H. R. 3—606
SEC. 4145. TECHNICAL CORRECTIONS. 
(a) INTERMODAL TRANSPORTATION ADVISORY BOARD.—Section 
5502(b) of title 49, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (4); 
(2) by striking the period at the end of paragraph (5) 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) the Federal Motor Carrier Safety Administration.’’. 
(b) REFERENCE TO AGENCY.—Section 31502(e) of such title is 
amended—
(1) in paragraph (2) by striking ‘‘Regional Director of the 
Federal Highway Administration’’ and inserting ‘‘Field Adminis-
trator of the Federal Motor Carrier Safety Administration’’; 
and 
(2) in paragraph (3) by striking ‘‘Regional Director’’ and 
inserting ‘‘Field Administrator’’. 
SEC. 4146. EXEMPTION DURING HARVEST PERIODS. 
Regulations issued by the Secretary under sections 31136 and 
31502 of title 49, United States Code, regarding maximum driving 
and on-duty time for a driver used by a motor carrier, shall not 
apply, beginning on the date of enactment of this Act and ending 
at the end of fiscal year 2009, for the transportation of grapes 
west of Interstate 81 in the State of New York if such transpor-
tation—
(1) is during a harvesting period, as determined by the 
State; and 
(2) is limited to a 150-air mile radius from where the 
grapes are picked or distributed. 
SEC. 
4147. 
EMERGENCY 
CONDITION 
REQUIRING 
IMMEDIATE 
RESPONSE. 
Section 229 of the Motor Carrier Safety Improvement Act of 
1999 (as added and amended by section 4115 of this Act) is amended 
by adding at the end the following: 
‘‘(f) EMERGENCY CONDITION REQUIRING IMMEDIATE RESPONSE.—
‘‘(1) PROPANE OR PIPELINE EMERGENCY.—A regulation pre-
scribed under section 31136 or 31502 of title 49, United States 
Code, shall not apply to a driver of a commercial motor vehicle 
which is used primarily in the transportation of propane winter 
heating fuel or a driver of a motor vehicle used to respond 
to a pipeline emergency if such regulations would prevent the 
driver from responding to an emergency condition requiring 
immediate response. 
‘‘(2) DEFINITION.—An emergency condition requiring imme-
diate response is any condition that, if left unattended, is 
reasonably likely to result in immediate serious bodily harm, 
death, or substantial damage to property. In the case of propane 
such conditions shall include (but are not limited to) the detec-
tion of gas odor, the activation of carbon monoxide alarms, 
the detection of carbon monoxide poisoning, and any real or 
suspected damage to a propane gas system following a severe 
storm or flooding. An ‘emergency condition requiring an imme-
diate response’ does not include requests to re-fill empty gas 
tanks. In the case of pipelines such conditions include (but 
are not limited to) indication of an abnormal pressure event, 
leak, release or rupture.’’.
H. R. 3—607
SEC. 4148. SUBSTANCE ABUSE PROFESSIONALS. 
The Secretary shall conduct a rulemaking to permit a State 
licensed or certified marriage and family therapist, to act as a 
substance abuse professional under subpart O of part 40 of title 
49, Code of Federal Regulations. 
SEC. 4149. OFFICE OF INTERMODALISM. 
Section 5503 of title 49, United States Code, is amended—
(1) in subsection (e) by inserting ‘‘Amounts reserved under 
section 5504(d) not awarded to States as grants may be used 
by the Director to provide technical assistance under this sub-
section.’’ after ‘‘organizations.’’; 
(2) by redesignating subsection (f) as subsection (h); and 
(3) by inserting after subsection (e) the following: 
‘‘(f) NATIONAL INTERMODAL SYSTEM IMPROVEMENT PLAN.—
‘‘(1) IN GENERAL.—The Director, in consultation with the 
advisory board established under section 5502 and other public 
and private transportation interests, shall develop a plan to 
improve the national intermodal transportation system. The 
plan shall include—
‘‘(A) an assessment and forecast of the national inter-
modal transportation system’s impact on mobility, safety, 
energy consumption, the environment, technology, inter-
national trade, economic activity, and quality of life in 
the United States; 
‘‘(B) an assessment of the operational and economic 
attributes of each passenger and freight mode of transpor-
tation and the optimal role of each mode in the national 
intermodal transportation system; 
‘‘(C) a description of recommended intermodal and 
multimodal research and development projects; 
‘‘(D) a description of emerging trends that have an 
impact on the national intermodal transportation system; 
‘‘(E) recommendations for improving intermodal policy, 
transportation decision-making, and financing to maximize 
mobility and the return on investment of Federal spending 
on transportation; 
‘‘(F) an estimate of the impact of current Federal and 
State transportation policy on the national intermodal 
transportation system; and 
‘‘(G) specific near and long-term goals for the national 
intermodal transportation system. 
‘‘(2) PROGRESS REPORTS.—The Director shall submit an ini-
tial report on the plan to improve the national intermodal 
transportation system 2 years after the date of enactment of 
the Surface Transportation Safety Improvement Act of 2005, 
and a follow-up report 2 years after that, to the Committee 
on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the 
House of Representatives. The progress report shall—
‘‘(A) describe progress made toward achieving the 
plan’s goals; 
‘‘(B) describe challenges and obstacles to achieving the 
plan’s goals; 
‘‘(C) update the plan to reflect changed circumstances 
or new developments; and
H. R. 3—608
‘‘(D) make policy and legislative recommendations the 
Director believes are necessary and appropriate to achieve 
the goals of the plan. 
‘‘(3) PLAN DEVELOPMENT FUNDING.—Such sums as may be 
necessary from the administrative expenses of the Research 
and Innovative Technology Administration shall be reserved 
by the Secretary of Transportation each year for the purpose 
of completing and updating the plan to improve the national 
intermodal transportation plan. 
‘‘(g) IMPACT MEASUREMENT METHODOLOGY; IMPACT REVIEW.—
The Director and the Director of the Bureau of Transportation 
Statistics shall jointly—
‘‘(1) develop, in consultation with the modal administra-
tions, and State and local planning organizations, common 
measures to compare transportation investment decisions 
across the various modes of transportation; and 
‘‘(2) formulate a methodology for measuring the impact 
of intermodal transportation on—
‘‘(A) the environment; 
‘‘(B) public health and welfare; 
‘‘(C) energy consumption; 
‘‘(D) the operation and efficiency of the transportation 
system; 
‘‘(E) congestion, including congestion at the Nation’s 
ports; and 
‘‘(F) the economy and employment. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary of Transportation such sums 
as may be necessary for fiscal years 2006 through 2009 to carry 
out this chapter.’’. 
Subtitle B—Household Goods 
Transportation 
SEC. 4201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Household Goods Mover 
Oversight Enforcement and Reform Act of 2005’’
SEC. 4202. DEFINITIONS; APPLICATION OF PROVISIONS. 
(a) TERMS USED IN THIS CHAPTER.—In this subtitle, the terms 
‘‘carrier’’, ‘‘household goods’’, ‘‘motor carrier’’, ‘‘Secretary’’, and 
‘‘transportation’’ have the meaning given to such terms in section 
13102 of title 49, United States Code. 
(b) HOUSEHOLD
GOODS
MOTOR
CARRIER
AND
INDIVIDUAL 
SHIPPER IN PART B OF SUBTITLE IV OF TITLE 49.—Section 13102 
of title 49, United States Code (as amended by section 4141 of 
this Act) is amended by redesignating paragraphs (12) through 
(24) as paragraphs (14) through (26) and by inserting after para-
graph (11) the following: 
‘‘(12) HOUSEHOLD GOODS MOTOR CARRIER.—
‘‘(A) IN GENERAL.—The term ‘household goods motor 
carrier’ means a motor carrier that, in the ordinary course 
of its business of providing transportation of household 
goods, offers some or all of the following additional services: 
‘‘(i) Binding and nonbinding estimates. 
‘‘(ii) Inventorying.
H. R. 3—609
‘‘(iii) Protective packing and unpacking of indi-
vidual items at personal residences. 
‘‘(iv) Loading and unloading at personal residences. 
‘‘(B) INCLUSION.—The term includes any person that 
is considered to be a household goods motor carrier under 
regulations, determinations, and decisions of the Federal 
Motor Carrier Safety Administration that are in effect on 
the date of enactment of the Household Goods Mover Over-
sight Enforcement and Reform Act of 2005. 
‘‘(C) LIMITED SERVICE EXCLUSION.—The term does not 
include a motor carrier when the motor carrier provides 
transportation of household goods in containers or trailers 
that are entirely loaded and unloaded by an individual 
(other than an employee or agent of the motor carrier). 
‘‘(13) INDIVIDUAL SHIPPER.—The term ‘individual shipper’ 
means any person who—
‘‘(A) is the shipper, consignor, or consignee of a house-
hold goods shipment; 
‘‘(B) is identified as the shipper, consignor, or consignee 
on the face of the bill of lading; 
‘‘(C) owns the goods being transported; and 
‘‘(D) pays his or her own tariff transportation charges.’’. 
(c) APPLICATION OF CERTAIN PROVISIONS OF LAW.—The provi-
sions of title 49, United States Code, and this subtitle (including 
any amendments made by this subtitle), that relate to the transpor-
tation of household goods apply only to a household goods motor 
carrier (as defined in section 13102 of title 49, United States Code). 
SEC. 4203. PAYMENT OF RATES. 
Section 13707(b) of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(3) SHIPMENTS OF HOUSEHOLD GOODS.—
‘‘(A) IN GENERAL.—A carrier providing transportation 
of a shipment of household goods shall give up possession 
of the household goods being transported at the destination 
upon payment of—
‘‘(i) 100 percent of the charges contained in a 
binding estimate provided by the carrier; 
‘‘(ii) not more than 110 percent of the charges 
contained in a nonbinding estimate provided by the 
carrier; or 
‘‘(iii) in the case of a partial delivery of the ship-
ment, the prorated percentage of the charges calculated 
in accordance with subparagraph (B). 
‘‘(B) CALCULATION OF PRORATED CHARGES.—For pur-
poses of subparagraph (A)(iii), the prorated percentage of 
the charges shall be the percentage of the total charges 
due to the carrier as described in clause (i) or (ii) of 
subparagraph (A) that is equal to the percentage of the 
weight of that portion of the shipment delivered to the 
total weight of the shipment. 
‘‘(C) POST-CONTRACT SERVICES.—Subparagraph (A) does 
not apply to additional services requested by a shipper 
after the contract of service is executed that were not 
included in the estimate. 
‘‘(D) IMPRACTICABLE
OPERATIONS.—Subparagraph (A) 
does not apply to impracticable operations, as defined by