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issued by the Secretary pursuant 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 migrant 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 truth-
fully answer that question in 30 days from 
the date the Secretary requires the ques-
tion to be answered, or does not make, pre-
pare, or preserve that record in the form 
and manner prescribed by the Secretary, 
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 of-
fense, except that the total of all civil pen-
alties assessed against any violator for all 
offenses related to any single violation 
shall not exceed $10,000; or 
‘‘(ii) who knowingly falsifies, destroys, 
mutilates, or changes a required report or 
record, knowingly files a false report with 
the Secretary, knowingly makes or causes
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or permits to be made a false or incom-
plete entry in that record about an oper-
ation or business fact or transaction, or 
knowingly makes, prepares, or preserves 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 con-
stitutes a violation other than a reporting 
or recordkeeping violation.’’. 
(b) Section 31310(i)(2) of title 49, United States 
Code, is amended to read as follows: 
‘‘(2) The Secretary shall prescribe regulations 
establishing sanctions and penalties related to viola-
tions of out-of-service orders by individuals oper-
ating commercial motor vehicles. The regulations 
shall require at least that—
‘‘(A) an operator of a commercial motor 
vehicle 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;
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‘‘(B) an operator of a commercial motor 
vehicle found to have committed a second viola-
tion of an out-of-service order shall be disquali-
fied 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 one year or a fine under title 
18, United States Code, or both.’’. 
SEC. 4010. ELIMINATION OF COMMODITY AND SERVICE EX-
EMPTIONS. 
(a) Section 13506(a) of title 49, United States Code, 
is amended—
(1) by deleting paragraphs (2), (6), (11), (12), 
(13), and (15); and
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(2) by redesignating paragraphs (3), (4), (5), 
(7), (8), (9), (10), and (14) as paragraphs (2), (3), 
(4), (5), (6), (7), (8), and (9), respectively. 
(b) The first sentence of section 13507 of title 49, 
United States Code, is amended to read as follows: ‘‘A 
motor carrier of property providing transportation exempt 
from jurisdiction under paragraph (6) of section 13506(a) 
may transport property under such paragraph in the same 
vehicle and at the same time as property which the carrier 
is authorized to transport under a registration issued 
under section 13902(a).’’. 
SEC. 4011. INTRASTATE OPERATIONS OF INTERSTATE 
MOTOR CARRIERS. 
(a) Subsection (a) of section 31144 of title 49, United 
States Code, 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 de-
terminations;
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‘‘(3) make such final safety fitness determina-
tions readily available to the public; and 
‘‘(4) prescribe by regulation penalties for viola-
tions of this section consistent with section 521.’’. 
(b) Subsection (c) of section 31144 of title 49, United 
States Code, is amended by adding new paragraph (5) at 
the end, to read as follows: 
‘‘(5) 
TRANSPORTATION
AFFECTING
INTER-
STATE COMMERCE.—Owners or operators of com-
mercial 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 Secretary determines that such 
owner or operator is fit.’’. 
(c) Subsections (d) and (e) of section 31144 of title 
49, United States Code, are redesignated as subsections 
(e) and (f), respectively, and new subsection (d) is added 
after subsection (c), to read as follows: 
‘‘(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 de-
termines, 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-
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cipal place of business in that State and operates in intra-
state commerce is unfit under such standards and pro-
hibits the owner or operator from operating such vehicles 
in the State, the Secretary shall prohibit the owner or op-
erator from operating such vehicles in interstate commerce 
until the State determines that the owner or operator is 
fit.’’. 
SEC. 4012. AUTHORITY TO STOP COMMERCIAL MOTOR VE-
HICLES.
(a) Chapter 2 of title 18, United States Code, is 
amended by adding at the end new section 38, to read 
as follows: 
‘‘§ 38. Commercial motor vehicles required to stop for 
inspections 
‘‘(a) A driver of a commercial motor vehicle, as de-
fined in 49 U.S.C. 31132(1), shall stop and submit to in-
spection of the vehicle, driver, cargo, and required records 
when directed to do so by a uniformed special agent of 
the Federal Motor Carrier Safety Administration, Depart-
ment of Transportation, at or in the vicinity of an inspec-
tion site. The driver shall not leave the inspection site until 
authorized to do so by an agent. 
‘‘(b) A driver of a commercial motor vehicle, as de-
fined in subsection (a), who knowingly fails to stop for 
inspection when directed to do so by a uniformed special
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agent 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 imprisoned not more than one year, or both.’’. 
(b) Chapter 203 of title 18, United States Code, is 
amended by adding at the end new section 3064, to read 
as follows: 
‘‘§ 3064. Powers of Federal Motor Carrier Safety Ad-
ministration 
‘‘Uniformed special agents of the Federal Motor Car-
rier Safety Administration may direct a driver of a com-
mercial motor vehicle, as defined in 49 U.S.C. 31132(1), 
to stop for inspection of the vehicle, driver, cargo, and re-
quired records at or in the vicinity of an inspection site.’’. 
(c) CONFORMING AMENDMENTS.—
(1) The table of sections at the beginning of 
chapter 2 of title 18, United States Code, is amend-
ed by inserting after the item relating to section 37 
the following:
‘‘38. Commercial motor vehicles required to stop for inspections.’’.
(2) The table of sections at the beginning of 
chapter 203 of title 18, United States Code, is 
amended by inserting after the item relating to sec-
tion 3063 the following:
‘‘3064. Powers of the Federal Motor Carrier Safety Administration.’’.
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SEC. 4013. PATTERN OF SAFETY VIOLATIONS BY MOTOR 
CARRIER MANAGEMENT. 
(a) Section 31135 of title 49, United States Code, 
is amended by designating the existing text as subsection 
‘‘(a) IN GENERAL.—’’ and adding new subsections (b), 
(c), (d), and (e), to read as follows: 
‘‘(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-compliance, with regulations on commercial motor ve-
hicle safety prescribed under this subchapter, the Sec-
retary may suspend, amend, or revoke any part of the 
motor carrier’s registration 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 offi-
cers 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 Secretary may deny the person’s application 
for registration as a motor carrier under section 
13902(a)(3).
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‘‘(d) REGULATIONS.—The Secretary shall by regula-
tion establish standards to implement subsections (b) and 
(c). 
‘‘(e) DEFINITIONS.—In this section—
‘‘(1) ‘motor carrier’ has the same meaning as in 
section 13102(12) of this title; and 
‘‘(2) ‘officer’ means an owner, chief executive 
officer, chief operating officer, chief financial officer, 
safety director, vehicle maintenance supervisor and 
driver supervisor of a motor carrier, regardless of 
the title attached to those functions.’’. 
(b) Section 13902(a)(1)(B) of title 49, United States 
Code, is amended to read as follows: 
‘‘(B) any safety regulations imposed by the 
Secretary; the duties of employers and employ-
ees established by the Secretary under section 
31135; and the safety fitness requirements es-
tablished by the Secretary under section 31144; 
and’’. 
SEC. 4014. MOTOR CARRIER RESEARCH AND TECHNOLOGY 
PROGRAM. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by repealing section 31108 and inserting the fol-
lowing new section, to read as follows:
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‘‘§ 31108. Motor carrier research and technology pro-
gram 
‘‘(a) RESEARCH, TECHNOLOGY AND TECHNOLOGY 
TRANSFER ACTIVITIES.—
‘‘(1) The Secretary of Transportation shall es-
tablish and carry out a motor carrier research and 
technology program. The Secretary may carry out 
research, development, technology, and technology 
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 
severity of accidents, injuries and fatalities in-
volving commercial motor vehicles. 
‘‘(2) The Secretary may test, develop, or assist 
in testing and developing any material, invention, 
patented 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.
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‘‘(4) The Secretary may carry out this sec-
tion—
‘‘(A) independently; 
‘‘(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 pro-
grams under this section. 
‘‘(b) COLLABORATIVE RESEARCH
AND DEVELOP-
MENT.—
‘‘(1) To advance innovative solutions to prob-
lems involving commercial motor vehicle and motor 
carrier safety, security, and efficiency, and to stimu-
late the deployment of emerging technology, the Sec-
retary may carry out, on a cost-shared basis, col-
laborative research and development with—
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‘‘(A) non-Federal entities, including State 
and local governments, foreign governments, 
colleges and universities, corporations, institu-
tions, 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 de-
velopment 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 activi-
ties carried out under a cooperative research and de-
velopment agreement entered into under this sub-
section shall not exceed 50 percent, except that if 
there is substantial 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 ac-
tivities described in subparagraph (A). 
‘‘(4) The research, development, or use of a 
technology under a cooperative research and develop-
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ment agreement entered into under this subsection, 
including the terms under which the technology may 
be licensed and the resulting royalties may be dis-
tributed, shall be subject to the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3701 
et seq.). 
‘‘(5) Section 3705 of title 41, United States 
Code, shall not apply to a contract or agreement en-
tered into under this section. 
‘‘(c) AVAILABILITY
OF AMOUNTS.—The amounts 
made available under section 4001(b) of the Safe, Ac-
countable, Flexible, and Efficient Transportation Equity 
Act of 2003 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 
4001(b) of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2003 to carry out this sec-
tion imposes upon the United States Government a con-
tractual obligation for payment of the Government’s share 
of costs incurred in carrying out the objectives of the 
grant.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 311 of title 49, United
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States Code, is amended by revising the item relating to 
section 31108 to read as follows:
‘‘31108. Motor carrier research and technology program.’’.
SEC. 4015. INTERNATIONAL COOPERATION. 
(a) Chapter 311 of title 49, United States Code, is 
amended by inserting 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, driver, and highway safety by such means as ex-
changing information, conducting research; and examining 
needs, best practices, and new technology.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 311 of title 49, United States 
Code, is amended by adding at the end the following:
‘‘SUBCHAPTER IV—MISCELLANEOUS 
‘‘31161. International cooperation.’’.
SEC. 4016. PERFORMANCE AND REGISTRATION INFORMA-
TION SYSTEM MANAGEMENT (PRISM). 
(a) Paragraphs (2) and (3) of section 31106(b) of 
title 49, United States Code, are amended to read as fol-
lows: 
‘‘(2) The program shall link Federal motor car-
rier safety information systems with State commer-
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cial 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 
registering 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. 
‘‘(3) The Secretary shall require States, as a 
condition of participation in the program, to - 
‘‘(A) comply with the uniform policies, pro-
cedures, and technical and operational stand-
ards prescribed by the Secretary under sub-
section (a)(4); and 
‘‘(B) possess or seek the authority to deny, 
suspend, or revoke commercial motor vehicle 
registrations based on the issuance of an oper-
ations out-of-service order by the Secretary.’’. 
(b) DELETION.—Paragraph (4) of section 31106(b) 
of title 49, United States Code, is deleted. 
(c) PERFORMANCE
AND REGISTRATION INFORMA-
TION SYSTEM MANAGEMENT GRANTS.—
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(1) Chapter 311 of title 49, United States 
Code, as amended by this Act, is further amended 
by adding a new section after section 31108, to read 
as follows: 
‘‘§ 31109. Performance and Registration Information 
System Management (PRISM)
‘‘(a) IN GENERAL.—From the funds authorized by 
section 4001(c)(3) of the Safe, Accountable, Flexible, and 
Efficient Transportation Equity Act of 2003, the Sec-
retary may make a grant in a fiscal year to a State to 
implement the Performance and Registration Information 
System Management requirements of 49 U.S.C. 31106(b). 
‘‘(b) AVAILABILITY OF AMOUNTS.—Amounts made 
available to a State under section 4001(c)(3) of the Safe, 
Accountable, Flexible, and Efficient Transportation Eq-
uity Act of 2003 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 4001(c)(3) of 
the Safe, Accountable, Flexible, and Efficient Transpor-
tation Equity Act of 2003 to carry out this section is a 
contractual obligation of the Government for payment of 
the amount of the grant.’’. 
(2) CONFORMING AMENDMENT.—The table of 
sections at the beginning of chapter 311 of title 49,
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United States Code, is amended after the item relat-
ing to section 31108 by adding the following:
‘‘31109. Performance and Registration Information System Management 
(PRISM).’’.
SEC. 4017. INFORMATION SYSTEMS AND DATA ANALYSIS. 
The Secretary of Transportation shall carry out a 
program to improve the collection and analysis of safety 
data on, including crash causation involving, commercial 
motor vehicles. 
SEC. 4018. OUTREACH AND EDUCATION. 
(a) IN GENERAL.—The Secretary shall conduct an 
outreach and education program to be administered by the 
Federal Motor Carrier Safety Administration. The pro-
gram shall include expanded implementation of the ‘‘Share 
the Road Safely’’ and ‘‘Safety is Good Business’’ pro-
grams. The Federal Motor Carrier Safety Administration 
shall establish programs to directly educate the industry 
and public about the requirements of new and existing 
regulatory requirements. The Secretary, through the Fed-
eral Motor Carrier Safety Administration, may undertake 
other outreach and education initiatives that may reduce 
the number of accidents, injuries, and fatalities involving 
commercial motor vehicles. 
(b) LIKELY RISK FACTORS.—The Secretary, through 
the Federal Motor Carrier Safety Administration, shall 
conduct an outreach program to identify the practices of
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commercial motor vehicle drivers that are most likely to 
increase and decrease the risk of accidents. 
TITLE V—TRANSPORTATION 
RESEARCH AND EDUCATION 
Subtitle A—Funding 
SEC. 5101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Trust Fund 
(other than the Mass Transit Account): 
(1) SURFACE TRANSPORTATION RESEARCH, DE-
VELOPMENT
AND
DEPLOYMENT
PROGRAM.—To 
carry out sections 502, 503, 506, and 507 of title 
23, United States Code, and section 5206 of this 
Act relating to research, development, technology 
transfer, technology deployment, and application ac-
tivities, $199,000,000 for each of fiscal years 2004 
through 2009. 
(2) TRAINING AND EDUCATION.—For carrying 
out section 504 of title 23, United States Code, 
$26,000,000 for each of fiscal years 2004 through 
2009. 
(3) BUREAU
OF
TRANSPORTATION
STATIS-
TICS.—For the Bureau of Transportation Statistics 
to carry out section 111 of title 49, United States 
Code, the following:
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(A) $31,568,000 for fiscal year 2004. 
(B) $32,199,000 for fiscal year 2005. 
(C) $32,869,000 for fiscal year 2006. 
(D) $33,609,000 for fiscal year 2007. 
(E) $34,439,000 for fiscal year 2008. 
(F) $35,276,000 for fiscal year 2009. 
(4) 
UNIVERSITY
TRANSPORTATION
RE-
SEARCH.—For carrying out section 5505 of title 49, 
United States Code, $26,500,000 for each of fiscal 
years 2004 through 2009. 
(5) INTELLIGENT
TRANSPORTATION
SYSTEMS 
RESEARCH.—For carrying out the Intelligent Trans-
portation Systems Act of 2003 under subtitle E of 
this title, $121,000,000 for each of fiscal years 2004 
through 2009. 
(b) COLLABORATIVE
RESEARCH
AND
DEVELOP-
MENT.—Section 502 of title 23, United States Code, is 
amended—
(1) by striking subsection (b)(3); and 
(2) by redesignating subsections (b)(4) and 
(b)(5) as (b)(3) and (b)(4), respectively. 
(c) APPLICABILITY OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated by sub-
section (a) shall be available for obligation in the same 
manner as if such funds were apportioned under chapter
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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 100 percent unless otherwise deter-
mined by the Secretary or specified otherwise in this Act, 
and such funds shall remain available until expended. 
Subtitle B—Research , Technology, 
and Education 
SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION. 
(a) RESEARCH, TECHNOLOGY, AND EDUCATION.—
Title 23, United States Code, is amended—
(1) in the table of chapters by striking:
‘‘5. Research and Technology ...................................................................
501’’;
and substituting:
‘‘5. Research, Technology, and Education ................................................
501’’; 
and
(2) by striking the heading—
‘‘CHAPTER 5—RESEARCH AND TECHNOLOGY’’
and inserting 
‘‘CHAPTER 5—RESEARCH, TECHNOLOGY, AND 
EDUCATION’’. 
(b) STATEMENT
OF PRINCIPLES GOVERNING RE-
SEARCH AND TECHNOLOGY INVESTMENTS.—Section 502 
of title 23, United States Code, is amended: 
(1) by redesignating subsections (a) through (g) 
as subsections (b) through (h), respectively; and