664
penditure in the State for the fiscal year in which they are 
allocated and for the next fiscal year. Amounts not expended 
by a State during those 2 fiscal years are available to the 
Secretary for reallocation under this section.’’. 
(b) CONFORMING AMENDMENTS.—
(1) ITEM
RELATING
TO
SUBCHAPTER
I.—The 
analysis for such chapter is amended by striking the 
item relating to subchapter I and inserting the fol-
lowing:
‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’.
(2) ITEM
RELATING
TO
SECTION
31107.—The 
analysis for such chapter is amended by striking the 
item relating to section 31107 and inserting the fol-
lowing:
‘‘31107. Border enforcement grants.’’.
SEC. 4104. COMMERCIAL DRIVER’S LICENSE IMPROVE-
MENTS. 
(a) STATE GRANTS.—Chapter 313 of title 49, United 
States Code, is amended by inserting after section 31312 
the following: 
‘‘§ 31313. Grants for commercial driver’s license pro-
gram improvements 
‘‘(a) GRANTS FOR COMMERCIAL DRIVER’S LICENSE 
PROGRAM IMPROVEMENTS.—
665
‘‘(1) GENERAL
AUTHORITY.—The Secretary of 
Transportation may make a grant to a State in a fis-
cal year—
‘‘(A) to comply with the requirements of sec-
tion 31311; and 
‘‘(B) in the case of a State that is in sub-
stantial compliance with the requirements of sec-
tion 31311 and this section, to improve its im-
plementation of its commercial driver’s license 
program. 
‘‘(2) PURPOSES
FOR
WHICH
GRANTS
MAY
BE 
USED.—A State may use grants under paragraphs 
(1)(A) and (1)(B) only for expenses directly related to 
its compliance with section 31311; except that a grant 
under paragraph (1)(B) may be used for improving 
implementation of the State’s commercial driver’s li-
cense program, including expenses for computer hard-
ware and software, publications, testing, personnel, 
training, and quality control. The grant may not be 
used to rent, lease, or buy land or buildings. 
‘‘(3) APPLICATION.—In order to receive a grant 
under this section, a State must submit an applica-
tion for such grant that is in such form, and contains 
such information, as the Secretary may require. The
666
application shall include the State’s assessment of its 
commercial drivers license program. 
‘‘(4) MAINTENANCE
OF
EXPENDITURES.—The 
Secretary may make a grant to a State under this 
subsection only if the State agrees that the total ex-
penditure of amounts of the State and political sub-
divisions of the State, exclusive of amounts from the 
United States, for the State’s commercial driver’s li-
cense 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 of the State ending before the date 
of enactment of the Transportation Equity Act: A 
Legacy for Users. 
‘‘(5) GOVERNMENT SHARE.—The Secretary shall 
reimburse a State under a grant made under this 
subsection an amount that is not more than 80 per-
cent of the costs incurred by the State in a fiscal year 
in complying with section 31311 and improving its 
implementation of its commercial driver’s license pro-
gram. In determining such costs, the Secretary shall 
include in-kind contributions by the State. Amounts 
required to be expended by the State under paragraph 
(4) may not be included as part of the non-Federal 
share of such costs.
667
‘‘(b) HIGH-PRIORITY ACTIVITIES.—
‘‘(1) GRANTS
FOR
NATIONAL
CONCERNS.—The 
Secretary may make a grant to a State agency, local 
government, or other person for 100 percent of the 
costs of research, development, demonstration projects, 
public education, and other special activities and 
projects relating to commercial driver licensing and 
motor vehicle safety that are of benefit to all jurisdic-
tions of the United States or are designed to address 
national safety concerns and circumstances. 
‘‘(2) FUNDING.—The Secretary may deduct up to 
10 percent of the amounts made available to carry 
out this section for a fiscal year to make grants under 
this subsection.’’. 
(b) CONFORMING AMENDMENT.—The analysis for such 
chapter is amended by inserting after the item relating to 
section 31312 the following:
‘‘31313. Grants for commercial driver’s license program improvements.’’.
(c) AMOUNTS WITHHELD.—Subsections (a) and (b) of 
section 31314 of such title are each amended by inserting 
‘‘up to’’ after ‘‘withhold’’. 
SEC. 4105. HOBBS ACT. 
(a) JURISDICTION OF COURT OF APPEALS OVER COM-
MERCIAL MOTOR VEHICLE SAFETY REGULATION AND OP-
ERATORS
AND
MOTOR
CARRIER
SAFETY.—Section 
2342(3)(A) of title 28, United States Code, is amended by
668
inserting before ‘‘of title 49’’ the following: ‘‘, subchapter 
III of chapter 311, chapter 313, or chapter 315’’. 
(b) JUDICIAL REVIEW.—Section 351(a) of title 49, 
United States Code, is amended by striking ‘‘Federal High-
way Administration’’ and inserting ‘‘Federal Motor Carrier 
Safety Administration’’. 
(c) AUTHORITY
TO CARRY OUT CERTAIN TRANS-
FERRED DUTIES AND POWERS.—Section 352 of title 49, 
United States Code, is amended by striking ‘‘Federal High-
way Administration’’ and inserting ‘‘Federal Motor Carrier 
Safety Administration’’. 
SEC. 4106. PENALTY FOR DENIAL OF ACCESS TO RECORDS. 
Section 521(b) of title 49, United States Code, is 
amended—
(1) by striking ‘‘(b)(1)(A) If the Secretary’’ and 
inserting the following: 
‘‘(b) VIOLATIONS RELATING TO COMMERCIAL MOTOR 
VEHICLE SAFETY REGULATION AND OPERATORS.—
‘‘(1) NOTICE.—
‘‘(A) IN GENERAL.—If the Secretary’’; and 
(2) by adding at the end of paragraph (2) the 
following: 
‘‘(E) COPYING OF RECORDS AND ACCESS TO 
EQUIPMENT, LANDS, AND BUILDINGS.—A person 
subject to chapter 51 or part B of subtitle VI who
669
fails to allow the Secretary, or an employee des-
ignated by the Secretary, promptly upon de-
mand to inspect and copy any record or inspect 
and examine equipment, lands, buildings, and 
other property in accordance with section 504(c), 
5121(c), or 14122(b) shall be liable to the United 
States for a civil penalty not to exceed $1,000 for 
each offense. Each day the Secretary is denied 
the right to inspect and copy any record or in-
spect and examine equipment, lands, buildings, 
and other property shall constitute a separate of-
fense; except that the total of all civil penalties 
against any violator for all offenses related to a 
single violation shall not exceed $10,000. 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 unreason-
able expense or effort. Nothing in this subpara-
graph shall be construed as amending or super-
seding any remedy available to the Secretary 
under section 502(d), section 507(c), or any 
other provision of this title.’’. 
SEC. 4107. MEDICAL REVIEW BOARD. 
Section 113 of title 49, United States Code, is amended 
by adding at the end the following:
670
‘‘(j) MEDICAL REVIEW BOARD.—
‘‘(1) ESTABLISHMENT AND FUNCTION.—The Ad-
ministrator shall establish a Medical Review Board 
as an advisory committee to provide the Administra-
tion with medical advice and recommendations on 
driver qualification medical standards and guide-
lines, medical examiner education, and medical re-
search. 
‘‘(2) COMPOSITION.—The Medical Review Board 
shall consist of 5 members appointed for a term not 
to exceed 3 years by the Secretary from medical insti-
tutions and private medical practice. The membership 
shall reflect expertise in a variety of medical special-
ties relevant to the functions of the Administration.’’. 
SEC. 4108. INCREASED PENALTIES FOR OUT-OF-SERVICE 
VIOLATIONS AND FALSE RECORDS. 
(a) RECORDKEEPING AND REPORTING VIOLATIONS.—
Section 521(b)(2)(B) of title 49, United States Code, is 
amended—
(1) in clause (i) by striking ‘‘$500’’ and insert-
ing ‘‘$1,000’’; and 
(2) by striking ‘‘$5,000’’ each place it appears 
and inserting ‘‘$10,000’’.
671
(b) VIOLATIONS OF OUT-OF-SERVICE ORDERS.—Sec-
tion 31310(i)(2) of title 49, United States Code, is amend-
ed—
(1) by striking ‘‘Not later than December 18, 
1992, the’’ and inserting ‘‘The’’; 
(2) in subparagraph (A)—
(A) by striking ‘‘90 days’’ and inserting 
‘‘180 days’’; and 
(B) by striking ‘‘$1,000’’ and inserting 
‘‘$2,500’’; 
(3) in subparagraph (B)—
(A) by striking ‘‘one year’’ and inserting ‘‘2 
years’’; and 
(B) by striking ‘‘$1,000; and’’ and inserting 
‘‘$5,000;’’; and 
(4) in subparagraph (C) by striking ‘‘$10,000.’’ 
and inserting ‘‘$25,000; and’’. 
SEC. 4109. 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—
(1) improve the safety and productivity of com-
mercial vehicles and drivers; and
672
(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 motor 
vehicle operations, commercial driver, 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) AMOUNT OF GRANTS.—The maximum aggre-
gate amount the Secretary may grant to a State for 
the core deployment of commercial vehicle informa-
tion systems and networks under this subsection and 
sections 5001(a)(5) and 5001(a)(6) of the Transpor-
tation Equity Act for the 21st Century (112 Stat. 
420) may not exceed $2,500,000. 
(3) 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. An eligible State that has either completed 
the core deployment of commercial vehicle informa-
tion systems and networks or completed such deploy-
673
ment before grant funds are expended under this sub-
section may use the grant funds for the expanded de-
ployment of commercial vehicle information systems 
and networks in the State. 
(d) EXPANDED DEPLOYMENT GRANTS.—
(1) IN GENERAL.—For each fiscal year, from the 
funds remaining after the Secretary has made grants 
under subsection (c), the Secretary may make grants 
to each eligible State, upon request, for the expanded 
deployment of commercial vehicle information systems 
and networks. 
(2) ELIGIBILITY.—Each State that has com-
pleted the core deployment of commercial vehicle in-
formation systems and networks in such State is eli-
gible for an expanded deployment grant under this 
subsection. 
(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.
674
(e) ELIGIBILITY.—To be eligible for a grant under this 
section, a State—
(1) shall have a commercial vehicle information 
systems and networks program plan approved by the 
Secretary that describes the various systems and net-
works at the State level that need to be refined, re-
vised, upgraded, or built to accomplish deployment of 
core capabilities; 
(2) shall certify to the Secretary that its commer-
cial vehicle information systems and networks deploy-
ment activities, including hardware procurement, 
software and system development, and infrastructure 
modifications—
(A) are consistent with the national intel-
ligent transportation systems and commercial 
vehicle information systems and networks archi-
tectures and available standards; and 
(B) promote interoperability and efficiency 
to the extent practicable; and 
(3) shall agree to execute interoperability tests 
developed by the Federal Motor Carrier Safety Ad-
ministration to verify that its systems conform with 
the national intelligent transportation systems archi-
tecture, applicable standards, and protocols for com-
mercial vehicle information systems and networks.
675
(f) 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-
eral share of the cost of a project payable from all eligible 
sources shall not exceed 80 percent. 
(g) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(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 motor 
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;
676
(D) enhance the safe passage of commercial 
motor 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
MOTOR
VEHICLE
OPER-
ATIONS.—The term ‘‘commercial motor vehicle oper-
ations’’—
(A) means motor carrier operations and 
motor vehicle regulatory activities associated 
with the commercial motor vehicle movement of 
goods, including hazardous materials, and pas-
sengers; 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 to—
677
(i) electronically collect and transmit 
commercial motor vehicle and driver inspec-
tion data at a majority of inspection sites 
in the State; 
(ii) connect to the safety and fitness 
electronic records system for access to inter-
state carrier and commercial motor vehicle 
data, summaries of past safety performance, 
and commercial motor vehicle credentials 
information; and 
(iii) exchange carrier data and com-
mercial motor vehicle safety and credentials 
information within the State and connect to 
such system for access to interstate carrier 
and commercial motor vehicle data. 
(B) 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-
state registration, vehicle titling, oversize
678
vehicle permits, overweight vehicle permits, 
carrier registration, and hazardous mate-
rials permits; 
(ii) connect to such plan and agree-
ment clearinghouses; and 
(iii) have at least 10 percent of the 
credentialing transaction volume in the 
State handled electronically and have the 
capability to add more carriers and to ex-
tend to branch offices where applicable. 
(C) Roadside electronic screening to elec-
tronically screen transponder-equipped commer-
cial vehicles at a minimum of one fixed or mo-
bile inspection site in the State and to replicate 
this screening at other sites in the State. 
(4) EXPANDED
DEPLOYMENT.—The term ‘‘ex-
panded deployment’’ means the deployment of systems 
in a State that exceed the requirements of a core de-
ployment of commercial vehicle information systems 
and networks, improve safety and the productivity of 
commercial motor vehicle operations, and enhance 
transportation security. 
(h) REPEAL.—Section 5209 of the Transportation Eq-
uity Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 
460–461) is repealed.
679
SEC. 4110. SAFETY FITNESS. 
(a) IN GENERAL.—Section 31144(a) 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 deter-
minations; 
‘‘(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) PROHIBITED TRANSPORTATION.—The first sub-
section (c) of such section 31144 is amended by adding 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) 
may not operate any commercial motor vehicle that
680
affects interstate commerce until the Secretary deter-
mines that such owner or operator is fit.’’. 
(c) DETERMINATION OF UNFITNESS BY A STATE.—
Such section 31144 is further amended—
(1) by redesignating subsections (d), (e), and the 
second subsection (c) as subsections (e), (f), and (g), 
respectively; 
(2) by inserting after the first subsection (c) the 
following: 
‘‘(d) DETERMINATION OF UNFITNESS BY A STATE.—
If a State that receives a grant under section 31102 deter-
mines, by applying the standards prescribed by the Sec-
retary under subsection (b), that an owner or operator of 
commercial motor vehicles that has its principal place of 
business in that State and operates in intrastate commerce 
is unfit under such standards and prohibits the owner or 
operator from operating such vehicles in the State, the Sec-
retary shall prohibit the owner or operator from operating 
such vehicles in interstate commerce until the State deter-
mines that the owner or operator is fit.’’; and 
(3) in subsection (g) (as redesignated by para-
graph (1) of this subsection) by adding at the end the 
following: 
‘‘(5) GRANTS FOR AUDITS.—From amounts de-
ducted under section 31104(f)(3), the Secretary may
681
make grants to States and local governments for new 
entrant motor carrier audits under this subsection 
without requiring a matching contribution from such 
States or local governments. 
‘‘(6) DOT AUDITS.—If the Secretary determines 
that a State or local government is unable to use gov-
ernment employees to conduct new entrant motor car-
rier audits, the Secretary may utilize the funds de-
ducted under section 31104(f)(3) to conduct such au-
dits in areas under the jurisdiction of such State or 
local government.’’. 
SEC. 4111. PATTERN OF SAFETY VIOLATIONS BY MOTOR 
CARRIER MANAGEMENT. 
(a) DUTIES OF EMPLOYERS AND EMPLOYEES.—Sec-
tion 31135 of title 49, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘Each’’; and 
(2) by adding at the end the following: 
‘‘(b) PATTERN OF NONCOMPLIANCE.—If the Secretary 
finds that an officer of a motor carrier engages or has en-
gaged in a pattern or practice of avoiding compliance, or 
masking or otherwise concealing noncompliance, with regu-
lations on commercial motor vehicle safety prescribed under 
this subchapter, while serving as an officer of any motor
682
carrier, the Secretary may suspend, amend, or revoke any 
part of the motor carrier’s registration under section 13905. 
‘‘(c) REGULATIONS.—The Secretary shall by regula-
tion establish standards to implement subsection (b). 
‘‘(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) MOTOR CARRIER.—The term ‘motor carrier’ 
has the meaning such term has under section 13102. 
‘‘(2) OFFICER.—The term ‘officer’ means an 
owner, director, 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, and any person, however designated, exer-
cising controlling influence over the operations of a 
motor carrier.’’. 
(b) CROSS REFERENCE.—Section 13902(a)(1)(B) of 
title 49, United States Code, is amended to read as follows: 
‘‘(B)(i) any safety regulations imposed by 
the Secretary; 
‘‘(ii) the duties of employers and employees 
established by the Secretary under section 31135; 
and
683
‘‘(iii) the safety fitness requirements estab-
lished by the Secretary under section 31144; 
and’’. 
SEC. 4112. MOTOR CARRIER RESEARCH AND TECHNOLOGY 
PROGRAM. 
(a) IN GENERAL.—Section 31108 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 31108. Motor carrier research and technology pro-
gram 
‘‘(a) RESEARCH, TECHNOLOGY, AND TECHNOLOGY 
TRANSFER ACTIVITIES.—
‘‘(1) ESTABLISHMENT.—The Secretary of Trans-
portation shall establish and carry out a motor car-
rier research and technology program. 
‘‘(2) MULTIYEAR PLAN.—The program must in-
clude a multi-year research plan that focuses on non-
redundant innovative research. 
‘‘(3) RESEARCH, 
DEVELOPMENT, 
AND
TECH-
NOLOGY TRANSFER ACTIVITIES.—The Secretary may 
carry out under the program research, development, 
technology, and technology transfer activities with re-
spect to—
‘‘(A) the causes of accidents, injuries, and 
fatalities involving commercial motor vehicles;
684
‘‘(B) means of reducing the number and se-
verity of accidents, injuries, and fatalities in-
volving commercial motor vehicles; 
‘‘(C) improving commercial motor vehicle 
and motor carrier safety, and industry effi-
ciency, through technological improvement; 
‘‘(D) improving technology used by enforce-
ment officers when conducting roadside inspec-
tions and compliance reviews to increase effi-
ciency and information transfers; and 
‘‘(E) increasing the safety and security of 
hazardous materials transportation. 
‘‘(4) TESTS AND DEVELOPMENT.—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. 
‘‘(5) TRAINING.—The Secretary may use the 
funds made available to carry out this section for 
training or education of commercial motor vehicle 
safety personnel, including training in accident re-
construction and detection of controlled substances or 
other contraband and stolen cargo or vehicles. 
‘‘(6) PROCEDURES.—The Secretary may carry 
out this section—
‘‘(A) independently;
685
‘‘(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 nonprofit corporation, organization, 
foreign country, or person. 
‘‘(7) DEVELOPMENT AND PROMOTION OF USE OF 
PRODUCTS.—The Secretary shall use funds made 
available to carry out this section to develop, admin-
ister, communicate, and promote the use of products 
of research, technology, and technology transfer pro-
grams under this section. 
‘‘(b) COLLABORATIVE
RESEARCH
AND
DEVELOP-
MENT.—
‘‘(1) IN GENERAL.—To advance innovative solu-
tions 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-
686
leges and universities, corporations, institutions, 
partnerships, and sole proprietorships that are 
incorporated or established under the laws of any 
State; and 
‘‘(B) Federal laboratories. 
‘‘(2) COOPERATIVE AGREEMENTS.—In carrying 
out this subsection, the Secretary may enter into co-
operative research and development agreements (as 
defined in section 12 of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a)). 
‘‘(3) COST SHARING.—
‘‘(A) FEDERAL SHARE.—The Federal share 
of the cost of activities carried out under a coop-
erative research and development agreement en-
tered into under this subsection shall not exceed 
50 percent; except that, if there is substantial 
public interest or benefit associated with any 
such activity, the Secretary may approve a 
greater Federal share. 
‘‘(B) TREATMENT OF DIRECTLY INCURRED 
NON-FEDERAL
COSTS.—All costs directly in-
curred by the non-Federal partners, including 
personnel, travel, and hardware or software de-
velopment costs, shall be credited toward the non-
687
Federal share of the cost of the activities de-
scribed in subparagraph (A). 
‘‘(4) USE OF TECHNOLOGY.—The research, devel-
opment, or use of a technology under a cooperative re-
search and development agreement entered into under 
this subsection, including the terms under which the 
technology may be licensed and the resulting royalties 
may be distributed, shall be subject to the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.).’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 311 of such title is amended by striking the item 
relating to section 31108 and inserting the following:
‘‘31108. Motor carrier research and technology program.’’.
SEC. 4113. INTERNATIONAL COOPERATION. 
(a) IN GENERAL.—Chapter 311 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘SUBCHAPTER IV—MISCELLANEOUS 
‘‘§ 31161. International cooperation 
‘‘The Secretary of Transportation is authorized to use 
funds made available by section 31104(i) to participate and 
cooperate in international activities to enhance motor car-
rier, driver, and highway safety by such means as exchang-
ing information, conducting research, and examining needs, 
best practices, and new technology.’’.
688
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following:
‘‘SUBCHAPTER IV—MISCELLANEOUS 
‘‘31161. International cooperation.’’.
SEC. 4114. PERFORMANCE AND REGISTRATION INFORMA-
TION SYSTEM MANAGEMENT. 
(a) DESIGN AND CONDITIONS FOR PARTICIPATION.—
Section 31106(b) of title 49, United States Code, is amended 
by striking paragraphs (2), (3), and (4) and inserting 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. 
‘‘(3) CONDITIONS FOR PARTICIPATION.—The Sec-
retary shall require States, as a condition of partici-
pation in the program, to—
689
‘‘(A) comply with the uniform policies, pro-
cedures, and technical and operational standards 
prescribed by the Secretary under subsection 
(a)(4); and 
‘‘(B) possess or seek the authority to deny, 
suspend, or revoke commercial motor vehicle reg-
istrations based on the issuance of an operations 
out-of-service order by the Secretary.’’. 
(b) PERFORMANCE AND REGISTRATION INFORMATION 
SYSTEM MANAGEMENT GRANTS.—
(1) IN GENERAL.—Subchapter I of chapter 311 
of title 49, United States Code, is further amended by 
adding at the end the following: 
‘‘§ 31109. Performance and registration information 
system management 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
may make a grant to a State to implement the performance 
and registration information system management require-
ments of section 31106(b). 
‘‘(b) AVAILABILITY
OF AMOUNTS.—Amounts made 
available to a State under this section shall remain avail-
able until expended.’’. 
(2) CONFORMING AMENDMENT.—The analysis for 
such subchapter is amended by adding at the end the 
following:
‘‘31109. Performance and registration information system management.’’.
690
SEC. 4115. DATA QUALITY IMPROVEMENT. 
Section 31106(a)(3) of title 49, United States Code, 
is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D); 
(2) by striking the period at the end of subpara-
graph (E) and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(F) ensure, to the maximum extent prac-
tical, all the data is complete, timely, and accu-
rate across all information systems and initia-
tives; and 
‘‘(G) establish and implement a national 
motor carrier safety data correction system.’’. 
SEC. 4116. DRIVEAWAY SADDLEMOUNT VEHICLES. 
(a) DEFINITION.—Section 31111(a) of tile 49, United 
States Code, is amended by adding at the end of the fol-
lowing: 
‘‘(4) 
DRIVE-AWAY
SADDLEMOUNT
WITH 
FULLMOUNT VEHICLE TRANSPORTER COMBINATION.—
The term ‘drive-away saddlemount with fullmount ve-
hicle transporter combination’ means a vehicle com-
bination designed and specifically used to tow up to 
3 trucks or truck tractors, each connected by a saddle 
to the frame or fifth-wheel of the forward vehicle of the 
truck or truck tractor in front of it.’’.
691
(b) GENERAL LIMITATIONS.—Section 31111(b)(1) of 
such title is amended—
(1) by redesignating subparagraphs (D) and (E) 
as subparagraphs (E) and (F), respectively; and 
(2) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) imposes a vehicle length limitation of not 
less than or more than 97 feet on a driveaway 
saddlemount with fullmount vehicle transporter com-
binations;’’. 
SEC. 4117. COMPLETION OF UNIFORM CARRIER REGISTRA-
TION. 
(a) IN GENERAL.—Section 14504 of title 49, United 
States Code, and the item relating to such section in anal-
ysis for chapter 145 of such title, are repealed. 
(b) CONFORMING AMENDMENTS.—Section 13908 of 
such title is amended—
(1) in subsection (a) by striking ‘‘the single State 
registration system under section 14504,’’; 
(2) in subsection (b)—
(A) by striking paragraphs (2) and (3); and 
(B) by redesignating paragraphs (4), (5), 
and (6) as paragraphs (2), (3), and (4), respec-
tively; 
(3) by striking subsection (d); and
692
(4) by striking ‘‘(e) DEADLINE FOR CONCLUSION; 
MODIFICATION.—’’ and all that follows through 
‘‘1996,’’ and inserting the following: 
‘‘(d) DEADLINE FOR COMPLETION.—Not later than 1 
year after the date of enactment of the Transportation Eq-
uity Act: A Legacy for Users,’’. 
SEC. 4118. REGISTRATION OF MOTOR CARRIERS AND 
FREIGHT FORWARDERS. 
(a) DEFINITIONS RELATING TO MOTOR CARRIERS.—
Paragraphs (6), (7), (12), and (13) of section 13102 of title 
49, United States Code, are each amended by striking 
‘‘motor vehicle’’ and inserting ‘‘commercial motor vehicle 
(as defined in section 31132)’’. 
(b) FREIGHT FORWARDERS.—Section 13903(a) of title 
49, United States Code, is amended—
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(1) HOUSEHOLD GOODS.—The Secretary’’; 
(2) by inserting ‘‘of household goods’’ after 
‘‘freight forwarder’’; and 
(3) by adding at the end the following: 
‘‘(2) OTHERS.—The Secretary may register a 
person to provide service subject to jurisdiction under 
subchapter III of chapter 135 as a freight forwarder 
(other than a freight forwarder of household goods) if
693
the Secretary finds that such registration is needed 
for the protection of shippers and that the person is 
fit, willing, and able to provide the service and to 
comply with this part and applicable regulations of 
the Secretary and Board.’’. 
SEC. 4119. DEPOSIT OF CERTAIN CIVIL PENALTIES INTO 
HIGHWAY TRUST FUND. 
Sections 31138(d)(5) and 31139(f)(5) of title 49, 
United States Code, are each amended by striking ‘‘Treas-
ury as miscellaneous receipts’’ and inserting ‘‘Highway 
Trust Fund (other than the Mass Transit Account)’’. 
SEC. 4120. OUTREACH AND EDUCATION. 
(a) IN
GENERAL.—The Secretary shall conduct, 
through any combination of grants, contracts, or coopera-
tive agreements, an outreach and education program to be 
administered by the Federal Motor Carrier Safety Adminis-
tration and the National Highway Traffic Safety Adminis-
tration. 
(b) PROGRAM ELEMENTS.—The program shall include, 
at a minimum, the following: 
(1) A program to promote a more comprehensive 
and national effort to educate commercial motor vehi-
cle drivers and passenger vehicle drivers about how 
commercial motor vehicle drivers and passenger vehi-
694
cle drivers can more safely share the road with each 
other. 
(2) A program to promote enhanced traffic en-
forcement efforts aimed at reducing the incidence of 
the most common unsafe driving behaviors that cause 
or contribute to crashes involving commercial motor 
vehicles and passenger vehicles. 
(3) A program to establish a public-private part-
nership to provide resources and expertise for the de-
velopment and dissemination of information relating 
to sharing the road referred to in paragraphs (1) and 
(2) to each partner’s constituents and to the general 
public through the use of brochures, videos, paid and 
public advertisements, the Internet, and other media. 
(c) FEDERAL SHARE.—The Federal share of a pro-
gram or activity for which a grant is made under this sec-
tion shall be 100 percent of the cost of such program or 
activity. 
(d) ANNUAL REPORT.—The Secretary shall prepare 
and transmit to Congress an annual report on the programs 
and activities carried out under this section. 
(e) FUNDING.—From amounts made available under 
section 31104(i) of title 49, United States Code, the Sec-
retary shall make available $1,000,000 to the Federal Motor 
Carrier Safety Administration, and $3,000,000 to the Na-
695
tional Highway Traffic Safety Administration, for each of 
fiscal years 2005, 2006, 2007, 2008, and 2009 to carry out 
this section. 
SEC. 4121. INSULIN TREATED DIABETES MELLITUS. 
(a) NO PERIOD
OF COMMERCIAL DRIVING WHILE 
USING INSULIN REQUIRED FOR QUALIFICATION.—The Sec-
retary may not require individuals with insulin-treated di-
abetes mellitus who are applying for an exemption from 
the physical qualification standards to have experience op-
erating commercial motor vehicles while using insulin in 
order to be exempted from the physical qualification stand-
ards to operate a commercial motor vehicle in interstate 
commerce. 
(b) MINIMUM PERIOD OF INSULIN USE.—Subject to 
subsection (a), the Secretary shall require individuals with 
insulin-treated diabetes mellitus to have a minimum period 
of insulin use to demonstrate stable control of diabetes before 
operating a commercial motor vehicle in interstate com-
merce. For individuals who have been newly diagnosed with 
type 1 diabetes, the minimum period of insulin use may 
not exceed 2 months, unless directed by the treating physi-
cian. For individuals who have type 2 diabetes and are con-
verting to insulin use, the minimum period of insulin use 
may not exceed 1 month, unless directed by the treating 
physician.
696
(c) LIMITATIONS.—Insulin-treated individuals may 
not be held by the Secretary to a higher standard of physical 
qualification in order to operate a commercial motor vehicle 
in interstate commerce than other individuals applying to 
operate, or operating, a commercial motor vehicle in inter-
state commerce; except to the extent that limited operating, 
monitoring, and medical requirements are deemed medi-
cally 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 vehi-
cle. 
(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.
697
SEC. 4123. COMMERCIAL MOTOR VEHICLE SAFETY ADVI-
SORY COMMITTEE. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
commercial motor vehicle safety advisory committee to pro-
vide advice and recommendations to the Secretary on com-
mercial motor vehicle safety regulations and other matters 
relating to activities and functions of the Federal Motor 
Carrier Safety Administration. 
(b) COMPOSITION.—The members of the advisory com-
mittee shall be appointed by the Secretary and shall include 
representatives of the motor carrier industry, drivers, safety 
advocates, manufacturers, safety enforcement officials, law 
enforcement agencies of border States, and other individuals 
affected by rulemakings under consideration by the Depart-
ment of Transportation. Representatives of a single interest 
group may not constitute a majority 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 accuracy, 
timeliness, and completeness of commercial motor vehicle 
safety data reported to the Secretary.
698
(b) ELIGIBILITY.—A State shall be eligible for a grant 
under this section in a fiscal year if the Secretary deter-
mines that the State has—
(1) conducted a comprehensive audit of its com-
mercial motor vehicle safety data system within the 
preceding 2 years; 
(2) developed a plan that identifies and 
prioritizes its commercial motor vehicle safety data 
needs and goals; and 
(3) identified performance-based measures to de-
termine 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.
699
(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 activi-
ties and results of the program carried out under this sec-
tion, together with any recommendations the Secretary de-
termines appropriate. 
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 modernize its 
commercial driver’s license information system in accord-
ance with subsection (c) if the State is in substantial com-
pliance with the requirements of section 31311 of title 49, 
United States Code, and this section, as determined by the 
Secretary. The Secretary shall establish criteria for the dis-
tribution 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-
700
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.—
(1) IN GENERAL.—The Secretary may conduct 
with grants under this section a 3-year pilot program 
in no more than 3 States to evaluate a system for 
sharing driver’s license information on all commer-
cial 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 section 
to a State or organization may not be for more than 80 
percent of the costs incurred by the State or organization 
in a fiscal year in implementing the modernization pro-
gram developed by the Secretary. In determining these costs,
701
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; 
(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 Octo-
ber 1 of the fiscal year for which they are authorized, 
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 con-
tractual obligation for payment of the Government’s
702
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 Federal 
Regulations, as in effect on the date of enactment of this 
sentence, no additional off-duty time shall be required in 
order to operate such vehicle.’’. 
SEC. 4127. SAFETY PERFORMANCE HISTORY SCREENING. 
(a) IN GENERAL.—The Secretary shall provide persons 
conducting preemployment screening services for the motor 
carrier industry electronic access to the following reports 
contained in the Motor Carrier Management Information 
System: 
(1) Commercial motor vehicle accident reports. 
(2) Inspection reports that contain no driver-re-
lated safety violations. 
(3) Serious driver-related safety violation inspec-
tion reports. 
(b) CONDITIONS ON PROVIDING ACCESS.—Before pro-
viding a person access to the Motor Carrier Management
703
Information System under subsection (a), the Secretary 
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; 
(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 ex-
pressly 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 sub-
section (a) shall be designed to assist the motor carrier in-
dustry in assessing an individual operator’s crash and seri-
ous safety violation inspection history as a preemployment 
condition. Use of the process shall not be mandatory and 
may only be used during the preemployment assessment of 
an operator-applicant.
704
(d) SERIOUS OPERATOR-RELATED SAFETY VIOLATION 
DEFINED.—In this section, the term ‘‘serious operator-re-
lated violation’’ means a violation by an operator of a com-
mercial motor vehicle (as defined in section 31102 of title 
49, United States Code) that the Secretary determines will 
result in the operator being prohibited from continuing to 
operate a commercial motor vehicle until the violation is 
corrected. 
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 providing no-
tice and opportunity for comment, shall issue regulations 
establishing a program to ensure that intermodal equip-
ment 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 Department 
of Transportation. 
(c) CONTENTS.—The regulations issued under this sec-
tion 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 transpor-
tation;
705
(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 intermodal 
equipment provider maintains a system of mainte-
nance and repair records for such equipment; 
(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 con-
sistent with section 521(b) of title 49, United 
States Code, for intermodal equipment providers 
that fail to attain satisfactory compliance with 
applicable Federal motor carrier safety regula-
tions; 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 inves-
tigation of a noncompliant intermodal equipment 
provider; and
706
(7) an inspection and audit program of inter-
modal equipment providers. 
(d) DEADLINE FOR RULEMAKING PROCEEDING.—The 
regulations under this section shall be issued pursuant to 
a rulemaking proceeding initiated not later than 90 days 
after the date of enactment of this Act. 
(e) DEFINITIONS.—In this section, the following defini-
tions apply: 
(1) INTERMODAL EQUIPMENT.—The term ‘‘inter-
modal equipment’’ means equipment that is com-
monly 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 associated 
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
707
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 oper-
ations. 
(f) INSPECTION, REPAIR, AND
MAINTENANCE
OF 
INTERMODAL EQUIPMENT.—Section 31136 of title 49, 
United States Code, is amended by adding at the end the 
following: 
‘‘(g) INSPECTION, REPAIR, AND MAINTENANCE
OF 
INTERMODAL EQUIPMENT.—The Secretary, or an employee 
of the Department of Transportation designated by the Sec-
retary, may inspect intermodal equipment, and copy re-
lated 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 addic-
tion specialists certified by the American Academy of
708
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 
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 driv-
er), regardless of the distance traveled. 
SEC. 4131. HOURS OF SERVICE FOR OPERATORS OF UTILITY 
SERVICE VEHICLES. 
Section 345 of the National Highway System Designa-
tion 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-
709
sisting of 2 or more States, shall 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) 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 strik-
ing ‘‘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—
710
(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’’. 
SEC. 4133. INTRASTATE AND FOREIGN OPERATIONS OF 
INTERSTATE MOTOR CARRIERS. 
Section 31144(a) 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 and safety in-
spection record of an owner or operator during oper-
ations—
‘‘(A) in interstate commerce in the United 
States; 
‘‘(B) in a State that affects interstate com-
merce in the United States; and 
‘‘(C) in Canada or Mexico if the owner or 
operator also conducts operations in the United 
States; 
‘‘(2) periodically update such safety fitness deter-
minations;
711
‘‘(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.’’. 
SEC. 4134. OPERATORS OF VEHICLES TRANSPORTING AGRI-
CULTURAL COMMODITIES AND FARM SUP-
PLIES. 
(a) AGRICULTURAL EXEMPTION.—Section 345(a)(1) of 
the National Highway System Designation Act of 1995 (49 
U.S.C. 31136 note; 109 Stat. 613) is amended to read as 
follows: 
‘‘(1) TRANSPORTATION OF AGRICULTURAL COM-
MODITIES
AND
FARM
SUPPLIES.—Regulations pre-
scribed by the Secretary under sections 31136 and 
31502 of title 49, United States Code, regarding max-
imum driving and on-duty time for drivers used by 
motor carriers shall not apply during planting and 
harvest periods, as determined by each State to driv-
ers transporting agricultural commodities or farm 
supplies for agricultural purposes in a State if such 
transportation is limited to an area within a 100 air 
mile radius from the source of the commodities or the 
distribution point for the farm supplies.’’. 
(b) DEFINITIONS.—Section 345(e) of such Act (109 
Stat. 614) is amended by adding at the end the following:
712
‘‘(7) AGRICULTURAL COMMODITY.—The term ‘ag-
ricultural commodity’ means products grown on and 
harvested from the land during the planting and har-
vesting seasons within each State, as determined by 
the State. 
‘‘(8) FARM SUPPLIES FOR AGRICULTURAL PUR-
POSES.—The term ‘farm supplies for agricultural 
purposes’ means products directly related to the grow-
ing or harvesting of agricultural commodities during 
the planting and harvesting seasons within each 
State, as determined by the State, and livestock feed 
at any time of the year.’’. 
SEC. 4135. HOURS OF SERVICE RULES FOR OPERATORS 
PROVIDING 
TRANSPORTATION 
TO 
MOVIE 
PRODUCTION SITES. 
Notwithstanding sections 31136 and 31502 of title 49, 
United States Code, and any other provision of law, the 
maximum daily hours of service for an operator of a com-
mercial motor vehicle providing transportation of property 
or passengers to or from a theatrical or television motion 
picture production site located within a 100 air mile radius 
of the work reporting location of such operator shall be those 
in effect under the regulations in effect under such sections 
on April 27, 2003.
713
SEC. 4136. 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, al-
located, 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 amended by inserting 
‘‘intrastate’’ before ‘‘transportation’’. 
(b) ENFORCEMENT OF CONSUMER PROTECTION WITH 
RESPECT
TO
INTERSTATE
HOUSEHOLD
GOODS
CAR-
714
RIERS.—Chapter 145 of such title is amended by adding 
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 de-
livery 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 residents of 
the State have been or are being threatened or ad-
versely 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.
715
‘‘(b) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed—
‘‘(1) as preventing an attorney general from ex-
ercising 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 witnesses or the production of documen-
tary and other evidence; 
‘‘(2) as prohibiting a State official from pro-
ceeding in State court to enforce a criminal statute 
of the State; 
‘‘(3) as authorizing a State or political subdivi-
sion of a State to bring an enforcement action under 
a consumer protection law, regulation, or other provi-
sion of the State relating to interstate transportation 
of 
household 
goods 
(as 
defined 
in 
section 
13102(10)(A)) with respect to an activity that is in-
consistent with Federal laws and regulations relating 
to interstate transportation of household goods; or 
‘‘(4) as authorizing a State, as parens patriae, 
to bring a class civil action on behalf of its residents 
to enforce a regulation or order of the Secretary or 
Board. 
‘‘(c) ACTIONS BY THE SECRETARY OR BOARD.—When-
ever a civil action has been instituted by or on behalf of
716
the Secretary or Board for violation of section 14915, no 
State may, during the pendency of such action, institute 
a civil action under subsection (a) against any defendant 
named in the complaint relating to such violation. 
‘‘(d) VENUE; SERVICE OF PROCESS.—Any civil action 
to be brought under subsection (a) in a district court of 
the United States may be brought in the district in which 
the defendant is found, is an inhabitant, or transacts busi-
ness or wherever venue is proper under section 1391 of title 
28. Process in such an action may be served in any district 
in which the defendant is an inhabitant or in which the 
defendant may be found.’’. 
(c) CONFORMING AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following:
‘‘14506. Enforcement of Federal regulations by State attorneys general.’’.
SEC. 4202. ARBITRATION REQUIREMENTS. 
(a) OFFERING
SHIPPERS
ARBITRATION.—Section 
14708(a) of title 49, United States Code, is amended by 
inserting before the period at the end the following: ‘‘and 
to determine whether carrier charges, in addition to those 
collected at delivery, must be paid by the shipper for trans-
portation and services related to the transportation of 
household goods’’. 
(b) THRESHOLD FOR BINDING ARBITRATION.—Section 
14708(b)(6) of such title is amended by striking ‘‘$5,000’’ 
each place it appears and inserting ‘‘$10,000’’.
717
(c) DEADLINE FOR DECISION.—Section 14708(b)(8) of 
such title is amended—
(1) by striking ‘‘and’’; and 
(2) by inserting after ‘‘for damages’’ the fol-
lowing: ‘‘, and an order requiring the payment of ad-
ditional carrier charges’’. 
(d) 
ATTORNEY’S
FEES
TO
SHIPPERS.—Section 
14708(d)(3) of such title is amended—
(1) by redesignating subparagraphs (A) and (B) 
as subparagraphs (B) and (C), respectively; and 
(2) by inserting before subparagraph (B) (as so 
redesignated) the following: 
‘‘(A) the shipper was not advised by the carrier 
during the claim settlement process that a dispute set-
tlement program was available to resolve the dis-
pute;’’. 
SEC. 4203. CIVIL PENALTIES RELATING TO HOUSEHOLD 
GOODS 
BROKERS 
AND 
UNAUTHORIZED 
TRANSPORTATION. 
Section 14901(d) of title 49, United States Code, is 
amended—
(1) by striking ‘‘If a carrier’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—If a carrier’’; and 
(2) by adding at the end the following:
718
‘‘(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 makes an estimate of the cost of trans-
porting any such goods before entering into an agree-
ment with a carrier to provide transportation of 
household goods subject to such jurisdiction, 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 or provides broker services for such transpor-
tation without being registered under chapter 139 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 violation.’’. 
SEC. 4204. CIVIL PENALTY FOR HOLDING HOUSEHOLD 
GOODS HOSTAGE. 
(a) IN GENERAL.—Chapter 149 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘§ 14915. Holding household goods hostage 
‘‘(a) HOLDING HOUSEHOLD GOODS HOSTAGE DE-
FINED.—For purposes of this section, the term ‘holding