752
(1) IN GENERAL.—For each fiscal year, from
the funds remaining after the Secretary has made
grants under subsection (c), the Secretary may make
grants to each eligible State, upon request, for the
expanded deployment of commercial vehicle informa-
tion systems and networks.
(2) ELIGIBILITY.—Each State that has com-
pleted the core deployment of commercial vehicle in-
formation systems and networks in such State is eli-
gible for an expanded deployment grant under this
subsection.
(3) AMOUNT OF GRANTS.—Each fiscal year, the
Secretary may distribute funds available for ex-
panded deployment grants equally among the eligible
States, but not to exceed $1,000,000 per State.
(4) USE OF FUNDS.—A State may use funds
from a grant under this subsection only for the ex-
panded deployment of commercial vehicle informa-
tion systems and networks.
(e) ELIGIBILITY.—To be eligible for a grant under
this section, a State—
(1) shall have a commercial vehicle information
systems and networks program plan approved by the
Secretary that describes the various systems and
networks at the State level that need to be refined,
753
revised, upgraded, or built to accomplish deployment
of core capabilities;
(2) shall certify to the Secretary that its com-
mercial vehicle information systems and networks
deployment activities, including hardware procure-
ment, software and system development, and infra-
structure modifications—
(A) are consistent with the national intel-
ligent transportation systems and commercial
vehicle information systems and networks archi-
tectures and available standards; and
(B) promote interoperability and efficiency
to the extent practicable; and
(3) shall agree to execute interoperability tests
developed by the Federal Motor Carrier Safety Ad-
ministration to verify that its systems conform with
the national intelligent transportation systems archi-
tecture, applicable standards, and protocols for com-
mercial vehicle information systems and networks.
(f) FEDERAL SHARE.—The Federal share of the cost
of a project payable from funds made available to carry
out this section shall not exceed 50 percent. The total Fed-
eral share of the cost of a project payable from all eligible
sources shall not exceed 80 percent.
754
(g) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) COMMERCIAL VEHICLE INFORMATION SYS-
TEMS AND NETWORKS.—The term ‘‘commercial ve-
hicle information systems and networks’’ means the
information systems and communications networks
that provide the capability to—
(A) improve the safety of commercial
motor vehicle operations;
(B) increase the efficiency of regulatory in-
spection processes to reduce administrative bur-
dens by advancing technology to facilitate in-
spections and increase the effectiveness of 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.
755
(2) 
COMMERCIAL
MOTOR
VEHICLE
OPER-
ATIONS.—The term ‘‘commercial motor vehicle
operations’’—
(A) means motor carrier operations and
motor vehicle regulatory activities associated
with the commercial motor vehicle movement of
goods, including hazardous materials, and pas-
sengers; and
(B) with respect to the public sector, in-
cludes the issuance of operating credentials, the
administration of motor vehicle and fuel taxes,
and roadside safety and border crossing inspec-
tion and regulatory compliance operations.
(3) CORE DEPLOYMENT.—The term ‘‘core de-
ployment’’ means the deployment of systems in a
State necessary to provide the State with the fol-
lowing capabilities:
(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
756
vehicle data, summaries of past safety per-
formance, and commercial motor vehicle
credentials information; and
(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 and commercial motor vehicle data.
(B) Interstate credentials administration
to—
(i) perform end-to-end processing, in-
cluding carrier application, jurisdiction ap-
plication 
processing, 
and 
credential
issuance, of at least the international reg-
istration plan and international fuel tax
agreement credentials and extend this
processing to other credentials, including
intrastate registration, vehicle titling, over-
size vehicle permits, overweight vehicle per-
mits, carrier registration, and hazardous
materials permits;
(ii) connect to such plan and agree-
ment clearinghouses; and
(iii) have at least 10 percent of the
credentialing transaction volume in the
757
State handled electronically and have the
capability to add more carriers and to ex-
tend to branch offices where applicable.
(C) Roadside electronic screening to elec-
tronically screen transponder-equipped commer-
cial vehicles at a minimum of one fixed or mo-
bile inspection site in the State and to replicate
this screening at other sites in the State.
(4) EXPANDED DEPLOYMENT.—The term ‘‘ex-
panded deployment’’ means the deployment of sys-
tems in a State that exceed the requirements of a
core deployment of commercial vehicle information
systems and networks, improve safety and the pro-
ductivity of commercial motor vehicle operations,
and enhance transportation security.
(h) REPEAL.—Section 5209 of the Transportation
Equity Act for the 21st Century (23 U.S.C. 502 note; 112
Stat. 460–461) is repealed.
SEC. 4110. SAFETY FITNESS.
(a) IN GENERAL.—Section 31144(a) of title 49,
United States Code, is amended to read as follows:
‘‘(a) IN GENERAL.—The Secretary shall—
‘‘(1) determine whether an owner or operator is
fit to operate safely commercial motor vehicles, uti-
lizing among other things the accident and safety in-
758
spection record of an owner or operator during
operations—
‘‘(A) in interstate commerce in the United
States;
‘‘(B) in a State that affects interstate com-
merce in the United States; and
‘‘(C) in Canada or Mexico if the owner or
operator also conducts operations in the United
States;
‘‘(2) periodically update such safety fitness de-
terminations;
‘‘(3) make such final safety fitness determina-
tions readily available to the public; and
‘‘(4) prescribe by regulation penalties for viola-
tions of this section consistent with section 521.’’.
(b) PROHIBITED TRANSPORTATION.—The first sub-
section (c) of such section 31144 is amended by adding
at the end the following:
‘‘(5) 
TRANSPORTATION
AFFECTING
INTER-
STATE COMMERCE.—Owners or operators of com-
mercial motor vehicles prohibited from operating in
interstate commerce pursuant to paragraphs (1)
through (3) may not operate any commercial motor
vehicle that affects interstate commerce until the
759
Secretary determines that such owner or operator is
fit.’’.
(c) DETERMINATION OF UNFITNESS BY A STATE.—
Such section 31144 is further amended—
(1) by redesignating subsections (d), (e), and
the second subsection (c) as subsections (e), (f), and
(g), respectively;
(2) by inserting after the first subsection (c)
the following:
‘‘(d) DETERMINATION OF UNFITNESS BY A STATE.—
If a State that receives a grant under section 31102 deter-
mines, by applying the standards prescribed by the Sec-
retary under subsection (b), that an owner or operator of
commercial motor vehicles that has its principal place of
business in that State and operates in intrastate com-
merce is unfit under such standards and prohibits the
owner or operator from operating such vehicles in the
State, the Secretary shall prohibit the owner or operator
from operating such vehicles in interstate commerce until
the State determines that the owner or operator is fit.’’;
and
(3) in subsection (g) (as redesignated by para-
graph (1) of this subsection) by adding at the end
the following:
760
‘‘(5) GRANTS FOR AUDITS.—From amounts de-
ducted under section 31104(f)(3), the Secretary may
make grants to States and local governments for
new entrant motor carrier audits under this sub-
section without requiring a matching contribution
from such States or local governments.
‘‘(6) DOT AUDITS.—If the Secretary deter-
mines that a State or local government is unable to
use government employees to conduct new entrant
motor carrier audits, the Secretary may utilize the
funds deducted under section 31104(f)(3) to conduct
such audits in areas under the jurisdiction of such
State or local government.’’.
SEC. 4111. PATTERN OF SAFETY VIOLATIONS BY MOTOR
CARRIER MANAGEMENT.
(a) DUTIES OF EMPLOYERS AND EMPLOYEES.—Sec-
tion 31135 of title 49, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Each’’; and
(2) by adding at the end the following:
‘‘(b) PATTERN OF NONCOMPLIANCE.—If the Sec-
retary finds that an officer of a motor carrier engages or
has engaged in a pattern or practice of avoiding compli-
ance, or masking or otherwise concealing noncompliance,
with regulations on commercial motor vehicle safety pre-
761
scribed under this subchapter, while serving as an officer
of any motor carrier, the Secretary may suspend, amend,
or revoke any part of the motor carrier’s registration
under section 13905.
‘‘(c) REGULATIONS.—The Secretary shall by regula-
tion establish standards to implement subsection (b).
‘‘(d) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) MOTOR CARRIER.—The term ‘motor car-
rier’ has the meaning such term has under section
13102.
‘‘(2) OFFICER.—The term ‘officer’ means an
owner, director, chief executive officer, chief oper-
ating officer, chief financial officer, safety director,
vehicle maintenance supervisor, and driver super-
visor of a motor carrier, regardless of the title at-
tached to those functions, and any person, however
designated, exercising controlling influence over the
operations of a motor carrier.’’.
(b) CROSS REFERENCE.—Section 13902(a)(1)(B) of
title 49, United States Code, is amended to read as fol-
lows:
‘‘(B)(i) any safety regulations imposed by
the Secretary;
762
‘‘(ii) the duties of employers and employees
established by the Secretary under section
31135; and
‘‘(iii) the safety fitness requirements estab-
lished by the Secretary under section 31144;
and’’.
SEC. 4112. MOTOR CARRIER RESEARCH AND TECHNOLOGY
PROGRAM.
(a) IN GENERAL.—Section 31108 of title 49, United
States Code, is amended to read as follows:
‘‘§ 31108. Motor carrier research and technology pro-
gram
‘‘(a) RESEARCH, TECHNOLOGY, AND TECHNOLOGY
TRANSFER ACTIVITIES.—
‘‘(1) 
ESTABLISHMENT.—The 
Secretary 
of
Transportation shall establish and carry out a motor
carrier research and technology program.
‘‘(2) MULTIYEAR PLAN.—The program must in-
clude a multi-year research plan that focuses on
nonredundant innovative research.
‘‘(3) RESEARCH, DEVELOPMENT, AND
TECH-
NOLOGY TRANSFER ACTIVITIES.—The Secretary may
carry out under the program research, development,
technology, and technology transfer activities with
respect to—
763
‘‘(A) the causes of accidents, injuries, and
fatalities involving commercial motor vehicles;
‘‘(B) means of reducing the number and
severity of accidents, injuries, and fatalities in-
volving commercial motor vehicles;
‘‘(C) improving commercial motor vehicle
and motor carrier safety, and industry effi-
ciency, through technological improvement;
‘‘(D) improving technology used by en-
forcement officers when conducting roadside in-
spections and compliance reviews to increase ef-
ficiency and information transfers; and
‘‘(E) increasing the safety and security of
hazardous materials transportation.
‘‘(4) TESTS
AND
DEVELOPMENT.—The Sec-
retary may test, develop, or assist in testing and de-
veloping any material, invention, patented article, or
process related to the research and technology pro-
gram.
‘‘(5) TRAINING.—The Secretary may use the
funds made available to carry out this section for
training or education of commercial motor vehicle
safety personnel, including training in accident re-
construction and detection of controlled substances
or other contraband and stolen cargo or vehicles.
764
‘‘(6) PROCEDURES.—The Secretary may carry
out this section—
‘‘(A) independently;
‘‘(B) in cooperation with other Federal de-
partments, agencies, and instrumentalities and
Federal laboratories; or
‘‘(C) by making grants to, or entering into
contracts, cooperative agreements, and other
transactions with, any Federal laboratory, State
agency, authority, association, institution, for-
profit or nonprofit corporation, organization,
foreign country, or person.
‘‘(7) DEVELOPMENT AND PROMOTION OF USE
OF PRODUCTS.—The Secretary shall use funds made
available to carry out this section to develop, admin-
ister, communicate, and promote the use of products
of research, technology, and technology transfer pro-
grams under this section.
‘‘(b) COLLABORATIVE RESEARCH
AND DEVELOP-
MENT.—
‘‘(1) IN GENERAL.—To advance innovative solu-
tions to problems involving commercial motor vehicle
and motor carrier safety, security, and efficiency,
and to stimulate the deployment of emerging tech-
nology, the Secretary may carry out, on a cost-
765
shared basis, collaborative research and development
with—
‘‘(A) non-Federal entities, including State
and local governments, foreign governments,
colleges and universities, corporations, institu-
tions, partnerships, and sole proprietorships
that are incorporated or established under the
laws of any State; and
‘‘(B) Federal laboratories.
‘‘(2) COOPERATIVE AGREEMENTS.—In carrying
out this subsection, the Secretary may enter into co-
operative research and development agreements (as
defined in section 12 of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a)).
‘‘(3) COST SHARING.—
‘‘(A) 
FEDERAL
SHARE.—The 
Federal
share of the cost of activities carried out under
a cooperative research and development agree-
ment entered into under this subsection shall
not exceed 50 percent; except that, if there is
substantial public interest or benefit associated
with any such activity, the Secretary may ap-
prove a greater Federal share.
‘‘(B) TREATMENT OF DIRECTLY INCURRED
NON-FEDERAL
COSTS.—All costs directly in-
766
curred by the non-Federal partners, including
personnel, travel, and hardware or software de-
velopment costs, shall be credited toward the
non-Federal share of the cost of the activities
described in subparagraph (A).
‘‘(4) USE OF TECHNOLOGY.—The research, de-
velopment, or use of a technology under a coopera-
tive research and development agreement entered
into under this subsection, including the terms
under which the technology may be licensed and the
resulting royalties may be distributed, shall be sub-
ject to the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3701 et seq.).’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 311 of such title is amended by striking the item
relating to section 31108 and inserting the following:
‘‘31108. Motor carrier research and technology program.’’.
SEC. 4113. INTERNATIONAL COOPERATION.
(a) IN GENERAL.—Chapter 311 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘SUBCHAPTER IV—MISCELLANEOUS
‘‘§ 31161. International cooperation
‘‘The Secretary of Transportation is authorized to
use funds made available by section 31104(i) to partici-
pate and cooperate in international activities to enhance
767
motor carrier, driver, and highway safety by such means
as exchanging information, conducting research, and ex-
amining needs, best practices, and new technology.
‘‘§ 31162. Operators registered in Mexico and Canada
‘‘No operator of a commercial motor vehicle (as de-
fined in section 31101) licensed in Mexico or Canada may
operate in the United States a commercial motor vehicle
transporting hazardous material until the operator has un-
dergone a background records check similar to the
background records check required of operators of com-
mercial motor vehicles licensed in the United States to
transport hazardous materials.’’.
(b) CLERICAL AMENDMENT.—The analysis for such
chapter is amended by adding at the end the following:
‘‘SUBCHAPTER IV—MISCELLANEOUS
‘‘31161. International cooperation.
‘‘31162. Operators registered in Mexico and Canada.’’.
SEC. 4114. PERFORMANCE AND REGISTRATION INFORMA-
TION SYSTEM MANAGEMENT.
(a) DESIGN AND CONDITIONS FOR PARTICIPATION.—
Section 31106(b) of title 49, United States Code, is
amended by striking paragraphs (2), (3), and (4) and in-
serting the following:
‘‘(2) DESIGN.—The program shall link Federal
motor carrier safety information systems with State
768
commercial vehicle registration and licensing systems
and shall be designed to enable a State to—
‘‘(A) determine the safety fitness of a
motor carrier or registrant when licensing or
registering the registrant or motor carrier or
while the license or registration is in effect; and
‘‘(B) deny, suspend, or revoke the commer-
cial motor vehicle registrations of a motor car-
rier or registrant that has been issued an oper-
ations out-of-service order by the Secretary.
‘‘(3) CONDITIONS
FOR
PARTICIPATION.—The
Secretary shall require States, as a condition of par-
ticipation in the program, to—
‘‘(A) comply with the uniform policies, pro-
cedures, and technical and operational stand-
ards prescribed by the Secretary under sub-
section (a)(4); and
‘‘(B) possess or seek the authority to deny,
suspend, or revoke commercial motor vehicle
registrations based on the issuance of an oper-
ations out-of-service order by the Secretary.’’.
(b) PERFORMANCE
AND REGISTRATION INFORMA-
TION SYSTEM MANAGEMENT GRANTS.—
769
(1) IN GENERAL.—Subchapter I of chapter 311
of title 49, United States Code, is further amended
by adding at the end the following:
‘‘§ 31109. Performance and registration information
system management
‘‘(a) IN GENERAL.—The Secretary of Transportation
may make a grant to a State to implement the perform-
ance and registration information system management re-
quirements of section 31106(b).
‘‘(b) AVAILABILITY OF AMOUNTS.—Amounts made
available to a State under this section shall remain avail-
able until expended.’’.
(2) CONFORMING AMENDMENT.—The analysis
for such subchapter is amended by adding at the
end the following:
‘‘31109. Performance and registration information system management.’’.
SEC. 4115. DATA QUALITY IMPROVEMENT.
Section 31106(a)(3) of title 49, United States Code,
is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D);
(2) by striking the period at the end of sub-
paragraph (E) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(F) ensure, to the maximum extent prac-
tical, all the data is complete, timely, and accu-