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‘‘(4) CDLIS MODERNIZATION.—The Secretary
may designate up to $2,000,000 for fiscal year 2006
and up to $6,000,000 for fiscal years 2007 through
2009 from amounts available for allocation under
paragraph (1) for commercial driver’s license infor-
mation 
system 
modernization 
under 
section
31309(f).’’.
(b) GRANTS
TO STATES
FOR BORDER ENFORCE-
MENT.—Section 31107 is amended to read as follows:
‘‘§ 31107. Border enforcement grants
‘‘(a) GENERAL AUTHORITY.—From the funds author-
ized by section 7103(b)(1) of the Motor Carrier Safety Re-
authorization Act of 2005, the Secretary may make a grant
in a fiscal year to a State that shares a border with another
country for carrying out border commercial motor vehicle
safety programs and related enforcement activities and
projects.
‘‘(b) MAINTENANCE
OF EXPENDITURES.—The Sec-
retary may make a grant to a State under this section only
if the State agrees that the total expenditure of amounts
of the State and political subdivisions of the State, exclusive
of United States Government amounts, for carrying out bor-
der commercial motor vehicle safety programs and related
enforcement activities and projects will be maintained at
a level at least equal to the average level of that expenditure
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by the State and political subdivisions of the State for the
last 2 State or Federal fiscal years before October 1, 2005.’’.
(c) NONCOMPLIANCE WITH CDL REQUIREMENTS.—
Section 31314 is amended by inserting ‘‘up to’’ after ‘‘with-
hold’’ in subsections (a) and (b).
(d) CONFORMING AMENDMENTS.—(1) The chapter
analysis for chapter 311 is amended—
(A) by striking the item relating to Subchapter
I, and inserting the following:
‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’;
and
(B) by striking the item relating to section
31107, and inserting the following:
‘‘31107. Border enforcement grants.’’.
(2) Subchapter I of chapter 311 is amended by striking
the subchapter heading and inserting the following:
‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’
SEC. 7108. TECHNICAL CORRECTIONS.
(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
striking ‘‘subtitle IV’’ and inserting ‘‘subtitle IV, subchapter
III of chapter 311, chapter 313, or chapter 315’’.
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(b) JUDICIAL REVIEW.—Section 351(a) is amended to
read as follows:
‘‘(a) JUDICIAL REVIEW.—An action of the Secretary
of Transportation in carrying out a duty or power trans-
ferred under the Department of Transportation Act (Public
Law 89–670; 80 Stat. 931), or an action of the Adminis-
trator of the Federal Railroad Administration, Federal
Motor Carrier Safety Administration, or the Federal Avia-
tion Administration in carrying out a duty or power spe-
cifically assigned to the Administrator by that Act, may
be reviewed judicially to the same extent and in the same
way as if the action had been an action by the department,
agency, or instrumentality of the United States Government
carrying out the duty or power immediately before the
transfer or assignment.’’.
(c) AUTHORITY TO CARRY OUT CERTAIN TRANS-
FERRED DUTIES AND POWERS.—Section 352 is amended
to read as follows:
‘‘§ 352. Authority to carry out certain transferred du-
ties and powers
‘‘In carrying out a duty or power transferred under
the Department of Transportation Act (Public Law 89–670;
80 Stat. 931), the Secretary of Transportation and the Ad-
ministrators of the Federal Railroad Administration, the
Federal Motor Carrier Safety Administration, and the Fed-
†
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eral Aviation Administration have the same authority that
was vested in the department, agency, or instrumentality
of the United States Government carrying out the duty or
power immediately before the transfer. An action of the Sec-
retary or Administrator in carrying out the duty or power
has the same effect as when carried out by the department,
agency, or instrumentality.’’.
(d) TRANSFER OF PROVISION.—
(1) Section 345 of Public Law 104–59 is trans-
ferred to subchapter III of chapter 311 of title 49,
United States Code, redesignated as section 31149,
and inserted after section 31148 as section 31149.
Section 31149, as transferred by the preceding sen-
tence, is amended—
(A) by conforming the section heading to the
style and format of the section headings in chap-
ter 311 of title 49, United States Code;
(B) by striking ‘‘of title 49, United States
Code,’’ in subsection (a)(1), subsection (a)(5),
and subsection (e)(4); and
(C) by striking subsection (f).
(2) The chapter analysis for chapter 311 is
amended by inserting after the item relating to sec-
tion 31148 the following:
‘‘31149. Exemptions from requirements relating to commercial motor vehicles and
their operators.’’.
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(e) ELIMINATION OF COMMODITY AND SERVICE EX-
EMPTIONS.—
(1) Section 13506(a) is amended—
(A) by striking paragraphs (6), (11), (12),
(13), and (15);
(B) by redesignating paragraphs (7), (8),
(9), (10), and (14) as paragraphs (6), (7), (8),
(9) and (10), respectively;
(C) by inserting ‘‘or’’ after the semicolon in
paragraph (9), as redesignated; and
(D) striking ‘‘13904(d); or’’ in paragraph
(10), as redesignated, and inserting ‘‘14904(d).’’.
(2) Section 13507 is amended by striking ‘‘(6),
(8), (11), (12), or (13)’’ and inserting ‘‘(6)’’.
SEC. 7109. PENALTY FOR DENIAL OF ACCESS TO RECORDS.
Section 521(b)(2) is amended by adding at the end the
following:
‘‘(E) COPYING OF RECORDS AND ACCESS TO EQUIP-
MENT, LANDS, AND BUILDINGS.—A motor carrier subject to
chapter 51 of subtitle III, a motor carrier, broker, or freight
forwarder subject to part B of subtitle IV, or the owner or
operator of a commercial motor vehicle subject to part B
of subtitle VI of this title who fails to allow the Secretary,
or an employee designated by the Secretary, promptly upon
demand to inspect and copy any record or inspect and ex-
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amine equipment, lands, buildings and other property in
accordance with sections 504(c), 5121(c), and 14122(b) of
this title shall be liable to the United States for a civil pen-
alty not to exceed $500 for each offense, and each day the
Secretary is denied the right to inspect and copy any record
or inspect and examine equipment, lands, buildings and
other property shall constitute a separate offense, except
that the total of all civil penalties against any violator for
all offenses related to a single violation shall not exceed
$5,000. 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 unreasonable expense or ef-
fort. Nothing herein amends or supersedes any remedy
available to the Secretary under sections 502(d), 507(c), or
other provision of this title.’’.
SEC. 7110. MEDICAL PROGRAM.
(a) IN GENERAL.—Subchapter III of chapter 311, as
amended by section 7108(d) of this chapter, is amended by
adding at the end the following:
‘‘§ 31150. Medical program
‘‘(a) MEDICAL REVIEW BOARD.—
‘‘(1) ESTABLISHMENT AND FUNCTION.—The Sec-
retary of Transportation shall establish a Medical Re-
view Board to provide the Federal Motor Carrier
Safety Administration with medical advice and rec-
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ommendations on driver qualification medical stand-
ards and guidelines, medical examiner education, and
medical research.
‘‘(2) COMPOSITION.—The Medical Review Board
shall be appointed by the Secretary and shall consist
of 5 members selected from medical institutions and
private practice. The membership shall reflect exper-
tise in a variety of specialties relevant to the func-
tions of the Federal Motor Carrier Safety Administra-
tion.
‘‘(b) CHIEF MEDICAL EXAMINER.—The Secretary shall
appoint a chief medical examiner who shall be an employee
of the Federal Motor Carrier Safety Administration accord-
ing to the SL schedule.
‘‘(c) MEDICAL STANDARDS AND REQUIREMENTS.—
‘‘(1) IN GENERAL.— The Secretary, with the ad-
vice of the Medical Review Board and the chief med-
ical examiner, shall—
‘‘(A) establish, review, and revise—
‘‘(i) medical standards for applicants
for and holders of commercial driver’s li-
censes that will ensure that the physical
condition of operators of commercial motor
vehicles is adequate to enable them to oper-
ate the vehicles safely;
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‘‘(ii) requirements for periodic physical
examinations of such operators performed
by medical examiners who have successfully
completed training in physical and medical
examination standards and are listed on a
national registry maintained by the De-
partment of Transportation; and
‘‘(B) issue certificates to such holders and
applicants that have been found, upon examina-
tion, to be physically qualified to operate a com-
mercial motor vehicle and to meet applicable
medical standards unless the authority to issue
certificates has been delegated to medical exam-
iners under subparagraph (d)(2) of this section;
‘‘(C) require each holder of a commercial
driver’s license or learner’s permit who operates
a commercial vehicle in interstate commerce to
have a current valid medical certificate;
‘‘(D) conduct periodic reviews of a select
number of medical examiners on the national
registry to ensure that proper examinations of
applicants and holders are being conducted;
‘‘(E) 
develop, 
as 
appropriate, 
specific
courses and materials for medical examiners list-
ed in the national registry established under this
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section, and require those medical examiners to
complete specific training, including refresher
courses, to be listed in the registry;
‘‘(F) require medical examiners to transmit
the name of the applicant and numerical identi-
fier, as determined by the Administrator, for any
completed medical examination report required
under section 391.43 of title 49, Code of Federal
Regulations, electronically to the Chief Medical
Examiner on monthly basis; and
‘‘(G) periodically review a representative
sample of the medical examination reports asso-
ciated with the name and numerical identifiers
of applicants transmitted under subparagraph
(F) for errors, omissions, or other indications of
improper certification.
‘‘(2) MONITORING
PERFORMANCE.—The Sec-
retary shall investigate patterns of errors or improper
certification by a medical examiner. If the Secretary
finds that a medical examiner has issued a medical
certificate to an applicant or holder who fails to meet
the applicable standards at the time of the examina-
tion, such a medical examiner may be removed from
the registry and the medical certificate of the appli-
cant or holder may be deemed void.
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‘‘(d) NATIONAL REGISTRY OF MEDICAL EXAMINERS.—
The Secretary, through the Federal Motor Carrier Safety
Administration—
‘‘(1) shall establish and maintain a current na-
tional registry of medical examiners who are qualified
to perform examinations and issue medical certifi-
cates;
‘‘(2) shall delegate to those examiners the author-
ity to issue such certificates upon successfully com-
pleting the required training;
‘‘(3) shall remove from the registry the name of
any medical examiner that fails to meet or maintain
the qualifications established by the Secretary for
being listed in the registry or otherwise does not meet
the requirements of this section or regulation issued
there under; and
‘‘(4) shall accept as valid only medical certifi-
cates issued by persons on the national registry of
medical examiners.
‘‘(e) REGULATIONS.—The Secretary is authorized to
promulgate such regulations as may be necessary to carry
out this section.’’.
(b) MEDICAL EXAMINERS.—Section 31136(a)(3) is
amended to read as follows:
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‘‘(3) the physical condition of operators of com-
mercial motor vehicles is adequate to enable them to
operate the vehicles safely, and the periodic physical
examinations required of such operators are per-
formed by medical examiners who have received
training in physical and medical examination stand-
ards and are listed on a national registry maintained
by the Department of Transportation; and’’.
(c) DEFINITION
OF MEDICAL EXAMINER.—Section
31132 is amended—
(1) by redesignating paragraphs (6) through (10)
as paragraphs (7) through (11), respectively; and
(2) by inserting after paragraph (5) the fol-
lowing:
‘‘(6) ‘medical examiner’ means an individual li-
censed, certified, or registered in accordance with reg-
ulations issued by the Federal Motor Carrier Safety
Administration as a medical examiner.’’.
(d) FUNDING.—Amounts made available pursuant to
section 31104(i)(1) of title 49, United States Code, shall be
used by the Secretary to carry out section 31150 of title
49, United States Code.
(e) CONFORMING AMENDMENT.—The chapter analysis
for chapter 311, as amended by section 7108(d) of this chap-
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ter, is amended by inserting after the item relating to sec-
tion 31149 the following:
‘‘31150. Medical program’’.
(f) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 1 year after the date of enact-
ment of this Act.
SEC. 7111. OPERATION OF COMMERCIAL MOTOR VEHICLES
BY INDIVIDUALS WHO USE INSULIN TO TREAT
DIABETES MELLITUS.
(a) REVISION OF FINAL RULE.—Not later than 90
days after the date of the enactment of this Act, the Sec-
retary shall revise the final rule to allow individuals who
use insulin to treat their diabetes to operate commercial
motor vehicles in interstate commerce. The revised final rule
shall provide for the individual assessment of applicants
who use insulin to treat their diabetes and who are, except
for their use of insulin, otherwise qualified under the Fed-
eral Motor Carrier Safety Regulations. The revised final
rule shall be consistent with the criteria described in section
4018 of the Transportation Equity Act for the 21st Century
(49 U.S.C. 31305 note) and shall conclude the rulemaking
process in the Federal Motor Carrier Safety Administration
docket relating to qualifications of drivers with diabetes.
(b) NO HISTORY OF DRIVING WHILE USING INSULIN
REQUIRED FOR QUALIFICATION.—The Secretary may not
require individuals to have experience operating commer-
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cial motor vehicles while using insulin in order to qualify
to operate a commercial motor vehicle in interstate com-
merce.
(c) HISTORY OF DIABETES CONTROL.—The Secretary
may require an individual to have used insulin for a min-
imum period of time and demonstrated stable control of di-
abetes in order to qualify to operate a commercial motor
vehicle in interstate commerce. Any such requirement, in-
cluding any requirement with respect to the duration of
such insulin use, shall be consistent with the findings of
the expert medical panel reported in July 2000 in ‘‘A Re-
port to Congress on the Feasibility of a Program to Qualify
Individuals with Insulin-Treated Diabetes Mellitus to Op-
erate Commercial Motor Vehicles in Interstate Commerce
as Directed by the Transportation Equity Act for the 21st
Century’’.
(d) APPLICABLE STANDARD.—The Secretary shall en-
sure that individuals who use insulin to treat their diabetes
are not held to a higher standard than other qualified com-
mercial drivers, except to the extent that limited operating,
monitoring, or medical requirements are deemed medically
necessary by experts in the field of diabetes medicine.
SEC. 
7112. 
FINANCIAL 
RESPONSIBILITY 
FOR 
PRIVATE
MOTOR CARRIERS.
(a) TRANSPORTATION OF PASSENGERS.—
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(1) Section 31138(a) is amended to read as fol-
lows:
‘‘(a) GENERAL
REQUIREMENT.—The Secretary of
Transportation shall prescribe regulations to require min-
imum levels of financial responsibility sufficient to satisfy
liability amounts established by the Secretary covering pub-
lic liability and property damage for the transportation of
passengers by motor vehicle in the United States between
a place in a State and—
‘‘(1) a place in another State;
‘‘(2) another place in the same State through a
place outside of that State; or
‘‘(3) a place outside the United States.’’.
(2) Section 31138(c) is amended by adding at
the end the following:
‘‘(4) The Secretary may require a person, other
than a motor carrier as defined in section 13102(12)
of this title, transporting passengers by motor vehicle
to file with the Secretary the evidence of financial re-
sponsibility specified in subsection (c)(1) of this sec-
tion in an amount not less than that required by this
section, and the laws of the State or States in which
the person is operating, to the extent applicable. The
extent of the financial responsibility must be suffi-
cient to pay, not more than the amount of the finan-
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cial responsibility, for each final judgment against
the person for bodily injury to, or death of, an indi-
vidual resulting from the negligent operation, mainte-
nance, or use of motor vehicles, or for loss or damage
to property, or both.’’.
(b) TRANSPORTATION OF PROPERTY.—Section 31139
is amended—
(1) by striking so much of subsection (b) as pre-
cedes paragraph (2) and inserting the following:
‘‘(b) 
GENERAL
REQUIREMENTS
AND
MINIMUM
AMOUNT.—
‘‘(1) The Secretary of Transportation shall pre-
scribe regulations to require minimum levels of finan-
cial responsibility sufficient to satisfy liability
amounts established by the Secretary covering public
liability, property damage, and environmental res-
toration for the transportation of property by motor
vehicle in the United States between a place in a
State and—
‘‘(A) a place in another State;
‘‘(B) another place in the same State
through a place outside of that State; or
‘‘(C) a place outside the United States.’’;
(2) by aligning the left margin of paragraph (2)
of subsection (b) with the left margin of paragraph
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(1) of that subsection (as amended by paragraph (1)
of this subsection); and
(3) by redesignating subsection (c) through (g) as
subsections (d) through (h), respectively, and inserting
after subsection (b) the following:
‘‘(c) FILING OF EVIDENCE OF FINANCIAL RESPONSI-
BILITY.—The Secretary may require a motor private car-
rier, as defined in section 13102 of this title, to file with
the Secretary the evidence of financial responsibility speci-
fied in subsection (b) of this section in an amount not less
than that required by this section, and the laws of the State
or States in which the motor private carrier is operating,
to the extent applicable. The amount of the financial re-
sponsibility must be sufficient to pay, not more than the
amount of the financial responsibility, for each final judg-
ment against the motor private carrier for bodily injury
to, or death of, an individual resulting from negligent oper-
ation, maintenance, or use of motor vehicles, or for loss or
damage to property, or both.’’.
SEC. 7113. INCREASED PENALTIES FOR OUT-OF-SERVICE
VIOLATIONS AND FALSE RECORDS.
(a) Section 521(b)(2)(B) is amended to read as follows:
‘‘(B) RECORDKEEPING AND REPORTING VIOLA-
TIONS.—A person required to make a report to the
Secretary, answer a question, or make, prepare, or
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preserve a record under section 504 of this title or
under any regulation issued by the Secretary pursu-
ant 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 mi-
grant 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 truthfully answer
that question in 30 days from the date the Sec-
retary requires the question to be answered, or
does not make, prepare, or preserve that record
in the form and manner prescribed by the Sec-
retary, 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 offense, except that the
total of all civil penalties assessed against any
violator for all offenses related to any single vio-
lation shall not exceed $10,000; or
‘‘(ii) who knowingly falsifies, destroys, mu-
tilates, or changes a required report or record,
knowingly files a false report with the Secretary,
knowingly makes or causes or permits to be
made a false or incomplete entry in that record
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about an operation or business fact or trans-
action, or knowingly makes, prepares, or pre-
serves 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 constitutes a violation other than a
reporting or recordkeeping violation.’’.
(b) Section 31310(i)(2) is amended to read as follows:
‘‘(2) The Secretary shall prescribe regulations es-
tablishing sanctions and penalties related to viola-
tions of out-of-service orders by individuals operating
commercial motor vehicles. The regulations shall re-
quire at least that—
‘‘(A) an operator of a commercial motor ve-
hicle 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;
‘‘(B) an operator of a commercial motor ve-
hicle found to have committed a second violation
of an out-of-service order shall be disqualified
from operating such a vehicle for at least 2 years
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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 1 year or a fine under title
18, United States Code, or both.’’.
SEC. 7114. INTRASTATE OPERATIONS OF INTERSTATE
MOTOR CARRIERS.
(a) Subsection (a) of section 31144 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
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interstate commerce within the United States, and in
Canada and Mexico if the owner or operator also con-
ducts operations within the United States;
‘‘(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) Subsection (c) of section 31144 is amended by add-
ing 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) of
this section may not operate any commercial motor
vehicle that affects interstate commerce until the Sec-
retary determines that such owner or operator is fit.’’.
(c) Section 31144 is amended by redesignating sub-
sections (d), (e), and the second subsection (c) as subsections
(e), (f), and (g), respectively, and inserting after subsection
(c) the following:
‘‘(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 deter-
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mines, 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-
cipal place of business in that State and operates in intra-
state commerce is unfit under such standards and prohibits
the owner or operator from operating such vehicles in the
State, the Secretary shall prohibit the owner or operator
from operating such vehicles in interstate commerce until
the State determines that the owner or operator is fit.’’.
SEC. 7115. AUTHORITY TO STOP COMMERCIAL MOTOR VEHI-
CLES.
(a) IN GENERAL.—Chapter 2 of title 18, United States
Code, is amended by adding at the end the following:
‘‘§ 39. Commercial motor vehicles required to stop for
inspections
‘‘(a) A driver of a commercial motor vehicle, as defined
in section 31132(1) of title 49, shall stop and submit to
inspection of the vehicle, driver, cargo, and required records
when directed to do so by an authorized employee of the
Federal Motor Carrier Safety Administration, Department
of Transportation, at or in the vicinity of an inspection
site. The driver shall not leave the inspection site until au-
thorized to do so by an authorized employee.
‘‘(b) A driver of a commercial motor vehicle, as defined
in subsection (a), who knowingly fails to stop for inspection
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when directed to do so by an authorized employee 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 im-
prisoned not more than 1 year, or both.’’.
(b) AUTHORITY OF FMCSA.—Chapter 203 of title 18,
United States Code, is amended by adding at the end the
following:
‘‘§ 3064. Powers of Federal Motor Carrier Safety Ad-
ministration
‘‘Authorized employees of the Federal Motor Carrier
Safety Administration may direct a driver of a commercial
motor vehicle, as defined in 49 U.S.C. 31132(1), to stop
for inspection of the vehicle, driver, cargo, and required
records at or in the vicinity of an inspection site.’’.
(c) CONFORMING AMENDMENTS.—
(1) The chapter analysis for chapter 2 of title 18,
United States Code, is amended by inserting after the
item relating to section 38 the following:
‘‘39. Commercial motor vehicles required to stop for inspections.’’.
(2) The chapter analysis for chapter 203 of title
18, United States Code, is amended by inserting after
the item relating to section 3063 the following:
‘‘3064. Powers of Federal Motor Carrier Safety Administration.’’.
SEC. 7116. REVOCATION OF OPERATING AUTHORITY.
Section 13905(e) is amended—
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(1) by striking paragraph (1) and inserting the
following:
‘‘(1) PROTECTION OF SAFETY.—Notwithstanding
subchapter II of chapter 5 of title 5, the Secretary—
‘‘(A) may suspend the registration of a
motor carrier, a freight forwarder, or a broker
for failure to comply with requirements of the
Secretary pursuant to section 13904(c) or 13906
of this title, or an order or regulation of the Sec-
retary prescribed under those sections; and
‘‘(B) shall revoke the registration of a motor
carrier that has been prohibited from operating
in interstate commerce for failure to comply with
the safety fitness requirements of section 31144 of
this title.’’;
(2) by striking ‘‘may suspend a registration’’ in
paragraph (2) and inserting ‘‘shall revoke the reg-
istration’’; and
(3) by striking paragraph (3) and inserting the
following:
‘‘(3) NOTICE; PERIOD OF SUSPENSION.—The Sec-
retary may suspend or revoke under this subsection
the registration only after giving notice of the suspen-
sion or revocation to the registrant. A suspension re-
mains in effect until the registrant complies with the
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applicable sections or, in the case of a suspension
under paragraph (2), until the Secretary revokes the
suspension.’’.
SEC. 7117. PATTERN OF SAFETY VIOLATIONS BY MOTOR
CARRIER MANAGEMENT.
(a) IN GENERAL.—Section 31135 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Each’’; and
(2) by adding at the end the following:
‘‘(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-com-
pliance, with regulations on commercial motor vehicle safe-
ty prescribed under this subchapter, the Secretary may sus-
pend, amend, or revoke any part of the motor carrier’s reg-
istration under section 13905 of this title.
‘‘(c) REGULATIONS.—Within 1 year after the date of
enactment of the Motor Carrier Safety Reauthorization Act
of 2005, the Secretary shall by regulation establish stand-
ards to implement subsection (b).
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) MOTOR CARRIER.—The term ‘motor carrier’
has the meaning given the term in section 13102(12)
of this title.
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‘‘(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 the
motor carrier.’’.
(b) CROSS-REFERENCE.—Section 13902(a)(1)(B) is
amended to read as follows:
‘‘(B) any safety regulations imposed by the Sec-
retary, the duties of employers and employees estab-
lished by the Secretary under section 31135, and the
safety fitness requirements established by the Sec-
retary under section 31144; and’’.
SEC. 7118. MOTOR CARRIER RESEARCH AND TECHNOLOGY
PROGRAM.
(a) IN GENERAL.—Section 31108 is amended to read
as follows:
‘‘§ 31108. Motor carrier research and technology pro-
gram
‘‘(a) RESEARCH, TECHNOLOGY, AND TECHNOLOGY
TRANSFER ACTIVITIES.—
‘‘(1) The Secretary of Transportation shall estab-
lish and carry out a motor carrier and motor coach
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research and technology program. The Secretary may
carry out research, development, technology, and tech-
nology 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 se-
verity of accidents, injuries and fatalities involv-
ing commercial motor vehicles.
‘‘(2) The Secretary may test, develop, or assist in
testing and developing any material, invention, pat-
ented 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.
‘‘(4) The Secretary may carry out this section—
‘‘(A) independently;
‘‘(B) in cooperation with other Federal de-
partments, agencies, and instrumentalities and
Federal laboratories; or
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‘‘(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 programs
under this section.
‘‘(b) COLLABORATIVE
RESEARCH
AND
DEVELOP-
MENT.—
‘‘(1) To advance innovative solutions 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-
leges and universities, corporations, institutions,
partnerships, and sole proprietorships that are
incorporated or established under the laws of any
State; and
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‘‘(B) Federal laboratories.
‘‘(2) In carrying out this subsection, the Sec-
retary may enter into cooperative research and devel-
opment 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 activities
carried out under a cooperative research and develop-
ment agreement entered into under this subsection
shall not exceed 50 percent, except that if there is sub-
stantial 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 activi-
ties described in subparagraph (A).
‘‘(4) The research, development, or use of a tech-
nology under a cooperative research and development
agreement entered into under this subsection, includ-
ing the terms under which the technology may be li-
censed 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.).
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‘‘(c) AVAILABILITY OF AMOUNTS.—The amounts made
available under section 7103(a) of the Motor Carrier Safety
Reauthorization Act of 2005 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
7103(a) of the Motor Carrier Safety Reauthorization Act
of 2005 to carry out this section imposes upon the United
States Government a contractual obligation for payment of
the Government’s share of costs incurred in carrying out
the objectives of the grant.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 311 is amended by striking the item relating
to section 31108, and inserting the following:
‘‘31108. Motor carrier research and technology program.’’.
SEC. 7119. INTERNATIONAL COOPERATION.
(a) IN GENERAL.—Chapter 311 is amended by insert-
ing 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, commercial motor vehicle, driver, and highway
safety by such means as exchanging information, con-
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ducting research, and examining needs, best practices, and
new technology.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis for
chapter 311 is amended by adding at the end the following:
‘‘SUBCHAPTER IV—MISCELLANEOUS
‘‘31161. International cooperation.’’.
SEC. 7120. PERFORMANCE AND REGISTRATION INFORMA-
TION SYSTEM MANAGEMENT.
(a) IN GENERAL.—Section 31106(b) is amended—
(1) by striking paragraphs (2) and (3) and in-
serting 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.
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‘‘(3) CONDITIONS FOR PARTICIPATION.—The Sec-
retary shall require States, as a condition of partici-
pation in the program, to—
‘‘(A) comply with the uniform policies, pro-
cedures, and technical and operational standards
prescribed by the Secretary under subsection
(a)(4);
‘‘(B) possess the authority to impose sanc-
tions relating to commercial motor vehicle reg-
istration on the basis of a Federal safety fitness
determination; and
‘‘(C) cancel the motor vehicle registration
and seize the registration plates of an employer
found liable under section 31310(i)(2)(C) of this
title for knowingly allowing or requiring an em-
ployee to operate a commercial motor vehicle in
violation of an out-of-service order.’’; and
(2) by striking paragraph (4).
(b) PERFORMANCE AND REGISTRATION INFORMATION
SYSTEM MANAGEMENT GRANTS.—
(1) Subchapter I of chapter 311, as amended by
section 7118 of this chapter, is further amended by
adding at the end the following:
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‘‘§ 31109. Performance and Registration Information
System Management
‘‘(a) IN GENERAL.—From the funds authorized by sec-
tion 7103(b)(2) of the Motor Carrier Safety Reauthoriza-
tion Act of 2005, the Secretary may make a grant in a
fiscal year to a State to implement the performance and
registration information system management requirements
of section 31106(b).
‘‘(b) AVAILABILITY
OF AMOUNTS.—Amounts made
available to a State under section 7103(b)(2) of the Motor
Carrier Safety Reauthorization Act of 2005 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 7103(b)(2) of
the Motor Carrier Safety Reauthorization Act of 2005 to
carry out this section is a contractual obligation of the Gov-
ernment for payment of the amount of the grant.’’.
(2) CONFORMING
AMENDMENT.—The chapter
analysis for chapter 311 is amended by inserting
after the item relating to section 31108 the following:
‘‘31109. Performance and Registration Information System Management.’’.
SEC. 7121. COMMERCIAL VEHICLE INFORMATION SYSTEMS
AND NETWORKS DEPLOYMENT.
(a) IN GENERAL.—Subchapter III of chapter 311, as
amended by section 7110, is amended by adding at the end
the following:
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‘‘§ 31151. Commercial vehicle information systems and
networks
‘‘(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
‘‘(2) reduce costs associated with commercial ve-
hicle operations and Federal and State commercial
vehicle regulatory requirements.
‘‘(b) PURPOSE.—The program shall advance the tech-
nological capability and promote the deployment of intel-
ligent transportation system applications for commercial
vehicle operations, including commercial vehicle, commer-
cial 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) ELIGIBILITY.—To be eligible for a core de-
ployment grant under this section, a State—
‘‘(A) shall have a commercial vehicle infor-
mation systems and networks program plan and
a system design approved by the Secretary;
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‘‘(B) shall certify to the Secretary that its
commercial vehicle information systems and net-
works deployment activities, including hardware
procurement, software and system development,
and infrastructure modifications, are consistent
with the national intelligent transportation sys-
tems and commercial vehicle information sys-
tems and networks architectures and available
standards, and promote interoperability and effi-
ciency to the extent practicable; and
‘‘(C) shall agree to execute interoperability
tests developed by the Federal Motor Carrier
Safety Administration to verify that its systems
conform with the national intelligent transpor-
tation systems architecture, applicable stand-
ards, and protocols for commercial vehicle infor-
mation systems and networks.
‘‘(3) AMOUNT OF GRANTS.—The maximum ag-
gregate amount a State may receive under this sec-
tion for the core deployment of commercial vehicle in-
formation systems and networks may not exceed
$2,500,000.
‘‘(4) USE
OF
FUNDS.—Funds from a grant
under this subsection may only be used for the core
deployment of commercial vehicle information systems
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and networks. Eligible States that have either com-
pleted the core deployment of commercial vehicle in-
formation systems and networks or completed such de-
ployment before core deployment grant funds are ex-
pended may use the remaining core deployment grant
funds for the expanded deployment of commercial ve-
hicle information systems and networks in their
State.
‘‘(d) EXPANDED DEPLOYMENT GRANTS.—
‘‘(1) IN GENERAL.—For each fiscal year, from
the funds remaining after the Secretary has made
core deployment grants under subsection (c) of this
section, the Secretary may make grants to each eligi-
ble State, upon request, for the expanded deployment
of commercial vehicle information systems and net-
works.
‘‘(2) ELIGIBILITY.—Each State that has com-
pleted the core deployment of commercial vehicle in-
formation systems and networks is eligible for an ex-
panded deployment grant.
‘‘(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.
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‘‘(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.
‘‘(e) 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.
‘‘(f) AVAILABILITY OF FUNDS.—Funds authorized to be
appropriated under section 7103(b)(4) of the Motor Carrier
Safety Reauthorization Act of 2005 shall be available for
obligation in the same manner and to the same extent as
if such funds were apportioned under chapter 1 of title 23,
United States Code, except that such funds shall remain
available until expended.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) COMMERCIAL VEHICLE INFORMATION SYS-
TEMS AND NETWORKS.—The term ‘commercial vehicle
information systems and networks’ means the infor-
mation systems and communications networks that
provide the capability to—
‘‘(A) improve the safety of commercial vehi-
cle operations;
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‘‘(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;
‘‘(D) enhance the safe passage of commercial
vehicles across the United States and across
international borders; and
‘‘(E) promote the communication of infor-
mation 
among 
the 
States 
and 
encourage
multistate cooperation and corridor development.
‘‘(2) COMMERCIAL VEHICLE OPERATIONS.—The
term ‘commercial vehicle operations’—
‘‘(A) means motor carrier operations and
motor vehicle regulatory activities associated
with the commercial movement of goods, includ-
ing hazardous materials, and passengers; and
‘‘(B) with respect to the public sector, in-
cludes the issuance of operating credentials, the
administration of motor vehicle and fuel taxes,
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and roadside safety and border crossing inspec-
tion and regulatory compliance operations.
‘‘(3) CORE
DEPLOYMENT.—The term ‘core de-
ployment’ means the deployment of systems in a
State necessary to provide the State with the fol-
lowing capabilities:
‘‘(A) SAFETY
INFORMATION
EXCHANGE.—
Safety information exchange to—
‘‘(i) electronically collect and transmit
commercial vehicle and driver inspection
data at a majority of inspection sites;
‘‘(ii) connect to the Safety and Fitness
Electronic Records system for access to
interstate carrier and commercial vehicle
data, summaries of past safety performance,
and commercial vehicle credentials informa-
tion; and
‘‘(iii) exchange carrier data and com-
mercial vehicle safety and credentials infor-
mation within the State and connect to
Safety and Fitness Electronic Records for
access to interstate carrier and commercial
vehicle data.
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‘‘(B) INTERSTATE
CREDENTIALS
ADMINIS-
TRATION.—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 subsequently ex-
tend this processing to other credentials, in-
cluding intrastate, titling, oversize/over-
weight, carrier registration, and hazardous
materials;
‘‘(ii) connect to the International Reg-
istration Plan and International Fuel Tax
Agreement clearinghouses; and
‘‘(iii) have at least 10 percent of the
transaction volume handled electronically,
and have the capability to add more car-
riers and to extend to branch offices where
applicable.
‘‘(C) 
ROADSIDE
SCREENING.—Roadside
electronic screening to electronically screen trans-
ponder-equipped commercial vehicles at a min-
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imum of 1 fixed or mobile inspection sites and
to replicate this screening at other sites.
‘‘(4) EXPANDED
DEPLOYMENT.—The term ‘ex-
panded deployment’ means the deployment of systems
in a State that exceed the requirements of an core de-
ployment of commercial vehicle information systems
and networks, improve safety and the productivity of
commercial vehicle operations, and enhance transpor-
tation security.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 311 is amended by inserting after the item relat-
ing to section 31150 the following:
‘‘31151. Commercial vehicle information systems and networks’’.
SEC. 7122. OUTREACH AND EDUCATION.
(a) IN GENERAL.—The Secretary of Transportation,
through the National Highway Traffic Safety Administra-
tion and the Federal Motor Carrier Safety Administration,
may undertake outreach and education initiatives, includ-
ing the ‘‘Share the Road Safely’’ program, that will reduce
the number of highway accidents, injuries, and fatalities
involving commercial motor vehicles.
(b) STUDY.—The Comptroller General shall update the
Government Accountability Office’s evaluation of the
‘‘Share the Road Safely’’ program to determine if it has
achieved reductions in the number and severity of commer-
cial motor vehicle crashes, including reductions in the num-
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ber of deaths and the severity of injuries sustained in these
crashes, and shall report its updated evaluation to Congress
no later than June 30, 2006.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary for each of
fiscal years 2006 through 2009 to carry out this section—
(1) $1,000,000 for the Federal Motor Carrier
Safety Administration; and
(2) $3,000,000 for the National Highway Traffic
Safety Administration.
SEC. 7123. FOREIGN COMMERCIAL MOTOR VEHICLES.
(a) OPERATING AUTHORITY ENFORCEMENT ASSIST-
ANCE FOR STATES.—Within 180 days after the date of en-
actment of this Act, the Federal Motor Carrier Safety Ad-
ministration shall conduct outreach and provide training
as necessary to State personnel engaged in the enforcement
of Federal Motor Carrier Safety Administration safety reg-
ulations to ensure their awareness of the process to be used
for verification of the operating authority of motor carriers,
including buses, and to ensure proper enforcement when
motor carriers are found to be in violation of operating au-
thority requirements. The Inspector General of the Depart-
ment of Transportation may periodically assess the imple-
mentation and effectiveness of the training and outreach
program.
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(b) STUDY OF FOREIGN COMMERCIAL MOTOR VEHI-
CLES.—
(1) REVIEW.—Within 1 year after the date of en-
actment of this Act, the Federal Motor Carrier Safety
Administration shall conduct a review to determine
the degree to which Canadian and Mexican commer-
cial motor vehicles, including buses, currently oper-
ating or expected to operate, in the United States
comply with the Federal Motor Vehicle Safety Stand-
ards.
(2) REPORTS.—Within 1 year after the date of
enactment of this Act, the Adminstrator shall trans-
mit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and Infra-
structure containing the findings and conclusions of
the review. Within 4 months after the report is trans-
mitted to the Committees, the Inspector General of the
Department of Transportation shall provide com-
ments and observations to the Committees on the
scope and methodology of the review.
SEC. 7124. PRE-EMPLOYMENT SAFETY SCREENING.
(a) IN GENERAL.—Subchapter III of chapter 311, as
amended by section 7121, is amended by adding at the end
the following:
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‘‘§ 31152. Pre-employment safety screening
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall provide companies conducting pre-employment screen-
ing services for the motor carrier industry electronic access
to—
‘‘(1) commercial motor vehicle accident report
information contained in the Motor Carrier Manage-
ment Information System; and
‘‘(2) all driver safety violations contained in the
Motor Carrier Management Information System.
‘‘(b) ESTABLISHMENT.—Prior to making information
available to such companies under subsection (a), the Sec-
retary shall—
‘‘(1) ensure that any information released is
done in accordance with the Fair Credit Reporting
Act (15 U.S.C. 1681 et seq.) and all applicable Fed-
eral laws;
‘‘(2) require the driver applicant’s written con-
sent as a condition of releasing the information;
‘‘(3) ensure that the information made available
to companies providing pre-employment screening
services is not released to any other unauthorized
company or individual, unless expressly authorized or
required by law; and
‘‘(4) provide a procedure for drivers to remedy
incorrect information in a timely manner.
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‘‘(c) DESIGN.—To be eligible to have access to informa-
tion under subsection (a), a company conducting pre-em-
ployment screening services for the motor carrier industry
shall utilize a screening process—
‘‘(1) that is designed to assist the motor carrier
industry in assessing an individual driver’s crash
and safety violation history as a pre-employment con-
dition;
‘‘(2) the use of which is not mandatory; and
‘‘(3) which is used only during the pre-employ-
ment assessment of a driver-applicant.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 311, as amended by section 7121, is amended
by inserting after the item relating to section 31151 the fol-
lowing:
‘‘31152. Pre-employment safety screening.’’.
SEC. 7125. CLASS OR CATEGORY EXEMPTIONS.
(a) IN GENERAL.—The Secretary of Transportation
may grant exemptions for categories or classes of drivers
of commercial motor vehicles not required to hold a commer-
cial driver’s license under section 31301(4) of title 49,
United States Code, from compliance in whole or in part
with a regulation issued under chapter 315 of title 49,
United States Code, or with regulations issued under sec-
tion 31502 of that title governing hours of service if the
Secretary determines that it is in the public interest to
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grant the exemption and that the exemption is likely to
achieve a level of safety that is equivalent to, or greater
than, the level of safety that would be obtained in the ab-
sence of the exemption subject to such conditions as the Sec-
retary may impose. An exemption may be granted for no
longer than 2 years from its initial approval date and may
be renewed upon application to the Secretary.
(b) AUTHORITY TO REVOKE EXEMPTION.—The Sec-
retary shall immediately revoke an exemption if—
(1) the exemption has resulted in a lower level
of safety than was maintained before the exemption
was granted; or
(2) continuation of the exemption would not be
consistent with the goals and objectives of that chapter
or section 31136, as the case may be.
(c) REQUESTS FOR EXEMPTION.—
(1) INTERIM FINAL RULE.—Not later than 180
days after the date of enactment of this Act, the Sec-
retary shall specify by interim final rule the proce-
dures by which an exemption for a category or class
of drivers may be requested under this section. The
rule shall, at a minimum, require the motor carrier
or other entity requesting the exemption to provide
the following information:
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(A) The provisions from which the motor carrier
or other entity requests exemption.
(B) The reason for which the exemption is re-
quested.
(C) The time period during which the requested
exemption would apply.
(D) An analysis of the safety impacts the re-
quested exemption may cause.
(E) The specific countermeasures the motor car-
rier or other entity will undertake to ensure an equiv-
alent or greater level of safety than would be achieved
absent the requested exemption.
(F) The benefits to be derived from the exemp-
tion.
(2) FINAL RULE.—Not later than 2 years after
the date of enactment of this Act, and after notice and
an opportunity for comment, the Secretary shall pro-
mulgate a final rule specifying the procedures by
which an exemption for a category or class of drivers
may be requested under this section.
(d) NOTICE AND COMMENT.—
(1) UPON RECEIPT OF A REQUEST.—Upon re-
ceipt of an exemption request, the Secretary shall
publish in the Federal Register a notice explaining
the request that has been filed and shall give the pub-
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lic an opportunity to inspect the safety analysis and
any other relevant information known to the Sec-
retary and to comment on the request. This subpara-
graph does not require the release of information pro-
tected by law from public disclosure.
(2) UPON GRANTING A REQUEST.—Upon grant-
ing a request for exemption, the Secretary shall pub-
lish in the Federal Register the name of the motor
carrier or other entity granted the exemption, the pro-
visions from which the category or class of vehicles
will be exempt, the effective period, and all terms and
conditions of the exemption.
(3) AFTER DENYING A REQUEST.—After denying
a request for exemption, the Secretary shall publish in
the Federal Register the name of the motor carrier or
other entity denied the exemption, the category or
class of vehicles for which the exemption was re-
quested, and the reasons for such denial. The Sec-
retary may meet the requirement of this subpara-
graph by periodically publishing in the Federal Reg-
ister the names of motor carriers or other entities de-
nied exemptions, the categories or classes of vehicles
for which the exemption was requested, and the rea-
sons for such denials.
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(e) APPLICATIONS TO BE DEALT WITH PROMPTLY.—
The Secretary shall grant or deny an exemption request
after a thorough review of its safety implications, but in
no case later than 90 days after the filing date of such re-
quest.
(f) TERMS AND CONDITIONS.—The Secretary shall es-
tablish terms and conditions for each exemption to ensure
that it will likely achieve a level of safety that is equivalent
to, or greater than, the level that would be achieved absent
such exemption. The Secretary shall monitor the implemen-
tation of the exemption to ensure compliance with its terms
and conditions.
(g) NOTIFICATION OF STATE COMPLIANCE AND EN-
FORCEMENT PERSONNEL.—Before granting a request for
exemption, the Secretary shall notify State safety compli-
ance and enforcement personnel, including roadside inspec-
tors, and the public that a motor carrier or other entity
will be operating pursuant to an exemption and any terms
and conditions that will apply to the exemption.
(h) PREEMPTION OF STATE RULES.—During the time
period that an exemption is in effect under this section, no
State shall enforce any law or regulation that conflicts with
or is inconsistent with the exemption with respect to the
category or class of vehicles to which the exemption applies.
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SEC. 7126. DECALS.
The Commercial Vehicle Safety Alliance may not re-
strict the sale of any inspection decal to the Federal Motor
Carrier Safety Administration unless the Administration
fails to meet its responsibilities under its memorandum of
understanding with the Alliance (other than a failure due
to the Administration’s compliance with Federal law).
SEC. 7127. ROADABILITY.
(a) INSPECTION, REPAIR
AND
MAINTENANCE
OF
INTERMODAL EQUIPMENT.—
(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the Secretary, after
providing notice and opportunity for comment, shall
issue regulations establishing a program to ensure
that intermodal equipment used to transport inter-
modal containers is safe and systematically main-
tained.
(2) INTERMODAL EQUIPMENT SAFETY REGULA-
TIONS.—The Secretary shall promulgate regulations
under this section as a subpart of the regulations of
the Federal Motor Carrier Safety Administration of
the Department of Transportation.
(3) CONTENTS.—The regulations issued under
this section shall include, at a minimum—
(A) a requirement to identify intermodal
equipment providers responsible for the inspec-
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tion and maintenance of intermodal equipment
that is interchanged or intended for interchange
to motor carriers in intermodal transportation;
(B) a requirement to match intermodal
equipment readily to an intermodal equipment
provider through a unique identifying number;
(C) a requirement that an intermodal
equipment provider identified under the require-
ment of subparagraph (A) systematically inspect,
repair, and maintain, or cause to be systemati-
cally inspected, repaired, and maintained, inter-
modal equipment described in subparagraph (A)
that is intended for interchange with a motor
carrier;
(D) a requirement to ensure that each inter-
modal equipment provider identified under the
requirement of subparagraph (A) maintains a
system of maintenance and repair records for
such equipment;
(E) requirements that—
(i) a specific list of intermodal equip-
ment components or items be identified for
the visual or audible inspection of which a
driver is responsible before operating the
equipment over the road; and
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(ii) the inspection be conducted as part
of the Federal requirement in effect on the
date of enactment of this Act that a driver
be satisfied that the components are in good
working order before operating the equip-
ment over the road;
(F) a requirement that a facility at which
an intermodal equipment provider regularly
makes equipment available for interchange have
an operational process and space readily avail-
able for a motor carrier to have an equipment
defect identified pursuant to subparagraph (E)
repaired or the equipment replaced prior to de-
parture;
(G) a provision that establishes a program
for the evaluation and audit of compliance by
intermodal equipment providers with applicable
Federal Motor Carrier Safety Administration
regulations;
(H) a provision that—
(i) establishes a civil penalty structure
consistent with section 521(b) of title 49,
United States Code, for intermodal equip-
ment providers that fail to attain satisfac-
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tory compliance with applicable regula-
tions; and
(ii) prohibits intermodal equipment
providers from placing intermodal equip-
ment in service on the public highways to
the extent such providers or their equipment
are found to pose an imminent hazard;
(I) a provision that establishes a process by
which motor carriers and agents of motor car-
riers may request the Federal Motor Carrier
Safety Administration to undertake an inves-
tigation of an intermodal equipment provider
identified under the requirement of subpara-
graph (A) that is alleged to be not in compliance
with the regulations established pursuant to this
section;
(J) a provision that establishes a process by
which equipment providers and agents of equip-
ment providers may request the Federal Motor
Carrier Safety Administration to undertake an
investigation of a motor carrier that is alleged to
be not in compliance with applicable Federal
motor carrier safety regulations;
(K) a provision that establishes a process by
which drivers or motor carriers are required to
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report any actual damage or defect in the inter-
modal equipment of which the driver or motor
carrier is aware at the time the intermodal
equipment is returned to the equipment provider;
(L) a requirement that any actual damage
or defect identified in the process established
under subparagraph (K) be repaired before the
equipment is made available for interchange to
a motor carrier, and that repairs of equipment
made pursuant to the requirements of this sub-
paragraph and reports made pursuant to sub-
paragraph (K) process be documented in the
maintenance records for such equipment; and
(M) a procedure under which motor car-
riers, drivers and intermodal equipment pro-
viders may seek correction of their safety records
through the deletion from those records of viola-
tions of safety regulations attributable to defi-
ciencies in the intermodal chassis or trailer for
which they should not have been held responsible.
(4) DEADLINE FOR RULEMAKING PROCEEDING.—
Within 120 days after the date of enactment of this
Act, the Secretary shall initiate a rulemaking pro-
ceeding for regulations under this section.
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(b) JURISDICTION OF DEPARTMENT OF TRANSPOR-
TATION.—Section 31136 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 related
maintenance and repair records for such equipment, on de-
mand and display of proper credentials.
‘‘(h) OUT-OF-SERVICE UNTIL REPAIR.—Any inter-
modal equipment that is determined under this section to
fail to comply with applicable safety regulations may be
placed out of service and may not be used on a public high-
way until the repairs necessary to bring such equipment
into compliance have been completed. Repairs of equipment
taken out of service shall be documented in the maintenance
records for such equipment.’’.
(c) PREEMPTION OF STATE LAWS.—
(1) IN GENERAL.—Section 31141 is amended by
adding at the end the following:
‘‘(h) PREEMPTION GENERALLY.—Except as otherwise
authorized by law and as provided in subsection (i), a law,
regulation, order, or other requirement of a State, a polit-
ical subdivision of a State, or a tribal organization, is pre-
empted if such law, regulation, order, or other requirement
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exceeds or is inconsistent with a requirement imposed under
or pursuant to this chapter.
‘‘(i) PRE-EXISTING STATE REQUIREMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a State requirement for the periodic in-
spection of intermodal chassis by intermodal equip-
ment providers that was in effect on January 1, 2005,
shall remain in effect only until the date on which re-
quirements prescribed under section 7127 of the Sur-
face Transportation Safety Improvement Act of 2005
take effect.
‘‘(2) NON-PREEMPTION DETERMINATIONS.—
‘‘(A) IN
GENERAL.—A State requirement
described in paragraph (1) is not preempted by
a Federal requirement prescribed under section
7127 of that Act if the Secretary determines that
the State requirement is as effective as the Fed-
eral requirement and does not unduly burden
interstate commerce.
‘‘(B) APPLICATION
REQUIRED.—Subpara-
graph (A) applies to a State requirement only if
the State applies to the Secretary for a deter-
mination under this paragraph with respect to
the requirement before the date on which require-
ments prescribed under section 7127 of that Act
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take effect. The Secretary shall make a deter-
mination with respect to any such application
within 6 months after the date on which the Sec-
retary receives the application.
‘‘(C) AMENDED
STATE
REQUIREMENTS.—
Any amendment to a State requirement not pre-
empted under this subsection because of a deter-
mination by the Secretary under subparagraph
(A) may not take effect unless—
‘‘(i) it is submitted to the Secretary be-
fore the effective date of the amendment;
and
‘‘(ii) the Secretary determines that the
amendment would not cause the State re-
quirement to be less effective than the Fed-
eral requirement and would not unduly
burden interstate commerce.
(2) 
CONFORMING
AMENDMENT.—Section
31141(c)(1) is amended by striking ‘‘The Secretary’’
the first place it appears and inserting ‘‘Except as
provided by subsection (h), the Secretary’’.
(d) DEFINITIONS.—In this section:
(1) INTERMODAL EQUIPMENT.—The term ‘‘inter-
modal equipment’’ means trailing equipment that is
used in the intermodal transportation of freight over
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public highways in interstate commerce (as defined in
section 31132 of title 49, United States Code), includ-
ing trailers and chassis.
(2) 
INTERMODAL
EQUIPMENT
INTERCHANGE
AGREEMENT.—The 
term 
‘‘Intermodal 
equipment
interchange agreement’’ means the Uniform Inter-
modal Interchange and Facilities Access Agreement or
any other written document executed by an inter-
modal equipment provider or its agent and a motor
carrier or its agent, the primary purpose of which is
to establish the responsibilities and liabilities of both
parties with respect to the interchange of the inter-
modal equipment.
(3) INTERMODAL
EQUIPMENT
PROVIDER.—The
term ‘‘intermodal equipment provider’’ means any
person that interchanges intermodal equipment with
a motor carrier pursuant to a written interchange
agreement or has a contractual responsibility for the
maintenance of the intermodal equipment.
(4) INTERCHANGE.—The term ‘‘interchange’’—
(A) means the act of providing intermodal
equipment to a motor carrier pursuant to an
Intermodal equipment interchange agreement for
the purpose of transporting the equipment for
loading or unloading by any person or repo-
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sitioning the equipment for the benefit of the
equipment provider; but
(B) does not include the leasing of equip-
ment to a motor carrier for primary use in the
motor carrier’s freight hauling operations.
SEC. 7128. MOTOR CARRIER REGULATIONS.
(a) IN GENERAL.—Section 31149, as amended by sec-
tion 7108(d), is further amended—
(1) by striking paragraph (1) of subsection (a)
and inserting the following:
‘‘(1) TRANSPORTATION OF AGRICULTURAL COM-
MODITIES
AND
FARM
SUPPLIES.—Regulations pre-
scribed by the Secretary under sections 31136 and
31502 of this title regarding maximum driving and
on-duty time for drivers used by motor carriers shall
not apply during planting and harvest periods, as de-
termined by each State, to drivers transporting agri-
cultural commodities or farm supplies for agricul-
tural 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.’’;
(2) by adding at the end of subsection (e) the fol-
lowing:
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‘‘(7) AGRICULTURAL COMMODITY.—The term ‘ag-
ricultural commodity’ means any agricultural com-
modity, non-processed food, feed, fiber, or livestock
(including livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7
U.S.C. 1471) and insects).
‘‘(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.’’.
(b) REGULATIONS FOR 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 those sections
on April 27, 2003.
(c) UTILITY SERVICE VEHICLES.—Section 31149(a)(4)
(as so transferred) is amended to read as follows:
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‘‘(4) OPERATORS
OF
UTILITY
SERVICE
VEHI-
CLES.—
‘‘(A) INAPPLICABILITY OF FEDERAL REGU-
LATIONS.—Such regulations may 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 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) by striking ‘‘Nothing’’ in subsection (b) and
inserting ‘‘Except as provided in subsection (a)(4),
nothing’’; and
(3) by striking ‘‘paragraph (2)’’ in the first sen-
tence of subsection (c) and inserting ‘‘an exemption
under paragraph (1), (2), or (4)’’.
SEC. 7129. VEHICLE TOWING.
(a) STATE LAWS RELATING TO VEHICLE TOWING.—
Section 14501(c) is amended by adding at the end the fol-
lowing:
‘‘(5) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prevent a State from requiring
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that, in the case of vehicles towed from private property
without the consent of the owner or operator of the vehicle,
towing companies have prior written authorization from
the property owner or lessee (or an employee or agent there-
of), or that such owner or lessee (or an employee or agent
thereof) be present at the time the vehicle is towed from the
property, or both.’’.
(b) PREDATORY TOW TRUCK OPERATIONS.—Within 1
year after the date of enactment of this Act, the Secretary
of Transportation, in conjunction with other appropriate
Federal agencies, shall—
(1) conduct a review of Federal, State and local
regulation of the tow truck industry before the date of
enactment of the ICC Termination Act of 1995; and
(2) conduct a study to identify issues related to
the protection of the rights of consumers who are
towed, to establish the scope and geographic reach of
any such issues identified, and to identify potential
remedies for those issues.
SEC. 7130. CERTIFICATION OF VEHICLE EMISSION PER-
FORMANCE STANDARDS.
(a) REGISTRATION
OF MOTOR CARRIERS.—Section
13902(a)(1) of title 49, United States Code (as amended
by section 7117(b)), is amended—
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(1) by redesignating subparagraphs (B) and (C)
as subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the fol-
lowing:
‘‘(B) a requirement that a motor carrier
certify that, beginning on January 1, 2007, any
vehicle operated by the motor carrier will comply
with the heavy duty vehicle and engine emissions
performance standards and related regulations
established by the Administrator of the Environ-
mental 
Protection 
Agency 
under 
section
202(a)(3) of the Clean Air Act (42 U.S.C.
7521(a)(3));’’.
(b) STUDY.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall make rec-
ommendations to Congress on methods of ensuring that
trucks built before January 1, 2007, that are operating in
the United States comply with any emissions performance
standard under the Clean Air Act (42 U.S.C. 7401 et seq.)
that was applicable to the truck on the date on which the
engine of the truck was manufactured.
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CHAPTER 2—UNIFIED CARRIER
REGISTRATION
SEC. 7131. SHORT TITLE.
This chapter may be cited as the ‘‘Unified Carrier Reg-
istration Act of 2005’’.
SEC. 7132. RELATIONSHIP TO OTHER LAWS.
Except as provided in section 14504 of title 49, United
States Code, and sections 14504a and 14506 of title 49,
United States Code, as added by this chapter, this chapter
is not intended to prohibit any State or any political sub-
division of any State from enacting, imposing, or enforcing
any law or regulation with respect to a motor carrier,
motor private carrier, broker, freight forwarder, or leasing
company that is not otherwise prohibited by law.
SEC. 7133. INCLUSION OF MOTOR PRIVATE AND EXEMPT
CARRIERS.
(a) PERSONS REGISTERED TO PROVIDE TRANSPOR-
TATION OR SERVICE AS A MOTOR CARRIER OR MOTOR PRI-
VATE CARRIER.—Section 13905 is amended by—
(1) redesignating subsections (b), (c), (d), and (e)
as subsections (c), (d), (e), and (f), respectively; and
(2) inserting after subsection (a) the following:
‘‘(b) PERSON REGISTERED WITH SECRETARY.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), any person having registered with the Sec-
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retary to provide transportation or service as a motor
carrier or motor private carrier under this title, as in
effect on January 1, 2005, but not having registered
pursuant to section 13902(a) of this title, shall be
deemed, for purposes of this part, to be registered to
provide such transportation or service for purposes of
sections 13908 and 14504a of this title.
‘‘(2) EXCLUSIVELY
INTRASTATE
OPERATORS.—
Paragraph (1) does not apply to a motor carrier or
motor private carrier (including a transporter of
waste or recyclable materials) engaged exclusively in
intrastate transportation operations.’’.
(b) SECURITY REQUIREMENT.—Section 13906(a) is
amended by—
(1) redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(2) inserting the following:
‘‘(2) SECURITY REQUIREMENT.—Not later than
120 days after the date of enactment of the Unified
Carrier Registration Act of 2005, any person, other
than a motor private carrier, registered with the Sec-
retary to provide transportation or service as a motor
carrier under section 13905(b) of this title shall file
with the Secretary a bond, insurance policy, or other
type of security approved by the Secretary, in an
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amount not less than required by sections 31138 and
31139 of this title.’’.
(c) TERMINATION
OF TRANSITION RULE.—Section
13902 is amended—
(1) by adding at the end of subsection (d) the fol-
lowing:
‘‘(3) TERMINATION.—This subsection shall cease
to be in effect on the transition termination date.’’;
and
(2) by redesignating subsection (f) as subsection
(g), and inserting after subsection (e) the following:
‘‘(f) MODIFICATION OF CARRIER REGISTRATION.—
‘‘(1) IN GENERAL.—On and after the transition
termination date, the Secretary—
‘‘(A) may not register a motor carrier
under this section as a motor common carrier or
a motor contract carrier;
‘‘(B) shall register applicants under this
section as motor carriers; and
‘‘(C) shall issue any motor carrier registered
under this section after that date a motor carrier
certificate of registration that specifies whether
the holder of the certificate may provide trans-
portation of persons, household goods, other prop-
erty, or any combination thereof.
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‘‘(2) PRE-EXISTING
CERTIFICATES
AND
PER-
MITS.—The Secretary shall redesignate any motor
carrier certificate or permit issued before the transi-
tion termination date as a motor carrier certificate of
registration. On and after the transition termination
date, any person holding a motor carrier certificate
of registration redesignated under this paragraph
may provide both contract carriage (as defined in sec-
tion 13102(4)(B) of this title) and transportation
under terms and conditions meeting the requirements
of section 13710(a)(1) of this title. The Secretary may
not, pursuant to any regulation or form issued before
or after the transition termination date, make any
distinction among holders of motor carrier certificates
of registration on the basis of whether the holder
would have been classified as a common carrier or as
a contract carrier under—
‘‘(A) subsection (d) of this section, as that
section was in effect before the transition termi-
nation date; or
‘‘(B) any other provision of this title that
was in effect before the transition termination
date.
‘‘(3) 
TRANSITION
TERMINATION
DATE
DE-
FINED.—In subsection (d) and this subsection, the
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term ‘transition termination date’ means the first day
of January occurring more than 12 months after the
date of enactment of the Unified Carrier Registration
Act of 2005.’’.
(d) CONFORMING AMENDMENTS.—
(1) CAPTION
OF
SECTION
13906.—The section
caption for section 13906 is amended by inserting
‘‘motor private carriers,’’ after ‘‘motor car-
riers,’’.
(2) CHAPTER ANALYSIS.—The chapter analysis
for chapter 139 is amended by striking the item relat-
ing to section 13906 and inserting the following:
‘‘13906. Security of motor carriers, motor private carriers, brokers, and freight
forwarders.’’.
SEC. 7134. UNIFIED CARRIER REGISTRATION SYSTEM.
(a) Section 13908 is amended to read as follows:
‘‘§ 13908. Registration and other reforms
‘‘(a) ESTABLISHMENT
OF UNIFIED CARRIER REG-
ISTRATION SYSTEM.—The Secretary, in cooperation with
the States, representatives of the motor carrier, motor pri-
vate carrier, freight forwarder and broker industries, and
after notice and opportunity for public comment, shall issue
within 1 year after the date of enactment of the Unified
Carrier Registration Act of 2005 regulations to establish,
an online, Federal registration system to be named the Uni-
fied Carrier Registration System to replace—
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‘‘(1) the current Department of Transportation
identification number system, the Single State Reg-
istration System under section 14504 of this title;
‘‘(2) the registration system contained in this
chapter and the financial responsibility information
system under section 13906; and
‘‘(3) the service of process agent systems under
sections 503 and 13304 of this title.
‘‘(b) ROLE AS CLEARINGHOUSE AND DEPOSITORY OF
INFORMATION.—The Unified Carrier Registration System
shall serve as a clearinghouse and depository of information
on, and identification of, all foreign and domestic motor
carriers, motor private carriers, brokers, and freight for-
warders, and others required to register with the Depart-
ment, including information with respect to a carrier’s safe-
ty rating, compliance with required levels of financial re-
sponsibility, and compliance with the provisions of section
14504a of this title. The Secretary shall ensure that Federal
agencies, States, representatives of the motor carrier indus-
try, and the public have access to the Unified Carrier Reg-
istration System, including the records and information
contained in the System.
‘‘(c) PROCEDURES FOR CORRECTING INFORMATION.—
Not later than 60 days after the effective date of this section,
the Secretary shall prescribe regulations establishing proce-
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dures that enable a motor carrier to correct erroneous infor-
mation contained in any part of the Unified Carrier Reg-
istration System.
‘‘(d) FEE SYSTEM.—The Secretary shall establish,
under section 9701 of title 31, a fee system for the Unified
Carrier Registration System according to the following
guidelines:
‘‘(1) REGISTRATION AND FILING EVIDENCE OF
FINANCIAL
RESPONSIBILITY.—The fee for new reg-
istrants shall as nearly as possible cover the costs of
processing the registration and conducting the safety
audit or examination, if required, but shall not exceed
$300.
‘‘(2) 
EVIDENCE
OF
FINANCIAL
RESPONSI-
BILITY.—The fee for filing evidence of financial re-
sponsibility pursuant to this section shall not exceed
$10 per filing. No fee shall be charged for a filing for
purposes of designating an agent for service of process
or the filing of other information relating to financial
responsibility.
‘‘(3) ACCESS AND RETRIEVAL FEES.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the fee system shall include a
nominal fee for the access to or retrieval of infor-
mation from the Unified Carrier Registration
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System to cover the costs of operating and up-
grading the System, including the personnel
costs incurred by the Department and the costs
of administration of the Unified Carrier Reg-
istration Agreement.
‘‘(B) EXCEPTIONS.—There shall be no fee
charged—
‘‘(i) to any agency of the Federal Gov-
ernment or a State government or any po-
litical subdivision of any such government
for the access to or retrieval of information
and data from the Unified Carrier Reg-
istration System for its own use; or
‘‘(ii) to any representative of a motor
carrier, motor private carrier, leasing com-
pany, broker, or freight forwarder (as each
is defined in section 14504a of this title) for
the access to or retrieval of the individual
information related to such entity from the
Unified Carrier Registration System for the
individual use of such entity.
‘‘(e) APPLICATION TO CERTAIN INTRASTATE OPER-
ATIONS.—Nothing in this section requires the registration
of a motor carrier, a motor private carrier of property, or
a transporter of waste or recyclable materials operating ex-
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clusively in intrastate transportation not otherwise re-
quired to register with the Secretary under another provi-
sion of this title.’’.
SEC. 7135. REGISTRATION OF MOTOR CARRIERS BY STATES.
(a) TERMINATION OF REGISTRATION PROVISIONS.—
Section 14504 is amended by adding at the end the fol-
lowing:
‘‘(d) TERMINATION OF PROVISIONS.—Subsections (b)
and (c) shall cease to be effective on the first January 1st
occurring more than 12 months after the date of enactment
of the Unified Carrier Registration Act of 2005.’’.
(b) UNIFIED CARRIER REGISTRATION SYSTEM PLAN
AND AGREEMENT.—Chapter 145 is amended by inserting
after section 14504 the following:
‘‘§ 14504a. Unified carrier registration system plan
and agreement
‘‘(a) DEFINITIONS.—In this section and section 14506
of this title:
‘‘(1) COMMERCIAL MOTOR VEHICLE.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the term ‘commercial motor
vehicle’ has the meaning given the term in sec-
tion 31101 of this title.
‘‘(B) EXCEPTION.—With respect to motor
carriers required to make any filing or pay any
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fee to a State with respect to the motor carrier’s
authority or insurance related to operation with-
in such State, the term ‘commercial motor vehi-
cle’ means any self-propelled vehicle used on the
highway in commerce to transport passengers or
property for compensation regardless of the gross
vehicle weight rating of the vehicle or the number
of passengers transported by such vehicle.
‘‘(2) BASE-STATE.—
‘‘(A) IN GENERAL.—The term ‘Base-State’
means, with respect to the Unified Carrier Reg-
istration Agreement, a State—
‘‘(i) that is in compliance with the re-
quirements of subsection (e); and
‘‘(ii) in which the motor carrier, motor
private carrier, broker, freight forwarder or
leasing company maintains its principal
place of business.
‘‘(B) DESIGNATION
OF
BASE-STATE.—A
motor carrier, motor private carrier, broker,
freight forwarder or leasing company may des-
ignate another State in which it maintains an
office or operating facility as its Base-State in
the event that—
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‘‘(i) the State in which the motor car-
rier, motor private carrier, broker, freight
forwarder or leasing company maintains its
principal place of business is not in compli-
ance with the requirements of subsection (e);
or
‘‘(ii) the motor carrier, motor private
carrier, broker, freight forwarder or leasing
company does not have a principal place of
business in the United States.
‘‘(3) INTRASTATE FEE.—The term ‘intrastate fee’
means any fee, tax, or other type of assessment, in-
cluding per vehicle fees and gross receipts taxes, im-
posed on a motor carrier or motor private carrier for
the renewal of the intrastate authority or insurance
filings of such carrier with a State.
‘‘(4) LEASING COMPANY.—The term ‘leasing com-
pany’ means a lessor that is engaged in the business
of leasing or renting for compensation motor vehicles
without drivers to a motor carrier, motor private car-
rier, or freight forwarder.
‘‘(5) MOTOR CARRIER.—The term ‘motor carrier’
has the meaning given the term in section 13102(12)
of this title, but shall include all carriers that are oth-
erwise exempt from the provisions of part B of this
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title pursuant to the provisions of chapter 135 of this
title or exemption actions by the former Interstate
Commerce Commission under this title.
‘‘(6) PARTICIPATING STATE.—The term ‘partici-
pating state’ means a State that has complied with
the requirements of subsection (e) of this section.
‘‘(7) SSRS.—The term ‘SSRS’ means the Single
State Registration System in effect on the date of en-
actment of the Unified Carrier Registration Act of
2005.
‘‘(8) UNIFIED
CARRIER
REGISTRATION
AGREE-
MENT.—The terms ‘Unified Carrier Registration
Agreement’ and ‘UCR Agreement’ mean the interstate
agreement developed under the Unified Carrier Reg-
istration Plan governing the collection and distribu-
tion of registration and financial responsibility infor-
mation provided and fees paid by motor carriers,
motor private carriers, brokers, freight forwarders and
leasing companies pursuant to this section.
‘‘(9) UNIFIED CARRIER REGISTRATION PLAN.—
The terms ‘Unified Carrier Registration Plan’ and
‘UCR Plan’ mean the organization of State, Federal
and industry representatives responsible for devel-
oping, implementing and administering the Unified
Carrier Registration Agreement.
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‘‘(10) VEHICLE REGISTRATION.—The term ‘vehi-
cle registration’ means the registration of any com-
mercial motor vehicle under the International Reg-
istration Plan or any other registration law or regu-
lation of a jurisdiction.
‘‘(b) APPLICABILITY OF PROVISIONS TO FREIGHT FOR-
WARDERS.—A Freight forwarder that operates commercial
motor vehicles and is not required to register as a carrier
pursuant to section 13903(b) of this title shall be subject
to the provisions of this section as if a motor carrier.
‘‘(c) UNREASONABLE BURDEN.—For purposes of this
section, it shall be considered an unreasonable burden upon
interstate commerce for any State or any political subdivi-
sion of a State, or any political authority of 2 or more
States—
‘‘(1) to enact, impose, or enforce any requirement
or standards, or levy any fee or charge on any inter-
state motor carrier or interstate motor private carrier
in connection with—
‘‘(A) the registration with the State of the
interstate operations of a motor carrier or motor
private carrier;
‘‘(B) the filing with the State of informa-
tion relating to the financial responsibility of a
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motor carrier or motor private carrier pursuant
to sections 31138 or 31139 of this title;
‘‘(C) the filing with the State of the name
of the local agent for service of process of a motor
carrier or motor private carrier pursuant to sec-
tions 503 or 13304 of this title; or
‘‘(D) the annual renewal of the intrastate
authority, or the insurance filings, of a motor
carrier or motor private carrier, or other intra-
state filing requirement necessary to operate
within the State, if the motor carrier or motor
private carrier is—
‘‘(i) registered in compliance with sec-
tion 13902 or section 13905(b) of this title;
and
‘‘(ii) in compliance with the laws and
regulations of the State authorizing the car-
rier to operate in the State pursuant to sec-
tion 14501(c)(2)(A) of this title
except with respect to—
‘‘(I) intrastate service provided by
motor carriers of passengers that is not
subject to the preemptive provisions of
section 14501(a) of this title,
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‘‘(II) motor carriers of property,
motor private carriers, brokers, or
freight forwarders, or their services or
operations, that are described in sub-
paragraphs (B) and (C) of section
14501(c)(2) and section 14506(c)(3) or
permitted pursuant to section 14506(b)
of this title, and
‘‘(III) the intrastate transpor-
tation of waste or recyclable materials
by any carrier); or
‘‘(2) to require any interstate motor carrier or
motor private carrier to pay any fee or tax, not pro-
scribed by paragraph (1)(D) of this subsection, that
a motor carrier or motor private carrier that pays a
fee which is proscribed by that paragraph is not re-
quired to pay.
‘‘(d) UNIFIED CARRIER REGISTRATION PLAN.—
‘‘(1) BOARD OF DIRECTORS.—
‘‘(A) GOVERNANCE OF PLAN.—The Unified
Carrier Registration Plan shall be governed by a
Board of Directors consisting of representatives
of the Department of Transportation, Partici-
pating States, and the motor carrier industry.
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‘‘(B) NUMBER.—The Board shall consist of
15 directors.
‘‘(C) COMPOSITION.—The Board shall be
composed of directors appointed as follows:
‘‘(i) FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION.—The Secretary shall ap-
point 1 director from each of the Federal
Motor Carrier Safety Administration’s 4
Service Areas (as those areas were defined
by the Federal Motor Carrier Safety Ad-
ministration on January 1, 2005), from
among the chief administrative officers of
the State agencies responsible for overseeing
the administration of the UCR Agreement.
‘‘(ii) STATE AGENCIES.—The Secretary
shall appoint 5 directors from the profes-
sional staffs of State agencies responsible for
overseeing the administration of the UCR
Agreement in their respective States. Nomi-
nees for these 5 directorships shall be sub-
mitted to the Secretary by the national as-
sociation of professional employees of the
State agencies responsible for overseeing the
administration of the UCR Agreement in
their respective States.
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‘‘(iii) MOTOR
CARRIER
INDUSTRY.—
The Secretary shall appoint 5 directors
from the motor carrier industry. At least 1
of the appointees shall be an employee of the
national trade association representing the
general motor carrier of property industry.
‘‘(iv) DEPARTMENT
OF
TRANSPOR-
TATION.—The Secretary shall appoint the
Deputy Administrator of the Federal Motor
Carrier Safety Administration, or such
other 
presidential 
appointee 
from 
the
United States Department of Transpor-
tation, as the Secretary may designate, to
serve as a director.
‘‘(D) 
CHAIRPERSON
AND
VICE-CHAIR-
PERSON.—The Secretary shall designate 1 direc-
tor as Chairperson and 1 director as Vice-Chair-
person of the Board. The Chairperson and Vice-
Chairperson shall serve in such capacity for the
term of their appointment as directors.
‘‘(E) TERM.—In appointing the initial
Board, the Secretary shall designate 5 of the ap-
pointed directors for initial terms of 3 years, 5
of the appointed directors for initial terms of 2
years, and 5 of the appointed directors for ini-
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tial terms of 1 year. Thereafter, all directors
shall be appointed for terms of 3 years, except
that the term of the Deputy Administrator or
other individual designated by the Secretary
under subparagraph (C)(iv) shall be at the dis-
cretion of the Secretary. A director may be ap-
pointed to succeed himself or herself. A director
may continue to serve on the Board until his or
her successor is appointed.
‘‘(2) RULES AND REGULATIONS GOVERNING THE
UCR AGREEMENT.—The Board of Directors shall issue
rules and regulations to govern the UCR Agreement.
The rules and regulations shall—
‘‘(A) prescribe uniform forms and formats,
for—
‘‘(i) the annual submission of the in-
formation required by a Base-State of a
motor carrier, motor private carrier, leasing
company, broker, or freight forwarder;
‘‘(ii) the transmission of information
by a Participating State to the Unified
Carrier Registration System;
‘‘(iii) the payment of excess fees by a
State to the designated depository and the
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distribution of fees by the depository to
those States so entitled; and
‘‘(iv) the providing of notice by a
motor carrier, motor private carrier, broker,
freight forwarder, or leasing company to the
Board of the intent of such entity to change
its Base-State, and the procedures for a
State to object to such a change under sub-
paragraph (C) of this paragraph;
‘‘(B) provide for the administration of the
Unified Carrier Registration Agreement, includ-
ing procedures for amending the Agreement and
obtaining clarification of any provision of the
Agreement;
‘‘(C) provide procedures for dispute resolu-
tion that provide due process for all involved
parties; and
‘‘(D) designate a depository.
‘‘(3) COMPENSATION AND EXPENSES.—Except for
the representative of the Department of Transpor-
tation appointed pursuant to paragraph (1)(D), no
director shall receive any compensation or other bene-
fits from the Federal Government for serving on the
Board or be considered a Federal employee as a result
of such service. All Directors shall be reimbursed for
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expenses they incur attending duly called meetings of
the Board. In addition, the Board may approve the
reimbursement of expenses incurred by members of
any subcommittee or task force appointed pursuant to
paragraph (5). The reimbursement of expenses to di-
rectors and subcommittee and task force members
shall be based on the then applicable rules of the Gen-
eral Service Administration governing reimbursement
of expenses for travel by Federal employees.
‘‘(4) MEETINGS.—
‘‘(A) IN GENERAL.—The Board shall meet
at least once per year. Additional meetings may
be called, as needed, by the Chairperson of the
Board, a majority of the directors, or the Sec-
retary.
‘‘(B) QUORUM.—A majority of directors
shall constitute a quorum.
‘‘(C) VOTING.—Approval of any matter be-
fore the Board shall require the approval of a
majority of all directors present at the meeting.
‘‘(D) OPEN
MEETINGS.—Meetings of the
Board and any subcommittees or task forces ap-
pointed pursuant to paragraph (5) of this sec-
tion shall be subject to the provisions of section
552b of title 5.
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‘‘(5) SUBCOMMITTEES.—
‘‘(A) 
INDUSTRY
ADVISORY
SUB-
COMMITTEE.—The Chairperson shall appoint an
Industry Advisory Subcommittee. The Industry
Advisory Subcommittee shall consider any mat-
ter before the Board and make recommendations
to the Board.
‘‘(B) OTHER SUBCOMMITTEES.—The Chair-
person shall appoint an Audit Subcommittee, a
Dispute Resolution Subcommittee, and any ad-
ditional subcommittees and task forces that the
Board determines to be necessary.
‘‘(C) MEMBERSHIP.—The chairperson of
each subcommittee shall be a director. The other
members of subcommittees and task forces may
be directors or non-directors.
‘‘(D) REPRESENTATION
ON
SUBCOMMIT-
TEES.—Except for the Industry Advisory Sub-
committee (the membership of which shall consist
solely of representatives of entities subject to the
fee requirements of subsection (f) of this section),
each subcommittee and task force shall include
representatives of the Participating States and
the motor carrier industry.
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‘‘(6) DELEGATION OF AUTHORITY.—The Board
may contract with any private commercial or non-
profit entity or any agency of a State to perform ad-
ministrative functions required under the Unified
Carrier Registration Agreement, but may not delegate
its decision or policy-making responsibilities.
‘‘(7) DETERMINATION OF FEES.—
‘‘(A) RECOMMENDATION
BY
BOARD.—The
Board shall recommend to the Secretary the ini-
tial annual fees to be assessed carriers, leasing
companies, brokers, and freight forwarders pur-
suant to the Unified Carrier Registration Agree-
ment. In making its recommendation to the Sec-
retary for the level of fees to be assessed in any
Agreement year, and in setting the fee level, the
Board and the Secretary shall consider—
‘‘(i) the administrative costs associated
with the Unified Carrier Registration Plan
and the Agreement;
‘‘(ii) whether the revenues generated in
the previous year and any surplus or short-
age from that or prior years enable the Par-
ticipating States to achieve the revenue lev-
els set by the Board; and
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‘‘(iii) the parameters for fees set forth
in subsection (f)(1).
‘‘(B) SETTING FEES.—The Secretary shall
set the initial annual fees for the next Agreement
year and any subsequent adjustment of those
fees—
‘‘(i) within 90 days after receiving the
Board’s recommendation under subpara-
graph (A); and
‘‘(ii) after notice and opportunity for
public comment.
‘‘(8) LIABILITY PROTECTIONS FOR DIRECTORS.—
No individual appointed to serve on the Board shall
be liable to any other director or to any other party
for harm, either economic or non-economic, caused by
an act or omission of the individual arising from the
individual’s service on the Board if—
‘‘(A) the individual was acting within the
scope of his or her responsibilities as a director;
and
‘‘(B) the harm was not caused by willful or
criminal misconduct, gross negligence, reckless
misconduct, or a conscious, flagrant indifference
to the right or safety of the party harmed by the
individual.
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‘‘(9) INAPPLICABILITY
OF
FEDERAL
ADVISORY
COMMITTEE ACT.—The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Unified
Carrier Registration Plan or its committees.
‘‘(10) CERTAIN FEES NOT AFFECTED.—This sec-
tion does not limit the amount of money a State may
charge for vehicle registration or the amount of any
fuel use tax a State may impose pursuant to the
International Fuel Tax Agreement.
‘‘(e) STATE PARTICIPATION.—
‘‘(1) STATE PLAN.—No State shall be eligible to
participate in the Unified Carrier Registration Plan
or to receive any revenues derived under the Agree-
ment, unless the State submits to the Secretary, not
later than 3 years after the date of enactment of the
Unified Carrier Registration Act of 2005, a plan—
‘‘(A) identifying the State agency that has
or will have the legal authority, resources, and
qualified personnel necessary to administer the
Unified Carrier Registration Agreement in ac-
cordance with the rules and regulations promul-
gated by the Board of Directors of the Unified
Carrier Registration Plan; and
‘‘(B) containing assurances that an amount
at least equal to the revenue derived by the State
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from the Unified Carrier Registration Agreement
shall be used for motor carrier safety programs,
enforcement, and financial responsibility, or the
administration of the UCR Plan and UCR
Agreement.
‘‘(2) AMENDED PLANS.—A State may change the
agency designated in the plan submitted under this
subsection by filing an amended plan with the Sec-
retary and the Chairperson of the Unified Carrier
Registration Plan.
‘‘(3) WITHDRAWAL OF PLAN.—If a State with-
draws, or notifies the Secretary that it is with-
drawing, the plan submitted under this subsection,
then the State may no longer participate in the Uni-
fied Carrier Registration Agreement or receive any
portion of the revenues derived under the Agreement.
The Secretary shall notify the Chairperson upon re-
ceiving notice from a State that it is withdrawing its
plan or withdrawing from the Agreement.
‘‘(4) TERMINATION OF ELIGIBILITY.—If a State
fails to submit a plan to the Secretary as required by
paragraph (1) or withdraws its plan under para-
graph (3), the State shall be prohibited from subse-
quently submitting or resubmitting a plan or partici-
pating in the Agreement.
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‘‘(5) PROVISION OF PLAN TO CHAIRPERSON.—
The Secretary shall provide a copy of each plan sub-
mitted under this subsection to the initial Chair-
person of the Board of Directors of the Unified Car-
rier Registration Plan not later than 90 days of ap-
pointing the Chairperson.
‘‘(f) CONTENTS OF UNIFIED CARRIER REGISTRATION
AGREEMENT.—The Unified Carrier Registration Agree-
ment shall provide the following:
‘‘(1) DETERMINATION OF FEES.—
‘‘(A) Fees charged motor carriers, motor
private carriers, or freight forwarders in connec-
tion with the filing of proof of financial respon-
sibility under the UCR Agreement shall be based
on the number of commercial motor vehicles
owned or operated by the motor carrier, motor
private carrier, or freight forwarder. Brokers
and leasing companies shall pay the same fees as
the smallest bracket of motor carriers, motor pri-
vate carriers, and freight forwarders.
‘‘(B) The fees shall be determined by the
Secretary based upon the recommendation of the
Board under subsection (d)(7).
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‘‘(C) The Board shall develop no more than
6 and no less than 4 brackets of carriers by size
of fleet.
‘‘(D) The fee scale shall be progressive and
use different vehicle ratios for each bracket of
carrier fleet size.
‘‘(E) The Board may ask the Secretary to
adjust the fees within a reasonable range on an
annual basis if the revenues derived from the
fees—
‘‘(i) are insufficient to provide the rev-
enues to which the States are entitled under
this section; or
‘‘(ii) exceed those revenues.
‘‘(2) DETERMINATION OF OWNERSHIP OR OPER-
ATION.—Commercial motor vehicles owned or oper-
ated by a motor carrier, motor private carrier, or
freight forwarder shall mean those commercial motor
vehicles registered in the name of the motor carrier,
motor private carrier, or freight forwarder or con-
trolled by the motor carrier, motor private carrier, or
freight forwarder under a long term lease during a
vehicle registration year.
‘‘(3) CALCULATION OF NUMBER OF COMMERCIAL
MOTOR VEHICLES OWNED OR OPERATED.—The num-
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ber of commercial motor vehicles owned or operated
by a motor carrier, motor private carrier, or freight
forwarder for purposes of paragraph (1) of this sub-
section shall be based either on the number of com-
mercial motor vehicles the motor carrier, motor pri-
vate carrier, or freight forwarder has indicated it op-
erates on its most recently filed MCS–150 or the total
number of such vehicles it owned or operated for the
12-month period ending on June 30 of the year im-
mediately prior to the each registration year of the
Unified Carrier Registration System. Commercial
motor vehicles used exclusively in the intrastate trans-
portation of property, waste, or recyclable material
may not be included in determining the number of
commercial motor vehicles owned or operated by a
motor carrier or motor private carrier for purposes of
paragraph (1) of this subsection.
‘‘(4) PAYMENT OF FEES.—Motor carriers, motor
private carriers, leasing companies, brokers, and
freight forwarders shall pay all fees required under
this section to their Base-State pursuant to the UCR
Agreement.
‘‘(g) PAYMENT OF FEES.—Revenues derived under the
UCR Agreement shall be allocated to Participating States
as follows:
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‘‘(1) A State that participated in the Single
State Registration System in the last SSRS registra-
tion year ending before the date of enactment of the
Unified Carrier Registration Act of 2005 and com-
plies with the requirements of subsection (e) of this
section is entitled to receive a portion of the UCR
Agreement revenues generated under the Agreement
equivalent to the revenues it received under the SSRS
in the last SSRS registration year ending before the
date of enactment of the Unified Carrier Registration
Act of 2005, as long as the State continues to comply
with the provisions of subsection (e).
‘‘(2) A State that collected intrastate registration
fees from interstate motor carriers, interstate motor
private carriers, or interstate exempt carriers and
complies with the requirements of subsection (e) of
this section is entitled to receive an additional por-
tion of the UCR Agreement revenues generated under
the Agreement equivalent to the revenues it received
from such interstate carriers in the last calendar year
ending before the date of enactment of the Unified
Carrier Registration Act of 2005, as long as the State
continues to comply with the provisions of subsection
(e).
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‘‘(3) States that comply with the requirements of
subsection (e) of this section but did not participate
in SSRS during the last SSRS registration year end-
ing before the date of enactment of the Unified Car-
rier Registration Act of 2005 shall be entitled to an
annual allotment not to exceed $500,000 from the
UCR Agreement revenues generated under the Agree-
ment as long as the State continues to comply with
the provisions of subsection (e).
‘‘(4) The amount of UCR Agreement revenues to
which a State is entitled under this section shall be
calculated by the Board and approved by the Sec-
retary.
‘‘(h) DISTRIBUTION
OF UCR AGREEMENT REVE-
NUES.—
‘‘(1) ELIGIBILITY.—Each State that is in com-
pliance with the provisions of subsection (e) shall be
entitled to a portion of the revenues derived from the
UCR Agreement in accordance with subsection (g).
‘‘(2) ENTITLEMENT TO REVENUES.—A State that
is in compliance with the provisions of subsection (e)
may retain an amount of the gross revenues it collects
from motor carriers, motor private carriers, brokers,
freight forwarders and leasing companies under the
UCR Agreement equivalent to the portion of revenues