776
operating, monitoring, and medical requirements are
deemed medically necessary under regulations issued by
the Secretary.
SEC. 4122. GRANT PROGRAM FOR COMMERCIAL MOTOR VE-
HICLE OPERATORS.
(a) ESTABLISHMENT.—The Secretary shall establish
a grant program for training operators of commercial
motor vehicles (as defined in section 31301 of title 49,
United States Code). The purpose of the program shall
be to train operators and future operators in the safe use
of such vehicle.
(b) FEDERAL SHARE.—The Federal share of the cost
for which a grant is made under this section shall be 80
percent.
(c) FUNDING.—From amounts made available under
section 31104(i) of title 49, United States Code, the Sec-
retary shall make available $1,000,000 for each of fiscal
years 2005, 2006, 2007, 2008, and 2009 to carry out this
section.
SEC. 4123. COMMERCIAL MOTOR VEHICLE SAFETY ADVI-
SORY COMMITTEE.
(a) ESTABLISHMENT.—The Secretary shall establish
a commercial motor vehicle safety advisory committee to
provide advice and recommendations to the Secretary on
commercial motor vehicle safety regulations and other
777
matters relating to activities and functions of the Federal
Motor Carrier Safety Administration.
(b) COMPOSITION.—The members of the advisory
committee shall be appointed by the Secretary and shall
include representatives of the motor carrier industry, driv-
ers, safety advocates, manufacturers, safety enforcement
officials, law enforcement agencies of border States, and
other individuals affected by rulemakings under consider-
ation by the Department of Transportation. Representa-
tives of a single interest group may not constitute a major-
ity of the members of the advisory committee.
(c) TERMINATION DATE.—The advisory committee
shall remain in effect until September 30, 2009.
SEC. 4124. SAFETY DATA IMPROVEMENT PROGRAM.
(a) IN GENERAL.—The Secretary shall make grants
to States for projects and activities to improve the accu-
racy, timeliness, and completeness of commercial motor
vehicle safety data reported to the Secretary.
(b) ELIGIBILITY.—A State shall be eligible for a
grant under this section in a fiscal year if the Secretary
determines that the State has—
(1) conducted a comprehensive audit of its com-
mercial motor vehicle safety data system within the
preceding 2 years;
778
(2) developed a plan that identifies and
prioritizes its commercial motor vehicle safety data
needs and goals; and
(3) identified performance-based measures to
determine progress toward those goals.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated from the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this section $3,000,000 for each of fiscal years 2006
through 2009.
(d) APPLICABILITY OF TITLE 23, UNITED STATES
CODE.—Funds authorized to be appropriated by this sec-
tion shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title
23, United States Code, except that the Federal share of
the cost of a project or activity carried out using such
funds shall be 80 percent and such funds shall remain
available until expended.
(e) BIENNIAL REPORT.—Not later 2 years after the
date of enactment of this Act, and biennially thereafter,
the Secretary shall transmit to Congress a report on the
activities and results of the program carried out under this
section, together with any recommendations the Secretary
determines appropriate.
779
SEC. 4125. COMMERCIAL DRIVER’S LICENSE INFORMATION
SYSTEM MODERNIZATION.
(a) GENERAL
AUTHORITY.—The Secretary may
make a grant to a State or organization representing
agencies and officials of a State in a fiscal year to mod-
ernize its commercial driver’s license information system
in accordance with subsection (c) if the State is in sub-
stantial compliance with the requirements of section
31311 of title 49, United States Code, and this section,
as determined by the Secretary. The Secretary shall estab-
lish criteria for the distribution of grants and notify each
State annually of such criteria.
(b) MODERNIZATION PLAN.—No later than 120 days
after the date of enactment of this Act, the Secretary shall
publish a comprehensive national plan to modernize the
commercial driver’s license information system. The plan
shall be developed in consultation with representatives of
the motor carrier industry, State safety enforcement agen-
cies, and State licensing agencies designated by the Sec-
retary.
(c) USE OF GRANT.—A State may use a grant under
this section only to implement improvements that are con-
sistent with the modernization plan developed by the Sec-
retary.
(d) PILOT PROGRAM.—
780
(1) IN GENERAL.—The Secretary may conduct
with grants under this section a 3-year pilot pro-
gram in no more than 3 States to evaluate a system
for sharing driver’s license information on all com-
mercial and noncommercial driver’s licenses issued
in each participating State.
(2) FUNDING.—The Secretary may use no more
than 50 percent of the funds available to carry out
this section for the pilot program in any fiscal year.
(3) REPORT.—Not later than 1 year after the
last day of the pilot program, the Secretary shall
transmit to Congress a report on the results of the
pilot program.
(e) GOVERNMENT SHARE.—A grant under this sec-
tion to a State or organization may not be for more than
80 percent of the costs incurred by the State or organiza-
tion in a fiscal year in implementing the modernization
program developed by the Secretary. In determining these
costs, the Secretary shall include in-kind contributions of
the State.
(f) FUNDING.—There are authorized to be appro-
priated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section—
(1) $7,000,000 for fiscal year 2006;
(2) $7,000,000 for fiscal year 2007;
781
(3) $8,000,000 for fiscal year 2008; and
(4) $8,000,000 for fiscal year 2009.
(g) CONTRACT AUTHORITY AND AVAILABILITY.—
(1) PERIOD OF AVAILABILITY.—The amounts
made available under subsection (f) shall remain
available until expended.
(2) INITIAL DATE OF AVAILABILITY.—Amounts
authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account)
by subsection (f) shall be available for obligation on
the date of their apportionment or allocation or on
October 1 of the fiscal year for which they are au-
thorized, whichever occurs first.
(3) CONTRACT AUTHORITY.—Approval by the
Secretary of a grant with funds made available
under subsection (f) imposes upon the United States
a contractual obligation for payment of the Govern-
ment’s share of costs incurred in carrying out the
objectives of the grant.
SEC. 4126. MAXIMUM HOURS OF SERVICE FOR OPERATORS
OF GROUND WATER WELL DRILLING RIGS.
Section 345(a)(2) of the National Highway System
Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat
613) is amended by adding at the end the following: ‘‘Ex-
cept as required in section 395.3 of title 49, Code of Fed-
782
eral Regulations, as in effect on the date of enactment
of this sentence, no additional off-duty time shall be re-
quired in order to operate such vehicle.’’.
SEC. 4127. SAFETY PERFORMANCE HISTORY SCREENING.
(a) IN GENERAL.—The Secretary shall provide per-
sons conducting preemployment screening services for the
motor carrier industry electronic access to the following
reports contained in the Motor Carrier Management Infor-
mation System:
(1) Commercial motor vehicle accident reports.
(2) Inspection reports that contain no driver-re-
lated safety violations.
(3) Serious driver-related safety violation in-
spection reports.
(b) CONDITIONS
ON PROVIDING ACCESS.—Before
providing a person access to the Motor Carrier Manage-
ment Information System under subsection (a), the Sec-
retary shall—
(1) ensure that any information that is released
to such person will be in accordance with the Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.) and
all other applicable Federal law;
(2) ensure that such person will not conduct a
screening without the operator-applicant’s written
consent;
783
(3) ensure that any information that is released
to such person will not be released to any person or
entity, other than the motor carrier requesting the
screening services or the operator-applicant, unless
expressly authorized or required by law; and
(4) provide a procedure for the operator-appli-
cant to correct inaccurate information in the System
in a timely manner.
(c) DESIGN.—The process for providing access to the
Motor Carrier Management Information System under
subsection (a) shall be designed to assist the motor carrier
industry in assessing an individual operator’s crash and
serious safety violation inspection history as a preemploy-
ment condition. Use of the process shall not be mandatory
and may only be used during the preemployment assess-
ment of an operator-applicant.
(d) SERIOUS OPERATOR-RELATED SAFETY VIOLA-
TION DEFINED.—In this section, the term ‘‘serious oper-
ator-related violation’’ means a violation by an operator
of a commercial motor vehicle (as defined in section 31102
of title 49, United States Code) that the Secretary deter-
mines will result in the operator being prohibited from
continuing to operate a commercial motor vehicle until the
violation is corrected.
784
SEC. 4128. INTERMODAL CHASSIS ROADABILITY RULE-MAK-
ING.
(a) IN GENERAL.—Not later than 1 year after the
date of enactment of this Act, the Secretary, after pro-
viding notice and opportunity for comment, shall issue
regulations establishing a program to ensure that inter-
modal equipment used to transport intermodal containers
are safe.
(b) MOTOR CARRIER SAFETY REGULATIONS.—The
regulations under this section shall be issued as part of
the Federal motor carrier safety regulations of the De-
partment of Transportation.
(c) CONTENTS.—The regulations issued under this
section shall include, at a minimum—
(1) a requirement to identify providers of inter-
modal equipment that is interchanged or intended
for interchange to motor carriers in intermodal
transportation;
(2) a requirement to match such intermodal
equipment readily to the intermodal equipment pro-
vider through a unique identifying number;
(3) a requirement to ensure that each inter-
modal equipment provider maintains a system of
maintenance and repair records for such equipment;
785
(4) a requirement to evaluate the compliance of
intermodal equipment providers with the applicable
Federal motor carrier safety regulations;
(5) a provision that—
(A) establishes a civil penalty structure
consistent with section 521(b) of title 49,
United States Code, for intermodal equipment
providers that fail to attain satisfactory compli-
ance with applicable Federal motor carrier safe-
ty regulations; and
(B) prohibits intermodal equipment pro-
viders from placing intermodal equipment on
the public highways if such providers are found
to pose an imminent hazard;
(6) a process by which motor carriers and
agents of motor carriers may petition the Federal
Motor Carrier Safety Administration to undertake
an investigation of a noncompliant intermodal equip-
ment provider; and
(7) an inspection and audit program of inter-
modal equipment providers.
(d) DEADLINE FOR RULEMAKING PROCEEDING.—
The regulations under this section shall be issued pursu-
ant to a rulemaking proceeding initiated not later than
90 days after the date of enactment of this Act.
786
(e) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) 
INTERMODAL
EQUIPMENT.—The 
term
‘‘intermodal equipment’’ means equipment that is
commonly used in the intermodal transportation of
freight over public highways in interstate commerce
(as defined in section 31132 of title 49, United
States Code), including trailers, chassis, and any as-
sociated devices.
(2) INTERMODAL EQUIPMENT PROVIDER.—The
term ‘‘intermodal equipment provider’’ means any
person with any legal right, title, or interest in inter-
modal equipment that interchanges such equipment
to a motor carrier.
(3) INTERCHANGE.—The term ‘‘interchange’’
means the act of providing intermodal equipment to
a motor carrier for the purpose of transporting the
equipment for loading or unloading by any person or
repositioning the equipment for the benefit of the
equipment provider. Such term does not include the
leasing of equipment to a motor carrier for use in
the motor carrier’s over-the-road freight hauling op-
erations.
(f) INSPECTION, REPAIR, AND MAINTENANCE
OF
INTERMODAL EQUIPMENT.—Section 31136 of title 49,
787
United States Code, is amended by adding at the end the
following:
‘‘(g) INSPECTION, REPAIR, AND MAINTENANCE OF
INTERMODAL EQUIPMENT.—The Secretary, or an em-
ployee of the Department of Transportation designated by
the Secretary, may inspect intermodal equipment, and
copy related maintenance and repair records for such
equipment, on demand and display of proper credentials
to inspect intermodal equipment.’’.
(g) JURISDICTION OVER EQUIPMENT PROVIDERS.—
Section 31132(1) of such title is amended by inserting
after ‘‘towed vehicle’’ the following: ‘‘(including intermodal
equipment, including trailers, chassis and associated de-
vices, commonly used for the transportation of intermodal
freight via highway)’’.
SEC. 4129. SUBSTANCE ABUSE PROFESSIONALS.
The Secretary shall conduct a rulemaking to permit
State licensed or certified Mental Health counselors, State
licensed or certified marriage and family therapists, or ad-
diction specialists certified by the American Academy of
Health Care Providers in the Addictive Disorders to act
as substance abuse professionals under subpart O of part
40 of title 49, Code of Federal Regulations.