regulation restricting the time, place, or manner in 

20 which hazardous material may be mailed; or 

21 ‘‘(3) manufacture, distribute, or sell any con22 tainer, packaging kit, or similar device that—

23 ‘‘(A) is represented, marked, certified, or 

24 sold by such person for use in the mailing of 

25 hazardous material; and 
258

•S 1978 RS 

1 ‘‘(B) fails to conform with any statute or 

2 Postal Service regulation setting forth stand3 ards for a container, packaging kit, or similar 

4 device used for the mailing of hazardous mate5 rial. 

6 ‘‘(c) CIVIL PENALTY.—

7 ‘‘(1) IN GENERAL.—A person who knowingly 

8 violates this section or a regulation prescribed under 

9 this section shall be liable to the Postal Service 

10 for—

11 ‘‘(A) a civil penalty of at least $250, but 

12 not more than $100,000, for each violation; 

13 ‘‘(B) the costs of any clean-up associated 

14 with such violation; and 

15 ‘‘(C) damages. 

16 ‘‘(2) KNOWING ACTION.—A person acts know17 ingly for purposes of paragraph (1) when—

18 ‘‘(A) the person has actual knowledge of 

19 the facts giving rise to the violation; or 

20 ‘‘(B) a reasonable person acting in the cir21 cumstances and exercising reasonable care 

22 would have had that knowledge. 

23 ‘‘(3) KNOWLEDGE OF STATUTE OR REGULA24 TION NOT ELEMENT OF OFFENSE.—Knowledge of 

25 the existence of a statutory provision or Postal Serv-
259

•S 1978 RS 

1 ice regulation is not an element of an offense under 

2 this subsection. 

3 ‘‘(4) SEPARATE VIOLATIONS.—

4 ‘‘(A) VIOLATIONS OVER TIME.—A separate 

5 violation under this subsection occurs for each 

6 day hazardous material, mailed or cause to be 

7 mailed in noncompliance with this section, is in 

8 the mail.

9 ‘‘(B) SEPARATE ITEMS.—A separate viola10 tion under this subsection occurs for each item 

11 containing hazardous material that is mailed or 

12 caused to be mailed in noncompliance with this 

13 section. 

14 ‘‘(d) HEARINGS.—The Postal Service may determine 

15 that a person has violated this section or a regulation pre16 scribed under this section only after notice and an oppor17 tunity for a hearing. 

18 ‘‘(e) PENALTY CONSIDERATIONS.—In determining 

19 the amount of a civil penalty for a violation of this section, 

20 the Postal Service shall consider—

21 ‘‘(1) the nature, circumstances, extent, and 

22 gravity of the violation; 

23 ‘‘(2) with respect to the person who committed 

24 the violation, the degree of culpability, any history of 
260

•S 1978 RS 

1 prior violations, the ability to pay, and any effect on 

2 the ability to continue in business; 

3 ‘‘(3) the impact on Postal Service operations; 

4 and 

5 ‘‘(4) any other matters that justice requires. 

6 ‘‘(f) CIVIL ACTIONS TO COLLECT.—

7 ‘‘(1) IN GENERAL.—In accordance with section 

8 409(d) of this title, a civil action may be commenced 

9 in an appropriate district court of the United States 

10 to collect a civil penalty, clean-up costs, and dam11 ages assessed under subsection (c). 

12 ‘‘(2) LIMITATION.—In a civil action under para13 graph (1), the validity, amount, and appropriateness 

14 of the civil penalty, clean-up costs, and damages cov15 ered by the civil action shall not be subject to review. 

16 ‘‘(3) COMPROMISE.—The Postal Service may 

17 compromise the amount a civil penalty, clean-up 

18 costs, and damages assessed under subsection (c) be19 fore commencing a civil action with respect to such 

20 civil penalty, clean-up costs, and damages under 

21 paragraph (1). 

22 ‘‘(g) CIVIL JUDICIAL PENALTIES.—

23 ‘‘(1) IN GENERAL.—At the request of the Post24 al Service, the Attorney General may bring a civil 

25 action in an appropriate district court of the United 
261

•S 1978 RS 

1 States to enforce this section or a regulation pre2 scribed under this section. 

3 ‘‘(2) RELIEF.—The court in a civil action under 

4 paragraph (1) may award appropriate relief, includ5 ing a temporary or permanent injunction, civil pen6 alties as determined in accordance with this section, 

7 or punitive damages. 

8 ‘‘(3) CONSTRUCTION.—A civil action under this 

9 subsection shall be in lieu of civil penalties for the 

10 same violation under subsection (c)(1)(A). 

11 ‘‘(h) DEPOSIT OF AMOUNTS COLLECTED.—Amounts 

12 collected under this section shall be deposited into the 

13 Postal Service Fund under section 2003 of this title.’’. 

14 (2) CONFORMING AMENDMENT.—The chapter 

15 analysis for chapter 30 of title 39, United States 

16 Code, is amended by adding at the end the fol17 lowing:

‘‘3018. Hazardous material.’’.

18 (c) CONFORMING AMENDMENT.—Section 2003(b) of 

19 title 39, United States Code, is amended—

20 (1) by striking ‘‘and’’ after the semicolon in 

21 paragraph (7); 

22 (2) by striking ‘‘purposes.’’ in paragraph (8) 

23 and inserting ‘‘purposes; and’’; and 

24 (3) by adding at the end the following: 
262

•S 1978 RS 

1 ‘‘(9) any amounts collected under section 3018 

2 of this title.’’. 

3 SEC. 463. CRIMINAL MATTERS. 

4 Section 845(a)(1) of title 18, United States Code, is 

5 amended by striking ‘‘which are regulated’’ and all that 

6 follows and inserting ‘‘that is subject to the authority of 

7 the Departments of Transportation and Homeland Secu8 rity;’’. 

9 SEC. 464. CARGO INSPECTION PROGRAM. 

10 (a) IN GENERAL.—The Secretary of Transportation 

11 may establish a program of random inspections of cargo 

12 at points of entry into the United States for the purpose 

13 of determining the extent to which undeclared hazardous 

14 material is being offered for transportation in commerce 

15 through such points of entry. 

16 (b) INSPECTIONS.—Under the program under sub17 section (a)—

18 (1) an officer of the Department of Transpor19 tation who is not located at a point of entry into the 

20 United States may select at random cargo shipments 

21 at points of entry into the United States for inspec22 tion; and 

23 (2) an officer or employee of the Department 

24 may open and inspect each cargo shipment so se25 lected for the purpose described in subsection (a). 
263

•S 1978 RS 

1 (c) COORDINATION.—The Secretary of Transpor2 tation shall coordinate any inspections under the program 

3 under subsection (a) with the Secretary of Homeland Se4 curity. 

5 (d) DISPOSITION OF HAZARDOUS MATERIALS.—The 

6 Secretary of Transportation shall provide for the appro7 priate handling and disposition of any hazardous material 

8 discovered pursuant to inspections under the program 

9 under subsection (a). 

10 SEC. 465. INFORMATION ON HAZMAT REGISTRATIONS. 

11 The Administrator of the Department of Transpor12 tation’s Research and Special Programs Administration 

13 shall—

14 (1) transmit current hazardous material reg15 istrant information to the Federal Motor Carrier 

16 Safety Administration to cross reference the reg17 istrant’s Federal motor carrier registration number; 

18 and 

19 (2) notify the Federal Motor Carrier Safety Ad20 ministration immediately, and provide a registrant’s 

21 United States Department of Transportation identi22 fication number to the Administration, whenever a 

23 new registrant registers to transport hazardous ma24 terials as a motor carrier. 
264

•S 1978 RS 

1 SEC. 466. REPORT ON APPLYING HAZARDOUS MATERIALS 

2 REGULATIONS TO PERSONS WHO REJECT 

3 HAZARDOUS MATERIALS. 

4 Within 6 months after the date of enactment of this 

5 Act, the Secretary of Transportation shall complete an as6 sessment of the costs and benefits of subjecting persons 

7 who reject hazardous material for transportation in com8 merce to the hazardous materials laws and regulations. In 

9 completing this assessment, the Secretary shall—

10 (1) estimate the number of affected employers 

11 and employees;

12 (2) determine what actions would be required 

13 by them to comply with such laws and regulations; 

14 and 

15 (3) consider whether and to what extent the ap16 plication of Federal hazardous materials laws and 

17 regulations should be limited to—

18 (A) particular modes of transportation; 

19 (B) certain categories of employees; or 

20 (C) certain classes or categories of haz21 ardous materials. 

22 Subtitle C—Sanitary Food 

23 Transportation 

24 SEC. 481. SHORT TITLE. 

25 This subtitle may be cited as the ‘‘Sanitary Food 

26 Transportation Act of 2003’’. 
265

•S 1978 RS 

1 SEC. 482. 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. 416. 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. 
266

•S 1978 RS 

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 
267

•S 1978 RS 

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.—
268

•S 1978 RS 

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 the section heading and all 

23 that follows through ‘‘For the purpose’’ and in24 serting the following: 
269

•S 1978 RS 

1 ‘‘SEC. 703. RECORDS. 

2 ‘‘(a) IN GENERAL.—For the purpose’’; and 

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

4 ‘‘(b) FOOD TRANSPORTATION RECORDS.—A shipper, 

5 carrier by motor vehicle or rail vehicle, receiver, or other 

6 person subject to section 416 shall, on request of an officer 

7 or employee designated by the Secretary, permit the offi8 cer or employee, at reasonable times, to have access to

9 and to copy all records that the Secretary requires to be 

10 kept under section 416(c)(1)(E).’’. 

11 (2) CONFORMING AMENDMENT.—Subsection (a) 

12 of section 703 of the Federal Food, Drug, and Cos13 metic Act (as designated by paragraph (1)(A)) is 

14 amended by striking ‘‘carriers.’’ and inserting ‘‘car15 riers, except as provided in subsection (b)’’. 

16 (d) PROHIBITED ACTS.—

17 (1) RECORDS INSPECTION.—Section 301(e) of 

18 the Federal Food, Drug, and Cosmetic Act (21 

19 U.S.C. 331(e)) is amended by inserting ‘‘416,’’ be20 fore ‘‘504,’’ each place it appears. 

21 (2) UNSAFE FOOD TRANSPORTATION.—Section 

22 301 of the Federal Food, Drug, and Cosmetic Act 

23 (21 U.S.C. 331) is amended by adding at the end 

24 the following: 

25 ‘‘(hh) NONCOMPLIANCE WITH SANITARY TRANSPOR26 TATION PRACTICES.—The failure by a shipper, carrier by 
270

•S 1978 RS 

1 motor vehicle or rail vehicle, receiver, or any other person 

2 engaged in the transportation of food to comply with the 

3 sanitary transportation practices prescribed by the Sec4 retary under section 416.’’. 

5 SEC. 483. DEPARTMENT OF TRANSPORTATION REQUIRE6 MENTS. 

7 Chapter 57 of title 49, United States Code, is amend8 ed to read as follows: 

9 ‘‘CHAPTER 57—SANITARY FOOD 

10 TRANSPORTATION

‘‘Sec. 

‘‘5701. Food transportation safety inspections.

11 ‘‘§ 5701. Food transportation safety inspections 

12 ‘‘(a) INSPECTION PROCEDURES.—

13 ‘‘(1) IN GENERAL.—The Secretary of Transpor14 tation, in consultation with the Secretary of Health 

15 and Human Services and the Secretary of Agri16 culture, shall—

17 ‘‘(A) establish procedures for transpor18 tation safety inspections for the purpose of 

19 identifying suspected incidents of contamination 

20 or adulteration of—

21 ‘‘(i) food in violation of regulations 

22 promulgated under section 416 of the Fed23 eral Food, Drug, and Cosmetic Act; and 
271

•S 1978 RS 

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-
272

•S 1978 RS 

1 ducted by State employees using funds authorized to be 

2 appropriated under sections 31102 through 31104 of this 

3 title.’’. 

4 SEC. 484. EFFECTIVE DATE. 

5 This subtitle takes effect on October 1, 2003. 

6 TITLE V—RECREATIONAL 

7 BOATING SAFETY PROGRAMS 

8 SEC. 501. SHORT TITLE. 

9 This title may be cited as the ‘‘Sport Fishing and 

10 Recreational Boating Safety Act’’. 

11 Subtitle A—Federal Aid in Sport 

12 Fish Restoration Act Amendments 

13 SEC. 521. AMENDMENT OF FEDERAL AID IN FISH RESTORA14 TION ACT. 

15 Except as otherwise expressly provided, whenever in 

16 this title an amendment or repeal is expressed in terms 

17 of an amendment to, or repeal of, a section or other provi18 sion, the reference shall be considered to be made to a 

19 section or other provision of the Act entitled ‘‘An Act to 

20 provide that the United States shall aid the States in fish 

21 restoration and management projects, and for other pur22 poses,’’ approved August 9, 1950 (64 Stat. 430; 16 U.S.C. 

23 777 et seq.). 

24 SEC. 522. AUTHORIZATION OF APPROPRIATIONS. 

25 Section 3 (16 U.S.C. 777b) is amended—
273

•S 1978 RS 

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 55.3 percent of 

8 each annual appropriation to be apportioned among 

9 the States, as provided for in section 4(b) of this 

10 Act.’’. 

11 SEC. 523. DIVISION OF ANNUAL APPROPRIATIONS. 

12 Section 4 (16 U.S.C. 777c) is amended—

13 (1) by striking subsections (a) through (d) and 

14 redesignating subsections (e), (f), and (g) as sub15 sections (b), (c), and (d); 

16 (2) by inserting before subsection (b), as redes17 ignated, the following: 

18 ‘‘(a) IN GENERAL.—For fiscal years 2004 through 

19 2009, each annual appropriation made in accordance with 

20 the provisions of section 3 of this Act shall be distributed 

21 as follows: 

22 ‘‘(1) COASTAL WETLANDS.—18 percent to the 

23 Secretary of the Interior for distribution as provided 

24 in the Coastal Wetlands Planning, Protection, and 

25 Restoration Act (16 U.S.C. 3951 et seq.). 
274

•S 1978 RS 

1 ‘‘(2) BOATING SAFETY.—18 percent to the Sec2 retary of Homeland Security for State recreational 

3 boating safety programs under section 13106 of title 

4 46, United States Code.

5 ‘‘(3) CLEAN VESSEL ACT.—1.9 percent to the 

6 Secretary of the Interior for qualified projects under 

7 section 5604(c) of the Clean Vessel Act of 1992 (33 

8 U.S.C. 1322 note). 

9 ‘‘(4) BOATING INFRASTRUCTURE.—1.9 percent 

10 to the Secretary of the Interior for obligation for 

11 qualified projects under section 7404(d) of the 

12 Sportfishing and Boating Safety Act of 1998 (16 

13 U.S.C. 777g–1(d)). 

14 ‘‘(5) NATIONAL OUTREACH AND COMMUNICA15 TIONS.—1.9 percent to the Secretary of the Interior 

16 for the National Outreach and Communications Pro17 gram under section 8(d) of this Act. Such amounts 

18 shall remain available for 3 fiscal years, after which 

19 any portion thereof that is unobligated by the Sec20 retary for that program may be expended by the 

21 Secretary under subsection (b) of this section. 

22 ‘‘(6) SET-ASIDE FOR EXPENSES FOR ADMINIS23 TRATION OF THIS CHAPTER.—

24 ‘‘(A) IN GENERAL.—2.1 percent to the 

25 Secretary of the Interior for expenses for ad-
275

•S 1978 RS 

1 ministration incurred in implementation of this 

2 Act, in accordance with this section, section 9, 

3 and section 14 of this Act. 

4 ‘‘(B) APPORTIONMENT OF UNOBLIGATED

5 FUNDS.—If any portion of the amount made 

6 available to the Secretary under subparagraph 

7 (A) remains unexpended and unobligated at the 

8 end of a fiscal year, that portion shall be appor9 tioned among the States, on the same basis and 

10 in the same manner as other amounts made 

11 available under this Act are apportioned among 

12 the States under subsection (b) of this section, 

13 within 60 days after the end of that fiscal year. 

14 Any amount apportioned among the States 

15 under this subparagraph shall be in addition to 

16 any amounts otherwise available for apportion17 ment among the States under subsection (b) for 

18 the fiscal year.’’; 

19 (3) by striking ‘‘of the Interior, after the dis20 tribution, transfer, use, and deduction under sub21 sections (a), (b), (c), and (d), respectively, and after 

22 deducting amounts used for grants under section 14, 

23 shall apportion the remainder’’ in subsection (b), as 

24 redesignated, and inserting ‘‘shall apportion 55.3 

25 percent’’; 
276

•S 1978 RS 

1 (4) by striking ‘‘per centum’’ each place it ap2 pears in subsection (b), as redesignated, and insert3 ing ‘‘percent’’; 

4 (5) by striking ‘‘subsections (a), (b)(3)(A), 

5 (b)(3)(B), and (c)’’ in paragraph (1) of subsection 

6 (d), as redesignated, and inserting ‘‘paragraphs (1), 

7 (3), (4), and (5) of subsection (a)’’; and 

8 (6) by adding at the end the following: 

9 ‘‘(e) TRANSFER OF CERTAIN FUNDS.—Amounts 

10 available under paragraphs (3) and (4) of subsection (a) 

11 that are unobligated by the Secretary after 3 fiscal years 

12 shall be transferred to the Secretary of Homeland Security 

13 and shall be expended for State recreational boating safety 

14 programs under section 13106(a) of title 46, United 

15 States Code.’’. 

16 SEC. 524. MAINTENANCE OF PROJECTS. 

17 Section 8 (16 U.S.C. 777g) is amended—

18 (1) by striking ‘‘in carrying out the research 

19 program of the Fish and Wildlife Service in respect 

20 to fish of material value for sport or recreation.’’ in 

21 subsection (b)(2) and inserting ‘‘to supplement the 

22 55.3 percent of each annual appropriation to be ap23 portioned among the States under section 4(b) of 

24 this Act.’’; and 
277

•S 1978 RS 

1 (2) by striking ‘‘subsection (c) or (d) of section 

2 4’’ in subsection (d)(3) and inserting ‘‘paragraph (5) 

3 or (6) of section 4(a)’’. 

4 SEC. 525. BOATING INFRASTRUCTURE. 

5 Section 7404(d)(1) of the Sportfishing and Boating 

6 Safety Act of 1998 (16 U.S.C. 777g–1(d)(1)) is amended 

7 by striking ‘‘section 4(b)(3)(B)’’ and inserting ‘‘section 

8 4(a)(4)’’. 

9 SEC. 526. REQUIREMENTS AND RESTRICTIONS CON10 CERNING USE OF AMOUNTS FOR EXPENSES 

11 FOR ADMINISTRATION. 

12 Section 9 (16 U.S.C. 777h) is amended—

13 (1) by striking ‘‘section 4(d)(1)’’ in subsection 

14 (a) and inserting ‘‘section 4(a)(6)’’; and 

15 (2) by striking ‘‘section 4(d)(1)’’ in subsection 

16 (b)(1) and inserting ‘‘section 4(a)(6)’’. 

17 SEC. 527. PAYMENTS OF FUNDS TO AND COOPERATION 

18 WITH PUERTO RICO, THE DISTRICT OF CO19 LUMBIA, GUAM, AMERICAN SAMOA, THE COM20 MONWEALTH OF THE NORTHERN MARIANA 

21 ISLANDS, AND THE VIRGIN ISLANDS. 

22 Section 12 (16 U.S.C. 777k) is amended by striking 

23 ‘‘in carrying on the research program of the Fish and 

24 Wildlife Service in respect to fish of material value for 

25 sport or recreation.’’ and inserting ‘‘to supplement the 
278

•S 1978 RS 

1 55.3 percent of each annual appropriation to be appor2 tioned among the States under section 4(b) of this Act.’’. 

3 SEC. 528. MULTISTATE CONSERVATION GRANT PROGRAM. 

4 Section 14 (16 U.S.C. 777m) is amended—

5 (1) by striking so much of subsection (a) as 

6 precedes paragraph (2) and inserting the following: 

7 ‘‘(a) IN GENERAL.—

8 ‘‘(1) AMOUNT FOR GRANTS.—For each of fiscal 

9 years 2004 through 2009, 0.9 percent of each an10 nual appropriation made in accordance with the pro11 visions of section 3 of this Act shall be distributed 

12 to the Secretary of the Interior for making 

13 multistate conservation project grants in accordance 

14 with this section.’’; 

15 (2) by striking ‘‘section 4(e)’’ each place it ap16 pears in subsection (a)(2)(B) and inserting ‘‘section 

17 4(b)’’; and 

18 (3) by striking ‘‘Of the balance of each annual 

19 appropriation made under section 3 remaining after 

20 the distribution and use under subsections (a), (b), 

21 and (c) of section 4 for each fiscal year and after 

22 deducting amounts used for grants under subsection 

23 (a)—’’ in subsection (e) and inserting ‘‘Of amounts 

24 made available under section 4(a)(6) for each fiscal 

25 year—’’. 
279

•S 1978 RS 

1 Subtitle B—Clean Vessel Act 

2 Amendments 

3 SEC. 541. 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. 561. 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. 562. 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’’. 
280

•S 1978 RS 

1 SEC. 563. AUTHORIZATION OF APPROPRIATIONS FOR 

2 STATE RECREATIONAL BOATING SAFETY 

3 PROGRAMS. 

4 Section 13106(c) of title 46, United States Code, is 

5 amended—

6 (1) by striking ‘‘Secretary of Transportation 

7 under paragraphs (2) and (3) of section 4(b)’’ and 

8 inserting ‘‘Secretary under subsections (a)(2) and 

9 (e) of section 4’’; and 

10 (2) by inserting ‘‘a minimum of’’ before 

11 ‘‘$2,083,333’’. 

12 SEC. 564. MAINTENANCE OF EFFORT FOR STATE REC13 REATIONAL BOATING SAFETY PROGRAMS. 

14 (a) IN GENERAL.—Chapter 131 of title 46, United 

15 States Code, is amended by inserting after section 13106 

16 the following: 

17 ‘‘§ 13107. Maintenance of effort for State recreational 

18 boating safety programs 

19 ‘‘(a) IN GENERAL.—The amount payable to a State 

20 for a fiscal year from an allocation under section 13103 

21 of this chapter shall be reduced if the usual amounts ex22 pended by the State for the State’s recreational boating 

23 safety program, as determined under section 13105 of this 

24 chapter, for the previous fiscal year is less than the aver25 age of the total of such expenditures for the 3 fiscal years 

26 immediately preceding that previous fiscal year. The re-
281

•S 1978 RS 

1 duction shall be proportionate, as a percentage, to the 

2 amount by which the level of State expenditures for such 

3 previous fiscal year is less than the average of the total 

4 of such expenditures for the 3 fiscal years immediately 

5 preceding that previous fiscal year. 

6 ‘‘(b) REDUCTION OF THRESHHOLD.—If the total 

7 amount available for allocation and distribution under this 

8 chapter in a fiscal year for all participating State rec9 reational boating safety programs is less than such 

10 amount for the preceding fiscal year, the level of State 

11 expenditures required under subsection (a) of this section 

12 for the preceding fiscal year shall be decreased proportion13 ately. 

14 ‘‘(c) WAIVER.—

15 ‘‘(1) IN GENERAL.—Upon the written request 

16 of a State, the Secretary may waive the provisions 

17 of subsection (a) of this section for 1 fiscal year if 

18 the Secretary determines that a reduction in expend19 itures for the State’s recreational boating safety pro20 gram is attributable to a non-selective reduction in 

21 expenditures for the programs of all Executive 

22 branch agencies of the State government, or for 

23 other reasons if the State demonstrates to the Sec24 retary’s satisfaction that such waiver is warranted. 
282

•S 1978 RS 

1 ‘‘(2) 30-DAY DECISION.—The Secretary shall 

2 approve or deny a request for a waiver not later 

3 than 30 days after the date the request is received.’’. 

4 (b) CONFORMING AMENDMENT.—The chapter anal5 ysis for chapter 131 of title 46, United States Code, is 

6 amended by inserting after the item relating to section 

7 13106 the following:

‘‘13107. Maintenance of effort for State recreational boating safety programs.’’.

8 Subtitle D—Miscellaneous 

9 SEC. 581. TECHNICAL CORRECTION TO HOMELAND SECU10 RITY ACT. 

11 Section 1511(e)(2) of the Homeland Security Act of 

12 2002 (Public Law 107–296) is amended by striking ‘‘and 

13 to any funds provided to the Coast Guard from the Aquat14 ic Resources Trust Fund of the Highway Trust Fund for 

15 boating safety programs.’’ and inserting ‘‘and any funds 

16 provided to the Coast Guard from the Highway Trust 

17 Fund and transferred into the Sport Fish Restoration Ac18 count of the Aquatic Resources Trust Fund for boating 

19 safety programs.’’.

20 TITLE VI—RAIL 

21 TRANSPORTATION 

22 Subtitle A—Amtrak 

23 SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 

24 The text of section 24104 of title 49, United States 

25 Code, is amended to read as follows: 
283

•S 1978 RS 

1 ‘‘There are authorized to be appropriated to the Sec2 retary of Transportation $2,000,000,000 for each of fiscal 

3 years 2004, 2005, 2006, 2007, 2008, and 2009 for the 

4 benefit of Amtrak for operating expenses.’’. 

5 SEC. 602. ESTABLISHMENT OF CORPORATION. 

6 There is established a nonprofit corporation, to be 

7 known as the ‘‘Rail Infrastructure Finance Corporation’’. 

8 The Rail Infrastructure Finance Corporation is not an 

9 agency or establishment of the United States Government. 

10 The purpose of the Corporation is to support rail trans11 portation capital projects through the issuance of rail cap12 ital infrastructure bonds. The Corporation shall be subject 

13 to the provisions of this title and, to the extent consistent 

14 with this section, to the laws of the State of Delaware ap15 plicable to corporations not for profit. 

16 Subtitle B—Railroad Track 

17 Modernization 

18 SEC. 631. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Railroad Track 

20 Modernization Act of 2003’’. 

21 SEC. 632. CAPITAL GRANTS FOR RAILROAD TRACK. 

22 (a) AUTHORITY.—Chapter 223 of title 49, United 

23 States Code, is amended to read as follows: 
284

•S 1978 RS 

1 ‘‘CHAPTER 223—CAPITAL GRANTS FOR 

2 RAILROAD TRACK

‘‘Sec. 

‘‘22301. Capital grants for railroad track.

3 ‘‘§ 22301. Capital grants for railroad track 

4 ‘‘(a) ESTABLISHMENT OF PROGRAM.—

5 ‘‘(1) ESTABLISHMENT.—The Secretary of 

6 Transportation shall establish a program of capital 

7 grants for the rehabilitation, preservation, or im8 provement of railroad track (including roadbed, 

9 bridges, and related track structures) of class II and

10 class III railroads. Such grants shall be for rehabili11 tating, preserving, or improving track used primarily 

12 for freight transportation to a standard ensuring 

13 that the track can be operated safely and efficiently, 

14 including grants for rehabilitating, preserving, or im15 proving track to handle 286,000 pound rail cars. 

16 Grants may be provided under this chapter—

17 ‘‘(A) directly to the class II or class III 

18 railroad; or 

19 ‘‘(B) with the concurrence of the class II 

20 or class III railroad, to a State or local govern21 ment. 

22 ‘‘(2) STATE COOPERATION.—Class II and class 

23 III railroad applicants for a grant under this chap24 ter are encouraged to utilize the expertise and assist-
285

•S 1978 RS 

1 ance of State transportation agencies in applying for 

2 and administering such grants. State transportation 

3 agencies are encouraged to provide such expertise 

4 and assistance to such railroads. 

5 ‘‘(3) REGULATIONS.—

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 prescribe regulations to carry out the program 

8 under this section. 

9 ‘‘(B) CRITERIA.—In developing the regula10 tions, the Secretary shall establish criteria 

11 that—

12 ‘‘(i) condition the award of a grant to 

13 a railroad on reasonable assurances by the 

14 railroad that the facilities to be rehabili15 tated and improved will be economically 

16 and efficiently utilized; 

17 ‘‘(ii) ensure that the award of a grant 

18 is justified by present and probable future 

19 demand for rail services by the railroad to 

20 which the grant is to be awarded; 

21 ‘‘(iii) ensure that consideration is 

22 given to projects that are part of a State23 sponsored rail plan; and 

24 ‘‘(iv) ensure that all such grants are 

25 awarded on a competitive basis. 
286

•S 1978 RS 

1 ‘‘(b) MAXIMUM FEDERAL SHARE.—The maximum 

2 Federal share for carrying out a project under this section 

3 shall be 80 percent of the project cost. The non-Federal 

4 share may be provided by any non-Federal source in cash, 

5 equipment, or supplies. Other in-kind contributions may 

6 be approved by the Secretary on a case by case basis con7 sistent with this chapter. 

8 ‘‘(c) PROJECT ELIGIBILITY.—For a project to be eli9 gible for assistance under this section the track must have 

10 been operated or owned by a class II or class III railroad 

11 as of the date of the enactment of the Railroad Track 

12 Modernization Act of 2003. 

13 ‘‘(d) USE OF FUNDS.—Grants provided under this 

14 section shall be used to implement track capital projects 

15 as soon as possible. In no event shall grant funds be con16 tractually obligated for a project later than the end of the 

17 third Federal fiscal year following the year in which the 

18 grant was awarded. Any funds not so obligated by the end 

19 of such fiscal year shall be returned to the Secretary for 

20 reallocation. 

21 ‘‘(e) ADDITIONAL PURPOSE.—In addition to making 

22 grants for projects as provided in subsection (a), the Sec23 retary may also make grants to supplement direct loans 

24 or loan guarantees made under title V of the Railroad Re25 vitalization and Regulatory Reform Act of 1976 (45 
287

•S 1978 RS 

1 U.S.C. 822(d)), for projects described in the last sentence 

2 of section 502(d) of such title. Grants made under this 

3 subsection may be used, in whole or in part, for paying 

4 credit risk premiums, lowering rates of interest, or pro5 viding for a holiday on principal payments. 

6 ‘‘(f) EMPLOYEE PROTECTION.—The Secretary shall 

7 require as a condition of any grant made under this sec8 tion that the recipient railroad provide a fair arrangement 

9 at least as protective of the interests of employees who 

10 are affected by the project to be funded with the grant 

11 as the terms imposed under section 11326(a), as in effect 

12 on the date of the enactment of the Railroad Track Mod13 ernization Act of 2001. 

14 ‘‘(g) LABOR STANDARDS.—

15 ‘‘(1) PREVAILING WAGES.—The Secretary shall 

16 ensure that laborers and mechanics employed by 

17 contractors and subcontractors in construction work 

18 financed by a grant made under this section will be 

19 paid wages not less than those prevailing on similar 

20 construction in the locality, as determined by the 

21 Secretary of Labor under the Act of March 3, 1931 

22 (known as the Davis-Bacon Act; 40 U.S.C. 276a et 

23 seq.). The Secretary shall make a grant under this 

24 section only after being assured that required labor 
288

•S 1978 RS 

1 standards will be maintained on the construction 

2 work. 

3 ‘‘(2) WAGE RATES.—Wage rates in a collective 

4 bargaining agreement negotiated under the Railway 

5 Labor Act (45 U.S.C. 151 et seq.) are deemed for 

6 purposes of this subsection to comply with the Act 

7 of March 3, 1931 (known as the Davis-Bacon Act; 

8 40 U.S.C. 276a et seq.).’’. 

9 (b) CONFORMING AMENDMENT.—The item relating 

10 to chapter 223 in the table of chapters of subtitle V of 

11 title 49, United States Code, is amended to read as fol12 lows:

‘‘223. CAPITAL GRANTS FOR RAILROAD TRACK .......................... 22301’’.

13 SEC. 633. REGULATIONS. 

14 (a) REGULATIONS.—The Secretary of Transporation 

15 shall prescribe under subsection (a)(3) of section 22301 

16 of title 49, United States Code (as added by section 601), 

17 interim and final regulations for the administration of the 

18 grant program under such section as follows: 

19 (1) INTERIM REGULATIONS.—The Secretary 

20 shall prescribe the interim regulations to implement 

21 the program not later than December 31, 2003. 

22 (2) FINAL REGULATIONS.—The Secretary shall 

23 prescribe the final regulations not later than October 

24 1, 2004. 
289

•S 1978 RS 

1 (b) INAPPLICABILITY OF RULEMAKING PROCEDURE

2 TO INTERIM REGULATIONS.—Subchapter II of chapter 5 

3 of title 5, United States Code, shall not apply to the 

4 issuance of an interim regulation or to any amendment 

5 of such an interim regulation. 

6 (c) CRITERIA.—The requirement for the establish7 ment of criteria under subparagraph (B) of section 

8 22301(a)(3) of title 49, United States Code, applies to the 

9 interim regulations as well as to the final regulations.

10 SEC. 634. STUDY OF GRANT-FUNDED PROJECTS. 

11 (a) REQUIREMENT FOR STUDY.—The Secretary of 

12 Transportation shall conduct a study of the projects car13 ried out with grant assistance under section 22301 of title 

14 49, United States Code (as added by section 601), to de15 termine the public interest benefits associated with the 

16 light density railroad networks in the States and their con17 tribution to a multimodal transportation system. 

18 (b) REPORT.—Not later than March 31, 2004, the 

19 Secretary shall submit to Congress a report on the results 

20 of the study under subsection (a). The report shall include 

21 any recommendations that the Secretary considers appro22 priate regarding the eligibility of light density rail net23 works for Federal infrastructure financing. 
290

•S 1978 RS 

1 SEC. 635. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Sec3 retary of Transportation $350,000,000 for each of fiscal 

4 years 2004, 2005, and 2006 for carrying out section 

5 22301 of title 49, United States Code (as added by section 

6 601). 

7 Subtitle C—Other Rail 

8 Transportation-related Provisions 

9 SEC. 661. CAPITAL GRANTS FOR RAIL LINE RELOCATION 

10 PROJECTS. 

11 (a) ESTABLISHMENT OF PROGRAM.—

12 (1) PROGRAM REQUIREMENTS.—Chapter 201 of 

13 title 49, United States Code, is amended by adding 

14 at the end of subchapter II the following: 

15 ‘‘§ 20154. Capital grants for rail line relocation 

16 projects 

17 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 

18 of Transportation shall carry out a grant program to pro19 vide financial assistance for local rail line relocation 

20 projects. 

21 ‘‘(b) ELIGIBILITY.—A State is eligible for a grant 

22 under this section for any project for the improvement of 

23 the route or structure of a rail line passing through a mu24 nicipality of the State that—

25 ‘‘(1) is carried out for the purpose of mitigating 

26 the adverse effects of rail traffic on safety, motor ve-
291

•S 1978 RS 

1 hicle traffic flow, or economic development in the 

2 municipality; 

3 ‘‘(2) involves a lateral or vertical relocation of 

4 any portion of the rail line within the municipality 

5 to avoid a closing of a grade crossing or the con6 struction of a road underpass or overpass; and 

7 ‘‘(3) meets the costs-benefits requirement set 

8 forth in subsection (c). 

9 ‘‘(c) COSTS-BENEFITS REQUIREMENT.—A grant may 

10 be awarded under this section for a project for the reloca11 tion of a rail line only if the benefits of the project for 

12 the period equal to the estimated economic life of the relo13 cated rail line exceed the costs of the project for that pe14 riod, as determined by the Secretary considering the fol15 lowing factors: 

16 ‘‘(1) The effects of the rail line and the rail 

17 traffic on motor vehicle and pedestrian traffic, safe18 ty, and area commerce if the rail line were not so 

19 relocated. 

20 ‘‘(2) The effects of the rail line, relocated as 

21 proposed, on motor vehicle and pedestrian traffic, 

22 safety, and area commerce. 

23 ‘‘(3) The effects of the rail line, relocated as 

24 proposed, on the freight and passenger rail oper25 ations on the rail line. 
292

•S 1978 RS 

1 ‘‘(d) CONSIDERATIONS FOR APPROVAL OF GRANT

2 APPLICATIONS.—In addition to considering the relation3 ship of benefits to costs in determining whether to award 

4 a grant to an eligible State under this section, the Sec5 retary shall consider the following factors: 

6 ‘‘(1) The capability of the State to fund the rail 

7 line relocation project without Federal grant fund8 ing. 

9 ‘‘(2) The requirement and limitation relating to 

10 allocation of grant funds provided in subsection (e). 

11 ‘‘(3) Equitable treatment of the various regions 

12 of the United States. 

13 ‘‘(e) ALLOCATION REQUIREMENTS.—

14 ‘‘(1) GRANTS NOT GREATER THAN

15 $20,000,000.—At least 50 percent of all grant funds 

16 awarded under this section out of funds appro17 priated for a fiscal year shall be provided as grant 

18 awards of not more than $20,000,000 each. 

19 ‘‘(2) LIMITATION PER PROJECT.—Not more 

20 than 25 percent of the total amount available for 

21 carrying out this section for a fiscal year may be 

22 provided for any 1 project in that fiscal year. 

23 ‘‘(f) FEDERAL SHARE.—The total amount of a grant 

24 awarded under this section for a rail line relocation project 
293

•S 1978 RS 

1 shall be 90 percent of the shared costs of the project, as 

2 determined under subsection (g)(4). 

3 ‘‘(g) STATE SHARE.—

4 ‘‘(1) PERCENTAGE.—A State shall pay 10 per5 cent of the shared costs of a project that is funded 

6 in part by a grant awarded under this section. 

7 ‘‘(2) FORMS OF CONTRIBUTIONS.—The share 

8 required by paragraph (1) may be paid in cash or 

9 in kind.

10 ‘‘(3) IN-KIND CONTRIBUTIONS.—The in-kind 

11 contributions that are permitted to be counted under 

12 paragraph (2) for a project for a State are as fol13 lows: 

14 ‘‘(A) A contribution of real property or 

15 tangible personal property (whether provided by 

16 the State or a person for the State). 

17 ‘‘(B) A contribution of the services of em18 ployees of the State, calculated on the basis of 

19 costs incurred by the State for the pay and ben20 efits of the employees, but excluding overhead 

21 and general administrative costs. 

22 ‘‘(C) A payment of any costs that were in23 curred for the project before the filing of an ap24 plication for a grant for the project under this 

25 section, and any in-kind contributions that were 
294

•S 1978 RS 

1 made for the project before the filing of the ap2 plication, if and to the extent that the costs 

3 were incurred or in-kind contributions were 

4 made, as the case may be, to comply with a 

5 provision of a statute required to be satisfied in 

6 order to carry out the project. 

7 ‘‘(4) COSTS NOT SHARED.—

8 ‘‘(A) IN GENERAL.—For the purposes of 

9 subsection (f) and this subsection, the shared 

10 costs of a project in a municipality do not in11 clude any cost that is defrayed with any funds

12 or in-kind contribution that a source other than 

13 the municipality makes available for the use of 

14 the municipality without imposing at least 1 of 

15 the following conditions: 

16 ‘‘(i) The condition that the munici17 pality use the funds or contribution only 

18 for the project. 

19 ‘‘(ii) The condition that the avail20 ability of the funds or contribution to the 

21 municipality is contingent on the execution 

22 of the project. 

23 ‘‘(B) DETERMINATIONS OF THE SEC24 RETARY.—The Secretary shall determine the 

25 amount of the costs, if any, that are not shared 
295

•S 1978 RS 

1 costs under this paragraph and the total 

2 amount of the shared costs. A determination of 

3 the Secretary shall be final. 

4 ‘‘(h) MULTISTATE AGREEMENTS TO COMBINE

5 AMOUNTS.—Two or more States (not including political 

6 subdivisions of States) may, pursuant to an agreement en7 tered into by the States, combine any part of the amounts 

8 provided through grants for a project under this section 

9 if—

10 ‘‘(1) the project will benefit each of the States 

11 entering into the agreement; and 

12 ‘‘(2) the agreement is not a violation of a law 

13 of any such State. 

14 ‘‘(i) REGULATIONS.—The Secretary shall prescribe 

15 regulations for carrying out this section. 

16 ‘‘(j) STATE DEFINED.—In this section, the term 

17 ‘State’ includes, except as otherwise specifically provided, 

18 a political subdivision of a State. 

19 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary for use 

21 in carrying out this section $350,000,000 for each of the 

22 fiscal years 2004 through 2008.’’. 

23 (2) CLERICAL AMENDMENT.—The chapter anal24 ysis for such chapter is amended by adding at the 

25 end the following:

‘‘20154. Capital grants for rail line relocation projects.’’.
296

•S 1978 RS 

1 (b) REGULATIONS.—

2 (1) INTERIM REGULATIONS.—Not later than 

3 October 1, 2003, the Secretary of Transportation 

4 shall issue temporary regulations to implement the 

5 grant program under section 20154 of title 49, 

6 United States Code, as added by subsection (a). 

7 Subchapter II of chapter 5 of title 5, United States 

8 Code, shall not apply to the issuance of a temporary 

9 regulation under this subsection or of any amend10 ment of such a temporary regulation. 

11 (2) FINAL REGULATIONS.—Not later than April 

12 1, 2004, the Secretary shall issue final regulations 

13 implementing the program. 

14 SEC. 662. FEDERAL BONDS FOR TRANSPORTATION INFRA15 STRUCTURE. 

16 (a) USE OF BOND PROCEEDS.—The proceeds from 

17 the sale of any bonds authorized, issued, or guaranteed 

18 by the Federal Government that are available to fund pas19 senger rail projects pursuant to any Federal law (enacted 

20 before, on, or after the date of the enactment of this Act) 

21 may be used to fund a qualified project if the Secretary 

22 of Transportation determines that the qualified project is 

23 a more cost-effective alternative for efficiently maximizing 

24 mobility of individuals and goods than a passenger rail 

25 project. 
297

•S 1978 RS 

1 (b) COMPLIANCE OF BENEFICIARIES WITH CERTAIN

2 STANDARDS.—A recipient of proceeds of a grant, loan, 

3 Federal tax-credit bonds, or any other form of financial 

4 assistance provided under this title shall comply with the 

5 standards described in section 24312 of title 49, United 

6 States Code, as in effect on June 25, 2003, with respect 

7 to any qualified project in the same manner that the Na8 tional Passenger Railroad Corporation is required to com9 ply with such standards for construction work financed 

10 under an agreement entered into under section 24308(a) 

11 of such title. 

12 (c) QUALIFIED PROJECT DEFINED.—In this section, 

13 the term ‘‘qualified project’’ means any transportation in14 frastructure project of any governmental unit or other per15 son that is proposed by a State, including a highway 

16 project, a transit system project, a railroad project, an air17 port project, a port project, and an inland waterways 

18 project.
Calendar No. 421

108TH CONGRESS 

1ST SESSION S. 1978

[Report No. 108–215] 

A BILL

To authorize funds for highway safety programs, 

motor carrier safety programs, hazardous materials transportation safety programs, boating safety programs, and for other purposes. 

NOVEMBER 25, 2003

Read twice and placed on the calendar