[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1567 Placed on Calendar Senate (PCS)]
Calendar No. 192
109th CONGRESS
1st Session
S. 1567
[Report No. 109-120]
To reauthorize and improve surface transportation safety programs, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2005
Mr. Stevens, from the Committee on Commerce, Science, and
Transportation, reported the following original bill; which was read
twice and placed on the calendar
_______________________________________________________________________
A BILL
To reauthorize and improve surface transportation safety programs, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Safety
Improvement Act of 2005''.
SEC. 2. AMENDMENT OF UNITED STATES CODE.
(a) Amendment of Title 49.--Except as otherwise specifically
provided, whenever in this Act an amendment is expressed in terms of an
amendment to a section or other provision of law, the reference shall
be considered to be made to a section or other provision of title 49,
United States Code.
(b) Amendment of Title 23.--Except as otherwise expressly provided,
whenever in subtitle A of title II of this Act an amendment or repeal
is expressed in terms of an amendment to, or a repeal of, a section or
other provision, the reference shall be considered to be made to a
section or other provision of title 23, United States Code.
SEC. 3. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Amendment of United States Code.
Sec. 3. Table of contents.
TITLE I--MOTOR CARRIER SAFETY
Subtitle A--Motor Carriers
Sec. 101. Short title.
Sec. 102. Contract authority.
Sec. 103. Authorization of appropriations.
Sec. 104. High risk carrier compliance reviews.
Sec. 105. Overdue reports, studies, and rulemakings.
Sec. 106. Amendments to the listed reports, studies, and rulemaking
proceedings.
Sec. 107. Motor carrier safety grants.
Sec. 108. Technical corrections.
Sec. 109. Penalty for denial of access to records.
Sec. 110. Medical program.
Sec. 111. Operation of commercial motor vehicles by individuals who use
insulin to treat diabetes mellitus.
Sec. 112. Financial responsibility for private motor carriers.
Sec. 113. Increased penalties for out-of-service violations and false
records.
Sec. 114. Intrastate operations of interstate motor carriers.
Sec. 115. Authority to stop commercial motor vehicles.
Sec. 116. Revocation of operating authority.
Sec. 117. Pattern of safety violations by motor carrier management.D23/
Sec. 118. Motor carrier research and technology program.
Sec. 119. International cooperation.
Sec. 120. Performance and registration information system management.
Sec. 121. Commercial vehicle information systems and networks
deployment.
Sec. 122. Outreach and education.
Sec. 123. Foreign commercial motor vehicles.
Sec. 124. Pre-employment safety screening.
Sec. 125. Office of intermodalism.
Sec. 126. Decals.
Sec. 127. Roadability.
Sec. 128. Motor carrier regulations
Subtitle B--Unified Carrier Registration
Sec. 131. Short title.
Sec. 132. Relationship to other laws.
Sec. 133. Inclusion of motor private and exempt carriers.
Sec. 134. Unified carrier registration system.
Sec. 135. Registration of motor carriers by States.
Sec. 136. Identification of vehicles.
Sec. 137. Use of UCR agreement revenues as matching funds.
Subtitle C--Commercial Driver's Licenses
Sec. 151. CDL task force.
Sec. 152. CDL learner's permit program.
Sec. 153. Grants to States for commercial driver's license
improvements.
Sec. 154. Modernization of CDL information system.
TITLE II--HIGHWAY AND VEHICULAR SAFETY
Sec. 201. Short title.
Subtitle A--Highway Safety Grant Program
Sec. 211. Short title.
Sec. 212. Authorization of appropriations.
Sec. 213. Highway safety programs.
Sec. 214. Highway safety research and outreach programs.
Sec. 215. National highway safety advisory committee technical
correction.
Sec. 216. Occupant protection grants.
Sec. 217. Older driver safety; law enforcement training.
Sec. 218. Emergency medical services.
Sec. 219. Repeal of authority for alcohol traffic safety programs.
Sec. 220. Impaired driving program.
Sec. 221. State traffic safety information system improvements.
Sec. 222. NHTSA accountability.
Sec. 223. Grants for improving child passenger safety programs.
Sec. 224. Motorcyclist safety training and motorist awareness programs.
Subtitle B--Specific Vehicle Safety-Related Rulings
Sec. 251. Vehicle rollover prevention and crash mitigation.
Sec. 252. Side-impact crash protection rulemaking.
Sec. 253. Tire research.
Sec. 254. Vehicle backover avoidance technology study.
Sec. 255. Nontraffic incident data collection.
Sec. 256. Safety belt use reminders.
Sec. 257. Amendment of Automobile Information Disclosure Act.
Sec. 258. Power window switches.
Sec. 259. 15-passenger van safety.
Sec. 260. Authorization of appropriations.D23/D23/
TITLE III--HAZARDOUS MATERIALS
Sec. 301. Short title.
Subtitle A--General Authorities on Transportation of Hazardous
Materials
Sec. 321. Purpose.
Sec. 322. Definitions.
Sec. 323. General regulatory authority.
Sec. 324. Limitation on issuance of hazmat licenses.
Sec. 325. Background checks for drivers hauling hazardous materials.
Sec. 326. Representation and tampering.
Sec. 327. Transporting certain material.
Sec. 328. Hazmat employee training requirements and grants.
Sec. 329. Registration.
Sec. 330. Shipping papers and disclosure.
Sec. 331. Rail tank cars.
Sec. 332. Unsatisfactory safety ratings.
Sec. 333. Training curriculum for the public sector.
Sec. 334. Planning and training grants; emergency preparedness fund.
Sec. 335. Special permits and exclusions.
Sec. 336. Uniform forms and procedures.
Sec. 337. Hazardous materials transportation safety and security.
Sec. 338. Enforcement.
Sec. 339. Civil penalties.
Sec. 340. Criminal penalties.
Sec. 341. Preemption.
Sec. 342. Relationship to other laws.
Sec. 343. Judicial review.
Sec. 344. Authorization of appropriations.
Sec. 345. Additional civil and criminal penalties.
Sec. 346. Technical corrections.
Subtitle B--Other Matters
Sec. 361. Administrative authority for Pipeline and Hazardous Materials
Safety Administration.
Sec. 362. Mailability of hazardous materials.
Sec. 363. Criminal matters.
Sec. 364. Cargo inspection program.
Sec. 365. Information on hazmat registrations.
Sec. 366. Report on applying hazardous materials regulations to persons
who reject hazardous materials.
Sec. 367. National first responder transportation incident response
system.
Sec. 368. Hazmat transportation plan exemption for farmers.
Sec. 369. Welded rail and tank car safety improvements.
Sec. 370. Report regarding impact on public safety of train travel in
communities without grade separation.
Sec. 371. Hazardous materials cooperative research program.
Subtitle C--Sanitary Food Transportation
Sec. 381. Short title.
Sec. 382. Responsibilities of the Secretary of Health and Human
Services.
Sec. 383. Department of Transportation requirements.
Sec. 384. Effective date.
TITLE IV--HOUSEHOLD GOODS MOVERS
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Payment of rates.
Sec. 404. Household goods carrier operations.
Sec. 405. Liability of carriers under receipts and bills of lading.
Sec. 406. Arbitration requirements.
Sec. 407. Enforcement of regulations related to transportation of
household goods.
Sec. 408. Working group for development of practices and procedures to
enhance Federal-State relations.
Sec. 409. Information about household goods transportation on carriers'
websites.
Sec. 410. Consumer complaints.
Sec. 411. Review of liability of carriers.
Sec. 412. Civil penalties relating to household goods brokers.
Sec. 413. Civil and criminal penalty for failing to give up possession
of household goods.
Sec. 414. Progress report.
Sec. 415. Additional registration requirements for motor carriers of
household goods.
TITLE V--SPORTFISHING AND RECREATIONAL BOATING SAFETY
Sec. 501. Short title.
Subtitle A--Federal Aid in Sport Fish Restoration Act Amendments
Sec. 511. Amendment of Federal Aid in Sport Fish Restoration Act.
Sec. 512. Authorization of appropriations.
Sec. 513. Division of annual appropriations.
Sec. 514. Maintenance of projects.
Sec. 515. Boating infrastructure.
Sec. 516. Requirements and restrictions concerning use of amounts for
expenses for administration.
Sec. 517. Payments of funds to and cooperation with Puerto Rico, the
District of Columbia, Guam, American Samoa,
the Commonwealth of the Northern Mariana
Islands, and the Virgin Islands.
Sec. 518. Multistate conservation grant program.
Sec. 519. Expenditures from boat safety account.
Subtitle B--Clean Vessel Act Amendments
Sec. 531. Grant program.
Subtitle C--Recreational Boating Safety Program Amendments
Sec. 551. State matching funds requirement.
Sec. 552. Availability of allocations.
Sec. 553. Authorization of appropriations for State recreational
boating safety programs.
Sec. 554. Maintenance of effort for State recreational boating safety
programs.
TITLE I--MOTOR CARRIER SAFETY
Subtitle A--Motor Carriers
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``Motor Carrier Safety
Reauthorization Act of 2005''.
SEC. 102. CONTRACT AUTHORITY.
Authorizations from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this subtitle shall be available for
obligation on the date of their apportionment or allocation or on
October 1 of the fiscal year for which they are authorized, whichever
occurs first. Approval by the Secretary of a grant with funds made
available under this title imposes upon the United States Government a
contractual obligation for payment of the Government's share of costs
incurred in carrying out the objectives of the grant.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
(a) Administrative Expenses.--Section 31104 is amended by adding at
the end the following:
``(i) Administrative expenses.--
``(1) There are authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) for
the Secretary of Transportation to pay administrative expenses
of the Federal Motor Carrier Safety Administration--
``(A) $211,400,000 for fiscal year 2006;
``(B) $217,500,000 for fiscal year 2007;
``(C) $222,600,000 for fiscal year 2008; and
``(D) $228,500,000 for fiscal year 2009.
``(2) The funds authorized by this subsection shall be used
for personnel costs; administrative infrastructure; rent;
information technology; programs for research and technology,
information management, regulatory development (including a
medical review board and rules for medical examiners),
performance and registration information system management, and
outreach and education; other operating expenses and similar
matters; and such other expenses as may from time to time
become necessary to implement statutory mandates not funded
from other sources.
``(3) The amounts made available under this section shall
remain available until expended.''.
(b) Grant Programs.--There are authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) for the
following Federal Motor Carrier Safety Administration programs:
(1) Border enforcement grants under section 31107 of title
49, United States Code--
(A) $33,000,000 for fiscal year 2006;
(B) $34,000,000 for fiscal year 2007;
(C) $35,000,000 for fiscal year 2008; and
(D) $36,000,000 for fiscal year 2009.
(2) Performance and registration information system
management grant program under 31109 of title 49, United States
Code, $4,000,000 for each of fiscal years 2006 through 2009.
(3) Commercial driver's license and driver improvement
program grants under section 31318 of title 49, United States
Code--
(A) $23,000,000 for fiscal year 2006;
(B) $23,000,000 for fiscal year 2007;
(C) $24,000,000 for fiscal year 2008; and
(D) $25,000,000 for fiscal year 2009.
(4) For carrying out the commercial vehicle information
systems and networks deployment program established under
section 31151 of title 49, United States Code, $25,000,000 for
each of fiscal years 2006 through 2009.
(c) Motor Carrier Safety Account.--Funds made available under
subsection (a) shall be administered in the account established in the
Treasury entitled ``Motor Carrier Safety Operations and Program 69-
8159-0-7-401'' and the funds made available under subsection (b) shall
be administered in the account established in the Treasury entitled
``Motor Carrier Safety Grants 69-8158-0-7-401''.
(d) Period of Availability.--The amounts made available under
subsection (b) of this section shall remain available until expended.
SEC. 104. HIGH RISK CARRIER COMPLIANCE REVIEWS.
From the funds authorized by section 31104(i)(1) of title 49,
United States Code, the Secretary of Transportation shall ensure that
compliance reviews are completed on motor carriers that have
demonstrated through performance data that they pose the highest safety
risk. At a minimum, compliance reviews shall be conducted whenever a
motor carrier is rated as category A or B for 2 consecutive months.
SEC. 105. OVERDUE REPORTS, STUDIES, AND RULEMAKINGS.
(a) Requirement for Completion.--Within 6 months after the date of
enactment of this Act, the Secretary of Transportation shall transmit
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure a schedule for the completion of the following reports,
studies, and rulemaking proceedings:
(1) Motor Carrier Replacement Information and Registration
System, section 103, ICC Termination Act of 1995.
(2) General Jurisdiction Over Freight Forwarder Service,
section 13531, ICC Termination Act of 1995.
(3) Performance-based CDL Testing, section 4019,
Transportation Equity Act for the Twenty-First Century.
(4) Improved Flow of Driver History Pilot Program, section
4022, Transportation Equity Act for the Twenty-First Century.
(5) Employee Protections, section 4023, Transportation
Equity Act for the Twenty-First Century.
(6) Federal Motor Carrier Safety Administration 2010
Strategy, section 104, Motor Carrier Safety Improvement Act of
1999.
(7) New Motor Carrier Entrant Requirements, section 210,
Motor Carrier Safety Improvement Act of 1999.
(8) Certified Motor Carrier Safety Auditors, section 211,
Motor Carrier Safety Improvement Act of 1999.
(9) Medical Certificate, section 215, Motor Carrier Safety
Improvement Act of 1999.
(10) Truck Crash Causation Study, section 224, Motor
Carrier Safety Improvement Act of 1999.
(b) Final Rule Required.--Unless specifically otherwise permitted
by law, rulemaking proceedings shall be considered completed for
purposes of this section only when the Secretary has issued a final
rule and the docket for the rulemaking proceeding is closed or the
rulemaking proceeding is withdrawn or terminated and the docket closed
without further action.
(c) Schedule for Completion.--The Secretary shall transmit a
revised schedule, indicating progress made in completing the reports,
studies, and rulemaking proceedings reported under subsection (a) every
6 months after the first such report under subsection (a) until they
are completed. The Inspector General of the Department of
Transportation shall make an annual determination as to whether the
schedule is being met.
(e) Completion of New Rulemaking Proceedings.--Nothing in this
section delays or changes the deadlines specified for new reports,
studies, or rulemaking mandates contained in this title.
(f) Report of Other Agency Actions.--Within 12 months after the
date of enactment of this Act, the Secretary shall submit to the Senate
Committee on Commerce, Science, and Transportation and to the House
Committee on Transportation and Infrastructure a report on the status
of the following projects:
(1) Rescinding the current regulation which prohibits truck
and bus drivers from viewing television and monitor screens
while operating commercial vehicles.
(2) Consolidating Out-Of-Service Criteria regulations
enforced by the Federal Motor Carrier Safety Administration.
(3) Revision of the safety fitness rating system of motor
carriers.
(4) Amendment of Federal Motor Carrier Safety
Administration rules of practice for conducting motor carrier
administrative proceedings, investigations, disqualifications,
and for issuing penalties.
(5) Requiring commercial drivers to have a sufficient
functional speaking and reading comprehension of the English
language.
SEC. 106. AMENDMENTS TO THE LISTED REPORTS, STUDIES, AND RULEMAKING
PROCEEDINGS.
In addition to completing the reports, studies, and rulemaking
proceedings listed in section 105(a), the Secretary of Transportation
shall--
(1) cause the Interim Final Rule addressing New Motor
Carrier Entrant Requirements to be amended so as to require
that a safety audit be immediately converted to a compliance
review and appropriate enforcement actions be taken if the
safety audit discloses acute safety violations by the new
entrant; and
(2) ensure that Federal motor carrier safety regulations
that apply to interstate operations of commercial motor
vehicles designed to transport between 9 and 15 passengers
(including the driver) apply to all interstate operations of
such carries regardless of the distance traveled.
SEC. 107. MOTOR CARRIER SAFETY GRANTS.
(a) Motor Carrier Safety Assistance Program.--
(1) Section 31102 is amended--
(A) by striking ``activities by fiscal year 2000;''
in subsection (b)(1)(A) and inserting ``activities for
commercial motor vehicles of passengers and freight;'';
(B) by striking ``years before December 18, 1991;''
in subsection (b)(1)(E) and inserting ``years'';
(C) by striking ``and'' after the semicolon in
subsection (b)(1)(S);
(D) by striking ``personnel.'' in subsection
(b)(1)(T) and inserting ``personnel;'';
(E) adding at the end of subsection (b)(1) the
following:
``(U) ensures that inspections of motor carriers of
passengers are conducted at stations, terminals, border
crossings, or maintenance facilities, except in the case of an
imminent or obvious safety hazard;
``(V) provides that the State will include in the training
manual for the licensing examination to drive a non-commercial
motor vehicle and a commercial motor vehicle, information on
best practices for driving safely in the vicinity of commercial
motor vehicles and in the vicinity of non-commercial vehicles,
respectively; and
``(W) provides that the State will enforce the registration
requirements of section 13902 by suspending the operation of
any vehicle discovered to be operating without registration or
beyond the scope of its registration.''; and
(F) by striking subsection (c) and inserting the
following:
``(c) Use of Grants To Enforce Other Laws.--A State may use amounts
received under a grant under subsection (a) of this section for the
following activities:
``(1) If the activities are carried out in conjunction with
an appropriate inspection of the commercial motor vehicle to
enforce Government or State commercial motor vehicle safety
regulations--
``(A) enforcement of commercial motor vehicle size
and weight limitations at locations other than fixed
weight facilities, at specific locations such as steep
grades or mountainous terrains where the weight of a
commercial motor vehicle can significantly affect the
safe operation of the vehicle, or at ports where
intermodal shipping containers enter and leave the
United States; and
``(B) detection of the unlawful presence of a
controlled substance (as defined under section 102 of
the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 802)) in a commercial motor vehicle
or on the person of any occupant (including the
operator) of the vehicle.
``(2) Documented enforcement of State traffic laws and
regulations designed to promote the safe operation of
commercial motor vehicles, including documented enforcement of
such laws and regulations against non-commercial motor vehicles
when necessary to promote the safe operation of commercial
motor vehicles.''.
(2) Section 31103(b) is amended--
(A) by inserting ``(1)'' after ``activities.--'';
and
(B) by adding at the end the following:
``(2) New entrant motor carrier audit funds.--From the
amounts designated under section 31104(f)(4), the Secretary may
allocate new entrant motor carrier audit funds to States and
local governments without requiring a matching contribution
from such States or local governments.''.
(3) Section 31104(a) is amended to read as follows:
``(a) In General.--There are authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) to carry out
section 31102:
``(1) Not more than $193,620,000 for fiscal year 2006.
``(2) Not more than $197,490,000 for fiscal year 2007.
``(3) Not more than $201,440,000 for fiscal year 2008.
``(4) Not more than $205,470,000 for fiscal year 2009.''.
(4) Section 31104(f) is amended by striking paragraph (2)
and inserting the following:
``(2) High-priority activities.--The Secretary may
designate up to $15,000,000 for each of fiscal years 2006
through 2009 from amounts available for allocation under
paragraph (1) for States, local governments, and organizations
representing government agencies or officials for carrying out
high priority activities and projects that improve commercial
motor vehicle safety and compliance with commercial motor
vehicle safety regulations, including activities and projects
that are national in scope, increase public awareness and
education, or demonstrate new technologies, and will reduce the
number and rate of accidents involving commercial motor
vehicles. The amounts designated under this paragraph shall be
allocated by the Secretary to State agencies, local
governments, and organizations representing government agencies
or officials that use and train qualified officers and
employees in coordination with State motor vehicle safety
agencies. The Secretary shall establish safety performance
criteria to be used to distribute high priority program funds.
At least 80 percent of the amounts designated under this
paragraph shall be awarded to State agencies and local
government agencies.
``(3) New entrant audits.--The Secretary shall designate up
to $29,000,000 of the amounts available for allocation under
paragraph (1) for audits of new entrant motor carriers
conducted pursuant to 31144(f). The Secretary may withhold such
funds from a State or local government that is unable to use
government employees to conduct new entrant motor carrier
audits, and may instead utilize the funds to conduct audits in
those jurisdictions.
``(4) CDLIS modernization.--The Secretary may designate up
to $2,000,000 for fiscal year 2006 and up to $6,000,000 for
fiscal years 2007 through 2009 from amounts available for
allocation under paragraph (1) for commercial driver's license
information system modernization under section 31309(f).''.
(b) Grants to States for Border Enforcement.--Section 31107 is
amended to read as follows:
``Sec. 31107. Border enforcement grants
``(a) General Authority.--From the funds authorized by section
103(b)(1) of the Motor Carrier Safety Reauthorization Act of 2005, the
Secretary may make a grant in a fiscal year to a State that shares a
border with another country for carrying out border commercial motor
vehicle safety programs and related enforcement activities and
projects.
``(b) Maintenance of Expenditures.--The Secretary may make a grant
to a State under this section only if the State agrees that the total
expenditure of amounts of the State and political subdivisions of the
State, exclusive of United States Government amounts, for carrying out
border commercial motor vehicle safety programs and related enforcement
activities and projects will be maintained at a level at least equal to
the average level of that expenditure by the State and political
subdivisions of the State for the last 2 State or Federal fiscal years
before October 1, 2005.''.
(c) Noncompliance With CDL Requirements.--Section 31314 is amended
by inserting ``up to'' after ``withhold'' in subsections (a) and (b).
(d) Conforming Amendments.--(1) The chapter analysis for chapter
311 is amended--
(A) by striking the item relating to Subchapter I, and
inserting the following:
``SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS'';
and
(B) by striking the item relating to section 31107, and
inserting the following:
``31107. Border enforcement grants.''.
(2) Subchapter I of chapter 311 is amended by striking the
subchapter heading and inserting the following:
``SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS''
SEC. 108. TECHNICAL CORRECTIONS.
(a) Jurisdiction of Court of Appeals Over Commercial Motor Vehicle
Safety Regulation and Operators and Motor Carrier Safety.--Section
2342(3)(A) of title 28, United States Code, is amended by striking
``subtitle IV'' and inserting ``subtitle IV, subchapter III of chapter
311, chapter 313, or chapter 315''.
(b) Judicial Review.--Section 351(a) is amended to read as follows:
``(a) Judicial Review.--An action of the Secretary of
Transportation in carrying out a duty or power transferred under the
Department of Transportation Act (Public Law 89-670; 80 Stat. 931), or
an action of the Administrator of the Federal Railroad Administration,
Federal Motor Carrier Safety Administration, or the Federal Aviation
Administration in carrying out a duty or power specifically assigned to
the Administrator by that Act, may be reviewed judicially to the same
extent and in the same way as if the action had been an action by the
department, agency, or instrumentality of the United States Government
carrying out the duty or power immediately before the transfer or
assignment.''.
(c) Authority To Carry Out Certain Transferred Duties and Powers.--
Section 352 is amended to read as follows:
``Sec. 352. Authority to carry out certain transferred duties and
powers
``In carrying out a duty or power transferred under the Department
of Transportation Act (Public Law 89-670; 80 Stat. 931), the Secretary
of Transportation and the Administrators of the Federal Railroad
Administration, the Federal Motor Carrier Safety Administration, and
the Federal Aviation Administration have the same authority that was
vested in the department, agency, or instrumentality of the United
States Government carrying out the duty or power immediately before the
transfer. An action of the Secretary or Administrator in carrying out
the duty or power has the same effect as when carried out by the
department, agency, or instrumentality.''.
(d) Transfer of Provision.--
(1) Section 345 of Public Law 104-59 is transferred to
subchapter III of chapter 311 of title 49, United States Code,
redesignated as section 31149, and inserted after section 31148
as section 31149. Section 31149, as transferred by the
preceding sentence, is amended--
(A) by conforming the section heading to the style
and format of the section headings in chapter 311 of
title 49, United States Code;
(B) by striking ``of title 49, United States
Code,'' in subsections (a)(1), (a)(5), and (e)(4); and
(C) by striking subsection (f).
(2) The chapter analysis for chapter 311 is amended by
inserting after the item relating to section 31148 the
following:
``31149. Exemptions from requirements relating to commercial motor
vehicles and their operators.''.
(e) Elimination of Commodity and Service Exemptions.--
(1) Section 13506(a) is amended--
(A) by striking paragraphs (6), (11), (12), (13),
and (15);
(B) by redesignating paragraphs (7), (8), (9),
(10), and (14) as paragraphs (6), (7), (8), (9) and
(10), respectively;
(C) by inserting ``or'' after the semicolon in
paragraph (9), as redesignated; and
(D) striking ``13904(d); or'' in paragraph (10), as
redesignated, and inserting ``14904(d).''.
(2) Section 13507 is amended by striking ``(6), (8), (11),
(12), or (13)'' and inserting ``(6)''.
SEC. 109. PENALTY FOR DENIAL OF ACCESS TO RECORDS.
Section 521(b)(2) is amended by adding at the end the following:
``(E) Copying of records and access to equipment, lands, and
buildings.--A motor carrier subject to chapter 51 of subtitle III, a
motor carrier, broker, or freight forwarder subject to part B of
subtitle IV, or the owner or operator of a commercial motor vehicle
subject to part B of subtitle VI of this title who fails to allow the
Secretary, or an employee designated by the Secretary, promptly upon
demand to inspect and copy any record or inspect and examine equipment,
lands, buildings and other property in accordance with sections 504(c),
5121(c), and 14122(b) of this title shall be liable to the United
States for a civil penalty not to exceed $500 for each offense, and
each day the Secretary is denied the right to inspect and copy any
record or inspect and examine equipment, lands, buildings and other
property shall constitute a separate offense, except that the total of
all civil penalties against any violator for all offenses related to a
single violation shall not exceed $5,000. It shall be a defense to such
penalty that the records did not exist at the time of the Secretary's
request or could not be timely produced without unreasonable expense or
effort. Nothing herein amends or supersedes any remedy available to the
Secretary under sections 502(d), 507(c), or other provision of this
title.''.
SEC. 110. MEDICAL PROGRAM.
(a) In General.--Subchapter III of chapter 311, as amended by
section 108(d) of this title, is amended by adding at the end the
following:
``Sec. 31150. Medical program
``(a) Medical Review Board.--
``(1) Establishment and function.--The Secretary of
Transportation shall establish a Medical Review Board to
provide the Federal Motor Carrier Safety Administration with
medical advice and recommendations on driver qualification
medical standards and guidelines, medical examiner education,
and medical research.
``(2) Composition.--The Medical Review Board shall be
appointed by the Secretary and shall consist of 5 members
selected from medical institutions and private practice. The
membership shall reflect expertise in a variety of specialties
relevant to the functions of the Federal Motor Carrier Safety
Administration.
``(b) Chief Medical Examiner.--The Secretary shall appoint a chief
medical examiner who shall be an employee of the Federal Motor Carrier
Safety Administration according to the SL schedule.
``(c) Medical Standards and Requirements.--
``(1) In general.-- The Secretary, with the advice of the
Medical Review Board and the chief medical examiner, shall--
``(A) establish, review, and revise--
``(i) medical standards for applicants for
and holders of commercial driver's licenses
that will ensure that the physical condition of
operators of commercial motor vehicles is
adequate to enable them to operate the vehicles
safely;
``(ii) requirements for periodic physical
examinations of such operators performed by
medical examiners who have successfully
completed training in physical and medical
examination standards and are listed on a
national registry maintained by the Department
of Transportation; and
``(B) issue certificates to such holders and
applicants that have been found, upon examination, to
be physically qualified to operate a commercial motor
vehicle and to meet applicable medical standards unless
the authority to issue certificates has been delegated
to medical examiners under subparagraph (d)(2) of this
section;
``(C) require each holder of a commercial driver's
license or learner's permit who operates a commercial
vehicle in interstate commerce to have a current valid
medical certificate;
``(D) conduct periodic reviews of a select number
of medical examiners on the national registry to ensure
that proper examinations of applicants and holders are
being conducted;
``(E) develop, as appropriate, specific courses and
materials for medical examiners listed in the national
registry established under this section, and require
those medical examiners to complete specific training,
including refresher courses, to be listed in the
registry;
``(F) require medical examiners to transmit the
name of the applicant and numerical identifier, as
determined by the Administrator, for any completed
medical examination report required under section
391.43 of title 49, Code of Federal Regulations,
electronically to the Chief Medical Examiner on monthly
basis; and
``(G) periodically review a representative sample
of the medical examination reports associated with the
name and numerical identifiers of applicants
transmitted under subparagraph (F) for errors,
omissions, or other indications of improper
certification.
``(2) Monitoring performance.--The Secretary shall
investigate patterns of errors or improper certification by a
medical examiner. If the Secretary finds that a medical
examiner has issued a medical certificate to an applicant or
holder who fails to meet the applicable standards at the time
of the examination, such a medical examiner may be removed from
the registry and the medical certificate of the applicant or
holder may be deemed void.
``(d) National Registry of Medical Examiners.--The Secretary,
through the Federal Motor Carrier Safety Administration--
``(1) shall establish and maintain a current national
registry of medical examiners who are qualified to perform
examinations and issue medical certificates;
``(2) shall delegate to those examiners the authority to
issue such certificates upon successfully completing the
required training;
``(3) shall remove from the registry the name of any
medical examiner that fails to meet or maintain the
qualifications established by the Secretary for being listed in
the registry or otherwise does not meet the requirements of
this section or regulation issued there under; and
``(4) shall accept as valid only medical certificates
issued by persons on the national registry of medical
examiners.
``(e) Regulations.--The Secretary is authorized to promulgate such
regulations as may be necessary to carry out this section.''.
(b) Medical Examiners.-- Section 31136(a)(3) is amended to read as
follows:
``(3) the physical condition of operators of commercial
motor vehicles is adequate to enable them to operate the
vehicles safely, and the periodic physical examinations
required of such operators are performed by medical examiners
who have received training in physical and medical examination
standards and are listed on a national registry maintained by
the Department of Transportation; and''.
(c) Definition of Medical Examiner.--Section 31132 is amended--
(1) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) `medical examiner' means an individual licensed,
certified, or registered in accordance with regulations issued
by the Federal Motor Carrier Safety Administration as a medical
examiner.''.
(d) Funding.--Amounts made available pursuant to section
31104(i)(1) of title 49, United States Code, shall be used by the
Secretary to carry out section 31150 of title 49, United States Code.
(e) Conforming Amendment.--The chapter analysis for chapter 311, as
amended by section 108(d) of this title, is amended by inserting after
the item relating to section 31149 the following:
``31150. Medical program.''.
(f) Effective Date.--The amendment made by subsection (a) shall
take effect 1 year after the date of enactment of this Act.
SEC. 111. OPERATION OF COMMERCIAL MOTOR VEHICLES BY INDIVIDUALS WHO USE
INSULIN TO TREAT DIABETES MELLITUS.
(a) Revision of Final Rule.--Not later than 90 days after the date
of the enactment of this Act, the Secretary shall revise the final rule
to allow individuals who use insulin to treat their diabetes to operate
commercial motor vehicles in interstate commerce. The revised final
rule shall provide for the individual assessment of applicants who use
insulin to treat their diabetes and who are, except for their use of
insulin, otherwise qualified under the Federal Motor Carrier Safety
Regulations. The revised final rule shall be consistent with the
criteria described in section 4018 of the Transportation Equity Act for
the 21st Century (49 U.S.C. 31305 note) and shall conclude the
rulemaking process in the Federal Motor Carrier Safety Administration
docket relating to qualifications of drivers with diabetes.
(b) No History of Driving While Using Insulin Required for
Qualification.--The Secretary may not require individuals to have
experience operating commercial motor vehicles while using insulin in
order to qualify to operate a commercial motor vehicle in interstate
commerce.
(c) History of Diabetes Control.--The Secretary may require an
individual to have used insulin for a minimum period of time and
demonstrated stable control of diabetes in order to qualify to operate
a commercial motor vehicle in interstate commerce. Any such
requirement, including any requirement with respect to the duration of
such insulin use, shall be consistent with the findings of the expert
medical panel reported in July 2000 in ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate Commercial Motor Vehicles in Interstate
Commerce as Directed by the Transportation Equity Act for the 21st
Century''.
(d) Applicable Standard.--The Secretary shall ensure that
individuals who use insulin to treat their diabetes are not held to a
higher standard than other qualified commercial drivers, except to the
extent that limited operating, monitoring, or medical requirements are
deemed medically necessary by experts in the field of diabetes
medicine.
SEC. 112. FINANCIAL RESPONSIBILITY FOR PRIVATE MOTOR CARRIERS.
(a) Transportation of Passengers.--
(1) Section 31138(a) is amended to read as follows:
``(a) General Requirement.--The Secretary of Transportation shall
prescribe regulations to require minimum levels of financial
responsibility sufficient to satisfy liability amounts established by
the Secretary covering public liability and property damage for the
transportation of passengers by motor vehicle in the United States
between a place in a State and--
``(1) a place in another State;
``(2) another place in the same State through a place
outside of that State; or
``(3) a place outside the United States.''.
(2) Section 31138(c) is amended by adding at the end the
following:
``(4) The Secretary may require a person, other than a
motor carrier as defined in section 13102(12) of this title,
transporting passengers by motor vehicle to file with the
Secretary the evidence of financial responsibility specified in
subsection (c)(1) of this section in an amount not less than
that required by this section, and the laws of the State or
States in which the person is operating, to the extent
applicable. The extent of the financial responsibility must be
sufficient to pay, not more than the amount of the financial
responsibility, for each final judgment against the person for
bodily injury to, or death of, an individual resulting from the
negligent operation, maintenance, or use of motor vehicles, or
for loss or damage to property, or both.''.
(b) Transportation of Property.--Section 31139 is amended--
(1) by striking so much of subsection (b) as precedes
paragraph (2) and inserting the following:
``(b) General Requirements and Minimum Amount.--
``(1) The Secretary of Transportation shall prescribe
regulations to require minimum levels of financial
responsibility sufficient to satisfy liability amounts
established by the Secretary covering public liability,
property damage, and environmental restoration for the
transportation of property by motor vehicle in the United
States between a place in a State and--
``(A) a place in another State;
``(B) another place in the same State through a
place outside of that State; or
``(C) a place outside the United States.'';
(2) by aligning the left margin of paragraph (2) of
subsection (b) with the left margin of paragraph (1) of that
subsection (as amended by paragraph (1) of this subsection);
and
(3) by redesignating subsection (c) through (g) as
subsections (d) through (h), respectively, and inserting after
subsection (b) the following:
``(c) Filing of Evidence of Financial Responsibility.--The
Secretary may require a motor private carrier, as defined in section
13102 of this title, to file with the Secretary the evidence of
financial responsibility specified in subsection (b) of this section in
an amount not less than that required by this section, and the laws of
the State or States in which the motor private carrier is operating, to
the extent applicable. The amount of the financial responsibility must
be sufficient to pay, not more than the amount of the financial
responsibility, for each final judgment against the motor private
carrier for bodily injury to, or death of, an individual resulting from
negligent operation, maintenance, or use of motor vehicles, or for loss
or damage to property, or both.''.
SEC. 113. INCREASED PENALTIES FOR OUT-OF-SERVICE VIOLATIONS AND FALSE
RECORDS.
(a) Section 521(b)(2)(B) is amended to read as follows:
``(B) Recordkeeping and reporting violations.--A person
required to make a report to the Secretary, answer a question,
or make, prepare, or preserve a record under section 504 of
this title or under any regulation issued by the Secretary
pursuant to subchapter III of chapter 311 (except sections
31138 and 31139) or section 31502 of this title about
transportation by motor carrier, motor carrier of migrant
workers, or motor private carrier, or an officer, agent, or
employee of that person--
``(i) who does not make that report, does not
specifically, completely, and truthfully answer that
question in 30 days from the date the Secretary
requires the question to be answered, or does not make,
prepare, or preserve that record in the form and manner
prescribed by the Secretary, shall be liable to the
United States for a civil penalty in an amount not to
exceed $1,000 for each offense, and each day of the
violation shall constitute a separate offense, except
that the total of all civil penalties assessed against
any violator for all offenses related to any single
violation shall not exceed $10,000; or
``(ii) who knowingly falsifies, destroys,
mutilates, or changes a required report or record,
knowingly files a false report with the Secretary,
knowingly makes or causes or permits to be made a false
or incomplete entry in that record about an operation
or business fact or transaction, or knowingly makes,
prepares, or preserves a record in violation of a
regulation or order of the Secretary, shall be liable
to the United States for a civil penalty in an amount
not to exceed $10,000 for each violation, if any such
action can be shown to have misrepresented a fact that
constitutes a violation other than a reporting or
recordkeeping violation.''.
(b) Section 31310(i)(2) is amended to read as follows:
``(2) The Secretary shall prescribe regulations
establishing sanctions and penalties related to violations of
out-of-service orders by individuals operating commercial motor
vehicles. The regulations shall require at least that--
``(A) an operator of a commercial motor vehicle
found to have committed a first violation of an out-of-
service order shall be disqualified from operating such
a vehicle for at least 180 days and liable for a civil
penalty of at least $2,500;
``(B) an operator of a commercial motor vehicle
found to have committed a second violation of an out-
of-service order shall be disqualified from operating
such a vehicle for at least 2 years and not more than 5
years and liable for a civil penalty of at least
$5,000;
``(C) an employer that knowingly allows or requires
an employee to operate a commercial motor vehicle in
violation of an out-of-service order shall be liable
for a civil penalty of not more than $25,000; and
``(D) an employer that knowingly and willfully
allows or requires an employee to operate a commercial
motor vehicle in violation of an out-of-service order
shall, upon conviction, be subject for each offense to
imprisonment for a term not to exceed 1 year or a fine
under title 18, United States Code, or both.''.
SEC. 114. INTRASTATE OPERATIONS OF INTERSTATE MOTOR CARRIERS.
(a) Subsection (a) of section 31144 is amended to read as follows:
``(a) In General.--The Secretary shall--
``(1) determine whether an owner or operator is fit to
operate safely commercial motor vehicles, utilizing among other
things the accident record of an owner or operator operating in
interstate commerce and the accident record and safety
inspection record of such owner or operator in operations that
affect interstate commerce within the United States, and in
Canada and Mexico if the owner or operator also conducts
operations within the United States;
``(2) periodically update such safety fitness
determinations;
``(3) make such final safety fitness determinations readily
available to the public; and
``(4) prescribe by regulation penalties for violations of
this section consistent with section 521.''.
(b) Subsection (c) of section 31144 is amended by adding at the end
the following:
``(5) Transportation affecting interstate commerce.--Owners
or operators of commercial motor vehicles prohibited from
operating in interstate commerce pursuant to paragraphs (1)
through (3) of this section may not operate any commercial
motor vehicle that affects interstate commerce until the
Secretary determines that such owner or operator is fit.''.
(c) Section 31144 is amended by redesignating subsections (d), (e),
and the second subsection (c) as subsections (e), (f), and (g),
respectively, and inserting after subsection (c) the following:
``(d) Determination of Unfitness by a State.--If a State that
receives Motor Carrier Safety Assistance Program funds pursuant to
section 31102 of this title determines, by applying the standards
prescribed by the Secretary under subsection (b) of this section, that
an owner or operator of commercial motor vehicles that has its
principal place of business in that State and operates in intrastate
commerce is unfit under such standards and prohibits the owner or
operator from operating such vehicles in the State, the Secretary shall
prohibit the owner or operator from operating such vehicles in
interstate commerce until the State determines that the owner or
operator is fit.''.
SEC. 115. AUTHORITY TO STOP COMMERCIAL MOTOR VEHICLES.
(a) In General.--Chapter 2 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 39. Commercial motor vehicles required to stop for inspections
``(a) A driver of a commercial motor vehicle, as defined in section
31132(1) of title 49, shall stop and submit to inspection of the
vehicle, driver, cargo, and required records when directed to do so by
an authorized employee of the Federal Motor Carrier Safety
Administration, Department of Transportation, at or in the vicinity of
an inspection site. The driver shall not leave the inspection site
until authorized to do so by an authorized employee.
``(b) A driver of a commercial motor vehicle, as defined in
subsection (a), who knowingly fails to stop for inspection when
directed to do so by an authorized employee of the Federal Motor
Carrier Safety Administration at or in the vicinity of an inspection
site, or leaves the inspection site without authorization, shall be
fined under this title or imprisoned not more than 1 year, or both.''.
(b) Authority of FMCSA.--Chapter 203 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 3064. Powers of Federal Motor Carrier Safety Administration
``Authorized employees of the Federal Motor Carrier Safety
Administration may direct a driver of a commercial motor vehicle, as
defined in 49 U.S.C. 31132(1), to stop for inspection of the vehicle,
driver, cargo, and required records at or in the vicinity of an
inspection site.''.
(c) Conforming Amendments.--
(1) The chapter analysis for chapter 2 of title 18, United
States Code, is amended by inserting after the item relating to
section 38 the following:
``39. Commercial motor vehicles required to stop for inspections.''.
(2) The chapter analysis for chapter 203 of title 18,
United States Code, is amended by inserting after the item
relating to section 3063 the following:
``3064. Powers of Federal Motor Carrier Safety Administration.''.
SEC. 116. REVOCATION OF OPERATING AUTHORITY.
Section 13905(e) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Protection of safety.--Notwithstanding subchapter II
of chapter 5 of title 5, the Secretary--
``(A) may suspend the registration of a motor
carrier, a freight forwarder, or a broker for failure
to comply with requirements of the Secretary pursuant
to section 13904(c) or 13906 of this title, or an order
or regulation of the Secretary prescribed under those
sections; and
``(B) shall revoke the registration of a motor
carrier that has been prohibited from operating in
interstate commerce for failure to comply with the
safety fitness requirements of section 31144 of this
title.'';
(2) by striking ``may suspend a registration'' in paragraph
(2) and inserting ``shall revoke the registration''; and
(3) by striking paragraph (3) and inserting the following:
``(3) Notice; period of suspension.--The Secretary may
suspend or revoke under this subsection the registration only
after giving notice of the suspension or revocation to the
registrant. A suspension remains in effect until the registrant
complies with the applicable sections or, in the case of a
suspension under paragraph (2), until the Secretary revokes the
suspension.''.
SEC. 117. PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER MANAGEMENT.
(a) In General.--Section 31135 is amended--
(1) by inserting ``(a) In General.--'' before ``Each''; and
(2) by adding at the end the following:
``(b) Pattern of Non-Compliance.--If an officer of a motor carrier
engages in a pattern or practice of avoiding compliance, or masking or
otherwise concealing non-compliance, with regulations on commercial
motor vehicle safety prescribed under this subchapter, the Secretary
may suspend, amend, or revoke any part of the motor carrier's
registration under section 13905 of this title.
``(c) Regulations.--Within 1 year after the date of enactment of
the Motor Carrier Safety Reauthorization Act of 2005, the Secretary
shall by regulation establish standards to implement subsection (b).
``(d) Definitions.--In this section:
``(1) Motor carrier.--The term `motor carrier' has the
meaning given the term in section 13102(12) of this title.
``(2) Officer.--The term `officer' means an owner,
director, chief executive officer, chief operating officer,
chief financial officer, safety director, vehicle maintenance
supervisor, and driver supervisor of a motor carrier,
regardless of the title attached to those functions, and any
person, however designated, exercising controlling influence
over the operations of the motor carrier.''.
(b) Cross-Reference.--Section 13902(a)(1)(B) is amended to read as
follows:
``(B) any safety regulations imposed by the Secretary, the
duties of employers and employees established by the Secretary
under section 31135, and the safety fitness requirements
established by the Secretary under section 31144; and''.
SEC. 118. MOTOR CARRIER RESEARCH AND TECHNOLOGY PROGRAM.
(a) In General.--Section 31108 is amended to read as follows:
``Sec. 31108. Motor carrier research and technology program
``(a) Research, Technology, and Technology Transfer Activities.--
``(1) The Secretary of Transportation shall establish and
carry out a motor carrier and motor coach research and
technology program. The Secretary may carry out research,
development, technology, and technology transfer activities
with respect to--
``(A) the causes of accidents, injuries and
fatalities involving commercial motor vehicles; and
``(B) means of reducing the number and severity of
accidents, injuries and fatalities involving commercial
motor vehicles.
``(2) The Secretary may test, develop, or assist in testing
and developing any material, invention, patented article, or
process related to the research and technology program.
``(3) The Secretary may use the funds appropriated to carry
out this section for training or education of commercial motor
vehicle safety personnel, including, but not limited to,
training in accident reconstruction and detection of controlled
substances or other contraband, and stolen cargo or vehicles.
``(4) The Secretary may carry out this section--
``(A) independently;
``(B) in cooperation with other Federal
departments, agencies, and instrumentalities and
Federal laboratories; or
``(C) by making grants to, or entering into
contracts, cooperative agreements, and other
transactions with, any Federal laboratory, State
agency, authority, association, institution, for-profit
or non-profit corporation, organization, foreign
country, or person.
``(5) The Secretary shall use funds made available to carry
out this section to develop, administer, communicate, and
promote the use of products of research, technology, and
technology transfer programs under this section.
``(b) Collaborative Research and Development.--
``(1) To advance innovative solutions to problems involving
commercial motor vehicle and motor carrier safety, security,
and efficiency, and to stimulate the deployment of emerging
technology, the Secretary may carry out, on a cost-shared
basis, collaborative research and development with--
``(A) non-Federal entities, including State and
local governments, foreign governments, colleges and
universities, corporations, institutions, partnerships,
and sole proprietorships that are incorporated or
established under the laws of any State; and
``(B) Federal laboratories.
``(2) In carrying out this subsection, the Secretary may
enter into cooperative research and development agreements (as
defined in section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a)).
``(3)(A) The Federal share of the cost of activities
carried out under a cooperative research and development
agreement entered into under this subsection shall not exceed
50 percent, except that if there is substantial public interest
or benefit, the Secretary may approve a greater Federal share.
``(B) All costs directly incurred by the non-Federal
partners, including personnel, travel, and hardware or software
development costs, shall be credited toward the non-Federal
share of the cost of the activities described in subparagraph
(A).
``(4) The research, development, or use of a technology
under a cooperative research and development agreement entered
into under this subsection, including the terms under which the
technology may be licensed and the resulting royalties may be
distributed, shall be subject to the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
``(c) Availability of Amounts.--The amounts made available under
section 103(a) of the Motor Carrier Safety Reauthorization Act of 2005
to carry out this section shall remain available until expended.
``(d) Contract Authority.--Approval by the Secretary of a grant
with funds made available under section 103(a) of the Motor Carrier
Safety Reauthorization Act of 2005 to carry out this section imposes
upon the United States Government a contractual obligation for payment
of the Government's share of costs incurred in carrying out the
objectives of the grant.''.
(b) Conforming Amendment.--The chapter analysis for chapter 311 is
amended by striking the item relating to section 31108, and inserting
the following:
``31108. Motor carrier research and technology program.''.
SEC. 119. INTERNATIONAL COOPERATION.
(a) In General.--Chapter 311 is amended by inserting at the end the
following:
``Subchapter IV--Miscellaneous
``Sec. 31161. International cooperation
``The Secretary is authorized to use funds appropriated under
section 31104(i) of this title to participate and cooperate in
international activities to enhance motor carrier, commercial motor
vehicle, driver, and highway safety by such means as exchanging
information, conducting research, and examining needs, best practices,
and new technology.''.
(b) Clerical Amendment.--The chapter analysis for chapter 311 is
amended by adding at the end the following:
``SUBCHAPTER IV--MISCELLANEOUS
``31161. International cooperation.''.
SEC. 120. PERFORMANCE AND REGISTRATION INFORMATION SYSTEM MANAGEMENT.
(a) In General.--Section 31106(b) is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Design.--The program shall link Federal motor carrier
safety information systems with State commercial vehicle
registration and licensing systems and shall be designed to
enable a State to--
``(A) determine the safety fitness of a motor
carrier or registrant when licensing or registering the
registrant or motor carrier or while the license or
registration is in effect; and
``(B) deny, suspend, or revoke the commercial motor
vehicle registrations of a motor carrier or registrant
that has been issued an operations out-of-service order
by the Secretary.
``(3) Conditions for participation.--The Secretary shall
require States, as a condition of participation in the program,
to--
``(A) comply with the uniform policies, procedures,
and technical and operational standards prescribed by
the Secretary under subsection (a)(4);
``(B) possess the authority to impose sanctions
relating to commercial motor vehicle registration on
the basis of a Federal safety fitness determination;
and
``(C) cancel the motor vehicle registration and
seize the registration plates of an employer found
liable under section 31310(i)(2)(C) of this title for
knowingly allowing or requiring an employee to operate
a commercial motor vehicle in violation of an out-of-
service order.''; and
(2) by striking paragraph (4).
(b) Performance and Registration Information System Management
Grants.--
(1) Subchapter I of chapter 311, as amended by this title,
is further amended by adding at the end the following:
``Sec. 31109. Performance and Registration Information System
Management
``(a) In General.--From the funds authorized by section 103(b)(2)
of the Motor Carrier Safety Reauthorization Act of 2005, the Secretary
may make a grant in a fiscal year to a State to implement the
performance and registration information system management requirements
of section 31106(b).
``(b) Availability of Amounts.--Amounts made available to a State
under section 103(b)(2) of the Motor Carrier Safety Reauthorization Act
of 2005 to carry out this section shall remain available until
expended.
``(c) Secretary's Approval.--Approval by the Secretary of a grant
to a State under section 103(b)(2) of the Motor Carrier Safety
Reauthorization Act of 2005 to carry out this section is a contractual
obligation of the Government for payment of the amount of the grant.''.
(2) Conforming amendment.--The chapter analysis for chapter
311 is amended by inserting after the item relating to section
31108 the following:
``31109. Performance and Registration Information System Management.''.
SEC. 121. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS
DEPLOYMENT.
(a) In General.--Subchapter III of chapter 311, as amended by
section 110, is amended by adding at the end the following:
``Sec. 31151. Commercial vehicle information systems and networks
``(a) In General.--The Secretary shall carry out a commercial
vehicle information systems and networks program to--
``(1) improve the safety and productivity of commercial
vehicles; and
``(2) reduce costs associated with commercial vehicle
operations and Federal and State commercial vehicle regulatory
requirements.
``(b) Purpose.--The program shall advance the technological
capability and promote the deployment of intelligent transportation
system applications for commercial vehicle operations, including
commercial vehicle, commercial driver, and carrier-specific information
systems and networks.
``(c) Core Deployment Grants.--
``(1) In general.--The Secretary shall make grants to
eligible States for the core deployment of commercial vehicle
information systems and networks.
``(2) Eligibility.--To be eligible for a core deployment
grant under this section, a State--
``(A) shall have a commercial vehicle information
systems and networks program plan and a system design
approved by the Secretary;
``(B) shall certify to the Secretary that its
commercial vehicle information systems and networks
deployment activities, including hardware procurement,
software and system development, and infrastructure
modifications, are consistent with the national
intelligent transportation systems and commercial
vehicle information systems and networks architectures
and available standards, and promote interoperability
and efficiency to the extent practicable; and
``(C) shall agree to execute interoperability tests
developed by the Federal Motor Carrier Safety
Administration to verify that its systems conform with
the national intelligent transportation systems
architecture, applicable standards, and protocols for
commercial vehicle information systems and networks.
``(3) Amount of grants.--The maximum aggregate amount a
State may receive under this section for the core deployment of
commercial vehicle information systems and networks may not
exceed $2,500,000.
``(4) Use of funds.--Funds from a grant under this
subsection may only be used for the core deployment of
commercial vehicle information systems and networks. Eligible
States that have either completed the core deployment of
commercial vehicle information systems and networks or
completed such deployment before core deployment grant funds
are expended may use the remaining core deployment grant funds
for the expanded deployment of commercial vehicle information
systems and networks in their State.
``(d) Expanded Deployment Grants.--
``(1) In general.--For each fiscal year, from the funds
remaining after the Secretary has made core deployment grants
under subsection (c) of this section, the Secretary may make
grants to each eligible State, upon request, for the expanded
deployment of commercial vehicle information systems and
networks.
``(2) Eligibility.--Each State that has completed the core
deployment of commercial vehicle information systems and
networks is eligible for an expanded deployment grant.
``(3) Amount of grants.--Each fiscal year, the Secretary
may distribute funds available for expanded deployment grants
equally among the eligible States, but not to exceed $1,000,000
per State.
``(4) Use of funds.--A State may use funds from a grant
under this subsection only for the expanded deployment of
commercial vehicle information systems and networks.
``(e) Federal Share.--The Federal share of the cost of a project
payable from funds made available to carry out this section shall not
exceed 50 percent. The total Federal share of the cost of a project
payable from all eligible sources shall not exceed 80 percent.
``(f) Availability of Funds.--Funds authorized to be appropriated
under section 103(b)(4) of the Motor Carrier Safety Reauthorization Act
of 2005 shall be available for obligation in the same manner and to the
same extent as if such funds were apportioned under chapter 1 of title
23, United States Code, except that such funds shall remain available
until expended.
``(g) Definitions.--In this section:
``(1) Commercial vehicle information systems and
networks.--The term `commercial vehicle information systems and
networks' means the information systems and communications
networks that provide the capability to--
``(A) improve the safety of commercial vehicle
operations;
``(B) increase the efficiency of regulatory
inspection processes to reduce administrative burdens
by advancing technology to facilitate inspections and
increase the effectiveness of enforcement efforts;
``(C) advance electronic processing of registration
information, driver licensing information, fuel tax
information, inspection and crash data, and other
safety information;
``(D) enhance the safe passage of commercial
vehicles across the United States and across
international borders; and
``(E) promote the communication of information
among the States and encourage multistate cooperation
and corridor development.
``(2) Commercial vehicle operations.--The term `commercial
vehicle operations'--
``(A) means motor carrier operations and motor
vehicle regulatory activities associated with the
commercial movement of goods, including hazardous
materials, and passengers; and
``(B) with respect to the public sector, includes
the issuance of operating credentials, the
administration of motor vehicle and fuel taxes, and
roadside safety and border crossing inspection and
regulatory compliance operations.
``(3) Core deployment.--The term `core deployment' means
the deployment of systems in a State necessary to provide the
State with the following capabilities:
``(A) Safety information exchange.--Safety
information exchange to--
``(i) electronically collect and transmit
commercial vehicle and driver inspection data
at a majority of inspection sites;
``(ii) connect to the Safety and Fitness
Electronic Records system for access to
interstate carrier and commercial vehicle data,
summaries of past safety performance, and
commercial vehicle credentials information; and
``(iii) exchange carrier data and
commercial vehicle safety and credentials
information within the State and connect to
Safety and Fitness Electronic Records for
access to interstate carrier and commercial
vehicle data.
``(B) Interstate credentials administration.--
Interstate credentials administration to--
``(i) perform end-to-end processing,
including carrier application, jurisdiction
application processing, and credential
issuance, of at least the International
Registration Plan and International Fuel Tax
Agreement credentials and subsequently extend
this processing to other credentials, including
intrastate, titling, oversize/overweight,
carrier registration, and hazardous materials;
``(ii) connect to the International
Registration Plan and International Fuel Tax
Agreement clearinghouses; and
``(iii) have at least 10 percent of the
transaction volume handled electronically, and
have the capability to add more carriers and to
extend to branch offices where applicable.
``(C) Roadside screening.--Roadside electronic
screening to electronically screen transponder-equipped
commercial vehicles at a minimum of 1 fixed or mobile
inspection sites and to replicate this screening at
other sites.
``(4) Expanded deployment.--The term `expa