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TITLE IV—MOTOR CARRIER
SAFETY
1
2
3
H.L.C.
SECTION 4001. SHORT TITLE.
4
This title may be cited as the ‘‘Motor Carrier Safety
5 Reauthorization Act of 2005’’.
Subtitle A—Commercial Motor
Vehicle Safety
6
7
8
SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.
9
(a) MOTOR CARRIER SAFETY GRANTS.—Section
10 31104(a) of title 49, United States Code, is amended to
11 read as follows:
12
‘‘(a) IN GENERAL.—Subject to subsection (f), there
13 are authorized to be appropriated from the Highway Trust
14 Fund (other than the Mass Transit Account) to carry out
15 section 31102—
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16
‘‘(1) $188,480,000 for fiscal year 2005;
17
‘‘(2) $188,000,000 for fiscal year 2006;
18
‘‘(3) $197,000,000 for fiscal year 2007;
19
‘‘(4) $202,000,000 for fiscal year 2008; and
20
‘‘(5) $209,000,000 for fiscal year 2009.’’.
21
(b) ADMINISTRATIVE EXPENSES.—Section 31104 of
22 such title is amended by adding the following at the end:
23
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‘‘(i) ADMINISTRATIVE EXPENSES.—
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‘‘(1) AUTHORIZATION
OF APPROPRIATIONS.—
2
There are authorized to be appropriated from the
3
Highway Trust Fund (other than the Mass Transit
4
Account) for the Secretary of Transportation to pay
5
administrative expenses of the Federal Motor Car-
6
rier Safety Administration—
7
‘‘(A) $254,849,000 for fiscal year 2005;
8
‘‘(B) $213,000,000 for fiscal year 2006;
9
‘‘(C) $223,000,000 for fiscal year 2007;
10
‘‘(D) $228,000,000 for fiscal year 2008;
11
and
12
‘‘(E) $234,000,000 for fiscal year 2009.
13
‘‘(2) USE
OF FUNDS.—The
funds authorized by
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this subsection shall be used for personnel costs; ad-
15
ministrative infrastructure; rent; information tech-
16
nology; programs for research and technology, infor-
17
mation management, regulatory development, the
18
administration of the performance and registration
19
information system management, and outreach and
20
education; other operating expenses; and such other
21
expenses as may from time to time become necessary
22
to implement statutory mandates of the Administra-
23
tion not funded from other sources.
24
‘‘(j) AVAILABILITY
25
ITY.—
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OF
FUNDS; CONTRACT AUTHOR-
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‘‘(1) PERIOD
OF AVAILABILITY.—The
amounts
2
made available under this section shall remain avail-
3
able until expended.
4
‘‘(2) INITIAL
DATE OF AVAILABILITY.—Author-
5
izations from the Highway Trust Fund (other than
6
the Mass Transit Account) by this section shall be
7
available for obligation on the date of their appor-
8
tionment or allocation or on October 1 of the fiscal
9
year for which they are authorized, whichever occurs
10
first.
11
‘‘(3) CONTRACT
AUTHORITY.—Approval
by the
12
Secretary of a grant with funds made available
13
under this section imposes upon the United States
14
a contractual obligation for payment of the Govern-
15
ment’s share of costs incurred in carrying out the
16
objectives of the grant.’’.
17
(c) GRANT PROGRAMS.—There are authorized to be
18 appropriated from the Highway Trust Fund (other than
19 the Mass Transit Account) the following sums for the fol20 lowing Federal Motor Carrier Safety Administration pro-
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21 grams:
22
(1) COMMERCIAL
DRIVER’S LICENSE PROGRAM
23
IMPROVEMENT GRANTS.—For
24
cense program improvement grants under section
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commercial driver’s li-
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31313 of title 49, United States Code $25,000,000
2
for each of fiscal years 2006 through 2009.
3
(2) BORDER
ENFORCEMENT GRANTS.—For
bor-
4
der enforcement grants under section 31107 of such
5
title $32,000,000 for each of fiscal years 2006,
6
2007, 2008, and 2009.
7
(3) PERFORMANCE
AND REGISTRATION INFOR-
8
MATION SYSTEM MANAGEMENT GRANT PROGRAM.—
9
For the performance and registration information
10
system management grant program under section
11
31109 of such title $5,000,000 for each of fiscal
12
years 2006, 2007, 2008, and 2009.
13
(4) COMMERCIAL
VEHICLE INFORMATION SYS-
14
TEMS AND NETWORKS DEPLOYMENT.—For
15
out the commercial vehicle information systems and
16
networks deployment program under section 4126 of
17
this Act, $25,000,000 for each of fiscal years 2006
18
through 2009.
19
(5) SAFETY
carrying
DATA IMPROVEMENT GRANTS.—
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For safety data improvement grants under section
21
4128 of this Act $2,000,000 for fiscal year 2006
22
and $3,000,000 for each of fiscal years 2007
23
through 2009.
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(d) PERIOD
OF
AVAILABILITY.—The amounts made
2 available under subsection (b) of this section shall remain
3 available until expended.
4
(e) INITIAL DATE
OF
AVAILABILITY.—Amounts au-
5 thorized to be appropriated from the Highway Trust Fund
6 (other than the Mass Transit Account) by subsection (b)
7 shall be available for obligation on the date of their appor8 tionment or allocation or on October 1 of the fiscal year
9 for which they are authorized, whichever occurs first.
10
(f) CONTRACT AUTHORITY.—Approval by the Sec-
11 retary of a grant with funds made available under sub12 section (b) imposes upon the United States a contractual
13 obligation for payment of the Government’s share of costs
14 incurred in carrying out the objectives of the grant.
15
SEC. 4102. INCREASED PENALTIES FOR OUT-OF-SERVICE
16
VIOLATIONS AND FALSE RECORDS.
17
18
(a)
RECORDKEEPING
TIONS.—Section
AND
REPORTING
VIOLA-
521(b)(2)(B) of title 49, United States
19 Code, is amended—
20
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22
23
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(1) in clause (i) by striking ‘‘$500’’ and inserting ‘‘$1,000’’; and
(2) by striking ‘‘$5,000’’ each place it appears
and inserting ‘‘$10,000’’.
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(b) VIOLATIONS OF OUT-OF-SERVICE ORDERS.—Sec-
2 tion 31310(i)(2) of title 49, United States Code, is
3 amended—
4
5
6
(1) by striking ‘‘Not later than December 18,
1992, the’’ and inserting ‘‘The’’;
(2) in subparagraph (A)—
7
8
(A) by striking ‘‘90 days’’ and inserting
‘‘180 days’’; and
9
(B) by striking ‘‘$1,000’’ and inserting
10
‘‘$2,500’’;
11
(3) in subparagraph (B)—
12
13
(A) by striking ‘‘one year’’ and inserting
‘‘2 years’’; and
14
(B) by striking ‘‘$1,000; and’’ and insert-
15
ing ‘‘$5,000;’’;
16
(4) in subparagraph (C) by striking ‘‘$10,000.’’
17
and inserting ‘‘$25,000; and’’; and
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(5) by adding at the end the following:
19
‘‘(D) an employer that knowingly and willfully
20
allows or requires an employee to operate a commer-
21
cial motor vehicle in violation of an out-of-service
22
order shall, upon conviction, be subject for each of-
23
fense to imprisonment for a term not to exceed one
24
year or a fine under title 18, or both.’’.
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SEC. 4103. PENALTY FOR DENIAL OF ACCESS TO RECORDS.
2
Section 521(b) of title 49, United States Code, is
3 amended—
4
(1) by striking ‘‘(b)(1)(A) If the Secretary’’ and
5
inserting the following:
6
‘‘(b)
VIOLATIONS
RELATING
TO
7 MOTOR VEHICLE SAFETY REGULATION
8
COMMERCIAL
AND
OPERA-
TORS.—
9
‘‘(1) NOTICE.—
10
11
12
‘‘(A) IN
GENERAL.—If
the Secretary’’; and
(2) by adding at the end of paragraph (2) the
following:
13
‘‘(E) COPYING
OF RECORDS AND ACCESS
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TO EQUIPMENT, LANDS, AND BUILDINGS.—A
15
person subject to chapter 51 or a motor carrier,
16
broker, freight forwarder, or owner or operator
17
of a commercial motor vehicle subject to part B
18
of subtitle VI who fails to allow promptly, upon
19
demand, the Secretary (or an employee des-
20
ignated by the Secretary) to inspect and copy
21
any record or inspect and examine equipment,
22
lands, buildings and other property in accord-
23
ance
24
14122(b) shall be liable to the United States
25
for a civil penalty not to exceed $1,000 for each
26
offense. Each day the Secretary is denied the
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with
sections
504(c),
5121(c),
and
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right to inspect and copy any record or inspect
2
and examine equipment, lands, buildings and
3
other property shall constitute a separate of-
4
fense, except that the total of all civil penalties
5
against any violator for all offenses related to
6
a single violation shall not exceed $10,000. It
7
shall be a defense to such penalty that the
8
records did not exist at the time of the Sec-
9
retary’s request or could not be timely produced
10
without unreasonable expense or effort. Nothing
11
in this subparagraph amends or supersedes any
12
remedy available to the Secretary under section
13
502(d), section 507(c), or any other provision
14
of this title.’’.
15
SEC. 4104. REVOCATION OF OPERATING AUTHORITY.
16
Section 13905(e) of title 49, United States Code, is
17 amended—
18
(1) by striking paragraph (1) and inserting the
19
following:
20
‘‘(1)
PROTECTION
OF
SAFETY.—Notwith-
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standing subchapter II of chapter 5 of title 5, the
22
Secretary—
23
‘‘(A) may suspend the registration of a
24
motor carrier, a freight forwarder, or a broker
25
for failure to comply with requirements of the
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Secretary pursuant to section 13904(c) or
2
13906 or an order or regulation of the Sec-
3
retary prescribed under those sections; and
4
‘‘(B) shall revoke the registration of a
5
motor carrier that has been prohibited from op-
6
erating in interstate commerce for failure to
7
comply with the safety fitness requirements of
8
section 31144.’’;
9
(2) in paragraph (2) by striking ‘‘may suspend
10
a registration’’ and inserting ‘‘shall revoke the reg-
11
istration’’; and
12
(3) by striking paragraph (3) and inserting the
13
following:
14
‘‘(3) NOTICE;
PERIOD OF SUSPENSION.—The
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Secretary may suspend or revoke under this sub-
16
section the registration only after giving notice of
17
the suspension or revocation to the registrant. A
18
suspension remains in effect until the registrant
19
complies with the applicable sections or, in the case
20
of a suspension under paragraph (2), until the Sec-
21
retary revokes the suspension.’’.
22
SEC. 4105. STATE LAWS RELATING TO VEHICLE TOWING.
23
(a) STATE LAWS RELATING
TO
VEHICLE TOWING.—
24 Section 14501(c) of title 49, United States Code, is
25 amended by adding at the end the following:
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‘‘(5) LIMITATION
ON STATUTORY CONSTRUC-
2
TION.—Nothing
3
prevent a State from requiring that, in the case of
4
a motor vehicle to be towed from private property
5
without the consent of the owner or operator of the
6
vehicle, the person towing the vehicle have prior
7
written authorization from the property owner or
8
lessee (or an employee or agent thereof) or that such
9
owner or lessee (or an employee or agent thereof) be
10
present at the time the vehicle is towed from the
11
property, or both.’’.
12
(b) PREDATORY TOW TRUCK OPERATIONS.—
13
14
in this section shall be construed to
(1) STUDY.—The Secretary shall conduct a
study—
15
(A) to identify issues related to the protec-
16
tion of the rights of individuals whose motor ve-
17
hicles are towed;
18
19
(B) to establish the scope and geographic
reach of any issues so identified, and
20
(C) to identify potential remedies for those
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issues.
22
(2) REPORT.—Not later than 1 year after the
23
date of enactment of this Act, the Secretary shall
24
submit to the Committee on Commerce, Science, and
25
Transportation of the Senate and the Committee on
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Transportation and Infrastructure of the House of
2
Representatives a report on the results of the study.
3
SEC. 4106. MOTOR CARRIER SAFETY GRANTS.
4
(a) STATE PLAN CONTENTS.—Section 31102(b)(1)
5 of title 49, United States Code, is amended—
6
7
(1) by striking subparagraph (A) and inserting
the following:
8
‘‘(A) implements performance-based activities,
9
including deployment of technology to enhance the
10
efficiency and effectiveness of commercial motor ve-
11
hicle safety programs;’’;
12
13
(2) by striking subparagraph (E) and inserting
the following:
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‘‘(E) provides that the total expenditure of
15
amounts of the State and its political subdivi-
16
sions (not including amounts of the Govern-
17
ment) for commercial motor vehicle safety pro-
18
grams for enforcement of commercial motor ve-
19
hicle size and weight limitations, drug interdic-
20
tion, and State traffic safety laws and regula-
21
tions under subsection (c) of this section will be
22
maintained at a level at least equal to the aver-
23
age level of that expenditure for the 3 full fiscal
24
years beginning after October 1 of the year 5
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1
years prior to the beginning of each Govern-
2
ment fiscal year.’’;
3
(3) by striking subparagraph (Q) and inserting
4
5
6
the following:
‘‘(Q) provides that the State has established a
program to ensure that—
7
‘‘(i) accurate, complete, and timely
8
motor carrier safety data is collected and
9
reported to the Secretary; and
10
‘‘(ii) the State will participate in a na-
11
tional motor carrier safety data correction
12
system prescribed by the Secretary;’’;
13
(4) by aligning subparagraph (R) with subpara-
14
15
16
17
18
graph (S);
(5) by striking ‘‘and’’ at the end of subparagraph (S);
(6) by striking the period at the end of subparagraph (T) and inserting a semicolon; and
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(7) by adding at the end the following:
20
‘‘(U) provides that the State will include in the
21
training manual for the licensing examination to
22
drive a noncommercial motor vehicle and a commer-
23
cial motor vehicle, information on best practices for
24
driving safely in the vicinity of noncommercial and
25
commercial motor vehicles;
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‘‘(V) provides that the State will enforce the
2
registration requirements of section 13902 by pro-
3
hibiting the operation of any vehicle discovered to be
4
operated by a motor carrier without a registration
5
issued under such section or to operate beyond the
6
scope of such registration;
7
‘‘(W) provides that the State will conduct com-
8
prehensive and highly visible traffic enforcement and
9
commercial motor vehicle safety inspection programs
10
in high-risk locations and corridors; and
11
‘‘(X) except in the case of an imminent or obvi-
12
ous safety hazard, ensures that an inspection of a
13
vehicle transporting passengers for a motor carrier
14
of passengers is conducted at a station, terminal,
15
border crossing, maintenance facility, destination, or
16
other location where a motor carrier may make a
17
planned stop.’’.
18
(b) USE
OF
GRANTS
TO
ENFORCE OTHER LAWS.—
19 Section 31102 of such title is amended—
20
(1) by striking subsection (c) and inserting the
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21
following:
22
‘‘(c) USE
OF
GRANTS
TO
ENFORCE OTHER LAWS.—
23 A State may use amounts received under a grant under
24 subsection (a)—
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‘‘(1) for the following activities if the activities
2
are carried out in conjunction with an appropriate
3
inspection of the commercial motor vehicle to enforce
4
Government or State commercial motor vehicle safe-
5
ty regulations:
6
‘‘(A) enforcement of commercial motor ve-
7
hicle size and weight limitations at locations
8
other than fixed weight facilities, at specific lo-
9
cations such as steep grades or mountainous
10
terrains where the weight of a commercial
11
motor vehicle can significantly affect the safe
12
operation of the vehicle, or at ports where inter-
13
modal shipping containers enter and leave the
14
United States; and
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‘‘(B) detection of the unlawful presence of
16
a controlled substance (as defined under section
17
102 of the Comprehensive Drug Abuse Preven-
18
tion and Control Act of 1970 (21 U.S.C. 802))
19
in a commercial motor vehicle or on the person
20
of any occupant (including the operator) of the
21
vehicle; and
22
‘‘(2) for documented enforcement of State traf-
23
fic laws and regulations designed to promote the
24
safe operation of commercial motor vehicles, includ-
25
ing documented enforcement of such laws and regu-
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lations relating to noncommercial motor vehicles
2
when necessary to promote the safe operation of
3
commercial motor vehicles if the number of motor
4
carrier safety activities (including roadside safety in-
5
spections) conducted in the State is maintained at a
6
level at least equal to the average level of such ac-
7
tivities conducted in the State in fiscal years 2003,
8
2004, and 2005; except that the State may not use
9
more than 5 percent of the basic amount the State
10
receives under the grant under subsection (a) for en-
11
forcement activities relating to noncommercial motor
12
vehicles described in this paragraph unless the Sec-
13
retary determines a higher percentage will result in
14
significant increases in commercial motor vehicle
15
safety.’’; and
16
17
(2) by adding at the end the following:
‘‘(e) ANNUAL REPORT.—The Secretary shall submit
18 to the Committee on Transportation and Infrastructure
19 of the House of Representatives and the Committee on
20 Commerce, Science and Transportation of the Senate an
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21 annual report that—
22
‘‘(1) analyzes commercial motor vehicle safety
23
trends among the States and documents the most ef-
24
fective commercial motor vehicle safety programs
25
implemented with grants under this section; and
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‘‘(2) describes the effect of activities carried out
2
with grants made under this section on commercial
3
motor vehicle safety.’’.
4
SEC. 4107. HIGH PRIORITY ACTIVITIES AND NEW ENTRANTS
5
6
AUDITS.
(a) HIGH PRIORITY ACTIVITIES.—Section 31104 of
7 title 49, United States Code (as amended by section 4101
8 of this Act), is amended by adding at the end the fol9 lowing:
10
‘‘(k) HIGH-PRIORITY ACTIVITIES.—
11
‘‘(1) CRITERIA.—The Secretary shall establish
12
safety performance criteria to be used to distribute
13
high priority program funds under this subsection.
14
‘‘(2) SET
ASIDE.—The
Secretary may set aside
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15
from amounts made available by subsection (a) up
16
to $15,000,000 for each of fiscal years 2006 through
17
2009 for States, local governments, and organiza-
18
tions representing government agencies or officials
19
described in paragraph (3) for carrying out high pri-
20
ority activities and projects that improve commercial
21
motor vehicle safety and compliance with commercial
22
motor vehicle safety regulations (including activities
23
and projects that are national in scope), increase
24
public awareness and education, demonstrate new
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technologies, and reduce the number and rate of ac-
2
cidents involving commercial motor vehicles.
3
‘‘(3) DESCRIPTION
OF RECIPIENTS.—Amounts
4
set aside under this subsection shall be allocated by
5
the Secretary only to State agencies, local govern-
6
ments, and organizations representing government
7
agencies or officials that use and train qualified offi-
8
cers and employees in coordination with State motor
9
vehicle safety agencies.
10
‘‘(4) LIMITATION.—At least 90 percent of the
11
amounts set aside for a fiscal year under this sub-
12
section shall be awarded in grants to State agencies
13
and local government agencies.’’.
14
(b) NEW ENTRANT AUDITS.—Section 31104 of such
15 title is amended—
16
17
18
19
20
(1) by redesignating the second subsection as
subsection (f); and
(2) by adding at the end of such subsection the
following:
‘‘(5) NEW
ENTRANT AUDITS.—
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21
‘‘(A) GRANTS.—The Secretary may make
22
grants to States and local governments for new
23
entrant motor carrier audits under this sub-
24
section without requiring a matching contribu-
25
tion from such States and local governments.
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1
‘‘(B) SET
ASIDE.—The
Secretary shall set
2
aside from amounts made available by section
3
31104(a) up to $29,000,000 per fiscal year for
4
audits of new entrant motor carriers conducted
5
pursuant to this paragraph.
6
‘‘(C) DETERMINATION.—If the Secretary
7
determines that a State or local government is
8
not able to use government employees to con-
9
duct new entrant motor carrier audits, the Sec-
10
retary may use the funds set aside under this
11
paragraph to conduct audits for such States or
12
local governments.’’.
13
SEC. 4108. DATA QUALITY IMPROVEMENT.
14
(a) IN GENERAL.—Section 31106(a)(3) of title 49,
15 United States Code, is amended—
16
17
18
19
20
(1) by striking ‘‘and’’ at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E) and inserting a semicolon; and
(3) by adding at the end the following:
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21
‘‘(F) ensure, to the maximum extent prac-
22
tical, all the data is complete, timely, and accu-
23
rate across all information systems and initia-
24
tives; and
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‘‘(G) establish and implement a national
2
motor carrier safety data correction system.’’.
3
4
(b) REPORT
ING
ON
STATUS
OF
SAFETY FITNESS RAT-
SYSTEM REVISION.—Not later than 1 year after the
5 date of enactment of this Act, the Secretary shall submit
6 to the Committee on Commerce, Science, and Transpor7 tation of the Senate and the Committee on Transportation
8 and Infrastructure of the House of Representatives a re9 port on the status of revision of the safety fitness rating
10 system of motor carriers.
11
SEC. 4109. PERFORMANCE AND REGISTRATION INFORMA-
12
13
TION SYSTEM MANAGEMENT.
(a) DESIGN AND CONDITIONS FOR PARTICIPATION.—
14 Section 31106(b) of title 49, United States Code, is
15 amended by striking paragraphs (2), (3), and (4) and in16 serting the following:
17
‘‘(2) DESIGN.—The program shall link Federal
18
motor carrier safety information systems with State
19
commercial vehicle registration and licensing systems
20
and shall be designed to enable a State to—
*072805.296*
21
‘‘(A) determine the safety fitness of a
22
motor carrier or registrant when licensing or
23
registering the registrant or motor carrier or
24
while the license or registration is in effect; and
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1
‘‘(B) deny, suspend, or revoke the commer-
2
cial motor vehicle registrations of a motor car-
3
rier or registrant that has been issued an oper-
4
ations out-of-service order by the Secretary.
5
‘‘(3) CONDITIONS
FOR
PARTICIPATION.—The
6
Secretary shall require States, as a condition of par-
7
ticipation in the program, to—
8
‘‘(A) comply with the uniform policies, pro-
9
cedures, and technical and operational stand-
10
ards prescribed by the Secretary under sub-
11
section (a)(4);
12
‘‘(B) possess or seek the authority to pos-
13
sess for a time period no longer than deter-
14
mined reasonable by the Secretary, to impose
15
sanctions relating to commercial motor vehicle
16
registration on the basis of a Federal safety fit-
17
ness determination; and
*072805.296*
18
‘‘(C) establish and implement a process to
19
cancel the motor vehicle registration and seize
20
the registration plates of a vehicle when an em-
21
ployer
22
31310(i)(2)(C) for knowingly allowing or re-
23
quiring an employee to operate such a commer-
24
cial motor vehicle in violation of an out-of-serv-
25
ice order.
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is
found
liable
under
section
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1
‘‘(4) GRANTS.—From the funds authorized by
2
section 31104(i), the Secretary may make a grant in
3
a fiscal year to a State to implement the perform-
4
ance and registration information system manage-
5
ment requirements of this subsection.’’.
6
(b) PERFORMANCE
7
TION
8
REGISTRATION INFORMA-
SYSTEM MANAGEMENT GRANTS.—
(1) IN
9
AND
GENERAL.—Subchapter
I of chapter 311
of title 49, United States Code, is further amended
10
by adding at the end the following:
11 ‘‘§ 31109. Performance and registration information
12
System management
13
‘‘The Secretary of Transportation may make a grant
14 to a State to implement the performance and registration
15 information system management requirements of section
16 31106(b).’’.
17
(2) CONFORMING
AMENDMENT.—The
analysis
18
for such subchapter is amended by adding at the
19
end the following:
‘‘31109. Performance and registration information system management.’’.
20
SEC. 4110. BORDER ENFORCEMENT GRANTS.
*072805.296*
21
(a) IN GENERAL.—Chapter 311 of title 49, United
22 States Code, is amended—
23
24
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(1) by striking the heading for subchapter I
and inserting the following:
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22
1
‘‘SUBCHAPTER I—GENERAL AUTHORITY AND
2
STATE GRANTS’’; and
3
4
(2) by striking section 31107 and inserting the
following:
5 ‘‘§ 31107. Border enforcement grants
6
‘‘(a) GENERAL AUTHORITY.—The Secretary of
7 Transportation may make a grant in a fiscal year to an
8 entity or State that shares a land border with another
9 country for carrying out border commercial motor vehicle
10 safety programs and related enforcement activities and
11 projects.
12
‘‘(b) MAINTENANCE
OF
EXPENDITURES.—The Sec-
13 retary may make a grant to a State under this section
14 only if the State agrees that the total expenditure of
15 amounts of the State and political subdivisions of the
16 State, exclusive of amounts from the United States, for
17 carrying out border commercial motor vehicle safety pro18 grams and related enforcement activities and projects will
19 be maintained at a level at least equal to the average level
20 of that expenditure by the State and political subdivisions
*072805.296*
21 of the State for the last 2 fiscal years of the State or the
22 Federal Government ending before October 1, 2005,
23 whichever the State designates.
24
‘‘(c) GOVERNMENTS SHARE
OF
COSTS.—The Sec-
25 retary shall reimburse a State under a grant made under
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23
1 this section an amount that is not more than 100 percent
2 of the costs incurred by the State in a fiscal year for car3 rying out border commercial motor vehicle safety pro4 grams and related enforcement activities and projects.
5
‘‘(d)
AVAILABILITY
AND
REALLOCATION
OF
6 AMOUNTS.—Allocations to a State remain available for ex7 penditure in the State for the fiscal year in which they
8 are allocated and for the next fiscal year. Amounts not
9 expended by a State during those 2 fiscal years are avail10 able to the Secretary for reallocation under this section.’’.
11
(b) CLERICAL AMENDMENTS.—
12
(1) ITEM
RELATING TO SUBCHAPTER
I.—The
13
analysis for such chapter is amended by striking the
14
item relating to subchapter I and inserting the fol-
15
lowing:
‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’.
16
(2) ITEM
RELATING TO SECTION
31107.—The
17
analysis for such chapter is amended by striking the
18
item relating to section 31107 and inserting the fol-
19
lowing:
*072805.296*
‘‘31107. Border enforcement grants.’’.
20
SEC. 4111. MOTOR CARRIER RESEARCH AND TECHNOLOGY
21
22
PROGRAM.
(a) IN GENERAL.—Section 31108 of title 49, United
23 States Code, is amended to read as follows:
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1 ‘‘§ 31108. Motor carrier research and technology pro2
3
gram
‘‘(a) RESEARCH, TECHNOLOGY,
TECHNOLOGY
AND
4 TRANSFER ACTIVITIES.—
5
‘‘(1)
ESTABLISHMENT.—The
Secretary
of
6
Transportation shall establish and carry out a motor
7
carrier and motor coach research and technology
8
program.
9
‘‘(2) MULTIYEAR
PLAN.—The
program must in-
10
clude a multi-year research plan that focuses on
11
nonredundant innovative research and shall be co-
12
ordinated with other research programs or projects
13
ongoing or planned within the Department of Trans-
14
portation, as appropriate.
15
‘‘(3) RESEARCH,
DEVELOPMENT, AND TECH-
16
NOLOGY TRANSFER ACTIVITIES.—The
17
carry out under the program research, development,
18
technology, and technology transfer activities with
19
respect to—
20
21
Secretary may
‘‘(A) the causes of accidents, injuries, and
fatalities involving commercial motor vehicles;
*072805.296*
22
‘‘(B) means of reducing the number and
23
severity of accidents, injuries, and fatalities in-
24
volving commercial motor vehicles;
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25
1
‘‘(C) improving the safety and efficiency of
2
commercial motor vehicles through technological
3
innovation and improvement;
4
‘‘(D) improving technology used by en-
5
forcement officers when conducting roadside in-
6
spections and compliance reviews to increase ef-
7
ficiency and information transfers; and
8
9
10
‘‘(E) increasing the safety and security of
hazardous materials transportation.
‘‘(4) TESTS
AND
DEVELOPMENT.—The
Sec-
11
retary may test, develop, or assist in testing and de-
12
veloping any material, invention, patented article, or
13
process related to the research and technology pro-
14
gram.
15
‘‘(5) TRAINING.—The Secretary may use the
16
funds made available to carry out this section for
17
training or education of commercial motor vehicle
18
safety personnel, including training in accident re-
19
construction and detection of controlled substances
20
or other contraband and stolen cargo or vehicles.
*072805.296*
21
22
‘‘(6) PROCEDURES.—The Secretary may carry
out this section—
23
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‘‘(A) independently;
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H.L.C.
26
1
‘‘(B) in cooperation with other Federal de-
2
partments, agencies, and instrumentalities and
3
Federal laboratories; or
4
‘‘(C) by making grants to, or entering into
5
contracts and cooperative agreements with, any
6
Federal laboratory, State agency, authority, as-
7
sociation, institution, for-profit or nonprofit cor-
8
poration, organization, foreign country, or per-
9
son.
10
‘‘(7) DEVELOPMENT
AND PROMOTION OF USE
11
OF PRODUCTS.—The
12
available to carry out this section to develop, admin-
13
ister, communicate, and promote the use of products
14
of research, technology, and technology transfer pro-
15
grams under this section.
16
‘‘(b) COLLABORATIVE RESEARCH
17
Secretary shall use funds made
AND
DEVELOP-
MENT.—
18
‘‘(1) IN
GENERAL.—To
advance innovative solu-
*072805.296*
19
tions to problems involving commercial motor vehicle
20
and motor carrier safety, security, and efficiency,
21
and to stimulate the deployment of emerging tech-
22
nology, the Secretary may carry out, on a cost-
23
shared basis, collaborative research and development
24
with—
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1
‘‘(A) non-Federal entities, including State
2
and local governments, foreign governments,
3
colleges and universities, corporations, institu-
4
tions, partnerships, and sole proprietorships
5
that are incorporated or established under the
6
laws of any State; and
7
8
‘‘(B) Federal laboratories.
‘‘(2) COOPERATIVE
AGREEMENTS.—In
carrying
9
out this subsection, the Secretary may enter into co-
10
operative research and development agreements (as
11
defined in section 12 of the Stevenson-Wydler Tech-
12
nology Innovation Act of 1980 (15 U.S.C. 3710a)).
13
‘‘(3) COST
14
‘‘(A)
SHARING.—
FEDERAL
SHARE.—The
Federal
*072805.296*
15
share of the cost of activities carried out under
16
a cooperative research and development agree-
17
ment entered into under this subsection shall
18
not exceed 50 percent; except that, if there is
19
substantial public interest or benefit associated
20
with any such activity, the Secretary may ap-
21
prove a greater Federal share.
22
‘‘(B) TREATMENT
23
NON-FEDERAL COSTS.—All
24
curred by the non-Federal partners, including
25
personnel, travel, and hardware or software de-
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OF DIRECTLY INCURRED
costs directly in-
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H.L.C.
28
1
velopment costs, shall be credited toward the
2
non-Federal share of the cost of the activities
3
described in subparagraph (A).
4
‘‘(4) USE
OF TECHNOLOGY.—The
research, de-
5
velopment, or use of a technology under a coopera-
6
tive research and development agreement entered
7
into under this subsection, including the terms
8
under which the technology may be licensed and the
9
resulting royalties may be distributed, shall be sub-
10
ject to the Stevenson-Wydler Technology Innovation
11
Act of 1980 (15 U.S.C. 3701 et seq.).’’.
12
(b) CLERICAL AMENDMENT.—The analysis for chap-
13 ter 311 of such title is amended by striking the item relat14 ing to section 31108 and inserting the following:
‘‘31108. Motor carrier research and technology program.’’.
15
SEC. 4112. NEBRASKA CUSTOM HARVESTERS LENGTH EX-
16
17
EMPTION.
(a) IN GENERAL.—Section 31112(c) of title 49,
18 United States Code, is amended by adding at the end the
19 following:
*072805.296*
20
‘‘(5) Nebraska may allow the operation of a
21
truck tractor and 2 trailers or semitrailers not in ac-
22
tual lawful operation on a regular or periodic basis
23
on June 1, 1991, if the length of the property-car-
24
rying units does not exceed 81 feet 6 inches and
25
such combination is used only to transport equip-
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1
ment utilized by custom harvesters under contract to
2
agricultural producers to harvest one or more of
3
wheat, soybeans, and milo during the harvest
4
months for such crops, as defined by the State of
5
Nebraska.’’.
6
(b)
CONFORMING
AMENDMENT.—Such
section
7 31112(c) is amended by striking the subsection designa8 tion and heading and inserting the following:
9
‘‘(c) SPECIAL RULES
FOR
WYOMING, OHIO, ALASKA,
10 IOWA, AND NEBRASKA.—’’.
11
SEC. 4113. PATTERN OF SAFETY VIOLATIONS BY MOTOR
12
13
CARRIER MANAGEMENT.
(a) DUTIES
OF
EMPLOYERS
AND
EMPLOYEES.—Sec-
14 tion 31135 of title 49, United States Code, is amended—
15
16
17
18
(1) by inserting ‘‘(a) In General.—’’ before
‘‘Each’’; and
(2) by adding at the end the following:
‘‘(b) PATTERN
OF
NONCOMPLIANCE.—If the Sec-
19 retary finds that an officer of a motor carrier engages or
20 has engaged in a pattern or practice of avoiding compli-
*072805.296*
21 ance, or masking or otherwise concealing noncompliance,
22 with regulations on commercial motor vehicle safety pre23 scribed under this subchapter, while serving as an officer
24 of any motor carrier, the Secretary may suspend, amend,
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1 or revoke any part of the motor carrier’s registration
2 under section 13905.
3
‘‘(c) REGULATIONS.—Not later than 1 year after the
4 date of enactment of this subsection, the Secretary shall
5 by regulation establish standards to implement subsection
6 (b).
7
‘‘(d) DEFINITIONS.—In this section, the following
8 definitions apply:
9
‘‘(1) MOTOR
CARRIER.—The
term ‘motor car-
10
rier’ has the meaning such term has under section
11
13102.
12
‘‘(2) OFFICER.—The term ‘officer’ means an
13
owner, director, chief executive officer, chief oper-
14
ating officer, chief financial officer, safety director,
15
vehicle maintenance supervisor, and driver super-
16
visor of a motor carrier, regardless of the title at-
17
tached to those functions, and any person, however
18
designated, exercising controlling influence over the
19
operations of a motor carrier.’’.
20
(b) CROSS REFERENCE.—Section 13902(a)(1)(B) of
*072805.296*
21 such title is amended to read as follows:
22
23
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‘‘(B)(i) any safety regulations imposed by
the Secretary;
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31
1
‘‘(ii) the duties of employers and employees
2
established by the Secretary under section
3
31135; and
4
‘‘(iii) the safety fitness requirements estab-
5
lished by the Secretary under section 31144;
6
and’’.
7
SEC.
4114.
INTRASTATE
8
9
OPERATIONS
OF
INTERSTATE
MOTOR CARRIERS.
(a) IN GENERAL.—Section 31144(a) of title 49,
10 United States Code, is amended to read as follows:
11
‘‘(a) IN GENERAL.—The Secretary shall—
12
‘‘(1) determine whether an owner or operator is
13
fit to operate safely commercial motor vehicles, uti-
14
lizing among other things the accident record of an
15
owner or operator operating in interstate commerce
16
and the accident record and safety inspection record
17
of such owner or operator—
18
19
‘‘(A) in operations that affect interstate
commerce within the United States; and
*072805.296*
20
‘‘(B) in operations in Canada and Mexico
21
if the owner or operator also conducts oper-
22
ations within the United States;
23
‘‘(2) periodically update such safety fitness de-
24
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1
2
3
‘‘(3) make such final safety fitness determinations readily available to the public; and
‘‘(4) prescribe by regulation penalties for viola-
4
tions of this section consistent with section 521.’’.
5
(b) PROHIBITED TRANSPORTATION.—The first sub-
6 section (c) of section 31144 of such title is amended by
7 adding at the end the following:
8
9
‘‘(5)
TRANSPORTATION
STATE COMMERCE.—Owners
AFFECTING
INTER-
or operators of com-
10
mercial motor vehicles prohibited from operating in
11
interstate commerce pursuant to paragraphs (1)
12
through (3) of this section may not operate any
13
commercial motor vehicle that affects interstate
14
commerce until the Secretary determines that such
15
owner or operator is fit.’’.
16
(c) DETERMINATION
OF
UNFITNESS
BY
STATE.—
17 Section 31144 of such title is amended—
18
(1) by redesignating subsections (d), (e), and
19
the second subsection (c) as subsections (e), (f), and
20
(g), respectively; and
*072805.296*
21
(2) by inserting after subsection (c) the fol-
22
lowing:
23
‘‘(d) DETERMINATION
OF
UNFITNESS
BY
STATE.—
24 If a State that receives motor carrier safety assistance
25 program funds under section 31102 determines, by apply-
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1 ing the standards prescribed by the Secretary under sub2 section (b), that an owner or operator of a commercial
3 motor vehicle that has its principal place of business in
4 that State and operates in intrastate commerce is unfit
5 under such standards and prohibits the owner or operator
6 from operating such vehicle in the State, the Secretary
7 shall prohibit the owner or operator from operating such
8 vehicle in interstate commerce until the State determines
9 that the owner or operator is fit.’’.
10
SEC. 4115. TRANSFER PROVISION.
11
(a) IN GENERAL.—Title II of the Motor Carrier Safe-
12 ty Improvement Act of 1999 (113 Stat. 1748–1773) is
13 amended by inserting after section 228—
14
(1) the following:
15
‘‘SEC. 229. CERTAIN EXEMPTIONS.’’; and
16
(2) the text of section 345 of the National
17
Highway System Designation Act of 1995 (49
18
U.S.C. 31136 note).
19
(b) CLERICAL AMENDMENT.—The table of contents
20 for such Act is amended by inserting after the item relat-
*072805.296*
21 ing to section 228 the following:
‘‘Sec. 229. Certain exemptions.’’.
22
(c) CONFORMING AMENDMENT.—Section 229 of such
23 Act (as added by this section) is amended by striking sub24 section (f).
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1
(d) CONFORMING REPEAL.—Section 345 of the Na-
2 tional Highway System Designation Act of 1995 (49
3 U.S.C. 31136 note; 109 Stat. 613) is repealed.
4
SEC. 4116. MEDICAL PROGRAM.
5
(a) IN GENERAL.—Subchapter III of chapter 311 of
6 title 49, United States Code, is amended by adding at the
7 end the following:
8 ‘‘§ 31149. Medical program
9
‘‘(a) MEDICAL REVIEW BOARD.—
10
‘‘(1) ESTABLISHMENT
AND
FUNCTION.—The
11
Secretary of Transportation shall establish a Medical
12
Review Board to provide the Federal Motor Carrier
13
Safety Administration with medical advice and rec-
14
ommendations on medical standards and guidelines
15
for the physical qualifications of operators of com-
16
mercial motor vehicles, medical examiner education,
17
and medical research.
18
‘‘(2)
COMPOSITION.—The
Medical
Review
*072805.296*
19
Board shall be appointed by the Secretary and shall
20
consist of 5 members selected from medical institu-
21
tions and private practice. The membership shall re-
22
flect expertise in a variety of medical specialties rel-
23
evant to the driver fitness requirements of the Fed-
24
eral Motor Carrier Safety Administration.
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1
‘‘(b) CHIEF MEDICAL EXAMINER.—The Secretary
2 shall appoint a chief medical examiner who shall be an
3 employee of the Federal Motor Carrier Safety Administra4 tion and who shall hold a position under section 3104 of
5 title 5, United States Code, relating to employment of spe6 cially qualified scientific and professional personnel, and
7 shall be paid under section 5376 of title 5, United States
8 Code, relating to pay for certain senior-level positions.
9
10
‘‘(c) MEDICAL STANDARDS
‘‘(1) IN
AND
GENERAL.—The
REQUIREMENTS.—
Secretary, with the ad-
11
vice of the Medical Review Board and the chief med-
12
ical examiner, shall—
13
‘‘(A) establish, review, and revise—
14
‘‘(i) medical standards for operators
15
of commercial motor vehicles that will en-
16
sure that the physical condition of opera-
17
tors of commercial motor vehicles is ade-
18
quate to enable them to operate the vehi-
19
cles safely;
*072805.296*
20
‘‘(ii) requirements for periodic phys-
21
ical examinations of such operators per-
22
formed by medical examiners who have, at
23
a minimum, self-certified that they have
24
completed training in physical and medical
25
examination standards and are listed on a
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1
national registry maintained by the De-
2
partment of Transportation; and
3
‘‘(B) require each such operator to have a
4
current valid medical certificate;
5
‘‘(C) conduct periodic reviews of a select
6
number of medical examiners on the national
7
registry to ensure that proper examinations of
8
such operators are being conducted;
9
‘‘(D) develop, as appropriate, specific
10
courses and materials for medical examiners
11
listed in the national registry established under
12
this section, and require those medical exam-
13
iners to, at a minimum, self-certify that they
14
have completed specific training, including re-
15
fresher courses, to be listed in the registry;
*072805.296*
16
‘‘(E) require medical examiners to trans-
17
mit the name of the applicant and numerical
18
identifier, as determined by the Administrator
19
of the Federal Motor Carrier Safety Adminis-
20
tration, for any completed medical examination
21
report required under section 391.43 of title 49,
22
Code of Federal Regulations, electronically to
23
the chief medical examiner on monthly basis;
24
and
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1
‘‘(F) periodically review a representative
2
sample of the medical examination reports asso-
3
ciated with the name and numerical identifiers
4
of applicants transmitted under subparagraph
5
(E) for errors, omissions, or other indications of
6
improper certification.
7
‘‘(2) MONITORING
PERFORMANCE.—The
Sec-
8
retary shall investigate patterns of errors or im-
9
proper certification by a medical examiner. If the
10
Secretary finds that a medical examiner has issued
11
a medical certificate to an operator of a commercial
12
motor vehicle who fails to meet the applicable stand-
13
ards at the time of the examination or that a med-
14
ical examiner has falsely claimed to have completed
15
training in physical and medical examination stand-
16
ards as required by this section, the Secretary may
17
remove such medical examiner from the registry and
18
may void the medical certificate of the applicant or
19
holder.
20
‘‘(d) NATIONAL REGISTRY
*072805.296*
21
INERS.—The
OF
MEDICAL EXAM-
Secretary, acting through the Federal Motor
22 Carrier Safety Administration—
23
‘‘(1) shall establish and maintain a current na-
24
tional registry of medical examiners who are quali-
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1
fied to perform examinations and issue medical cer-
2
tificates;
3
‘‘(2) shall remove from the registry the name of
4
any medical examiner that fails to meet or maintain
5
the qualifications established by the Secretary for
6
being listed in the registry or otherwise does not
7
meet the requirements of this section or regulation
8
issued under this section;
9
‘‘(3) shall accept as valid only medical certifi-
10
cates issued by persons on the national registry of
11
medical examiners; and
12
‘‘(4) may make participation of medical exam-
13
iners in the national registry voluntary if such a
14
change will enhance the safety of operators of com-
15
mercial motor vehicles.
16
‘‘(e) REGULATIONS.—The Secretary such regulations
17 as may be necessary to carry out this section.’’.
18
(b) MEDICAL EXAMINERS.—Section 31136(a)(3) of
19 such title is amended to read as follows:
*072805.296*
20
‘‘(3) the physical condition of operators of com-
21
mercial motor vehicles is adequate to enable them to
22
operate the vehicles safely and the periodic physical
23
examinations required of such operators are per-
24
formed by medical examiners who have received
25
training in physical and medical examination stand-
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1
ards and, after the national registry maintained by
2
the Department of Transportation under section
3
31149(d) is established, are listed on such registry;
4
and’’.
5
(c) DEFINITION
OF
MEDICAL EXAMINER.—Section
6 31132 of such title is amended—
7
(1) by redesignating paragraphs (6) through
8
(10) as paragraphs (7) through (11), respectively;
9
and
10
(2) by inserting after paragraph (5) the fol-
11
lowing:
12
‘‘(6) ‘medical examiner’ means an individual li-
13
censed, certified, or registered in accordance with
14
regulations issued by the Federal Motor Carrier
15
Safety Administration as a medical examiner.’’.
16
(d) FUNDING.—Amounts made available pursuant to
17 section 31104(i) of title 49, United States Code, shall be
18 used by the Secretary to carry out section 31149 of title
19 49, United States Code.
20
(e) CLERICAL AMENDMENT.—The analysis for such
*072805.296*
21 subchapter is amended by inserting after the item relating
22 to section 31148 the following:
‘‘31149. Medical program.’’.
23
(f) EFFECTIVE DATE.—The amendment made by
24 subsection (a) shall take effect on the 365th day following
25 the date of enactment of this Act.
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1
SEC. 4117. SAFETY PERFORMANCE HISTORY SCREENING.
2
(a) IN GENERAL.—Subchapter III of chapter 311 of
3 title 49, United States Code (as amended by section 4116
4 of this Act), is amended by adding at the end the fol5 lowing:
6 ‘‘§ 31150. Safety performance history screening
7
‘‘(a) IN GENERAL.—The Secretary of Transportation
8 shall provide persons conducting preemployment screening
9 services for the motor carrier industry electronic access
10 to the following reports contained in the Motor Carrier
11 Management Information System:
12
‘‘(1) Commercial motor vehicle accident reports.
13
‘‘(2) Inspection reports that contain no driver-
14
15
related safety violations.
‘‘(3) Serious driver-related safety violation in-
16
spection reports.
17
‘‘(b) CONDITIONS
ON
PROVIDING ACCESS.—Before
18 providing a person access to the Motor Carrier Manage19 ment Information System under subsection (a), the Sec20 retary shall—
*072805.296*
21
‘‘(1) ensure that any information that is re-
22
leased to such person will be in accordance with the
23
Fair Credit Reporting Act (15 U.S.C. 1681 et seq.)
24
and all other applicable Federal law;
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1
‘‘(2) ensure that such person will not conduct
2
a screening without the operator-applicant’s written
3
consent;
4
‘‘(3) ensure that any information that is re-
5
leased to such person will not be released to any per-
6
son or entity, other than the motor carrier request-
7
ing the screening services or the operator-applicant,
8
unless expressly authorized or required by law; and
9
‘‘(4) provide a procedure for the operator-appli-
10
cant to correct inaccurate information in the System
11
in a timely manner.
12
‘‘(c) DESIGN.—The process for providing access to
13 the Motor Carrier Management Information System under
14 subsection (a) shall be designed to assist the motor carrier
15 industry in assessing an individual operator’s crash and
16 serious safety violation inspection history as a preemploy17 ment condition. Use of the process shall not be mandatory
18 and may only be used during the preemployment assess19 ment of an operator-applicant.
20
‘‘(d) SERIOUS DRIVER-RELATED SAFETY VIOLATION
*072805.296*
21 DEFINED.—In this section, the term ‘serious driver-re22 lated violation’ means a violation by an operator of a com23 mercial motor vehicle that the Secretary determines will
24 result in the operator being prohibited from continuing to
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1 operate a commercial motor vehicle until the violation is
2 corrected.’’.
3
(b) CLERICAL AMENDMENT.—The analysis for such
4 subchapter (as amended by section 4116 of this Act) is
5 amended by adding at the end the following:
‘‘31150. Safety performance history screening.’’.
6
SEC. 4118. ROADABILITY.
7
(a) IN GENERAL.—Subchapter III of chapter 311 of
8 title 49, United States Code (as amended by sections 4116
9 and 4117 of this Act) is amended by adding at the end
10 the following:
11 ‘‘§ 31151. Roadability
12
‘‘(a) INSPECTION, REPAIR,
AND
MAINTENANCE
OF
13 INTERMODAL EQUIPMENT.—
14
‘‘(1) IN
GENERAL.—Not
later than 1 year after
15
the date of enactment of this section, the Secretary
16
of Transportation, after providing notice and oppor-
17
tunity for comment, shall issue regulations estab-
18
lishing a program to ensure that intermodal equip-
19
ment used to transport intermodal containers is safe
20
and systematically maintained.
*072805.296*
21
‘‘(2) INTERMODAL
EQUIPMENT SAFETY REGU-
22
LATIONS.—The
23
under this section as a subpart of the Federal motor
24
carry safety regulations.
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Secretary shall issue the regulations
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1
2
‘‘(3) CONTENTS.—The regulations issued under
this section shall include, at a minimum—
3
‘‘(A) a requirement to identify intermodal
4
equipment providers responsible for the inspec-
5
tion and maintenance of intermodal equipment
6
that is interchanged or intended for interchange
7
to motor carriers in intermodal transportation;
8
‘‘(B) a requirement to match intermodal
9
equipment readily to an intermodal equipment
10
provider through a unique identifying number;
11
‘‘(C) a requirement that an intermodal
12
equipment provider identified under subpara-
13
graph (A) systematically inspect, repair, and
14
maintain, or cause to be systematically in-
15
spected, repaired, and maintained, intermodal
16
equipment described in subparagraph (A) that
17
is intended for interchange with a motor car-
18
rier;
*072805.296*
19
‘‘(D) a requirement to ensure that each
20
intermodal equipment provider identified under
21
subparagraph (A) maintains a system of main-
22
tenance and repair records for such equipment;
23
‘‘(E) requirements that—
24
‘‘(i) a specific list of intermodal equip-
25
ment components or items be identified for
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1
the visual or audible inspection of which a
2
driver is responsible before operating the
3
equipment over the road; and
4
‘‘(ii) the inspection under clause (i) be
5
conducted as part of the Federal require-
6
ment in effect on the date of enactment of
7
this Act that a driver be satisfied that the
8
intermodal equipment components are in
9
good working order before the equipment
10
is operated over the road;
11
‘‘(F) a requirement that a facility at which
12
an intermodal equipment provider regularly
13
makes intermodal equipment available for inter-
14
change have an operational process and space
15
readily available for a motor carrier to have an
16
equipment defect identified pursuant to sub-
17
paragraph (E) repaired or the equipment re-
18
placed prior to departure;
*072805.296*
19
‘‘(G) a program for the evaluation and
20
audit of compliance by intermodal equipment
21
providers with applicable Federal motor carrier
22
safety regulations;
23
‘‘(H) a civil penalty structure consistent
24
with section 521(b) of title 49, United States
25
Code, for intermodal equipment providers that
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1
fail to attain satisfactory compliance with appli-
2
cable Federal motor carrier safety regulations;
3
and
4
‘‘(I) a prohibition on intermodal equipment
5
providers from placing intermodal equipment in
6
service on the public highways to the extent
7
such providers or their equipment are found to
8
pose an imminent hazard;
*072805.296*
9
‘‘(J) a process by which motor carriers and
10
agents of motor carriers shall be able to request
11
the Federal Motor Carrier Safety Administra-
12
tion to undertake an investigation of an inter-
13
modal equipment provider identified under sub-
14
paragraph (A) that is alleged to be not in com-
15
pliance with the regulations under this section;
16
‘‘(K) a process by which equipment pro-
17
viders and agents of equipment providers shall
18
be able to request the Administration to under-
19
take an investigation of a motor carrier that is
20
alleged to be not in compliance with the regula-
21
tions issued under this section;
22
‘‘(L) a process by which a driver or motor
23
carrier transporting intermodal equipment is re-
24
quired to report to the intermodal equipment
25
provider or the provider’s designated agent any
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1
actual damage or defect in the intermodal
2
equipment of which the driver or motor carrier
3
is aware at the time the intermodal equipment
4
is returned to the intermodal equipment pro-
5
vider or the provider’s designated agent;
6
‘‘(M) a requirement that any actual dam-
7
age or defect identified in the process estab-
8
lished under subparagraph (L) be repaired be-
9
fore the equipment is made available for inter-
10
change to a motor carrier and that repairs of
11
equipment made pursuant to the requirements
12
of this subparagraph and reports made pursu-
13
ant to the subparagraph (L) process be docu-
14
mented in the maintenance records for such
15
equipment; and
*072805.296*
16
‘‘(N) a procedure under which motor car-
17
riers, drivers and intermodal equipment pro-
18
viders may seek correction of their motor car-
19
rier safety records through the deletion from
20
those records of violations of safety regulations
21
attributable to deficiencies in the intermodal
22
chassis or trailer for which they should not have
23
been held responsible.
24
‘‘(4)
25
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DEADLINE
CEEDING.—Not
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FOR
RULEMAKING
PRO-
later than 120 days after the date
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47
1
of enactment of this section, the Secretary shall ini-
2
tiate a rulemaking proceeding for issuance of the
3
regulations under this section.
4
‘‘(b) INSPECTION, REPAIR,
AND
MAINTENANCE
OF
5 INTERMODAL EQUIPMENT.—The Secretary or an em6 ployee of the Department of Transportation designated by
7 the Secretary may inspect intermodal equipment, and copy
8 related maintenance and repair records for such equip9 ment, on demand and display of proper credentials.
10
‘‘(c) OUT-OF-SERVICE UNTIL REPAIR.—Any inter-
11 modal equipment that is determined under this section to
12 fail to comply with applicable Federal safety regulations
13 may be placed out of service by the Secretary or a Federal,
14 State, or government official designated by the Secretary
15 and may not be used on a public highway until the repairs
16 necessary to bring such equipment into compliance have
17 been completed. Repairs of equipment taken out of service
18 shall be documented in the maintenance records for such
19 equipment.
20
‘‘(d) PREEMPTION GENERALLY.—Except as provided
*072805.296*
21 in subsection (e), a law, regulation, order, or other re22 quirement of a State, a political subdivision of a State,
23 or a tribal organization relating to commercial motor vehi24 cle safety is preempted if such law, regulation, order, or
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1 other requirement exceeds or is inconsistent with a re2 quirement imposed under or pursuant to this section.
3
4
‘‘(e) PRE-EXISTING STATE REQUIREMENTS.—
‘‘(1) IN
GENERAL.—Except
as provided in para-
5
graph (2), a State requirement for the periodic in-
6
spection of intermodal chassis by intermodal equip-
7
ment providers that was in effect on January 1,
8
2005, shall remain in effect only until the date on
9
which requirements prescribed under this section
10
11
take effect.
‘‘(2) NONPREEMPTION
12
‘‘(A) IN
DETERMINATIONS.—
GENERAL.—Notwithstanding
sub-
13
section (d), a State requirement described in
14
paragraph (1) is not preempted by a Federal
15
requirement prescribed under this section if the
16
Secretary determines that the State require-
17
ment is as effective as the Federal requirement
18
and does not unduly burden interstate com-
19
merce.
20
‘‘(B) APPLICATION
REQUIRED.—Subpara-
*072805.296*
21
graph (A) applies to a State requirement only
22
if the State applies to the Secretary for a deter-
23
mination under this paragraph with respect to
24
the requirement before the date on which the
25
regulations issued under this section take effect.
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1
The Secretary shall make a determination with
2
respect to any such application within 6 months
3
after the date on which the Secretary receives
4
the application.
5
‘‘(C) AMENDED
STATE REQUIREMENTS.—
6
Any amendment to a State requirement not
7
preempted under this subsection because of a
8
determination by the Secretary under subpara-
9
graph (A) may not take effect unless—
10
‘‘(i) it is submitted to the Secretary
11
before the effective date of the amendment;
12
and
13
‘‘(ii) the Secretary determines that
14
the amendment would not cause the State
15
requirement to be less effective than the
16
Federal requirement and would not unduly
17
burden interstate commerce.
18
‘‘(f) DEFINITIONS.—In this section, the following
19 definitions apply:
20
‘‘(1)
INTERMODAL
EQUIPMENT.—The
term
*072805.296*
21
‘intermodal equipment’ means trailing equipment
22
that is used in the intermodal transportation of con-
23
tainers over public highways in interstate commerce,
24
including trailers and chassis.
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1
‘‘(2) INTERMODAL
EQUIPMENT INTERCHANGE
2
AGREEMENT.—The
3
interchange agreement’ means the Uniform Inter-
4
modal Interchange and Facilities Access Agreement
5
or any other written document executed by an inter-
6
modal equipment provider or its agent and a motor
7
carrier or its agent, the primary purpose of which is
8
to establish the responsibilities and liabilities of both
9
parties with respect to the interchange of the inter-
10
11
term
‘intermodal
equipment
modal equipment.
‘‘(3) INTERMODAL
EQUIPMENT
PROVIDER.—
12
The term ‘intermodal equipment provider’ means
13
any person that interchanges intermodal equipment
14
with a motor carrier pursuant to a written inter-
15
change agreement or has a contractual responsibility
16
for the maintenance of the intermodal equipment.
*072805.296*
17
‘‘(4) INTERCHANGE.—The term ‘interchange’—
18
‘‘(A) means the act of providing intermodal
19
equipment to a motor carrier pursuant to an
20
intermodal equipment interchange agreement
21
for the purpose of transporting the equipment
22
for loading or unloading by any person or repo-
23
sitioning the equipment for the benefit of the
24
equipment provider; but
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1
‘‘(B) does not include the leasing of equip-
2
ment to a motor carrier for primary use in the
3
motor carrier’s freight hauling operations.’’.
4
(b) CLERICAL AMENDMENT.—The analysis for such
5 subchapter (as amended by sections 4116 and 4117 of this
6 Act) is amended by adding at the end the following:
‘‘31151. Roadability.’’.
7
SEC. 4119. INTERNATIONAL COOPERATION.
8
(a) IN GENERAL.—Chapter 311 of title 49, United
9 States Code, is amended by adding at the end the fol10 lowing:
11
‘‘SUBCHAPTER IV—MISCELLANEOUS
12 ‘‘§ 31161. International cooperation
13
‘‘The Secretary of Transportation is authorized to
14 use funds made available by section 31104(i) to partici15 pate and cooperate in international activities to enhance
16 motor carrier, commercial motor vehicle, driver, and high17 way safety by such means as exchanging information, con18 ducting research, and examining needs, best practices, and
19 new technology.’’.
20
(b) CLERICAL AMENDMENT.—The analysis for such
*072805.296*
21 chapter is amended by adding at the end the following:
‘‘SUBCHAPTER IV—MISCELLANEOUS
‘‘31161. International cooperation.’’.
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1
SEC.
4120.
FINANCIAL
2
3
4
RESPONSIBILITY
FOR
PRIVATE
MOTOR CARRIERS.
(a) TRANSPORTATION OF PASSENGERS.—
(1)
GENERAL
REQUIREMENT.—Section
5
31138(a) of title 49, United States Code, is
6
amended—
7
(A) by striking ‘‘for compensation’’; and
8
(B) by inserting ‘‘commercial’’ before
9
10
‘‘motor vehicle’’.
(2) OTHER
PERSONS.—Section
31138(c) of
11
such title is amended by adding at the end the fol-
12
lowing:
13
‘‘(4) OTHER
PERSONS.—The
Secretary may re-
*072805.296*
14
quire a person, other than a motor carrier (as de-
15
fined in section 13102), transporting passengers by
16
commercial motor vehicle to file with the Secretary
17
the evidence of financial responsibility specified in
18
subsection (c)(1) in an amount not less than the
19
greater of the amount required by subsection (b)(1)
20
or the amount required for such person to transport
21
passengers under the laws of the State or States in
22
which the person is operating; except that the
23
amount of the financial responsibility must be suffi-
24
cient to pay not more than the amount of the finan-
25
cial responsibility for each final judgment against
26
the person for bodily injury to, or death of, an indi-
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1
vidual resulting from the negligent operation, main-
2
tenance, or use of the commercial motor vehicle, or
3
for loss or damage to property, or both.’’.
4
(b)
TRANSPORTATION
PROPERTY.—Section
OF
5 31139 of such title is amended—
6
(1) in subsection (b)(1)—
7
(A) by striking ‘‘for compensation’’; and
8
(B) by inserting ‘‘commercial’’ before
9
‘‘motor vehicle’’;
10
(2) by redesignating subsections (c) through (g)
11
as subsections (d) through (h), respectively; and
12
(3) by inserting after subsection (b) the fol-
13
lowing:
14
‘‘(c) FILING
15
BILITY.—The
OF
EVIDENCE
OF
FINANCIAL RESPONSI-
Secretary may require a motor private car-
16 rier (as defined in section 13102) to file with the Secretary
17 the evidence of financial responsibility specified in sub18 section (b) in an amount not less than the greater of the
19 minimum amount required by this section or the amount
20 required for such motor private carrier to transport prop-
*072805.296*
21 erty under the laws of the State or States in which the
22 motor private carrier is operating; except that the amount
23 of the financial responsibility must be sufficient to pay not
24 more than the amount of the financial responsibility for
25 each final judgment against the motor private carrier for
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1 bodily injury to, or death of, an individual resulting from
2 negligent operation, maintenance, or use of the commer3 cial motor vehicle, or for loss or damage to property, or
4 both.’’.
5
SEC. 4121. DEPOSIT OF CERTAIN CIVIL PENALTIES INTO
6
HIGHWAY TRUST FUND.
7
Sections 31138(d)(5) and 31139(f)(5) of title 49,
8 United States Code, are each amended by striking ‘‘Treas9 ury as miscellaneous receipts’’ and inserting ‘‘Highway
10 Trust Fund (other than the Mass Transit Account)’’.
11
SEC. 4122. CDL LEARNER’S PERMIT PROGRAM .
12
Chapter 313 of title 49, United States Code, is
13 amended—
14
(1) in section 31302 by inserting ‘‘and may
15
have only 1 learner’s permit at any time’’ after
16
‘‘time’’;
17
(2) in section 31308—
18
19
(A) by inserting after ‘‘license’’ the first
place it appears ‘‘and learner’s permits’’ ;
20
*072805.296*
21
(B) by striking ‘‘licenses.’’ and inserting
‘‘licenses and permits.’’;
22
(C) by redesignating paragraphs (2) and
23
(3) as paragraphs (3) and (4), respectively; and
24
(D) by inserting after paragraph (1) the
25
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following:
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1
‘‘(2) before a commercial driver’s license learn-
2
er’s permit may be issued to an individual, the indi-
3
vidual must pass a written test, that complies with
4
the minimum standards prescribed by the Secretary
5
under section 31305(a), on the operation of the com-
6
mercial motor vehicle that the individual will be op-
7
erating under the permit;’’; and
8
(E) in paragraphs (3) and (4) of section
9
31308 (as so redesignated) and in section
10
31309 (b) by inserting after ‘‘license’’ each
11
place it appears ‘‘or learner’s permit’’.
12
SEC. 4123. COMMERCIAL DRIVER’S LICENSE INFORMATION
13
14
SYSTEM MODERNIZATION.
(a) MODERNIZATION PLAN.—Section 31309 of title
15 49, United States Code, is amended by adding at the end
16 the following:
17
18
‘‘(e) MODERNIZATION PLAN.—
‘‘(1) IN
GENERAL.—Not
later than 120 days
*072805.296*
19
after the date of enactment of this subsection, the
20
Secretary shall develop and publish a comprehensive
21
national plan to modernize the information system
22
under this section that—
23
24
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‘‘(A) complies with applicable Federal information technology security standards;
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1
‘‘(B) provides for the electronic exchange
2
of all information including the posting of con-
3
victions;
4
‘‘(C) contains self auditing features to en-
5
sure that data is being posted correctly and
6
consistently by the States;
7
8
‘‘(D) integrates the commercial driver’s license and the medical certificate; and
9
‘‘(E) provides a schedule for modernization
10
of the system.
11
‘‘(2) CONSULTATION.—The plan shall be devel-
12
oped in consultation with representatives of the
13
motor carrier industry, State safety enforcement
14
agencies, and State licensing agencies designated by
15
the Secretary.
16
‘‘(3) STATE
FUNDING OF FUTURE EFFORTS.—
17
The plan shall specify that States will fund future
18
efforts to modernize the commercial driver’s infor-
19
mation system.
20
‘‘(4) DEADLINE
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21
‘‘(A) IN
FOR STATE PARTICIPATION.—
GENERAL.—The
Secretary shall
22
establish in the plan a date by which all States
23
must be operating commercial driver’s license
24
information systems that are compatible with
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1
the modernized information system under this
2
section.
3
‘‘(B) FACTORS
TO CONSIDER.—In
estab-
4
lishing the date under subparagraph (A), the
5
Secretary shall consider the following:
6
‘‘(i) Availability and cost of technology
7
and equipment needed to comply with sub-
8
paragraph (A).
9
‘‘(ii) Time necesary to install, and test
10
the operation of, such technology and
11
equipment.
12
‘‘(5) IMPLEMENTATION.—The Secretary shall
13
implement the plan developed under subsection (a)
14
and modernize the information system under this
15
section to meet the requirements of the plan.
16
‘‘(f) FUNDING.—At the Secretary’s discretion, a
17 State may use the funds made available to the State under
18 section 31318 to modernize its commercial driver’s license
19 information system to be compatible with the modernized
20 information system under this section.’’.
*072805.296*
21
(b) STATE PARTICIPATIONS.—Section 31311(a) of
22 such title is amended—
23
24
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(1) in paragraph (15) by striking ‘‘(g)(1)(A),
and (g)(2)’’ and inserting ‘‘(i)(1)(A) and (i)(2)’’;
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1
2
(2) in paragraph (17) by striking ‘‘section
31310(h)’’ and inserting ‘‘as 31310(j)’’; and
3
(3) by adding at the end the following:
4
‘‘(21) By the date established by the Secretary
5
under section 31309(e)(4), the State shall be oper-
6
ating a commercial driver’s license information sys-
7
tem that is compatible with the modernized commer-
8
cial driver’s license information system under section
9
31309.’’.
10
11
(c) GRANTS.—
(1) IN
GENERAL.—The
Secretary may make a
12
grant to a State or organization representing agen-
13
cies and officials of a State in a fiscal year to mod-
14
ernize the commercial driver’s license information
15
system of the State to be compatible with the mod-
16
ernized commercial driver’s license information sys-
17
tem under section 31309 of title 49, United States
18
Code, if the State is in substantial compliance with
19
the requirements of section 31311 of such title and
20
this section, as determined by the Secretary.
*072805.296*
21
(2) CRITERIA.—The Secretary shall establish
22
criteria for the distribution of grants and notify each
23
State annually of such criteria.
24
25
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(3) USE
OF GRANT.—A
State may use a grant
under this subsection only to implement improve-
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1
ments that are consistent with the modernization
2
plan developed by the Secretary.
3
(4) GOVERNMENT
SHARE.—A
grant under this
4
subsection to a State or organization may not be for
5
more than 80 percent of the costs incurred by the
6
State or organization in a fiscal year in modernizing
7
the commercial driver’s license information system of
8
the State to be compatible with the modernized com-
9
mercial driver’s license information system under
10
section 31309 of title 49, United States Code. In de-
11
termining these costs, the Secretary shall include in-
12
kind contributions of the State.
13
(d) FUNDING.—There are authorized to be appro-
14 priated from the Highway Trust Fund (other than the
15 Mass Transit Account) to carry out this section—
16
(1) $5,000,000 for fiscal year 2006;
17
(2) $7,000,000 for fiscal year 2007;
18
(3) $8,000,000 for fiscal year 2008; and
19
(4) $8,000,000 for fiscal year 2009.
20
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21
(e) CONTRACT AUTHORITY AND AVAILABILITY.—
(1) PERIOD
OF AVAILABILITY.—The
amounts
22
made available under subsection (d) shall remain
23
available until expended.
24
25
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(2) INITIAL
DATE OF AVAILABILITY.—Amounts
authorized to be appropriated from the Highway
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1
Trust Fund (other than the Mass Transit Account)
2
by subsection (d) shall be available for obligation on
3
the date of their apportionment or allocation or on
4
October 1 of the fiscal year for which they are au-
5
thorized, whichever occurs first.
6
(3) CONTRACT
AUTHORITY.—Approval
by the
7
Secretary of a grant with funds made available
8
under subsection (d) imposes upon the United
9
States a contractual obligation for payment of the
10
Government’s share of costs incurred in carrying out
11
the objectives of the grant.
12
(f) BASELINE AUDIT.—Not later than 1 year after
13 the date of enactment of this Act, the Secretary, in con14 sultation with the Inspector General of the Department
15 of Transportation, shall perform a baseline audit of the
16 information system maintained under section 31309 of
17 title 49, United States Code. The audit shall include—
18
19
20
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21
(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;
22
(3) recommendations to the Secretary on how
23
to update the baseline audit annually to ensure that
24
any shortcomings in the information system are ad-
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1
dressed, and a methodology for conducting the up-
2
date;
3
(4) identification, on a State-by-State basis, of
4
any actions that the Inspector General finds nec-
5
essary to improve the integrity of data collected by
6
the system and to ensure the proper posting of con-
7
victions; and
8
(5) an analysis of amounts and use of the reve-
9
nues derived from fees charged for use of the com-
10
11
mercial driver’s license information system.
SEC. 4124. COMMERCIAL DRIVER’S LICENSE IMPROVE-
12
13
MENTS.
(a) STATE GRANTS.—Chapter 313 of title 49, United
14 States Code, is amended by inserting after section 31312
15 the following:
16 ‘‘§ 31313. Grants for commercial driver’s license pro17
18
gram improvements
‘‘(a) GRANTS
FOR
COMMERCIAL DRIVER’S LICENSE
19 PROGRAM IMPROVEMENTS.—
20
‘‘(1) GENERAL
AUTHORITY.—The
Secretary of
*072805.296*
21
Transportation may make a grant to a State in a
22
fiscal year—
23
24
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‘‘(A) to comply with the requirements of
section 31311; and
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1
‘‘(B) in the case of a State that is making
2
a good faith effort toward substantial compli-
3
ance with the requirements of section 31311
4
and this section, to improve its implementation
5
of its commercial driver’s license program.
6
‘‘(2) PURPOSES
7
FOR WHICH GRANTS MAY BE
USED.—
8
‘‘(A) IN
GENERAL.—A
State may use
9
grants under paragraphs (1)(A) and (1)(B)
10
only for expenses directly related to its compli-
11
ance with section 31311; except that a grant
12
under paragraph (1)(B) may be used for im-
13
proving implementation of the State’s commer-
14
cial driver’s license program, including expenses
15
for computer hardware and software, publica-
16
tions, testing, personnel, training, and quality
17
control. The grant may not be used to rent,
18
lease, or buy land or buildings.
*072805.296*
19
‘‘(B) PRIORITY.—In making grants under
20
paragraph (1)(B), the Secretary shall give pri-
21
ority to States that will use such grants to
22
achieve compliance with the requirements of the
23
Motor Carrier Safety Improvement Act of 1999,
24
including the amendments made by such Act.
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1
‘‘(3) APPLICATION.—In order to receive a grant
2
under this section, a State shall submit an applica-
3
tion for such grant that is in such form, and con-
4
tains such information, as the Secretary may re-
5
quire. The application shall include the State’s as-
6
sessment of its commercial drivers license program.
7
‘‘(4) MAINTENANCE
OF EXPENDITURES.—The
8
Secretary may make a grant to a State under this
9
subsection only if the State agrees that the total ex-
10
penditure of amounts of the State and political sub-
11
divisions of the State, exclusive of amounts from the
12
United States, for the State’s commercial driver’s li-
13
cense program will be maintained at a level at least
14
equal to the average level of that expenditure by the
15
State and political subdivisions of the State for the
16
last 2 fiscal years of the State ending before the
17
date of enactment of the this section.
18
‘‘(5) GOVERNMENT
SHARE.—The
Secretary
*072805.296*
19
shall reimburse a State under a grant made under
20
this subsection an amount that is not more than 100
21
percent of the costs incurred by the State in a fiscal
22
year in complying with section 31311 and improving
23
its implementation of its commercial driver’s license
24
program. In determining such costs, the Secretary
25
shall include in-kind contributions by the State.
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1
Amounts required to be expended by the State under
2
paragraph (4) may not be included as part of the
3
non-Federal share of such costs.
4
‘‘(b) HIGH-PRIORITY ACTIVITIES.—
5
‘‘(1) GRANTS
FOR NATIONAL CONCERNS.—The
6
Secretary may make a grant to a State agency, local
7
government, or other person for 100 percent of the
8
costs
9
projects, public education, and other special activi-
10
ties and projects relating to commercial driver li-
11
censing and motor vehicle safety that are of benefit
12
to all jurisdictions of the United States or are de-
13
signed to address national safety concerns and cir-
14
cumstances.
of
research,
development,
demonstration
15
‘‘(2) FUNDING.—The Secretary may deduct up
16
to 10 percent of the amounts made available to
17
carry out this section for a fiscal year to make
18
grants under this subsection.
19
‘‘(c) EMERGING ISSUES.—The Secretary may des-
20 ignate up to 10 percent of the amounts made available
*072805.296*
21 to carry out this section for a fiscal year for allocation
22 to a State agency, local government, or other person at
23 the discretion of the Secretary to address emerging issues
24 relating to commercial driver’s license improvements.
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1
‘‘(d) APPORTIONMENT.—Except as otherwise pro-
2 vided in subsection (c), all amounts made available to
3 carry out this section for a fiscal year shall be apportioned
4 to States according to criteria prescribed by the Sec5 retary.’’.
6
(b) CLERICAL AMENDMENT.—The analysis for such
7 chapter is amended by inserting after the item relating
8 to section 31312 the following:
‘‘31313. Grants for commercial driver’s license program improvements.’’.
9
(c) AMOUNTS WITHHELD.—Subsections (a) and (b)
10 of section 31314 of such title are each amended by insert11 ing ‘‘up to’’ after ‘‘withhold’’.
12
SEC. 4125. HOBBS ACT.
13
(a) JURISDICTION
OF
COURT
OF
APPEALS OVER
14 COMMERCIAL MOTOR VEHICLE SAFETY REGULATION
15
AND
OPERATORS AND MOTOR CARRIER SAFETY.—Section
16 2342(3)(A) of title 28, United States Code, is amended
17 by inserting before ‘‘of title 49’’ the following: ‘‘, sub18 chapter III of chapter 311, chapter 313, or chapter 315’’.
19
(b) JUDICIAL REVIEW.—Section 351(a) of title 49,
20 United States Code, is amended by striking ‘‘Federal
*072805.296*
21 Highway Administration’’ and inserting ‘‘Federal Motor
22 Carrier Safety Administration’’.
23
24
(c) AUTHORITY
FERRED
DUTIES
AND
TO
CARRY OUT CERTAIN TRANS-
POWERS.—Section 352 of title 49,
25 United States Code, is amended by striking ‘‘Federal
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66
1 Highway Administration’’ and inserting ‘‘Federal Motor
2 Carrier Safety Administration’’.
3
SEC. 4126. COMMERCIAL VEHICLE INFORMATION SYSTEMS
4
5
AND NETWORKS DEPLOYMENT.
(a) IN GENERAL.—The Secretary shall carry out a
6 commercial vehicle information systems and networks pro7 gram to—
8
9
(1) improve the safety and productivity of commercial vehicles and drivers; and
10
(2) reduce costs associated with commercial ve-
11
hicle operations and Federal and State commercial
12
vehicle regulatory requirements.
13
(b) PURPOSE.—The program shall advance the tech-
14 nological capability and promote the deployment of intel15 ligent transportation system applications for commercial
16 vehicle operations, including commercial vehicle, commer17 cial driver, and carrier-specific information systems and
18 networks.
19
20
(c) CORE DEPLOYMENT GRANTS.—
(1) IN
GENERAL.—The
Secretary shall make
*072805.296*
21
grants to eligible States for the core deployment of
22
commercial vehicle information systems and net-
23
works.
24
25
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(2) AMOUNT
OF GRANTS.—The
maximum ag-
gregate amount the Secretary may grant to a State
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67
1
for the core deployment of commercial vehicle infor-
2
mation systems and networks under this subsection
3
and sections 5001(a)(5) and 5001(a)(6) of the
4
Transportation Equity Act for the 21st Century
5
(112 Stat. 420) may not exceed $2,500,000.
6
(3) USE
OF
FUNDS.—Funds
from a grant
7
under this subsection may only be used for the core
8
deployment of commercial vehicle information sys-
9
tems and networks. An eligible State that has either
10
completed the core deployment of commercial vehicle
11
information systems and networks or completed such
12
deployment before grant funds are expended under
13
this subsection may use the grant funds for the ex-
14
panded deployment of commercial vehicle informa-
15
tion systems and networks in the State.
16
(d) EXPANDED DEPLOYMENT GRANTS.—
17
(1) IN
GENERAL.—For
each fiscal year, from
*072805.296*
18
the funds remaining after the Secretary has made
19
grants under subsection (c), the Secretary may make
20
grants to each eligible State, upon request, for the
21
expanded deployment of commercial vehicle informa-
22
tion systems and networks.
23
(2) ELIGIBILITY.—Each State that has com-
24
pleted the core deployment of commercial vehicle in-
25
formation systems and networks in such State is eli-
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1
gible for an expanded deployment grant under this
2
subsection.
3
(3) AMOUNT
OF GRANTS.—Each
fiscal year, the
4
Secretary may distribute funds available for ex-
5
panded deployment grants equally among the eligible
6
States, but not to exceed $1,000,000 per State.
7
(4) USE
OF FUNDS.—A
State may use funds
8
from a grant under this subsection only for the ex-
9
panded deployment of commercial vehicle informa-
10
tion systems and networks.
11
(e) ELIGIBILITY.—To be eligible for a grant under
12 this section, a State—
13
(1) shall have a commercial vehicle information
14
systems and networks program plan approved by the
15
Secretary that describes the various systems and
16
networks at the State level that need to be refined,
17
revised, upgraded, or built to accomplish deployment
18
of core capabilities;
*072805.296*
19
(2) shall certify to the Secretary that its com-
20
mercial vehicle information systems and networks
21
deployment activities, including hardware procure-
22
ment, software and system development, and infra-
23
structure modifications—
24
(A) are consistent with the national intel-
25
ligent transportation systems and commercial
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1
vehicle information systems and networks archi-
2
tectures and available standards; and
3
(B) promote interoperability and efficiency
4
to the extent practicable; and
5
(3) shall agree to execute interoperability tests
6
developed by the Federal Motor Carrier Safety Ad-
7
ministration to verify that its systems conform with
8
the national intelligent transportation systems archi-
9
tecture, applicable standards, and protocols for com-
10
mercial vehicle information systems and networks.
11
(f) FEDERAL SHARE.—The Federal share of the cost
12 of a project payable from funds made available to carry
13 out this section shall not exceed 50 percent. The total Fed14 eral share of the cost of a project payable from all eligible
15 Federal sources shall not exceed 80 percent.
16
(g) DEFINITIONS.—In this section, the following defi-
17 nitions apply:
18
(1) COMMERCIAL
VEHICLE INFORMATION SYS-
*072805.296*
19
TEMS AND NETWORKS.—The
20
hicle information systems and networks’’ means the
21
information systems and communications networks
22
that provide the capability to—
23
24
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July 28, 2005 (6:15 PM)
term ‘‘commercial ve-
(A) improve the safety of commercial
motor vehicle operations;
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1
(B) increase the efficiency of regulatory in-
2
spection processes to reduce administrative bur-
3
dens by advancing technology to facilitate in-
4
spections and increase the effectiveness of en-
5
forcement efforts;
6
(C) advance electronic processing of reg-
7
istration information, driver licensing informa-
8
tion, fuel tax information, inspection and crash
9
data, and other safety information;
10
(D) enhance the safe passage of commer-
11
cial motor vehicles across the United States and
12
across international borders; and
13
(E) promote the communication of infor-
14
mation among the States and encourage
15
multistate cooperation and corridor develop-
16
ment.
17
(2)
COMMERCIAL
18
ATIONS.—The
19
operations’’—
MOTOR
VEHICLE
OPER-
term ‘‘commercial motor vehicle
*072805.296*
20
(A) means motor carrier operations and
21
motor vehicle regulatory activities associated
22
with the commercial motor vehicle movement of
23
goods, including hazardous materials, and pas-
24
sengers; and
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1
(B) with respect to the public sector, in-
2
cludes the issuance of operating credentials, the
3
administration of motor vehicle and fuel taxes,
4
and roadside safety and border crossing inspec-
5
tion and regulatory compliance operations.
6
(3) CORE
DEPLOYMENT.—The
term ‘‘core de-
7
ployment’’ means the deployment of systems in a
8
State necessary to provide the State with the fol-
9
lowing capabilities:
10
(A) Safety information exchange to—
11
(i) electronically collect and transmit
12
commercial motor vehicle and driver in-
13
spection data at a majority of inspection
14
sites in the State;
15
(ii) connect to the safety and fitness
16
electronic records system for access to
17
interstate carrier and commercial motor
18
vehicle data, summaries of past safety per-
19
formance, and commercial motor vehicle
20
credentials information; and
*072805.296*
21
(iii) exchange carrier data and com-
22
mercial motor vehicle safety and creden-
23
tials information within the State and con-
24
nect to such system for access to interstate
25
carrier and commercial motor vehicle data.
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1
2
(B) Interstate credentials administration
to—
3
(i) perform end-to-end processing, in-
4
cluding carrier application, jurisdiction ap-
5
plication
6
issuance, of at least the international reg-
7
istration plan and international fuel tax
8
agreement credentials and extend this
9
processing to other credentials, including
10
intrastate registration, vehicle titling, over-
11
size vehicle permits, overweight vehicle per-
12
mits, carrier registration, and hazardous
13
materials permits;
14
processing,
and
credential
(ii) connect to such plan and agree-
15
ment clearinghouses; and
*072805.296*
16
(iii) have at least 10 percent of the
17
credentialing transaction volume in the
18
State handled electronically and have the
19
capability to add more carriers and to ex-
20
tend to branch offices where applicable.
21
(C) Roadside electronic screening to elec-
22
tronically screen transponder-equipped commer-
23
cial vehicles at a minimum of one fixed or mo-
24
bile inspection site in the State and to replicate
25
this screening at other sites in the State.
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1
(4) EXPANDED
DEPLOYMENT.—The
term ‘‘ex-
2
panded deployment’’ means the deployment of sys-
3
tems in a State that exceed the requirements of a
4
core deployment of commercial vehicle information
5
systems and networks, improve safety and the pro-
6
ductivity of commercial motor vehicle operations,
7
and enhance transportation security.
8
SEC. 4127. OUTREACH AND EDUCATION.
9
(a) IN GENERAL.—The Secretary shall conduct,
10 through any combination of grants, contracts, or coopera11 tive agreements, an outreach and education program to
12 be administered by the Federal Motor Carrier Safety Ad13 ministration and the National Highway Traffic Safety Ad14 ministration.
15
(b) PROGRAM ELEMENTS.—The program shall in-
16 clude, at a minimum, the following:
*072805.296*
17
(1) A program to promote a more comprehen-
18
sive and national effort to educate commercial motor
19
vehicle drivers and passenger vehicle drivers about
20
how commercial motor vehicle drivers and passenger
21
vehicle drivers can more safely share the road with
22
each other.
23
(2) A program to promote enhanced traffic en-
24
forcement efforts aimed at reducing the incidence of
25
the most common unsafe driving behaviors that
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1
cause or contribute to crashes involving commercial
2
motor vehicles and passenger vehicles.
3
(3) A program to establish a public-private
4
partnership to provide resources and expertise for
5
the development and dissemination of information
6
relating to sharing the road referred to in para-
7
graphs (1) and (2) to each partner’s constituents
8
and to the general public through the use of bro-
9
chures, videos, paid and public advertisements, the
10
Internet, and other media.
11
(c) FEDERAL SHARE.—The Federal share of a pro-
12 gram or activity for which a grant is made under this sec13 tion shall be 100 percent of the cost of such program or
14 activity.
15
(d) ANNUAL REPORT.—The Secretary shall prepare
16 and transmit to Congress an annual report on the pro17 grams and activities carried out under this section. The
18 final annual report shall be submitted not later than Sep19 tember 30, 2009.
20
(e) FUNDING.—From amounts made available under
*072805.296*
21 section 31104(i) of title 49, United States Code, the Sec22 retary shall make available $1,000,000 to the Federal
23 Motor Carrier Safety Administration, and $3,000,000 to
24 the National Highway Traffic Safety Administration, for
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1 each of fiscal years 2006, 2007, 2008, and 2009 to carry
2 out this section (other than subsection (f)).
3
(f) STUDY.—The Comptroller General shall update
4 the Government Accountability Office’s evaluation of the
5 ‘‘Share the Road Safely’’ program to determine if it has
6 achieved reductions in the number and severity of com7 mercial motor vehicle crashes, including reductions in the
8 number of deaths and the severity of injuries sustained
9 in these crashes and shall report its updated evaluation
10 to Congress no later than June 30, 2006.
11
SEC. 4128. SAFETY DATA IMPROVEMENT PROGRAM.
12
(a) IN GENERAL.—The Secretary shall make grants
13 to States for projects and activities to improve the accu14 racy, timeliness, and completeness of commercial motor
15 vehicle safety data reported to the Secretary.
16
(b) ELIGIBILITY.—A State shall be eligible for a
17 grant under this section in a fiscal year if the Secretary
18 determines that the State has—
*072805.296*
19
(1) conducted a comprehensive audit of its com-
20
mercial motor vehicle safety data system within the
21
preceding 2 years;
22
(2) developed a plan that identifies and
23
prioritizes its commercial motor vehicle safety data
24
needs and goals; and
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1
(3) identified performance-based measures to
2
determine progress toward those goals.
3
(c) FEDERAL SHARE.—The Federal share of a grant
4 under this section shall be 80 percent of the cost of the
5 activities for which the grant is made.
6
(d) BIENNIAL REPORT.—Not later 2 years after the
7 date of enactment of this Act, and biennially thereafter,
8 the Secretary shall transmit to Congress a report on the
9 activities and results of the program carried out under this
10 section, together with any recommendations the Secretary
11 determines appropriate.
12
SEC. 4129. OPERATION OF COMMERCIAL MOTOR VEHICLES
13
BY
14
TREAT DIABETES MELLITUS.
15
INDIVIDUALS
(a) REVISION
OF
WHO
USE
INSULIN
TO
FINAL RULE.—Not later than 90
16 days after the date of the enactment of this Act, the Sec17 retary shall begin revising the final rule published in the
18 Federal Register on September 3, 2003, relating to per19 sons with diabetes, to allow individuals who use insulin
20 to treat their diabetes to operate commercial motor vehi-
*072805.296*
21 cles in interstate commerce. The revised final rule shall
22 provide for the individual assessment of applicants who
23 use insulin to treat their diabetes and who are, except for
24 their use of insulin, otherwise qualified under the Federal
25 motor carrier safety regulations. The revised final rule
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1 shall be consistent with the criteria described in section
2 4018 of the Transportation Equity Act for the 21st Cen3 tury (49 U.S.C. 31305 note) and shall conclude the rule4 making process in the Federal Motor Carrier Safety Ad5 ministration docket relating to qualifications of drivers
6 with diabetes.
7
(b) NO PERIOD
OF
COMMERCIAL DRIVING WHILE
8 USING INSULIN REQUIRED
FOR
QUALIFICATION.—After
9 the earlier of the date of issuance of the revised final rule
10 under subsection (a) or the 90th day following the date
11 of enactment of this Act, the Secretary may not require
12 individuals with insulin-treated diabetes mellitus who are
13 applying for an exemption from the physical qualification
14 standards to have experience operating commercial motor
15 vehicles while using insulin in order to be exempted from
16 the physical qualification standards to operate a commer17 cial motor vehicle in interstate commerce.
18
(c) MINIMUM PERIOD
OF
INSULIN USE.—Subject to
19 subsection (b), the Secretary shall require individuals with
20 insulin-treated diabetes mellitus to have a minimum period
*072805.296*
21 of insulin use to demonstrate stable control of diabetes
22 before operating a commercial motor vehicle in interstate
23 commerce. Such demonstration shall be consistent with
24 the findings reported in July 2000, by the expert medical
25 panel established by the Secretary, in ‘‘A Report to Con-
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1 gress on the Feasibility of a Program to Qualify Individ2 uals with Insulin-Treated Diabetes Mellitus to Operate
3 Commercial Motor Vehicles in Interstate Commerce as Di4 rected by the Transportation Equity Act for the 21st Cen5 tury’’. For individuals who have been newly diagnosed
6 with type 1 diabetes, the minimum period of insulin use
7 may not exceed 2 months, unless directed by the treating
8 physician. For individuals who have type 2 diabetes and
9 are converting to insulin use, the minimum period of insu10 lin use may not exceed 1 month, unless directed by the
11 treating physician.
12
(d) LIMITATIONS.—Insulin-treated individuals may
13 not be held by the Secretary to a higher standard of phys14 ical qualification in order to operate a commercial motor
15 vehicle in interstate commerce than other individuals ap16 plying to operate, or operating, a commercial motor vehicle
17 in interstate commerce; except to the extent that limited
18 operating, monitoring, and medical requirements are
19 deemed medically necessary under regulations issued by
20 the Secretary.
*072805.296*
21
SEC. 4130. OPERATORS OF VEHICLES TRANSPORTING AGRI-
22
CULTURAL COMMODITIES AND FARM SUP-
23
PLIES.
24
(a) AGRICULTURAL EXEMPTION.—Section 229(a)(1)
25 of the Federal Motor Carrier Safety Improvement Act of
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1 1999 (as added by section 4115 of this Act), is amended
2 to read as follows:
3
‘‘(1) TRANSPORTATION
OF AGRICULTURAL COM-
4
MODITIES AND FARM SUPPLIES.—Regulations
5
scribed by the Secretary under sections 31136 and
6
31502 regarding maximum driving and on-duty time
7
for drivers used by motor carriers shall not apply
8
during planting and harvest periods, as determined
9
by each State, to drivers transporting agricultural
10
commodities or farm supplies for agricultural pur-
11
poses in a State if such transportation is limited to
12
an area within a 100 air mile radius from the source
13
of the commodities or the distribution point for the
14
farm supplies.’’.
15
(b) REVIEW
BY THE
pre-
SECRETARY.—Section 229(c) of
16 such Act is amended by striking ‘‘paragraph (2)’’ and in17 serting ‘‘paragraph (1), (2), or (4)’’.
18
(c) DEFINITIONS.—Section 229(e) of such Act is
19 amended by adding at the end the following:
20
‘‘(7) AGRICULTURAL
COMMODITY.—The
term
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21
‘agricultural commodity’ means any agricultural
22
commodity, non-processed food, feed, fiber, or live-
23
stock (including livestock as defined in section 602
24
of the Emergency Livestock Feed Assistance Act of
25
1988 (7 U.S.C. 1471) and insects).
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1
‘‘(8) FARM
SUPPLIES FOR AGRICULTURAL PUR-
2
POSES.—The
3
purposes’ means products directly related to the
4
growing or harvesting of agricultural commodities
5
during the planting and harvesting seasons within
6
each State, as determined by the State, and livestock
7
feed at any time of the year.’’.
8
term ‘farm supplies for agricultural
SEC. 4131. MAXIMUM HOURS OF SERVICE FOR OPERATORS
9
OF GROUND WATER WELL DRILLING RIGS.
10
Section 229(a)(2) of the Motor Carrier Safety Im-
11 provement Act of 1999 (as added by section 4115 of this
12 Act), is amended by adding at the end the following: ‘‘Ex13 cept as required in section 395.3 of title 49, Code of Fed14 eral Regulations, as in effect on the date of enactment
15 of this sentence, no additional off-duty time shall be re16 quired in order to operate such vehicle.’’.
17
SEC. 4132. HOURS OF SERVICE FOR OPERATORS OF UTIL-
18
19
ITY SERVICE VEHICLES.
Section 229 of the Federal Motor Carrier Safety Im-
20 provements Act of 1999 (as added by section 4115 of this
*072805.296*
21 Act), is amended—
22
(1) in subsection (a) by striking paragraph (4)
23
and inserting the following:
24
‘‘(4) OPERATORS
25
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CLES.—
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OF UTILITY SERVICE VEHI-
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1
‘‘(A) INAPPLICABILITY
OF FEDERAL REGU-
2
LATIONS.—Such
3
a driver of a utility service vehicle.
4
regulations shall not apply to
‘‘(B) PROHIBITION
ON
STATE
REGULA-
5
TIONS.—A
6
State, an interstate agency, or other entity con-
7
sisting of 2 or more States, shall not enact or
8
enforce any law, rule, regulation, or standard
9
that imposes requirements on a driver of a util-
10
ity service vehicle that are similar to the re-
11
quirements contained in such regulations.’’; and
12
(2) in subsection (b) by striking ‘‘Nothing’’ and
13
inserting ‘‘Except as provided in subsection (a)(4),
14
nothing’’.
15
State, a political subdivision of a
SEC. 4133. HOURS OF SERVICE RULES FOR OPERATORS
16
PROVIDING
17
PRODUCTION SITES .
18
TRANSPORTATION
TO
MOVIE
Notwithstanding sections 31136 and 31502 of title
19 49, United States Code, and any other provision of law,
20 the maximum daily hours of service for an operator of a
*072805.296*
21 commercial motor vehicle providing transportation of
22 property or passengers to or from a theatrical or television
23 motion picture production site located within a 100 air
24 mile radius of the work reporting location of such operator
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82
1 shall be those in effect under the regulations in effect
2 under such sections on April 27, 2003.
3
SEC. 4134. GRANT PROGRAM FOR COMMERCIAL MOTOR VE-
4
HICLE OPERATORS.
5
(a) ESTABLISHMENT.—The Secretary shall establish
6 a grant program for persons to train operators of commer7 cial motor vehicles (as defined in section 31301 of title
8 49, United States Code). The purpose of the program
9 shall be to train operators and future operators in the safe
10 use of such vehicles.
11
(b) FEDERAL SHARE.—The Federal share of the cost
12 for which a grant is made under this section shall be 80
13 percent.
14
(c) FUNDING.—From amounts made available under
15 section 31104(i) of title 49, United States Code, the Sec16 retary shall make available $1,000,000 for each of fiscal
17 years 2005 through 2009 to carry out this section.
18
SEC. 4135. CDL TASK FORCE.
19
(a) IN GENERAL.—The Secretary shall convene a
20 task force to study and address current impediments and
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21 foreseeable challenges to the commercial driver’s license
22 program’s effectiveness and measures needed to realize the
23 full safety potential of the commercial driver’s license pro24 gram, including such issues as—
25
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(1) State enforcement practices;
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83
1
2
3
4
5
6
(2) operational procedures to detect and deter
fraud;
(3) needed improvements for seamless information sharing between States;
(4) effective methods for accurately sharing
electronic data between States;
7
(5) adequate proof of citizenship;
8
(6) updated technology; and
9
(7) timely notification from judicial bodies con-
10
cerning traffic and criminal convictions of commer-
11
cial drivers license holders.
12
(b) MEMBERSHIP.—Members of the task force should
13 include State motor vehicle administrators, organizations
14 representing government agencies or officials, members of
15 the Judicial Conference, representatives of the trucking
16 industry, representatives of labor organizations, safety ad17 vocates, and other significant stakeholders.
18
(c) REPORT.—Not later than 2 years after the date
19 of enactment of this Act, the Secretary, on behalf of the
20 task force, shall complete a report of the task forces find-
*072805.296*
21 ings and recommendations for legislative, regulatory, and
22 enforcement changes to improve the commercial drivers li23 cense program and submit such the report to the Com24 mittee on Commerce, Science, and Transportation of the
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1 Senate and the Committee on Transportation and Infra2 structure of the House of Representatives.
3
(d) FUNDING.—From the funds amounts made avail-
4 able by section 4101(c)(1), $200,000 shall be available for
5 each of fiscal years 2006 and 2007 to carry out this sec6 tion.
7
SEC. 4136. INTERSTATE VAN OPERATIONS.
8
The Federal motor carrier safety regulations that
9 apply to interstate operations of commercial motor vehi10 cles designed to transport between 9 and 15 passengers
11 (including the driver) shall apply to all interstate oper12 ations of such carriers regardless of the distance traveled.
13
SEC. 4137. DECALS.
14
The Commercial Vehicle Safety Alliance may not re-
15 strict the sale of any inspection decal to the Federal Motor
16 Carrier Safety Administration unless the Administration
17 fails to meet its responsibilities under its memorandum of
18 understanding with the Alliance (other than a failure due
19 to the Administration’s compliance with Federal law).
20
SEC. 4138. HIGH RISK CARRIER COMPLIANCE REVIEWS.
*072805.296*
21
From the funds authorized by section 31104(i) of
22 title 49, United States Code, the Secretary shall ensure
23 that compliance reviews are completed on motor carriers
24 that have demonstrated through performance data that
25 they pose the highest safety risk. At a minimum, a compli-
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1 ance review shall be conducted whenever a motor carrier
2 is rated as category A or B for 2 consecutive months.
3
SEC. 4139. FOREIGN COMMERCIAL MOTOR VEHICLES.
4
5
(a) OPERATING AUTHORITY ENFORCEMENT ASSISTANCE FOR
6
STATES.—
(1) TRAINING
AND OUTREACH.—Not
later than
7
180 days after the date of enactment of this Act, the
8
Administrator of the Federal Motor Carrier Safety
9
Administration shall conduct outreach and provide
10
training as necessary to State personnel engaged in
11
the enforcement of Federal motor carrier safety reg-
12
ulations to ensure their awareness of the process to
13
be used for verification of the operating authority of
14
motor carriers, including motor carriers of pas-
15
sengers, and to ensure proper enforcement when
16
motor carriers are found to be in violation of oper-
17
ating authority requirements.
*072805.296*
18
(2) ASSESSMENT.—The Inspector General of
19
the Department of Transportation may periodically
20
assess the implementation and effectiveness of the
21
training and outreach program.
22
(b) STUDY
23
OF
FOREIGN COMMERCIAL MOTOR VEHI-
CLES.—
24
(1) REVIEW.—Not later than 1 year after the
25
date of enactment of this Act, the Administrator
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1
shall conduct a review to determine the degree to
2
which Canadian and Mexican commercial motor ve-
3
hicles, including motor carriers of passengers, cur-
4
rently operating or expected to operate in the United
5
States comply with the Federal motor vehicle safety
6
standards.
7
(2) REPORTS.—Not later than 1 year after the
8
date of enactment, the Adminstrator shall submit a
9
report to the Committee on Commerce, Science, and
10
Transportation of the Senate and the Committee on
11
Transportation and Infrastructure of the House of
12
Representatives containing the findings and conclu-
13
sions of the review. Not later than 4 months after
14
the date on which the report is submitted to the
15
Committees, the Inspector General of the Depart-
16
ment shall provide comments and observations to the
17
Committees on the scope and methodology of the re-
18
view.
19
SEC. 4140. SCHOOL BUS DRIVER QUALIFICATIONS AND EN-
20
DORSEMENT KNOWLEDGE TEST.
*072805.296*
21
(a) RECOGNITION
OF
TEST.—The Secretary shall
22 recognize any driver who passes a test approved by the
23 Federal Motor Carrier Safety Administration as meeting
24 the knowledge test requirement for a school bus endorse-
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1 ment under section 383.123 of title 49, Code of Federal
2 Regulations.
3
(b) DRIVER QUALIFICATIONS.— Section 383.123 of
4 such title (as in effect on the date of enactment of this
5 Act) shall not be in effect during the period beginning on
6 the date of enactment of this Act and ending on Sep7 tember 30, 2006.
8
SEC. 4141. DRIVEAWAY SADDLEMOUNT VEHICLES.
9
(a) DEFINITION.—Section 31111(a) of tile 49,
10 United States Code, is amended by adding at the end of
11 the following:
12
‘‘(4)
DRIVE-AWAY
SADDLEMOUNT
WITH
*072805.296*
13
FULLMOUNT
14
TION.—The
15
fullmount vehicle transporter combination’ means a
16
vehicle combination designed and specifically used to
17
tow up to 3 trucks or truck tractors, each connected
18
by a saddle to the frame or fifth-wheel of the for-
19
ward vehicle of the truck or truck tractor in front
20
of it.’’.
21
(b) GENERAL LIMITATIONS.—Section 31111(b)(1) of
VEHICLE
TRANSPORTER
COMBINA-
term ‘drive-away saddlemount with
22 such title is amended
23
(1) by redesignating subparagraphs (D) and
24
(E) as subparagraphs (E) and (F), respectively; and
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1
(2) by inserting after subparagraph (C) the fol-
2
lowing:
3
‘‘(D) imposes a vehicle length limitation of
4
not less than or more than 97 feet on a
5
driveaway saddlemount with fullmount vehicle
6
transporter combinations;’’.
7
SEC. 4142. REGISTRATION OF MOTOR CARRIERS AND
8
9
FREIGHT FORWARDERS.
(a) DEFINITIONS RELATING TO MOTOR CARRIERS.—
10 Paragraphs (6), (7), (12), and (13) of section 13102 of
11 title 49, United States Code, are each amended by striking
12 ‘‘motor vehicle’’ and inserting ‘‘commercial motor vehicle
13 (as defined in section 31132)’’.
14
(b) FREIGHT FORWARDERS.—Section 13903(a) of
15 such title is amended—
16
17
(1) by striking ‘‘The Secretary’’ and inserting
the following:
18
‘‘(1) HOUSEHOLD
19
(2) by inserting ‘‘of household goods’’ after
20
GOODS.—The
Secretary’’;
‘‘freight forwarder’’; and
*072805.296*
21
(3) by adding at the end the following:
22
‘‘(2) OTHERS.—The Secretary may register a
23
person to provide service subject to jurisdiction
24
under subchapter III of chapter 135 as a freight for-
25
warder (other than a freight forwarder of household
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1
goods) if the Secretary finds that such registration
2
is needed for the protection of shippers and that the
3
person is fit, willing, and able to provide the service
4
and to comply with this part and applicable regula-
5
tions of the Secretary and Board.’’.
6
(c) BROKERS.—Section 13904(a) of such title is
7 amended—
8
9
10
11
12
(1) by striking ‘‘The Secretary’’ and inserting
the following:
‘‘(1) HOUSEHOLD GOODS.—The Secretary’’;
(2) by inserting ‘‘of household goods’’ after
‘‘broker’’; and
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13
(3) by adding at the end the following:
14
‘‘(2) OTHERS.—The Secretary may register a
15
person to provide service subject to jurisdiction
16
under subchapter III of chapter 135 as a broker
17
(other than a broker of household goods) if the Sec-
18
retary finds that such registration is needed for the
19
protection of shippers and that the person is fit,
20
willing, and able to provide the service and to com-
21
ply with this part and applicable regulations of the
22
Secretary and Board.’’.
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1
SEC. 4143. AUTHORITY TO STOP COMMERCIAL MOTOR VE-
2
3
HICLES.
(a) IN GENERAL.—Chapter 2 of title 18, United
4 States Code, is amended by adding at the end the fol5 lowing:
6 ‘‘§ 39. Commercial motor vehicles required to stop for
7
8
inspections
‘‘(a) A driver of a commercial motor vehicle (as de-
9 fined in section 31132 of title 49) shall stop and submit
10 to inspection of the vehicle, driver, cargo, and required
11 records when directed to do so by an authorized employee
12 of the Federal Motor Carrier Safety Administration of the
13 Department of Transportation, at or in the vicinity of an
14 inspection site. The driver shall not leave the inspection
15 site until authorized to do so by an authorized employee.
16
‘‘(b) A driver of a commercial motor vehicle, as de-
17 fined in subsection (a), who knowingly fails to stop for
18 inspection when directed to do so by an authorized em19 ployee of the Administration at or in the vicinity of an
20 inspection site, or leaves the inspection site without au21 thorization, shall be fined under this title or imprisoned
*072805.296*
22 not more than 1 year, or both.’’.
23
(b) AUTHORITY
OF
FMCSA.—Chapter 203 of such
24 title is amended by adding at the end the following:
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1 ‘‘§ 3064. Powers of Federal Motor Carrier Safety Ad2
ministration
3
‘‘Authorized employees of the Federal Motor Carrier
4 Safety Administration may direct a driver of a commercial
5 motor vehicle (as defined in section 31132 of title 49) to
6 stop for inspection of the vehicle, driver, cargo, and re7 quired records at or in the vicinity of an inspection site.’’.
8
(c) CLERICAL AMENDMENTS.—
9
(1) The analysis for chapter 2 of such title is
10
amended by inserting after the item relating to sec-
11
tion 38 the following:
‘‘39. Commercial motor vehicles required to stop for inspections.’’.
12
(2) The analysis for chapter 203 of such title
13
is amended by inserting after the item relating to
14
section 3063 the following:
‘‘3064. Powers of Federal Motor Carrier Safety Administration.’’.
15
SEC.
4144.
MOTOR
16
17
CARRIER
SAFETY
ADVISORY
COM-
MITTEE.
(a) ESTABLISHMENT
AND
DUTIES.—The Secretary
18 shall establish in the Federal Motor Carrier Safety Admin19 istration a motor carrier safety advisory committee. The
*072805.296*
20 committee shall—
21
(1) provide advice and recommendations to the
22
Administrator of the Federal Motor Carrier Safety
23
Administration about needs, objectives, plans, ap-
24
proaches, content, and accomplishments of the
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1
motor carrier safety programs carried out by the Ad-
2
ministration; and
3
(2) provide advice and recommendations to the
4
Administrator on motor carrier safety regulations.
5
(b) MEMBERS, CHAIRMAN, PAY,
6
(1) IN
GENERAL.—The
AND
EXPENSES.—
committee shall be com-
7
posed of not more than 20 members appointed by
8
the Administrator from among individuals who are
9
not employees of the Administration and who are
10
specially qualified to serve on the committee because
11
of their education, training, or experience. The mem-
12
bers shall include representatives of the motor car-
13
rier industry, safety advocates, and safety enforce-
14
ment officials. Representatives of a single enumer-
15
ated interest group may not constitute a majority of
16
the members of the advisory committee.
17
18
(2) CHAIRMAN.—The Administrator shall designate the chairman of the committee.
*072805.296*
19
(3) PAY.—A member of the committee shall
20
serve without pay; except that the Administrator
21
may allow a member, when attending meetings of
22
the committee or a subcommittee of the committee,
23
expenses authorized under section 5703 of title 5,
24
relating to per diem, travel, and transportation ex-
25
penses.
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1
2
(c) SUPPORT STAFF, INFORMATION,
ICES.—The
AND
SERV-
Administrator shall provide support staff for
3 the committee. On request of the committee, the Adminis4 trator shall provide information, administrative services,
5 and supplies that the Administrator considers necessary
6 for the committee to carry out its duties and powers.
7
(d) TERMINATION DATE.—Notwithstanding the Fed-
8 eral Advisory Committee Act (5 U.S.C. App.), the advisory
9 committee shall terminate on September 30, 2010.
10
SEC. 4145. TECHNICAL CORRECTIONS.
11
(a)
INTERMODAL
TRANSPORTATION
ADVISORY
12 BOARD.—Section 5502(b) of title 49, United States Code,
13 is amended—
14
15
16
17
(1) by striking ‘‘and’’ at the end of paragraph
(4);
(2) by striking the period at the end of paragraph (5) and inserting ‘‘; and’’; and
18
(3) by adding at the end the following:
19
‘‘(6) the Federal Motor Carrier Safety Adminis-
*072805.296*
20
tration.’’.
21
(b) REFERENCE
TO
AGENCY.—Section 31502(e) of
22 such title is amended—
23
(1) in paragraph (2) by striking ‘‘Regional Di-
24
rector of the Federal Highway Administration’’ and
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1
inserting ‘‘Field Administrator of the Federal Motor
2
Carrier Safety Administration’’; and
3
(2) in paragraph (3) by striking ‘‘Regional Di-
4
rector’’ and inserting ‘‘Field Administrator’’.
5
SEC. 4146. EXEMPTION DURING HARVEST PERIODS.
6
Regulations issued by the Secretary under sections
7 31136 and 31502 of title 49, United States Code, regard8 ing maximum driving and on-duty time for a driver used
9 by a motor carrier, shall not apply, beginning on the date
10 of enactment of this Act and ending at the end of fiscal
11 year 2009, for the transportation of grapes west of Inter12 state 81 in the State of New York if such transportation—
13
(1) is during a harvesting period, as determined
14
by the State; and
15
(2) is limited to a 150-air mile radius from
16
17
where the grapes are picked or distributed.
SEC. 4147. EMERGENCY CONDITION REQUIRING IMME-
18
DIATE RESPONSE.
19
Section 229 of the Motor Carrier Safety Improve-
20 ment Act of 1999 (as added and amended by section 4115
*072805.296*
21 of this Act) is amended by adding at the end the following:
22
23
‘‘(f) EMERGENCY CONDITION REQUIRING IMMEDIATE
24
25
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RESPONSE.—
‘‘(1) PROPANE
OR PIPELINE EMERGENCY.—A
regulation prescribed under section 31136 or 31502
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1
of title 49, United States Code, shall not apply to
2
a driver of a commercial motor vehicle which is used
3
primarily in the transportation of propane winter
4
heating fuel or a driver of a motor vehicle used to
5
respond to a pipeline emergency if such regulations
6
would prevent the driver from responding to an
7
emergency condition requiring immediate response.
*072805.296*
8
‘‘(2) DEFINITION.—An emergency condition re-
9
quiring immediate response is any condition that, if
10
left unattended, is reasonably likely to result in im-
11
mediate serious bodily harm, death, or substantial
12
damage to property. In the case of propane such
13
conditions shall include (but are not limited to) the
14
detection of gas odor, the activation of carbon mon-
15
oxide alarms, the detection of carbon monoxide poi-
16
soning, and any real or suspected damage to a pro-
17
pane gas system following a severe storm or flood-
18
ing. An ‘emergency condition requiring an immediate
19
response’ does not include requests to re-fill empty
20
gas tanks. In the case of pipelines such conditions
21
include (but are not limited to) indication of an ab-
22
normal pressure event, leak, release or rupture.’’.
23
SEC. 4148. SUBSTANCE ABUSE PROFESSIONALS.
24
The Secretary shall conduct a rulemaking to permit
25 a State licensed or certified marriage and family therapist,
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1 to act as a substance abuse professional under subpart
2 O of part 40 of title 49, Code of Federal Regulations.
3
SEC. 4149. OFFICE OF INTERMODALISM.
4
Section 5503 of title 49, United States Code, is
5 amended—
6
(1) in subsection (e) by inserting ‘‘Amounts re-
7
served under section 5504(d) not awarded to States
8
as grants may be used by the Director to provide
9
technical assistance under this subsection.’’ after
10
‘‘organizations.’’;
11
12
(2) by redesignating subsection (f) as subsection (h); and
13
(3) by inserting after subsection (e) the fol-
14
lowing:
15
‘‘(f) NATIONAL INTERMODAL SYSTEM IMPROVEMENT
16 PLAN.—
17
‘‘(1) IN
GENERAL.—The
Director, in consulta-
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18
tion with the advisory board established under sec-
19
tion 5502 and other public and private transpor-
20
tation interests, shall develop a plan to improve the
21
national intermodal transportation system. The plan
22
shall include—
23
‘‘(A) an assessment and forecast of the na-
24
tional intermodal transportation system’s im-
25
pact on mobility, safety, energy consumption,
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1
the
2
trade, economic activity, and quality of life in
3
the United States;
environment,
technology,
international
4
‘‘(B) an assessment of the operational and
5
economic attributes of each passenger and
6
freight mode of transportation and the optimal
7
role of each mode in the national intermodal
8
transportation system;
9
‘‘(C) a description of recommended inter-
10
modal and multi-modal research and develop-
11
ment projects;
12
‘‘(D) a description of emerging trends that
13
have an impact on the national intermodal
14
transportation system;
15
‘‘(E) recommendations for improving inter-
16
modal policy, transportation decision-making,
17
and financing to maximize mobility and the re-
18
turn on investment of Federal spending on
19
transportation;
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20
‘‘(F) an estimate of the impact of current
21
Federal and State transportation policy on the
22
national intermodal transportation system; and
23
‘‘(G) specific near and long-term goals for
24
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1
‘‘(2) PROGRESS
REPORTS.—The
Director shall
2
submit an initial report on the plan to improve the
3
national intermodal transportation system 2 years
4
after the date of enactment of the Surface Transpor-
5
tation Safety Improvement Act of 2005, and a fol-
6
low-up report 2 years after that, to the Committee
7
on Commerce, Science, and Transportation of the
8
Senate and the Committee on Transportation and
9
Infrastructure of the House of Representatives. The
10
progress report shall—
11
‘‘(A)
12
made
toward
‘‘(B) describe challenges and obstacles to
achieving the plan’s goals;
15
16
progress
achieving the plan’s goals;
13
14
describe
‘‘(C) update the plan to reflect changed
circumstances or new developments; and
*072805.296*
17
‘‘(D) make policy and legislative rec-
18
ommendations the Director believes are nec-
19
essary and appropriate to achieve the goals of
20
the plan.
21
‘‘(3) PLAN
DEVELOPMENT
FUNDING.—Such
22
sums as may be necessary from the administrative
23
expenses of the Research and Innovative Technology
24
Administration shall be reserved by the Secretary of
25
Transportation each year for the purpose of com-
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1
pleting and updating the plan to improve the na-
2
tional intermodal transportation plan.
3
‘‘(g) IMPACT MEASUREMENT METHODOLOGY; IM-
4
PACT
REVIEW.—The Director and the Director of the Bu-
5 reau of Transportation Statistics shall jointly—
6
‘‘(1) develop, in consultation with the modal ad-
7
ministrations, and State and local planning organi-
8
zations, common measures to compare transpor-
9
tation investment decisions across the various modes
10
11
12
of transportation; and
‘‘(2) formulate a methodology for measuring
the impact of intermodal transportation on—
13
‘‘(A) the environment;
14
‘‘(B) public health and welfare;
15
‘‘(C) energy consumption;
16
‘‘(D) the operation and efficiency of the
17
transportation system;
18
19
‘‘(E) congestion, including congestion at
the Nation’s ports; and
20
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21
‘‘(F) the economy and employment.
‘‘(h) AUTHORIZATION
OF
APPROPRIATIONS.—There
22 is authorized to be appropriated to the Secretary of Trans23 portation such sums as may be necessary for fiscal years
24 2006 through 2009 to carry out this chapter.’’.
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Subtitle B—Household Goods
Transportation
1
2
3
SEC. 4201. SHORT TITLE.
4
This subtitle may be cited as the ‘‘Househood Goods
5 Mover Oversight Enforcement and Reform Act of 2005’’
6
SEC. 4202. DEFINITIONS; APPLICATION OF PROVISIONS.
7
(a) TERMS USED
IN
THIS CHAPTER.—In this sub-
8 title, the terms ‘‘carrier’’, ‘‘household goods’’, ‘‘motor car9 rier’’, ‘‘Secretary’’, and ‘‘transportation’’ have the mean10 ing given to such terms in section 13102 of title 49,
11 United States Code.
12
13
(b) HOUSEHOLD GOODS MOTOR CARRIER
VIDUAL
SHIPPER
IN
PART B
OF
SUBTITLE IV
AND INDIOF
TITLE
14 49.—Section 13102 of title 49, United States Code (as
15 amended by section 4141 of this Act) is amended by redes16 ignating paragraphs (12) through (24) as paragraphs (14)
17 through (26) and by inserting after paragraph (11) the
18 following:
19
‘‘(12) HOUSEHOLD
20
‘‘(A) IN
GOODS MOTOR CARRIER.—
GENERAL.—The
term ‘household
*072805.296*
21
goods motor carrier’ means a motor carrier
22
that, in the ordinary course of its business of
23
providing transportation of household goods, of-
24
fers some or all of the following additional serv-
25
ices:
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101
1
‘‘(i) Binding and nonbinding esti-
2
mates.
3
‘‘(ii) Inventorying.
4
‘‘(iii) Protective packing and unpack-
5
ing of individual items at personal resi-
6
dences.
7
‘‘(iv) Loading and unloading at per-
8
sonal residences.
9
‘‘(B) INCLUSION.—The term includes any
10
person that is considered to be a household
11
goods motor carrier under regulations, deter-
12
minations, and decisions of the Federal Motor
13
Carrier Safety Administration that are in effect
14
on the date of enactment of the Household
15
Goods Mover Oversight Enforcement and Re-
16
form Act of 2005.
17
‘‘(C) LIMITED
SERVICE EXCLUSION.—The
*072805.296*
18
term does not include a motor carrier when the
19
motor carrier provides transportation of house-
20
hold goods in containers or trailers that are en-
21
tirely loaded and unloaded by an individual
22
(other than an employee or agent of the motor
23
carrier).
24
‘‘(13) INDIVIDUAL
25
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SHIPPER.—The
vidual shipper’ means any person who—
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term ‘indi-
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1
‘‘(A) is the shipper, consignor, or consignee
2
of a household goods shipment;
3
‘‘(B) is identified as the shipper, consignor,
4
or consignee on the face of the bill of lading;
5
‘‘(C) owns the goods being transported;
6
and
7
‘‘(D) pays his or her own tariff transpor-
8
tation charges.’’.
9
(c) APPLICATION
OF
CERTAIN PROVISIONS
OF
10 LAW.—The provisions of title 49, United States Code, and
11 this subtitle (including any amendments made by this sub12 title), that relate to the transportation of household goods
13 apply only to a household goods motor carrier (as defined
14 in section 13102 of title 49, United States Code).
15
SEC. 4203. PAYMENT OF RATES.
16
Section 13707(b) of title 49, United States Code, is
17 amended by adding at the end the following:
18
‘‘(3) SHIPMENTS
19
‘‘(A) IN
OF HOUSEHOLD GOODS.—
GENERAL.—A
carrier providing
*072805.296*
20
transportation of a shipment of household
21
goods shall give up possession of the household
22
goods being transported at the destination upon
23
payment of—
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1
‘‘(i) 100 percent of the charges con-
2
tained in a binding estimate provided by
3
the carrier;
4
‘‘(ii) not more than 110 percent of the
5
charges contained in a nonbinding estimate
6
provided by the carrier; or
7
‘‘(iii) in the case of a partial delivery
8
of the shipment, the prorated percentage
9
of the charges calculated in accordance
10
with subparagraph (B).
11
‘‘(B)
CALCULATION
OF
PRORATED
12
CHARGES.—For
13
(A)(iii), the prorated percentage of the charges
14
shall be the percentage of the total charges due
15
to the carrier as described in clause (i) or (ii)
16
of subparagraph (A) that is equal to the per-
17
centage of the weight of that portion of the
18
shipment delivered to the total weight of the
19
shipment.
20
‘‘(C)
purposes
POST-CONTRACT
of
subparagraph
SERVICES.—Sub-
*072805.296*
21
paragraph (A) does not apply to additional
22
services requested by a shipper after the con-
23
tract of service is executed that were not in-
24
cluded in the estimate.
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1
‘‘(D) IMPRACTICABLE
OPERATIONS.—Sub-
2
paragraph (A) does not apply to impracticable
3
operations, as defined by the applicable carrier
4
tariff, except that the charges collected at deliv-
5
ery for such operations shall not exceed 15 per-
6
cent of all other charges due at delivery. Any
7
remaining charges due shall be paid within 30
8
days after the carrier presents its freight bill.’’.
9
SEC. 4204. ADDITIONAL REGISTRATION REQUIREMENTS
10
FOR
11
GOODS.
12
MOTOR
CARRIERS
OF
HOUSEHOLD
Section 13902(a) of title 49, United States Code, is
13 amended—
14
(1) by striking paragraphs (2) and (3);
15
(2) by redesignating paragraph (4) as para-
16
17
18
19
graph (5);
(3) by inserting after paragraph (1) the following:
‘‘(2)
ADDITIONAL
REGISTRATION
REQUIRE-
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20
MENTS
21
RIERS.—In
22
paragraph (1), the Secretary may register a person
23
to provide transportation of household goods as a
24
household goods motor carrier only after that
25
person—
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FOR
HOUSEHOLD
GOODS
MOTOR
CAR-
addition to meeting the requirements of
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1
‘‘(A) provides evidence of participation in
2
an arbitration program and provides a copy of
3
the notice of the arbitration program as re-
4
quired by section 14708(b)(2);
5
‘‘(B) identifies its tariff and provides a
6
copy of the notice of the availability of that tar-
7
iff for inspection as required by section
8
13702(c);
9
‘‘(C) provides evidence that it has access
10
to, has read, is familiar with, and will observe
11
all applicable Federal laws relating to consumer
12
protection, estimating, consumers’ rights and
13
responsibilities, and options for limitations of li-
14
ability for loss and damage; and
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15
‘‘(D) discloses any relationship involving
16
common stock, common ownership, common
17
management, or common familial relationships
18
between that person and any other motor car-
19
rier, freight forwarder, or broker of household
20
goods within 3 years of the proposed date of
21
registration.
22
‘‘(3) CONSIDERATION
OF
EVIDENCE;
FIND-
23
INGS.—The
24
tent applicable, make findings on any evidence dem-
25
onstrating that the registrant is unable to comply
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Secretary shall consider, and, to the ex-
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106
1
with any applicable requirement of paragraph (1) or,
2
in the case of a registrant to which paragraph (2)
3
applies, paragraph (1) or (2).
4
‘‘(4) WITHHOLDING.—If the Secretary deter-
5
mines that a registrant under this section does not
6
meet, or is not able to meet, any requirement of
7
paragraph (1) or, in the case of a registrant to
8
which paragraph (2) applies, paragraph (1) or (2),
9
the Secretary shall withhold registration.’’; and
10
(4) by adding at the end of paragraph (5) (as
11
redesignated by paragraph (2) of this section) ‘‘In
12
the case of a registration for the transportation of
13
household goods as a household goods motor carrier,
14
the Secretary may also hear a complaint on the
15
ground that the registrant fails or will fail to comply
16
with the requirements of paragraph (2) of this sub-
17
section.’’.
18
SEC. 4205. HOUSEHOLD GOODS CARRIER OPERATIONS .
19
Section 14104(b) of title 49, United States Code, is
20 amended—
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21
22
23
24
25
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(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking paragraph (1) and inserting the
following:
‘‘(1) REQUIRED
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TO BE IN WRITING.—
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1
‘‘(A) IN
GENERAL.—Except
as otherwise
2
provided in this subsection, every motor carrier
3
providing transportation of household goods de-
4
scribed in section 13102(10)(A) as a household
5
goods motor carrier and subject to jurisdiction
6
under subchapter I of chapter 135 shall con-
7
duct a physical survey of the household goods
8
to be transported on behalf of a prospective in-
9
dividual shipper and shall provide the shipper
10
with a written estimate of charges for the
11
transportation and all related services.
12
‘‘(B) WAIVER.—A shipper may elect to
13
waive a physical survey under this paragraph by
14
written agreement signed by the shipper before
15
the shipment is loaded. A copy of the waiver
16
agreement must be retained as an addendum to
17
the bill of lading and shall be subject to the
18
same record inspection and preservation re-
19
quirements of the Secretary as are applicable to
20
bills of lading.
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21
‘‘(C) ESTIMATE.—
22
‘‘(i) IN
GENERAL.—Notwithstanding
a
23
waiver under subparagraph (B), a carrier’s
24
statement of charges for transportation
25
must be submitted to the shipper in writ-
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1
ing and must indicate whether it is binding
2
or nonbinding. The written estimate shall
3
be based on a physical survey of the house-
4
hold goods if the household goods are lo-
5
cated within a 50-mile radius of the loca-
6
tion of the carrier’s household goods agent
7
preparing the estimate.
8
‘‘(ii) BINDING.—A binding estimate
9
under this paragraph must indicate that
10
the carrier and shipper are bound by such
11
charges. The carrier may impose a charge
12
for providing a written binding estimate.
13
‘‘(iii)
NONBINDING.—A
nonbinding
14
estimate under this paragraph must indi-
15
cate that the actual charges will be based
16
upon the actual weight of the individual
17
shipper’s shipment and the carrier’s lawful
18
tariff charges. The carrier may not impose
19
a charge for providing a nonbinding esti-
20
mate.
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21
‘‘(2) OTHER
INFORMATION.—At
the time that a
22
motor carrier provides the written estimate required
23
by paragraph (1), the motor carrier shall provide the
24
shipper a copy of the Department of Transportation
25
publication FMCSA-ESA-03–005 (or its successor
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1
publication) entitled ‘Ready to Move?’. Before the
2
execution of a contract for service, the motor carrier
3
shall provide the shipper copy of the Department of
4
Transportation publication OCE 100, entitled ‘Your
5
Rights and Responsibilities When You Move’ re-
6
quired by section 375.213 of title 49, Code of Fed-
7
eral Regulations (or any successor regulation). ’’.
8
SEC. 4206. ENFORCEMENT OF REGULATIONS RELATED TO
9
TRANSPORTATION OF HOUSEHOLD GOODS.
10
11
(a) NONPREEMPTION
TATION
OF
OF
INTRASTATE TRANSPOR-
HOUSEHOLD
GOODS.—Section
12 14501(c)(2)(B) of title 49, United States Code, is amend13 ed by inserting ‘‘intrastate’’ before ‘‘transportation’’.
14
15
(b) ENFORCEMENT
SPECT TO INTERSTATE
16
17
(1) IN
OF
FEDERAL LAW WITH RE-
HOUSEHOLD GOODS CARRIERS.—
GENERAL.—Chapter
147 of such title is
amended by adding at the end the following:
18 ‘‘§ 14710. Enforcement of Federal laws and regula19
tions with respect to transportation of
20
household goods
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21
‘‘(a) ENFORCEMENT
BY
STATES.—Notwithstanding
22 any other provision of this title, a State authority may
23 enforce the consumer protection provisions of this title
24 that apply to individual shippers, as determined by the
25 Secretary, and are related to the delivery and transpor-
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1 tation of household goods in interstate commerce. Any fine
2 or penalty imposed on a carrier in a proceeding under this
3 subsection shall be paid, notwithstanding any other provi4 sion of law, to and retained by the State.
5
‘‘(b) NOTICE.—The State shall serve written notice
6 to the Secretary or the Board, as the case may be, of any
7 civil action under subsection (a) prior to initiating such
8 civil action. The notice shall include a copy of the com9 plaint to be filed to initiate such civil action, except that
10 if it is not feasible for the State to provide such prior no11 tice, the State shall provide the notice immediately upon
12 instituting such civil action.
13
‘‘(c)
ENFORCEMENT
ASSISTANCE
OUTREACH
14 PLAN.—The Federal Motor Carrier Safety Administration
15 shall implement an outreach plan to enhance the coordina16 tion and effective enforcement of Federal laws and regula17 tions with respect to transportation of household goods be18 tween and among Federal and State law enforcement and
19 consumer protection authorities. The outreach shall in20 clude, as appropriate, local law enforcement and consumer
*072805.296*
21 protection authorities.
22
‘‘(d) STATE AUTHORITY DEFINED.—In this section,
23 the term ‘State authority’ means an agency of a State that
24 has authority under the laws of the State to regulate the
25 intrastate movement of household goods.
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1 ‘‘§ 14711. Enforcement by State attorneys general
2
‘‘(a) IN GENERAL.—A State, as parens patriae, may
3 bring a civil action on behalf of its residents in an appro4 priate district court of the United States to enforce the
5 consumer protection provisions of this title that apply to
6 individual shippers, as determined by the Secretary, and
7 are related to the delivery and transportation of household
8 goods by a household goods motor carrier subject to juris9 diction under subchapter I of chapter 135 or regulations
10 or orders of the Secretary or the Board issued under such
11 provisions or to impose the civil penalties authorized by
12 this part or such regulations or orders, whenever the attor13 ney general of the State has reason to believe that the
14 interests of the residents of the State have been or are
15 being threatened or adversely affected by a carrier or
16 broker providing transportation subject to jurisdiction
17 under subchapter I or III of chapter 135 or a foreign
18 motor carrier providing transportation that is registered
19 under section 13902 and is engaged in household goods
20 transportation that violates this part or a regulation or
21 order of the Secretary or Board, as applicable, issued
*072805.296*
22 under this part.
23
24
‘‘(b) NOTICE AND CONSENT.—
‘‘(1) IN
GENERAL.—The
State shall serve writ-
25
ten notice to the Secretary or the Board, as the case
26
may be, of any civil action under subsection (a) prior
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1
to initiating such civil action. The notice shall in-
2
clude a copy of the complaint to be filed to initiate
3
such civil action.
4
‘‘(2)
5
Board—
6
7
CONDITIONS.—The
Secretary
or
the
‘‘(A) shall review the initiation of a civil
action under this section by a State if—
8
‘‘(i) the carrier or broker that is the
9
subject of the action is not registered with
10
the Department of Transportation;
11
‘‘(ii) the license of the carrier or
12
broker for failure to file proof of required
13
bodily injury or cargo liability insurance is
14
pending, or the license has been revoked
15
for any other reason by the Department;
16
‘‘(iii) the carrier is not rated or has
17
received a conditional or unsatisfactory
18
safety rating by the Department; or
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19
‘‘(iv) the carrier or broker has been li-
20
censed with the Department for less than
21
5 years; and
22
‘‘(B) may review if the carrier or broker
23
fails to meet criteria developed by the Secretary
24
that are consistent with this section.
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1
‘‘(3)
CONGRESSIONAL
NOTIFICATION.—The
2
Secretary shall notify the Committee on Commerce,
3
Science, and Transportation, of the Senate and the
4
Committee on Transportation and Infrastructure of
5
the House of Representativesof any criteria devel-
6
oped by the Secretary under paragraph (2)(B).
7
‘‘(4) 60-DAY
DEADLINE.—The
Secretary or the
8
Board shall be considered to have consented to any
9
civil action of a State under this section if the Sec-
10
retary or the Board has taken no action with respect
11
to the notice within 60 calendar days after the date
12
on which the Secretary or the Board received notice
13
under paragraph (1).
14
‘‘(c) AUTHORITY
TO
INTERVENE.—Upon receiving
15 the notice required by subsection (b), the Secretary or
16 board may intervene in a civil action of a State under this
17 section and upon intervening—
18
19
‘‘(1) be heard on all matters arising in such
civil action; and
20
‘‘(2) file petitions for appeal of a decision in
*072805.296*
21
such civil actions.
22
‘‘(d) CONSTRUCTION.—For purposes of bringing any
23 civil action under subsection (a), nothing in this section
24 shall—
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1
‘‘(1) convey a right to initiate or maintain a
2
class action lawsuit in the enforcement of a Federal
3
law or regulation; or
4
‘‘(2) prevent the attorney general of a State
5
from exercising the powers conferred on the attorney
6
general by the laws of such State to conduct inves-
7
tigations or to administer oaths or affirmations or to
8
compel the attendance of witnesses or the production
9
of documentary and other evidence.
10
‘‘(e) VENUE; SERVICE OF PROCESS.—In a civil action
11 brought under subsection (a)—
12
13
‘‘(1) the venue shall be a Federal judicial district in which—
14
15
‘‘(A) the carrier, foreign motor carrier, or
broker operates;
16
‘‘(B) the carrier, foreign motor carrier, or
17
broker was authorized to provide transportation
18
at the time the complaint arose; or
19
‘‘(C) where the defendant in the civil ac-
*072805.296*
20
tion is found;
21
‘‘(2) process may be served without regard to
22
the territorial limits of the district or of the State
23
in which the civil action is instituted; and
24
‘‘(3) a person who participated with a carrier or
25
broker in an alleged violation that is being litigated
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1
in the civil action may be joined in the civil action
2
without regard to the residence of the person.
3
‘‘(f) ENFORCEMENT
OF
STATE LAW.—Nothing con-
4 tained in this section shall prohibit an authorized State
5 official from proceeding in State court to enforce a crimi6 nal statute of such State.’’.
7
(c) CLERICAL AMENDMENT.—The analysis for such
8 chapter 147 is amended by inserting after the item relat9 ing to section 14709 the following:
‘‘14710. Enforcement of Federal laws and regulations with respect to transportation of household goods.
‘‘14711. Enforcement by State attorneys general.’’.
10
SEC. 4207. LIABILITY OF CARRIERS UNDER RECEIPTS AND
11
12
BILLS OF LADING.
Section 14706(f) of title 49, United States Code, is
13 amended—
14
15
(1) by striking ‘‘A carrier’’ and inserting the
following:
16
‘‘(1) IN
17
(2) by adding at the end the following:
18
‘‘(2) FULL
GENERAL.—A
carrier’’; and
VALUE PROTECTION OBLIGATION.—
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19
Unless the carrier receives a waiver in writing under
20
paragraph (3), a carrier’s maximum liability for
21
household goods that are lost, damaged, destroyed,
22
or otherwise not delivered to the final destination is
23
an amount equal to the replacement value of such
24
goods, subject to a maximum amount equal to the
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1
declared value of the shipment and to rules issued
2
by the Surface Transportation Board and applicable
3
tariffs.
4
‘‘(3) APPLICATION
OF RATES.—The
released
5
rates established by the Board under paragraph (1)
6
(commonly known as ‘released rates’) shall not apply
7
to the transportation of household goods by a carrier
8
unless the liability of the carrier for the full value
9
of such household goods under paragraph (2) is
10
waived, in writing, by the shipper.’’.
11
SEC. 4208. ARBITRATION REQUIREMENTS.
12
(a) OFFERING SHIPPERS ARBITRATION.—Section
13 14708(a) of title 49, United States Code, is amended by
14 inserting before the period at the end the following: ‘‘and
15 to determine whether carrier charges, in addition to those
16 collected at delivery, must be paid by shippers for trans17 portation and services related to transportation of house18 hold goods’’.
19
(b) THRESHOLD
FOR
BINDING ARBITRATION.—Sec-
20 tion 14708(b)(6) of such title is amended by striking
*072805.296*
21 ‘‘$5,000’’ each place it appears and inserting ‘‘$10,000’’.
22
(c) DEADLINE
FOR
DECISION.—Section 14708(b)(8)
23 of such title is amended in last sentence—
24
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(1) by striking ‘‘and’’; and
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1
(2) by inserting after ‘‘for damages’’ the fol-
2
lowing: ‘‘, and an order requiring the payment of ad-
3
ditional carrier charges’’.
4
(d) ATTORNEY’S FEES
TO
SHIPPERS.—Section
5 14708(d)(3) of such title is amended—
6
(1) by redesignating subparagraph (B) as sub-
7
paragraph (C); and
8
(2) by striking ‘‘(3)(A) a decision resolving the
9
dispute was not’’ and inserting the following:
10
‘‘(3)(A) the shipper was not advised by the car-
11
rier during the claim settlement process that a dis-
12
pute settlement program was available to resolve the
13
dispute;
14
‘‘(B) a decision resolving the dispute was not’’.
15
SEC. 4209. CIVIL PENALTIES RELATING TO HOUSEHOLD
16
GOODS
17
TRANSPORTATION.
18
BROKERS
AND
UNAUTHORIZED
Section 14901(d) of title 49, United States Code, is
19 amended—
20
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21
(1) by striking ‘‘If a carrier’’ and inserting the
following:
22
‘‘(1) IN
23
(2) by adding at the end the following:
24
‘‘(2) ESTIMATE
25
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GENERAL.—If
AGREEMENT.—If
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a carrier’’; and
OF BROKER WITHOUT CARRIER
a broker for transportation of
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1
household goods subject to jurisdiction under sub-
2
chapter I of chapter 135 makes an estimate of the
3
cost of transporting any such goods before entering
4
into an agreement with a carrier to provide trans-
5
portation of household goods subject to such juris-
6
diction, the broker is liable to the United States for
7
a civil penalty of not less than $10,000 for each vio-
8
lation.
9
‘‘(3) UNAUTHORIZED
TRANSPORTATION.—If
a
10
person provides transportation of household goods
11
subject to jurisdiction under subchapter I of chapter
12
135 or provides broker services for such transpor-
13
tation without being registered under chapter 139 to
14
provide such transportation or services as a motor
15
carrier or broker, as the case may be, such person
16
is liable to the United States for a civil penalty of
17
not less than $25,000 for each violation.’’.
18
SEC. 4210. PENALTIES FOR HOLDING HOUSEHOLD GOODS
19
20
HOSTAGE.
(a) IN GENERAL.—Chapter 149 of title 49, United
*072805.296*
21 States Code, is amended by adding at the end the fol22 lowing:
23 ‘‘§ 14915. Penalties for failure to give up possession of
24
25
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household goods
‘‘(a) CIVIL PENALTY.—
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1
‘‘(1) IN
GENERAL.—Whoever
is found holding a
2
household goods shipment hostage is liable to the
3
United States for a civil penalty of not less than
4
$10,000 for each violation.
5
‘‘(2) EACH
DAY, A SEPARATE VIOLATION.—
6
Each day a carrier is found to have failed to give
7
up possession of household goods may constitute a
8
separate violation.
9
‘‘(3) SUSPENSION.—If the person found holding
10
a shipment hostage is a carrier or broker, the Sec-
11
retary may suspend for a period of not less than 12
12
months nor more than 36 months the registration of
13
such carrier or broker under chapter 139. The force
14
and effect of such suspension of a carrier or broker
15
shall extend to and include any carrier or broker
16
having the same ownership or operational control as
17
the suspended carrier or broker.
18
‘‘(b) CRIMINAL PENALTY.—Whoever has been con-
19 victed of having failed to give up possession of household
20 goods shall be fined under title 18 or imprisoned for not
*072805.296*
21 more than 2 years, or both.
22
23
‘‘(c) FAILURE
HOLD
TO
GIVE UP POSSESSION
OF
HOUSE-
GOODS DEFINED.—For purposes of this section,
24 the term ‘failed to give up possession of household goods’
25 means the knowing and willful failure, in violation of a
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1 contract, to deliver to, or unload at, the destination of a
2 shipment of household goods that is subject to jurisdiction
3 under subchapter I or III of chapter 135 of this title, for
4 which charges have been estimated by the motor carrier
5 providing transportation of such goods, and for which the
6 shipper has tendered a payment described in clause (i),
7 (ii), or (iii) of section 13707(b)(3)(A).’’.
8
(b) CLERICAL AMENDMENT.—The analysis for such
9 chapter is amended by adding at the end the following:
‘‘14915. Penalties for failure to give up possession of household goods.’’.
10
SEC. 4211. CONSUMER HANDBOOK ON DOT WEB SITE.
11
Not later than 1 year after the date of enactment
12 of this Act, the Secretary shall take such action as may
13 be necessary to ensure that publication ESA 03005 of the
14 Federal Motor Carrier Safety Administration entitled
15 ‘‘Your Rights and Responsibilities When You Move’’, is
16 prominently displayed, and available in language that is
17 readily understandable by the general public, on the Web
18 site of the Department of Transportation.
19
SEC. 4212. RELEASE OF HOUSEHOLD GOODS BROKER IN-
20
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21
FORMATION.
Not later than 1 year after the date of enactment
22 of this Act, the Secretary shall modify the regulations con23 tained in part 375 of title 49, Code of Federal Regula24 tions, to require a broker that is subject to such regula25 tions to provide shippers with the following information
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1 whenever they have contact with a shipper or potential
2 shipper:
3
(1) The Department of Transportation number
4
of the broker.
5
(2) The ESA 03005 publication referred to in
6
section 4211 of this Act.
7
(3) A list of all motor carriers providing trans-
8
portation of household goods used by the broker and
9
a statement that the broker is not a motor carrier
10
providing transportation of household goods.
11
SEC. 4213. WORKING GROUP FOR DEVELOPMENT OF PRAC-
12
TICES AND PROCEDURES TO ENHANCE FED-
13
ERAL-STATE RELATIONS.
14
(a) IN GENERAL.—Not later than 90 days after the
15 date of enactment of this Act, the Secretary shall establish
16 a working group of State attorneys general, State con17 sumer protection administrators, and Federal and local
18 law enforcement officials for the purpose of developing
19 practices and procedures to enhance the Federal-State
20 partnership in enforcement efforts, exchange of informa-
*072805.296*
21 tion, and coordination of enforcement efforts with respect
22 to interstate transportation of household goods and of
23 making legislative and regulatory recommendations to the
24 Secretary concerning such enforcement efforts.
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1
(b) CONSULTATION.—In carrying out subsection (a),
2 the working group shall consult with industries involved
3 in the transportation of household goods, the public, and
4 other interested parties.
5
6
(c) FEDERAL ADVISORY COMMITTEE ACT EXEMPTION.—The
Federal Advisory Committee Act (5 U.S.C.
7 App.) shall not apply to the working group established
8 under subsection (a).
9
(d) TERMINATION DATE.—The working group shall
10 remain in effect until September 30, 2009.
11
SEC. 4214. CONSUMER COMPLAINT INFORMATION.
12
(a) ESTABLISHMENT
OF
SYSTEM.—Not later than 1
13 year after the date of enactment of this Act, the Secretary
14 shall—
*072805.296*
15
(1) establish (A) a system for filing and logging
16
consumer complaints relating to household goods
17
motor carriers for the purpose of compiling or link-
18
ing complaint information gathered by the Depart-
19
ment of Transportation and the States with regard
20
to such carriers, (B) a database of the complaints,
21
and (C) a procedure for the public to have access,
22
subject to section 552(a) of title 5, United States
23
Code, to aggregated information and for carriers to
24
challenge duplicate or fraudulent information in the
25
database;
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1
(2) issue regulations requiring each motor car-
2
rier of household goods to submit on a quarterly
3
basis a report summarizing—
4
(A) the number of shipments that originate
5
and are delivered for individual shippers during
6
the reporting period by the carrier;
7
(B) the number and general category of
8
complaints lodged by consumers with the car-
9
rier;
10
(C) the number of claims filed with the
11
carrier for loss and damage in excess of $500;
12
(D) the number of such claims resolved
13
during the reporting period;
14
15
(E) the number of such claims declined in
the reporting period; and
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16
(F) the number of such claims that are
17
pending at the close of the reporting period;
18
and
19
(3) develop a procedure to forward a complaint,
20
including the motor carrier bill of lading number, if
21
known, related to the complaint to a motor carrier
22
named in such complaint and to an appropriate
23
State authority (as defined in section 14710(d) of
24
title 49, United States Code) in the State in which
25
the complainant resides.
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1
(b) USE OF INFORMATION.—The Secretary shall con-
2 sider information in the data base established under sub3 section (a) in its household goods compliance and enforce4 ment program.
5
SEC. 4215. REVIEW OF LIABILITY OF CARRIERS.
6
(a) REVIEW.—Not later than 1 year after the date
7 of enactment of this Act, the Surface Transportation
8 Board shall complete a review of the current Federal regu9 lations regarding the level of liability protection provided
10 by motor carriers that provide transportation of household
11 goods and revise such regulations, if necessary, to provide
12 enhanced protection in the case of loss or damage.
13
(b) DETERMINATIONS.—The review required by sub-
14 section (a) shall include a determination of—
15
16
(1) whether the current regulations provide adequate protection;
17
(2) the benefits of purchase by a shipper of in-
18
surance to supplement the carrier’s limitations on li-
19
ability; and
*072805.296*
20
(3) whether there are abuses of the current reg-
21
ulations that leave the shipper unprotected in the
22
event of loss and damage to a shipment of household
23
goods.
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1
SEC. 4216. APPLICATION OF STATE CONSUMER PROTEC-
2
TION LAWS TO CERTAIN HOUSEHOLD GOODS
3
CARRIERS.
4
(a) STUDY.—The Comptroller General shall conduct
5 a study on the current consumer protection authorities
6 and actions of the Department of Transportation and the
7 impact on shippers and carriers of household goods in8 volved in interstate transportation of allowing State attor9 neys general to apply State consumer protection laws to
10 such transportation.
11
(b) MATTERS
TO
BE CONSIDERED.—In conducting
12 the study, the Comptroller General shall consider, at a
13 minimum—
14
(1) the level of consumer protection being pro-
15
vided to consumers through Federal household goods
16
regulations and how household goods regulations re-
17
lating to consumer protection compare to regulations
18
relating to consumer protection for other modes of
19
transportation regulated by the Department of
20
Transportation;
*072805.296*
21
(2) the history and background of State en-
22
forcement of State consumer protection laws on
23
household goods carriers providing intrastate trans-
24
portation and what effects such laws have on the
25
ability of intrastate household goods carriers to op-
26
erate;
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1
(3) what operational impacts, if any, would re-
2
sult on household goods carriers engaged in inter-
3
state commerce being subject to the State consumer
4
protection laws; and
5
(4) the potential for States to regulate rates or
6
other business operations if State consumer protec-
7
tion laws applied to interstate household goods
8
movements.
9
(c) CONSULTATION.—In conducting the study, the
10 Comptroller General shall consult with the Secretary,
11 State attorneys general, consumer protection agencies,
12 and the household goods industry.
13
(d) REPORT.—Not later than 18 months after the
14 date of enactment of this Act, the Comptroller General
15 shall transmit to the Committee of Transportation and In16 frastructure of the House of Representatives and the Com17 mittee on Commerce, Science and Transportation of the
18 Senate a report on the results of the study.
Subtitle C—Unified Carrier
Registration Act of 2005
19
20
*072805.296*
21
SEC. 4301. SHORT TITLE.
22
This subtitle may be cited as the ‘‘Unified Carrier
23 Registration Act of 2005’’.
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1
SEC. 4302. RELATIONSHIP TO OTHER LAWS.
2
Except as provided in section 14504 of title 49,
3 United States Code, and sections 14504a and 14506 of
4 title 49, United States Code, as added by this subtitle,
5 this subtitle is not intended to prohibit any State or any
6 political subdivision of any State from enacting, imposing,
7 or enforcing any law or regulation with respect to a motor
8 carrier, motor private carrier, broker, freight forwarder,
9 or leasing company that is not otherwise prohibited by law.
10
SEC. 4303. INCLUSION OF MOTOR PRIVATE AND EXEMPT
11
CARRIERS.
12
(a) PERSONS REGISTERED
13
TATION OR
SERVICE
AS A
TO
PROVIDE TRANSPOR-
MOTOR CARRIER
OR
MOTOR
14 PRIVATE CARRIER.—Section 13905 of title 49, United
15 States Code, is amended—
16
(1) by redesignating subsections (b), (c), (d),
17
and (e) as subsections (c), (d), (e), and (f), respec-
18
tively; and
19
(2) by inserting after subsection (a) the fol-
20
lowing:
21
‘‘(b) PERSON REGISTERED WITH SECRETARY.—
*072805.296*
22
‘‘(1) IN
GENERAL.—Except
as provided in para-
23
graph (2), any person having registered with the
24
Secretary to provide transportation or service as a
25
motor carrier or motor private carrier under this
26
title, as in effect on January 1, 2005, but not having
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1
registered pursuant to section 13902(a), shall be
2
treated, for purposes of this part, to be registered to
3
provide such transportation or service for purposes
4
of sections 13908 and 14504a.
5
‘‘(2) EXCLUSIVELY
INTRASTATE OPERATORS.—
6
Paragraph (1) does not apply to a motor carrier or
7
motor private carrier (including a transporter of
8
waste or recyclable materials) engaged exclusively in
9
intrastate transportation operations.’’.
10
(b) SECURITY REQUIREMENT.—Section 13906(a) of
11 such title is amended—
12
13
14
15
16
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(2) by inserting after paragraph (1) the following:
‘‘(2) SECURITY
REQUIREMENT.—Not
later than
*072805.296*
17
120 days after the date of enactment of the Unified
18
Carrier Registration Act of 2005, any person, other
19
than a motor private carrier, registered with the
20
Secretary to provide transportation or service as a
21
motor carrier under section 13905(b) shall file with
22
the Secretary a bond, insurance policy, or other type
23
of security approved by the Secretary, in an amount
24
not less than required by sections 31138 and
25
31139.’’.
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1
(c) TERMINATION
OF
TRANSITION RULE.—Section
2 13902 of such title is amended—
3
(1) by adding at the end of subsection (d) the
4
following:
5
‘‘(3)
TERMINATION.—This
subsection
shall
6
cease to be in effect on the transition termination
7
date.’’; and
8
(2) by redesignating subsection (f) as sub-
9
section (g), and inserting after subsection (e) the fol-
10
lowing:
11
‘‘(f) MODIFICATION OF CARRIER REGISTRATION.—
12
13
‘‘(1) IN
GENERAL.—On
and after the transition
termination date, the Secretary—
14
‘‘(A) may not register a motor carrier
15
under this section as a motor common carrier
16
or a motor contract carrier;
17
18
‘‘(B) shall register applicants under this
section as motor carriers; and
*072805.296*
19
‘‘(C) shall issue any motor carrier reg-
20
istered under this section after that date a
21
motor carrier certificate of registration that
22
specifies whether the holder of the certificate
23
may provide transportation of persons, house-
24
hold goods, other property, or any combination
25
thereof.
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1
‘‘(2) PRE-EXISTING
CERTIFICATES AND PER-
2
MITS.—The
3
carrier certificate or permit issued before the transi-
4
tion termination date as a motor carrier certificate
5
of registration. On and after the transition termi-
6
nation date, any person holding a motor carrier cer-
7
tificate of registration redesignated under this para-
8
graph may provide both contract carriage (as de-
9
fined in section 13102(4)(B)) and transportation
10
under terms and conditions meeting the require-
11
ments of section 13710(a)(1). The Secretary may
12
not, pursuant to any regulation or form issued be-
13
fore or after the transition termination date, make
14
any distinction among holders of motor carrier cer-
15
tificates of registration on the basis of whether the
16
holder would have been classified as a common car-
17
rier or as a contract carrier under—
Secretary shall redesignate any motor
18
‘‘(A) subsection (d) of this section, as that
19
section was in effect before the transition termi-
20
nation date; or
*072805.296*
21
‘‘(B) any other provision of this title that
22
was in effect before the transition termination
23
date.
24
‘‘(3) TRANSITION
25
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FINED.—In
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TERMINATION
DATE
DE-
this section, the term ‘transition termi-
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H.L.C.
131
1
nation date’ means the first day of January occur-
2
ring more than 12 months after the date of enact-
3
ment of the Unified Carrier Registration Act of
4
2005.’’.
5
(d) CLERICAL AMENDMENTS.—
6
(1) HEADING
FOR SECTION
13906.—Section
7
13906 of such title is amended by striking the sec-
8
tion designation and heading and inserting the fol-
9
lowing:
10 ‘‘§ 13906. Security of motor carriers, motor private
11
carriers,
12
warders’’.
13
(2) CHAPTER
brokers,
and
ANALYSIS.—The
freight
for-
analysis for
14
chapter 139 of such title is amended by striking the
15
item relating to section 13906 and inserting the fol-
16
lowing:
‘‘13906. Security of motor carriers, motor private carriers, brokers, and freight
forwarders.’’.
17
SEC. 4304. UNIFIED CARRIER REGISTRATION SYSTEM.
18
Section 13908 of title 49, United States Code, is
19 amended to read as follows:
*072805.296*
20 ‘‘§ 13908. Registration and other reforms
21
22
‘‘(a) ESTABLISHMENT
ISTRATION
OF
UNIFIED CARRIER REG-
SYSTEM.—The Secretary, in cooperation with
23 the States, representatives of the motor carrier, motor pri24 vate carrier, freight forwarder, and broker industries and
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H.L.C.
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1 after notice and opportunity for public comment, shall
2 issue within 1 year after the date of enactment of the Uni3 fied Carrier Registration Act of 2005 regulations to estab4 lish an online Federal registration system, to be named
5 the ‘Unified Carrier Registration System’, to replace—
6
‘‘(1) the current Department of Transportation
7
identification number system, the single state reg-
8
istration system under section 14504;
9
‘‘(2) the registration system contained in this
10
chapter and the financial responsibility information
11
system under section 13906; and
12
‘‘(3) the service of process agent systems under
13
sections 503 and 13304.
14
‘‘(b) ROLE AS CLEARINGHOUSE AND DEPOSITORY OF
15 INFORMATION.—The Unified Carrier Registration System
16 shall serve as a clearinghouse and depository of informa17 tion on, and identification of, all foreign and domestic
18 motor carriers, motor private carriers, brokers, freight for19 warders, and others required to register with the Depart20 ment of Transportation, including information with re-
*072805.296*
21 spect to a carrier’s safety rating, compliance with required
22 levels of financial responsibility, and compliance with the
23 provisions of section 14504a. The Secretary shall ensure
24 that Federal agencies, States, representatives of the motor
25 carrier industry, and the public have access to the Unified
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H.L.C.
133
1 Carrier Registration System, including the records and in2 formation contained in the System.
3
4
‘‘(c) PROCEDURES
TION.—Not
CORRECTING INFORMA-
FOR
later than 60 days after the effective date of
5 this section, the Secretary shall prescribe regulations es6 tablishing procedures that enable a motor carrier to cor7 rect erroneous information contained in any part of the
8 Unified Carrier Registration System.
9
‘‘(d) FEE SYSTEM.—The Secretary shall establish,
10 under section 9701 of title 31, a fee system for the Unified
11 Carrier Registration System according to the following
12 guidelines:
13
‘‘(1) REGISTRATION
AND FILING EVIDENCE OF
14
FINANCIAL RESPONSIBILITY.—The
15
istrants shall as nearly as possible cover the costs of
16
processing the registration but shall not exceed
17
$300.
fee for new reg-
*072805.296*
18
‘‘(2)
19
BILITY.—The
20
sponsibility pursuant to this section shall not exceed
21
$10 per filing. No fee shall be charged for a filing
22
for purposes of designating an agent for service of
23
process or the filing of other information relating to
24
financial responsibility.
25
‘‘(3) ACCESS
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EVIDENCE
OF
FINANCIAL
RESPONSI-
fee for filing evidence of financial re-
AND RETRIEVAL FEES.—
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H.L.C.
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1
‘‘(A) IN
GENERAL.—Except
as provided in
2
subparagraph (B), the fee system shall include
3
a nominal fee for the access to or retrieval of
4
information from the Unified Carrier Registra-
5
tion System to cover the costs of operating and
6
upgrading the System, including the personnel
7
costs incurred by the Department and the costs
8
of administration of the unified carrier registra-
9
tion agreement.
10
11
‘‘(B) EXCEPTIONS.—There shall be no fee
charged under this paragraph—
12
‘‘(i) to any agency of the Federal Gov-
13
ernment or a State government or any po-
14
litical subdivision of any such government
15
for the access to or retrieval of information
16
and data from the Unified Carrier Reg-
17
istration System for its own use; or
*072805.296*
18
‘‘(ii) to any representative of a motor
19
carrier, motor private carrier, leasing com-
20
pany, broker, or freight forwarder (as each
21
is defined in section 14504a) for the access
22
to or retrieval of the individual information
23
related to such entity from the Unified
24
Carrier Registration System for the indi-
25
vidual use of such entity.
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H.L.C.
135
1
2
‘‘(e) APPLICATION
ATIONS.—Nothing
CERTAIN INTRASTATE OPER-
TO
in this section requires the registration
3 of a motor carrier, a motor private carrier of property,
4 or a transporter of waste or recyclable materials operating
5 exclusively in intrastate transportation not otherwise re6 quired to register with the Secretary under another provi7 sion of this title.’’.
8
SEC.
4305.
REGISTRATION
9
OF
MOTOR
CARRIERS
BY
STATES.
10
(a) TERMINATION
OF
REGISTRATION PROVISIONS.—
11 Section 14504, and the item relating to such section in
12 the analysis for chapter 145, of title 49, United States
13 Code, are repealed effective on the first January 1st occur14 ring more than 12 months after the date of enactment
15 of this Act.
16
17
(b) UNIFIED CARRIER REGISTRATION SYSTEM PLAN
AND
AGREEMENT.—Chapter 145 of title 49, United
18 States Code is amended by inserting after section 14504
19 the following:
20 ‘‘§ 14504a. Unified Carrier Registration System plan
*072805.296*
21
22
and agreement
‘‘(a) DEFINITIONS.—In this section and section
23 14506, the following definitions apply :
24
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‘‘(1) COMMERCIAL
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MOTOR VEHICLE.—
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H.L.C.
136
1
‘‘(A) IN
GENERAL.—Except
as provided in
2
subparagraph (B), the term ‘commercial motor
3
vehicle’ has the meaning such term has under
4
section 31101.
5
‘‘(B) EXCEPTION.—With respect to a
6
motor carrier required to make any filing or
7
pay any fee to a State with respect to the motor
8
carrier’s authority or insurance related to oper-
9
ation within such State, the motor carrier shall
10
have the option to include, in addition to com-
11
mercial motor vehicles as defined in subpara-
12
graph (A), any self-propelled vehicle used on
13
the highway in commerce to transport pas-
14
sengers or property for compensation regardless
15
of the gross vehicle weight rating of the vehicle
16
or the number of passengers transported by
17
such vehicle.
18
‘‘(2) BASE-STATE.—
19
‘‘(A) IN
GENERAL.—Subject
to subpara-
*072805.296*
20
graph (B), the term ‘base-State’ means, with
21
respect to a unified carrier registration agree-
22
ment, a State—
23
‘‘(i) that is in compliance with the re-
24
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July 28, 2005 (6:15 PM)
quirements of subsection (e); and
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H.L.C.
137
1
‘‘(ii) in which the motor carrier, motor
2
private carrier, broker, freight forwarder,
3
or leasing company to which the agreement
4
applies maintains its principal place of
5
business.
6
‘‘(B) DESIGNATION
OF
BASE-STATE.—A
7
motor carrier, motor private carrier, broker,
8
freight forwarder, or leasing company may des-
9
ignate another State in which it maintains an
10
office or operating facility to be its base-State
11
in the event that—
12
‘‘(i) the State in which the motor car-
13
rier, motor private carrier, broker, freight
14
forwarder, or leasing company maintains
15
its principal place of business is not in
16
compliance with the requirements of sub-
17
section (e); or
*072805.296*
18
‘‘(ii) the motor carrier, motor private
19
carrier, broker, freight forwarder, or leas-
20
ing company does not have a principal
21
place of business in the United States.
22
‘‘(3) INTRASTATE
FEE.—The
term ‘intrastate
23
fee’ means any fee, tax, or other type of assessment,
24
including per vehicle fees and gross receipts taxes,
25
imposed on a motor carrier or motor private carrier
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H.L.C.
138
1
for the renewal of the intrastate authority or insur-
2
ance filings of such carrier with a State.
3
‘‘(4) LEASING
COMPANY.—The
term ‘leasing
4
company’ means a lessor that is engaged in the busi-
5
ness of leasing or renting for compensation motor
6
vehicles without drivers to a motor carrier, motor
7
private carrier, or freight forwarder.
8
‘‘(5) MOTOR
CARRIER.—The
term ‘motor car-
9
rier’ includes all carriers that are otherwise exempt
10
from this part under subchapter I of chapter 135 or
11
exemption actions by the former Interstate Com-
12
merce Commission under this title.
13
‘‘(6) PARTICIPATING
STATE.—The
term ‘par-
14
ticipating State’ means a State that has complied
15
with the requirements of subsection (e).
16
‘‘(7) SSRS.—The term ‘SSRS’ means the sin-
17
gle state registration system in effect on the date of
18
enactment this section.
19
‘‘(8) UNIFIED
CARRIER REGISTRATION AGREE-
*072805.296*
20
MENT.—The
21
agreement’ and ‘UCR agreement’ mean the inter-
22
state agreement developed under the unified carrier
23
registration plan governing the collection and dis-
24
tribution of registration and financial responsibility
25
information provided and fees paid by motor car-
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terms ‘unified carrier registration
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H.L.C.
139
1
riers, motor private carriers, brokers, freight for-
2
warders, and leasing companies pursuant to this sec-
3
tion.
4
‘‘(9) UNIFIED
CARRIER REGISTRATION PLAN.—
5
The terms ‘unified carrier registration plan’ and
6
‘UCR plan’ mean the organization of State, Federal,
7
and industry representatives responsible for devel-
8
oping, implementing, and administering the unified
9
carrier registration agreement.
10
‘‘(10) VEHICLE
REGISTRATION.—The
term ‘ve-
11
hicle registration’ means the registration of any
12
commercial motor vehicle under the International
13
Registration Plan (as defined in section 31701) or
14
any other registration law or regulation of a jurisdic-
15
tion.
16
‘‘(b) APPLICABILITY
OF
PROVISIONS
TO
FREIGHT
17 FORWARDERS.—A freight forwarder that operates com18 mercial motor vehicles and is not required to register as
19 a carrier pursuant to section 13903(b) shall be subject to
20 the provisions of this section as if the freight forwarder
*072805.296*
21 is a motor carrier.
22
‘‘(c) UNREASONABLE BURDEN.—For purposes of
23 this section, it shall be considered an unreasonable burden
24 upon interstate commerce for any State or any political
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H.L.C.
140
1 subdivision of a State, or any political authority of 2 or
2 more States—
3
‘‘(1) to enact, impose, or enforce any require-
4
ment or standards with respect to, or levy any fee
5
or charge on, any motor carrier or motor private
6
carrier providing transportation or service subject to
7
jurisdiction under subchapter I of chapter 135 (in
8
this section referred to as an ‘interstate motor car-
9
rier’ and an ‘interstate motor private carrier’, re-
10
spectively) in connection with—
11
‘‘(A) the registration with the State of the
12
interstate operations of the motor carrier or
13
motor private carrier;
14
‘‘(B) the filing with the State of informa-
15
tion relating to the financial responsibility of
16
the a motor carrier or motor private carrier
17
pursuant to sections 31138 or 31139;
*072805.296*
18
‘‘(C) the filing with the State of the name
19
of the local agent for service of process of the
20
motor carrier or motor private carrier pursuant
21
to sections 503 or 13304; or
22
‘‘(D) the annual renewal of the intrastate
23
authority, or the insurance filings, of the motor
24
carrier or motor private carrier, or other intra-
25
state filing requirement necessary to operate
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H.L.C.
141
1
within the State if the motor carrier or motor
2
private carrier is—
3
‘‘(i) registered under section 13902 or
4
section 13905(b); and
5
‘‘(ii) in compliance with the laws and
6
regulations of the State authorizing the
7
carrier to operate in the State in accord-
8
ance with section 14501(c)(2)(A); except
9
with respect to—
10
‘‘(I) intrastate service provided
11
by motor carriers of passengers that
12
is not subject to the preemption provi-
13
sions of section 14501(a);
14
‘‘(II) motor carriers of property,
15
motor private carriers, brokers, or
16
freight forwarders, or their services or
17
operations, that are described in sub-
18
paragraphs (B) and (C) of section
19
14501(c)(2).
*072805.296*
20
‘‘(III) the intrastate transpor-
21
tation of waste or recyclable materials
22
by any carrier; or
23
‘‘(2) to require any interstate motor carrier or
24
motor private carrier that also performs intrastate
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H.L.C.
142
1
operations to pay any fee or tax which a carrier en-
2
gaged exclusively in interstate operations is exempt.
3
‘‘(d) UNIFIED CARRIER REGISTRATION PLAN.—
4
‘‘(1) BOARD
5
OF DIRECTORS.—
‘‘(A) GOVERNANCE
OF PLAN; ESTABLISH-
6
MENT.—The
7
shall have a board of directors consisting of
8
representatives of the Department of Transpor-
9
tation, participating States, and the motor car-
10
rier industry. The Secretary shall establish the
11
board.
unified carrier registration plan
12
‘‘(B) COMPOSITION.—The board shall con-
13
sist of 15 directors appointed by the Secretary
14
as follows:
15
‘‘(i) FEDERAL
MOTOR CARRIER SAFE-
*072805.296*
16
TY ADMINISTRATION.—One
17
each of the Federal Motor Carrier Safety
18
Administration’s 4 service areas (as those
19
areas were defined by the Federal Motor
20
Carrier Safety Administration on January
21
1, 2005) from among the chief administra-
22
tive officers of the State agencies respon-
23
sible for overseeing the administration of
24
the UCR agreement.
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director from
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H.L.C.
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1
‘‘(ii) STATE
AGENCIES.—Five
direc-
2
tors from the professional staffs of State
3
agencies responsible for overseeing the ad-
4
ministration of the UCR agreement in
5
their respective States. Nominees for these
6
5 directorships shall be submitted to the
7
Secretary by the national association of
8
professional employees of the State agen-
9
cies responsible for overseeing the adminis-
10
tration of the UCR agreement in their re-
11
spective States.
12
‘‘(iii) MOTOR
CARRIER INDUSTRY.—
13
Five directors from the motor carrier in-
14
dustry. At least 1 of the appointees under
15
this clause shall be a representative of a
16
national trade association representing the
17
general motor carrier of property industry.
18
At least 1 of the appointees under this
19
clause shall represent a motor carrier that
20
falls within the smallest fleet fee bracket.
*072805.296*
21
‘‘(iv) DEPARTMENT
OF
TRANSPOR-
22
TATION.—The
23
the Federal Motor Carrier Safety Adminis-
24
tration, or such other presidential ap-
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Deputy Administrator of
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H.L.C.
144
1
pointee from the Department, as the Sec-
2
retary may appoint.
3
‘‘(C)
4
PERSON.—The
5
rector as chairperson and 1 director as vice-
6
chairperson of the board. The chairperson and
7
vice-chairperson shall serve in such capacity for
8
the term of their appointment as directors.
9
CHAIRPERSON
AND
VICE-CHAIR-
Secretary shall designate 1 di-
‘‘(D) TERMS.—
10
‘‘(i) INITIAL
TERMS.—In
appointing
11
the initial board, the Secretary shall des-
12
ignate 5 of the appointed directors for ini-
13
tial terms of 3 years, 5 of the appointed
14
directors for initial terms of 2 years, and
15
5 of the appointed directors for initial
16
terms of 1 year.
*072805.296*
17
‘‘(ii) THEREAFTER.—After the initial
18
term, all directors shall be appointed for
19
terms of 3 years; except that the term of
20
the Deputy Administrator or other indi-
21
vidual designated by the Secretary under
22
subparagraph (B)(iv) shall be at the dis-
23
cretion of the Secretary.
24
‘‘(iii) SUCCESSION.—A director may
25
be appointed to succeed himself or herself.
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H.L.C.
145
1
‘‘(iv) END
OF SERVICE.—A
director
2
may continue to serve on the board until
3
his or her successor is appointed.
4
‘‘(2) RULES
AND
REGULATIONS
GOVERNING
5
THE UCR AGREEMENT.—The
6
issue rules and regulations to govern the UCR
7
agreement. The rules and regulations shall—
8
9
board of directors shall
‘‘(A) prescribe uniform forms and formats,
for—
10
‘‘(i) the annual submission of the in-
11
formation required by a base-State of a
12
motor carrier, motor private carrier, leas-
13
ing company, broker, or freight forwarder;
14
‘‘(ii) the transmission of information
15
by a participating State to the Unified
16
Carrier Registration System;
17
‘‘(iii) the payment of excess fees by a
18
State to the designated depository and the
19
distribution of fees by the depository to
20
those States so entitled; and
*072805.296*
21
‘‘(iv) the providing of notice by a
22
motor
23
broker, freight forwarder, or leasing com-
24
pany to the board of the intent of such en-
25
tity to change its base-State, and the pro-
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carrier,
motor
private
carrier,
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H.L.C.
146
1
cedures for a State to object to such a
2
change under subparagraph (C);
3
‘‘(B) provide for the administration of the
4
unified carrier registration agreement, including
5
procedures for amending the agreement and ob-
6
taining clarification of any provision of the
7
Agreement;
8
‘‘(C) provide procedures for dispute resolu-
9
tion under the agreement that provide due proc-
10
ess for all involved parties; and
11
12
‘‘(D) designate a depository.
‘‘(3) COMPENSATION
13
‘‘(A) IN
AND EXPENSES.—
GENERAL.—Except
for the rep-
14
resentative of the Department appointed under
15
paragraph (1)(B)(iv), no director shall receive
16
any compensation or other benefits from the
17
Federal Government for serving on the board or
18
be considered a Federal employee as a result of
19
such service.
*072805.296*
20
‘‘(B) EXPENSES.—All directors shall be re-
21
imbursed for expenses they incur attending
22
meetings of the board. In addition, the board
23
may approve the reimbursement of expenses in-
24
curred by members of any subcommittee or task
25
force appointed under paragraph (5) for car-
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147
1
rying out the duties of the subcommittee or
2
task force. The reimbursement of expenses to
3
directors and subcommittee and task force
4
members shall be under subchapter II of chap-
5
ter 57 of title 5, United States Code, governing
6
reimbursement of expenses for travel by Fed-
7
eral employees.
8
‘‘(4) MEETINGS.—
9
‘‘(A) IN
GENERAL.—The
board shall meet
10
at least once per year. Additional meetings may
11
be called, as needed, by the chairperson of the
12
board, a majority of the directors, or the Sec-
13
retary.
14
15
‘‘(B) QUORUM.—A majority of directors
shall constitute a quorum.
16
‘‘(C) VOTING.—Approval of any matter be-
17
fore the board shall require the approval of a
18
majority of all directors present at the meeting.
19
‘‘(D) OPEN
MEETINGS.—Meetings
of the
*072805.296*
20
board and any subcommittees or task forces ap-
21
pointed under paragraph (5) shall be subject to
22
the provisions of section 552b of title 5.
23
‘‘(5) SUBCOMMITTEES.—
24
25
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‘‘(A)
INDUSTRY
COMMITTEE.—The
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ADVISORY
SUB-
chairperson shall appoint an
F:\HDM\ROADS\TITLE4_001.XML
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148
1
industry advisory subcommittee. The industry
2
advisory subcommittee shall consider any mat-
3
ter before the board and make recommenda-
4
tions to the board.
5
‘‘(B)
OTHER
SUBCOMMITTEES.—The
6
chairperson
7
committee, a dispute resolution subcommittee,
8
and any additional subcommittees and task
9
forces that the board determines to be nec-
10
shall
appoint
an
audit
sub-
essary.
11
‘‘(C) MEMBERSHIP.—The chairperson of
12
each subcommittee shall be a director. The
13
other members of subcommittees and task
14
forces may be directors or nondirectors.
15
‘‘(D) REPRESENTATION
ON SUBCOMMIT-
*072805.296*
16
TEES.—Except
17
committee (the membership of which shall con-
18
sist solely of representatives of entities subject
19
to the fee requirements of subsection (f)), each
20
subcommittee and task force shall include rep-
21
resentatives of the participating States and the
22
motor carrier industry.
23
‘‘(6) DELEGATION
for the industry advisory sub-
OF AUTHORITY.—The
board
24
may contract with any person or any agency of a
25
State to perform administrative functions required
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1
under the unified carrier registration agreement, but
2
may not delegate its decision or policy-making re-
3
sponsibilities.
4
‘‘(7) DETERMINATION
5
OF FEES.—
‘‘(A) RECOMMENDATION
BY BOARD.—The
6
board shall recommend to the Secretary the ini-
7
tial annual fees to be assessed carriers, leasing
8
companies, brokers, and freight forwarders
9
under the unified carrier registration agree-
10
ment. In making its recommendation to the
11
Secretary for the level of fees to be assessed in
12
any agreement year, and in setting the fee level,
13
the board and the Secretary shall consider—
14
‘‘(i) the administrative costs associ-
15
ated with the unified carrier registration
16
plan and the agreement;
*072805.296*
17
‘‘(ii) whether the revenues generated
18
in the previous year and any surplus or
19
shortage from that or prior years enable
20
the participating States to achieve the rev-
21
enue levels set by the board; and
22
‘‘(iii) the provisions governing fees
23
under in subsection (f)(1).
24
‘‘(B) SETTING
25
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FEES.—The
Secretary shall
set the initial annual fees for the next agree-
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150
1
ment year and any subsequent adjustment of
2
those fees—
3
‘‘(i) within 90 days after receiving the
4
board’s recommendation under subpara-
5
graph (A); and
6
‘‘(ii) after notice and opportunity for
7
8
9
public comment.
‘‘(8) LIABILITY
TORS.—No
PROTECTIONS
FOR
DIREC-
individual appointed to serve on the
10
board shall be liable to any other director or to any
11
other party for harm, either economic or non-eco-
12
nomic, caused by an act or omission of the indi-
13
vidual arising from the individual’s service on the
14
board if—
15
‘‘(A) the individual was acting within the
16
scope of his or her responsibilities as a director;
17
and
*072805.296*
18
‘‘(B) the harm was not caused by willful or
19
criminal misconduct, gross negligence, reckless
20
misconduct, or a conscious, flagrant indiffer-
21
ence to the right or safety of the party harmed
22
by the individual.
23
‘‘(9) INAPPLICABILITY
OF FEDERAL ADVISORY
24
COMMITTEE ACT.—The
25
Act (5 U.S.C. App.) shall not apply to the unified
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1
carrier registration plan, the board, or its commit-
2
tees.
3
‘‘(10) CERTAIN
FEES NOT AFFECTED.—This
4
section does not limit the amount of money a State
5
may charge for vehicle registration or the amount of
6
any fuel use tax a State may impose pursuant to the
7
International Fuel Tax Agreement (as defined in
8
section 31701).
9
‘‘(e) STATE PARTICIPATION.—
10
‘‘(1) STATE
PLAN.—No
State shall be eligible
11
to participate in the unified carrier registration plan
12
or to receive any revenues derived under the UCR
13
agreement, unless the State submits to the Sec-
14
retary, not later than 3 years after the date of en-
15
actment of the Unified Carrier Registration Act of
16
2005, a plan—
*072805.296*
17
‘‘(A) identifying the State agency that has
18
or will have the legal authority, resources, and
19
qualified personnel necessary to administer the
20
agreement in accordance with the rules and reg-
21
ulations promulgated by the board of directors;
22
and
23
‘‘(B) demonstrating that an amount at
24
least equal to the revenue derived by the State
25
from the unified carrier registration agreement
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1
shall be used for motor carrier safety programs,
2
enforcement, or the administration of the UCR
3
plan and UCR agreement.
4
‘‘(2) AMENDED
PLANS.—A
State that submits
5
a plan under this subsection may change the agency
6
designated in the plan by filing an amended plan
7
with the Secretary and the chairperson of the board
8
of directors.
9
‘‘(3) WITHDRAWAL
OF PLAN.—If
a State with-
10
draws, or notifies the Secretary that it is with-
11
drawing, the plan it submitted under this subsection,
12
the State may no longer participate in the unified
13
carrier registration agreement or receive any portion
14
of the revenues derived under the agreement. The
15
Secretary shall notify the chairperson upon receiving
16
notice from a State that it is withdrawing its plan
17
or withdrawing from the agreement, or both.
18
‘‘(4) TERMINATION
OF ELIGIBILITY.—If
a State
*072805.296*
19
fails to submit a plan to the Secretary in accordance
20
with paragraph (1) or withdraws its plan under
21
paragraph (3), the State may not submit or resub-
22
mit a plan or participate in the agreement.
23
‘‘(5) PROVISION
OF PLAN TO CHAIRPERSON.—
24
The Secretary shall provide a copy of each plan sub-
25
mitted under this subsection to the chairperson of
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1
the board of directors not later than 10 days after
2
date of submission of the plan.
3
‘‘(f) CONTENTS
4
TION
OF
UNIFIED CARRIER REGISTRA-
AGREEMENT.—The unified carrier registration
5 agreement shall provide the following:
6
‘‘(1) FEES.—(A) Fees charged—
7
‘‘(i) to a motor carrier, motor private car-
8
rier, or freight forwarder in connection with the
9
filing of proof of financial responsibility under
10
the UCR agreement shall be based on the num-
11
ber of commercial motor vehicles owned or op-
12
erated by the motor carrier, motor private car-
13
rier, or freight forwarder; and
*072805.296*
14
‘‘(ii) to a broker or leasing company in
15
connection with such a filing shall be equal to
16
the smallest fee charged to a motor carrier,
17
motor private carrier, and freight forwarder or
18
under this paragraph.
19
‘‘(B) The fees shall be determined by the Sec-
20
retary based upon the recommendation of the board
21
under subsection (d)(7).
22
‘‘(C) The board shall develop for purposes of
23
charging fees no more than 6 and no less than 4
24
brackets of carriers (including motor private car-
25
riers) based on the size of fleet.
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1
2
‘‘(D) The fee scale shall be progressive in the
amount of the fee.
3
‘‘(E) The board may ask the Secretary to ad-
4
just the fees within a reasonable range on an annual
5
basis if the revenues derived from the fees—
6
‘‘(i) are insufficient to provide the revenues
7
to which the States are entitled under this sec-
8
tion; or
9
10
‘‘(ii) exceed those revenues.
‘‘(2) DETERMINATION
OF OWNERSHIP OR OP-
11
ERATION.—For
12
mercial motor vehicle is owned or operated by a
13
motor carrier, motor private carrier, or freight for-
14
warder if the vehicle is registered under Federal law
15
or State law, or both, in the name of the motor car-
16
rier, motor private carrier, or freight forwarder or is
17
controlled by the motor carrier, motor private car-
18
rier, or freight forwarder under a long term lease
19
during a vehicle registration year.
20
purposes of this subsection, a com-
‘‘(3) CALCULATION
OF NUMBER OF COMMER-
*072805.296*
21
CIAL MOTOR VEHICLES OWNED OR OPERATED.—The
22
number of commercial motor vehicles owned or oper-
23
ated by a motor carrier, motor private carrier, or
24
freight forwarder for purposes of paragraph (1) shall
25
be based either on the number of commercial motor
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155
1
vehicles the motor carrier, motor private carrier, or
2
freight forwarder has indicated it operates on its
3
most recently filed MCS–150 or the total number of
4
such vehicles it owned or operated for the 12-month
5
period ending on June 30 of the year immediately
6
prior to the registration year of the Unified Carrier
7
Registration System. A motor carrier may include in
8
the calculation of its fleet size for purposes of para-
9
graph (1) any commercial motor vehicle. Motor car-
10
riers and motor private carriers in the calculation of
11
their fleet size for purposes of paragraph (1) may
12
elect not to include commercial motor vehicle used
13
exclusively in the intrastate transportation of prop-
14
erty, waste, or recyclable material.
15
‘‘(4) PAYMENT
OF
FEES.—Motor
carriers,
16
motor private carriers, leasing companies, brokers,
17
and freight forwarders shall pay all fees required
18
under this section to their base-State pursuant to
19
the UCR Agreement.
20
‘‘(g) PAYMENT
OF
FEES.—Revenues derived under
*072805.296*
21 the UCR Agreement shall be allocated to participating
22 States as follows:
23
‘‘(1) A State that participated in the SSRS in
24
the last registration year under the SSRS ending be-
25
fore the date of enactment of the Unified Carrier
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156
1
Registration Act of 2005 and complies with sub-
2
section (e) is entitled to receive under this section a
3
portion of the revenues generated under the UCR
4
agreement equivalent to the revenues it received
5
under the SSRS in such last registration year, as
6
long as the State continues to comply with sub-
7
section (e).
8
‘‘(2) A State that collected intrastate registra-
9
tion fees from interstate motor carriers, interstate
10
motor private carriers, or interstate exempt carriers
11
and complies with subsection (e) is entitled to re-
12
ceive under this section an additional portion of the
13
revenues generated under the UCR agreement equiv-
14
alent to the revenues it received from such carriers
15
in the last calendar year ending before the date of
16
enactment of the Unified Carrier Registration Act of
17
2005, as long as the State continues to comply with
18
subsection (e).
*072805.296*
19
‘‘(3) States that comply with subsection (e) but
20
did not participate in SSRS during such last reg-
21
istration year shall be entitled under this section to
22
an annual allotment not to exceed $500,000 from
23
the revenues generated under the UCR agreement,
24
as long as the State continues to comply with the
25
provisions of subsection (e).
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1
‘‘(4) The amount of revenues generated under
2
the UCR agreement to which a State is entitled
3
under this section shall be calculated by the board
4
and approved by the Secretary.
5
‘‘(h) DISTRIBUTION
6
OF
UCR AGREEMENT REVE-
NUES.—
7
‘‘(1) ELIGIBILITY.—Each State that is in com-
8
pliance with subsection (e) shall be entitled under
9
this section to a portion of the revenues derived
10
from the UCR Agreement in accordance with sub-
11
section (g).
12
‘‘(2) ENTITLEMENT
TO REVENUES.—A
State
*072805.296*
13
that is in compliance with subsection (e) may retain
14
an amount of the gross revenues it collects from
15
motor carriers, motor private carriers, brokers,
16
freight forwarders and leasing companies under the
17
UCR agreement equivalent to the portion of reve-
18
nues to which the State is entitled under subsection
19
(g). All revenues a participating State collects in ex-
20
cess of the amount to which the State is so entitled
21
shall be forwarded to the depository designated by
22
the board under subsection (d)(2)(D).
23
24
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‘‘(3) DISTRIBUTION
TORY.—The
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excess funds deposited in the depository
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H.L.C.
158
1
shall be distributed by the board of directors as fol-
2
lows:
3
‘‘(A) On a pro rata basis to each partici-
4
pating State that did not collect revenues under
5
the UCR agreement equivalent to the amount
6
such State is entitled under subsection (g), ex-
7
cept that the sum of the gross revenues col-
8
lected under the UCR agreement by a partici-
9
pating State and the amount distributed to it
10
from the depository shall not exceed the amount
11
to which the State is entitled under subsection
12
(g).
*072805.296*
13
‘‘(B) After all distributions under subpara-
14
graph (A) have been made, to pay the adminis-
15
trative costs of the UCR plan and the UCR
16
agreement.
17
‘‘(4)
18
FUNDS.—Any
19
after distributions and payments under paragraphs
20
(3)(A) and (3)(B) shall be retained in the deposi-
21
tory, and the fees charged under the UCR agree-
22
ment to motor carriers, motor private carriers, leas-
23
ing companies, freight forwarders, and brokers for
24
the next fee year shall be reduced by the Secretary
25
accordingly.
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RETENTION
OF
CERTAIN
EXCESS
excess funds held by the depository
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159
1
2
‘‘(i) ENFORCEMENT.—
‘‘(1) CIVIL
ACTIONS.—Upon
request by the Sec-
3
retary, the Attorney General may bring a civil action
4
in the United States district court described in para-
5
graph (2) to enforce an order issued to require com-
6
pliance with this section and with the terms of the
7
UCR agreement.
8
‘‘(2) VENUE.—An action under this section
9
may be brought only in a United States district
10
court in the State in which compliance with the
11
order is required.
12
‘‘(3) RELIEF.—Subject to section 1341 of title
13
28, the court, on a proper showing shall issue a tem-
14
porary restraining order or a preliminary or perma-
15
nent injunction requiring that the State or any per-
16
son comply with this section.
17
18
‘‘(4) ENFORCEMENT
BY STATES.—Nothing
in
this section—
*072805.296*
19
‘‘(A) prohibits a participating State from
20
issuing citations and imposing reasonable fines
21
and penalties pursuant to the applicable laws
22
and regulations of the State on any motor car-
23
rier, motor private carrier, freight forwarder,
24
broker, or leasing company for failure to—
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160
1
‘‘(i) submit information documents as
2
required under subsection (d)(2); or
3
‘‘(ii) pay the fees required under sub-
4
section (f); or
5
‘‘(B) authorizes a State to require a motor
6
carrier, motor private carrier, or freight for-
7
warder to display as evidence of compliance any
8
form of identification in excess of those per-
9
mitted under section 14506 on or in a commer-
10
cial motor vehicle.
11
‘‘(j) APPLICATION
TO INTRASTATE
CARRIERS.—Not-
12 withstanding any other provision of this section, a State
13 may elect to apply the provisions of the UCR agreement
14 to motor carriers and motor private carriers and freight
15 forwarders subject to its jurisdiction that operate solely
16 in intrastate commerce within the borders of the State.’’.
17
(c) CLERICAL AMENDMENT.—The analysis for such
18 chapter is amended by inserting after the item relating
19 to section 14504 the following:
‘‘14504a. Unified Carrier Registration System plan and agreement.’’.
20
SEC. 4306. IDENTIFICATION OF VEHICLES.
*072805.296*
21
(a) IN GENERAL.—Chapter 145 of title 49, United
22 States Code; is amended by adding at the end the fol23 lowing:
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161
1 ‘‘§ 14506. Identification of vehicles
2
‘‘(a) RESTRICTION
ON
REQUIREMENTS.—No State,
3 political subdivision of a State, interstate agency, or other
4 political agency of 2 or more States may enact or enforce
5 any law, rule, regulation standard, or other provision hav6 ing the force and effect of law that requires a motor car7 rier, motor private carrier, freight forwarder, or leasing
8 company to display any form of identification on or in a
9 commercial motor vehicle (as defined in section 14504a),
10 other than forms of identification required by the Sec11 retary of Transportation under section 390.21 of title 49,
12 Code of Federal Regulations.
13
‘‘(b) EXCEPTION.—Notwithstanding subsection (a), a
14 State may continue to require display of credentials that
15 are required—
16
17
18
19
‘‘(1) under the International Registration Plan
under section 31704;
‘‘(2) under the International Fuel Tax Agreement under section 31705;
*072805.296*
20
‘‘(3) under a State law regarding motor vehicle
21
license plates or other displays that the Secretary
22
determines are appropriate;
23
‘‘(4) in connection with Federal requirements
24
for hazardous materials transportation under section
25
5103; or
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1
‘‘(5) in connection with the Federal vehicle in-
2
spection standards under section 31136.’’.
3
(b) CLERICAL AMENDMENT.—The analysis for such
4 chapter is amended by inserting after the item relating
5 to section 14505 the following:
‘‘14506. Identification of vehicles.’’.
6
SEC. 4307. USE OF UCR AGREEMENT REVENUES AS MATCH-
7
ING FUNDS.
8
(a) IN GENERAL.—Section 31103(a) of title 49,
9 United States Code, is amended—
10
(1) by striking ‘‘31102(b)(1)(D)’’ inserting
11
‘‘31102(b)(1)(E)’’; and
12
(2) by inserting ‘‘Amounts generated under the
13
unified carrier registration agreement under section
14
14504a and received by a State and used for motor
15
carrier safety purposes may be included as part of
16
the State’s share not provided by the United
17
States.’’ after ‘‘United States Government.’’.
18
(b) TECHNICAL CORRECTION.—Sections 31102(b)(3)
19 of such title is amended by striking ‘‘paragraph (1)(D)’’
20 and inserting ‘‘paragraph (1)(E)’’.
*072805.296*
21
SEC. 4308. REGULATIONS.
22
The Secretary may issue such regulations as the Sec-
23 retary determines are necessary to carry out this subtitle
24 and the amendments made by this subtitle.
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163
Subtitle D—Miscellaneous
Provisions
1
2
3
SEC. 4401. TECHNICAL ADJUSTMENT.
4
(a) DEFINITIONS.—In this section the following defi-
5 nitions:
6
7
8
9
10
(1) The term ‘‘Administrator’’ means the Administrator of General Services.
(2) The term ‘‘donee’’ means the corporation to
which the Administrator donated the vessel.
(3) The term ‘‘vessel’’ means the vessel with
11
Unit Identification number 13862.
12
(b) TRANSFER.—Not later than 30 days after the
13 date of enactment of this Act, the donee shall transfer all
14 of the rights, title, and interest of the donee in and to
15 the vessel to the Administrator.
16
(c) FUTURE CONVEYANCE.—Within 30 days after
17 the transfer of the vessel under subsection (b), the Admin18 istrator shall remove the vessel to a Federal facility. With19 in 60 days after the date of the transfer of the vessel
20 under subsection (b), the Administrator shall sell the ves-
*072805.296*
21 sel for fair market value. The Administrator shall require
22 as a condition of any conveyance of the vessel that the
23 vessel shall not be used within the United States, as de24 fined in section 2101(44) of title 46, United States Code,
25 or within the territorial sea of the United States as de-
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1 scribed in Presidential Proclamation No. 5928 of Decem2 ber 27, 1988. The donee shall not be required to pay any
3 amounts for removing the vessel to a Federal facility
4 under this subsection.
5
(d) EFFECT
ON
PENDING LAWSUITS.—Nothing in
6 this section shall have any effect on any lawsuit relating
7 to transfer or use of the vessel.
8
(e) AUTHORIZATION
OF
APPROPRIATIONS.—There is
9 authorized to be appropriated to the Secretary $4,000,000
10 for a grant to the donee. The Secretary shall transfer any
11 funds appropriated under this subsection to the Secretary
12 of the Interior, who shall obligate such funds through in13 struments and procedures that are equivalent to the in14 struments and procedures required to be used by the Bu15 reau of Indian Affairs pursuant to title IV of the Indian
16 Self-Determination and Education Assistance Act (25
17 U.S.C. 458aa et seq.). Amounts paid to the donee under
18 this section shall be treated as revenues originating from
19 the Alaska Native Fund for purposes of section 21(a) of
20 the Alaska Native Claims Settlement Act (43 U.S.C.
*072805.296*
21 1602(a)).
22
SEC. 4402. TRANSFER.
23
Section 407(b) of the Coast Guard Authorization Act
24 of 1998 (112 Stat. 3430) is amended—
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1
(1) by striking ‘‘made—’’ and all that follows
2
through ‘‘(1) subject’’ and inserting ‘‘made subject’’;
3
and
4
(2) by striking ‘‘; and’’ and all that follows and
5
6
inserting a period.
SEC. 4403. EXTENSION OF ASSISTANCE.
7
Section 206(c) of Public Law 89–702 (16 U.S.C.
8 1166(c)) is amended—
9
(1) by striking ‘‘for fiscal years 2001, 2002,
10
2003, 2004, and 2005’’ the first place it it appears;
11
and
12
(2) in paragraph (1) by inserting ‘‘, for fiscal
13
years 2001, 2002, 2003, 2004, 2005, 2006, and
14
2007’’ after ‘‘subsection (a)’’.
15
SEC. 4404. DESIGNATIONS.
16
(a) DESIGNATION.—In the States of Alaska and Ha-
17 waii, members of the State legislature may serve on the
18 policy board of a metropolitan planning organization des19 ignated under section 134 of title 23, United States Code,
20 if such service is allowed by State law.
*072805.296*
21
(b) REDESIGNATION.—In the States of Alaska and
22 Hawaii, a metropolitan planning organization designated
23 under section 134 of title 23, United Sates Code, may be
24 redesignated as a result of changes in State law that de-
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1 fine new requirements for the metropolitan planning orga2 nization policy board.
3
SEC. 4405. LIMITED EXCEPTION.
4
Section 44704(a) of title 49, United States Code is
5 amended—
6
(1) in paragraph (1) by striking ‘‘The’’ the first
7
place it appears and inserting ‘‘ISSUANCE,
8
TIGATIONS, AND TESTS.—The’’;
9
10
(2) in paragraph (2) by striking ‘‘The’’ and inserting ‘‘SPECIFICATIONS.—The’’;
11
(3) in paragraph (3) by striking ‘‘If’’ and in-
12
serting ‘‘SPECIAL
13
APPLIANCES.—Except
14
if’’;
15
INVES-
RULES FOR NEW AIRCRAFT AND
as provided in paragraph (4),
(4) by adding at the end the following:
16
‘‘(4) LIMITATION
FOR AIRCRAFT MANU-
*072805.296*
17
FACTURED
18
graph (3) shall not apply to a person who began
19
the manufacture of an aircraft before August 5,
20
2004, and who demonstrates to the satisfaction
21
of the Administrator that such manufacture
22
began before August 5, 2004, if the name of
23
the holder of the type certificate for the aircraft
24
does not appear on the airworthiness certificate
25
or identification plate of the aircraft. The hold-
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BEFORE
AUGUST
5,
2004.—Para-
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H.L.C.
167
1
er of the type certificate for the aircraft shall
2
not be responsible for the continued airworthi-
3
ness of the aircraft. A person may invoke the
4
exception provided by this paragraph with re-
5
gard to the manufacture of only one aircraft.’’;
6
(5) by indenting paragraph (1); and
7
(6) by aligning the left margin of paragraphs
8
(1), (2), and (3) with the left margin of paragraph
9
(4) (as added by paragraph (4) of this section.)
10
SEC. 4406. AIRPORT LAND AMENDMENT.
11
(a) RELEASE
OF
REVERTER CONDITION.—The Sec-
12 retary of the Interior shall execute such instruments as
13 are necessary to release the condition on a portion of land
14 situated adjacent to the community of Beaver, Alaska,
15 conveyed pursuant to Patent No. 50–69–0130 and dated
16 August 23, 1968, requiring that such land reverts to the
17 United States if the land is not used for airport purposes.
18 The Secretary shall ensure that the release executed pur19 suant to this subsection—
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20
(1) applies only to approximately 33 acres of
21
land identified as tracts II through VI of the Beaver
22
Airport, a part of U.S. Survey No. 3798, Alaska (re-
23
ferred to in this section as the ‘‘community expan-
24
sion land’’);
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1
(2) is without any requirement for receipt of
2
fair market value for the release and conveyance of
3
the conditions otherwise applicable to the community
4
expansion land; and
5
(3) is contingent on the conveyance by the
6
State of Alaska of the community expansion land to
7
the Beaver Kwit’chin Corporation, the Village Cor-
8
poration of the village of Beaver, Alaska.
9
(b)
RECONVEYANCE.—The
Beaver
Kwit’chin
10 Corporation—
11
(1) shall reconvey to any individual who cur-
12
rently occupies a portion of the land referred to in
13
subsection (a) or successor in interest to such an in-
14
dividual, all right, title, and interest of the Kwit’chin
15
Corporation in and to such land as is currently occu-
16
pied;
17
(2) may subsequently—
18
(A) convey the remaining land to other in-
19
dividuals or persons for community expansion
20
purposes; or
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21
(B) retain the remaining land in whole or
22
23
in part for community uses.
SEC. 4407. RIGHTS-OF-WAY.
24
Notwithstanding any other provision of law, the re-
25 ciprocal rights-of-way and easements identified on the
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169
1 map numbered 92337 and dated June 15, 2005, are here2 by enacted into law.
3
SEC. 4408. RIALTO MUNICIPAL AIRPORT.
4
(a) FINDINGS.—Congress finds that—
5
(1) Rialto Municipal Airport/Art Scholl Memo-
6
rial Airport (Rialto Municipal Airport) is a general
7
aviation airport located within a 20-mile radius of
8
10 other general aviation airports;
9
(2) Rialto Municipal Airport is located approxi-
10
mately 8.5 nautical miles from the former Norton
11
Air Force Base which was selected for closure by the
12
Base Realignment and Closure Commission in 1988
13
and was closed in 1994;
14
(3) there has been a significant decline in based
15
aircraft and aviation operations at Rialto Municipal
16
Airport due to the unexpected impact of increased
17
capacity in the immediate vicinity of the airport;
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18
(4) the transfer of Rialto Municipal Airport’s
19
operations, assets and liabilities is supported by the
20
general aviation operators at the airport and will not
21
compromise service or safety; and
22
(5) the closure of Rialto Municipal Airport shall
23
be in compliance with applicable federal laws and
24
regulations.
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1
(b) IN GENERAL.—Notwithstanding any law, regula-
2 tion or grant assurance, but subject to the requirements
3 of this section, the United States shall release all restric4 tions, conditions, and limitations on the use, encumbrance,
5 conveyance, or closure of the Rialto Municipal Airport, in
6 Rialto, California, to the extent such restrictions, condi7 tions, and limitations are enforceable by the United
8 States.
9
(c) CONDITIONS.—A release under subsection (b)
10 shall be subject to the following conditions:
11
(1) Upon conveyance of the land or transfer of
12
any interest or rights of use or occupancy of the
13
land—
14
(A) the city of Rialto will pay the United
15
States 45 percent of the current fair market
16
value of the property, and this amount shall be
17
used for projects eligible under chapter 471 of
18
title 49, United States Code, at a commercial
19
airport—
*072805.296*
20
(i) for which a certificate is issued
21
under part 139 of title 14, Code of Federal
22
Regulations;
23
(ii) that is located within 10 nautical
24
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miles of Rialto Municipal Airport; and
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171
1
(iii) that was included on the Depart-
2
ment of Defense base closure list of 1988;
3
(B) the remaining 55 percent of the fair
4
market value referred to in subparagraph (A)
5
shall be retained by the city of Rialto;
6
(C) the city shall pay to the United States
7
90 percent of the unamortized portion of any
8
Federal development grant for airport facilities
9
other than land, amortized over a 20-year term,
10
with interest. These funds shall be payable over
11
a period of 5 years and deposited into the Air-
12
port and Airway Trust Fund and available for
13
projects eligible under chapter 471 of title 49,
14
United States Code.
15
(2) The United States will not be responsible
16
for any environmental cleanup of any land with re-
17
spect to which such release is made.
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18
(3) All airport and aviation-related equipment
19
located at Rialto Municipal Airport and owned by
20
the city of Rialto before the date of the release will
21
be transferred to a commercial airport referred to in
22
paragraph (1)(A).
23
SEC. 4409. CONFORMING AMENDMENTS.
24
Section 218 of title 23, United States Code, is
25 amended—
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172
1
(1) in subsection (a) by striking ‘‘prior to the
2
date of the enactment of the reauthorization of the
3
Transportation Equity Act for the 21st Century’’;
4
and
5
(2) by adding at the end the following:
6
‘‘(c) For purposes of this section, the term ‘Alaska
7 Marine Highway System’ includes all existing or planned
8 transportation facilities and equipment in Alaska, includ9 ing the lease, purchase, or construction of vessels, termi10 nals, docks, floats, ramps, staging areas, parking lots,
11 bridges and approaches thereto, and necessary roads.’’.
12
SEC. 4410. RALPH M. BARTHOLOMEW VETERANS’ MEMO-
13
14
RIAL BRIDGE.
(a) DESIGNATION.—The bridge joining the Island of
15 Gravina to the community of Ketchican, Alaska, con16 structed pursuant to section 144(g)(1)(E) of title 23,
17 United States Code, is designated as the ‘‘Ralph M. Bar18 tholomew Veterans’ Memorial Bridge’’.
19
(b) REFERENCES.—Any reference in law, map, regu-
20 lation, document, paper, or other record of the United
*072805.296*
21 States to the bridge referred to in subsection (a) shall be
22 deemed to be a reference to the ‘‘Ralph M. Bartholomew
23 Veterans’ Memorial Bridge’’.
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H.L.C.
173
1
SEC. 4411. DON YOUNG’S WAY.
2
(a) DESIGNATION.—The Knik Arm bridge in Alaska
3 to be planned, designed, and constructed pursuant to sec4 tion 117 of title 23, United States Code, as high priority
5 project number 2465 under section 1702 of this Act, is
6 designated as ‘‘Don Young’s Way’’.
7
(b) REFERENCES.—Any reference in law, map, regu-
8 lation, document, paper, or other record of the United
9 States to the bridge referred to in subsection (a) shall be
10 deemed to be a reference to ‘‘Don Young’s Way’’.
11
SEC. 4412. QUALITY BANK ADJUSTMENTS.
12
13
(a) DEFINITION
MENTS.—In
OF
TAPS QUALITY BANK ADJUST-
this section, the term ‘‘TAPS quality bank
14 adjustments’’ means monetary adjustments paid by or to
15 a shipper of oil on the Trans Alaska Pipeline System
16 through the operation of a quality bank to compensate for
17 the value of the oil of the shipper that is commingled in
18 the Pipeline.
19
20
(b) PROCEEDINGS.—
(1) IN
GENERAL.—In
a proceeding commenced
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21
before the date of enactment of this Act, the Federal
22
Energy Regulatory Commission may not order retro-
23
active changes in TAPS quality bank adjustments
24
for any period before February 1, 2000.
25
26
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(2) PROCEEDINGS
COMMENCED
DATE OF ENACTMENT.—In
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AFTER
THE
a proceeding commenced
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H.L.C.
174
1
after the date of enactment of this Act, the Commis-
2
sion may not order retroactive changes in TAPS
3
quality bank adjustments for any period that ex-
4
ceeds the 15-month period immediately preceding
5
the earliest date of the first order of the Federal En-
6
ergy Regulatory Commission imposing quality bank
7
adjustments in the proceeding.
8
(c) DEADLINE FOR CLAIMS.—
9
(1) IN
GENERAL.—A
claim relating to a quality
10
bank under this section shall be filed with the Fed-
11
eral Energy Regulatory Commission not later than
12
2 years after the date on which the claim arose.
13
(2) FINAL
ORDER.—Not
later than 15 months
14
after the date on which a claim is filed under para-
15
graph (1), the Federal Energy Regulatory Commis-
16
sion shall issue a final order with respect to the
17
claim.
18
SEC. 4413. TECHNICAL AMENDMENT.
19
Section 5006(d) of Public Law 101–380 is amended
20 by inserting ‘‘annual’’ before ‘‘amount’’.
*072805.296*
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| File Type | application/pdf |
| File Modified | 2006-02-14 |
| File Created | 2005-07-28 |