840 
HR 3550 EAS 
(c) SCHEDULE FOR COMPLETION.—No fewer than one- 
third of the reports, studies, and rulemaking proceedings 
in subsection (a) shall be completed every 12 months after 
the date of enactment of this Act. The Inspector General 
of the Department of Transportation shall make an annual 
determination as to whether this schedule has been met. 
(d) FAILURE TO COMPLY.—If the Secretary fails to 
complete the required number of reports, studies, and rule-
making proceedings according to the schedule set forth in 
subsection (c) during any fiscal year, the Secretary shall 
allocate to the States $3,000,000 from the amount author-
ized by section 31104(i)(1) of title 49, United States Code, 
for administrative expenses of the Federal Motor Carrier 
Safety Administration to conduct additional compliance re-
views under section 31102 of that title instead of obligating 
or expending such amount for those administrative ex-
penses. 
(e) AMENDMENTS TO THE LISTED REPORTS, STUDIES, 
AND RULEMAKING PROCEEDINGS.—In addition to com-
pleting the reports, studies and rulemaking proceedings list-
ed in subsection (c), the Secretary shall— 
(1) amend the Interim Final Rule addressing 
New Motor Carrier Entrant Requirements to require 
that a safety audit be immediately converted to a 
compliance review and appropriate enforcement ac-
841 
HR 3550 EAS 
tions be taken if the safety audit discloses acute safety 
violations by the new entrant; and 
(2) eliminate a proposed provision in the rule-
making proceeding addressing Commercial Van Oper-
ations Transporting Nine to Fifteen Passengers which 
exempts commercial van operations that operate with-
in a 75-mile radius. 
(f) 
COMPLETION
OF
NEW
RULEMAKING
PRO-
CEEDINGS.—Nothing in this section delays or changes the 
deadlines specified for new reports, studies, or rulemaking 
mandates contained in this title. 
(g) REPORT OF OTHER AGENCY ACTIONS.—Within 12 
months after the date of enactment of this Act, the Secretary 
shall submit to the Senate Committee on Commerce, 
Science, and Transportation and to the House Committee 
on Transportation and Infrastructure a report on the status 
of the following projects: 
(1) Rescinding the current regulation which pro-
hibits truck and bus drivers from viewing television 
and monitor screens while operating commercial vehi-
cles. 
(2) Incorporating Out-Of-Service Criteria regu-
lations enforced by the Federal Motor Carrier Safety 
Administration.
842 
HR 3550 EAS 
(3) Revision of the safety fitness rating system of 
motor carriers. 
(4) Amendment of Federal Motor Carrier Safety 
Administration rules of practice for conducting motor 
carrier administrative proceedings, investigations, 
disqualifications, and for issuing penalties. 
(5) Requiring commercial drivers to have a suffi-
cient functional speaking and reading comprehension 
of the English language. 
(6) Inspection, repair and maintenance of inter-
modal container chassis and trailers. 
SEC. 4203. CONTRACT AUTHORITY. 
Authorizations from the Highway Trust Fund (other 
than the Mass Transit Account) to carry out this subtitle 
shall be available for obligation on the date of their appor-
tionment or allocation or on October 1 of the fiscal year 
for which they are authorized, whichever occurs first. Ap-
proval by the Secretary of a grant with funds made avail-
able under this title imposes upon the United States Gov-
ernment a contractual obligation for payment of the Gov-
ernment’s share of costs incurred in carrying out the objec-
tives of the grant.
843 
HR 3550 EAS 
PART II—MOTOR CARRIER SAFETY 
SEC. 4221. MINIMUM GUARANTEE. 
There are authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit Ac-
count) not less than 1.21 percent of the total amounts made 
available in any fiscal year from the Highway Trust Fund 
for purposes of this part. 
SEC. 4222. AUTHORIZATION OF APPROPRIATIONS. 
(a) ADMINISTRATIVE EXPENSES.—Section 31104 is 
amended by adding at the end the following: 
‘‘(i) ADMINISTRATIVE EXPENSES.— 
‘‘(1) There are authorized to be appropriated 
from the Highway Trust Fund (other than the Mass 
Transit Account) for the Secretary of Transportation 
to pay administrative expenses of the Federal Motor 
Carrier Safety Administration— 
‘‘(A) $202,900,000 for fiscal year 2004; 
‘‘(B) $206,200,000 for fiscal year 2005; 
‘‘(C) $211,400,000 for fiscal year 2006; 
‘‘(D) $217,500,000 for fiscal year 2007; 
‘‘(E) $222,600,000 for fiscal year 2008; and 
‘‘(F) $228,500,000 for fiscal year 2009. 
‘‘(2) The funds authorized by this subsection 
shall be used for personnel costs; administrative infra-
structure; rent; information technology; programs for 
research and technology, information management,
844 
HR 3550 EAS 
regulatory development (including a medical review 
board and rules for medical examiners), performance 
and registration information system management, 
and outreach and education; other operating expenses 
and similar matters; and such other expenses as may 
from time to time become necessary to implement 
statutory mandates not funded from other sources. 
‘‘(3) From the funds authorized by this section, 
the Secretary shall ensure that compliance reviews are 
completed on the motor carriers that have dem-
onstrated through performance data that they pose the 
highest safety risk. At a minimum, compliance re-
views shall be conducted within 6 months after when-
ever a carrier is rated as category A or B. 
‘‘(4) The amounts made available under this sec-
tion shall remain available until expended. 
‘‘(5) Of the funds authorized by paragraph (1), 
$6,750,000 in each of fiscal years 2004 through 2009 
shall be used to carry out the medical program under 
section 31149.’’. 
(b) AMENDMENT TO APPORTIONMENT PROVISION OF 
TITLE 23.—Section 104(a) of title 23, United States Code, 
is amended— 
(1) by striking ‘‘exceed—’’ and so much of sub-
paragraph (A) as precedes clause (i) and inserting
847 
HR 3550 EAS 
SEC. 4223. MOTOR CARRIER SAFETY GRANTS. 
(a) MOTOR
CARRIER
SAFETY
ASSISTANCE
PRO-
GRAM.— 
(1) Section 31102 is amended— 
(A) by striking ‘‘activities by fiscal year 
2000;’’ in subsection (b)(1)(A) and inserting ‘‘ac-
tivities for commercial motor vehicles of pas-
sengers and freight;’’; 
(B) by striking ‘‘years before December 18, 
1991;’’ in subsection (b)(1)(E) and inserting 
‘‘years’’; 
(C) by striking ‘‘and’’ after the semicolon in 
subsection (b)(1)(S); 
(D) by striking ‘‘personnel.’’ in subsection 
(b)(1)(T) and inserting ‘‘personnel;’’; 
(E) adding at the end of subsection (b)(1) 
the following: 
‘‘(U) ensures that inspections of motor carriers of 
passengers are conducted at stations, terminals, bor-
der crossings, or maintenance facilities, except in the 
case of an imminent or obvious safety hazard; 
‘‘(V) provides that the State will include in the 
training manual for the licensing examination to 
drive a non-commercial motor vehicle and a commer-
cial motor vehicle, information on best practices for 
driving safely in the vicinity of commercial motor ve-
848 
HR 3550 EAS 
hicles and in the vicinity of non-commercial vehicles, 
respectively; and 
‘‘(W) provides that the State will enforce the reg-
istration requirements of section 13902 by suspending 
the operation of any vehicle discovered to be operating 
without registration or beyond the scope of its reg-
istration.’’; and 
(F) by striking subsection (c) and inserting 
the following: 
‘‘(c) USE OF GRANTS TO ENFORCE OTHER LAWS.— 
A State may use amounts received under a grant under 
subsection (a) of this section for the following activities: 
‘‘(1) If the activities are carried out in conjunc-
tion with an appropriate inspection of the commer-
cial motor vehicle to enforce Government or State 
commercial motor vehicle safety regulations— 
‘‘(A) enforcement of commercial motor vehi-
cle size and weight limitations at locations other 
than fixed weight facilities, at specific locations 
such as steep grades or mountainous terrains 
where the weight of a commercial motor vehicle 
can significantly affect the safe operation of the 
vehicle, or at ports where intermodal shipping 
containers enter and leave the United States; 
and
849 
HR 3550 EAS 
‘‘(B) detection of the unlawful presence of a 
controlled substance (as defined under section 
102 of the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 802)) in a 
commercial motor vehicle or on the person of any 
occupant (including the operator) of the vehicle. 
‘‘(2) Documented enforcement of State traffic 
laws and regulations designed to promote the safe op-
eration of commercial motor vehicles, including docu-
mented enforcement of such laws and regulations 
against non-commercial motor vehicles when nec-
essary to promote the safe operation of commercial 
motor vehicles.’’. 
(2) Section 31103(b) is amended— 
(A) by inserting ‘‘(1)’’ after ‘‘ACTIVITIES.— 
’’; and 
(B) by adding at the end the following: 
‘‘(2) NEW
ENTRANT
MOTOR
CARRIER
AUDIT 
FUNDS.—From the amounts designated under section 
31104(f)(4), the Secretary may allocate new entrant 
motor carrier audit funds to States and local govern-
ments without requiring a matching contribution 
from such States or local governments.’’. 
(3) Section 31104(a) is amended to read as fol-
lows:
850 
HR 3550 EAS 
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated from the Highway Trust Fund (other than the Mass 
Transit Account) to carry out section 31102: 
‘‘(1) Not more than $186,100,000 for fiscal year 
2004. 
‘‘(2) Not more than $189,800,000 for fiscal year 
2005. 
‘‘(3) Not more than $193,600,000 for fiscal year 
2006. 
‘‘(4) Not more than $197,500,000 for fiscal year 
2007. 
‘‘(5) Not more than $201,400,000 for fiscal year 
2008. 
‘‘(6) Not more than $205,500,000 for fiscal year 
2009.’’. 
(4) Section 31104(f) is amended by striking 
paragraph (2) and inserting the following: 
‘‘(2) HIGH-PRIORITY ACTIVITIES.—The Secretary 
may designate up to 5 percent of amounts available 
for allocation under paragraph (1) for States, local 
governments, and organizations representing govern-
ment agencies or officials for carrying out high pri-
ority activities and projects that improve commercial 
motor vehicle safety and compliance with commercial 
motor vehicle safety regulations, including activities
851 
HR 3550 EAS 
and projects that are national in scope, increase pub-
lic awareness and education, or demonstrate new 
technologies. The amounts designated under this 
paragraph shall be allocated by the Secretary to State 
agencies, local governments, and organizations rep-
resenting government agencies or officials that use 
and train qualified officers and employees in coordi-
nation with State motor vehicle safety agencies. At 
least 80 percent of the amounts designated under this 
paragraph shall be awarded to State agencies and 
local government agencies. 
‘‘(3) SAFETY-PERFORMANCE
INCENTIVE
PRO-
GRAMS.—The Secretary may designate up to 10 per-
cent of the amounts available for allocation under 
paragraph (1) for safety performance incentive pro-
grams for States. The Secretary shall establish safety 
performance criteria to be used to distribute incentive 
program funds. Such criteria shall include, at a min-
imum, reduction in the number and rate of fatal acci-
dents involving commercial motor vehicles. Alloca-
tions under this paragraph do not require a matching 
contribution from a State. 
‘‘(4) NEW
ENTRANT
AUDITS.—The Secretary 
shall designate up to $29,000,000 of the amounts 
available for allocation under paragraph (1) for au-
852 
HR 3550 EAS 
dits of new entrant motor carriers conducted pursu-
ant to 31144(f). The Secretary may withhold such 
funds from a State or local government that is unable 
to use government employees to conduct new entrant 
motor carrier audits, and may instead utilize the 
funds to conduct audits in those jurisdictions.’’. 
(b) GRANTS
TO STATES
FOR BORDER ENFORCE-
MENT.—Section 31107 is amended to read as follows: 
‘‘§ 31107. Border enforcement grants 
‘‘(a) GENERAL AUTHORITY.—From the funds author-
ized by section 4222(c)(1) of the Motor Carrier Safety Reau-
thorization Act of 2004, the Secretary may make a grant 
in a fiscal year to a State that shares a border with another 
country for carrying out border commercial motor vehicle 
safety programs and related enforcement activities and 
projects. 
‘‘(b) MAINTENANCE
OF EXPENDITURES.—The Sec-
retary may make a grant to a State under this section only 
if the State agrees that the total expenditure of amounts 
of the State and political subdivisions of the State, exclusive 
of United States Government amounts, for carrying out bor-
der commercial motor vehicle safety programs and related 
enforcement activities and projects will be maintained at 
a level at least equal to the average level of that expenditure
853 
HR 3550 EAS 
by the State and political subdivisions of the State for the 
last 2 State or Federal fiscal years before October 1, 2003.’’. 
(c) GRANTS TO STATES FOR COMMERCIAL DRIVER’S 
LICENSE IMPROVEMENTS.—Chapter 313 is amended by 
adding at the end the following: 
‘‘§ 31318. Grants for commercial driver’s license pro-
gram improvements 
‘‘(a) GENERAL AUTHORITY.—From the funds author-
ized by section 4222(c)(3) of the Motor Carrier Safety Reau-
thorization Act of 2004, the Secretary may make a grant 
to a State, except as otherwise provided in subsection (e), 
in a fiscal year to improve its implementation of the com-
mercial driver’s license program, providing the State is in 
substantial compliance with the requirements of section 
31311 and this section. The Secretary shall establish cri-
teria for the distribution of grants and notify the States 
annually of such criteria. 
‘‘(b) CONDITIONS.—Except as otherwise provided in 
subsection (e), a State may use a grant under this section 
only for expenses directly related to its commercial driver’s 
license program, including, but not limited to, computer 
hardware and software, publications, testing, personnel, 
training, and quality control. The grant may not be used 
to rent, lease, or buy land or buildings. The Secretary shall 
give priority to grants that will be used to achieve compli-
854 
HR 3550 EAS 
ance with the requirements of the Motor Carrier Safety Im-
provement Act of 1999. The Secretary may allocate the 
funds appropriated for such grants in a fiscal year among 
the eligible States whose applications for grants have been 
approved, under criteria established by the Secretary. 
‘‘(c) MAINTENANCE
OF EXPENDITURES.—Except as 
otherwise provided in subsection (e), the Secretary may 
make a grant to a State under this section only if the State 
agrees that the total expenditure of amounts of the State 
and political subdivisions of the State, exclusive of United 
States Government amounts, for the operation of the com-
mercial driver’s license program will be maintained at a 
level at least equal to the average level of that expenditure 
by the State and political subdivisions of the State for the 
last 2 fiscal years before October 1, 2003. 
‘‘(d) GOVERNMENT SHARE.—Except as otherwise pro-
vided in subsection (e), the Secretary shall reimburse a 
State, from a grant made under this section, an amount 
that is not more than 80 percent of the costs incurred by 
the State in a fiscal year in implementing the commercial 
driver’s license improvements described in subsection (b). 
In determining those costs, the Secretary shall include in- 
kind contributions by the State. 
‘‘(e) HIGH-PRIORITY ACTIVITIES.—
855 
HR 3550 EAS 
‘‘(1) The Secretary may make a grant to a State 
agency, local government, or organization rep-
resenting government agencies or officials for the full 
cost of research, development, demonstration projects, 
public education, or other special activities and 
projects relating to commercial driver licensing and 
motor vehicle safety that are of benefit to all jurisdic-
tions or designed to address national safety concerns 
and circumstances. 
‘‘(2) The Secretary may designate up to 10 per-
cent of the amounts made available under section 
4222(c)(3) of the Motor Carrier Safety Reauthoriza-
tion Act of 2004 in a fiscal year for high-priority ac-
tivities under subsection (e)(1). 
‘‘(f) EMERGING ISSUES.—The Secretary may des-
ignate up to 10 percent of the amounts made available 
under section 4222(c)(3) of the Motor Carrier Safety Reau-
thorization Act of 2004 in a fiscal year for allocation to 
a State agency, local government, or other person at the 
discretion of the Secretary to address emerging issues relat-
ing to commercial driver’s license improvements. 
‘‘(g) APPORTIONMENT.—Except as otherwise provided 
in subsections (e) and (f), all amounts available in a fiscal 
year to carry out this section shall be apportioned to States 
according to a formula prescribed by the Secretary.
856 
HR 3550 EAS 
‘‘(h) DEDUCTION FOR ADMINISTRATIVE EXPENSES.— 
On October 1 of each fiscal year or as soon after that date 
as practicable, the Secretary may deduct, from amounts 
made available under section 4222(c)(3) of the Motor Car-
rier Safety Reauthorization Act of 2004 for that fiscal year, 
up to 0.75 percent of those amounts for administrative ex-
penses incurred in carrying out this section in that fiscal 
year.’’. 
(d) NONCOMPLIANCE WITH CDL REQUIREMENTS.— 
Section 31314 is amended by striking subsections (a) and 
(b) and inserting the following: 
‘‘(a) FIRST FISCAL YEAR.—The Secretary of Trans-
portation shall withhold up to 5 percent of the amount re-
quired to be apportioned to a State under section 104(b)(1), 
(3), and (4) of title 23 on the first day of the fiscal year 
after the first fiscal year beginning after September 30, 
1992, throughout which the State does not comply substan-
tially with a requirement of section 31311(a) of this title. 
‘‘(b) SECOND FISCAL YEAR.—The Secretary shall 
withhold up to 10 percent of the amount required to be ap-
portioned to a State under section 104(b)(1), (3), and (4) 
of title 23 on the first day of each fiscal year after the second 
fiscal year beginning after September 30, 1992, throughout 
which the State does not comply substantially with a re-
quirement of section 31311(a) of this title.’’.
857 
HR 3550 EAS 
(e) CONFORMING
AMENDMENTS.—(1) The chapter 
analysis for chapter 311 is amended— 
(A) by striking the item relating to Subchapter 
I, and inserting the following: 
‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’; 
and 
(B) by striking the item relating to section 
31107, and inserting the following: 
‘‘31107. Border enforcement grants.’’. 
(2) Subchapter I of chapter 311 is amended by striking 
the subchapter heading and inserting the following: 
‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’ 
(3) The chapter analysis for chapter 313 is amended 
by inserting the following after the item relating to section 
31317: 
‘‘31318. Grants for commercial driver’s license program improvements.’’. 
SEC. 4224. CDL WORKING GROUP. 
(a) IN GENERAL.—The Secretary of Transportation 
shall convene a working group to study and address current 
impediments and foreseeable challenges to the commercial 
driver’s license program’s effectiveness and measures needed 
to realize the full safety potential of the commercial driver’s 
license program. The working group shall address such 
issues as State enforcement practices, operational proce-
dures to detect and deter fraud, needed improvements for 
seamless information sharing between States, effective meth-
858 
HR 3550 EAS 
ods for accurately sharing electronic data between States, 
updated technology, and timely notification from judicial 
bodies concerning traffic and criminal convictions of com-
mercial driver’s license holders. 
(b) MEMBERSHIP.—Members of the working group 
should include State motor vehicle administrators, organi-
zations representing government agencies or officials, mem-
bers of the Judicial Conference, representatives of the truck-
ing industry, representatives of labor organizations, safety 
advocates, and other significant stakeholders. 
(c) REPORT.—Within 2 years after the date of enact-
ment of this Act, the Secretary, on behalf of the working 
group, shall complete a report of the working group’s find-
ings and recommendations for legislative, regulatory, and 
enforcement changes to improve the commercial driver’s li-
cense program. The Secretary shall promptly transmit the 
report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Com-
mittee on Transportation and Infrastructure. 
(d) FUNDING.—From the funds authorized by section 
4222(c)(3) of this title, $200,000 shall be made available 
for each of fiscal years 2004 and 2005 to carry out this 
section. 
SEC. 4225. CDL LEARNER’S PERMIT PROGRAM. 
(a) IN GENERAL.—Chapter 313 is amended—
859 
HR 3550 EAS 
(1) by striking ‘‘time.’’ in section 31302 and in-
serting ‘‘license, and may have only 1 learner’s per-
mit at any time.’’; 
(2) by inserting ‘‘and learners’ permits’’ after 
‘‘licenses’’ the first place it appears in section 31308; 
(3) by striking ‘‘licenses.’’ in section 31308 and 
inserting ‘‘licenses and permits.’’; 
(4) by redesignating paragraphs (2) and (3) of 
section 31308 as paragraphs (3) and (4), respectively, 
and inserting after paragraph (1) the following: 
‘‘(2) before a commercial driver’s license learn-
er’s permit can be issued to an individual, the indi-
vidual must pass a written test on the operation of 
a commercial motor vehicle that complies with the 
minimum standards prescribed by the Secretary 
under section 31305(a) of this title;’’; 
(5) by inserting ‘‘or learner’s permit’’ after ‘‘li-
cense’’ each place it appears in paragraphs (3) and 
(4), as redesignated, of section 31308; and 
(6) by inserting ‘‘or learner’s permit’’ after ‘‘li-
cense’’ each place it appears in section 31309(b). 
(b) CONFORMING AMENDMENTS.— 
(1) Section 31302 is amended by inserting 
‘‘and learner’s permits’’ in the section caption.
860 
HR 3550 EAS 
(2) Sections 31308 and 31309 are each amended 
by inserting ‘‘and learner’s permit’’ after ‘‘li-
cense’’ in the section captions. 
(3) The chapter analysis for chapter 313 is 
amended by striking the item relating to section 
31302 and inserting the following: 
‘‘31302. Limitation on the number of driver’s licenses and learner’s permits.’’. 
(4) The chapter analysis for chapter 313 is 
amended by striking the items relating to sections 
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.’’. 
SEC. 4226. HOBBS ACT. 
(a) Section 2342(3)(A) of title 28, United States Code, 
is amended to read as follows: 
‘‘(A) the Secretary of Transportation issued 
pursuant to section 2, 9, 37, or 41 of the Ship-
ping Act, 1916 (46 U.S.C. App. 802, 803, 808, 
835, 839, and 841a) or pursuant to Part B or 
C of subtitle IV of title 49 or pursuant to sub-
chapter III of chapter 311, chapter 313, and 
chapter 315 of Part B of subtitle VI of title 49; 
and’’. 
(b) Section 351(a) is amended to read as follows: 
‘‘(a) JUDICIAL REVIEW.—An action of the Secretary 
of Transportation in carrying out a duty or power trans-
861 
HR 3550 EAS 
ferred under the Department of Transportation Act (Public 
Law 89–670; 80 Stat. 931), or an action of the Adminis-
trator of the Federal Railroad Administration, Federal 
Motor Carrier Safety Administration, or the Federal Avia-
tion Administration in carrying out a duty or power spe-
cifically assigned to the Administrator by that Act, may 
be reviewed judicially to the same extent and in the same 
way as if the action had been an action by the department, 
agency, or instrumentality of the United States Government 
carrying out the duty or power immediately before the 
transfer or assignment.’’. 
(c) Section 352 is amended to read as follows: 
‘‘§ 352. Authority to carry out certain transferred du-
ties and powers 
‘‘In carrying out a duty or power transferred under 
the Department of Transportation Act (Public Law 89–670; 
80 Stat. 931), the Secretary of Transportation and the Ad-
ministrators of the Federal Railroad Administration, the 
Federal Motor Carrier Safety Administration, and the Fed-
eral Aviation Administration have the same authority that 
was vested in the department, agency, or instrumentality 
of the United States Government carrying out the duty or 
power immediately before the transfer. An action of the Sec-
retary or Administrator in carrying out the duty or power
862 
HR 3550 EAS 
has the same effect as when carried out by the department, 
agency, or instrumentality.’’. 
SEC. 4227. PENALTY FOR DENIAL OF ACCESS TO RECORDS. 
Section 521(b)(2) is amended by adding at the end the 
following: 
‘‘(E) COPYING OF RECORDS AND ACCESS TO EQUIP-
MENT, LANDS, AND BUILDINGS.—A motor carrier subject to 
chapter 51 of subtitle III, a motor carrier, broker, or freight 
forwarder subject to part B of subtitle IV, or the owner or 
operator of a commercial motor vehicle subject to part B 
of subtitle VI of this title who fails to allow the Secretary, 
or an employee designated by the Secretary, promptly upon 
demand to inspect and copy any record or inspect and ex-
amine equipment, lands, buildings and other property in 
accordance with sections 504(c), 5121(c), and 14122(b) of 
this title shall be liable to the United States for a civil pen-
alty not to exceed $500 for each offense, and each day the 
Secretary is denied the right to inspect and copy any record 
or inspect and examine equipment, lands, buildings and 
other property shall constitute a separate offense, except 
that the total of all civil penalties against any violator for 
all offenses related to a single violation shall not exceed 
$5,000. It shall be a defense to such penalty that the records 
did not exist at the time of the Secretary’s request or could 
not be timely produced without unreasonable expense or ef-
863 
HR 3550 EAS 
fort. Nothing herein amends or supersedes any remedy 
available to the Secretary under sections 502(d), 507(c), or 
other provision of this title.’’. 
SEC. 4228. MEDICAL PROGRAM. 
(a) IN GENERAL.—Subchapter III of chapter 311 is 
amended by adding at the end the following: 
‘‘§ 31149. Medical program 
‘‘(a) MEDICAL REVIEW BOARD.— 
‘‘(1) ESTABLISHMENT AND FUNCTION.—The Sec-
retary of Transportation shall establish a Medical Re-
view Board to serve as an advisory committee to pro-
vide the Federal Motor Carrier Safety Administration 
with medical advice and recommendations on driver 
qualification medical standards and guidelines, med-
ical examiner education, and medical research. 
‘‘(2) COMPOSITION.—The Medical Review Board 
shall be appointed by the Secretary and shall consist 
of 5 members selected from medical institutions and 
private practice. The membership shall reflect exper-
tise in a variety of specialties relevant to the func-
tions of the Federal Motor Carrier Safety Administra-
tion. 
‘‘(b) CHIEF MEDICAL EXAMINER.—The Secretary shall 
appoint a chief medical examiner for the Federal Motor 
Carrier Safety Administration.
864 
HR 3550 EAS 
‘‘(c) MEDICAL STANDARDS AND REQUIREMENTS.—The 
Secretary, with the advice of the Medical Review Board and 
the chief medical examiner, shall— 
‘‘(1) establish, review, and revise— 
‘‘(A) medical standards for applicants for 
and holders of commercial driver’s licenses that 
will ensure that the physical condition of opera-
tors of commercial motor vehicles is adequate to 
enable them to operate the vehicles safely; 
‘‘(B) requirements for periodic physical ex-
aminations of such operators performed by med-
ical examiners who have received training in 
physical and medical examination standards 
and are listed on a national registry maintained 
by the Department of Transportation; and 
‘‘(C) requirements for notification of the 
chief medical examiner if such an applicant or 
holder— 
‘‘(i) fails to meet the applicable stand-
ards; or 
‘‘(ii) is found to have a physical or 
mental disability or impairment that would 
interfere with the individual’s ability to op-
erate a commercial motor vehicle safely;
865 
HR 3550 EAS 
‘‘(2) require each holder of a commercial driver’s 
license or learner’s permit to have a current valid 
medical certificate; 
‘‘(3) issue such certificates to such holders and 
applicants who are found, upon examination, to be 
physically qualified to operate a commercial motor 
vehicle and to meet applicable medical standards; and 
‘‘(4) develop, as appropriate, specific courses and 
materials for medical examiners listed in the national 
registry established under this section, and require 
those medical examiners to complete specific training, 
including refresher courses, to be listed in the registry. 
‘‘(d) NATIONAL REGISTRY OF MEDICAL EXAMINERS.— 
The Secretary, through the Federal Motor Carrier Safety 
Administration— 
‘‘(1) shall establish and maintain a current na-
tional registry of medical examiners who are qualified 
to perform examination, testing, inspection, and 
issuance of a medical certificate; 
‘‘(2) shall delegate to those examiners the author-
ity to issue such certificates if the Medical Review 
Board develops a system to identify the medical ex-
amination forms uniquely and track them; and 
‘‘(3) shall remove from the registry the name of 
any medical examiner that fails to meet the qualifica-
866 
HR 3550 EAS 
tions established by the Secretary for being listed in 
the registry. 
‘‘(e) CONSULTATION AND COOPERATION WITH FAA.— 
‘‘(1) IN
GENERAL.—The Administrator of the 
Federal Motor Carrier Safety Administration shall 
consult the Administrator of the Federal Aviation Ad-
ministration with respect to examinations, the 
issuance of certificates, standards, and procedures 
under this section in order to take advantage of such 
aspects of the Federal Aviation Administration’s air-
man certificate program under chapter 447 of this 
title as the Administrator deems appropriate for car-
rying out this section. 
‘‘(2) USE OF FAA-QUALIFIED EXAMINERS.—The 
Administrator of the Federal Motor Carrier Safety 
Administration and the Administrator of the Federal 
Aviation Administration are authorized and encour-
aged to execute a memorandum of understanding 
under which individuals holding or applying for a 
commercial driver’s license or learner’s permit may 
be examined, for purposes of this section, by medical 
examiners who are qualified to administer medical 
examinations for airman certificates under chapter 
447 of this title and the regulations thereunder—
867 
HR 3550 EAS 
‘‘(A) until the national registry required by 
subsection (d) is fully established; and 
‘‘(B) to the extent that the Administrators 
determine appropriate, after that registry is es-
tablished. 
‘‘(f) REGULATIONS.—The Secretary is authorized to 
promulgate such regulations as may be necessary to carry 
out this section.’’. 
(b) MEDICAL EXAMINERS.—Section 31136(a)(3) is 
amended to read as follows: 
‘‘(3) the physical condition of operators of com-
mercial motor vehicles is adequate to enable them to 
operate the vehicles safely, and the periodic physical 
examinations required of such operators are per-
formed by medical examiners who have received 
training in physical and medical examination stand-
ards and are listed on a national registry maintained 
by the Department of Transportation; and’’. 
(c) DEFINITION
OF MEDICAL EXAMINER.—Section 
31132 is amended— 
(1) by redesignating paragraphs (6) through (10) 
as paragraphs (7) through (11), respectively; and 
(2) by inserting after paragraph (5) the fol-
lowing:
868 
HR 3550 EAS 
‘‘(6) ‘medical examiner’ means an individual li-
censed, certified, or registered in accordance with reg-
ulations issued by the Federal Motor Carrier Safety 
Administration as a medical examiner.’’. 
(d) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 311 is amended by inserting after the item relat-
ing to section 31148 the following: 
‘‘31149. Medical program.’’. 
(e) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 1 year after the date of enact-
ment of this Act. 
SEC. 4229. OPERATION OF COMMERCIAL MOTOR VEHICLES 
BY INDIVIDUALS WHO USE INSULIN TO TREAT 
DIABETES MELLITUS. 
(a) REVISION OF FINAL RULE.—Not later than 90 
days after the date of the enactment of this Act, the Sec-
retary shall revise the final rule to allow individuals who 
use insulin to treat their diabetes to operate commercial 
motor vehicles in interstate commerce. The revised final rule 
shall provide for the individual assessment of applicants 
who use insulin to treat their diabetes and who are, except 
for their use of insulin, otherwise qualified under the Fed-
eral Motor Carrier Safety Regulations. The revised final 
rule shall be consistent with the criteria described in section 
4018 of the Transportation Equity Act for the 21st Century 
(49 U.S.C. 31305 note) and shall conclude the rulemaking
869 
HR 3550 EAS 
process in the Federal Motor Carrier Safety Administration 
docket relating to qualifications of drivers with diabetes. 
(b) NO HISTORY OF DRIVING WHILE USING INSULIN 
REQUIRED FOR QUALIFICATION.—The Secretary may not 
require individuals to have experience operating commer-
cial motor vehicles while using insulin in order to qualify 
to operate a commercial motor vehicle in interstate com-
merce. 
(c) HISTORY OF DIABETES CONTROL.—The Secretary 
may require an individual to have used insulin for a min-
imum period of time and demonstrated stable control of di-
abetes in order to qualify to operate a commercial motor 
vehicle in interstate commerce. Any such requirement, in-
cluding any requirement with respect to the duration of 
such insulin use, shall be consistent with the findings of 
the expert medical panel reported in July 2000 in ‘‘A Re-
port to Congress on the Feasibility of a Program to Qualify 
Individuals with Insulin-Treated Diabetes Mellitus to Op-
erate Commercial Motor Vehicles in Interstate Commerce 
as Directed by the Transportation Equity Act for the 21st 
Century’’. 
(d) APPLICABLE STANDARD.—The Secretary shall en-
sure that individuals who use insulin to treat their diabetes 
are not held to a higher standard than other qualified com-
mercial drivers, except to the extent that limited operating,
870 
HR 3550 EAS 
monitoring, or medical requirements are deemed medically 
necessary by experts in the field of diabetes medicine. 
SEC. 
4230. 
FINANCIAL 
RESPONSIBILITY 
FOR 
PRIVATE 
MOTOR CARRIERS. 
(a) TRANSPORTATION OF PASSENGERS.— 
(1) Section 31138(a) is amended to read as fol-
lows: 
‘‘(a) GENERAL
REQUIREMENT.—The Secretary of 
Transportation shall prescribe regulations to require min-
imum levels of financial responsibility sufficient to satisfy 
liability amounts established by the Secretary covering pub-
lic liability and property damage for the transportation of 
passengers by motor vehicle in the United States between 
a place in a State and— 
‘‘(1) a place in another State; 
‘‘(2) another place in the same State through a 
place outside of that State; or 
‘‘(3) a place outside the United States.’’. 
(2) Section 31138(c) is amended by adding at 
the end the following: 
‘‘(4) The Secretary may require a person, other 
than a motor carrier as defined in section 13102(12) 
of this title, transporting passengers by motor vehicle 
to file with the Secretary the evidence of financial re-
sponsibility specified in subsection (c)(1) of this sec-
871 
HR 3550 EAS 
tion in an amount not less than that required by this 
section, and the laws of the State or States in which 
the person is operating, to the extent applicable. The 
extent of the financial responsibility must be suffi-
cient to pay, not more than the amount of the finan-
cial responsibility, for each final judgment against 
the person for bodily injury to, or death of, an indi-
vidual resulting from the negligent operation, mainte-
nance, or use of motor vehicles, or for loss or damage 
to property, or both.’’. 
(b) TRANSPORTATION OF PROPERTY.—Section 31139 
is amended— 
(1) by striking so much of subsection (b) as pre-
cedes paragraph (2) and inserting the following: 
‘‘(b) 
GENERAL
REQUIREMENTS
AND
MINIMUM 
AMOUNT.— 
‘‘(1) The Secretary of Transportation shall pre-
scribe regulations to require minimum levels of finan-
cial responsibility sufficient to satisfy liability 
amounts established by the Secretary covering public 
liability, property damage, and environmental res-
toration for the transportation of property by motor 
vehicle in the United States between a place in a 
State and— 
‘‘(A) a place in another State;
872 
HR 3550 EAS 
‘‘(B) another place in the same State 
through a place outside of that State; or 
‘‘(C) a place outside the United States.’’; 
(2) by aligning the left margin of paragraph (2) 
of subsection (b) with the left margin of paragraph 
(1) of that subsection (as amended by paragraph (1) 
of this subsection); and 
(3) by redesignating subsection (c) through (g) as 
subsections (d) through (h), respectively, and inserting 
after subsection (b) the following: 
‘‘(c) FILING OF EVIDENCE OF FINANCIAL RESPONSI-
BILITY.—The Secretary may require a motor private car-
rier, as defined in section 13102 of this title, to file with 
the Secretary the evidence of financial responsibility speci-
fied in subsection (b) of this section in an amount not less 
than that required by this section, and the laws of the State 
or States in which the motor private carrier is operating, 
to the extent applicable. The amount of the financial re-
sponsibility must be sufficient to pay, not more than the 
amount of the financial responsibility, for each final judg-
ment against the motor private carrier for bodily injury 
to, or death of, an individual resulting from negligent oper-
ation, maintenance, or use of motor vehicles, or for loss or 
damage to property, or both.’’.
873 
HR 3550 EAS 
SEC. 4231. INCREASED PENALTIES FOR OUT-OF-SERVICE 
VIOLATIONS AND FALSE RECORDS. 
(a) Section 521(b)(2)(B) is amended to read as follows: 
‘‘(B) RECORDKEEPING AND REPORTING VIOLA-
TIONS.—A person required to make a report to the 
Secretary, answer a question, or make, prepare, or 
preserve a record under section 504 of this title or 
under any regulation issued by the Secretary pursu-
ant to subchapter III of chapter 311 (except sections 
31138 and 31139) or section 31502 of this title about 
transportation by motor carrier, motor carrier of mi-
grant workers, or motor private carrier, or an officer, 
agent, or employee of that person— 
‘‘(i) who does not make that report, does not 
specifically, completely, and truthfully answer 
that question in 30 days from the date the Sec-
retary requires the question to be answered, or 
does not make, prepare, or preserve that record 
in the form and manner prescribed by the Sec-
retary, shall be liable to the United States for a 
civil penalty in an amount not to exceed $1,000 
for each offense, and each day of the violation 
shall constitute a separate offense, except that the 
total of all civil penalties assessed against any 
violator for all offenses related to any single vio-
lation shall not exceed $10,000; or
874 
HR 3550 EAS 
‘‘(ii) who knowingly falsifies, destroys, mu-
tilates, or changes a required report or record, 
knowingly files a false report with the Secretary, 
knowingly makes or causes or permits to be 
made a false or incomplete entry in that record 
about an operation or business fact or trans-
action, or knowingly makes, prepares, or pre-
serves a record in violation of a regulation or 
order of the Secretary, shall be liable to the 
United States for a civil penalty in an amount 
not to exceed $10,000 for each violation, if any 
such action can be shown to have misrepresented 
a fact that constitutes a violation other than a 
reporting or recordkeeping violation.’’. 
(b) Section 31310(i)(2) is amended to read as follows: 
‘‘(2) The Secretary shall prescribe regulations es-
tablishing sanctions and penalties related to viola-
tions of out-of-service orders by individuals operating 
commercial motor vehicles. The regulations shall re-
quire at least that— 
‘‘(A) an operator of a commercial motor ve-
hicle found to have committed a first violation of 
an out-of-service order shall be disqualified from 
operating such a vehicle for at least 180 days 
and liable for a civil penalty of at least $2,500;
875 
HR 3550 EAS 
‘‘(B) an operator of a commercial motor ve-
hicle found to have committed a second violation 
of an out-of-service order shall be disqualified 
from operating such a vehicle for at least 2 years 
and not more than 5 years and liable for a civil 
penalty of at least $5,000; 
‘‘(C) an employer that knowingly allows or 
requires an employee to operate a commercial 
motor vehicle in violation of an out-of-service 
order shall be liable for a civil penalty of not 
more than $25,000; and 
‘‘(D) an employer that knowingly and will-
fully allows or requires an employee to operate 
a commercial motor vehicle in violation of an 
out-of-service order shall, upon conviction, be 
subject for each offense to imprisonment for a 
term not to exceed 1 year or a fine under title 
18, United States Code, or both.’’. 
SEC. 4232. ELIMINATION OF COMMODITY AND SERVICE EX-
EMPTIONS. 
(a) Section 13506(a) is amended— 
(1) by striking paragraphs (6), (11), (12), (13), 
and (15);
876 
HR 3550 EAS 
(2) by redesignating paragraphs (7), (8), (9), 
(10), and (14) as paragraphs (6), (7), (8), (9) and 
(10), respectively; 
(3) by inserting ‘‘or’’ after the semicolon in 
paragraph (9), as redesignated; and 
(4) striking ‘‘13904(d); or’’ in paragraph (1), as 
redesignated, and inserting ‘‘14904(d).’’. 
(b) Section 13507 is amended by striking ‘‘(6), (8), 
(11), (12), or (13)’’ and inserting ‘‘(6)’’. 
SEC. 4233. INTRASTATE OPERATIONS OF INTERSTATE 
MOTOR CARRIERS. 
(a) Subsection (a) of section 31144 is amended to read 
as follows: 
‘‘(a) IN GENERAL.—The Secretary shall— 
‘‘(1) determine whether an owner or operator is 
fit to operate safely commercial motor vehicles, uti-
lizing among other things the accident record of an 
owner or operator operating in interstate commerce 
and the accident record and safety inspection record 
of such owner or operator in operations that affect 
interstate commerce; 
‘‘(2) periodically update such safety fitness deter-
minations; 
‘‘(3) make such final safety fitness determina-
tions readily available to the public; and
877 
HR 3550 EAS 
‘‘(4) prescribe by regulation penalties for viola-
tions of this section consistent with section 521.’’. 
(b) Subsection (c) of section 31144 is amended by add-
ing at the end the following: 
‘‘(5) TRANSPORTATION AFFECTING INTERSTATE 
COMMERCE.—Owners or operators of commercial 
motor vehicles prohibited from operating in interstate 
commerce pursuant to paragraphs (1) through (3) of 
this section may not operate any commercial motor 
vehicle that affects interstate commerce until the Sec-
retary determines that such owner or operator is fit.’’. 
(c) Section 31144 is amended by redesignating sub-
sections (d), (e), and the second subsection (c) as subsections 
(e), (f), and (g), respectively, and inserting after subsection 
(c) the following: 
‘‘(d) DETERMINATION OF UNFITNESS BY A STATE.— 
If a State that receives Motor Carrier Safety Assistance 
Program funds pursuant to section 31102 of this title deter-
mines, by applying the standards prescribed by the Sec-
retary under subsection (b) of this section, that an owner 
or operator of commercial motor vehicles that has its prin-
cipal place of business in that State and operates in intra-
state commerce is unfit under such standards and prohibits 
the owner or operator from operating such vehicles in the 
State, the Secretary shall prohibit the owner or operator
878 
HR 3550 EAS 
from operating such vehicles in interstate commerce until 
the State determines that the owner or operator is fit.’’. 
SEC. 4234. AUTHORITY TO STOP COMMERCIAL MOTOR VEHI-
CLES. 
(a) IN GENERAL.—Chapter 2 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 38. Commercial motor vehicles required to stop for 
inspections 
‘‘(a) A driver of a commercial motor vehicle, as defined 
in section 31132(1) of title 49, shall stop and submit to 
inspection of the vehicle, driver, cargo, and required records 
when directed to do so by an authorized employee of the 
Federal Motor Carrier Safety Administration, Department 
of Transportation, at or in the vicinity of an inspection 
site. The driver shall not leave the inspection site until au-
thorized to do so by an authorized employee. 
‘‘(b) A driver of a commercial motor vehicle, as defined 
in subsection (a), who knowingly fails to stop for inspection 
when directed to do so by an authorized employee of the 
Federal Motor Carrier Safety Administration at or in the 
vicinity of an inspection site, or leaves the inspection site 
without authorization, shall be fined under this title or im-
prisoned not more than 1 year, or both.’’.
879 
HR 3550 EAS 
(b) AUTHORITY OF FMCSA.—Chapter 203 of title 18, 
United States Code, is amended by adding at the end the 
following: 
‘‘§ 3064. Powers of Federal Motor Carrier Safety Ad-
ministration 
‘‘Authorized employees of the Federal Motor Carrier 
Safety Administration may direct a driver of a commercial 
motor vehicle, as defined in 49 U.S.C. 31132(1), to stop 
for inspection of the vehicle, driver, cargo, and required 
records at or in the vicinity of an inspection site.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) The chapter analysis for chapter 2 of title 18, 
United States Code, is amended by inserting after the 
item relating to section 37 the following: 
‘‘38. Commercial motor vehicles required to stop for inspections.’’. 
(2) The chapter analysis for chapter 203 of title 
18, United States Code, is amended by inserting after 
the item relating to section 3063 the following: 
‘‘3064. Powers of Federal Motor Carrier Safety Administration.’’. 
SEC. 4235. REVOCATION OF OPERATING AUTHORITY. 
Section 13905(e) is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) PROTECTION OF SAFETY.—Notwithstanding 
subchapter II of chapter 5 of title 5, the Secretary—
880 
HR 3550 EAS 
‘‘(A) may suspend the registration of a 
motor carrier, a freight forwarder, or a broker 
for failure to comply with requirements of the 
Secretary pursuant to section 13904(c) or 13906 
of this title, or an order or regulation of the Sec-
retary prescribed under those sections; and 
‘‘(B) shall revoke the registration of a motor 
carrier that has been prohibited from operating 
in interstate commerce for failure to comply with 
the safety fitness requirements of section 31144 of 
this title.’’; 
(2) by striking ‘‘may suspend a registration’’in 
paragraph (2) and inserting ‘‘shall revoke the reg-
istration’’; and 
(3) by striking paragraph (3) and inserting the 
following: 
‘‘(3) NOTICE; PERIOD OF SUSPENSION.—The Sec-
retary may suspend or revoke under this subsection 
the registration only after giving notice of the suspen-
sion or revocation to the registrant. A suspension re-
mains in effect until the registrant complies with the 
applicable sections or, in the case of a suspension 
under paragraph (2), until the Secretary revokes the 
suspension.’’.
881 
HR 3550 EAS 
SEC. 4236. PATTERN OF SAFETY VIOLATIONS BY MOTOR 
CARRIER MANAGEMENT. 
(a) IN GENERAL.—Section 31135 is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘Each’’; and 
(2) by adding at the end the following: 
‘‘(b) PATTERN OF NON-COMPLIANCE.—If an officer of 
a motor carrier engages in a pattern or practice of avoiding 
compliance, or masking or otherwise concealing non-com-
pliance, with regulations on commercial motor vehicle safe-
ty prescribed under this subchapter, the Secretary may sus-
pend, amend, or revoke any part of the motor carrier’s reg-
istration under section 13905 of this title. 
‘‘(c) LIST
OF PROPOSED OFFICERS.—Each person 
seeking registration as a motor carrier under section 13902 
of this title shall submit a list of the proposed officers of 
the motor carrier. If the Secretary determines that any of 
the proposed officers has previously engaged in a pattern 
or practice of avoiding compliance, or masking or otherwise 
concealing non-compliance, with regulations on commercial 
motor vehicle safety prescribed under this chapter, the Sec-
retary may deny the person’s application for registration 
as a motor carrier under section 13902(a)(3). 
‘‘(d) REGULATIONS.—The Secretary shall by regula-
tion establish standards to implement subsections (b) and 
(c).
882 
HR 3550 EAS 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) MOTOR CARRIER.—The term motor carrier 
has the meaning given the term in section 13102(12) 
of this title; and 
‘‘(2) OFFICER.—The term officer means an 
owner, chief executive officer, chief operating officer, 
chief financial officer, safety director, vehicle mainte-
nance supervisor and driver supervisor of a motor 
carrier, regardless of the title attached to those func-
tions.’’. 
(b) 
REGISTRATION
OF
CARRIERS.—Section 
13902(a)(1)(B) is amended to read as follows: 
‘‘(B) any safety regulations imposed by the Sec-
retary, the duties of employers and employees estab-
lished by the Secretary under section 31135, and the 
safety fitness requirements established by the Sec-
retary under section 31144; and’’. 
SEC. 4237. MOTOR CARRIER RESEARCH AND TECHNOLOGY 
PROGRAM. 
(a) IN GENERAL.—Section 31108 is amended to read 
as follows: 
‘‘§ 31108. Motor carrier research and technology pro-
gram 
‘‘(a) RESEARCH, TECHNOLOGY, AND TECHNOLOGY 
TRANSFER ACTIVITIES.—
883 
HR 3550 EAS 
‘‘(1) The Secretary of Transportation shall estab-
lish and carry out a motor carrier and motor coach 
research and technology program. The Secretary may 
carry out research, development, technology, and tech-
nology transfer activities with respect to— 
‘‘(A) the causes of accidents, injuries and 
fatalities involving commercial motor vehicles; 
and 
‘‘(B) means of reducing the number and se-
verity of accidents, injuries and fatalities involv-
ing commercial motor vehicles. 
‘‘(2) The Secretary may test, develop, or assist in 
testing and developing any material, invention, pat-
ented article, or process related to the research and 
technology program. 
‘‘(3) The Secretary may use the funds appro-
priated to carry out this section for training or edu-
cation of commercial motor vehicle safety personnel, 
including, but not limited to, training in accident re-
construction and detection of controlled substances or 
other contraband, and stolen cargo or vehicles. 
‘‘(4) The Secretary may carry out this section— 
‘‘(A) independently;
884 
HR 3550 EAS 
‘‘(B) in cooperation with other Federal de-
partments, agencies, and instrumentalities and 
Federal laboratories; or 
‘‘(C) by making grants to, or entering into 
contracts, cooperative agreements, and other 
transactions with, any Federal laboratory, State 
agency, authority, association, institution, for- 
profit or non-profit corporation, organization, 
foreign country, or person. 
‘‘(5) The Secretary shall use funds made avail-
able to carry out this section to develop, administer, 
communicate, and promote the use of products of re-
search, technology, and technology transfer programs 
under this section. 
‘‘(b) COLLABORATIVE
RESEARCH
AND
DEVELOP-
MENT.— 
‘‘(1) To advance innovative solutions to problems 
involving commercial motor vehicle and motor carrier 
safety, security, and efficiency, and to stimulate the 
deployment of emerging technology, the Secretary 
may carry out, on a cost-shared basis, collaborative 
research and development with— 
‘‘(A) non-Federal entities, including State 
and local governments, foreign governments, col-
leges and universities, corporations, institutions,
885 
HR 3550 EAS 
partnerships, and sole proprietorships that are 
incorporated or established under the laws of any 
State; and 
‘‘(B) Federal laboratories. 
‘‘(2) In carrying out this subsection, the Sec-
retary may enter into cooperative research and devel-
opment agreements (as defined in section 12 of the 
Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3710a)). 
‘‘(3)(A) The Federal share of the cost of activities 
carried out under a cooperative research and develop-
ment agreement entered into under this subsection 
shall not exceed 50 percent, except that if there is sub-
stantial public interest or benefit, the Secretary may 
approve a greater Federal share. 
‘‘(B) All costs directly incurred by the non-Fed-
eral partners, including personnel, travel, and hard-
ware or software development costs, shall be credited 
toward the non-Federal share of the cost of the activi-
ties described in subparagraph (A). 
‘‘(4) The research, development, or use of a tech-
nology under a cooperative research and development 
agreement entered into under this subsection, includ-
ing the terms under which the technology may be li-
censed and the resulting royalties may be distributed,
886 
HR 3550 EAS 
shall be subject to the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701 et seq.). 
‘‘(5) Section 5 of title 41, United States Code, 
shall not apply to a contract or agreement entered 
into under this section. 
‘‘(c) AVAILABILITY OF AMOUNTS.—The amounts made 
available under section 4222(a) of the Motor Carrier Safety 
Reauthorization Act of 2004 to carry out this section shall 
remain available until expended. 
‘‘(d) CONTRACT AUTHORITY.—Approval by the Sec-
retary of a grant with funds made available under section 
4222(a) of the Motor Carrier Safety Reauthorization Act 
of 2004 to carry out this section imposes upon the United 
States Government a contractual obligation for payment of 
the Government’s share of costs incurred in carrying out 
the objectives of the grant.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 311 is amended by striking the item relating 
to section 31108, and inserting the following: 
‘‘31108. Motor carrier research and technology program.’’. 
SEC. 4238. REVIEW OF COMMERCIAL ZONE EXEMPTION PRO-
VISION. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation 
shall complete a review of part 372 of title 49, Code of Fed-
eral Regulations, as it pertains to commercial zone exemp-
887 
HR 3550 EAS 
tions (excluding border commercial zones) from Department 
of Transportation and Surface Transportation Board regu-
lations governing interstate commerce. The Secretary shall 
determine whether such exemptions should continue to 
apply as written, should undergo revision, or should be re-
voked. The Secretary shall submit to the Senate Committee 
on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and Infra-
structure a report of the review not later than 14 months 
after such date of enactment. 
(b) NOTICE.—The Secretary shall publish notice of the 
review required by subsection (a) and provide and oppor-
tunity for the public to submit comments on the effect of 
continuing, revising, or revoking the commercial zone ex-
emptions in part 372 of title 49, Code of Federal Regula-
tions. 
SEC. 4239. INTERNATIONAL COOPERATION. 
(a) IN GENERAL.—Chapter 311 is amended by insert-
ing at the end the following: 
‘‘Subchapter IV—Miscellaneous 
‘‘§ 31161. International cooperation 
‘‘The Secretary is authorized to use funds appro-
priated under section 31104(i) of this title to participate 
and cooperate in international activities to enhance motor 
carrier, commercial motor vehicle, driver, and highway
888 
HR 3550 EAS 
safety by such means as exchanging information, con-
ducting research, and examining needs, best practices, and 
new technology.’’. 
(b) CLERICAL AMENDMENT.—The chapter analysis for 
chapter 311 is amended by adding at the end the following: 
‘‘SUBCHAPTER IV—MISCELLANEOUS 
‘‘31161. International cooperation.’’. 
SEC. 4240. PERFORMANCE AND REGISTRATION INFORMA-
TION SYSTEM MANAGEMENT. 
(a) IN GENERAL.—Section 31106(b) is amended— 
(1) by striking paragraphs (2) and (3) and in-
serting the following: 
‘‘(2) DESIGN.—The program shall link Federal 
motor carrier safety information systems with State 
commercial vehicle registration and licensing systems 
and shall be designed to enable a State to— 
‘‘(A) determine the safety fitness of a motor 
carrier or registrant when licensing or reg-
istering the registrant or motor carrier or while 
the license or registration is in effect; and 
‘‘(B) deny, suspend, or revoke the commer-
cial motor vehicle registrations of a motor car-
rier or registrant that has been issued an oper-
ations out-of-service order by the Secretary.
889 
HR 3550 EAS 
‘‘(3) CONDITIONS FOR PARTICIPATION.—The Sec-
retary shall require States, as a condition of partici-
pation in the program, to— 
‘‘(A) comply with the uniform policies, pro-
cedures, and technical and operational standards 
prescribed by the Secretary under subsection 
(a)(4); 
‘‘(B) possess the authority to impose sanc-
tions relating to commercial motor vehicle reg-
istration on the basis of a Federal safety fitness 
determination; and 
‘‘(C) cancel the motor vehicle registration 
and seize the registration plates of an employer 
found liable under section 31310(i)(2)(C) of this 
title for knowingly allowing or requiring an em-
ployee to operate a commercial motor vehicle in 
violation of an out-of-service order.’’; and 
(2) by striking paragraph (4). 
(b) PERFORMANCE AND REGISTRATION INFORMATION 
SYSTEM MANAGEMENT GRANTS.— 
(1) Subchapter I of chapter 311, as amended by 
this title, is further amended by adding at the end the 
following:
890 
HR 3550 EAS 
‘‘§ 31109. Performance and Registration Information 
System Management 
‘‘(a) IN GENERAL.—From the funds authorized by sec-
tion 4222(c)(2) of the Motor Carrier Safety Reauthorization 
Act of 2004, the Secretary may make a grant in a fiscal 
year to a State to implement the performance and registra-
tion information system management requirements of sec-
tion 31106(b). 
‘‘(b) AVAILABILITY
OF AMOUNTS.—Amounts made 
available to a State under section 4222(c)(2) of the Motor 
Carrier Safety Reauthorization Act of 2004 to carry out 
this section shall remain available until expended. 
‘‘(c) SECRETARY’S APPROVAL.—Approval by the Sec-
retary of a grant to a State under section 4222(c)(2) of 
the Motor Carrier Safety Reauthorization Act of 2004 to 
carry out this section is a contractual obligation of the Gov-
ernment for payment of the amount of the grant.’’. 
(2) CONFORMING
AMENDMENT.—The chapter 
analysis for chapter 311 is amended by inserting 
after the item relating to section 31108 the following: 
‘‘31109. Performance and Registration Information System Management.’’. 
SEC. 4241. COMMERCIAL VEHICLE INFORMATION SYSTEMS 
AND NETWORKS DEPLOYMENT. 
(a) IN GENERAL.—The Secretary shall carry out a 
commercial vehicle information systems and networks pro-
gram to—
891 
HR 3550 EAS 
(1) improve the safety and productivity of com-
mercial vehicles; and 
(2) reduce costs associated with commercial vehi-
cle operations and Federal and State commercial ve-
hicle regulatory requirements. 
(b) PURPOSE.—The program shall advance the techno-
logical capability and promote the deployment of intelligent 
transportation system applications for commercial vehicle 
operations, including commercial vehicle, commercial driv-
er, and carrier-specific information systems and networks. 
(c) CORE DEPLOYMENT GRANTS.— 
(1) IN
GENERAL.—The Secretary shall make 
grants to eligible States for the core deployment of 
commercial vehicle information systems and networks. 
(2) ELIGIBILITY.—To be eligible for a core de-
ployment grant under this section, a State— 
(A) shall have a commercial vehicle infor-
mation systems and networks program plan and 
a top level system design approved by the Sec-
retary; 
(B) shall certify to the Secretary that its 
commercial vehicle information systems and net-
works deployment activities, including hardware 
procurement, software and system development, 
and infrastructure modifications, are consistent
892 
HR 3550 EAS 
with the national intelligent transportation sys-
tems and commercial vehicle information sys-
tems and networks architectures and available 
standards, and promote interoperability and effi-
ciency to the extent practicable; and 
(C) shall agree to execute interoperability 
tests developed by the Federal Motor Carrier 
Safety Administration to verify that its systems 
conform with the national intelligent transpor-
tation systems architecture, applicable stand-
ards, and protocols for commercial vehicle infor-
mation systems and networks. 
(3) AMOUNT OF GRANTS.—The maximum aggre-
gate amount a State may receive under this section 
for the core deployment of commercial vehicle infor-
mation systems and networks may not exceed 
$2,500,000. 
(4) USE OF FUNDS.—Funds from a grant under 
this subsection may only be used for the core deploy-
ment of commercial vehicle information systems and 
networks. Eligible States that have either completed 
the core deployment of commercial vehicle informa-
tion systems and networks or completed such deploy-
ment before core deployment grant funds are expended 
may use the remaining core deployment grant funds
893 
HR 3550 EAS 
for the expanded deployment of commercial vehicle in-
formation systems and networks in their State. 
(d) EXPANDED DEPLOYMENT GRANTS.— 
(1) IN GENERAL.—For each fiscal year, from the 
funds remaining after the Secretary has made core 
deployment grants under subsection (c) of this section, 
the Secretary may make grants to each eligible State, 
upon request, for the expanded deployment of com-
mercial vehicle information systems and networks. 
(2) ELIGIBILITY.—Each State that has com-
pleted the core deployment of commercial vehicle in-
formation systems and networks is eligible for an ex-
panded deployment grant. 
(3) AMOUNT OF GRANTS.—Each fiscal year, the 
Secretary may distribute funds available for ex-
panded deployment grants equally among the eligible 
States, but not to exceed $1,000,000 per State. 
(4) USE OF FUNDS.—A State may use funds 
from a grant under this subsection only for the ex-
panded deployment of commercial vehicle information 
systems and networks. 
(e) FEDERAL SHARE.—The Federal share of the cost 
of a project payable from funds made available to carry 
out this section shall not exceed 50 percent. The total Fed-
894 
HR 3550 EAS 
eral share of the cost of a project payable from all eligible 
sources shall not exceed 80 percent. 
(f) APPLICABILITY
OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated under section 
4222(c)(4) shall be available for obligation in the same 
manner and to the same extent as if such funds were appor-
tioned under chapter 1 of title 23, United States Code, ex-
cept that such funds shall remain available until expended. 
(g) DEFINITIONS.—In this section: 
(1) COMMERCIAL
VEHICLE
INFORMATION
SYS-
TEMS AND NETWORKS.—The term ‘‘commercial vehi-
cle information systems and networks’’ means the in-
formation systems and communications networks that 
provide the capability to— 
(A) improve the safety of commercial vehicle 
operations; 
(B) increase the efficiency of regulatory in-
spection processes to reduce administrative bur-
dens by advancing technology to facilitate in-
spections and increase the effectiveness of enforce-
ment efforts; 
(C) advance electronic processing of reg-
istration information, driver licensing informa-
tion, fuel tax information, inspection and crash 
data, and other safety information;
895 
HR 3550 EAS 
(D) enhance the safe passage of commercial 
vehicles across the United States and across 
international borders; and 
(E) promote the communication of informa-
tion among the States and encourage multistate 
cooperation and corridor development. 
(2) COMMERCIAL
VEHICLE
OPERATIONS.—The 
term ‘‘commercial vehicle operations’’— 
(A) means motor carrier operations and 
motor vehicle regulatory activities associated 
with the commercial movement of goods, includ-
ing hazardous materials, and passengers; and 
(B) with respect to the public sector, in-
cludes the issuance of operating credentials, the 
administration of motor vehicle and fuel taxes, 
and roadside safety and border crossing inspec-
tion and regulatory compliance operations. 
(3) CORE DEPLOYMENT.—The term ‘‘core deploy-
ment’’ means the deployment of systems in a State 
necessary to provide the State with the following ca-
pabilities: 
(A) SAFETY
INFORMATION
EXCHANGE.— 
Safety information exchange to—
896 
HR 3550 EAS 
(i) electronically collect and transmit 
commercial vehicle and driver inspection 
data at a majority of inspection sites; 
(ii) connect to the Safety and Fitness 
Electronic Records system for access to 
interstate carrier and commercial vehicle 
data, summaries of past safety performance, 
and commercial vehicle credentials informa-
tion; and 
(iii) exchange carrier data and com-
mercial vehicle safety and credentials infor-
mation within the State and connect to 
Safety and Fitness Electronic Records for 
access to interstate carrier and commercial 
vehicle data. 
(B) INTERSTATE
CREDENTIALS
ADMINIS-
TRATION.—Interstate credentials administration 
to— 
(i) perform end-to-end processing, in-
cluding carrier application, jurisdiction ap-
plication 
processing, 
and 
credential 
issuance, of at least the International Reg-
istration Plan and International Fuel Tax 
Agreement credentials and extend this proc-
essing to other credentials, including intra-
897 
HR 3550 EAS 
state, titling, oversize/overweight, carrier 
registration, and hazardous materials; 
(ii) connect to the International Reg-
istration Plan and International Fuel Tax 
Agreement clearinghouses; and 
(iii) have at least 10 percent of the 
transaction volume handled electronically, 
and have the capability to add more car-
riers and to extend to branch offices where 
applicable. 
(C) ROADSIDE SCREENING.—Roadside elec-
tronic screening to electronically screen trans-
ponder-equipped commercial vehicles at a min-
imum of 1 fixed or mobile inspection sites and 
to replicate this screening at other sites. 
(4) EXPANDED
DEPLOYMENT.—The term ‘‘ex-
panded deployment’’ means the deployment of systems 
in a State that exceed the requirements of an core de-
ployment of commercial vehicle information systems 
and networks, improve safety and the productivity of 
commercial vehicle operations, and enhance transpor-
tation security. 
SEC. 4242. OUTREACH AND EDUCATION. 
(a) IN GENERAL.—The Secretary of Transportation, 
through the National Highway Traffic Safety Administra-
898 
HR 3550 EAS 
tion and the Federal Motor Carrier Safety Administration, 
may undertake outreach and education initiatives, includ-
ing the ‘‘Share the Road Safely’’ program, that may reduce 
the number of highway accidents, injuries, and fatalities 
involving commercial motor vehicles. The Secretary may 
not use funds authorized by this part for the ‘‘Safety Is 
Good Business’’ program. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary for fiscal 
year 2004 to carry out this section— 
(1) $250,000 for the Federal Motor Carrier Safe-
ty Administration; and 
(2) $750,000 for the National Highway Traffic 
Safety Administration. 
SEC. 4243. OPERATION OF RESTRICTED PROPERTY-CAR-
RYING UNITS ON NATIONAL HIGHWAY SYS-
TEM. 
(a) RESTRICTED
PROPERTY-CARRYING
UNIT
DE-
FINED.—Section 31111(a) is amended— 
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) RESTRICTED PROPERTY-CARRYING UNIT.— 
The term ‘restricted property-carrying unit’ means
899 
HR 3550 EAS 
any trailer, semi-trailer, container, or other property- 
carrying unit that is longer than 53 feet.’’. 
(b) PROHIBITION
ON OPERATION
OF RESTRICTED 
PROPERTY-CARRYING UNITS.— 
(1) IN
GENERAL.—Section 31111(b)(1)(C) is 
amended to read as follows: 
‘‘(C) allows operation on any segment of the Na-
tional Highway System, including the Interstate Sys-
tem, of a restricted property-carrying unit unless the 
operation is specified on the list published under sub-
section (h);’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall take effect 270 days after the date 
of enactment of this subsection. 
(c) LIMITATIONS.—Section 31111 is amended by add-
ing at the end the following: 
‘‘(h) RESTRICTED PROPERTY-CARRYING UNITS.— 
‘‘(1) APPLICABILITY OF PROHIBITION.— 
‘‘(A) IN
GENERAL.—Notwithstanding sub-
section (b)(1)(C), a restricted property-carrying 
unit may continue to operate on a segment of the 
National Highway System if the operation of 
such unit is specified on the list published under 
paragraph (2).
900 
HR 3550 EAS 
‘‘(B) APPLICABILITY OF STATE LAWS AND 
REGULATIONS.—All operations specified on the 
list published under paragraph (2) shall con-
tinue to be subject to all State statutes, regula-
tions, limitations and conditions, including rout-
ing-specific, commodity-specific, and configura-
tion-specific designations and all other restric-
tions, in force on June 1, 2003. 
‘‘(C) 
FIRE-FIGHTING
UNITS.—Subsection 
(b)(1)(C) shall not apply to the operation of a 
restricted property-carrying unit that is used ex-
clusively for fire-fighting. 
‘‘(2) LISTING
OF
RESTRICTED
PROPERTY-CAR-
RYING UNITS.— 
‘‘(A) IN GENERAL.—Not later than 60 days 
after the date of enactment of the Motor Carrier 
Safety Reauthorization Act of 2004, the Sec-
retary shall initiate a proceeding to determine 
and publish a list of restricted property-carrying 
units that were authorized by State officials pur-
suant to State statute or regulation on June 1, 
2003, and in actual and lawful operation on a 
regular or periodic basis (including seasonal op-
erations) on or before June 1, 2003.
901 
HR 3550 EAS 
‘‘(B) LIMITATION.—A restricted property- 
carrying unit may not be included on the list 
published under subparagraph (A) on the basis 
that a State law or regulation could have au-
thorized the operation of the unit at some prior 
date by permit or otherwise. 
‘‘(C) PUBLICATION
OF
FINAL
LIST.—Not 
later than 270 days after the date of enactment 
of this subsection, the Secretary shall publish a 
final list of restricted property-carrying units 
described in subparagraph (A). 
‘‘(D) UPDATES.—The Secretary shall up-
date the list published under subparagraph (C) 
as necessary to reflect new designations made to 
the National Highway System. 
‘‘(3) APPLICABILITY OF PROHIBITION.—The pro-
hibition established by subsection (b)(1)(C) shall 
apply to any new designation made to the National 
Highway System and remain in effect on those por-
tions of the National Highway System that cease to 
be designated as part of the National Highway Sys-
tem. 
‘‘(4) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—This subsection does not prevent a State from 
further restricting in any manner or prohibiting the
902 
HR 3550 EAS 
operation of a restricted property-carrying unit; ex-
cept that such restrictions or prohibitions shall be 
consistent with the requirements of this section and 
sections 31112 through 31114.’’. 
(d) ENFORCEMENT.—The second sentence of section 
141(a) of title 23, United States Code, is amended by strik-
ing ‘‘section 31112’’ and inserting ‘‘sections 31111 and 
31112’’. 
SEC. 4244. OPERATION OF LONGER COMBINATION VEHI-
CLES ON NATIONAL HIGHWAY SYSTEM. 
(a) IN GENERAL.—Section 31112 is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; and 
(2) by inserting after subsection (e) the following: 
‘‘(f) NATIONAL HIGHWAY SYSTEM.— 
‘‘(1) GENERAL RULE.—A State may not allow, 
on a segment of the National Highway System that 
is not covered under subsection (b) or (c), the oper-
ation of a commercial motor vehicle combination (ex-
cept a vehicle or load that cannot be dismantled eas-
ily or divided easily and that has been issued a spe-
cial permit under applicable State law) with more 
than 1 property-carrying unit (not including the 
truck tractor) whose property-carrying units are more 
than—
903 
HR 3550 EAS 
‘‘(A) the maximum combination trailer, 
semitrailer, or other type of length limitation al-
lowed by law or regulation of that State on June 
1, 2003; or 
‘‘(B) the length of the property-carrying 
units of those commercial motor vehicle combina-
tions, by specific configuration, in actual and 
lawful operation on a regular or periodic basis 
(including continuing seasonal operation) in 
that State on or before June 1, 2003. 
‘‘(2) ADDITIONAL LIMITATIONS.— 
‘‘(A) APPLICABILITY
OF
STATE
RESTRIC-
TIONS.—A commercial motor vehicle combina-
tion whose operation in a State is not prohibited 
under paragraph (1) may continue to operate in 
the State on highways described in paragraph 
(1) only in compliance with all State laws, regu-
lations, limitations, and conditions, including 
routing-specific and configuration-specific des-
ignations and all other restrictions in force in 
the State on June 1, 2003. Subject to regulations 
prescribed by the Secretary under subsection (h), 
the State may make minor adjustments of a tem-
porary and emergency nature to route designa-
tions and vehicle operating restrictions in effect
904 
HR 3550 EAS 
on June 1, 2003, for specific safety purposes and 
road construction. 
‘‘(B) ADDITIONAL STATE RESTRICTIONS.— 
This subsection does not prevent a State from 
further restricting in any manner or prohibiting 
the operation of a commercial motor vehicle com-
bination subject to this section, except that such 
restrictions or prohibitions shall be consistent 
with 
this 
section 
and 
sections 
31113(a), 
31113(b), and 31114. 
‘‘(C) MINOR ADJUSTMENTS.—A State mak-
ing a minor adjustment of a temporary and 
emergency nature as authorized by subparagraph 
(A) or further restricting or prohibiting the oper-
ation of a commercial motor vehicle combination 
as authorized by subparagraph (B) shall advise 
the Secretary not later than 30 days after the ac-
tion. The Secretary shall publish a notice of the 
action in the Federal Register. 
‘‘(3) LIST OF STATE LENGTH LIMITATIONS.— 
‘‘(A) STATE SUBMISSIONS.—Not later than 
60 days after the date of enactment of the Motor 
Carrier Safety Reauthorization Act of 2004, each 
State shall submit to the Secretary for publica-
tion a complete list of State length limitations
905 
HR 3550 EAS 
applicable to commercial motor vehicle combina-
tions operating in the State on the highways de-
scribed in paragraph (1). The list shall indicate 
the applicable State laws and regulations associ-
ated with the length limitations. If a State does 
not submit the information as required, the Sec-
retary shall complete and file the information for 
the State. 
‘‘(B) PUBLICATION OF INTERIM LIST.—Not 
later than 90 days after the date of enactment of 
the Motor Carrier Safety Reauthorization Act of 
2004, the Secretary shall publish an interim list 
in the Federal Register consisting of all informa-
tion submitted under subparagraph (A). The 
Secretary shall review for accuracy all informa-
tion submitted by a State under subparagraph 
(A) and shall solicit and consider public com-
ment on the accuracy of the information. 
‘‘(C) LIMITATION.—A law or regulation 
may not be included on the list submitted by a 
State or published by the Secretary merely be-
cause it authorized, or could have authorized, by 
permit or otherwise, the operation of commercial 
motor vehicle combinations not in actual oper-
906 
HR 3550 EAS 
ation on a regular or periodic basis on or before 
June 1, 2003. 
‘‘(D) PUBLICATION OF FINAL LIST.—Except 
as revised under this subparagraph or subpara-
graph (E), the list shall be published as final in 
the Federal Register not later than 270 days 
after the date of enactment of the Motor Carrier 
Safety Reauthorization Act of 2004. In pub-
lishing the final list, the Secretary shall make 
any revisions necessary to correct inaccuracies 
identified under subparagraph (B). After publi-
cation of the final list, commercial motor vehicle 
combinations prohibited under paragraph (1) 
may not operate on a highway described in 
paragraph (1) except as published on the list. 
‘‘(E) INACCURACIES.—On the Secretary’s 
own motion or on request by any person (includ-
ing a State), the Secretary shall review the list 
published under subparagraph (D). If the Sec-
retary decides there is reason to believe a mistake 
was made in the accuracy of the list, the Sec-
retary shall begin a proceeding to decide whether 
a mistake was made. If the Secretary decides 
there was a mistake, the Secretary shall publish 
the correction.’’.
907 
HR 3550 EAS 
(b) CONFORMING AMENDMENTS.—Section 31112 is 
amended— 
(1) by inserting ‘‘126(e) or’’ before ‘‘127(d)’’ in 
subsection (g)(1) (as redesignated by subsection (a) of 
this section); 
(2) by inserting ‘‘(or June 1, 2003, with respect 
to highways described in subsection (f)(1))’’ after 
‘‘June 2, 1991’’ in subsection (g)(3) (as redesignated 
by subsection (a) of this section); and 
(3) by striking ‘‘Not later than June 15, 1992, 
the Secretary’’ in subsection (h)(2) (as redesignated 
by subsection (a) of this section) and inserting ‘‘The 
Secretary’’; and 
(4) by inserting ‘‘or (f)’’ in subsection (h)(2) (as 
redesignated by subsection (a) of this section) after 
‘‘subsection (d)’’. 
SEC. 4245. APPLICATION OF SAFETY STANDARDS TO CER-
TAIN FOREIGN MOTOR CARRIERS. 
(a) APPLICATION OF SAFETY STANDARDS.—Section 
30112 is amended— 
(1) by striking ‘‘person’’ in subsection (a) and 
inserting ‘‘person, including a foreign motor car-
rier,’’; and 
(2) by adding at the end the following: 
‘‘(c) DEFINITIONS.—In this section:
908 
HR 3550 EAS 
‘‘(1) FOREIGN MOTOR CARRIER.—The term ‘for-
eign motor carrier’ has the meaning given that term 
in section 13102 of this title. 
‘‘(2) IMPORT.—The term ‘import’ means trans-
port by any means into the United States, on a per-
manent or temporary basis, including the transpor-
tation of a motor vehicle into the United States for 
the purpose of providing the transportation of cargo 
or passengers.’’. 
(b) REQUIREMENT
FOR CERTIFICATE
OF COMPLI-
ANCE.—Section 30115 is amended by adding at the end the 
following: 
‘‘(c) APPLICATION TO FOREIGN MOTOR CARRIERS.— 
‘‘(1) IN GENERAL.—The requirement for certifi-
cation described in subsection (a) shall apply to a for-
eign motor carrier that imports a motor vehicle or 
motor vehicle equipment into the United States. Such 
certification shall be made to the Secretary of Trans-
portation prior to the import of the vehicle or equip-
ment. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) FOREIGN MOTOR CARRIER.—The term 
‘foreign motor carrier’ has the meaning given 
that term in section 13102 of this title.
909 
HR 3550 EAS 
‘‘(B) IMPORT.—The term ‘import’ has the 
meaning given that term in section 30112 of this 
title.’’. 
(c) TIME FOR COMPLIANCE.—The amendments made 
by sections (a) and (b) shall take effect on September 1, 
2004. 
SEC. 4246. BACKGROUND CHECKS FOR MEXICAN AND CANA-
DIAN DRIVERS HAULING HAZARDOUS MATE-
RIALS. 
(a) IN GENERAL.—No commercial motor vehicle oper-
ator registered to operate in Mexico or Canada may operate 
a commercial motor vehicle transporting a hazardous mate-
rial in commerce in the United States until the operator 
has undergone a background records check similar to the 
background records check required for commercial motor ve-
hicle operators licensed in the United States to transport 
hazardous materials in commerce. 
(b) DEFINITIONS.—In this section: 
(1) HAZARDOUS
MATERIALS.—The term ‘‘haz-
ardous material’’ means any material determined by 
the Secretary of Transportation to be a hazardous 
material for purposes of this section. 
(2) COMMERCIAL
MOTOR
VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given
910 
HR 3550 EAS 
that term by section 31101 of title 49, United States 
Code. 
(c) EFFECTIVE DATE.—This section takes effect on 
April 1, 2004. 
SEC. 4247. EXEMPTION OF DRIVERS OF UTILITY SERVICE 
VEHICLES. 
Section 345 of the National Highway System Designa-
tion Act of 1995 (49 U.S.C. 31136 note) is amended— 
(1) by striking paragraph (4) of subsection (a) 
and inserting the following: 
‘‘(4) DRIVERS OF UTILITY SERVICE VEHICLES.— 
‘‘(A) INAPPLICABILITY OF FEDERAL REGU-
LATIONS.—Such regulations may not apply to a 
driver of a utility service vehicle. 
‘‘(B) PROHIBITION
ON
STATE
REGULA-
TIONS.—A State, a political subdivision of a 
State, an interstate agency, or other entity con-
sisting of 2 or more States, may not enact or en-
force any law, rule, regulation, or standard that 
imposes requirements on a driver of a utility 
service vehicle that are similar to the require-
ments contained in such regulations.’’; 
(2) by striking ‘‘Nothing’’ in subsection (b) and 
inserting ‘‘Except as provided in subsection (a)(4), 
nothing’’; and
911 
HR 3550 EAS 
(3) by striking ‘‘paragraph (2)’’ in the first sen-
tence of subsection (c) and inserting ‘‘an exemption 
under paragraph (2) or (4)’’. 
SEC. 4248. OPERATION OF COMMERCIAL MOTOR VEHICLES 
TRANSPORTING 
AGRICULTURAL 
COMMOD-
ITIES AND FARM SUPPLIES. 
(a) EXEMPTION FROM HOURS-OF-SERVICE REQUIRE-
MENTS.— 
(1) IN GENERAL.—Section 345(c) of the National 
Highway System Designation Act of 1995 (49 U.S.C. 
31136 note), as amended by section 4247(3) of this 
title, is amended by striking ‘‘paragraph (2) or (4)’’ 
and inserting ‘‘paragraph (1), (2), or (4) of that sub-
section)’’. 
(2) APPLICABILITY.—The exemption provided by 
section 345(a)(1) of the National Highway System 
Designation Act of 1995 (49 U.S.C. 31136 note) shall 
apply to a person transporting agricultural commod-
ities or farm supplies for agricultural purposes under 
that section on and after the date of enactment of this 
Act regardless of any action taken by the Secretary 
of Transportation under section 345(c) of that Act be-
fore the date of enactment of this Act.
912 
HR 3550 EAS 
(b) DEFINITION OF AGRICULTURAL COMMODITY.—Sec-
tion 345(e) of the National Highway System Designation 
Act of 1995 (49 U.S.C. 31136 note) is amended— 
(1) by redesignating paragraphs (3), (4), (5), 
and (6) as paragraphs (5), (6), (4), and (7), respec-
tively, and moving the paragraphs so as to appear in 
numerical order; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) AGRICULTURAL COMMODITY.—The term ‘ag-
ricultural commodity’ has the meaning given the term 
in section 102 of the Agricultural Trade Act of 1978 
(7 U.S.C. 5602).’’. 
SEC. 4249. SAFETY PERFORMANCE HISTORY SCREENING. 
(a) IN GENERAL.—Subchapter III of chapter 311, as 
amended by section 4228, is amended by adding at the end 
the following: 
‘‘§ 31150. Safety performance history screening 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall provide companies conducting pre-employment screen-
ing services for the motor carrier industry electronic access 
to— 
‘‘(1) commercial motor vehicle accident reports, 
‘‘(2) inspection reports that contain no driver-re-
lated safety violations, and
913 
HR 3550 EAS 
‘‘(3) serious driver-related safety violation in-
spection reports that are contained in the Motor Car-
rier Management Information System. 
‘‘(b) ESTABLISHMENT.—Prior to making information 
available to such companies under subsection (a), the Sec-
retary shall— 
‘‘(1) ensure that any information released is 
done in accordance with the Fair Credit Reporting 
Act (15 U.S.C. 1681 et seq.) and all applicable Fed-
eral laws; 
‘‘(2) require the driver applicant’s written con-
sent as a condition of releasing the information; 
‘‘(3) ensure that the information made available 
to companies providing pre-employment screening 
services is not released to any other unauthorized 
company or individual, unless expressly authorized or 
required by law; and 
‘‘(4) provide a procedure for drivers to remedy 
incorrect information in a timely manner. 
‘‘(c) DESIGN.—To be eligible to have access to informa-
tion under subsection (a), a company conducting pre-em-
ployment screening services for the motor carrier industry 
shall utilize a screening process— 
‘‘(1) that is designed to assist the motor carrier 
industry in assessing an individual driver’s crash
914 
HR 3550 EAS 
and serious safety violation inspection history as a 
pre-employment condition; 
‘‘(2) the use of which is not mandatory; and 
‘‘(3) which is used only during the pre-employ-
ment assessment of a driver-applicant. 
‘‘(d) SERIOUS
DRIVER-RELATED
SAFETY
VIOLA-
TIONS.—In this section, the term ‘serious driver-related 
safety violation’ means a violation listed in the North 
American Standard Driver Out-of-service Criteria that pro-
hibits the continued operation of a commercial motor vehi-
cle.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 311, as amended by section 4228, is amended 
by inserting after the item relating to section 31149 the fol-
lowing: 
‘‘31150. Safety performance history screening.’’. 
SEC. 4250. COMPLIANCE REVIEW AUDIT. 
Within 1 year after the date of enactment of this Act, 
the Inspector General for the Department of Transportation 
shall audit the compliance reviews performed by the Federal 
Motor Carrier Safety Administration in fiscal year 2003 
and submit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representa-
tives Committee on Transportation and Infrastructure 
on—
915 
HR 3550 EAS 
(1) the enforcement actions taken as a result of 
the compliance reviews, including fines, suspension or 
revocation of operating authority, unsatisfactory rat-
ings, and follow-up actions to ensure compliance with 
Federal motor carrier safety regulations; 
(2) whether compliance reviews are or should be 
performed on a corporate-wide basis for all affiliates 
of the motor carrier selected for a compliance review 
as a result of its Safety Status Measurement System 
ranking or the submission of a complaint; 
(3) whether the enforcement actions taken by the 
Federal Motor Carrier Safety Administration are 
adequate to assure future compliance of the motor 
carrier with Federal safety regulations and what de-
terrent effect those enforcement actions may have in-
dustry-wide; 
(4) whether the methodology for calculating the 
crash rate of commercial motor vehicles in the Safety 
Status Measurement System would be more appro-
priately based on the number of vehicle miles driven 
by a motor carrier rather than the number of trucks 
operated by the carrier; 
(5) whether the public access information in the 
Safety Status Measurement System meets the agency’s 
requirements under the Data Quality Act; and
916 
HR 3550 EAS 
(6) the existing information Selection System In-
dicators criteria and weighting and whether the safe-
ty evaluation area containing data on accidents 
should receive higher priority for complaince reviews 
and inspection selection. 
PART III—UNIFIED CARRIER REGISTRATION 
SEC. 4261. SHORT TITLE. 
This part may be cited as the ‘‘Unified Carrier Reg-
istration Act of 2004’’. 
SEC. 4262. RELATIONSHIP TO OTHER LAWS. 
Except as provided in section 14504 of title 49, United 
States Code, and sections 14504a and 14506 of title 49, 
United States Code, as added by this part, this part is not 
intended to prohibit any State or any political subdivision 
of any State from enacting, imposing, or enforcing any law 
or regulation with respect to a motor carrier, motor private 
carrier, broker, freight forwarder, or leasing company that 
is not otherwise prohibited by law. 
SEC. 4263. INCLUSION OF MOTOR PRIVATE AND EXEMPT 
CARRIERS. 
(a) PERSONS REGISTERED TO PROVIDE TRANSPOR-
TATION OR SERVICE AS A MOTOR CARRIER OR MOTOR PRI-
VATE CARRIER.—Section 13905 is amended by— 
(1) redesignating subsections (b), (c), (d), and (e) 
as subsections (c), (d), (e), and (f), respectively; and
917 
HR 3550 EAS 
(2) inserting after subsection (a) the following: 
‘‘(b) PERSON REGISTERED WITH SECRETARY.—Any 
person having registered with the Secretary to provide 
transportation or service as a motor carrier or motor pri-
vate carrier under this title, as in effect on January 1, 
2002, but not having registered pursuant to section 
13902(a) of this title, shall be deemed, for purposes of this 
part, to be registered to provide such transportation or serv-
ice for purposes of sections 13908 and 14504a of this title.’’. 
(b) SECURITY REQUIREMENT.—Section 13906(a) is 
amended by— 
(1) redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; and 
(2) inserting the following: 
‘‘(2) SECURITY REQUIREMENT.—Not later than 
120 days after the date of enactment of the Unified 
Carrier Registration Act of 2004, any person, other 
than a motor private carrier, registered with the Sec-
retary to provide transportation or service as a motor 
carrier under section 13905(b) of this title shall file 
with the Secretary a bond, insurance policy, or other 
type of security approved by the Secretary, in an 
amount not less than required by sections 31138 and 
31139 of this title.’’.
918 
HR 3550 EAS 
SEC. 4264. UNIFIED CARRIER REGISTRATION SYSTEM. 
(a) Section 13908 is amended to read as follows: 
‘‘§ 13908. Registration and other reforms 
‘‘(a) ESTABLISHMENT
OF UNIFIED CARRIER REG-
ISTRATION SYSTEM.—The Secretary, in cooperation with 
the States, representatives of the motor carrier, motor pri-
vate carrier, freight forwarder and broker industries, and 
after notice and opportunity for public comment, shall issue 
within 1 year after the date of enactment of the Unified 
Carrier Registration Act of 2004 regulations to establish, 
an online, Federal registration system to be named the Uni-
fied Carrier Registration System to replace— 
‘‘(1) the current Department of Transportation 
identification number system, the Single State Reg-
istration System under section 14504 of this title; 
‘‘(2) the registration system contained in this 
chapter and the financial responsibility information 
system under section 13906; and 
‘‘(3) the service of process agent systems under 
sections 503 and 13304 of this title. 
‘‘(b) ROLE AS CLEARINGHOUSE AND DEPOSITORY OF 
INFORMATION.—The Unified Carrier Registration System 
shall serve as a clearinghouse and depository of information 
on, and identification of, all foreign and domestic motor 
carriers, motor private carriers, brokers, and freight for-
warders, and others required to register with the Depart-
919 
HR 3550 EAS 
ment, including information with respect to a carrier’s safe-
ty rating, compliance with required levels of financial re-
sponsibility, and compliance with the provisions of section 
14504a of this title. The Secretary shall ensure that Federal 
agencies, States, representatives of the motor carrier indus-
try, and the public have access to the Unified Carrier Reg-
istration System, including the records and information 
contained in the System. 
‘‘(c) PROCEDURES FOR CORRECTING INFORMATION.— 
Not later than 60 days after the effective date of this section, 
the Secretary shall prescribe regulations establishing proce-
dures that enable a motor carrier to correct erroneous infor-
mation contained in any part of the Unified Carrier Reg-
istration System. 
‘‘(d) FEE SYSTEM.—The Secretary shall establish, 
under section 9701 of title 31, a fee system for the Unified 
Carrier Registration System according to the following 
guidelines: 
‘‘(1) REGISTRATION AND FILING EVIDENCE OF 
FINANCIAL
RESPONSIBILITY.—The fee for new reg-
istrants shall as nearly as possible cover the costs of 
processing the registration and conducting the safety 
audit or examination, if required, but shall not exceed 
$300.
920 
HR 3550 EAS 
‘‘(2) 
EVIDENCE
OF
FINANCIAL
RESPONSI-
BILITY.—The fee for filing evidence of financial re-
sponsibility pursuant to this section shall not exceed 
$10 per filing. No fee shall be charged for a filing for 
purposes of designating an agent for service of process 
or the filing of other information relating to financial 
responsibility. 
‘‘(3) ACCESS AND RETRIEVAL FEES.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the fee system shall include a 
nominal fee for the access to or retrieval of infor-
mation from the Unified Carrier Registration 
System to cover the costs of operating and up-
grading the System, including the personnel 
costs incurred by the Department and the costs 
of administration of the Unified Carrier Reg-
istration Agreement. 
‘‘(B) EXCEPTIONS.—There shall be no fee 
charged— 
‘‘(i) to any agency of the Federal Gov-
ernment or a State government or any po-
litical subdivision of any such government 
for the access to or retrieval of information 
and data from the Unified Carrier Reg-
istration System for its own use; or
921 
HR 3550 EAS 
‘‘(ii) to any representative of a motor 
carrier, motor private carrier, leasing com-
pany, broker, or freight forwarder (as each 
is defined in section 14504a of this title) for 
the access to or retrieval of the individual 
information related to such entity from the 
Unified Carrier Registration System for the 
individual use of such entity.’’. 
SEC. 4265. REGISTRATION OF MOTOR CARRIERS BY STATES. 
(a) TERMINATION OF REGISTRATION PROVISIONS.— 
Section 14504 is amended by adding at the end the fol-
lowing: 
‘‘(d) TERMINATION OF PROVISIONS.—Subsections (b) 
and (c) shall cease to be effective on the first January 1st 
occurring more than 12 months after the date of enactment 
of the Unified Carrier Registration Act of 2004.’’. 
(b) UNIFIED CARRIER REGISTRATION SYSTEM PLAN 
AND AGREEMENT.—Chapter 145 is amended by inserting 
after section 14504 the following: 
‘‘§ 14504a. Unified carrier registration system plan 
and agreement 
‘‘(a) DEFINITIONS.—In this section and section 14506 
of this title: 
‘‘(1) COMMERCIAL MOTOR VEHICLE.—
922 
HR 3550 EAS 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘commercial motor 
vehicle’ has the meaning given the term in sec-
tion 31101 of this title. 
‘‘(B) EXCEPTION.—With respect to motor 
carriers required to make any filing or pay any 
fee to a State with respect to the motor carrier’s 
authority or insurance related to operation with-
in such State, the term ‘commercial motor vehi-
cle’ means any self-propelled vehicle used on the 
highway in commerce to transport passengers or 
property for compensation regardless of the gross 
vehicle weight rating of the vehicle or the number 
of passengers transported by such vehicle. 
‘‘(2) BASE-STATE.— 
‘‘(A) IN GENERAL.—The term ‘Base-State’ 
means, with respect to the Unified Carrier Reg-
istration Agreement, a State— 
‘‘(i) that is in compliance with the re-
quirements of subsection (e); and 
‘‘(ii) in which the motor carrier, motor 
private carrier, broker, freight forwarder or 
leasing company maintains its principal 
place of business.
923 
HR 3550 EAS 
‘‘(B) DESIGNATION
OF
BASE-STATE.—A 
motor carrier, motor private carrier, broker, 
freight forwarder or leasing company may des-
ignate another State in which it maintains an 
office or operating facility as its Base-State in 
the event that— 
‘‘(i) the State in which the motor car-
rier, motor private carrier, broker, freight 
forwarder or leasing company maintains its 
principal place of business is not in compli-
ance with the requirements of subsection (e); 
or 
‘‘(ii) the motor carrier, motor private 
carrier, broker, freight forwarder or leasing 
company does not have a principal place of 
business in the United States. 
‘‘(3) INTRASTATE FEE.—The term ‘intrastate fee’ 
means any fee, tax, or other type of assessment, in-
cluding per vehicle fees and gross receipts taxes, im-
posed on a motor carrier or motor private carrier for 
the renewal of the intrastate authority or insurance 
filings of such carrier with a State. 
‘‘(4) LEASING COMPANY.—The term ‘leasing com-
pany’ means a lessor that is engaged in the business 
of leasing or renting for compensation motor vehicles
924 
HR 3550 EAS 
without drivers to a motor carrier, motor private car-
rier, or freight forwarder. 
‘‘(5) MOTOR CARRIER.—The term ‘motor carrier’ 
has the meaning given the term in section 13102(12) 
of this title, but shall include all carriers that are oth-
erwise exempt from the provisions of part B of this 
title pursuant to the provisions of chapter 135 of this 
title or exemption actions by the former Interstate 
Commerce Commission under this title. 
‘‘(6) PARTICIPATING STATE.—The term ‘partici-
pating state’ means a State that has complied with 
the requirements of subsection (e) of this section. 
‘‘(7) SSRS.—The term ‘SSRS’ means the Single 
State Registration System in effect on the date of en-
actment of the Unified Carrier Registration Act of 
2004. 
‘‘(8) UNIFIED
CARRIER
REGISTRATION
AGREE-
MENT.—The terms ‘Unified Carrier Registration 
Agreement’ and ‘UCR Agreement’ mean the interstate 
agreement developed under the Unified Carrier Reg-
istration Plan governing the collection and distribu-
tion of registration and financial responsibility infor-
mation provided and fees paid by motor carriers, 
motor private carriers, brokers, freight forwarders and 
leasing companies pursuant to this section.
925 
HR 3550 EAS 
‘‘(9) UNIFIED CARRIER REGISTRATION PLAN.— 
The terms ‘Unified Carrier Registration Plan’ and 
‘UCR Plan’ mean the organization of State, Federal 
and industry representatives responsible for devel-
oping, implementing and administering the Unified 
Carrier Registration Agreement. 
‘‘(10) VEHICLE REGISTRATION.—The term ‘vehi-
cle registration’ means the registration of any com-
mercial motor vehicle under the International Reg-
istration Plan or any other registration law or regu-
lation of a jurisdiction. 
‘‘(b) APPLICABILITY OF PROVISIONS TO FREIGHT FOR-
WARDERS.—A Freight forwarder that operates commercial 
motor vehicles and is not required to register as a carrier 
pursuant to section 13903(b) of this title shall be subject 
to the provisions of this section as if a motor carrier. 
‘‘(c) UNREASONABLE BURDEN.—For purposes of this 
section, it shall be considered an unreasonable burden upon 
interstate commerce for any State or any political subdivi-
sion of a State, or any political authority of 2 or more 
States— 
‘‘(1) to enact, impose, or enforce any requirement 
or standards, or levy any fee or charge on any inter-
state motor carrier or interstate motor private carrier 
in connection with—
926 
HR 3550 EAS 
‘‘(A) the registration with the State of the 
interstate operations of a motor carrier or motor 
private carrier; 
‘‘(B) the filing with the State of informa-
tion relating to the financial responsibility of a 
motor carrier or motor private carrier pursuant 
to sections 31138 or 31139 of this title; 
‘‘(C) the filing with the State of the name 
of the local agent for service of process of a motor 
carrier or motor private carrier pursuant to sec-
tions 503 or 13304 of this title; or 
‘‘(D) the annual renewal of the intrastate 
authority, or the insurance filings, of a motor 
carrier or motor private carrier, or other intra-
state filing requirement necessary to operate 
within the State, if the motor carrier or motor 
private carrier is— 
‘‘(i) registered in compliance with sec-
tion 13902 or section 13905(b) of this title; 
and 
‘‘(ii) in compliance with the laws and 
regulations of the State authorizing the car-
rier to operate in the State pursuant to sec-
tion 14501(c)(2)(A) of this title 
except with respect to—
927 
HR 3550 EAS 
‘‘(I) intrastate service provided by 
motor carriers of passengers that is not 
subject to the preemptive provisions of 
section 14501(a) of this title, 
‘‘(II) motor carriers of property, 
motor private carriers, brokers, or 
freight forwarders, or their services or 
operations, that are described in sub-
paragraphs (B) and (C) of section 
14501(c)(2) and section 14506(c)(3) or 
permitted pursuant to section 14506(b) 
of this title, and 
‘‘(III) the intrastate transpor-
tation of waste or recycables by any 
carrier); or 
‘‘(2) to require any interstate motor carrier or 
motor private carrier to pay any fee or tax, not pro-
scribed by paragraph (1)(D) of this subsection, that 
a motor carrier or motor private carrier that pays a 
fee which is proscribed by that paragraph is not re-
quired to pay. 
‘‘(d) UNIFIED CARRIER REGISTRATION PLAN.— 
‘‘(1) BOARD OF DIRECTORS.— 
‘‘(A) GOVERNANCE OF PLAN.—The Unified 
Carrier Registration Plan shall be governed by a
928 
HR 3550 EAS 
Board of Directors consisting of representatives 
of the Department of Transportation, Partici-
pating States, and the motor carrier industry. 
‘‘(B) NUMBER.—The Board shall consist of 
15 directors. 
‘‘(C) COMPOSITION.—The Board shall be 
composed of directors appointed as follows: 
‘‘(i) FEDERAL MOTOR CARRIER SAFETY 
ADMINISTRATION.—The Secretary shall ap-
point 1 director from each of the Federal 
Motor Carrier Safety Administration’s 4 
Service Areas (as those areas were defined 
by the Federal Motor Carrier Safety Ad-
ministration on January 1, 2003), from 
among the chief administrative officers of 
the State agencies responsible for overseeing 
the administration of the UCR Agreement. 
‘‘(ii) STATE AGENCIES.—The Secretary 
shall appoint 5 directors from the profes-
sional staffs of State agencies responsible for 
overseeing the administration of the UCR 
Agreement in their respective States. Nomi-
nees for these 5 directorships shall be sub-
mitted to the Secretary by the national as-
sociation of professional employees of the
929 
HR 3550 EAS 
State agencies responsible for overseeing the 
administration of the UCR Agreement in 
their respective States. 
‘‘(iii) MOTOR
CARRIER
INDUSTRY.— 
The Secretary shall appoint 5 directors 
from the motor carrier industry. At least 1 
of the appointees shall be an employee of the 
national trade association representing the 
general motor carrier of property industry. 
‘‘(iv) DEPARTMENT
OF
TRANSPOR-
TATION.—The Secretary shall appoint the 
Deputy Administrator of the Federal Motor 
Carrier Safety Administration, or such 
other 
presidential 
appointee 
from 
the 
United States Department of Transpor-
tation, as the Secretary may designate, to 
serve as a director. 
‘‘(D) 
CHAIRPERSON
AND
VICE-CHAIR-
PERSON.—The Secretary shall designate 1 direc-
tor as Chairperson and 1 director as Vice-Chair-
person of the Board. The Chairperson and Vice- 
Chairperson shall serve in such capacity for the 
term of their appointment as directors. 
‘‘(E) TERM.—In appointing the initial 
Board, the Secretary shall designate 5 of the ap-
930 
HR 3550 EAS 
pointed directors for initial terms of 3 years, 5 
of the appointed directors for initial terms of 2 
years, and 5 of the appointed directors for ini-
tial terms of 1 year. Thereafter, all directors 
shall be appointed for terms of 3 years, except 
that the term of the Deputy Administrator or 
other individual designated by the Secretary 
under subparagraph (C)(iv) shall be at the dis-
cretion of the Secretary. A director may be ap-
pointed to succeed himself or herself. A director 
may continue to serve on the Board until his or 
her successor is appointed. 
‘‘(2) RULES AND REGULATIONS GOVERNING THE 
UCR AGREEMENT.—The Board of Directors shall de-
velop the rules and regulations to govern the UCR 
Agreement and submit such rules and regulations to 
the Secretary for approval and adoption. The rules 
and regulations shall— 
‘‘(A) prescribe uniform forms and formats, 
for— 
‘‘(i) the annual submission of the in-
formation required by a Base-State of a 
motor carrier, motor private carrier, leasing 
company, broker, or freight forwarder;
931 
HR 3550 EAS 
‘‘(ii) the transmission of information 
by a Participating State to the Unified 
Carrier Registration System; 
‘‘(iii) the payment of excess fees by a 
State to the designated depository and the 
distribution of fees by the depository to 
those States so entitled; and 
‘‘(iv) the providing of notice by a 
motor carrier, motor private carrier, broker, 
freight forwarder, or leasing company to the 
Board of the intent of such entity to change 
its Base-State, and the procedures for a 
State to object to such a change under sub-
paragraph (C) of this paragraph; 
‘‘(B) provide for the administration of the 
Unified Carrier Registration Agreement, includ-
ing procedures for amending the Agreement and 
obtaining clarification of any provision of the 
Agreement; 
‘‘(C) provide procedures for dispute resolu-
tion that provide due process for all involved 
parties; and 
‘‘(D) designate a depository. 
‘‘(3) COMPENSATION AND EXPENSES.—Except for 
the representative of the Department of Transpor-
932 
HR 3550 EAS 
tation appointed pursuant to paragraph 1(D), no di-
rector shall receive any compensation or other benefits 
from the Federal Government for serving on the 
Board or be considered a Federal employee as a result 
of such service. All Directors shall be reimbursed for 
expenses they incur attending duly called meetings of 
the Board. In addition, the Board may approve the 
reimbursement of expenses incurred by members of 
any subcommittee or task force appointed pursuant to 
paragraph (5). The reimbursement of expenses to di-
rectors and subcommittee and task force members 
shall be based on the then applicable rules of the Gen-
eral Service Administration governing reimbursement 
of expenses for travel by Federal employees. 
‘‘(4) MEETINGS.— 
‘‘(A) IN GENERAL.—The Board shall meet 
at least once per year. Additional meetings may 
be called, as needed, by the Chairperson of the 
Board, a majority of the directors, or the Sec-
retary. 
‘‘(B) QUORUM.—A majority of directors 
shall constitute a quorum. 
‘‘(C) VOTING.—Approval of any matter be-
fore the Board shall require the approval of a 
majority of all directors present at the meeting.
933 
HR 3550 EAS 
‘‘(D) OPEN
MEETINGS.—Meetings of the 
Board and any subcommittees or task forces ap-
pointed pursuant to paragraph (5) of this sec-
tion shall be subject to the provisions of section 
552b of title 5. 
‘‘(5) SUBCOMMITTEES.— 
‘‘(A) 
INDUSTRY
ADVISORY
SUB-
COMMITTEE.—The Chairperson shall appoint an 
Industry Advisory Subcommittee. The Industry 
Advisory Subcommittee shall consider any mat-
ter before the Board and make recommendations 
to the Board. 
‘‘(B) OTHER SUBCOMMITTEES.—The Chair-
person shall appoint an Audit Subcommittee, a 
Dispute Resolution Subcommittee, and any ad-
ditional subcommittees and task forces that the 
Board determines to be necessary. 
‘‘(C) MEMBERSHIP.—The chairperson of 
each subcommittee shall be a director. The other 
members of subcommittees and task forces may 
be directors or non-directors. 
‘‘(D) REPRESENTATION
ON
SUBCOMMIT-
TEES.—Except for the Industry Advisory Sub-
committee (the membership of which shall consist 
solely of representatives of entities subject to the
934 
HR 3550 EAS 
fee requirements of subsection (f) of this section), 
each subcommittee and task force shall include 
representatives of the Federal Motor Carrier 
Safety Administration, the Participating States, 
and the motor carrier industry. 
‘‘(6) DELEGATION OF AUTHORITY.—The Board 
may contract with any private commercial or non- 
profit entity or any agency of a State to perform ad-
ministrative functions required under the Unified 
Carrier Registration Agreement, but may not delegate 
its decision or policy-making responsibilities. 
‘‘(7) DETERMINATION
OF
FEES.—The Board 
shall determine the annual fees to be assessed carriers, 
leasing companies, brokers, and freight forwarders 
pursuant to the Unified Carrier Registration Agree-
ment. In determining the level of fees to be assessed 
in the next Agreement year, the Board shall con-
sider— 
‘‘(A) the administrative costs associated 
with the Unified Carrier Registration Plan and 
the Agreement; 
‘‘(B) whether the revenues generated in the 
previous year and any surplus or shortage from 
that or prior years enable the Participating
935 
HR 3550 EAS 
States to achieve the revenue levels set by the 
Board; and 
‘‘(C) the parameters for fees set forth in sub-
section (f)(1). 
‘‘(8) LIABILITY PROTECTIONS FOR DIRECTORS.— 
No individual appointed to serve on the Board shall 
be liable to any other director or to any other party 
for harm, either economic or non-economic, caused by 
an act or omission of the individual arising from the 
individual’s service on the Board if— 
‘‘(A) the individual was acting within the 
scope of his or her responsibilities as a director; 
and 
‘‘(B) the harm was not caused by willful or 
criminal misconduct, gross negligence, reckless 
misconduct, or a conscious, flagrant indifference 
to the right or safety of the party harmed by the 
individual. 
‘‘(9) INAPPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Unified 
Carrier Registration Plan or its committees. 
‘‘(10) CERTAIN FEES NOT AFFECTED.—This sec-
tion does not limit the amount of money a State may 
charge for vehicle registration or the amount of any
936 
HR 3550 EAS 
fuel use tax a State may impose pursuant to the 
International Fuel Tax Agreement. 
‘‘(e) STATE PARTICIPATION.— 
‘‘(1) STATE PLAN.—No State shall be eligible to 
participate in the Unified Carrier Registration Plan 
or to receive any revenues derived under the Agree-
ment, unless the State submits to the Secretary, not 
later than 3 years after the date of enactment of the 
Unified Carrier Registration Act of 2004, a plan— 
‘‘(A) identifying the State agency that has 
or will have the legal authority, resources, and 
qualified personnel necessary to administer the 
Unified Carrier Registration Agreement in ac-
cordance with the rules and regulations promul-
gated by the Board of Directors of the Unified 
Carrier Registration Plan; and 
‘‘(B) containing assurances that an amount 
at least equal to the revenue derived by the State 
from the Unified Carrier Registration Agreement 
shall be used for motor carrier safety programs, 
enforcement, and financial responsibility, or the 
administration of the UCR Plan and UCR 
Agreement. 
‘‘(2) AMENDED PLANS.—A State may change the 
agency designated in the plan submitted under this
937 
HR 3550 EAS 
subsection by filing an amended plan with the Sec-
retary and the Chairperson of the Unified Carrier 
Registration Plan. 
‘‘(3) WITHDRAWAL
OF
PLAN.—In the event a 
State withdraws, or notifies the Secretary that it is 
withdrawing, the plan submitted under this sub-
section, the State may no longer participate in the 
Unified Carrier Registration Agreement or receive 
any portion of the revenues derived under the Agree-
ment. 
‘‘(4) TERMINATION OF ELIGIBILITY.—If a State 
fails to submit a plan to the Secretary as required by 
paragraph (1) or withdraws its plan under para-
graph (3), the State shall be prohibited from subse-
quently submitting or resubmitting a plan or partici-
pating in the Agreement. 
‘‘(5) PROVISION OF PLAN TO CHAIRPERSON.— 
The Secretary shall provide a copy of each plan sub-
mitted under this subsection to the initial Chair-
person of the Board of Directors of the Unified Car-
rier Registration Plan not later than 90 days of ap-
pointing the Chairperson. 
‘‘(f) CONTENTS OF UNIFIED CARRIER REGISTRATION 
AGREEMENT.—The Unified Carrier Registration Agree-
ment shall provide the following:
938 
HR 3550 EAS 
‘‘(1) DETERMINATION OF FEES.— 
‘‘(A) Fees charged motor carriers, motor 
private carriers, or freight forwarders in connec-
tion with the filing of proof of financial respon-
sibility under the UCR Agreement shall be based 
on the number of commercial motor vehicles 
owned or operated by the motor carrier, motor 
private carrier, or freight forwarder. Brokers 
and leasing companies shall pay the same fees as 
the smallest bracket of motor carriers, motor pri-
vate carriers, and freight forwarders. 
‘‘(B) The fees shall be determined by the 
Board with the approval of the Secretary. 
‘‘(C) The Board shall develop no more than 
6 and no less than 4 ranges of carriers by size 
of fleet. 
‘‘(D) The fee scale shall be progressive and 
use different vehicle ratios for different ranges of 
carrier fleet size. 
‘‘(E) The Board may adjust the fees within 
a reasonable range on an annual basis if the rev-
enues derived from the fees— 
‘‘(i) are insufficient to provide the rev-
enues to which the States are entitled under 
this section; or
939 
HR 3550 EAS 
‘‘(ii) exceed those revenues. 
‘‘(2) DETERMINATION OF OWNERSHIP OR OPER-
ATION.—Commercial motor vehicles owned or oper-
ated by a motor carrier, motor private carrier, or 
freight forwarder shall mean those commercial motor 
vehicles registered in the name of the motor carrier, 
motor private carrier, or freight forwarder or con-
trolled by the motor carrier, motor private carrier, or 
freight forwarder under a long term lease during a 
vehicle registration year. 
‘‘(3) CALCULATION OF NUMBER OF COMMERCIAL 
MOTOR VEHICLES OWNED OR OPERATED.—The num-
ber of commercial motor vehicles owned or operated 
by a motor carrier, motor private carrier, or freight 
forwarder for purposes of subsection (e)(1) shall be 
based either on the number of commercial motor vehi-
cles the motor carrier, motor private carrier, or 
freight forwarder has indicated it operates on its most 
recently filed MCS–150 or the total number of such 
vehicles it owned or operated for the 12-month period 
ending on June 30 of the year immediately prior to 
the each registration year of the Unified Carrier Reg-
istration System. 
‘‘(4) PAYMENT OF FEES.—Motor carriers, motor 
private carriers, leasing companies, brokers, and
940 
HR 3550 EAS 
freight forwarders shall pay all fees required under 
this section to their Base-State pursuant to the UCR 
Agreement. 
‘‘(g) PAYMENT OF FEES.—Revenues derived under the 
UCR Agreement shall be allocated to Participating States 
as follows: 
‘‘(1) A State that participated in the Single 
State Registration System in the last calendar year 
ending before the date of enactment of the Unified 
Carrier Registration Act of 2004 and complies with 
the requirements of subsection (e) of this section is en-
titled to receive a portion of the UCR Agreement reve-
nues generated under the Agreement equivalent to the 
revenues it received under the SSRS in the last cal-
endar year ending before the date of enactment of the 
Unified Carrier Registration Act of 2004, as long as 
the State continues to comply with the provisions of 
subsection (e). 
‘‘(2) A State that collected intrastate registration 
fees from interstate motor carriers, interstate motor 
private carriers, or interstate exempt carriers and 
complies with the requirements of subsection (e) of 
this section is entitled to receive an additional por-
tion of the UCR Agreement revenues generated under 
the Agreement equivalent to the revenues it received
941 
HR 3550 EAS 
from such interstate carriers in the last calendar year 
ending before the date of enactment of the Unified 
Carrier Registration Act of 2004, as long as the State 
continues to comply with the provisions of subsection 
(e). 
‘‘(3) States that comply with the requirements of 
subsection (e) of this section but did not participate 
in SSRS during the last calendar year ending before 
the date of enactment of the Unified Carrier Registra-
tion Act of 2004 shall be entitled to an annual allot-
ment not to exceed $500,000 from the UCR Agreement 
revenues generated under the Agreement as long as the 
State continues to comply with the provisions of sub-
section (e). 
‘‘(4) The amount of UCR Agreement revenues to 
which a State is entitled under this section shall be 
calculated by the Board and approved by the Sec-
retary. 
‘‘(h) DISTRIBUTION
OF UCR AGREEMENT REVE-
NUES.— 
‘‘(1) ELIGIBILITY.—Each State that is in com-
pliance with the provisions of subsection (e) shall be 
entitled to a portion of the revenues derived from the 
UCR Agreement in accordance with subsection (g).
942 
HR 3550 EAS 
‘‘(2) ENTITLEMENT TO REVENUES.—A State that 
is in compliance with the provisions of subsection (e) 
may retain an amount of the gross revenues it collects 
from motor carriers, motor private carriers, brokers, 
freight forwarders and leasing companies under the 
UCR Agreement equivalent to the portion of revenues 
to which the State is entitled under subsection (g). All 
revenues a Participating State collects in excess of the 
amount to which the State is so entitled shall be for-
warded to the depository designated by the Board 
under subsection (d)(2)(D). 
‘‘(3) DISTRIBUTION
OF
FUNDS
FROM
DEPOSI-
TORY.—The excess funds collected in the depository 
shall be distributed as follows: 
‘‘(A) Excess funds shall be distributed on a 
pro rata basis to each Participating State that 
did not collect revenues under the UCR Agree-
ment equivalent to the amount such State is en-
titled under subsection (g), except that the sum 
of the gross UCR Agreement revenues collected by 
a Participating State and the amount distrib-
uted to it from the depository shall not exceed the 
amount to which the State is entitled under sub-
section (g).
943 
HR 3550 EAS 
‘‘(B) Any excess funds held by the deposi-
tory after all distributions under subparagraph 
(A) have been made shall be used to pay the ad-
ministrative costs of the UCR Plan and the UCR 
Agreement. 
‘‘(C) Any excess funds held by the deposi-
tory after distributions and payments under sub-
paragraphs (A) and (B) shall be retained in the 
depository, and the UCR Agreement fees for 
motor carriers, motor private carriers, leasing 
companies, freight forwarders, and brokers for 
the next fee year shall be reduced by the Board 
accordingly. 
‘‘(i) ENFORCEMENT.— 
‘‘(1) CIVIL ACTIONS.—Upon request by the Sec-
retary of Transportation, the Attorney General may 
bring a civil action in a court of competent jurisdic-
tion to enforce compliance with this section and with 
the terms of the Unified Carrier Registration Agree-
ment. 
‘‘(2) VENUE.—An action under this section may 
be brought only in the Federal court sitting in the 
State in which an order is required to enforce such 
compliance.
944 
HR 3550 EAS 
‘‘(3) RELIEF.—Subject to section 1341 of title 
28, the court, on a proper showing— 
‘‘(A) shall issue a temporary restraining 
order or a preliminary or permanent injunction; 
and 
‘‘(B) may issue an injunction requiring 
that the State or any person comply with this 
section. 
‘‘(4) ENFORCEMENT
BY
STATES.—Nothing in 
this section— 
‘‘(A) prohibits a Participating State from 
issuing citations and imposing reasonable fines 
and penalties pursuant to applicable State laws 
and regulations on any motor carrier, motor pri-
vate carrier, freight forwarder, broker, or leasing 
company for failure to— 
‘‘(i) submit documents as required 
under subsection (d)(2); or 
‘‘(ii) pay the fees required under sub-
section (f); or 
‘‘(B) authorizes a State to require a motor 
carrier, motor private carrier, or freight for-
warder to display as evidence of compliance any 
form of identification in excess of those permitted
945 
HR 3550 EAS 
under section 14506 of this title on or in a com-
mercial motor vehicle. 
‘‘(j) APPLICATION TO INTRASTATE CARRIERS.—Not-
withstanding any other provision of this section, a State 
may elect to apply the provisions of the UCR Agreement 
to motor carriers and motor private carriers subject to its 
jurisdiction that operate solely in intrastate commerce 
within the borders of the State.’’. 
SEC. 4266. IDENTIFICATION OF VEHICLES. 
Chapter 145 is amended by adding at the end the fol-
lowing: 
‘‘§ 14506. Identification of vehicles 
‘‘(a) RESTRICTION ON REQUIREMENTS.—No State, po-
litical subdivision of a State, interstate agency, or other po-
litical agency of 2 or more States may enact or enforce any 
law, rule, regulation standard, or other provision having 
the force and effect of law that requires a motor carrier, 
motor private carrier, freight forwarder, or leasing com-
pany to display any form of identification on or in a com-
mercial motor vehicle, other than forms of identification re-
quired by the Secretary of Transportation under section 
390.21 of title 49, Code of Federal Regulations. 
‘‘(b) EXCEPTION.—Notwithstanding paragraph (a), a 
State may continue to require display of credentials that 
are required—
946 
HR 3550 EAS 
‘‘(1) under the International Registration Plan 
under section 31704 of this title; 
‘‘(2) under the International Fuel Tax Agree-
ment under section 31705 of this title; 
‘‘(3) in connection with Federal requirements for 
hazardous materials transportation under section 
5103 of this title; or 
‘‘(4) in connection with the Federal vehicle in-
spection standards under section 31136 of this title.’’. 
SEC. 4267. USE OF UCR AGREEMENT REVENUES AS MATCH-
ING FUNDS. 
Section 31103(a) is amended by inserting ‘‘Amounts 
generated by the Unified Carrier Registration Agreement, 
under section 14504a of this title and received by a State 
and used for motor carrier safety purposes may be included 
as part of the State’s share not provided by the United 
States.’’ after ‘‘United States Government.’’. 
SEC. 4268. CLERICAL AMENDMENTS. 
(a) SECTION 13906 CAPTION.—The section caption for 
section 13906 is amended by inserting ‘‘motor private 
carriers,’’ after ‘‘motor carriers,’’. 
(b) TABLE OF CONTENTS.—The chapter analysis for 
chapter 139 is amended by striking the item relating to sec-
tion 13906 and inserting the following: 
‘‘13906. Security of motor carriers, motor private carriers, brokers, and freight 
forwarders.’’.
947 
HR 3550 EAS 
Subtitle C—Household Goods 
Movers 
SEC. 4301. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED 
STATES CODE. 
(a) SHORT TITLE.—This subtitle may be cited as the 
‘‘Household Goods Mover Oversight Enforcement and Re-
form Act of 2004’’. 
(b) AMENDMENT
OF TITLE 49, UNITED STATES 
CODE.—Except as otherwise specifically provided, whenever 
in this subtitle an amendment is expressed in terms of an 
amendment to a section or other provision of law, the ref-
erence shall be considered to be made to a section or other 
provision of title 49, United States Code. 
SEC. 4302. FINDINGS; SENSE OF CONGRESS. 
The Congress finds the following: 
(1) There are approximately 1,500,000 interstate 
household moves every year. While the vast majority 
of these interstate moves are completed successfully, 
consumer complaints have been increasing since the 
Interstate Commerce Commission was abolished in 
1996 and oversight of the household goods industry 
was transferred to the Department of Transportation. 
(2) While the overwhelming majority of house-
hold goods carriers are honest and operate within the 
law, there appears to be a growing criminal element
948 
HR 3550 EAS 
that is exploiting a perceived void in Federal and 
State enforcement efforts. The growing criminal ele-
ment tends to prey upon consumers. 
(3) The movement of an individual’s household 
goods is unique and differs from the movement of a 
commercial shipment. A consumer may utilize a mov-
ing company once or twice in the consumer’s lifetime 
and entrust virtually all of the consumer’s worldly 
goods to a mover. 
(4) Federal resources are inadequate to properly 
police or deter, on a nationwide basis, those movers 
who willfully violate Federal regulations governing 
the household goods industry and knowingly prey on 
consumers who are in a vulnerable position. It is ap-
propriate that a Federal-State partnership be created 
to enhance enforcement against fraudulent moving 
companies. 
SEC. 4303. DEFINITIONS. 
In this title, the terms ‘‘carrier’’, ‘‘household goods’’, 
‘‘motor carrier’’, ‘‘Secretary’’, and ‘‘transportation’’ have 
the meaning given such terms in section 13102 of title 49, 
United States Code. 
SEC. 4304. PAYMENT OF RATES. 
Section 13707(b) is amended by adding at the end the 
following:
949 
HR 3550 EAS 
‘‘(3) SHIPMENTS OF HOUSEHOLD GOODS.— 
‘‘(A) IN
GENERAL.—A carrier providing 
transportation for a shipment of household goods 
shall give up possession of the household goods 
transported at the destination upon payment 
of— 
‘‘(i) 100 percent of the charges con-
tained in a binding estimate provided by 
the carrier; 
‘‘(ii) not more than 110 percent of the 
charges contained in a nonbinding estimate 
provided by the carrier; or 
‘‘(iii) in the case of a partial delivery 
of the shipment, the prorated percentage of 
the charges calculated in accordance with 
subparagraph (B). 
‘‘(B) 
CALCULATION
OF
PRORATED 
CHARGES.—For 
purposes 
of 
subparagraph 
(A)(iii), the prorated percentage of the charges 
shall be the percentage of the total charges due to 
the carrier as described in clause (i) or (ii) of 
subparagraph (A) that is equal to the percentage 
of the weight of that portion of the shipment de-
livered to the total weight of the shipment.
950 
HR 3550 EAS 
‘‘(C) POST-CONTRACT SERVICES.—Subpara-
graph (A) does not apply to additional services 
requested by a shipper after the contract of serv-
ice is executed that were not included in the esti-
mate. 
‘‘(D) IMPRACTICABLE
OPERATIONS.—Sub-
paragraph (A) does apply to impracticable oper-
ations, as defined by the applicable carrier tariff, 
if the shipper agrees to pay the charges for such 
operations within 30 days after the goods are de-
livered.’’. 
SEC. 4305. HOUSEHOLD GOODS CARRIER OPERATIONS. 
Section 14104 is amended— 
(1) by striking paragraph (1) of subsection (b) 
and inserting the following: 
‘‘(1) REQUIREMENT FOR WRITTEN ESTIMATE.—A 
motor carrier providing transportation of household 
goods subject to jurisdiction under subchapter I of 
chapter 135 shall provide to a prospective shipper a 
written estimate of all charges related to the transpor-
tation of the household goods, including charges for— 
‘‘(A) packing; 
‘‘(B) unpacking; 
‘‘(C) loading; 
‘‘(D) unloading; and
951 
HR 3550 EAS 
‘‘(E) handling of the shipment from the 
point of origin to the final destination (whether 
that destination is storage or transit).’’; 
(2) by redesignating paragraph (2) of such sub-
section as paragraph (4); and 
(3) by inserting after paragraph (1), as amended 
by paragraph (1), the following: 
‘‘(2) OTHER INFORMATION.—At the time that a 
motor carrier provides the written estimate required 
by paragraph (1), the motor carrier shall provide the 
shipper a copy of the Department of Transportation 
publication FMCSA–ESA–03–005 (or its successor 
edition or publication) entitled ‘Ready to Move?’. Be-
fore the execution of a contract for service, a motor 
carrier shall provide the shipper a copy of the De-
partment of Transportation publication OCE 100, en-
titled ‘Your Rights and Responsibilities When You 
Move’ required by section 375.2 of title 49, Code of 
Federal Regulations (or any corresponding similar 
regulation). 
‘‘(3) BINDING
AND
NONBINDING
ESTIMATES.— 
The written estimate required by paragraph (1) may 
be either binding or nonbinding. The written estimate 
shall be based on a visual inspection of the household 
goods if the household goods are located within a 50-
952 
HR 3550 EAS 
mile radius of the location of the carrier’s household 
goods agent preparing the estimate. The Secretary 
may not prohibit any such carrier from charging a 
prospective shipper for providing a written, binding 
estimate for the transportation and related services.’’; 
(4) by redesignating subsection (c) as subsection 
(e); and 
(5) by inserting after subsection (b), as amended 
by paragraphs (1) and (2), the following: 
‘‘(c) NOTIFICATION OF FINAL CHARGES.—If the final 
charges for a shipment of household goods exceed 100 per-
cent of a binding estimate or 110 percent of a nonbinding 
estimate, the motor carrier shall provide the shipper an 
itemized statement of the charges. The statement shall be 
provided to the shipper within 24 hours prior to the deliv-
ery of the shipment unless the shipper waives this require-
ment or the shipper cannot be reached by fax, regular mail, 
or electronic mail. Such notification shall— 
‘‘(1) be delivered in writing at the motor car-
rier’s expense; and 
‘‘(2) 
disclose 
the 
requirements 
of 
section 
13707(b)(3) of this title regarding payment for deliv-
ery of a shipment of household goods. 
‘‘(d) REQUIREMENT FOR INVENTORY.—A motor car-
rier providing transportation of a shipment of household
953 
HR 3550 EAS 
goods, as defined in section 13102(10), that is subject to 
jurisdiction under subchapter I of chapter 135 of this title 
shall, before or at the time of loading the shipment, prepare 
a written inventory of all articles tendered and accepted 
by the motor carrier for transportation. Such inventory 
shall— 
‘‘(1) list or otherwise reasonably identify each 
item tendered for transportation; 
‘‘(2) be signed by the shipper and the motor car-
rier, or the agent of the shipper or carrier, at the time 
the shipment is loaded and at the time the shipment 
is unloaded at the final destination; 
‘‘(3) be attached to, and considered part of, the 
bill of lading; and 
‘‘(4) be subject to the same requirements of the 
Secretary for record inspection and preservation that 
apply to bills of lading.’’. 
SEC. 4306. LIABILITY OF CARRIERS UNDER RECEIPTS AND 
BILLS OF LADING. 
Section 14706(f) is amended— 
(1) by resetting the text as a paragraph indented 
2 ems from the left margin and inserting ‘‘(1) IN 
GENERAL.—’’ before ‘‘A carrier’’; and 
(2) by adding at the end, the following:
954 
HR 3550 EAS 
‘‘(2) FULL
VALUE
PROTECTION
OBLIGATION.— 
Unless the carrier receives a waiver in writing under 
paragraph (3), a carrier’s maximum liability for 
household goods that are lost, damaged, destroyed, or 
otherwise not delivered to the final destination is an 
amount equal to the replacement value of such goods, 
subject to a maximum amount equal to the declared 
value of the shipment, subject to rules issued by the 
Surface Transportation Board and applicable tariffs. 
‘‘(3) APPLICATION OF RATES.—The released rates 
established by the Board under paragraph (1) (com-
monly known as ‘released rates’) shall not apply to 
the transportation of household goods by a carrier un-
less the liability of the carrier for the full value of 
such household goods under paragraph (2) is waived 
in writing by the shipper.’’. 
SEC. 4307. DISPUTE SETTLEMENT FOR SHIPMENTS OF 
HOUSEHOLD GOODS. 
(a) IN GENERAL.—Section 14708(a) is amended— 
(1) by resetting the text as a paragraph indented 
2 ems from the left margin and inserting ‘‘(1) RE-
QUIREMENT TO OFFER.—’’ before ‘‘As a condition’’; 
and 
(2) by striking ‘‘shippers of household goods con-
cerning damage or loss to the household goods trans-
955 
HR 3550 EAS 
ported.’’ and inserting ‘‘shippers. The carrier may not 
require the shipper to agree to use arbitration as a 
means to settle such a dispute.’’; and 
(3) by inserting at the end, the following: 
‘‘(2) REQUIREMENTS FOR CARRIERS.—If a dis-
pute with a carrier providing transportation of 
household goods involves a claim that is— 
‘‘(A) not more than $10,000 and the shipper 
requests arbitration, such arbitration shall be 
binding on the parties; or 
‘‘(B) for more than $10,000 and the shipper 
requests arbitration, such arbitration shall be 
binding on the parties only if the carrier agrees 
to arbitration.’’. 
(b) ARBITRATION REQUIREMENTS.— 
(1) IN GENERAL.—Section 14708(b) is amend-
ed— 
(A) by striking paragraph (4) and inserting 
the following: 
‘‘(4) INDEPENDENCE OF ARBITRATOR.—The Sec-
retary shall establish a system for the certification of 
persons authorized to arbitrate or otherwise settle a 
dispute between a shipper of household goods and a 
carrier. The Secretary shall ensure that each person 
so certified is—
956 
HR 3550 EAS 
‘‘(A) independent of the parties to the dis-
pute; 
‘‘(B) capable, as determined under such reg-
ulations as the Secretary may issue, to resolve 
such disputes fairly and expeditiously; and 
‘‘(C) authorized and able to obtain from the 
shipper or carrier any material and relevant in-
formation to the extent necessary to carry out a 
fair and expeditious decisionmaking process.’’; 
(B) by striking paragraph (6); and 
(C) by redesignating paragraphs (7) and 
(8) as paragraphs (6) and (7), respectively. 
(2) 
CONFORMING
AMENDMENT.—Section 
14708(d)(3)(A) is amended by striking ‘‘(b)(8)’’ and 
inserting ‘‘(b)(7)’’. 
(c) 
ATTORNEY’S
FEES
TO
CARRIERS.—Section 
14708(e) is further amended by striking ‘‘only if’’ and all 
that follows through the period at the end and inserting 
‘‘if— 
‘‘(1) the court proceeding is to enforce a decision 
rendered in favor of the carrier through arbitration 
under this section and is instituted after the shipper 
has a reasonable opportunity to pay any charges re-
quired by such decision; or
957 
HR 3550 EAS 
‘‘(2) the shipper brought such action in bad 
faith— 
‘‘(A) after resolution of such dispute through 
arbitration under this section; or 
‘‘(B) after institution of an arbitration pro-
ceeding by the shipper to resolve such dispute 
under this section but before— 
‘‘(i) the period provided under sub-
section (b)(7) for resolution of such dispute 
(including, if applicable, an extension of 
such period under such subsection) ends; 
and 
‘‘(ii) a decision resolving such dispute 
is rendered.’’. 
(d) REVIEW AND REPORT ON DISPUTE SETTLEMENT 
PROGRAMS.— 
(1) REVIEW AND REPORT.—Not later than 18 
months after the date of enactment of this Act, the 
Secretary of Transportation shall complete a review 
of the outcomes and the effectiveness of the programs 
carried out under title 49, United States Code, to set-
tle disputes between motor carriers and shippers and 
submit a report on the review to the Senate Com-
mittee on Commerce, Science, and Transportation 
and the House of Representatives Committee on
958 
HR 3550 EAS 
Transportation and Infrastructure. The report shall 
describe— 
(A) the subject of, and amounts at issue is, 
the disputes; 
(B) patterns in disputes or settlements; 
(C) the prevailing party in disputes, if 
identifiable; and 
(D) any other matters the Secretary con-
siders appropriate. 
(2) REQUIREMENT FOR PUBLIC COMMENT.—The 
Secretary shall publish notice of the review required 
by paragraph (1) and provide an opportunity for the 
public to submit comments on the effectiveness of such 
programs. Notwithstanding any confidentiality or 
non-disclosure provision in a settlement agreement be-
tween a motor carrier and a shipper, it shall not be 
a violation of that provision for a motor carrier or 
shipper to submit a copy of the settlement agreement, 
or to provide information included in the agreement, 
to the Secretary for use in evaluating dispute settle-
ment programs under this subsection. Notwith-
standing anything to the contrary in section 552 of 
title 5, United States Code, the Secretary may not 
post on the Department of Transportation’s electronic 
docket system, or make available to any requester in
959 
HR 3550 EAS 
paper or electronic format, any information sub-
mitted to the Secretary by a motor carrier or shipper 
under the preceding sentence. The Secretary shall use 
the settlement agreements or other information sub-
mitted by a motor carrier or shipper solely to evalu-
ate the effectiveness of dispute settlement programs 
and shall not include in the report required by this 
subsection the names or, or other identifying informa-
tion concerning, motor carriers or shippers that sub-
mitted comments or information under this sub-
section. 
SEC. 4308. ENFORCEMENT OF REGULATIONS RELATED TO 
TRANSPORTATION OF HOUSEHOLD GOODS. 
(a) NONPREEMPTION
OF
INTRASTATE
TRANSPOR-
TATION OF HOUSEHOLD GOODS.—Section 14501(c)(2)(B) 
is amended by inserting ‘‘intrastate’’ before ‘‘transpor-
tation’’. 
(b) ENFORCEMENT OF FEDERAL LAW WITH RESPECT 
TO INTERSTATE HOUSEHOLD GOODS CARRIERS.— 
(1) IN GENERAL.—Chapter 147 is amended by 
adding at the end the following:
960 
HR 3550 EAS 
‘‘§ 14710. Enforcement of Federal laws and regula-
tions with respect to transportation of 
household goods 
‘‘(a) ENFORCEMENT
BY STATES.—Notwithstanding 
any other provision of this title, a State authority may en-
force the consumer protection provisions, as determined by 
the Secretary of Transportation, of this title that are related 
to the transportation of household goods in interstate com-
merce. Any fine or penalty imposed on a carrier in a pro-
ceeding under this subsection shall, notwithstanding any 
provision of law to the contrary, be paid to and retained 
by the State. 
‘‘(b) STATE AUTHORITY DEFINED.—The term ‘State 
authority’ means an agency of a State that has authority 
under the laws of the State to regulate the intrastate move-
ment of household goods. 
‘‘§ 14711. Enforcement by State attorneys general 
‘‘(a) IN GENERAL.—A State, as parens patriae, may 
bring a civil action on behalf of its residents in an appro-
priate district court of the United States to enforce the con-
sumer protection provisions, as determined by the Secretary 
of Transportation, of this title that are related to the trans-
portation of household goods in interstate commerce, or reg-
ulations or orders of the Secretary or the Board thereunder, 
or to impose the civil penalties authorized by this part or 
such regulation or order, whenever the attorney general of
961 
HR 3550 EAS 
the State has reason to believe that the interests of the resi-
dents of the State have been or are being threatened or ad-
versely affected by a carrier or broker providing transpor-
tation subject to jurisdiction under subchapter I or III of 
chapter 135 of this title, or a foreign motor carrier pro-
viding transportation registered under section 13902 of this 
title, that is engaged in household goods transportation that 
violates this part or a regulation or order of the Secretary 
or Board, as applicable, promulgated under this part. 
‘‘(b) NOTICE.—The State shall serve written notice to 
the Secretary or the Board, as the case may be, of any civil 
action under subsection (a) prior to initiating such civil 
action. The notice shall include a copy of the complaint to 
be filed to initiate such civil action, except that if it is not 
feasible for the State to provide such prior notice, the State 
shall provide such notice immediately upon instituting such 
civil action. 
‘‘(c) AUTHORITY TO INTERVENE.—Upon receiving the 
notice required by subsection (b), the Secretary or Board 
may intervene in such civil action and upon intervening— 
‘‘(1) be heard on all matters arising in such civil 
action; and 
‘‘(2) file petitions for appeal of a decision in 
such civil action.
962 
HR 3550 EAS 
‘‘(d) CONSTRUCTION.—For purposes of bringing any 
civil action under subsection (a), nothing in this section 
shall prevent the attorney general of a State from exercising 
the powers conferred on the attorney general by the laws 
of such State to conduct investigations or to administer 
oaths or affirmations or to compel the attendance of wit-
nesses or the production of documentary and other evidence. 
‘‘(e) VENUE; SERVICE OF PROCESS.—In a civil action 
brought under subsection (a)— 
‘‘(1) the venue shall be a judicial district in 
which— 
‘‘(A) the carrier, foreign motor carrier, or 
broker operates; 
‘‘(B) the carrier, foreign motor carrier, or 
broker was authorized to provide transportation 
at the time the complaint arose; or 
‘‘(C) where the defendant in the civil action 
is found; 
‘‘(2) process may be served without regard to the 
territorial limits of the district or of the State in 
which the civil action is instituted; and 
‘‘(3) a person who participated with a carrier or 
broker in an alleged violation that is being litigated 
in the civil action may be joined in the civil action 
without regard to the residence of the person.
963 
HR 3550 EAS 
‘‘(f) ENFORCEMENT OF STATE LAW.—Nothing con-
tained in this section shall prohibit an authorized State of-
ficial from proceeding in State court to enforce a criminal 
statute of such State.’’. 
(2) CONFORMING AMENDMENT.—The analysis for 
chapter 147 is amended by inserting after the item re-
lating to section 14709 the following: 
‘‘14710. Enforcement of Federal laws and regulations with respect to transpor-
tation of household goods. 
‘‘14711. Enforcement by State attorneys general.’’. 
SEC. 4309. WORKING GROUP FOR DEVELOPMENT OF PRAC-
TICES AND PROCEDURES TO ENHANCE FED-
ERAL-STATE RELATIONS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary shall establish 
a working group of State attorneys general, State authori-
ties that regulate the movement of household goods, and Fed-
eral and local law enforcement officials for the purpose of 
developing practices and procedures to enhance the Federal- 
State partnership in enforcement efforts, exchange of infor-
mation, and coordination of enforcement efforts with respect 
to interstate transportation of household goods and making 
legislative and regulatory recommendations to the Secretary 
concerning such enforcement efforts. 
(b) CONSULTATION.—In carrying out subsection (a), 
the working group shall consult with industries involved in
964 
HR 3550 EAS 
the transportation of household goods, the public, and other 
interested parties. 
SEC. 4310. CONSUMER HANDBOOK ON DOT WEBSITE. 
Within 6 months after the date of enactment of this 
Act, the Secretary shall take such action as may be nec-
essary to ensure that the Department of Transportation 
publication OCE 100, entitled ‘‘Your Rights and Respon-
sibilities When You Move’’ required by section 375.2 of title 
49, Code of Federal Regulations (or any corresponding 
similar regulation), is prominently displayed, and avail-
able in language that is readily understandable by the gen-
eral public, on the website of the Department of Transpor-
tation. 
SEC. 4311. INFORMATION ABOUT HOUSEHOLD GOODS 
TRANSPORTATION ON CARRIERS’ WEBSITES. 
Not later than 1 year after the date of enactment of 
this Act, the Secretary shall modify the regulations con-
tained in part 375 of title 49, Code of Federal Regulations, 
to require a motor carrier or broker that is subject to such 
regulations and that establishes and maintains a website 
to prominently display on the website— 
(1) the number assigned to the motor carrier or 
broker by the Department of Transportation; 
(2) the OCE 100 publication referred to in sec-
tion 4310; and
965 
HR 3550 EAS 
(3) in the case of a broker, a list of all motor 
carriers providing transportation of household goods 
used by the broker and a statement that the broker is 
not a motor carrier providing transportation of 
household goods. 
SEC. 4312. CONSUMER COMPLAINTS. 
(a) REQUIREMENT FOR DATABASE.—Subchapter II of 
chapter 141 is amended by adding at the end the following: 
‘‘§ 14124. Consumer complaints 
‘‘(a) ESTABLISHMENT OF SYSTEM AND DATABASE.— 
The Secretary of Transportation shall— 
‘‘(1) establish a system to— 
‘‘(A) file and log a complaint made by a 
shipper that relates to motor carrier transpor-
tation of household goods; and 
‘‘(B) to solicit information gathered by a 
State regarding the number and type of com-
plaints involving the interstate transportation of 
household goods; 
‘‘(2) establish a database of such complaints; and 
‘‘(3) develop a procedure— 
‘‘(A) to provide the public access to the 
database; 
‘‘(B) to forward a complaint, including the 
motor carrier bill of lading number related to the
966 
HR 3550 EAS 
complaint to a motor carrier named in such 
complaint and to an appropriate State authority 
(as defined in section 14710(c) in the State in 
which the complainant resides; and 
‘‘(C) to permit a motor carrier to challenge 
information in the database. 
‘‘(b) REQUIREMENT FOR ANNUAL REPORTS.—The Sec-
retary shall issue regulations requiring a motor carrier that 
provides transportation of household goods to submit to the 
Secretary, not later than March 31st of each year, an an-
nual report covering the 12-month period ending on the pre-
ceding March 31st that includes— 
‘‘(1) the number of interstate shipments of house-
hold goods that the motor carrier received from ship-
pers and that were delivered to a final destination 
during the preceding calendar year; 
‘‘(2) the number and general category of com-
plaints lodged against the motor carrier during the 
preceding calendar year; 
‘‘(3) the number of shipments described in para-
graph (1) that resulted in the filing of a claim 
against the motor carrier for loss or damage to the 
shipment for an amount in excess of $500 during the 
preceding calendar year; and
967 
HR 3550 EAS 
‘‘(4) the number of shipments described in para-
graph (3) that were— 
‘‘(A) resolved during the preceding calendar 
year; or 
‘‘(B) pending on the last day of the pre-
ceding calendar year. 
‘‘(c) SUMMARY TO CONGRESS.—The Secretary shall 
transmit a summary each year of the complaints filed and 
logged under subsection (a) for the preceding calendar year 
to the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on 
Transportation and Infrastructure.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 141 is amended by inserting after the item relating 
to section 14123 the following: 
‘‘14124. Consumer complaints.’’. 
SEC. 4313. REVIEW OF LIABILITY OF CARRIERS. 
(a) REVIEW.—Not later than 1 year after the date of 
enactment of this Act, the Surface Transportation Board 
shall complete a review of the current Federal regulations 
regarding the level of liability protection provided by motor 
carriers that provide transportation of household goods and 
revise such regulations, if necessary, to provide enhanced 
protection in the case of loss or damage. 
(b) DETERMINATIONS.—The review required by sub-
section (a) shall include a determination of—
968 
HR 3550 EAS 
(1) whether the current regulations provide ade-
quate protection; 
(2) the benefits of purchase by a shipper of in-
surance to supplement the carrier’s limitations on li-
ability; 
(3) whether there are abuses of the current regu-
lations that leave the shipper unprotected in the event 
of loss and damage to a shipment of household goods; 
and 
(4) whether the section 14706 of title 49, United 
States Code, should be modified or repealed. 
SEC. 4314. CIVIL PENALTIES RELATING TO HOUSEHOLD 
GOODS BROKERS. 
Section 14901(d) is amended— 
(1) by resetting the text as a paragraph indented 
2 ems from the left margin and inserting ‘‘(1) IN 
GENERAL.—’’ before ‘‘If a carrier’’; and 
(2) by adding at the end the following: 
‘‘(2) ESTIMATE OF BROKER WITHOUT CARRIER 
AGREEMENT.—If a broker for transportation of house-
hold goods subject to jurisdiction under subchapter I 
of chapter 135 of this title makes an estimate of the 
cost of transporting any such goods before entering 
into an agreement with a carrier to provide transpor-
tation of household goods subject to such jurisdiction,
969 
HR 3550 EAS 
the broker is liable to the United States for a civil 
penalty of not less than $10,000 for each violation. 
‘‘(3) UNAUTHORIZED
TRANSPORTATION.—If a 
person provides transportation of household goods 
subject to jurisdiction under subchapter I of chapter 
135 this title or provides broker services for such 
transportation without being registered under chapter 
139 of this title to provide such transportation or 
services as a motor carrier or broker, as the case may 
be, such person is liable to the United States for a 
civil penalty of not less than $25,000 for each viola-
tion.’’. 
SEC. 4315. CIVIL AND CRIMINAL PENALTY FOR FAILING TO 
GIVE 
UP 
POSSESSION 
OF 
HOUSEHOLD 
GOODS. 
(a) IN GENERAL.—Chapter 149 is amended by adding 
at the end the following: 
‘‘§ 14915. Penalties for failure to give up possession of 
household goods 
‘‘(a) CIVIL PENALTY.—Whoever is found to have failed 
to give up possession of household goods is liable to the 
United States for a civil penalty of not less than $10,000. 
Each day a carrier is found to have failed to give up posses-
sion of household goods may constitute a separate violation. 
If such person is a carrier or broker, the Secretary may