†
1016
HR 3 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.
SEC. 7106. AMENDMENTS TO THE LISTED REPORTS, STUD-
IES, AND RULEMAKING PROCEEDINGS.
In addition to completing the reports, studies, and
rulemaking proceedings listed in section 7105(a), the Sec-
retary of Transportation shall—
(1) cause the Interim Final Rule addressing New
Motor Carrier Entrant Requirements to be amended
so as to require that a safety audit be immediately
converted to a compliance review and appropriate en-
forcement actions be taken if the safety audit discloses
acute safety violations by the new entrant; and
(2) ensure that Federal motor carrier safety reg-
ulations that apply to interstate operations of com-
mercial motor vehicles designed to transport between
9 and 15 passengers (including the driver) apply to
†
1017
HR 3 EAS
all interstate operations of such carries regardless of
the distance traveled.
SEC. 7107. 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
†
1018
HR 3 EAS
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-
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
†
1019
HR 3 EAS
vehicle, or at ports where intermodal shipping
containers enter and leave the United States;
and
‘‘(B) detection of the unlawful presence of a
controlled substance (as defined under section
102 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 802)) in a
commercial motor vehicle or on the person of any
occupant (including the operator) of the vehicle.
‘‘(2) Documented enforcement of State traffic
laws and regulations designed to promote the safe 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-
†
1020
HR 3 EAS
ments without requiring a matching contribution
from such States or local governments.’’.
(3) Section 31104(a) is amended to read as fol-
lows:
‘‘(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 $193,620,000 for fiscal year
2006.
‘‘(2) Not more than $197,490,000 for fiscal year
2007.
‘‘(3) Not more than $201,440,000 for fiscal year
2008.
‘‘(4) Not more than $205,470,000 for fiscal year
2009.’’.
(4) Section 31104(f) is amended by striking
paragraph (2) and inserting the following:
‘‘(2) HIGH-PRIORITY ACTIVITIES.—The Secretary
may designate up to $15,000,000 for each of fiscal
years 2006 through 2009 from amounts available for
allocation under paragraph (1) for States, local gov-
ernments, and organizations representing government
agencies or officials for carrying out high priority ac-
tivities and projects that improve commercial motor
vehicle safety and compliance with commercial motor
†
1021
HR 3 EAS
vehicle safety regulations, including activities and
projects that are national in scope, increase public
awareness and education, or demonstrate new tech-
nologies, and will reduce the number and rate of acci-
dents involving commercial motor vehicles. The
amounts designated under this paragraph shall be al-
located by the Secretary to State agencies, local gov-
ernments, and organizations representing government
agencies or officials that use and train qualified offi-
cers and employees in coordination with State motor
vehicle safety agencies. The Secretary shall establish
safety performance criteria to be used to distribute
high priority program funds. At least 80 percent of
the amounts designated under this paragraph shall be
awarded to State agencies and local government agen-
cies.
‘‘(3) NEW
ENTRANT
AUDITS.—The Secretary
shall designate up to $29,000,000 of the amounts
available for allocation under paragraph (1) for au-
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.