318 
‘‘(F) a foreign county and another foreign 
county, or between two places in the same for-
eign country, to the extent the transportation is 
in the United States; and’’. 
(b) Section 31132(4) is amended by— 
(1) striking ‘‘a place in a State and’’; 
(2) in subparagraph (A)— 
(A) inserting ‘‘a place in a State and’’ be-
fore ‘‘a place outside that State’’; 
(B) striking ‘‘or’’; and 
(3) in subparagraph (B)— 
(A) inserting ‘‘a place in a State and’’ be-
fore ‘‘another place’’; 
(B) striking the period and inserting 
‘‘and’’; and 
(C) inserting at the end the following: 
‘‘(C) a foreign county and another foreign 
county, or between two places in the same for-
eign country, to the extent the trade, traffic, or 
transportation is in the United States.’’. 
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Subtitle B—Driver Safety 
Provisions 
SEC. 5201. COMMERCIAL DRIVER’S LICENSE REQUIRE-
MENTS. 
(a) LICENSING STANDARDS.—Section 31305(a)(7) is 
amended by inserting ‘‘would not be subject to a disquali-
fication under section 31310(g) of this title and’’ after 
‘‘taking the tests’’. 
(b) DISQUALIFICATIONS.—Section 31310(g)(1) is 
amended by deleting ‘‘who holds a commercial driver’s li-
cense and’’. 
SEC. 5202. DISQUALIFICATIONS BASED ON NON-COMMER-
CIAL MOTOR VEHICLE OPERATIONS. 
(a) FIRST OFFENSE.—Section 31310(b)(1)(D) is 
amended by deleting ‘‘commercial’’ twice, after ‘‘revoked, 
suspended, or canceled based on the individual’s operation 
of a’’ and again after ‘‘disqualified from operating a com-
mercial motor vehicle based on the individual’s operation 
of a’’. 
(b) SECOND OFFENSE.—Section 31310(c)(1)(D) is 
amended by striking ‘‘commercial’’ twice, after ‘‘revoked, 
suspended, or canceled based on the individual’s operation 
of a’’ and again after ‘‘disqualified from operating a com-
mercial motor vehicle based on the individual’s operation 
of a’’. 
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SEC. 5203. RECORDING OF FEDERAL DISQUALIFICATIONS 
ON CDLIS. 
Section 31311(a)(15) is amended by— 
(1) inserting ‘‘(A)’’ after ‘‘(15)’’; and 
(2) inserting after clause (A), as redesignated, 
the following: 
‘‘(B) Not later than 10 days after receiv-
ing notice from the Secretary that an individual 
has been disqualified by the Secretary from op-
erating a commercial motor vehicle, the State 
shall— 
‘‘(i) disqualify the individual from op-
erating a commercial motor vehicle for the 
period of the Federal disqualification; and 
‘‘(ii) notify the operator of the infor-
mation system under section 31309 of this 
title to record the disqualification and the 
violation that resulted in the disqualifica-
tion.’’. 
SEC. 5204. FAILURE TO PAY CIVIL PENALTY AS A DISQUALI-
FYING OFFENSE. 
(a) IN GENERAL.—Chapter 311 is amended by in-
serting after section 31151 the following: 
‘‘§ 31152. Disqualification for failure to pay 
‘‘An individual assessed a civil penalty under this 
chapter, or chapters 5, 51, or 149 of this title, or a regula-
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tion issued under any of those provisions, who fails to pay 
the penalty or fails to comply with the terms of a settle-
ment with the Secretary, shall be disqualified from oper-
ating a commercial motor vehicle. The disqualification 
shall continue until the penalty has been paid, or the indi-
vidual complies with the terms of the settlement, unless 
such nonpayment is because the individual is a debtor in 
a case under chapter 11 of title 11, United States Code.’’. 
(b) TECHNICAL AMENDMENTS.—Section 31310 is 
amended— 
(1) by redesignating subsections (h) through (k) 
as subsections (i) through (l), respectively; 
(2) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) DISQUALIFICATION FOR FAILURE TO PAY.— 
The Secretary shall disqualify from operating a commer-
cial motor vehicle any individual failing to pay a civil pen-
alty within the prescribed period, or failing to conform to 
the terms of any settlement with the Secretary. The dis-
qualification shall continue until the penalty has been 
paid, or the individual conforms to the terms of the settle-
ment, unless the nonpayment is because the individual is 
a debtor in a case under chapter 11 of title 11, United 
States Code.’’; and 
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(3) in subsection (i) (as redesignated by para-
graph (1) of this subsection) by striking ‘‘Notwith-
standing subsections (b) through (g)’’ and inserting 
‘‘Notwithstanding subsections (b) through (h)’’. 
(c) CONFORMING AMENDMENT.—The analysis of 
chapter 311 is amended by inserting after the item relat-
ing to section 31151 the following: 
‘‘31152. Disqualification for failure to pay.’’. 
SEC. 5205. CONTROLLED SUBSTANCE VIOLATIONS. 
Section 31310(d) is amended by— 
(1) inserting after ‘‘CONTROLLED SUBSTANCE 
VIOLATIONS.—’’ the following: 
‘‘(1) An individual who receives a verified posi-
tive DOT drug test is disqualified from operating a 
commercial motor vehicle and remains disqualified 
until the individual completes the substance abuse 
professional evaluation and treatment and return to 
duty process under part 40, subpart O of title 49, 
Code of Federal Regulations.’’; and 
(2) inserting ‘‘(2)’’ before ‘‘The Secretary’’. 
Subtitle C—Medical and 
Registration Provisions 
SEC. 5301. EFFECT OF DRIVING ON COMMERCIAL MOTOR 
VEHICLE OPERATORS. 
Section 31136(a)(4) is amended to read as follows: 
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‘‘(4) the operation of commercial motor vehicles 
does not have a significantly adverse effect on the 
physical condition of the operators; and’’. 
SEC. 5302. JURISDICTION OVER BROKERS OF MOTOR CAR-
RIERS OF PASSENGERS. 
Section 13506(a) is amended by deleting paragraph 
(14) and redesignating paragraph (15) as paragraph (14). 
SEC. 5303. REVOCATION OR SUSPENSION OF REGISTRA-
TION. 
Section 31134(c) is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
‘‘(1) IN GENERAL.—The Secretary’’; 
(2) by redesignating paragraphs (1) through 
(4) as subparagraphs (A) through (D), respectively; 
(3) in subparagraph (1)(B) (as redesignated), 
by striking ‘‘knowingly failed to comply with the re-
quirements listed in subsection (b)(1)’’ and inserting 
‘‘willfully failed to comply with— 
‘‘(i) this part; 
‘‘(ii) an applicable regulation or order 
of the Secretary; or 
‘‘(iii) a condition of the registration.’’; 
(4) in subparagraph (1)(C) (as redesignated) by 
striking ‘‘has not disclosed’’ and inserting ‘‘has— 
‘‘(i) failed to disclose; or 
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‘‘(ii) operated under a new identity or 
as an affiliate to avoid— 
‘‘(I) an order of the Secretary; 
‘‘(II) a statutory or regulatory 
requirement; 
‘‘(III) a civil penalty imposed 
under chapter 5, 51, 149, or 311; 
‘‘(IV) an enforcement action ini-
tiated by the Secretary; 
‘‘(V) a final, proposed or poten-
tial adverse safety fitness determina-
tion; or 
‘‘(VI) a negative compliance his-
tory;’’; 
(5) in subparagraph (1)(D) (as redesignated), 
by striking the period and inserting a semicolon; and 
(6) by adding at the end the following: 
‘‘(E) subject to paragraph (3) of this sub-
section, the employer or person failed— 
‘‘(i) to pay a civil penalty imposed 
under chapter 5, 51, 149, or 311 of this 
title; 
‘‘(ii) to arrange and abide by an ac-
ceptable payment plan for such civil pen-
alty, not later than 90 days after the date 
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specified by order of the Secretary for the 
payment of such penalty; or 
‘‘(iii) to obey a subpoena issued by the 
Secretary; or 
‘‘(F) the employer or person failed to dis-
close, in its application for registration, a mate-
rial fact relevant to its willingness and ability to 
comply with— 
‘‘(i) this part; 
‘‘(ii) an applicable regulation or order 
of the Secretary; or 
‘‘(iii) a condition of its registration. 
‘‘(2) SAFETY FITNESS; IMMINENT HAZARD.— 
‘‘(A) EXPEDITED
PROCEDURE.—Notwith-
standing subchapter II of chapter 5 of title 5, 
and subject to section 31144(c) of this title, the 
Secretary shall revoke the registration of an 
employer or person if the employer or person— 
‘‘(i) has been prohibited from oper-
ating a commercial motor vehicle in inter-
state commerce for failure to comply with 
the safety fitness requirements of section 
31144 of this title; or 
‘‘(ii) is or was conducting unsafe oper-
ations that are or were an imminent haz-
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ard (as defined in section 521(b)(5)(B) of 
this title) to public health or property. 
‘‘(B) NOTICE OF REVOCATION.—The Sec-
retary may revoke a registration under this 
paragraph only after giving notice of the rev-
ocation to the registrant. 
‘‘(3) LIMITATION.—Paragraph (1)(E) (i) and 
(ii) shall not apply to a person who is unable to pay 
a civil penalty because the person is a debtor in a 
case under chapter 11 of title 11.’’. 
SEC. 5304. REVOCATION OF REGISTRATION FOR FAILURE 
TO RESPOND TO SUBPOENA. 
Section 525 is amended by inserting ‘‘subchapter III 
of chapter 311 or’’ before ‘‘chapter 139’’. 
SEC. 5305. LAPSE OF REQUIRED FINANCIAL SECURITY; SUS-
PENSION OF REGISTRATION. 
Section 13906(e) is amended by inserting ‘‘or sus-
pend’’ after ‘‘revoke’’. 
Subtitle D—Grants and 
Authorizations 
SEC. 5401. FMCSA FINANCIAL ASSISTANCE PROGRAMS. 
(a) DEFINITION.—Section 31101 is amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
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(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) ‘Secretary’ means the Secretary of Trans-
portation.’’. 
(b) MCSAP 
AND
HIGH
PRIORITY
PROGRAMS; 
FMCSA AUTHORIZATIONS.—Sections 31102 through 
31104 are amended to read as follows: 
‘‘§ 31102. Motor carrier safety assistance program 
‘‘(a) IN GENERAL.— 
‘‘(1) The Secretary shall administer a Motor 
Carrier Safety Assistance Program funded under 
section 31104 of this title. 
‘‘(2) The goal of the program is to ensure that 
the Secretary, States, local governments, other polit-
ical 
jurisdictions, 
Federally 
recognized 
Indian 
Tribes, and other persons work in partnership to es-
tablish programs to improve motor carrier, commer-
cial motor vehicle, and driver safety to support a 
safe and efficient surface transportation system by— 
‘‘(A) making targeted investments to pro-
mote safe commercial motor vehicle transpor-
tation, including the transportation of pas-
sengers and hazardous materials; 
‘‘(B) investing in activities likely to gen-
erate maximum reductions in the number and 
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severity of commercial motor vehicle crashes 
and fatalities resulting from such crashes; 
‘‘(C) adopting and enforcing effective 
motor carrier, commercial motor vehicle, and 
driver safety regulations and practices con-
sistent with Federal requirements; and 
‘‘(D) assessing and improving statewide 
performance by setting program goals and 
meeting performance standards, measures, and 
benchmarks. 
‘‘(b) STATE PLANS.—The Secretary shall prescribe 
procedures for a State to submit a plan under which the 
State agrees to assume responsibility for improving motor 
carrier safety, adopting and enforcing regulations, stand-
ards, and orders of the Government on commercial motor 
vehicle and hazardous materials transportation safety, and 
adopting and enforcing compatible State regulations, 
standards, and orders. The Secretary shall approve a plan 
if the Secretary decides that the plan is adequate to pro-
mote the objectives of this section, and the plan— 
‘‘(1) implements performance-based activities, 
including deployment of technology to enhance the 
efficiency and effectiveness of commercial motor ve-
hicle safety programs; 
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‘‘(2) designates a lead State motor vehicle safe-
ty agency responsible for administering the plan 
throughout the State; 
‘‘(3) contains satisfactory assurances that the 
lead State agency has or will have the legal author-
ity, resources, and qualified personnel necessary to 
enforce the regulations, standards, and orders; 
‘‘(4) contains satisfactory assurances that the 
State will devote adequate resources to the adminis-
tration of the plan and enforcement of the regula-
tions, standards, and orders; 
‘‘(5) provides a right of entry and inspection to 
carry out the plan; 
‘‘(6) provides that all reports required under 
this section be available to the Secretary on request; 
‘‘(7) provides that the lead State agency will 
adopt the reporting requirements and use the forms 
for recordkeeping, inspections, and investigations 
that the Secretary prescribes; 
‘‘(8) requires registrants of commercial motor 
vehicles to demonstrate knowledge of applicable safe-
ty regulations, standards, and orders of the Govern-
ment and the State; 
‘‘(9) provides that the State will grant max-
imum reciprocity for inspections conducted under 
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the North American Inspection Standards through 
the use of a nationally accepted system that allows 
ready identification of previously inspected commer-
cial motor vehicles; 
‘‘(10) ensures that activities described in sub-
section (g) of this section, if financed through grants 
made under this section, will not diminish the effec-
tiveness of the development and implementation of 
commercial motor vehicle safety programs described 
in subsection (a) of this section; 
‘‘(11) ensures that the lead State agency will 
coordinate the plan, data collection, and information 
systems with the State highway safety improvement 
program required under section 148(c) of title 23; 
‘‘(12) ensures participation in appropriate Fed-
eral Motor Carrier Safety Administration informa-
tion technology and data systems and other informa-
tion systems by all appropriate jurisdictions receiv-
ing Motor Carrier Safety Assistance Program fund-
ing; 
‘‘(13) ensures that information is exchanged 
among the States in a timely manner; 
‘‘(14) provides satisfactory assurances that the 
State will undertake efforts that will emphasize and 
improve enforcement of State and local traffic safety 
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laws and regulations related to commercial motor ve-
hicle safety; 
‘‘(15) provides satisfactory assurances that the 
State will promote activities in support of national 
priorities and performance goals, including— 
‘‘(A) activities aimed at removing impaired 
commercial motor vehicle drivers from the high-
ways of the United States through adequate en-
forcement of regulations on the use of alcohol 
and controlled substances and by ensuring 
ready roadside access to alcohol detection and 
measuring equipment; 
‘‘(B) activities aimed at providing an ap-
propriate level of training to State Motor Car-
rier Safety Assistance Program officers and em-
ployees on recognizing drivers impaired by alco-
hol or controlled substances; and 
‘‘(C) when conducted with an appropriate 
commercial motor vehicle inspection, interdic-
tion activities, and appropriate strategies for 
carrying out those activities, including activities 
that affect the transportation of controlled sub-
stances, as defined under section 102 of the 
Comprehensive Drug Abuse Prevention and 
Control Act of 1970 (21 U.S.C. 802) and listed 
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in part 1308 of title 21, Code of Federal Regu-
lations, as updated and republished from time 
to time, by any occupant of a commercial motor 
vehicle; 
‘‘(16) provides that the State has established 
and dedicated sufficient resources to a program to 
ensure that— 
‘‘(A) the State collects and reports to the 
Secretary accurate, complete, and timely motor 
carrier safety data; and 
‘‘(B) the State participates in a national 
motor carrier safety data correction system pre-
scribed by the Secretary; 
‘‘(17) ensures that the State will cooperate in 
the enforcement of financial responsibility require-
ments under sections 13906, 31138, and 31139 of 
this title, and regulations issued under these sec-
tions; 
‘‘(18) ensures consistent, effective, and reason-
able sanctions; 
‘‘(19) ensures that roadside inspections will be 
conducted at locations that are adequate to protect 
the safety of drivers and enforcement personnel; 
‘‘(20) provides that the State will include in the 
training manuals for the licensing examination to 
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drive both noncommercial motor vehicles and com-
mercial motor vehicles information on best practices 
for driving safely in the vicinity of noncommercial 
and commercial motor vehicles; 
‘‘(21) provides that the State will enforce the 
registration requirements of sections 13902 and 
31134 of this title by prohibiting the operation of 
any vehicle discovered to be operated by a motor 
carrier without a registration issued under these sec-
tions or to be operated beyond the scope of the 
motor carrier’s registration; 
‘‘(22) provides that the State will conduct com-
prehensive and highly visible traffic enforcement and 
commercial motor vehicle safety inspection programs 
in high-risk locations and corridors; 
‘‘(23) except in the case of an imminent hazard 
or obvious safety hazard, ensures that an inspection 
of a vehicle transporting passengers for a motor car-
rier of passengers is conducted at a station, ter-
minal, border crossing, maintenance facility, destina-
tion, or other location where adequate food, shelter, 
and sanitation facilities are available for passengers, 
and reasonable accommodations are available for 
passengers with disabilities; 
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‘‘(24) ensures that the State will transmit to its 
roadside inspectors the notice of each Federal ex-
emption granted pursuant to section 31315(b) of 
this title and 49 C.F.R. 390.23 and 390.25 and pro-
vided to the State by the Secretary, including the 
name of the person granted the exemption and any 
terms and conditions that apply to the exemption; 
‘‘(25) except as provided in subsection (c) of 
this section, provides that the State will conduct 
safety audits of new entrant motor carriers pursuant 
to section 31144(g) of this title; 
‘‘(26) provides that the State agrees to fully 
participate in the Performance and Registration In-
formation 
System 
Management 
under 
section 
31106(b) of this title no later than 3 years from the 
date of enactment of this provision by complying 
with the program participation requirements estab-
lished in section 31106(b)(3) of this title; and 
‘‘(27) for a State that shares a land border 
with another country, provides that the State— 
‘‘(A) will conduct a border commercial 
motor vehicle safety program that includes en-
forcement and related projects; or 
‘‘(B) if it declines to include appropriate 
border related activities in its plan, will forfeit 
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a proportionate level of funding as determined 
by the Secretary. 
‘‘(c) EXCLUSION OF U.S. TERRITORIES.—The re-
quirement that a State conduct safety audits of new en-
trant motor carriers under subsection (b)(25) of this sec-
tion does not apply to a territory of the United States 
unless required by the Secretary. 
‘‘(d) INTRASTATE COMPATIBILITY.—The Secretary 
shall prescribe regulations specifying tolerance guidelines 
and standards for ensuring compatibility of intrastate 
commercial motor vehicle safety laws and regulations with 
Government motor carrier safety regulations to be en-
forced under subsection (a) of this section. To the extent 
practicable, the guidelines and standards shall allow for 
maximum flexibility while ensuring a degree of uniformity 
that will not diminish transportation safety. 
‘‘(e) MAINTENANCE OF EFFORT.— 
‘‘(1) IN
GENERAL.—A plan submitted by a 
State under subsection (b) of this section shall pro-
vide that the total expenditure of amounts of the 
lead State agency responsible for administering the 
plan will be maintained at a level each fiscal year at 
least equal to the average level of that expenditure 
for fiscal years 2004 and 2005. 
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‘‘(2) AVERAGE
LEVEL
OF
STATE
EXPENDI-
TURES.—In estimating the average level of State ex-
penditure under paragraph (1) of this subsection, 
the Secretary— 
‘‘(A) may allow the State to exclude State 
expenditures for Government-sponsored dem-
onstration and pilot programs and strike forces; 
‘‘(B) may allow the State to exclude ex-
penditures for activities related to border en-
forcement and new entrant safety audits; and 
‘‘(C) shall require the State to exclude 
State matching amounts used to receive Gov-
ernment financing under this section. 
‘‘(3) WAIVERS.—Upon the request of a State, 
the Secretary may waive or modify the requirements 
of this subsection for the period of the plan, if the 
Secretary determines that a waiver is equitable due 
to exceptional or uncontrollable circumstances. 
‘‘(f) USE OF UNIFIED CARRIER REGISTRATION FEES 
AGREEMENT.—Amounts generated under section 14504a 
of this title and received by a State and used for motor 
carrier safety purposes may be included as part of the 
State’s share of the Motor Carrier Safety Assistance Pro-
gram not provided by the Government. 
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‘‘(g) USE OF GRANTS TO ENFORCE OTHER LAWS.— 
A State may use amounts received under a grant under 
this section— 
‘‘(1) if the activities are carried out in conjunc-
tion with an appropriate inspection of a commercial 
motor vehicle to enforce Federal or State commercial 
motor vehicle safety regulations, for the— 
‘‘(A) enforcement of commercial motor ve-
hicle size and weight limitations at locations 
(excluding fixed weight facilities) such as near 
steep grades or mountainous terrains, where 
the weight of a commercial motor vehicle can 
significantly affect the safe operation of the ve-
hicle, or at ports where intermodal shipping 
containers enter and leave the United States; 
and 
‘‘(B) detection of and enforcement actions 
taken as a result of criminal activity, including 
the trafficking of human beings, in a commer-
cial motor vehicle or by any occupant, including 
the operator, of the vehicle; 
‘‘(2) for documented enforcement of State traf-
fic laws and regulations designed to promote the 
safe operation of commercial motor vehicles, includ-
ing documented enforcement of such laws and regu-
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lations relating to noncommercial motor vehicles 
when necessary to promote the safe operation of 
commercial motor vehicles, provided: 
‘‘(A) the number of motor carrier safety 
activities (including roadside safety inspections) 
conducted in the State is maintained at a level 
at least equal to the average level of such activi-
ties conducted in the State in fiscal years 2004 
and 2005; and 
‘‘(B) the State does not use more than 5 
percent of the basic amount the State receives 
under a grant under this section for enforce-
ment activities relating to noncommercial motor 
vehicles unless the Secretary determines that a 
higher percentage will result in significant in-
creases in commercial motor vehicle safety; and 
‘‘(3) for the enforcement of household goods 
regulations on intrastate and interstate carriers, pro-
vided that the State has adopted laws or regulations 
compatible with the Federal household goods regula-
tions. 
‘‘(h) EVALUATION
OF
PLAN
AND
AWARD
OF 
GRANT.— 
‘‘(1) AWARD.—The Secretary may allocate the 
amounts appropriated among the States whose plans 
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339 
have been approved under criteria that the Secretary 
establishes. 
‘‘(2) OPPORTUNITY TO CURE.—If the Secretary 
disapproves a plan under this section, the Secretary 
shall give the State a written explanation of the rea-
sons for disapproval and allow the State to modify 
and resubmit the plan for approval. 
‘‘(i) PLAN MONITORING.— 
‘‘(1) IN
GENERAL.—On the basis of reports 
submitted by the lead State agency responsible for 
administering a plan approved under this section 
and the Secretary’s own investigations, the Secretary 
shall make a continuing evaluation of the way the 
State is carrying out the plan. 
‘‘(2) WITHHOLDING OF FUNDS.—If, after no-
tice and an opportunity to be heard, the Secretary 
finds that the State plan previously approved is not 
being followed or has become inadequate to ensure 
enforcement of the regulations, standards, or orders, 
the Secretary may withdraw approval of the plan 
and notify the State. The plan is no longer in effect 
once the notice is received. In lieu of withdrawing 
approval of the plan, the Secretary may withhold 
funding from the State to which the State would 
otherwise be entitled under this section for the pe-
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riod of the State’s noncompliance. In exercising this 
option, the Secretary may withhold up to 10 percent 
of funds for the year that the Secretary notifies the 
State of its noncompliance, up to 10 percent of 
funds for the first full year of noncompliance, up to 
25 percent of funds for the second full year of non-
compliance, and not less than 50 percent of funds 
for the third and subsequent full years of noncompli-
ance. 
‘‘(3) JUDICIAL REVIEW.—A State adversely af-
fected by the Secretary’s action under paragraph (2) 
of this subsection may seek judicial review under 
chapter 7 of title 5. Notwithstanding withdrawal of 
a plan approval, the State may retain jurisdiction in 
administrative or judicial proceedings begun before 
the withdrawal if the issues involved are not related 
directly to the reasons for the withdrawal. 
‘‘(j) ALLOCATION OF MCSAP FUNDS.—On October 
1 of each fiscal year, or as soon as practicable after that 
date, and after making a deduction under section 
31104(a)(3) of this title, the Secretary shall allocate 
amounts made available to carry out this section for the 
fiscal year among the States with plans approved under 
this section. The allocation shall be made under criteria 
prescribed by the Secretary. 
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‘‘§ 31103. High priority program 
‘‘(a) IN GENERAL.—The Secretary shall administer 
a High Priority Program funded under section 31104 of 
this title. 
‘‘(b) PURPOSE.—The purpose of the program is to 
make grants to and cooperative agreements with States, 
local governments, other political jurisdictions, Federally 
recognized Indian Tribes, and any person to carry out 
high priority activities and projects, including activities 
and projects that— 
‘‘(1) increase public awareness and education 
on commercial motor vehicle safety; 
‘‘(2) target unsafe driving of commercial motor 
vehicles and non-commercial motor vehicles in areas 
identified as high risk crash corridors; 
‘‘(3) support the enforcement of household 
goods regulations on intrastate and interstate car-
riers, provided that the State has adopted laws or 
regulations compatible with the Federal household 
good regulations; 
‘‘(4) improve the safe and secure movement of 
hazardous materials and the transportation of goods 
and persons in foreign commerce; 
‘‘(5) demonstrate new technologies to improve 
commercial motor vehicle safety; 
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‘‘(6) otherwise improve commercial motor vehi-
cle safety and compliance with commercial motor ve-
hicle safety regulations; or 
‘‘(7) support participation in the Performance 
and Registration Information System Management 
under section 31106(b) of this title. 
‘‘(c) SAFETY DATA IMPROVEMENT.— 
‘‘(1) IN GENERAL.—In addition to the activities 
and projects under subsection (b) of this section and 
subject to paragraph (2) of this subsection, the Sec-
retary may make a grant to or cooperative agree-
ment with a State under this section to improve the 
accuracy, timeliness, and completeness of commer-
cial motor vehicle safety data reported to the Sec-
retary. 
‘‘(2) ELIGIBILITY.—A State shall be eligible for 
funding under this subsection in a fiscal year if the 
Secretary determines that the State has— 
‘‘(A) conducted a comprehensive audit of 
its commercial motor vehicle safety data system 
within the preceding 2 years; 
‘‘(B) developed a plan that identifies and 
prioritizes its commercial motor vehicle safety 
data needs and goals; and 
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‘‘(C) identified performance-based meas-
ures to determine progress toward those goals. 
‘‘§ 31104. Availability of amounts 
‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.— 
‘‘(1) IN GENERAL.—The following sums are au-
thorized to be appropriated from the Highway Ac-
count of the Transportation Trust Fund for the fol-
lowing Federal Motor Carrier Safety Administration 
programs: 
‘‘(A) GRANT PROGRAM FOR THE MOTOR 
CARRIER SAFETY ASSISTANCE PROGRAM.—Sub-
ject to paragraph 3 of this subsection, to carry 
out sections 31102 and 31103 of this title— 
‘‘(i) $288,173,000 for fiscal year 
2015; 
‘‘(ii) $309,081,000 for fiscal year 
2016; 
‘‘(iii) $330,638,000 for fiscal year 
2017; and 
‘‘(iv) $352,863,000 for fiscal year 
2018. 
‘‘(B) FINANCIAL
ASSISTANCE
PROGRAM 
FOR
HIGH
PRIORITY
ACTIVITIES.—To make 
grants and cooperative agreements under sec-
tion 31103 of this title, the Secretary may set 
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aside from amounts made available under sub-
paragraph (A) of this paragraph up to— 
‘‘(i) $21,178,000 for fiscal year 2015; 
‘‘(ii) $23,526,000 for fiscal year 2016; 
‘‘(iii) $25,947,000 for fiscal year 
2017; and 
‘‘(iv) $28,443,000 for fiscal year 
2018. 
‘‘(C) GRANT
PROGRAM
FOR
INNOVATIVE 
TECHNOLOGY.—To carry out section 31109 of 
this title— 
‘‘(i) $25,000,000 for fiscal year 2015; 
‘‘(ii) $25,000,000 for fiscal year 2016; 
‘‘(iii) $25,000,000 for fiscal year 
2017; and 
‘‘(iv) $25,000,000 for fiscal year 
2018. 
‘‘(D) FINANCIAL
ASSISTANCE
PROGRAM 
FOR COMMERCIAL DRIVER’S LICENSE PROGRAM 
IMPLEMENTATION.—To 
carry 
out 
section 
31313 of this title— 
‘‘(i) $38,580,000 for fiscal year 2015; 
‘‘(ii) $39,776,000 for fiscal year 2016; 
‘‘(iii) $41,009,000 for fiscal year 
2017; and 
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‘‘(iv) $42,280,000 for fiscal year 
2018. 
‘‘(E) GRANT PROGRAM FOR COMMERCIAL 
MOTOR
VEHICLE
OPERATORS.—To carry out 
section 31110 of this title, $1,000,000 for each 
fiscal year, 2015 through 2018. 
‘‘(2) REIMBURSEMENT
FOR
GOVERNMENT’S 
SHARE OF COSTS.—Amounts made available under 
this section shall be used to reimburse financial as-
sistance recipients proportionally for the United 
States Government’s share of the costs incurred. 
‘‘(3) DEDUCTION FOR PARTNER TRAINING AND 
PROGRAM SUPPORT.—On October 1 of each fiscal 
year or as soon after that date as practicable, the 
Secretary may deduct, from amounts made available 
under subparagraphs (A), (C), and (D) of paragraph 
1 of this subsection for that fiscal year, not more 
than 1.50 percent of those amounts for partner 
training and program support in that fiscal year. 
The Secretary shall use at least 75 percent of those 
deducted amounts to train non-Government employ-
ees and to develop related training materials in car-
rying out these programs. 
‘‘(4) GRANTS AND COOPERATIVE AGREEMENTS 
AS CONTRACTUAL OBLIGATIONS.—The approval of a 
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grant or cooperative agreement by the Secretary 
under section 31102, 31103, 31109, 31110, or 
31313 of this title is a contractual obligation of the 
Government for payment of the Government’s share 
of costs in carrying out the provisions of the grant 
or cooperative agreement. 
‘‘(5) ELIGIBLE
ACTIVITIES.—The Secretary 
shall establish criteria for eligible activities to be 
funded with grants or cooperative agreements under 
this section and publish those criteria in a notice of 
funding availability before the program application 
period. 
‘‘(6) REIMBURSEMENT.—The Secretary shall 
reimburse a recipient, from a grant or cooperative 
agreement made under section 31102, 31103, 
31109, 31110, or 31313 of this title, an amount 
that is at least 85 percent of the costs incurred by 
the recipient in a fiscal year in developing and im-
plementing programs under these sections. 
‘‘(7) PAYMENT TO RECIPIENTS FOR COSTS.— 
Each recipient shall submit vouchers at least quar-
terly for costs the recipient incurs in developing and 
implementing programs under section 31102, 31103, 
31109, 31110, or 31313 of this title. The Secretary 
shall pay the recipient an amount not more than the 
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Government share of the costs incurred as of the 
date of the vouchers. The Secretary shall include a 
recipient’s in-kind contributions in determining the 
reimbursement. 
‘‘(8) AVAILABILITY OF ALLOCATIONS.—Grants 
or cooperative agreements to carry out section 
31102, 31103, 31109, 31110, or 31313 of this title 
remain available for expenditure by the recipient for 
the fiscal year in which they are allocated and for 
the next two fiscal years. Amounts not expended 
during the time permitted are released to the Sec-
retary for reallocation. 
‘‘(b) ADMINISTRATIVE EXPENSES.— 
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
The following sums are authorized to be appro-
priated from the Highway Account of the Transpor-
tation Trust Fund for the Secretary of Transpor-
tation to pay administrative expenses of the Federal 
Motor Carrier Safety Administration— 
‘‘(A) $315,770,000 for fiscal year 2015; 
‘‘(B) $372,743,000 for fiscal year 2016; 
‘‘(C) $398,953,000 for fiscal year 2017; 
and 
‘‘(D) $378,106,000 for fiscal year 2018. 
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‘‘(2) USE OF FUNDS.—The funds authorized by 
this subsection shall be used for personnel costs; ad-
ministrative infrastructure; rent; information tech-
nology; programs for research and technology, infor-
mation management, regulatory development, the 
administration of the performance and registration 
information system management, and outreach and 
education; to fund the facilities working capital 
fund; other operating expenses; and such other ex-
penses as may from time to time become necessary 
to implement statutory mandates of the Federal 
Motor Carrier Safety Administration not funded 
from other sources. 
‘‘(3) OUTREACH AND EDUCATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
conduct, through any combination of grants, 
contracts, or cooperative agreements, an out-
reach and education program to be adminis-
tered by the Federal Motor Carrier Safety Ad-
ministration. 
‘‘(B) PROGRAM ELEMENTS.—The program 
shall include, at a minimum— 
‘‘(i) a program to promote a more 
comprehensive and national effort to edu-
cate commercial motor vehicle drivers and 
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349 
passenger vehicle drivers about how com-
mercial motor vehicle drivers and pas-
senger vehicle drivers can more safely 
share the road with each other; 
‘‘(ii) a program to promote enhanced 
traffic enforcement efforts aimed at reduc-
ing the incidence of the most common un-
safe driving behaviors that cause or con-
tribute to crashes involving commercial 
motor vehicles and passenger vehicles; and 
‘‘(iii) a program to establish a public- 
private partnership to provide resources 
and expertise for the development and dis-
semination of information relating to shar-
ing the road referred to in clauses (i) and 
(ii) of this subparagraph to each partner’s 
constituents and to the general public 
through the use of brochures, videos, paid 
and public advertisements, the Internet, 
and other media. 
‘‘(C) FUNDING.—From amounts made 
available in paragraph (1) of this subsection, 
the Secretary shall make available in support of 
the office of Outreach and Education— 
‘‘(i) $4,905,988 for fiscal year 2015; 
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‘‘(ii) $5,031,988 for fiscal year 2016; 
‘‘(iii) $5,294,988 for fiscal year 2017; 
and 
‘‘(iv) $5,294,988 for fiscal year 2018. 
‘‘(D) 
FEDERAL
SHARE.—The 
Federal 
share of a program or activity for which a grant 
or cooperative agreement is made under this 
paragraph shall be at least 85 percent of the 
cost of such program or activity. 
‘‘(4) MOTOR CARRIER SAFETY FACILITY WORK-
ING CAPITAL FUND.— 
‘‘(A) IN GENERAL.—The Secretary may es-
tablish a motor carrier safety facility working 
capital fund. 
‘‘(B) PURPOSE.—Amounts in the fund 
shall be available for modernization, construc-
tion, leases and expenses related to vacating, 
occupying, maintaining and expanding motor 
carrier safety facilities. 
‘‘(C) AVAILABILITY.—Amounts in the fund 
shall be available without regard to fiscal year 
limitation. 
‘‘(D) FUNDING.—Amounts may be appro-
priated to the fund from the amounts made 
available paragraph (1) of this subsection. 
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‘‘(E) FUND
TRANSFERS.—The Agency 
may transfer funds to the working capital fund 
from the amounts made available in paragraph 
(1) of this subsection. 
‘‘(c) CONTRACT
AUTHORITY; INITIAL
DATE
OF 
AVAILABILITY.—Amounts authorized from the Highway 
Account of the Transportation Trust Fund by this section 
shall be available for obligation on the date of their appor-
tionment or allocation or on October 1 of the fiscal year 
for which they are authorized, whichever occurs first. 
‘‘(d) FUNDING AVAILABILITY.—Amounts made avail-
able under this section remain available until expended.’’. 
(c) 
INNOVATIVE
TECHNOLOGY
DEPLOYMENT 
GRANTS.—Section 31109 is amended to read as follows: 
‘‘§ 31109. Innovative technology deployment grants 
‘‘(a) IN GENERAL.— 
‘‘(1) PROGRAM.—The Secretary shall admin-
ister an innovative technology program funded under 
section 31104 of this title. 
‘‘(2) GOAL.—The goal of the program is to sup-
port and maintain a commercial motor vehicle infor-
mation systems and networks program to— 
‘‘(A) link Federal motor carrier safety in-
formation systems with State commercial motor 
vehicle systems; 
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‘‘(B) improve the safety and productivity 
of commercial motor vehicles and drivers; and 
‘‘(C) reduce costs associated with commer-
cial motor vehicle operations and Federal and 
State commercial vehicle regulatory require-
ments. 
‘‘(b) PURPOSE.—The program shall advance the 
technological capability and promote the deployment of in-
telligent transportation system applications for commer-
cial motor vehicle operations, including commercial motor 
vehicle, commercial driver, and carrier-specific information 
systems and networks. 
‘‘(c) DEPLOYMENT GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
grants to eligible States for the deployment of com-
mercial motor vehicle information systems and net-
works. 
‘‘(2) USE
OF
FUNDS.—Funds from a grant 
under this section may be used for deployment ac-
tivities and activities to develop new and innovative 
advanced technology solutions that support commer-
cial motor vehicle information systems and networks. 
‘‘(d) ELIGIBILITY.—To be eligible for a grant under 
this section, a State— 
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‘‘(1) shall have a commercial motor vehicle in-
formation systems and networks program plan ap-
proved by the Secretary that describes the various 
systems and networks at the State level that need to 
be refined, revised, upgraded, or built to accomplish 
deployment of commercial motor vehicle information 
systems and networks capabilities; 
‘‘(2) shall certify to the Secretary that its com-
mercial motor vehicle information systems and net-
works deployment activities, including hardware pro-
curement, software and system development, and in-
frastructure modifications— 
‘‘(A) are consistent with the national intel-
ligent transportation systems and commercial 
motor vehicle information systems and networks 
architectures and available standards; and 
‘‘(B) promote interoperability and effi-
ciency to the extent practicable; and 
‘‘(3) shall agree to execute interoperability tests 
developed by the Federal Motor Carrier Safety Ad-
ministration to verify that its systems conform with 
the national intelligent transportation systems archi-
tecture, applicable standards, and protocols for com-
mercial motor vehicle information systems and net-
works. 
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‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) ‘Commercial motor vehicle information 
systems and networks’ means the information sys-
tems and communications networks that provide the 
capability to— 
‘‘(A) improve the safety of commercial 
motor vehicle operations; 
‘‘(B) increase the efficiency of regulatory 
inspection processes to reduce administrative 
burdens by advancing technology to facilitate 
inspections and increase the effectiveness of en-
forcement 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 commer-
cial motor 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 develop-
ment. 
‘‘(2) ‘Commercial motor vehicle operations’— 
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‘‘(A) means motor carrier operations and 
commercial motor vehicle regulatory activities 
associated with the commercial motor vehicle 
movement of goods, including property, haz-
ardous materials, and passengers; and 
‘‘(B) with respect to the public sector, in-
cludes the issuance of operating credentials, the 
administration of commercial motor vehicle and 
fuel taxes, and roadside safety and border 
crossing inspection and regulatory compliance 
operations. 
‘‘(3) ‘Deployment’ means, at a minimum, the 
implementation of systems in a State necessary to 
provide the State with the following capabilities: 
‘‘(A) A safety information exchange to— 
‘‘(i) electronically collect and transmit 
commercial motor vehicle and driver in-
spection data at a majority of inspection 
sites in the State; 
‘‘(ii) connect to the safety and fitness 
electronic records system for access to 
interstate carrier and commercial motor 
vehicle data, summaries of past safety per-
formance, and commercial motor vehicle 
credentials information; and 
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‘‘(iii) exchange carrier data and com-
mercial motor vehicle safety and creden-
tials information within the State and con-
nect to such system for access to interstate 
carrier, commercial motor vehicle, and 
commercial driver data. 
‘‘(B) Interstate credentials administration 
to— 
‘‘(i) perform end-to-end processing, 
including carrier application, jurisdiction 
application 
processing, 
and 
credential 
issuance, of at least the international reg-
istration plan and international fuel tax 
agreement credentials and extend this 
processing to other credentials, including 
intrastate registration, vehicle titling, over-
size vehicle permits, overweight vehicle per-
mits, carrier registration, and hazardous 
materials permits; and 
‘‘(ii) connect to such plan and agree-
ment clearinghouses. 
‘‘(C) Roadside electronic screening to elec-
tronically screen commercial vehicles at a min-
imum of one fixed or mobile inspection site in 
the State.’’. 
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(d) DRIVER TRAINING GRANT PROGRAM.—Chapter 
311 is amended by inserting after section 31109 (as 
amended by subsection (c) of this section) the following: 
‘‘§ 31110. Commercial motor vehicle operators grant 
program 
‘‘(a) IN GENERAL.—The Secretary shall administer 
a Commercial Motor Vehicle Operators Grant Program 
funded under section 31104 of this title. 
‘‘(b) PURPOSE.—The purpose of the program is to 
train individuals in the safe operation of commercial motor 
vehicles as defined under section 31301 of this title.’’. 
(e) Section 31313 is amended to read as follows: 
‘‘§ 31313. Financial assistance program for commer-
cial driver’s license program implementa-
tion 
‘‘(a) IN GENERAL.— 
‘‘(1) PURPOSE.—The Secretary of Transpor-
tation may make a grant to a State agency in a fis-
cal year— 
‘‘(A) to comply with the requirements of 
section 31311 of this title; 
‘‘(B) in the case of a State that is making 
a good faith effort toward substantial compli-
ance with the requirements of section 31311 of 
this title, to improve its implementation of its 
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commercial driver’s license program, including 
expenses: 
‘‘(i) for computer hardware and soft-
ware; 
‘‘(ii) for publications, testing, per-
sonnel, training, and quality control; 
‘‘(iii) for commercial driver’s license 
program coordinators; 
‘‘(iv) to implement or maintain a sys-
tem to notify an employer of an operator 
of a commercial motor vehicle of the sus-
pension or revocation of the operator’s 
commercial driver’s license consistent with 
the standards developed under section 
32303(b) of the Commercial Motor Vehicle 
Safety Enhancement Act of 2012 (49 
U.S.C. 31304 note). 
‘‘(2) PRIORITY
ACTIVITIES.—The Secretary 
may make a grant or cooperative agreement in a fis-
cal year to a State agency, local government, or any 
person for research, development or testing, dem-
onstration projects, public education, or other special 
activities and projects relating to commercial driver’s 
licensing and motor vehicle safety that— 
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‘‘(A) are of benefit to all jurisdictions of 
the United States; 
‘‘(B) are designed to address national safe-
ty concerns and circumstances; 
‘‘(C) are designed to address emerging 
issues relating to commercial driver’s license 
improvements; or 
‘‘(D) support innovative ideas and solu-
tions to commercial driver’s license program 
issues. 
‘‘(b) PROHIBITIONS.—A recipient may not use finan-
cial assistance funds awarded under this section to rent, 
lease, or buy land or buildings. 
‘‘(c) APPORTIONMENT.—All amounts made available 
to carry out this section for a fiscal year shall be appor-
tioned according to criteria prescribed by the Secretary of 
Transportation.’’. 
(f) MISCELLANEOUS REPEALS.— 
(1) Subsection (b) of section 31106 is amended 
by striking paragraph (4). 
(2) Section 31107 is repealed. 
(3) Subsection (g) of section 31144 is amended 
by striking paragraph (4), as redesignated by section 
5105 of this Act. 
(g) TECHNICAL AND CONFORMING AMENDMENT.— 
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(1) The analysis for chapter 311 is amended 
by— 
(A) striking the item relating to section 
31102 and inserting ‘‘31102. Motor Carrier 
Safety Assistance Program.’’; 
(B) striking the item relating to section 
31103 and inserting ‘‘31103. High Priority 
Grant Program.’’; 
(C) striking the item relating to section 
31107; 
(D) striking the item relating to section 
31109 and inserting ‘‘Innovative Technology 
Deployment Grants.’’; and 
(E) by adding at the end of Subchapter I 
the following: ‘‘31110. Commercial Motor Vehi-
cle Operators Grant Program.’’ 
(2) 
The 
subsection 
heading 
for 
section 
31106(b) is amended by striking ‘‘program’’ and in-
serting ‘‘system management’’. 
(3) Section 31161 is amended by striking 
‘‘31104(i)’’ and inserting ‘‘31104(b)’’. 
(4) The analysis for chapter 313 is amended by 
striking the item relating to section 31313 and in-
serting the following: ‘‘31313. Financial assistance 
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program for commercial driver’s license program im-
plementation.’’. 
Subtitle E—Miscellaneous 
SEC. 5501. MOTOR CARRIER SAFETY ADVISORY COM-
MITTEE. 
(a) MOTOR
CARRIER
SAFETY
ADVISORY
COM-
MITTEE.—Subchapter III of chapter 311 is amended by 
inserting after section 31152 (as added by section 5204) 
the following: 
‘‘§ 31153. Motor carrier safety advisory committee 
‘‘(a) ESTABLISHMENT AND DUTIES.—The Secretary 
shall maintain for the Federal Motor Carrier Safety Ad-
ministration a motor carrier safety advisory committee. 
The committee shall— 
‘‘(1) provide advice and recommendations to the 
Administrator of the Federal Motor Carrier Safety 
Administration about needs, objectives, plans, ap-
proaches, content, and accomplishments of the 
motor carrier safety programs carried out by the Ad-
ministration; and 
‘‘(2) provide advice and recommendations to the 
Administrator on motor carrier safety regulations. 
‘‘(b) MEMBERS, CHAIRMAN, PAY, AND EXPENSES.— 
‘‘(1) IN
GENERAL.—The committee shall be 
composed of not more than 20 members appointed 
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by the Administrator from among individuals who 
are not employees of the Administration and who 
are specially qualified to serve on the committee be-
cause of their education, training, or experience. The 
members shall consist of representatives of the 
motor carrier industry, nonprofit employee labor or-
ganizations representing commercial vehicle drivers, 
safety advocates, and safety enforcement officials. 
Representatives of a single enumerated interest 
group may not constitute a majority of the members 
of the advisory committee. A person appointed under 
this section shall not be considered an employee of 
the Federal Government by reason of the appoint-
ment. 
‘‘(2) CHAIRMAN.—The Administrator shall des-
ignate the chairman of the committee. 
‘‘(3) PAY.—A member of the committee shall 
serve without pay; except that the Administrator 
may allow a member, when attending meetings of 
the committee or a subcommittee of the committee, 
expenses authorized under section 5703 of title 5, 
relating to per diem, travel, and transportation ex-
penses. 
‘‘(c) SUPPORT STAFF, INFORMATION, AND SERV-
ICES.—The Administrator shall provide staff for the com-
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mittee. On request of the committee, and subject to the 
availability of funding, the Administrator shall provide in-
formation, administrative services, and supplies that the 
Administrator considers necessary for the committee to 
carry out its duties and powers.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) The analysis for chapter 311 is amended by 
inserting after the item relating to 31152 (as added 
by section 5204 of this Act) the following: 
‘‘31153. Motor Carrier Safety Advisory Committee.’’. 
(2) Section 4144 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (49 U.S.C. 31100 note) is re-
pealed. 
SEC. 5502. UNIFIED CARRIER REGISTRATION PLAN. 
Section 14504a is amended— 
(1) in subsection (a)(5)(A)(ii)(II), by striking 
‘‘subsection (d)(4)(C)’’ and inserting ‘‘subsection 
(d)(5)(C)’’; 
(2) in subsection (d)(1)(B), by striking ‘‘ap-
pointed by the Secretary as follows’’ and inserting ‘‘. 
In making appointments of directors, the Secretary 
should seek to achieve the following distribution’’; 
(3) in subsection (d)(1)(B)(iii), by striking 
‘‘Five’’ and inserting ‘‘Six’’ and inserting the fol-
lowing before the last sentence: ‘‘At least one of the 
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appointees under this clause shall be a representa-
tive of the passenger motorcoach industry.’’; 
(4) in subsection (d)(1)(B), by striking clause 
(iv); 
(5) in subsection (d)(1)(C), by striking ‘‘Sec-
retary’’ and inserting ‘‘board of directors’’; 
(6) in subsection (d)(1)(D)— 
(A) by striking clause (i) and redesignating 
clauses (ii) through (iv) as clauses (i) through 
(iii), respectively; and 
(B) by amending clause (i), (as so redesig-
nated) to read as follows: 
‘‘(i) TERMS.—All directors shall be 
appointed for terms of 3 years.’’; 
(7) in subsection (d)(2)(C), by striking ‘‘and’’; 
(8) in subsection (d)(2)(D), by striking the pe-
riod and inserting ‘‘; and’’ at the end; 
(9) in subsection (d)(2), by inserting after sub-
paragraph (D) the following: 
‘‘(E) require the board to conduct an audit 
of the UCR plan’s use of administrative fees no 
less frequently than once every two years.’’; 
(10) in subsection (d)(3)(A)— 
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(A) by striking ‘‘Except for the representa-
tive of the Department appointed under para-
graph (1)(B)(iv), no’’; and 
(B) by inserting ‘‘No’’ before ‘‘director 
shall receive’’; 
(11) in subsection (d)(4)(A), by striking ‘‘of the 
board,’’ and inserting ‘‘of the board or’’ and striking 
‘‘, or the Secretary’’; 
(12) in subsection (d)(6), by inserting ‘‘or the 
United States Government’’ after ‘‘agency of a 
State’’; 
(13) by redesignating section 14504a(d)(7)(A) 
as section 14504a(d)(7) and amending paragraph 
(7) (as so redesignated) to read as follows: 
‘‘(7) SETTING FEES.—The board shall set the 
initial annual fees to be assessed carriers, leasing 
companies, brokers, and freight forwarders under 
the unified carrier registration agreement. In setting 
the level of fees to be assessed in any agreement 
year, and in setting the fee level, the board shall 
consider— 
‘‘(A) the administrative costs associated 
with the unified carrier registration plan and 
the agreement; 
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‘‘(B) whether the revenues generated in 
the previous year and any surplus or shortage 
from that year or prior years enable the partici-
pating States to achieve the revenue levels set 
by the board; and 
‘‘(C) the provisions governing fees under 
subsection (f)(1).’’; 
(14) by striking subsection (d)(7)(B); 
(15) by amending subsection (d)(9) to read as 
follows: 
‘‘(9) INAPPLICABILITY.—Neither the Federal 
Advisory Committee Act (5 U.S.C. App.) nor the 
Administrative Procedure Act (5 U.S.C. 551 et seq.) 
shall apply to the unified carrier registration plan, 
the board, or its committees.’’; 
(16) 
by 
redesignating 
subsections 
(d)(1) 
through (10) as (d)(2) through (11), respectively; 
(17) by inserting a new subsection (d)(1) before 
subsection (d)(2) (as redesignated in paragraph) to 
read as follows: 
‘‘(1) STATUS.—The unified carrier registration 
plan— 
‘‘(A) is an interstate agreement established 
under this section; 
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(B) by striking ‘‘subsection (d)(2)(D)’’ and 
inserting ‘‘subsection (d)(3)(D)’’, as redesig-
nated; 
(25) by amending subsection (h)(3)(B) to read 
as follows: 
‘‘(B) To pay the administrative costs of 
the UCR plan and the UCR agreement. Pay-
ments for administrative costs may be made 
prior to making distributions under subpara-
graph (A).’’; 
(26) in subsection (h)(4), by striking ‘‘Sec-
retary’’ and inserting ‘‘board’’; and 
(27) by amending subsection (i) to read as fol-
lows: 
‘‘(i) ENFORCEMENT.—Nothing in this section— 
‘‘(1) prohibits a participating State from 
issuing citations and imposing reasonable fines and 
penalties pursuant to the applicable laws and regula-
tions of the State on any motor carrier, motor pri-
vate carrier, freight forwarder, broker, or leasing 
company for failure to— 
‘‘(A) submit information documents as re-
quired under subsection (d)(3); or 
‘‘(B) pay the fees required under sub-
section (f); or 
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‘‘(2) authorizes a State to require a motor car-
rier, motor private carrier, or freight forwarder to 
display as evidence of compliance any form of identi-
fication in excess of those permitted under section 
14506 of this title on or in a commercial motor vehi-
cle.’’. 
SEC. 5503. SELF-INSURANCE FOR MOTOR CARRIERS RE-
PEALED. 
Section 13906(d) is amended by striking the second, 
third and last sentences. 
SEC. 5504. ELECTRONIC LOGGING DEVICE RECALL AU-
THORITY. 
Section 31137 is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (h) and (i), respectively; and 
(2) by inserting before subsection (h), as redes-
ignated, the following: 
‘‘(f) NOTICE
AND RECORD REQUIREMENTS.—The 
Secretary may require an electronic logging device pro-
vider to— 
‘‘(1) provide the purchaser or lessee of an elec-
tronic logging device, in a manner the Secretary con-
siders appropriate, any information or notice that 
the Secretary considers necessary; and 
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‘‘(2) maintain records of electronic logging de-
vice purchasers and lessees in order to provide any 
information or notice required under paragraph (1) 
of this subsection. 
‘‘(g) NONCOMPLIANT DEVICES.— 
‘‘(1) The Secretary shall notify an electronic 
logging device provider after making a preliminary 
decision that an electronic logging device does not 
comply with the standards established through the 
regulations prescribed under subsection (a) in effect 
at the time of certification. 
‘‘(2) The Secretary shall publish notice of each 
preliminary decision in the Federal Register. 
‘‘(3) The Secretary may make a final decision 
that an electronic logging device does not comply 
with the standards only after— 
‘‘(A) giving the electronic logging device 
provider an opportunity to— 
‘‘(i) correct the deficiency in order 
that the electronic logging device complies 
with the standards; or 
‘‘(ii) present information to show that 
the electronic logging device complies with 
the standards; and 
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‘‘(B) giving any other interested person an 
opportunity to present information as to the 
electronic logging device’s noncompliance. 
‘‘(4) If the Secretary makes a final decision 
that an electronic logging device does not comply 
with the standards in effect at the time of certifi-
cation, the Secretary shall order the electronic log-
ging device provider to give notice under subsection 
(f) of this section to each purchaser or lessee of the 
electronic logging device that the electronic logging 
device provider has been required to— 
‘‘(A) recall the electronic logging device; 
and 
‘‘(B) remedy the defect so that the pur-
chaser or lessee of the electronic logging device 
obtains a compliant electronic logging device 
within a reasonable time and in accordance with 
the terms prescribed by the Secretary.’’. 
SEC. 5505. REPEAL OF MOTOR CARRIER FINANCIAL RE-
PORTING REQUIREMENT. 
Section 14123 and the item relating to that section 
in the analysis for chapter 141 are repealed. 
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372 
SEC. 5506. CONTRACTORS EXERCISING OPERATIONAL CON-
TROL OVER MOTOR CARRIER OPERATIONS. 
(a) CONTRACTORS EXERCISING OPERATIONAL CON-
TROL OVER MOTOR CARRIER OPERATIONS.—Chapter 311 
is amended by inserting after section 31139 the following: 
‘‘§ 31139a. Contractors exercising operational control 
over motor carrier operations 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
may issue regulations governing contractors that exercise 
control over motor carrier operations. 
‘‘(b) CONTENTS.—The regulations issued under this 
section shall include, at a minimum— 
‘‘(1) a requirement that contractors register 
with the Secretary under this chapter; 
‘‘(2) a requirement that contractors create and 
maintain records applicable to regulatory provisions 
over which they exercise control or which they con-
duct directly; 
‘‘(3) a program for the evaluation and audit of 
compliance by contractors with applicable Federal 
motor carrier safety regulations; 
‘‘(4) a civil penalty structure consistent with 
section 521(b) of this title, for contractors that fail 
to comply with applicable Federal motor carrier 
safety regulations; 
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‘‘(5) a prohibition on contractors from placing 
commercial motor vehicles or drivers in service on 
the public highways to the extent that such drivers 
or their equipment are found to pose an imminent 
hazard; 
‘‘(6) a process by which motor carriers and 
agents of motor carriers shall be able to request the 
Federal Motor Carrier Safety Administration to un-
dertake an investigation of a contractor identified 
that is alleged to be not in compliance with the regu-
lations under this section; and 
‘‘(7) a procedure under which motor carriers, 
drivers, and contractors may seek correction of their 
safety records through the deletion from those 
records of violations of safety regulations attrib-
utable to deficiencies in operation or driver perform-
ance for which they should not have been held re-
sponsible. 
‘‘(c) INSPECTIONS.—The Secretary or an employee of 
the Department of Transportation designated by the Sec-
retary or a contractor or an employee of the recipient of 
a grant issued under section 31102 of this title may in-
spect records for operations controlled by or drivers pro-
vided by the contractor, upon demand and display of prop-
er credentials in person or in writing. 
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‘‘(d) OUT-OF-SERVICE.—Any contractor that is de-
termined under this section to fail to comply with applica-
ble Federal safety regulations may be placed out of service 
by the Secretary or a Federal, State, or government offi-
cial designated by the Secretary and may not exercise 
operational control over a motor carrier’s drivers and com-
mercial motor vehicles and may not provide drivers or 
commercial motor vehicles to a motor carrier until the con-
tractor takes actions necessary to come into compliance. 
‘‘(e) DEFINITION OF CONTRACTOR.—For purposes of 
this section, exclusive of the first use of term in subsection 
(c), the term ‘contractor’ means a person, other than a 
motor carrier, that does one or more of the following: 
‘‘(1) Enters into a contract with a motor carrier 
under which the motor carrier provides commercial 
motor vehicles and drivers dedicated to transporting 
property or passengers for the person over multiple 
trips where the person exercises direct operational 
control, such as setting schedules, routes, pick-up 
and delivery points, and dispatching drivers and 
commercial motor vehicles. 
‘‘(2) Enters into a contract with a motor carrier 
to provide drivers to the carrier and represents that 
it is responsible for ensuring that the drivers meet 
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the qualifications required by this part and regula-
tions promulgated under this part. 
‘‘(3) Enters into a contract with a motor carrier 
to provide commercial motor vehicles to the motor 
carrier (other than for purchase or lease to pur-
chase) and represents that it is responsible under 
the contract for ensuring that the vehicles meet the 
requirements of this part and regulations promul-
gated under it.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 311 is amended by inserting after the item relat-
ing to section 31139 the following: 
‘‘31139a. Contractors exercising operational control over motor carrier oper-
ations’’. 
SEC. 5507. DRIVER COMPENSATION. 
(a) IN GENERAL.—Chapter 311 is amended by in-
serting after section 31139a (as added by section 5506 
of this Act) the following: 
‘‘§ 31140. Driver compensation 
‘‘(a) ON-DUTY, NOT-DRIVING TIME.—The Secretary 
of Transportation may by regulation require that a motor 
carrier employer— 
‘‘(1) track the on-duty (not driving) time of an 
employee whose base compensation is calculated in a 
manner other than an hourly wage and who is re-
quired to keep a record of duty status under the 
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hours of service regulations prescribed by the Sec-
retary; and 
‘‘(2) separately compensate the employee for 
any on-duty, not-driving period at an hourly rate not 
less than the Federal minimum wage rate under sec-
tion 6 of the Fair Labor Standards Act (29 U.S.C. 
206). 
‘‘(b) SCOPE.—This section does not apply to an em-
ployee whose employment is governed by a collective bar-
gaining agreement, negotiated by employee representatives 
certified as bona fide by the National Labor Relations 
Board, if the agreement governs compensation of the em-
ployee for on-duty, not-driving time. 
‘‘(c) OTHER LAW.—Nothing in this section or regula-
tions adopted under this section shall alter an employer’s 
obligations under the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.). Compensation of employees under 
this section and regulations adopted under this section 
shall be in addition to other compensation calculated for 
purposes of determining compliance with the Fair Labor 
Standards Act.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 311 is amended by inserting after the item relat-
ing to section 31139a (as added by section 5506 of this 
Act) the following: 
‘‘31140. Driver compensation’’. 
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377 
SEC. 5508. CIVIL ENFORCEMENT AUTHORITY. 
Section 507 is amended— 
(1) in subsection (b)— 
(A) by inserting ‘‘, subchapter III of chap-
ter 311, chapter 313, or chapter 315’’ after the 
first ‘‘this chapter’’; 
(B) by striking the second ‘‘this chapter’’ 
and inserting ‘‘these provisions’’; and 
(C) by striking ‘‘violating this chapter or a 
regulation or order of the Secretary’’ and in-
serting ‘‘for a violation’’; and 
(2) in subsection (c)— 
(A) by striking ‘‘, at the request of the 
Secretary, may’’ and inserting ″may, and at the 
request of the Secretary, shall; and 
(B) by striking ‘‘(except sections 31138 
and 31139) or section 31502’’ and inserting ‘‘, 
chapter 313, and chapter 315’’. 
SEC. 5509. CRIMINAL PENALTIES. 
Section 521(b)(6)(A) is amended by— 
(1) striking ‘‘and willfully’’; 
(2) striking the second ‘‘or’’; 
(3) inserting ‘‘or order’’ after ‘‘regulation’’; 
(4) inserting ‘‘, or an imminent hazard out-of- 
service order issued under this section’’ after ‘‘those 
provisions’’; 
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(5) striking ‘‘to a fine not to exceed $25,000’’ 
and inserting ‘‘to a fine as set forth in section 3571 
of title 18’’; 
(6) striking ‘‘, except that, if’’ and inserting ‘‘. 
If’’; and 
(7) striking ‘‘to a fine not to exceed $2,500’’ 
and inserting ‘‘to a fine as set forth in section 3571 
of title 18 or imprisonment for a term not to exceed 
one year, or both’’. 
SEC. 5510. PENALTIES FOR VIOLATIONS OF OUT-OF-SERV-
ICE ORDERS. 
Section 521(b)(2)(F) is amended by inserting the end 
the following: ‘‘Each day of operation after the effective 
date of the out-of-service order is a separate offense.’’ 
SEC. 5511. TECHNICAL CORRECTIONS. 
(a) FLEETWIDE OUT-OF-SERVICE ORDER FOR OPER-
ATING
WITHOUT
REQUIRED
REGISTRATION.—Section 
13902(e)(1) is amended— 
(1) by inserting ‘‘motor vehicle or’’ before 
‘‘motor carrier providing’’; and 
(2) by inserting ‘‘motor vehicle or’’ before 
‘‘motor carrier operations’’. 
(b) SETTLEMENT OF GENERAL CIVIL PENALTIES.— 
Section 14901(h) is amended by striking ‘‘HOUSEHOLD 
GOODS’’ in the subsection heading. 
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(c) HOURS OF SERVICE STUDY AND ELECTRONIC 
LOGGING DEVICES.—Section 30165(a)(1) is amended by 
striking ‘‘30141 through 30147, or 31137’’ and inserting 
‘‘or 30141 through 30147’’. 
(d) MEDICAL STANDARDS AND REQUIREMENTS.— 
Section 31149(c)(1)(E) is amended by striking ‘‘on a 
monthly basis’’. 
(e) NATIONAL CLEARINGHOUSE FOR CONTROLLED 
SUBSTANCE AND ALCOHOL TEST RESULTS.— 
(1) Section 521 is amended— 
(A) by inserting ‘‘, section 31306(b),’’ be-
fore ‘‘or section 31502’’ in subparagraph 
(b)(2)(A); 
(B) by amending the subparagraph head-
ings for subparagraphs (b)(2)(C) and (b)(6)(B), 
by inserting after ‘‘CDLS’’, each place it ap-
pears, ‘‘AND ALCOHOL AND CONTROLLED SUB-
STANCE TESTING’’; and 
(C) by inserting in subparagraph (b)(2)(C) 
and clause (b)(6)(B)(i), after ‘‘31305(b),’’ each 
place it appears, ‘‘31306, 31306a,’’. 
(2) Section 31306a(f) is amended by inserting 
‘‘AND SERVICE AGENT’’ before ‘‘REQUIREMENTS.’’ 
in the subsection heading. 
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(f) EXEMPTIONS FROM REQUIREMENTS FOR COV-
ERED FARM VEHICLES.—Subsection 32934(c)(1)(B) of 
the Moving Ahead for Progress in the 21st Century Act 
(Public Law 112–141) is amended by striking ‘‘26,001 
pounds’’ in both places it occurs and inserting ‘‘26,000 
pounds’’. 
(g) CORRECTING REFERENCE TO FMCSA IN STAT-
UTE.—Section 30305(b)(1) is amended by striking ‘‘Fed-
eral Highway Administration’’ and inserting ‘‘Federal 
Motor Carrier Safety Administration’’. 
SEC. 5512. AUDITS AND COMPLIANCE INVESTIGATIONS OF 
MEXICO-DOMICILED MOTOR CARRIERS. 
Section 130 of division L of Public Law 113–76 is 
amended by inserting after ‘‘110–28’’ the following: ‘‘, ex-
cept to the extent that a term or condition in either section 
350 or section 6901 requires that safety examinations of 
Mexico-domiciled motor carriers be conducted on-site; 
nothing in section 350 or section 6901 shall be construed 
as limiting the ability of the Federal Motor Carrier Safety 
Administration to conduct any compliance review, new en-
trant safety audit, or other inspection or investigation of 
a Mexico-domiciled motor carrier at any location pre-
scribed by the Administrator of the Federal Motor Carrier 
Safety Administration’’. 
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SEC. 5513. ADMINISTRATIVE ADJUDICATION OF VIOLA-
TIONS OF COMMERCIAL REGULATIONS AND 
STATUTES. 
Section 14702 is amended by adding at the end the 
following: 
‘‘(d) ADMINISTRATIVE ADJUDICATIONS.—In addition 
to civil actions under subsection (a) of this section, the 
authority of the Secretary includes authority to maintain 
by regulation procedures for the administrative adjudica-
tion of violations of this part.’’. 
SEC. 5514. ACCESS TO NATIONAL DRIVER REGISTER. 
Section 30305(b) is amended by inserting at the end 
the following: 
‘‘(13) The Administrator of the Federal Motor 
Carrier Safety Administration may request the chief 
driver licensing official of a State to provide infor-
mation under subsection (a) of this section about an 
individual in connection with a safety investigation 
under the Administrator’s jurisdiction.’’. 
SEC. 5515. ELIMINATION OF CERTAIN FMCSA REPORTING 
REQUIREMENTS. 
(a) MOTOR CARRIER EFFICIENCY STUDY ANNUAL 
REPORT.—Section 5503 of the Safe, Accountable, Flexi-
ble, Efficient Transportation Equity Act: A Legacy for 
Users (Public Law 109–59) is amended by— 
(1) by striking subsection (d); and 
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(2) redesignating subsection (e) as subsection 
(d). 
(b) SAFETY DATA IMPROVEMENT PROGRAM RE-
PORT.—Section 4128 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users 
(Public Law 109–59) is amended by striking subsection 
(d). 
TITLE 
VI—HAZARDOUS 
MATE-
RIAL 
TRANSPORTATION 
SAFETY 
SEC. 6001. AMENDMENT OF TITLE 49, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 49, United States 
Code. 
SEC. 6002. EMERGENCY OPERATIONAL CONTROLS. 
(a) IN GENERAL.—Chapter 51 is amended by insert-
ing after section 5128 the following: 
‘‘§ 5129. Emergency operational controls 
‘‘(a) ORDERING OPERATIONAL CONTROLS, RESTRIC-
TIONS, AND PROHIBITIONS.— 
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‘‘(1) IN GENERAL.—If, upon inspection, inves-
tigation, testing, or research carried out under this 
chapter, the Secretary determines that an unsafe 
condition or practice, or a combination of unsafe 
conditions and practices, or an activity existing with-
in a regulated entity or industry, related to the 
transportation of hazardous materials in commerce, 
causes an emergency situation involving a hazard of 
death, personal injury, or significant harm to prop-
erty or the environment, the Secretary immediately 
may order such operational controls, restrictions, 
and prohibitions, without prior notice or an oppor-
tunity for a hearing, as may be necessary to abate 
the situation. 
‘‘(2) WRITTEN ORDERS.—The order shall be in 
writing, and describe— 
‘‘(A) the condition, practice, or activity 
that causes the emergency situation; 
‘‘(B) the operational controls, restrictions, 
and prohibitions issued or imposed; and 
‘‘(C) the standards and procedures for ob-
taining relief from the order. This paragraph 
does not affect the Secretary’s discretion under 
this section to maintain the order in effect for 
as long as the emergency situation exists. 
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‘‘(3) EMERGENCY VARIANCE.—Notwithstanding 
section 5117(e) of this title, such orders may provide 
for an emergency variance from this chapter or a 
regulation prescribed thereunder. 
‘‘(b) REVIEW OF ORDERS.—After issuing an order 
under this section, the Secretary shall provide an oppor-
tunity for review of the order under section 554 of title 
5. If a petition for review is filed and the review is not 
completed by the end of the 30-day period beginning on 
the date the order was issued, the order stops being effec-
tive at the end of that period unless the Secretary decides 
in writing that the emergency situation still exists.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 51 is amended by inserting after the item relating 
to section 5128 the following: 
‘‘5129. Emergency operational controls’’. 
SEC. 6003. ENHANCED REGISTRATION REQUIREMENTS. 
Section 5108 is amended by— 
(1) inserting the following after subsection 
(a)(2)(B): 
‘‘(C) a person who performs, or is respon-
sible for performing, a function specified by 
regulation prescribed under this chapter that is 
required to assure the safe transportation of 
hazardous material, in commerce, and is subject 
to the training requirements of section 5107.’’; 
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(2) in subsection (a)(3), inserting after ‘‘mate-
rial,’’ the following: ‘‘or perform or be responsible 
for performing a function specified by regulation 
prescribed under this chapter that is required to as-
sure the safe transportation of hazardous material, 
in commerce, and is subject to the training require-
ments of section 5107,’’; 
(3) in subparagraph (g)(2)(A), by striking ‘‘and 
impose by regulation’’; and 
(4) in subparagraphs (g)(2)(B) and (g)(2)(C), 
replacing ‘‘(i)’’ with ‘‘(h)’’. 
SEC. 6004. USER FEES FOR SPECIAL PERMITS. 
Section 5117 is amended by inserting the following 
at the end: 
‘‘(g) FEES.— 
‘‘(1) AUTHORIZATION.—The Secretary is au-
thorized to collect a reasonable fee, to the extent and 
in such amounts as provided in advance in appro-
priations acts, for the administration of the special 
permits and approvals programs. The fees shall be 
deposited into a Hazardous Materials Approvals and 
Permits Fund, which shall remain available until ex-
pended. 
‘‘(2) ESTABLISHMENT
AND
USE
OF
FEES.— 
There is established a Hazardous Materials Approv-
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als and Permits Fund in the Department of the 
Treasury of the United States. Amounts collected 
from fees under paragraph (1) shall be available for 
administration of the special permits and approvals 
programs. 
‘‘(3) FEES
CREDITED
AS
OFFSETTING
RE-
CEIPTS.—Notwithstanding section 3302 of title 31, 
any fee authorized to be collected under this sub-
section shall be credited as offsetting receipts, and 
remain available until expended. 
‘‘(4) REGULATIONS.—The Secretary, after pro-
viding notice and an opportunity for public com-
ment, shall issue regulations to implement this sub-
section.’’. 
SEC. 6005. NATIONAL EMERGENCY AND DISASTER RE-
SPONSE. 
(a) PURPOSE.—Section 5101 is amended by inserting 
‘‘and to facilitate the safe movement of hazardous mate-
rials during national emergencies’’ after ‘‘commerce’’. 
(b) STANDARDS.—Section 5103 is amended by redes-
ignating subsections (c) and (d) as (d) and (e) and insert-
ing new subsection (c) to read as follows: 
‘‘(c) FEDERALLY DECLARED DISASTER AND EMER-
GENCY AREAS.—The Secretary, in consultation with the 
Secretary of Homeland Security, may prescribe standards 
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to facilitate the movement of hazardous materials into, 
from and within federally declared disaster and emergency 
areas.’’. 
SEC. 6006. ENHANCED REPORTING. 
Section 5121(h) is amended by— 
(1) striking ‘‘transmit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate’’; and 
(2) inserting ‘‘make public’’ after ‘‘and’’. 
SEC. 6007. IMPROVING PUBLICATION OF SPECIAL PERMITS. 
Section 5117 is amended— 
(1) in subsection (b), by striking ‘‘publish in 
the Federal Register’’ and inserting ‘‘make public 
through’’ after ‘‘shall’’; and 
(2) in subsection (c), by striking ‘‘publish’’ and 
‘‘in the Federal Register’’ and inserting ‘‘make pub-
lic’’ after ‘‘shall’’. 
SEC. 6008. HAZARD ABATEMENT AUTHORITY. 
(a) IN GENERAL.—Chapter 51 is amended by insert-
ing after section 5129 the following: 
‘‘§ 5130. Hazard abatement authority 
‘‘(a) ORDERING REMOVAL, REMEDIATION, OR DIS-
POSAL.—If, upon inspection, investigation, testing, or re-
search, the Secretary determines that an unsafe condition, 
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practice, or activity, related to the transportation of haz-
ardous materials in commerce or other items subject to 
this chapter, causes unreasonable risk of death, personal 
injury, or significant harm to the property or the environ-
ment, the Secretary may order removal, remediation, or 
disposal of such hazardous materials or other items sub-
ject to this chapter, as may be necessary to abate the un-
reasonable risk. 
‘‘(b) WRITTEN ORDERS.—The order shall be in writ-
ing, and describe— 
‘‘(1) the condition, practice, or activity that 
causes the unreasonable risk; 
‘‘(2) the actions that must be taken to abate 
the unreasonable risk; and 
‘‘(3) the standards and procedures for obtaining 
relief from the order. 
‘‘(c) DURATION OF ORDER.—Subsection (b) does not 
affect the Secretary’s discretion under this section to 
maintain the order in effect for as long as the emergency 
situation exists. 
‘‘(d) FAILURE TO COMPLY.—If the Secretary deter-
mines that a person has failed to comply with an order 
for removal, remediation, or disposal, the Secretary may 
take such action to arrange for the removal, remediation, 
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or disposal of such hazardous materials as necessary to 
abate the unreasonable risk. 
‘‘(e) LIABILITY FOR NONCOMPLIANCE.—Upon a de-
termination by the Secretary that a person has failed to 
comply with an order for removal, remediation, or disposal 
of a hazardous material, such person shall be liable for 
all costs incurred by the United States Government in re-
moving, remediating, or disposing of such hazardous ma-
terials.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 51 is amended by inserting after the item relating 
to section 5129 the following: 
‘‘5130. Hazard abatement authority’’. 
SEC. 6009. INSPECTION OF NON-DOMESTIC ENTITIES. 
Section 5121 is amended by inserting the following 
after subsection (c)(3): 
‘‘(4) INSPECTION
OF
NON-DOMESTIC
ENTI-
TIES.—In instances when a person seeks to manu-
facture, requalify, or inspect a DOT specification 
packaging or special permit cylinders or certify com-
pliance with title 49 of the Code of Federal Regula-
tions outside the United States, that person must 
seek an approval from the Secretary to perform that 
function outside the United States. Upon the re-
quest of the Secretary, the applicant must allow the 
Secretary or the Secretary’s designee to inspect the 
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‘‘(B) 21.8 cents per gallon of kerosene sub-
ject to section 6427(l)(4)(B) with respect to 
which a payment has been made by the Sec-
retary under section 6427(l). 
Transfers under the preceding sentence shall be 
made on the basis of estimates by the Secretary, and 
proper adjustments shall be made in the amounts 
subsequently transferred to the extent prior esti-
mates were in excess of or less than the amounts re-
quired to be transferred. Any amount allowed as a 
credit under section 34 by reason of paragraph (4) 
of section 6427(l) shall be treated for purposes of 
subparagraphs (A) and (B) as a payment made by 
the Secretary under such paragraph. 
‘‘(e) ESTABLISHMENT
OF
MASS
TRANSIT
AC-
COUNT.— 
‘‘(1) CREATION OF ACCOUNT.—There is estab-
lished in the Transportation Trust Fund a separate 
account to be known as the ‘Mass Transit Account’ 
consisting of such amounts as may be transferred or 
credited to the Mass Transit Account as provided in 
this section or section 9602(b). 
‘‘(2) TRANSFERS
TO
MASS
TRANSIT
AC-
COUNT.—The Secretary of the Treasury shall trans-
fer to the Mass Transit Account— 
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