H. R. 3—583
(1) by redesignating subsections (d), (e), and the second 
subsection (c) as subsections (e), (f), and (g), respectively; and 
(2) by inserting after subsection (c) the following: 
‘‘(d) DETERMINATION OF UNFITNESS BY STATE.—If a State that 
receives motor carrier safety assistance program funds under section 
31102 determines, by applying the standards prescribed by the 
Secretary under subsection (b), that an owner or operator of a 
commercial motor vehicle that has its principal place of business 
in that State and operates in intrastate commerce is unfit under 
such standards and prohibits the owner or operator from operating 
such vehicle in the State, the Secretary shall prohibit the owner 
or operator from operating such vehicle in interstate commerce 
until the State determines that the owner or operator is fit.’’. 
SEC. 4115. TRANSFER PROVISION. 
(a) IN GENERAL.—Title II of the Motor Carrier Safety Improve-
ment Act of 1999 (113 Stat. 1748–1773) is amended by inserting 
after section 228—
(1) the following: 
‘‘SEC. 229. CERTAIN EXEMPTIONS.’’; 
and 
(2) the text of section 345 of the National Highway System 
Designation Act of 1995 (49 U.S.C. 31136 note). 
(b) CLERICAL AMENDMENT.—The table of contents for such Act 
is amended by inserting after the item relating to section 228 
the following:
‘‘Sec. 229. Certain exemptions.’’.
(c) CONFORMING AMENDMENT.—Section 229 of such Act (as 
added by this section) is amended by striking subsection (f). 
(d) CONFORMING REPEAL.—Section 345 of the National Highway 
System Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat. 
613) is repealed. 
SEC. 4116. MEDICAL PROGRAM. 
(a) IN GENERAL.—Subchapter III of chapter 311 of title 49, 
United States Code, is amended by adding at the end the following: 
‘‘§ 31149. Medical program 
‘‘(a) MEDICAL REVIEW BOARD.—
‘‘(1) ESTABLISHMENT
AND
FUNCTION.—The Secretary of 
Transportation shall establish a Medical Review Board to pro-
vide the Federal Motor Carrier Safety Administration with 
medical advice and recommendations on medical standards and 
guidelines for the physical qualifications of operators of 
commercial motor vehicles, medical examiner education, and 
medical research. 
‘‘(2) COMPOSITION.—The Medical Review Board shall be 
appointed by the Secretary and shall consist of 5 members 
selected from medical institutions and private practice. The 
membership shall reflect expertise in a variety of medical 
specialties relevant to the driver fitness requirements of the 
Federal Motor Carrier Safety Administration. 
‘‘(b) CHIEF MEDICAL EXAMINER.—The Secretary shall appoint 
a chief medical examiner who shall be an employee of the Federal 
Motor Carrier Safety Administration and who shall hold a position
H. R. 3—584
under section 3104 of title 5, United States Code, relating to employ-
ment of specially qualified scientific and professional personnel, 
and shall be paid under section 5376 of title 5, United States 
Code, relating to pay for certain senior-level positions. 
‘‘(c) MEDICAL STANDARDS AND REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary, with the advice of the 
Medical Review Board and the chief medical examiner, shall—
‘‘(A) establish, review, and revise—
‘‘(i) medical standards for operators of commercial 
motor vehicles that will ensure that the physical condi-
tion of operators of commercial motor vehicles is ade-
quate to enable them to operate the vehicles safely; 
and 
‘‘(ii) requirements for periodic physical examina-
tions of such operators performed by medical examiners 
who have, at a minimum, self-certified that they have 
completed training in physical and medical examina-
tion standards and are listed on a national registry 
maintained by the Department of Transportation; 
‘‘(B) require each such operator to have a current valid 
medical certificate; 
‘‘(C) conduct periodic reviews of a select number of 
medical examiners on the national registry to ensure that 
proper examinations of such operators are being conducted; 
‘‘(D) develop, as appropriate, specific courses and mate-
rials for medical examiners listed in the national registry 
established under this section, and require those medical 
examiners to, at a minimum, self-certify that they have 
completed specific training, including refresher courses, to 
be listed in the registry; 
‘‘(E) require medical examiners to transmit the name 
of the applicant and numerical identifier, as determined 
by the Administrator of the Federal Motor Carrier Safety 
Administration, for any completed medical examination 
report required under section 391.43 of title 49, Code of 
Federal Regulations, electronically to the chief medical 
examiner on monthly basis; and 
‘‘(F) periodically review a representative sample of the 
medical examination reports associated with the name and 
numerical identifiers of applicants transmitted under 
subparagraph (E) for errors, omissions, or other indications 
of improper certification. 
‘‘(2) MONITORING
PERFORMANCE.—The Secretary shall 
investigate patterns of errors or improper certification by a 
medical examiner. If the Secretary finds that a medical exam-
iner has issued a medical certificate to an operator of a commer-
cial motor vehicle who fails to meet the applicable standards 
at the time of the examination or that a medical examiner 
has falsely claimed to have completed training in physical 
and medical examination standards as required by this section, 
the Secretary may remove such medical examiner from the 
registry and may void the medical certificate of the applicant 
or holder. 
‘‘(d) NATIONAL REGISTRY OF MEDICAL EXAMINERS.—The Sec-
retary, acting through the Federal Motor Carrier Safety Administra-
tion—
H. R. 3—585
‘‘(1) shall establish and maintain a current national registry 
of medical examiners who are qualified to perform examinations 
and issue medical certificates; 
‘‘(2) shall remove from the registry the name of any medical 
examiner that fails to meet or maintain the qualifications estab-
lished by the Secretary for being listed in the registry or other-
wise does not meet the requirements of this section or regula-
tion issued under this section; 
‘‘(3) shall accept as valid only medical certificates issued 
by persons on the national registry of medical examiners; and 
‘‘(4) may make participation of medical examiners in the 
national registry voluntary if such a change will enhance the 
safety of operators of commercial motor vehicles. 
‘‘(e) REGULATIONS.—The Secretary shall issue such regulations 
as may be necessary to carry out this section.’’. 
(b) MEDICAL EXAMINERS.—Section 31136(a)(3) of such title is 
amended to read as follows: 
‘‘(3) the physical condition of operators of commercial motor 
vehicles is adequate to enable them to operate the vehicles 
safely and the periodic physical examinations required of such 
operators are performed by medical examiners who have 
received training in physical and medical examination stand-
ards and, after the national registry maintained by the Depart-
ment of Transportation under section 31149(d) is established, 
are listed on such registry; and’’. 
(c) DEFINITION OF MEDICAL EXAMINER.—Section 31132 of such 
title is amended—
(1) by redesignating paragraphs (6) through (10) as para-
graphs (7) through (11), respectively; and 
(2) by inserting after paragraph (5) the following: 
‘‘(6) ‘medical examiner’ means an individual licensed, cer-
tified, or registered in accordance with regulations issued by 
the Federal Motor Carrier Safety Administration as a medical 
examiner.’’. 
(d) FUNDING.—Amounts made available pursuant to section 
31104(i) of title 49, United States Code, shall be used by the 
Secretary to carry out section 31149 of title 49, United States 
Code. 
(e) CLERICAL AMENDMENT.—The analysis for such subchapter 
is amended by inserting after the item relating to section 31148 
the following:
‘‘31149. Medical program.’’.
(f) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the 365th day following the date of enactment 
of this Act. 
SEC. 4117. SAFETY PERFORMANCE HISTORY SCREENING. 
(a) IN GENERAL.—Subchapter III of chapter 311 of title 49, 
United States Code (as amended by section 4116 of this Act), 
is amended by adding at the end the following: 
‘‘§ 31150. Safety performance history screening 
‘‘(a) IN GENERAL.—The Secretary of Transportation shall pro-
vide persons conducting preemployment screening services for the 
motor carrier industry electronic access to the following reports 
contained in the Motor Carrier Management Information System: 
‘‘(1) Commercial motor vehicle accident reports.
H. R. 3—586
‘‘(2) Inspection reports that contain no driver-related safety 
violations. 
‘‘(3) Serious driver-related safety violation inspection 
reports. 
‘‘(b) CONDITIONS ON PROVIDING ACCESS.—Before providing a 
person access to the Motor Carrier Management Information System 
under subsection (a), the Secretary shall—
‘‘(1) ensure that any information that is released to such 
person will be in accordance with the Fair Credit Reporting 
Act (15 U.S.C. 1681 et seq.) and all other applicable Federal 
law; 
‘‘(2) ensure that such person will not conduct a screening 
without the operator-applicant’s written consent; 
‘‘(3) ensure that any information that is released to such 
person will not be released to any person or entity, other 
than the motor carrier requesting the screening services or 
the operator-applicant, unless expressly authorized or required 
by law; and 
‘‘(4) provide a procedure for the operator-applicant to cor-
rect inaccurate information in the System in a timely manner. 
‘‘(c) DESIGN.—The process for providing access to the Motor 
Carrier Management Information System under subsection (a) shall 
be designed to assist the motor carrier industry in assessing an 
individual operator’s crash and serious safety violation inspection 
history as a preemployment condition. Use of the process shall 
not be mandatory and may only be used during the preemployment 
assessment of an operator-applicant. 
‘‘(d) SERIOUS DRIVER-RELATED SAFETY VIOLATION DEFINED.—
In this section, the term ‘serious driver-related violation’ means 
a violation by an operator of a commercial motor vehicle that 
the Secretary determines will result in the operator being prohibited 
from continuing to operate a commercial motor vehicle until the 
violation is corrected.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such subchapter 
(as amended by section 4116 of this Act) is amended by adding 
at the end the following:
‘‘31150. Safety performance history screening.’’.
SEC. 4118. ROADABILITY. 
(a) IN GENERAL.—Subchapter III of chapter 311 of title 49, 
United States Code (as amended by sections 4116 and 4117 of 
this Act) is amended by adding at the end the following: 
‘‘§ 31151. Roadability 
‘‘(a) INSPECTION, REPAIR, AND MAINTENANCE OF INTERMODAL 
EQUIPMENT.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date 
of enactment of this section, the Secretary of Transportation, 
after providing notice and opportunity for comment, shall issue 
regulations establishing a program to ensure that intermodal 
equipment used to transport intermodal containers is safe and 
systematically maintained. 
‘‘(2) INTERMODAL
EQUIPMENT
SAFETY
REGULATIONS.—The 
Secretary shall issue the regulations under this section as 
a subpart of the Federal motor carrier safety regulations. 
‘‘(3) CONTENTS.—The regulations issued under this section 
shall include, at a minimum—
H. R. 3—587
‘‘(A) a requirement to identify intermodal equipment 
providers responsible for the inspection and maintenance 
of intermodal equipment that is interchanged or intended 
for interchange to motor carriers in intermodal transpor-
tation; 
‘‘(B) a requirement to match intermodal equipment 
readily to an intermodal equipment provider through a 
unique identifying number; 
‘‘(C) a requirement that an intermodal equipment pro-
vider identified under subparagraph (A) systematically 
inspect, repair, and maintain, or cause to be systematically 
inspected, repaired, and maintained, intermodal equipment 
described in subparagraph (A) that is intended for inter-
change with a motor carrier; 
‘‘(D) a requirement to ensure that each intermodal 
equipment provider identified under subparagraph (A) 
maintains a system of maintenance and repair records 
for such equipment; 
‘‘(E) requirements that—
‘‘(i) a specific list of intermodal equipment compo-
nents or items be identified for the visual or audible 
inspection of which a driver is responsible before oper-
ating the equipment over the road; and 
‘‘(ii) the inspection under clause (i) be conducted 
as part of the Federal requirement in effect on the 
date of enactment of this Act that a driver be satisfied 
that the intermodal equipment components are in good 
working order before the equipment is operated over 
the road; 
‘‘(F) a requirement that a facility at which an inter-
modal equipment provider regularly makes intermodal 
equipment available for interchange have an operational 
process and space readily available for a motor carrier 
to have an equipment defect identified pursuant to subpara-
graph (E) repaired or the equipment replaced prior to 
departure; 
‘‘(G) a program for the evaluation and audit of compli-
ance by intermodal equipment providers with applicable 
Federal motor carrier safety regulations; 
‘‘(H) a civil penalty structure consistent with section 
521(b) of title 49, United States Code, for intermodal equip-
ment providers that fail to attain satisfactory compliance 
with applicable Federal motor carrier safety regulations; 
and 
‘‘(I) a prohibition on intermodal equipment providers 
from placing intermodal equipment in service on the public 
highways to the extent such providers or their equipment 
are found to pose an imminent hazard; 
‘‘(J) a process by which motor carriers and agents 
of motor carriers shall be able to request the Federal Motor 
Carrier Safety Administration to undertake an investiga-
tion of an intermodal equipment provider identified under 
subparagraph (A) that is alleged to be not in compliance 
with the regulations under this section; 
‘‘(K) a process by which equipment providers and 
agents of equipment providers shall be able to request 
the Administration to undertake an investigation of a motor
H. R. 3—588
carrier that is alleged to be not in compliance with the 
regulations issued under this section; 
‘‘(L) a process by which a driver or motor carrier trans-
porting intermodal equipment is required to report to the 
intermodal equipment provider or the provider’s designated 
agent any actual damage or defect in the intermodal equip-
ment of which the driver or motor carrier is aware at 
the time the intermodal equipment is returned to the inter-
modal equipment provider or the provider’s designated 
agent; 
‘‘(M) a requirement that any actual damage or defect 
identified in the process established under subparagraph 
(L) be repaired before the equipment is made available 
for interchange to a motor carrier and that repairs of 
equipment made pursuant to the requirements of this 
subparagraph and reports made pursuant to the subpara-
graph (L) process be documented in the maintenance 
records for such equipment; and 
‘‘(N) a procedure under which motor carriers, drivers 
and intermodal equipment providers may seek correction 
of their motor carrier safety records through the deletion 
from those records of violations of safety regulations attrib-
utable to deficiencies in the intermodal chassis or trailer 
for which they should not have been held responsible. 
‘‘(4) DEADLINE FOR RULEMAKING PROCEEDING.—Not later 
than 120 days after the date of enactment of this section, 
the Secretary shall initiate a rulemaking proceeding for 
issuance of the regulations under this section. 
‘‘(b) INSPECTION, REPAIR, AND MAINTENANCE OF INTERMODAL 
EQUIPMENT.—The Secretary or an employee of the Department 
of Transportation designated by the Secretary may inspect inter-
modal equipment, and copy related maintenance and repair records 
for such equipment, on demand and display of proper credentials. 
‘‘(c) OUT-OF-SERVICE UNTIL REPAIR.—Any intermodal equip-
ment that is determined under this section to fail to comply with 
applicable Federal safety regulations may be placed out of service 
by the Secretary or a Federal, State, or government official des-
ignated by the Secretary and may not be used on a public highway 
until the repairs necessary to bring such equipment into compliance 
have been completed. Repairs of equipment taken out of service 
shall be documented in the maintenance records for such equipment. 
‘‘(d) PREEMPTION GENERALLY.—Except as provided in subsection 
(e), a law, regulation, order, or other requirement of a State, a 
political subdivision of a State, or a tribal organization relating 
to commercial motor vehicle safety is preempted if such law, regula-
tion, order, or other requirement exceeds or is inconsistent with 
a requirement imposed under or pursuant to this section. 
‘‘(e) PRE-EXISTING STATE REQUIREMENTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
a State requirement for the periodic inspection of intermodal 
chassis by intermodal equipment providers that was in effect 
on January 1, 2005, shall remain in effect only until the date 
on which requirements prescribed under this section take effect. 
‘‘(2) NONPREEMPTION DETERMINATIONS.—
‘‘(A) IN GENERAL.—Notwithstanding subsection (d), a 
State requirement described in paragraph (1) is not pre-
empted by a Federal requirement prescribed under this
H. R. 3—589
section if the Secretary determines that the State require-
ment is as effective as the Federal requirement and does 
not unduly burden interstate commerce. 
‘‘(B) 
APPLICATION
REQUIRED.—Subparagraph 
(A) 
applies to a State requirement only if the State applies 
to the Secretary for a determination under this paragraph 
with respect to the requirement before the date on which 
the regulations issued under this section take effect. The 
Secretary shall make a determination with respect to any 
such application within 6 months after the date on which 
the Secretary receives the application. 
‘‘(C) AMENDED STATE REQUIREMENTS.—Any amendment 
to a State requirement not preempted under this subsection 
because of a determination by the Secretary under subpara-
graph (A) may not take effect unless—
‘‘(i) it is submitted to the Secretary before the 
effective date of the amendment; and 
‘‘(ii) the Secretary determines that the amendment 
would not cause the State requirement to be less effec-
tive than the Federal requirement and would not 
unduly burden interstate commerce. 
‘‘(f) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) INTERMODAL EQUIPMENT.—The term ‘intermodal equip-
ment’ means trailing equipment that is used in the intermodal 
transportation of containers over public highways in interstate 
commerce, including trailers and chassis. 
‘‘(2) INTERMODAL EQUIPMENT INTERCHANGE AGREEMENT.—
The term ‘intermodal equipment interchange agreement’ means 
the Uniform Intermodal Interchange and Facilities Access 
Agreement or any other written document executed by an inter-
modal equipment provider or its agent and a motor carrier 
or its agent, the primary purpose of which is to establish 
the responsibilities and liabilities of both parties with respect 
to the interchange of the intermodal equipment. 
‘‘(3) INTERMODAL EQUIPMENT PROVIDER.—The term ‘inter-
modal equipment provider’ means any person that interchanges 
intermodal equipment with a motor carrier pursuant to a writ-
ten interchange agreement or has a contractual responsibility 
for the maintenance of the intermodal equipment. 
‘‘(4) INTERCHANGE.—The term ‘interchange’—
‘‘(A) means the act of providing intermodal equipment 
to a motor carrier pursuant to an intermodal equipment 
interchange agreement for the purpose of transporting the 
equipment for loading or unloading by any person or repo-
sitioning the equipment for the benefit of the equipment 
provider; but 
‘‘(B) does not include the leasing of equipment to a 
motor carrier for primary use in the motor carrier’s freight 
hauling operations.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such subchapter 
(as amended by sections 4116 and 4117 of this Act) is amended 
by adding at the end the following:
‘‘31151. Roadability.’’.
H. R. 3—590
SEC. 4119. INTERNATIONAL COOPERATION. 
(a) IN GENERAL.—Chapter 311 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘SUBCHAPTER IV—MISCELLANEOUS 
‘‘§ 31161. International cooperation 
‘‘The Secretary of Transportation is authorized to use funds 
made available by section 31104(i) to participate and cooperate 
in international activities to enhance motor carrier, commercial 
motor vehicle, driver, and highway safety by such means as 
exchanging information, conducting research, and examining needs, 
best practices, and new technology.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
amended by adding at the end the following:
‘‘SUBCHAPTER IV—MISCELLANEOUS 
‘‘31161. International cooperation.’’.
SEC. 4120. FINANCIAL RESPONSIBILITY FOR PRIVATE MOTOR CAR-
RIERS. 
(a) TRANSPORTATION OF PASSENGERS.—
(1) GENERAL REQUIREMENT.—Section 31138(a) of title 49, 
United States Code, is amended—
(A) by striking ‘‘for compensation’’; and 
(B) by inserting ‘‘commercial’’ before ‘‘motor vehicle’’. 
(2) OTHER
PERSONS.—Section 31138(c) of such title is 
amended by adding at the end the following: 
‘‘(4) OTHER PERSONS.—The Secretary may require a person, 
other than a motor carrier (as defined in section 13102), trans-
porting passengers by commercial motor vehicle to file with 
the Secretary the evidence of financial responsibility specified 
in subsection (c)(1) in an amount not less than the greater 
of the amount required by subsection (b)(1) or the amount 
required for such person to transport passengers under the 
laws of the State or States in which the person is operating; 
except that the amount of the financial responsibility must 
be sufficient to pay not more than the amount of the financial 
responsibility for each final judgment against the person for 
bodily injury to, or death of, an individual resulting from the 
negligent operation, maintenance, or use of the commercial 
motor vehicle, or for loss or damage to property, or both.’’. 
(b) TRANSPORTATION OF PROPERTY.—Section 31139 of such title 
is amended—
(1) in subsection (b)(1)—
(A) by striking ‘‘for compensation’’; and 
(B) by inserting ‘‘commercial’’ before ‘‘motor vehicle’’; 
(2) by redesignating subsections (c) through (g) as sub-
sections (d) through (h), respectively; and 
(3) by inserting after subsection (b) the following: 
‘‘(c) FILING OF EVIDENCE OF FINANCIAL RESPONSIBILITY.—The 
Secretary may require a motor private carrier (as defined in section 
13102) to file with the Secretary the evidence of financial responsi-
bility specified in subsection (b) in an amount not less than the 
greater of the minimum amount required by this section or the 
amount required for such motor private carrier to transport property 
under the laws of the State or States in which the motor private
H. R. 3—591
carrier is operating; except that the amount of the financial respon-
sibility must be sufficient to pay not more than the amount of 
the financial responsibility for each final judgment against the 
motor private carrier for bodily injury to, or death of, an individual 
resulting from negligent operation, maintenance, or use of the 
commercial motor vehicle, or for loss or damage to property, or 
both.’’. 
SEC. 4121. DEPOSIT OF CERTAIN CIVIL PENALTIES INTO HIGHWAY 
TRUST FUND. 
Sections 31138(d)(5) and 31139(f)(5) of title 49, United States 
Code, are each amended by striking ‘‘Treasury as miscellaneous 
receipts’’ and inserting ‘‘Highway Trust Fund (other than the Mass 
Transit Account)’’. 
SEC. 4122. CDL LEARNER’S PERMIT PROGRAM. 
Chapter 313 of title 49, United States Code, is amended—
(1) in section 31302 by inserting ‘‘and may have only one 
learner’s permit at any time’’ after ‘‘time’’; 
(2) in section 31308— 
(A) by inserting after ‘‘license’’ the first place it appears 
‘‘and learner’s permits’’; 
(B) by striking ‘‘licenses.’’ and inserting ‘‘licenses and 
permits.’’; 
(C) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; and 
(D) by inserting after paragraph (1) the following: 
‘‘(2) before a commercial driver’s license learner’s permit 
may be issued to an individual, the individual must pass a 
written test, that complies with the minimum standards pre-
scribed by the Secretary under section 31305(a), on the oper-
ation of the commercial motor vehicle that the individual will 
be operating under the permit;’’; and 
(E) in paragraphs (3) and (4) of section 31308 (as 
so redesignated) and in section 31309 (b) by inserting after 
‘‘license’’ each place it appears ‘‘or learner’s permit’’. 
SEC. 4123. COMMERCIAL DRIVER’S LICENSE INFORMATION SYSTEM 
MODERNIZATION. 
(a) MODERNIZATION PLAN.—Section 31309 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(e) MODERNIZATION PLAN.—
‘‘(1) IN GENERAL.—Not later than 120 days after the date 
of enactment of this subsection, the Secretary shall develop 
and publish a comprehensive national plan to modernize the 
information system under this section that—
‘‘(A) complies with applicable Federal information tech-
nology security standards; 
‘‘(B) provides for the electronic exchange of all informa-
tion including the posting of convictions; 
‘‘(C) contains self auditing features to ensure that data 
is being posted correctly and consistently by the States; 
‘‘(D) integrates the commercial driver’s license and the 
medical certificate; and 
‘‘(E) provides a schedule for modernization of the 
system. 
‘‘(2) CONSULTATION.—The plan shall be developed in con-
sultation with representatives of the motor carrier industry,
H. R. 3—592
State safety enforcement agencies, and State licensing agencies 
designated by the Secretary. 
‘‘(3) STATE FUNDING OF FUTURE EFFORTS.—The plan shall 
specify that States will fund future efforts to modernize the 
commercial driver’s information system. 
‘‘(4) DEADLINE FOR STATE PARTICIPATION.—
‘‘(A) IN GENERAL.—The Secretary shall establish in the 
plan a date by which all States must be operating commer-
cial driver’s license information systems that are compat-
ible with the modernized information system under this 
section. 
‘‘(B) FACTORS TO CONSIDER.—In establishing the date 
under subparagraph (A), the Secretary shall consider the 
following: 
‘‘(i) Availability and cost of technology and equip-
ment needed to comply with subparagraph (A). 
‘‘(ii) Time necessary to install, and test the oper-
ation of, such technology and equipment. 
‘‘(5) IMPLEMENTATION.—The Secretary shall implement the 
plan developed under subsection (a) and modernize the informa-
tion system under this section to meet the requirements of 
the plan. 
‘‘(f) FUNDING.—At the Secretary’s discretion, a State may use 
the funds made available to the State under section 31318 to 
modernize its commercial driver’s license information system to 
be compatible with the modernized information system under this 
section.’’. 
(b) STATE PARTICIPATIONS.—Section 31311(a) of such title is 
amended—
(1) in paragraph (15) by striking ‘‘(g)(1)(A), and (g)(2)’’ 
and inserting ‘‘(i)(1)(A) and (i)(2)’’; 
(2) in paragraph (17) by striking ‘‘section 31310(h)’’ and 
inserting ‘‘as 31310(j)’’; and 
(3) by adding at the end the following: 
‘‘(21) By the date established by the Secretary under section 
31309(e)(4), the State shall be operating a commercial driver’s 
license information system that is compatible with the modern-
ized commercial driver’s license information system under sec-
tion 31309.’’. 
(c) GRANTS.—
(1) IN GENERAL.—The Secretary may make a grant to a 
State or organization representing agencies and officials of 
a State in a fiscal year to modernize the commercial driver’s 
license information system of the State to be compatible with 
the modernized commercial driver’s license information system 
under section 31309 of title 49, United States Code, if the 
State is in substantial compliance with the requirements of 
section 31311 of such title and this section, as determined 
by the Secretary. 
(2) CRITERIA.—The Secretary shall establish criteria for 
the distribution of grants and notify each State annually of 
such criteria. 
(3) USE OF GRANT.—A State may use a grant under this 
subsection only to implement improvements that are consistent 
with the modernization plan developed by the Secretary. 
(4) GOVERNMENT SHARE.—A grant under this subsection 
to a State or organization may not be for more than 80 percent
H. R. 3—593
of the costs incurred by the State or organization in a fiscal 
year in modernizing the commercial driver’s license information 
system of the State to be compatible with the modernized 
commercial driver’s license information system under section 
31309 of title 49, United States Code. In determining these 
costs, the Secretary shall include in-kind contributions of the 
State. 
(d) FUNDING.—There are authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) 
to carry out this section—
(1) $5,000,000 for fiscal year 2006; 
(2) $7,000,000 for fiscal year 2007; 
(3) $8,000,000 for fiscal year 2008; and 
(4) $8,000,000 for fiscal year 2009. 
(e) CONTRACT AUTHORITY AND AVAILABILITY.—
(1) PERIOD OF AVAILABILITY.—The amounts made available 
under subsection (d) shall remain available until expended. 
(2) INITIAL
DATE
OF
AVAILABILITY.—Amounts authorized 
to be appropriated from the Highway Trust Fund (other than 
the Mass Transit Account) by subsection (d) shall be available 
for obligation on the date of their apportionment or allocation 
or on October 1 of the fiscal year for which they are authorized, 
whichever occurs first. 
(3) CONTRACT AUTHORITY.—Approval by the Secretary of 
a grant with funds made available under subsection (d) imposes 
upon the United States a contractual obligation for payment 
of the Government’s share of costs incurred in carrying out 
the objectives of the grant. 
(f) BASELINE AUDIT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, in consultation with the 
Inspector General of the Department of Transportation, shall per-
form a baseline audit of the information system maintained under 
section 31309 of title 49, United States Code. The audit shall 
include—
(1) an assessment of the validity of data in the information 
system on a State-by-State basis; 
(2) an assessment of the extent to which convictions are 
validly posted on a driver’s record; 
(3) recommendations to the Secretary on how to update 
the baseline audit annually to ensure that any shortcomings 
in the information system are addressed, and a methodology 
for conducting the update; 
(4) identification, on a State-by-State basis, of any actions 
that the Inspector General finds necessary to improve the integ-
rity of data collected by the system and to ensure the proper 
posting of convictions; and 
(5) an analysis of amounts and use of the revenues derived 
from fees charged for use of the commercial driver’s license 
information system. 
SEC. 4124. COMMERCIAL DRIVER’S LICENSE IMPROVEMENTS. 
(a) STATE GRANTS.—Chapter 313 of title 49, United States 
Code, is amended by inserting after section 31312 the following:
H. R. 3—594
‘‘§ 31313. Grants for commercial driver’s license program 
improvements 
‘‘(a) GRANTS
FOR COMMERCIAL DRIVER’S LICENSE PROGRAM 
IMPROVEMENTS.—
‘‘(1) GENERAL AUTHORITY.—The Secretary of Transportation 
may make a grant to a State in a fiscal year—
‘‘(A) to comply with the requirements of section 31311; 
and 
‘‘(B) in the case of a State that is making a good 
faith effort toward substantial compliance with the require-
ments of section 31311 and this section, to improve its 
implementation of its commercial driver’s license program. 
‘‘(2) PURPOSES FOR WHICH GRANTS MAY BE USED.—
‘‘(A) IN GENERAL.—A State may use grants under para-
graphs (1)(A) and (1)(B) only for expenses directly related 
to its compliance with section 31311; except that a grant 
under paragraph (1)(B) may be used for improving 
implementation of the State’s commercial driver’s license 
program, including expenses for computer hardware and 
software, publications, testing, personnel, training, and 
quality control. The grant may not be used to rent, lease, 
or buy land or buildings. 
‘‘(B) PRIORITY.—In making grants under paragraph 
(1)(B), the Secretary shall give priority to States that will 
use such grants to achieve compliance with the require-
ments of the Motor Carrier Safety Improvement Act of 
1999, including the amendments made by such Act. 
‘‘(3) APPLICATION.—In order to receive a grant under this 
section, a State shall submit an application for such grant 
that is in such form, and contains such information, as the 
Secretary may require. The application shall include the State’s 
assessment of its commercial driver’s license program. 
‘‘(4) MAINTENANCE OF EXPENDITURES.—The Secretary may 
make a grant to a State under this subsection only if the 
State agrees that the total expenditure of amounts of the State 
and political subdivisions of the State, exclusive of amounts 
from the United States, for the State’s commercial driver’s 
license program will be maintained at a level at least equal 
to the average level of that expenditure by the State and 
political subdivisions of the State for the last 2 fiscal years 
of the State ending before the date of enactment of this section. 
‘‘(5) GOVERNMENT SHARE.—The Secretary shall reimburse 
a State under a grant made under this subsection an amount 
that is not more than 100 percent of the costs incurred by 
the State in a fiscal year in complying with section 31311 
and improving its implementation of its commercial driver’s 
license program. In determining such costs, the Secretary shall 
include in-kind contributions by the State. Amounts required 
to be expended by the State under paragraph (4) may not 
be included as part of the non-Federal share of such costs. 
‘‘(b) HIGH-PRIORITY ACTIVITIES.—
‘‘(1) GRANTS FOR NATIONAL CONCERNS.—The Secretary may 
make a grant to a State agency, local government, or other 
person for 100 percent of the costs of research, development, 
demonstration projects, public education, and other special 
activities and projects relating to commercial driver licensing 
and motor vehicle safety that are of benefit to all jurisdictions
H. R. 3—595
of the United States or are designed to address national safety 
concerns and circumstances. 
‘‘(2) FUNDING.—The Secretary may deduct up to 10 percent 
of the amounts made available to carry out this section for 
a fiscal year to make grants under this subsection. 
‘‘(c) EMERGING ISSUES.—The Secretary may designate up to 
10 percent of the amounts made available to carry out this section 
for a fiscal year for allocation to a State agency, local government, 
or other person at the discretion of the Secretary to address 
emerging issues relating to commercial driver’s license improve-
ments. 
‘‘(d) APPORTIONMENT.—Except as otherwise provided in sub-
section (c), all amounts made available to carry out this section 
for a fiscal year shall be apportioned to States according to criteria 
prescribed by the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
amended by inserting after the item relating to section 31312 the 
following:
‘‘31313. Grants for commercial driver’s license program improvements.’’.
(c) AMOUNTS WITHHELD.—Subsections (a) and (b) of section 
31314 of such title are each amended by inserting ‘‘up to’’ after 
‘‘withhold’’. 
SEC. 4125. HOBBS ACT. 
(a) JURISDICTION OF COURT OF APPEALS OVER COMMERCIAL 
MOTOR VEHICLE SAFETY REGULATION AND OPERATORS AND MOTOR 
CARRIER SAFETY.—Section 2342(3)(A) of title 28, United States 
Code, is amended by inserting before ‘‘of title 49’’ the following: 
‘‘, subchapter III of chapter 311, chapter 313, or chapter 315’’. 
(b) JUDICIAL REVIEW.—Section 351(a) of title 49, United States 
Code, is amended by striking ‘‘Federal Highway Administration’’ 
and inserting ‘‘Federal Motor Carrier Safety Administration’’. 
(c) AUTHORITY TO CARRY OUT CERTAIN TRANSFERRED DUTIES 
AND POWERS.—Section 352 of title 49, United States Code, is 
amended by striking ‘‘Federal Highway Administration’’ and 
inserting ‘‘Federal Motor Carrier Safety Administration’’. 
SEC. 4126. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NET-
WORKS DEPLOYMENT. 
(a) IN GENERAL.—The Secretary shall carry out a commercial 
vehicle information systems and networks program to—
(1) improve the safety and productivity of commercial 
vehicles and drivers; and 
(2) reduce costs associated with commercial vehicle oper-
ations and Federal and State commercial vehicle regulatory 
requirements. 
(b) PURPOSE.—The program shall advance the technological 
capability and promote the deployment of intelligent transportation 
system applications for commercial vehicle operations, including 
commercial vehicle, commercial driver, and carrier-specific informa-
tion systems and networks. 
(c) CORE DEPLOYMENT GRANTS.—
(1) IN
GENERAL.—The Secretary shall make grants to 
eligible States for the core deployment of commercial vehicle 
information systems and networks. 
(2) AMOUNT OF GRANTS.—The maximum aggregate amount 
the Secretary may grant to a State for the core deployment
H. R. 3—596
of commercial vehicle information systems and networks under 
this subsection and sections 5001(a)(5) and 5001(a)(6) of the 
Transportation Equity Act for the 21st Century (112 Stat. 420) 
may not exceed $2,500,000. 
(3) USE OF FUNDS.—Funds from a grant under this sub-
section may only be used for the core deployment of commercial 
vehicle information systems and networks. An eligible State 
that has either completed the core deployment of commercial 
vehicle information systems and networks or completed such 
deployment before grant funds are expended under this sub-
section may use the grant funds for the expanded deployment 
of commercial vehicle information systems and networks in 
the State. 
(d) EXPANDED DEPLOYMENT GRANTS.—
(1) IN
GENERAL.—For each fiscal year, from the funds 
remaining after the Secretary has made grants under sub-
section (c), the Secretary may make grants to each eligible 
State, upon request, for the expanded deployment of commercial 
vehicle information systems and networks. 
(2) ELIGIBILITY.—Each State that has completed the core 
deployment of commercial vehicle information systems and net-
works in such State is eligible for an expanded deployment 
grant under this subsection. 
(3) AMOUNT OF GRANTS.—Each fiscal year, the Secretary 
may distribute funds available for expanded 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 expanded deployment of 
commercial vehicle information 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, revised, upgraded, or built to accomplish 
deployment of core capabilities; 
(2) shall certify to the Secretary that its commercial vehicle 
information systems and networks deployment activities, 
including hardware procurement, software and system develop-
ment, and infrastructure modifications—
(A) are consistent with the national intelligent 
transportation systems and commercial vehicle information 
systems and networks architectures and available stand-
ards; 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 Administration to verify 
that its systems conform with the national intelligent transpor-
tation systems architecture, applicable standards, and protocols 
for commercial 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 Federal share of the cost of a 
project payable from all eligible Federal sources shall not exceed 
80 percent.
H. R. 3—597
(g) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NET-
WORKS.—The term ‘‘commercial vehicle information systems 
and networks’’ means the information systems and communica-
tions networks that provide the capability to—
(A) improve the safety of commercial motor vehicle 
operations; 
(B) increase the efficiency of regulatory inspection proc-
esses to reduce administrative burdens by advancing tech-
nology to facilitate inspections and increase the effective-
ness of enforcement efforts; 
(C) advance electronic processing of registration 
information, driver licensing information, fuel tax informa-
tion, inspection and crash data, and other safety informa-
tion; 
(D) enhance the safe passage of commercial motor 
vehicles across the United States and across international 
borders; and 
(E) promote the communication of information among 
the States and encourage multistate cooperation and cor-
ridor development. 
(2) COMMERCIAL MOTOR VEHICLE OPERATIONS.—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 passengers; and 
(B) with respect to the public sector, includes the 
issuance of operating credentials, the administration of 
motor vehicle and fuel taxes, and roadside safety and 
border crossing inspection and regulatory compliance oper-
ations. 
(3) CORE DEPLOYMENT.—The term ‘‘core deployment’’ means 
the deployment of systems in a State necessary to provide 
the State with the following capabilities: 
(A) Safety information exchange to—
(i) electronically collect and transmit commercial 
motor vehicle and driver inspection 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 performance, and commercial motor vehicle 
credentials information; and 
(iii) exchange carrier data and commercial motor 
vehicle safety and credentials information within the 
State and connect to such system for access to inter-
state carrier and commercial motor vehicle 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 creden-
tials, including intrastate registration, vehicle titling,
H. R. 3—598
oversize vehicle permits, overweight vehicle permits, 
carrier registration, and hazardous materials permits; 
(ii) connect to such plan and agreement clearing-
houses; and 
(iii) have at least 10 percent of the credentialing 
transaction volume in the State handled electronically 
and have the capability to add more carriers and to 
extend to branch offices where applicable. 
(C) Roadside electronic screening to electronically 
screen transponder-equipped commercial vehicles at a min-
imum of one fixed or mobile inspection site in the State 
and to replicate this screening at other sites in the State. 
(4) EXPANDED DEPLOYMENT.—The term ‘‘expanded deploy-
ment’’ means the deployment of systems in a State that exceed 
the requirements of a core deployment of commercial vehicle 
information systems and networks, improve safety and the 
productivity of commercial motor vehicle operations, and 
enhance transportation security. 
SEC. 4127. OUTREACH AND EDUCATION. 
(a) IN GENERAL.—The Secretary shall conduct, through any 
combination of grants, contracts, or cooperative agreements, an 
outreach and education program to be administered by the Federal 
Motor Carrier Safety Administration and the National Highway 
Traffic Safety Administration. 
(b) PROGRAM ELEMENTS.—The program shall include, at a min-
imum, the following: 
(1) A program to promote a more comprehensive and 
national effort to educate commercial motor vehicle drivers 
and passenger vehicle drivers about how commercial motor 
vehicle drivers and passenger vehicle drivers can more safely 
share the road with each other. 
(2) A program to promote enhanced traffic enforcement 
efforts aimed at reducing the incidence of the most common 
unsafe driving behaviors that cause or contribute to crashes 
involving commercial motor vehicles and passenger vehicles. 
(3) A program to establish a public-private partnership 
to provide resources and expertise for the development and 
dissemination of information relating to sharing the road 
referred to in paragraphs (1) and (2) to each partner’s constitu-
ents and to the general public through the use of brochures, 
videos, paid and public advertisements, the Internet, and other 
media. 
(c) FEDERAL SHARE.—The Federal share of a program or activity 
for which a grant is made under this section shall be 100 percent 
of the cost of such program or activity. 
(d) ANNUAL REPORT.—The Secretary shall prepare and transmit 
to Congress an annual report on the programs and activities carried 
out under this section. The final annual report shall be submitted 
not later than September 30, 2009. 
(e) FUNDING.—From amounts made available under section 
31104(i) of title 49, United States Code, the Secretary shall make 
available $1,000,000 to the Federal Motor Carrier Safety Adminis-
tration, and $3,000,000 to the National Highway Traffic Safety 
Administration, for each of fiscal years 2006, 2007, 2008, and 2009 
to carry out this section (other than subsection (f)).
H. R. 3—599
(f) STUDY.—The Comptroller General shall update the Govern-
ment Accountability Office’s evaluation of the ‘‘Share the Road 
Safely’’ program to determine if it has achieved reductions in the 
number and severity of commercial motor vehicle crashes, including 
reductions in the number of deaths and the severity of injuries 
sustained in these crashes and shall report its updated evaluation 
to Congress no later than June 30, 2006. 
SEC. 4128. SAFETY DATA IMPROVEMENT PROGRAM. 
(a) IN GENERAL.—The Secretary shall make grants to States 
for projects and activities to improve the accuracy, timeliness, and 
completeness of commercial motor vehicle safety data reported to 
the Secretary. 
(b) ELIGIBILITY.—A State shall be eligible for a grant under 
this section in a fiscal year if the Secretary determines that the 
State has—
(1) conducted a comprehensive audit of its commercial 
motor vehicle safety data system within the preceding 2 years; 
(2) developed a plan that identifies and prioritizes its 
commercial motor vehicle safety data needs and goals; and 
(3) identified performance-based measures to determine 
progress toward those goals. 
(c) FEDERAL SHARE.—The Federal share of a grant under this 
section shall be 80 percent of the cost of the activities for which 
the grant is made. 
(d) BIENNIAL REPORT.—Not later than 2 years after the date 
of enactment of this Act, and biennially thereafter, the Secretary 
shall transmit to Congress a report on the activities and results 
of the program carried out under this section, together with any 
recommendations the Secretary determines appropriate. 
SEC. 4129. OPERATION OF COMMERCIAL MOTOR VEHICLES BY 
INDIVIDUALS WHO USE INSULIN TO TREAT DIABETES 
MELLITUS. 
(a) REVISION OF FINAL RULE.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary shall begin 
revising the final rule published in the Federal Register on Sep-
tember 3, 2003, relating to persons with diabetes, to allow individ-
uals who use insulin to treat their diabetes to operate commercial 
motor vehicles in interstate commerce. The revised final rule shall 
provide for the individual assessment of applicants who use insulin 
to treat their diabetes and who are, except for their use of insulin, 
otherwise qualified under the Federal motor carrier safety regula-
tions. The revised final rule shall be consistent with the criteria 
described in section 4018 of the Transportation Equity Act for 
the 21st Century (49 U.S.C. 31305 note) and shall conclude the 
rulemaking process in the Federal Motor Carrier Safety Administra-
tion docket relating to qualifications of drivers with diabetes. 
(b) NO PERIOD OF COMMERCIAL DRIVING WHILE USING INSULIN 
REQUIRED FOR QUALIFICATION.—After the earlier of the date of 
issuance of the revised final rule under subsection (a) or the 90th 
day following the date of enactment of this Act, the Secretary 
may not require individuals with insulin-treated diabetes mellitus 
who are applying for an exemption from the physical qualification 
standards to have experience operating commercial motor vehicles 
while using insulin in order to be exempted from the physical 
qualification standards to operate a commercial motor vehicle in 
interstate commerce.
H. R. 3—600
(c) MINIMUM PERIOD OF INSULIN USE.—Subject to subsection 
(b), the Secretary shall require individuals with insulin-treated 
diabetes mellitus to have a minimum period of insulin use to 
demonstrate stable control of diabetes before operating a commercial 
motor vehicle in interstate commerce. Such demonstration shall 
be consistent with the findings reported in July 2000, by the expert 
medical panel established by the Secretary, in ‘‘A Report to Congress 
on the Feasibility of a Program to Qualify Individuals with Insulin-
Treated Diabetes Mellitus to Operate Commercial Motor Vehicles 
in Interstate Commerce as Directed by the Transportation Equity 
Act for the 21st Century’’. For individuals who have been newly 
diagnosed with type 1 diabetes, the minimum period of insulin 
use may not exceed 2 months, unless directed by the treating 
physician. For individuals who have type 2 diabetes and are con-
verting to insulin use, the minimum period of insulin use may 
not exceed 1 month, unless directed by the treating physician. 
(d) LIMITATIONS.—Insulin-treated individuals may not be held 
by the Secretary to a higher standard of physical qualification 
in order to operate a commercial motor vehicle in interstate com-
merce than other individuals applying to operate, or operating, 
a commercial motor vehicle in interstate commerce; except to the 
extent that limited operating, monitoring, and medical requirements 
are deemed medically necessary under regulations issued by the 
Secretary. 
SEC. 4130. OPERATORS OF VEHICLES TRANSPORTING AGRICULTURAL 
COMMODITIES AND FARM SUPPLIES. 
(a) AGRICULTURAL EXEMPTION.—Section 229(a)(1) of the Federal 
Motor Carrier Safety Improvement Act of 1999 (as added by section 
4115 of this Act), is amended to read as follows: 
‘‘(1) TRANSPORTATION OF AGRICULTURAL COMMODITIES AND 
FARM SUPPLIES.—Regulations prescribed by the Secretary under 
sections 31136 and 31502 regarding maximum driving and 
on-duty time for drivers used by motor carriers shall not apply 
during planting and harvest periods, as determined by each 
State, to drivers transporting agricultural commodities or farm 
supplies for agricultural purposes in a State if such transpor-
tation is limited to an area within a 100 air mile radius from 
the source of the commodities or the distribution point for 
the farm supplies.’’. 
(b) REVIEW BY THE SECRETARY.—Section 229(c) of such Act 
is amended by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph 
(1), (2), or (4)’’. 
(c) DEFINITIONS.—Section 229(e) of such Act is amended by 
adding at the end the following: 
‘‘(7) AGRICULTURAL
COMMODITY.—The term ‘agricultural 
commodity’ means any agricultural commodity, non-processed 
food, feed, fiber, or livestock (including livestock as defined 
in section 602 of the Emergency Livestock Feed Assistance 
Act of 1988 (7 U.S.C. 1471) and insects). 
‘‘(8) FARM
SUPPLIES
FOR
AGRICULTURAL
PURPOSES.—The 
term ‘farm supplies for agricultural purposes’ means products 
directly related to the growing or harvesting of agricultural 
commodities during the planting and harvesting seasons within 
each State, as determined by the State, and livestock feed 
at any time of the year.’’.
H. R. 3—601
SEC. 4131. MAXIMUM HOURS OF SERVICE FOR OPERATORS OF GROUND 
WATER WELL DRILLING RIGS. 
Section 229(a)(2) of the Motor Carrier Safety Improvement 
Act of 1999 (as added by section 4115 of this Act), is amended 
by adding at the end the following: ‘‘Except as required in section 
395.3 of title 49, Code of Federal Regulations, as in effect on 
the date of enactment of this sentence, no additional off-duty time 
shall be required in order to operate such vehicle.’’. 
SEC. 4132. HOURS OF SERVICE FOR OPERATORS OF UTILITY SERVICE 
VEHICLES. 
Section 229 of the Federal Motor Carrier Safety Improvements 
Act of 1999 (as added by section 4115 of this Act), is amended—
(1) in subsection (a) by striking paragraph (4) and inserting 
the following: 
‘‘(4) OPERATORS OF UTILITY SERVICE VEHICLES.—
‘‘(A) INAPPLICABILITY OF FEDERAL REGULATIONS.—Such 
regulations shall not apply to a driver of a utility service 
vehicle. 
‘‘(B) PROHIBITION
ON
STATE
REGULATIONS.—A State, 
a political subdivision of a State, an interstate agency, 
or other entity consisting of two or more States, shall 
not enact or enforce any law, rule, regulation, or standard 
that imposes requirements on a driver of a utility service 
vehicle that are similar to the requirements contained in 
such regulations.’’; and 
(2) in subsection (b) by striking ‘‘Nothing’’ and inserting 
‘‘Except as provided in subsection (a)(4), nothing’’. 
SEC. 4133. HOURS OF SERVICE RULES FOR OPERATORS PROVIDING 
TRANSPORTATION TO MOVIE PRODUCTION SITES. 
Notwithstanding sections 31136 and 31502 of title 49, United 
States Code, and any other provision of law, the maximum daily 
hours of service for an operator of a commercial motor vehicle 
providing transportation of property or passengers to or from a 
theatrical or television motion picture production site located within 
a 100 air mile radius of the work reporting location of such operator 
shall be those in effect under the regulations in effect under such 
sections on April 27, 2003. 
SEC. 4134. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE 
OPERATORS. 
(a) ESTABLISHMENT.—The Secretary shall establish a grant pro-
gram for persons to train operators of commercial motor vehicles 
(as defined in section 31301 of title 49, United States Code). The 
purpose of the program shall be to train operators and future 
operators in the safe use of such vehicles. 
(b) FEDERAL SHARE.—The Federal share of the cost for which 
a grant is made under this section shall be 80 percent. 
(c) FUNDING.—From amounts made available under section 
31104(i) of title 49, United States Code, the Secretary shall make 
available $1,000,000 for each of fiscal years 2005 through 2009 
to carry out this section. 
SEC. 4135. CDL TASK FORCE. 
(a) IN GENERAL.—The Secretary shall convene a task force 
to study and address current impediments and foreseeable chal-
lenges to the commercial driver’s license program’s effectiveness