531
HR 3 IH1S 
(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,
532
HR 3 IH1S 
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 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. 
SEC. 4130. INTERSTATE VAN OPERATIONS. 
The Federal motor carrier safety regulations (other 
than regulations relating to commercial drivers license and
533
HR 3 IH1S 
drug and alcohol testing requirements) shall apply to all 
interstate operations of commercial motor vehicles used to 
transport between 9 and 15 passengers (including the 
driver), regardless of the distance traveled. 
SEC. 4131. HOURS OF SERVICE FOR OPERATORS OF UTIL-
ITY SERVICE VEHICLES. 
Section 345 of the National Highway System Des-
ignation Act of 1995 (49 U.S.C. 31136 note; 109 sTAT. 
613) is amended—
(1) in subsection (a) by striking paragraph (4) 
and inserting the following: 
‘(4) OPERATORS
OF
UTILITY
SERVICE
VEHI-
CLES.—
‘(A) INAPPLICABILITY OF FEDERAL REGU-
LATIONS.—Such regulations shall 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, shall not enact or 
enforce any law, rule, regulation, or standard 
that imposes requirements on a driver of a util-
ity service vehicle that are similar to the re-
quirements contained in such regulations.’.
534
HR 3 IH1S 
(2) in subsection (b) by striking ‘Nothing’ and 
inserting ‘Except as provided in subsection (a)(4), 
nothing’; and 
(3) in the first sentence of subsection (c) by 
striking ‘paragraph (2)’ and inserting ‘an exemption 
under paragraph (2) or (4)’. 
SEC. 4132. TECHNICAL CORRECTIONS. 
(a) 
INTERMODAL
TRANSPORTATION
ADVISORY 
BOARD.—Section 5502(b) of title 49, United States Code, 
is amended—
(1) by striking ‘and’ at the end of paragraph 
(4); 
(2) by striking the period at the end of para-
graph (5) and inserting ‘; and’; and 
(3) by adding at the end the following: 
‘(6) the Federal Motor Carrier Safety Adminis-
tration.’. 
(b) REFERENCE TO AGENCY.—Section 31502(e) of 
such title is amended—
(1) in paragraph (2) by striking ‘Regional Di-
rector of the Federal Highway Administration’ and 
inserting ‘Field Administrator of the Federal Motor 
Carrier Safety Administration’; and 
(2) in paragraph (3) by striking ‘Regional Di-
rector’ and inserting ‘Field Administrator’.
535
HR 3 IH1S 
SEC. 4133. SPECIAL RULE FOR FISCAL YEAR 2004. 
In any case in which an amount is authorized to be 
appropriated, made available, allocated, set aside, taken 
down, or subject to an obligation limitation for fiscal year 
2004 for a program, project, or activity in any provision 
of this title, including an amendment made by this title, 
that is different than the amount authorized to be appro-
priated, made available, allocated, set aside, taken down, 
or subject to an obligation limitation for fiscal year 2004 
for such program, project, or activity in any provision of 
the Surface Transportation Extension Act of 2004, Part 
IV (Public Law 108–280), including any amendment 
made by such Act, the amount referred to in such Act 
shall be the amount authorized to be appropriated, made 
available, allocated, set aside, taken down, or subject to 
an obligation limitation. 
Subtitle B—Household Goods 
Transportation 
SEC. 4201. FEDERAL-STATE RELATIONS RELATING TO 
TRANSPORTATION OF HOUSEHOLD GOODS. 
(a) NONPREEMPTION
OF INTRASTATE TRANSPOR-
TATION
OF
HOUSEHOLD
GOODS.—Section 
14501(c)(2)(B) of title 49, United States Code, is amend-
ed by inserting ‘intrastate’ before ‘transportation’. 
(b) ENFORCEMENT
OF
CONSUMER
PROTECTION 
WITH RESPECT
TO INTERSTATE HOUSEHOLD GOODS
536
HR 3 IH1S 
CARRIERS.—Chapter 145 of such title is amended by add-
ing at the end the following: 
‘§ 14506. Enforcement of Federal regulations by State 
attorneys General 
‘(a) IN GENERAL.—A State, as parens patriae, may 
bring a civil action on behalf of a resident of the State 
in an appropriate district court of the United States to 
enforce a regulation or order of the Secretary or Board—
‘(1) to protect an individual shipper of house-
hold goods if such regulation or order governs the 
delivery of the shipper’s household goods; or 
‘(2) to impose a civil penalty under section 
14915 whenever the attorney general of the State 
has reason to believe that the interests of the resi-
dents of the State have been or are being threatened 
or adversely affected by—
‘(A) a carrier or broker providing transpor-
tation of household goods subject to jurisdiction 
under subchapter I or III of chapter 135 who 
is committing repeat violations of section 
14915; or 
‘(B) a foreign motor carrier providing 
transportation of household goods who is reg-
istered under section 13902 and who is commit-
ting repeat violations of section 14915.