[Senate Report 109-120]
[From the U.S. Government Publishing Office]



109th Congress 
 1st Session                     SENATE                          Report
                                                                109-120
_______________________________________________________________________

 
                                                       Calendar No. 192

         SURFACE TRANSPORTATION SAFETY IMPROVEMENT ACT OF 2005

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1567



                                     

        DATE deg.July 29, 2005.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred ninth congress
                             first session

                     TED STEVENS, Alaska, Chairman
                 DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona                 JOHN D. ROCKEFELLER IV, West 
CONRAD BURNS, Montana                    Virginia
TRENT LOTT, Mississippi              JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas          BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine              BARBARA BOXER, California
GORDON H. SMITH, Oregon              BILL NELSON, Florida
JOHN ENSIGN, Nevada                  MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia               FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire        E. BENJAMIN NELSON, Nebraska
JIM DeMINT, South Carolina           MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
                    Lisa Sutherland, Staff Director
             Christine Drager Kurth, Deputy Staff Director
                      David Russell, Chief Counsel
     Margaret Cummisky, Democratic Staff Director and Chief Counsel
 Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel
                                                       Calendar No. 192
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-120

======================================================================




         SURFACE TRANSPORTATION SAFETY IMPROVEMENT ACT OF 2005

                                _______
                                

                 July 29, 2005.--Ordered to be printed

                                _______
                                

       Mr. Stevens, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1567]

    The Committee on Commerce, Science, and Transportation 
reports favorably an original bill to reauthorize and improve 
surface transportation safety programs, and for other purposes, 
and recommends that the bill joint resolution deg. do 
pass.

                          Purpose of the Bill

  The purpose of the bill is to authorize funds for fiscal 
years (FYs) 2006 through 2009 for motor carrier safety 
programs, highway safety programs, hazardous materials 
transportation safety, oversight of household goods 
transportation, and boating safety and sport fish programs.

                          Background and Needs

    The Transportation Equity Act for the 21st Century (TEA-21) 
(P.L. 105-178) expired on September 30, 2003. The Senate 
Committee on Commerce, Science, and Transportation (the 
Committee) has jurisdiction over many surface transportation 
safety programs under TEA-21, including the National Highway 
Traffic Safety Administration (NHTSA) and its programs, the 
Federal Motor Carrier Safety Administration (FMCSA), and 
boating safety and sport fish programs. In addition, the 
Committee bill addresses the transportation of hazardous 
materials and oversight of the interstate transportation of 
household goods.
    The Committee bill incorporates a number of provisions from 
the Administration's reauthorization proposal, the Safe, 
Accountable, Flexible and Efficient Transportation Equity Act 
of 2003 (SAFETEA), along with many additional provisions. 
Overall, the Committee's proposal is designed to improve safety 
on our nation's roads and waterways, strengthen Federal 
passenger, truck, and bus safety programs, provide greater 
consumer protections for household goods movements, and promote 
the safe shipment of hazardous materials.

                         Summary of Provisions


                     TITLE I--MOTOR CARRIER SAFETY

  The purpose of this title is to improve the safety of the 
trucking and intercity bus industries. These safety programs 
are administered by the Federal Motor Carrier Safety 
Administration (FMCSA), which was established by Congress in 
1999. Major provisions include:
  Motor Carrier Safety Assistance Program (MCSAP).--MCSAP is 
reauthorized for the years 2006 through 2009 at an average 
annual funding level of $200 million, more than twice the TEA-
21 level, and consistent with the Administration's 
reauthorization proposal. This program makes grants to States 
for the enforcement of motor carrier safety rules and 
regulations.
  Commercial Driver's License (CDL) Modernization.--The CDL 
program is designed to ensure that only safe and qualified 
drivers operate commercial motor vehicles (CMV) and provides 
the primary method for tracking truck and bus drivers to 
determine if they have a pattern of traffic or safety 
violations that would indicate they are unsafe drivers. 
However, the computer system used to track CDL information, 
known as the Commercial Driver's License Information System 
(CDLIS), is out of date and needs to be updated. The bill 
includes $20 million to update the system.
  Single State Registration System (SSRS).--SSRS is a 
commercial vehicle registration system dating back to the days 
of the economic regulation of the trucking industry. 
Eliminating SSRS has been attempted for many years, but doing 
so has been difficult because some States derive significant 
revenue from the program. The bill would replace the existing 
outdated system that requires truckers to register in multiple 
States, with a system that requires truckers to register in 
only one State. The registration fees would be redistributed to 
States in a way that would ensure that States don't lose 
current revenues derived from SSRS.
  Medical Program.--In response to concerns regarding the 
quality of the current medical certificate program for CMV 
drivers, the bill would establish a Medical Review Board to 
recommend standards for the physical examinations of commercial 
drivers and a registry for qualified medical examiners. Medical 
examiners who perform the exams are required to receive 
training in such standards to be listed on the registry.
  Roadability.--For many years there has been a dispute about 
who should be responsible for the safety of truck trailers, 
known as ``intermodal chassis'', owned by the railroad and 
steamship companies, but that are hauled by tractors owned by 
trucking companies. At the center of this dispute are trucking 
industry concerns regarding safety violations and fines for 
unsafe trailers they pick up at rail yards or ports. The bill 
contains provisions that would delineate responsibility for 
safety among the various parties.

                 TITLE II--HIGHWAY AND VEHICULAR SAFETY

  The purpose of this title is to support highway safety 
programs designed to reduce deaths and injuries resulting from 
motor vehicle crashes. These programs are administered by NHTSA 
which was established by the Highway Safety Act of 1970. Major 
provisions include:

                          STATE GRANT PROGRAMS

  State and Community Highway Safety Grant Program.--This 
program is reauthorized for FYs 2006 through 2009 at an average 
annual funding level of $231 million, a 50 percent increase 
from the TEA-21 level. These grants, allocated according to a 
formula, fund States' safety programs, such as safety belts; 
drunk driving prevention; motorcycle; pedestrian and bicycle 
safety; emergency medical services; traffic law enforcement; 
and roadway safety.
  Occupant Protection Incentive Grants.--This program would be 
funded at an average annual level of $154 million. The program 
would grant money to States that enact a new primary seat belt 
law and to States that have already enacted a primary seat belt 
law. States that have already enacted a primary seat belt law 
would receive a one-time grant over the life of the bill equal 
to 250 percent of their FY 2003 grant from section 402 of title 
23, United States Code. States that enact a primary seat belt 
law after December 31, 2002 would receive a one-time grant over 
the life of the bill equal to 500 percent of their FY 2003 
grant from section 402 of title 23, United States Code. Most of 
this grant money may be used for highway safety construction 
purposes.
  Impaired Driving.--This program would be reauthorized for FYs 
2006 through 2009 at an average annual funding level of $132 
million. States can qualify for a grant by enacting four out of 
the following seven criteria in FY 2006 and FY 2007, and by 
enacting five out of the following seven criteria in FY 2008 
and FY 2009. States may choose from the following menu of 
policy options: (1) impaired driving check points and 
saturation patrols; (2) outreach to judges and prosecutors to 
improve prosecution of drunk driving cases; (3) create an 
information system for government use that tracks drunk driving 
arrests and convictions; (4) reduce for two years in a row the 
percentage of fatally-injured drivers with a blood alcohol 
content of 0.08 percent; (5) a program that returns State and 
local fines collected for drunk driving offenses back into 
drunk driving prevention programs; (6) enact a law that creates 
greater penalties for drivers convicted of driving with a blood 
alcohol content of 0.15 percent or higher; and (7) create 
specialized courts for handling only impaired driving cases. 
The ten States with the highest rate of impaired driving 
fatalities would automatically qualify for a grant, and could 
double their grant by meeting the criteria above.
  Highway Research and Development Program.--This program is 
reauthorized for FYs 2006 through 2009 at an average annual 
funding level of $142 million. These programs focus on the 
research and development of safety countermeasures related to 
impaired driving, occupant protection, traffic law enforcement 
and criminal justice, licensing, motorcycle safety, pedestrian 
safety, bicycle safety, teen drivers, and emergency medical 
services. This section also would provide $24 million a year to 
NHTSA to launch national advertising campaigns to increase seat 
belt use and reduce drunk driving during holiday periods.
  State Traffic Safety Information System Improvements.--This 
is a new discretionary grant program, funded at a $45 million 
level each of FYs 2006 through 2009, to encourage States to 
improve their traffic records systems by increasing the 
efficiency and uniformity of data collection and access through 
upgrading data collection systems. The purpose is to develop a 
more accurate data base of vehicle crash characteristics that 
will allow traffic safety professionals to better identify 
traffic safety problems, and develop effective countermeasures 
on a more timely basis.
  Grants for Improving Child Passenger Safety Programs.--Would 
authorize grants to States to implement Anton's Law, which is 
aimed at increasing the use of booster seats for small 
children.
  Motorcyclist Safety Training.--Would provide grants to States 
for motorcyclist training programs.

                      VEHICLE SAFETY IMPROVEMENTS

  This section requires NHTSA to issue rulemakings to improve 
the safety of passenger automobiles.
  Vehicle Rollover and Prevention.--The bill would require the 
Department to issue a comprehensive set of rules to reduce 
death and injuries caused by passenger vehicle rollovers. The 
rules must reduce rollovers by using new technologies, reduce 
ejections of passengers from vehicles that do rollover, and 
protect occupants in rollover accidents. The bill includes 
deadlines for issuing such rules.
  Vehicle Compatibility Enhancement.--Would require NHTSA to 
issue a rulemaking by 2008 that would require automobiles to 
better protect passengers in a side-impact crash, and to 
conduct a study of front-impact crashes within one year.
  Vehicle Backover Avoidance Technology Study.--Would require 
NHTSA to study technologies for automobiles that would reduce 
injuries and deaths caused by cars and trucks backing up.
  Vehicle Backover Data Collection.--Would require NHTSA to 
conduct a study of non-traffic crashes, with the focus on 
persons injured or killed due to a car backing up. NHTSA 
currently does not collect this data on a regular basis because 
these injuries and deaths occur in private driveways and 
parking lots, not on public streets where data is currently 
collected.
  Safety Belt Use Reminders.--Would repeal existing law that 
limits audible seat belt reminders to no more than eight 
seconds. Automakers have asked for new flexibility to 
experiment with new seat belt reminder systems.
  Power Window Switches.--Would require NHTSA to issue a 
rulemaking by April 2007 in which power windows in automobiles 
not in excess of 10,000 pounds must have switches that would 
raise the window only when the switch is pulled up or out.
  Amendment to the Automobile Information Disclosure Act.--
Would require automobile safety ``star'' ratings compiled by 
NHTSA's New Car Assessment Program (NCAP) to be placed on the 
window sticker of new automobiles in a similar manner to the 
gas mileage information.

          TITLE III--HAZARDOUS MATERIALS TRANSPORTATION SAFETY

  The purpose of this title is to improve the safety and 
security of the transportation of hazardous materials. The 
Pipeline and Hazardous Materials Safety Administration (PHMSA) 
is responsible for administering hazardous materials (hazmat) 
transportation programs, whose authorization expired September 
30, 1998. In the aftermath of recent hazmat accidents in South 
Carolina and several other States, reauthorization of this 
program has become increasingly important. Major provisions 
include:
  Authorization and Registration Fees.--The bill would 
authorize $25 million in FY 2005, $29 million in FY 2006, and 
$30 million for each of FY 2007 through 2009.
  Planning and Training Grants.--The bill would increase safety 
and security by increasing the amount of money available for 
community planning and training grants. PHMSA would fully fund 
planning and training grants and States would be permitted to 
flex some of their planning money to training programs. In 
addition, the bill provides additional funds for hazmat 
employee ``train the trainer'' grants and allows these grants, 
at the Secretary's discretion, to be used to train private 
sector employees directly who handle hazmat.
  Shipping Papers.--Shipping papers are documents that 
accompany a hazmat shipment and contain critical safety 
information. The Department of Transportation highlighted to 
the Committee that shippers are often the focus of their 
investigations of certain types of hazmat violations and that 
present retention requirements for shipping papers are 
inadequate for enforcement purposes. The bill would require 
shippers to keep their shipping papers for three years in order 
to facilitate the investigate of past violations and continues 
to require carriers to retain their shipping papers for the 
current one year period.
  Hazardous Materials Endorsement Background Checks.--The bill 
would require Mexican and Canadian commercial motor vehicle 
operators transporting hazmat in the U.S. to undergo a 
background check similar to that given to a U.S. licensed 
operator. Additionally, the bill improves procedures for hazmat 
background checks to eliminate redundancy, improve 
notification, and ensure due process and provides for a study 
of the current capacity to perform background checks.
  Operation Respond.--The bill would authorize $5 million for 
FYs 2005 through 2009 for the Operation Respond Emergency 
Information System to improve the real time delivery of 
information about hazmat in transportation to first responders.
  Cargo Inspections.--The Secretary of Transportation would be 
authorized to establish a program of random inspections to 
determine the extent to which undeclared hazmat is transported 
in commerce through U.S. points of entry.
  Mailability.--The bill would prohibit hazardous materials in 
the mail unless specifically authorized by law or Postal 
Service regulation. It also would allow the Postal Service to 
collect civil penalties, and to recover clean-up costs and 
damages, for violations of this provision.
  Sanitary Foods.--The bill would streamline Federal 
responsibilities for ensuring the safety of food shipments. 
Primary responsibility would be transferred from DOT to the 
Department of Health and Human Services (HHS), which would set 
practices to be followed by shippers, carriers, and others 
engaged in food transport. Highway and railroad safety 
inspectors would be trained to spot threats to food safety and 
to report possible contamination.
  Cargo Inspection Program.--The bill would authorize the 
Secretary of Transportation to establish a program of random 
inspections to determine the extent to which undeclared HAZMAT 
is transported in commerce through U.S. points of entry.
  Hazmat Cooperative Research Program.--The bill would create a 
HAZMAT research cooperative through the National Academy of 
Sciences' Transportation Research Board.
  Rail Tank Car Improvements.--The bill would require the 
Federal Railroad Administration (FRA) to validate a predictive 
model for certain rail tank car standards; initiate a 
rulemaking on standards and complete an analysis of the impact 
resistance of steel used in pressurized tank cars built before 
1989; and, require railroads to improve inspection procedures 
for continuous welded rail track and the identification of 
cracks in rail joint bars.

                       TITLE IV--HOUSEHOLD GOODS

  The purpose of this title is to provide greater protection to 
consumers entrusting their belongings to a moving company. The 
oversight of the interstate household goods moving industry is 
the responsibility of the Federal Motor Carrier Safety 
Administration (FMCSA). FMCSA is tasked with issuing 
regulations, conducting oversight activities, and taking 
enforcement actions on consumer complaints, which have averaged 
about 3,000 per year since 2001.
  Enforcement of Regulations.--The legislation would allow a 
State authority that enforces State consumer protection laws, 
and State Attorneys General, to enforce Federal laws and 
regulations with respect to the transportation of household 
goods in interstate commerce.
  Civil and Criminal Penalties.--The bill would authorize a 
penalty, of not less than $10,000, for a broker who provides an 
estimate to a shipper before entering into an agreement with a 
carrier to move the shipper's goods. This will discourage 
brokers from providing unreasonably low estimates to 
unsuspecting shippers. A $10,000 penalty, a 24-month suspension 
of registration, and up to 5 years imprisonment would also be 
authorized for failure to give up possession of a shipper's 
household goods.
  Registration Requirements.--The Secretary would be authorized 
to register a person to provide transportation of household 
goods only after that person met certain requirements. In 
addition, the bill authorizes a penalty, of not less than 
$25,000, for carriers and brokers who transport household goods 
but do not register with DOT.
  Payment of Rates.--The legislation would codify existing 
regulations that require a carrier to give up possession of 
household goods provided the shipper pays the mover 100 percent 
of a binding estimate of the charges or 110 percent of a non-
binding estimate of the charges. The bill would permit a 
carrier to charge only a prorated amount for the partial 
delivery of a shipment which is partially lost or damaged, and 
limits the amount of impracticable charges that must be paid at 
the time of delivery.
  Carrier Liability.--The bill would establish that a carrier 
is liable for the entire pre-determined total value of goods 
shipped unless otherwise authorized by the shipper. The current 
standard liability is 60 cents per pound.
  Consumer Information.--The Secretary would be directed to 
modify existing regulations to require a carrier's or broker's 
website to provide certain information. In addition, the 
Secretary would be required to establish a system and database 
for complaints and solicitation of State information regarding 
the number and type of complaints about a carrier.

      TITLE V--AQUATIC RESOURCES TRUST FUND (ARTF) REAUTHORIZATION

  In conjunction with the extensions of the motorboat fuel, 
fishing equipment excise, and other tax and trust fund 
authorizations, this title would reauthorize through 2020 the 
Boat Safety and Sport Fish Restoration programs of the Aquatic 
Resources Trust Fund (commonly called the Wallop-Breaux Trust 
Fund) which are directly funded from these revenues, eliminate 
the two separate Boat Safety and Sport Fish restoration 
accounts in the trust fund, and rename the trust fund as the 
Sport Fish Restoration and Boating Trust Fund.
  The Sport Fish Restoration and Boat Safety accounts are the 
two primary components of the Wallop-Breaux Trust Fund which 
were brought together in 1984, under the Wallop-Breaux 
Amendments to the Deficit Reduction Act of 1984, most recently 
reauthorized in 1998 under TEA-21, and temporarily extended by 
several provisions enacted during the 108th Congress. This fund 
also funds other smaller programs including the Coastal 
Wetlands and Boating Access accounts.
  Under current law, the Sport Fishing account, along with the 
Coastal Wetlands and Boating Access accounts, is funded on a 
percentage basis of incoming tax revenues, while the Boat 
Safety account receives a fixed annual amount. This legislative 
construct has effectively capped the amount authorized for Boat 
Safety while the overall fund continues to grow with gas tax 
revenue increases. This, in turn, has created a funding 
disparity between the Trust Fund accounts which increases 
annually.
  Under the reported title, all of the Wallop-Breaux Trust Fund 
programs except those for administration and multi-State grants 
would annually receive a set percentage of the total revenues. 
Sport Fish Restoration would be set at 57 percent, Boating 
Safety at 18.5 percent, Coastal Wetlands at 18.5 percent, Clean 
Vessel Act programs at 2 percent, Boating Infrastructure at 2 
percent, National Outreach and Communications at 2 percent, 
multi-State grants at $3 million, and fund management at $9 
million. Under this new formula, Boating Safety funding would 
increase significantly. Anticipated gas tax revenues increases 
into the Trust Fund and a dissolution of the current boating 
safety account would prevent funding reductions in other 
programs.
  This title also would correct the funding inequities that 
exist under the current authorization, allow all the Wallop-
Breaux programs to share in future revenue growth, and provide 
a permanent appropriation and a significant increase in Boating 
Safety funding. Additionally, it would change the Boating 
Safety Grant matching requirements for States from a 2:1 ratio 
to a 3:1 ratio, the same as for Sport Fish Restoration grants.

                          Legislative History

  In the 108th Congress, the Senate passed S.1072, the Safe, 
Accountable, Flexible, and Efficient Transportation Equity Act 
of 2004 (SAFETEA). This bill, based in part on the 
Administration's original SAFETEA proposal, contained an 
amendment from the Commerce Committee reauthorizing the 
programs within the Committee's jurisdiction. However, disputes 
over funding levels for the highway and mass transit 
infrastructure programs stalled last year's bill in conference 
committee, necessitating reconsideration this year. The current 
TEA-21 safety programs continue to operate under short-term 
extensions.
  In the 109th Congress, the Senate continued its work on a 
highway reauthorization bill. On April 5, 2005, the Senate 
Subcommittee on Surface Transportation and Merchant Marine held 
a hearing on highway, motor carrier, and hazardous materials 
transportation safety and transportation of household goods. On 
April 14, 2005, the Committee held a mark up hearing and 
considered an original highway reauthorization bill. During 
consideration of this bill there were no votes taken and no 
amendments were adopted. It was ordered reported favorably by 
unanimous consent.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                    April 26, 2005.
Hon. Ted Stevens,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for the Surface 
Transportation Safety Improvement Act of 2005.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lisa Driskill 
(for federal costs), Marjorie Miller (for the state and local 
impact), and Jean Talarico (for the private-sector).
            Sincerely,
                                               Douglas Holtz-Eakin.
    Enclosure.

Surface Transportation Safety Improvement Act of 2005

    Summary: CBO estimates that implementing the Surface 
Transportation Safety Improvements Act of 2005 would cost $5.5 
billion over the 2006-2010 period, assuming appropriation 
action consistent with the bill. We further estimate that 
enacting the bill would increase direct spending by about $40 
million over the same period and by about $100 million through 
fiscal year 2015. Finally, CBO estimates that enacting this 
legislation would increase revenues by $1 million a year over 
the next 10 years.
    The bill would extend the authority for programs 
administered by the National Highway Traffic Safety 
Administration (NHTSA), the Federal Motor Carrier Safety 
Administration and certain hazardous material transportation 
programs. For such programs, the bill would authorize the 
appropriation of $927 million over the 2006-2010 period. The 
bill also would provide about $2.9 billion in contract 
authority (the authority to incur obligations in advance of 
appropriations) over the 2006-2009 period for highway traffic 
safety programs and $2 billion in contract authority over the 
same period for motor carrier safety programs.
    Consistent with the Balanced Budget and Emergency Deficit 
Control Act, CBO assumes that the contract authority for these 
highway traffic and motor carrier safety programs would 
continue at the same rate provided immediately before the 
programs expire in 2009. Therefore, this estimate includes an 
additional $550 million in contract authority in each year over 
the 2010-2015 period.
    Title V would make the balances in the boat safety account 
of the Aquatic Resources Trust Fund (ARTF) available to be 
spent without further appropriation. Spending of amounts in 
that account are currently subject to appropriation. We 
estimate that making balances in the boat safety account 
available without appropriation would increase direct spending 
by $8 million in fiscal year 2006, by $76 million over the 
2006-2010 period, and by $97 million over the 2006-2015 period. 
(New spending from the Crime Victims Fund would account for 
additional direct spending of between $500,000 and $1 million a 
year over the next 10 years, stemming from increased revenues 
for new criminal penalties.)
    This bill contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that 
the costs of those mandates would fall significantly below the 
threshold established by that act ($62 million in 2005, 
adjusted annually for inflation). The remaining provisions of 
the bill would benefit states by reauthorizing existing grant 
programs and creating new grant programs. Any costs to states 
to participate in those programs would be incurred voluntarily.
    The bill contains numerous mandates as defined in UMRA that 
would affect private-sector entities in the transportation 
industry--manufacturers of motor vehicles, motor carriers, 
shippers and carriers of hazardous materials, and businesses 
involved in the transportation of household goods. CBO cannot 
determine whether the aggregate cost of the private-sector 
mandates in the bill would exceed the annual threshold 
established in UMRA ($123 million in 2005, adjusted annually 
for inflation) because some of the requirements established by 
the bill would hinge on future regulatory action, about which 
information is not available.
    Estimated Cost to the Federal Government: The estimated 
budgetary impact this legislation is summarized in Table 1. The 
costs of this legislation fall within budget functions 300 
(natural resources and environment) and 400 (transportation).
    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted by May 30, 2005, the date the 
current authorization for safety programs expires. We also 
assume appropriation action consistent with the authorization 
and contract authority levels in the bill. Estimates of outlays 
are based on historical spending patterns of similar existing 
programs.

  TABLE 1. SUMMARY OF ESTIMATED BUDGETARY EFFECTS OF THE SURFACE TRANSPORTATION SAFETY IMPROVEMENT ACT OF 2005
----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2006      2007      2008      2009      2010
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level.................................       207       211       224       239        46
Estimated Outlays.............................................       709     1,258     1,373     1,485       679

                                           CHANGES IN DIRECT SPENDING

Estimated Budget Authority....................................       494       515       537       563       569
Estimated Outlays.............................................         9       -10         5        18        20

                                               CHANGES IN REVENUES

Estimated Revenues............................................         1         1         1         1         1
----------------------------------------------------------------------------------------------------------------

Spending subject to appropriation

    CBO estimates that the bill would authorize the 
appropriation of $927 million for highway traffic, motor 
carrier, and hazmat safety programs over the 2006-2010 period. 
Over the same period, the bill would provide $4.9 billion in 
contract authority for certain highway traffic and motor 
carrier safety programs. In addition, the bill also would 
require the Department of Transportation (DOT) to complete 
various studies and periodic evaluations of state highway 
safety programs. Assuming appropriation action consistent with 
the authorizations and contract authority specified in the bill 
and assuming appropriation of amounts necessary to complete 
studies and program evaluations, CBO estimates that 
implementing these provisions would cost $5.5 billion over the 
2006-2010 period (see Table 2).
    Highway Traffic Safety Programs. The legislation would 
provide about $2.9 billion in contract authority for highway 
traffic safety programs over the 2006-2009 period. In addition, 
the bill would authorize the appropriation of $744 million over 
this period. Under current law, all spending on highway traffic 
safety programs is considered discretionary because it is 
controlled by annual limitations on obligations set in 
appropriations acts. For this estimate, CBO assumes that 
appropriation action will continue to limit spending on these 
programs. We estimate that implementing these provisions of the 
bill would cost about $3.4 billion over the 2006-2010 period.
    Section 222 would require NHTSA to perform periodic 
management reviews of state highway safety programs. CBO 
estimates that conducting the studies and periodic evaluations 
of state transportation safety programs would cost about $2 
million every three years.

     TABLE 2. ESTIMATED CHANGES IN SPENDING SUBJECT TO APPROPRIATION UNDER THE SURFACE TRANSPORTATION SAFETY
                                             IMPROVEMENT ACT OF 2005
----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2006      2007      2008      2009      2010
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Highway Traffic Safety Programs:
Estimated Authorization Level \1\.............................       174       173       186       201         9
Estimated Outlays.............................................       432       726       829       929       477
Motor Carrier Safety Programs:
Estimated Authorization Level.................................         1         1         1         1         1
Estimated Outlays.............................................       255       496       508       519       165
Hazmat Safety Programs:
Estimated Authorization Level.................................        32        37        37        37        37
Estimated Outlays.............................................        22        35        37        37        37
    Total Changes:
Estimated Authorization Level.................................       207       211       224       239        46
Estimated Outlays.............................................       709     1,258     1,373     1,485       679
----------------------------------------------------------------------------------------------------------------
\1\ Under current law, most budget authority for highway traffic and motor carrier safety programs is provided
  as contract authority, a mandatory form of budget authority. Outlays from these programs, however, are subject
  to obligation limitations contained in appropriation acts and are therefore discretionary. The bill would
  provide contract authority for many of these safe'' programs, but for certain highway traffic safety programs,
  it also would authorize the appropriation of discretionary funds.

    Motor Carrier Safety Programs. The bill would provide about 
$2 billion in contract authority for motor carrier safety 
programs over the 2006-2009 period. In addition, the bill would 
authorize the appropriation of $4 million over this period for 
program outreach and education efforts. Under current law, all 
spending on motor carrier safety programs is considered 
discretionary because it is controlled by annual limitations on 
obligations set in appropriations acts. For this estimate, CBO 
assumes appropriation action will continue to limit spending on 
these programs. We estimate that implementing these provisions 
of the bill would cost about $1.9 billion over the 2006-2010 
period.
    Hazmat Safety Programs. The bill would authorize the 
appropriation of $180 million for hazmat safety programs over 
the 2006-2010 period. CBO estimates that implementing this 
provision would cost $168 million over that period. The bill 
also would require the department to assess the impact of 
federal laws and regulations on people who decide against 
transporting hazardous materials. CBO estimates that this study 
would cost less than $500,000 in fiscal year 2006.

Direct spending and revenues

    Table 3 summarizes the estimated effects on direct spending 
and revenues. The bill would provide contract authority for 
certain highway traffic and motor carrier safety programs; 
however, CBO assumes that the outlays for these programs would 
continue to be controlled by appropriation action and therefore 
would be discretionary.
    The bill also would make funds available without further 
appropriation for boat safety and sport fish restoration 
programs. Additionally, it would make certain changes to 
emergency preparedness fees and grants, and we estimate that 
those provisions would reduce direct spending by $41 million 
over the 2005-2006 period and increase such spending by an 
equal amount in subsequent years. Other changes under the bill 
would have a net negligible effect on the budget, such as 
establishing a new federal program for registering motor 
carrier operators and authorizing the collection and spending 
of fees for modernizing the commercial driver's license 
information system.
    The bill would increase certain civil and criminal 
penalties as well as establish new penalties. CBO estimates 
that these provisions would increase revenues by about $10 
million over the 2006-2015 period and would increase direct 
spending by about half that amount over the same period.

 TABLE 3.--ESTIMATED EFFECTS ON DIRECT SPENDING AND REVENUES UNDER THE SURFACE TRANSPORTATION SAFETY IMPROVEMENT
                                                   ACT OF 2005
----------------------------------------------------------------------------------------------------------------
                                                     By fiscal year, in millions of dollars--
                                 -------------------------------------------------------------------------------
                                   2006    2007    2008    2009    2010    2011    2012    2013    2014    2015
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING

Baseline Spending for Safety
 Transportation Programs:
    Estimated Budget Authority..     721     721     721     721     721     721     721     721     721     721
    Estimated Outlays...........       0       0       0       0       0       0       0       0       0       0
Proposed Changes:
    Highway Traffic Safety
     Programs:
        Estimated Budget             402     417     434     452     452     452     452     452     452     452
         Authority..............
        Estimated Outlays.......       0       0       0       0       0       0       0       0       0       0
    Motor Carrier Safety
     Programs:
        Estimated Budget              63      75      85      98      98      98      98      98      98      98
         Authority..............
        Estimated Outlays.......       0       0       0       0       0       0       0       0       0       0
    Spending of Boat Safety
     Balances:
        Estimated Budget              28      22      17      12      18       0       0       0       0       0
         Authority..............
        Estimated Outlays.......       8      15      19      17      17      11       6       2       1       1
    Hazmat Safety Programs:
        Estimated Budget               0       0       0       0       0       0       0       0       0       0
         Authority..............
        Estimated Outlays.......       0     -26     -15       0       2       7      12      11       5       4
    Crime Victims Fund:
        Estimated Budget               1       1       1       1       1       1       1       1       1       1
         Authority..............
        Estimated Outlays.......       1       1       1       1       1       1       1       1       1       1
        Total Changes:
            Estimated Budget         494     515     537     563     569     551     551     551     551     551
             Authority..........
            Estimated Outlays...       9     -10       5      18      20      19      19      14       7       6
Direct Spending Under the Bill
 for Safety Programs:
    Estimated Budget Authority..   1,215   1,236   1,258   1,284   1,290   1,272   1,272   1,272   1,272   1,272
    Estimated Outlays...........       9     -10       5      18      20      19      19      14       7       6

                                               CHANGES IN REVENUES

Estimated Revenues..............       1       1       1       1       1       1       1       1       1       1
----------------------------------------------------------------------------------------------------------------

    Highway Traffic and Motor Carrier Programs. CBO's current 
baseline projects an annual level of contract authority for all 
highway traffic and motor carrier safety programs of $721 
million. Over the 2006-2009 period, the bill would provide 
about $2 billion in contract authority above the baseline 
level.
    The Balanced Budget and Emergency Deficit Control Act 
specifies that an expiring mandatory program with current-year 
outlays in excess of $50 million be assumed to continue at the 
program level in place when it is scheduled to expire. 
Following this assumption, CBO projects that, under this 
legislation, $550 million in contract authority would be 
available for those safety programs each year beginning in 2010 
above the current baseline level.
    Thus, over the 2006-2015 period, CBO estimates that the 
bill would provide $4.4 billion of contract authority above 
baseline assumptions for Highway Safety Programs and about $0.9 
billion more for Motor Carrier Safety Programs.
    Spending of Balances in the Boat Safety Account. Title V 
would make available without further appropriation balances of 
the boat safety account of the ARTF. Under the bill, the 
current fund balance of $92 million and $5 million of interest 
that would be earned after the legislation's enactment would be 
made available in specified amounts over the 2006-2010 period. 
Such amounts would be distributed to the U.S. Coast Guard and 
the U.S. Fish and Wildlife Service for boat safety and sport 
fish restoration programs carried out under the Dingell-Johnson 
Sport Fish Restoration Act. CBO estimates that enacting this 
provision would increase direct spending by $8 million in 
fiscal year 2006 and by $97 million over the 2006-2015 period.
    Hazmat Safety Programs. Under current law, DOT collects 
fees from shippers and carriers of hazardous materials. The 
department also provides grants to emergency responders for 
training and planning activities related to the transportation 
of hazardous materials. CBO estimates that DOT will collect and 
spend $14 million each year over the 2006-2015 period for this 
activity. The bill would increase that amount to $28 million 
each year; however, because the department is likely to collect 
the increase in fees at a different rate than it will spend the 
increase, CBO estimates those changes would decrease direct 
spending by $41 million over the 2007-2008 period and then 
increase direct spending by the same amount over the 2009-2015 
period. In total, CBO estimates that the net impact of changes 
to the fees and grants would not be significant over the next 
10 years.
    Registration of Motor Carriers. In addition to providing 
contract authority for the motor carrier safety programs, the 
bill would establish a new federal program for registering 
operators of motor carriers. Under this program, each state 
would collect fees from motorcarrier operators and provide 
those fees to the federal government. The federal government would use 
the fees to provide grants to states for improving the safety of motor 
carriers. CBO estimates the federal government would collect and spend 
between $25 million and $30 million each year under the new program; 
however, because the government is likely to spend the grants very 
quickly, CBO estimates the net budgetary impact of establishing this 
program would not be significant in any year.
    Modernization of the Commercial Driver's License 
Information System. The bill would allow the Department of 
Transportation to collect and spend certain fees for 
modernizing the commercial driver's license information system. 
Currently, such fees are collected by the American Association 
of Motor Vehicle Administrators on behalf of DOT and spent by 
that organization for such purposes. Starting in 2007, the bill 
would allow that any fees collected in excess of the costs of 
operating the commercial driver's license system would be 
transferred to the DOT and spent on the modernization plan 
outlined in the bill. CBO expects that such collections and 
spending could amount to a few million per year and would have 
a negligible net effect on the budget.
    Revenues and the Crime Victims Fund. The bill would raise 
the maximum civil and criminal penalty amounts imposed on 
individuals for violations of certain regulations relating to 
motor carriers, movers of household goods, and transportation 
of hazardous materials. In addition, the bill would establish 
several new civil and criminal penalties for various other 
transportation safety violations. In total, CBO estimates that 
doing so would increase governmental receipts by $1 million in 
2006 and about $10 million over the 2006-2015 period. Half of 
these amounts would result from civil penalties, and half would 
result from criminal penalties. Collections of civil penalties 
are recorded in the budget as revenues. Criminal penalties are 
recorded as revenues then deposited in the Crime Victims Fund 
and later spent, thus the net impact on the budget in each year 
would be negligible.
    Estimated impact on state, local, and tribal governments: 
This bill contains several intergovernmental mandates as 
defined in UMRA. Although CBO cannot determine the exact cost 
of all of the mandates in the bill, we estimate that their 
aggregate costs would fall significantly below the threshold 
established by that act ($62 million in 2005, adjusted annually 
for inflation).

Intergovernmental mandates

    Unified Carrier Registration System. Federal law currently 
prohibits states from taxing all motor carriers, other than 
agricultural or private motor carriers, unless they participate 
in the Single State Registration System (SSRS)--a mandate as 
defined by UMRA. This bill would terminate the SSRS and replace 
it with the Unified Carrier Registration System (UCR), an 
online system under which states would continue to collect 
information required by the federal government and in turn 
collect fees from covered motor carriers. While this change 
would not be a new mandate, it would affect the cost of 
complying with the existing mandate.
    The costs incurred by states to administer and enforce 
federal registration systems would increase somewhat because 
the UCR would encompass private and agricultural carriers--
classes of carriers now exempt from federal registration and 
financial responsibility standards. On balance, though, CBO 
expects that states would incur little additional costs and 
would benefit from efficiencies generated by the online system, 
particularly after the initial years.
    The addition of private and agricultural carriers also 
would preempt the limited authority states now have to register 
and tax these motor carriers outside of a federal registration 
system. According to state and industry sources, however, 
states collect only a minimal amount of revenue from these 
carriers, so losses resulting from this preemption would be 
small.
    CBO assumes that the proposed new system would result in 
collections at least equal to the amount currently collected by 
states participating in SSRS. Further, the new fee structure 
would provide a minimum amount of administrative revenue to any 
newly participating state.
    In addition, according to the Federal Motor Carrier Safety 
Administration, the Secretary may require states to collect 
certain federal fees from motor carriers. Under current law, 
motor carriers pay a registration fee to the federal government 
for operating authority. The administration uses those fees to 
fund various motor carrier grant programs for the states. Under 
this unified registration system, states would forward those 
collections, approximately $25 million to $30 million to the 
federal government.
    Finally, the proposed system would preempt states' 
authority to require commercial vehicles to display certain 
forms of identification in addition to those required by DOT. 
CBO estimates that this preemption would not affect state 
budgets because, while it would limit the application of state 
standards to commercial motor vehicles, it would impose no duty 
on states that would result in additional spending.
    Commercial Driver Learner's Permit. Section 152 would 
expand an existing mandate that requires states' commercial 
driver's license programs to comply with federal standards. The 
section would require states to issue learner's permits for 
commercial drivers. According to state sources, most states 
already issue such permits, although some of them issue them in 
a paper format that would have to be upgraded under the bill's 
requirements. CBO estimates that the current system in most 
states would meet the requirements of the bill, however, so 
additional costs would not be large. Furthermore, newly 
permitting states would likely recover a significant portion of 
their costs through fees.
    Vehicles purchased by Schools. Section 259 would impose a 
new intergovernmental mandate by prohibiting schools from 
purchasing, renting, or leasing IS-passenger vehicles to 
transport students unless those vehicles comply with standards 
prescribed for school buses. This mandate would not impose 
significant additional costs on state, local, or tribal 
governments, because it is substantially the same as a 
requirement now imposed on dealers that sell vehicles to 
schools. The new requirement would apply to purchases of new 
and used vehicles, however, while the existing requirement 
applies only to new vehicles.
    Other Mandates. The bill includes other provisions that 
would preempt state regulation of motor carriers and licensing 
of commercial motor vehicle operators. It would broaden an 
existing federal preemption of state laws and regulations 
governing commercial motor vehicle safety, and another 
concerning transportation of property. It also would give the 
federal government the authority to overrule a state action to 
deny a hazardous materials endorsement to a commercial driver's 
license. These preemptions generally would impose no duties on 
state, local, or tribal governments that would result in 
additional costs.

Other impacts

    The bill contains many other provisions that would impose 
new conditions for receiving federal assistance or new 
requirements for participating in voluntary federal programs. 
Any additional costs to states from these provisions would be 
incurred voluntarily. States that participate in federal 
programs to enforce commercial motor vehicle and highway safety 
regulations receive various forms of federal assistance to do 
so, including grants from the Motor Carrier Safety Assistance 
Program and other monies from the Highway Trust Fund. This bill 
would reauthorize those grant programs.
    Etimated Impact on the private sector: The bill contains 
numerous mandates as defined in UMRA that would affect private-
sector entities in the transportation industry--manufacturers 
of motor vehicles, motor carriers, shippers and carriers of 
hazardous materials, and businesses involved in the 
transportation of household goods. CBO cannot determine whether 
the aggregate cost of the private-sector mandates in the bill 
would exceed the annual threshold established in UMRA ($123 
million in 2005, adjusted annually for inflation) because some 
of the requirements established by the bill would hinge on 
future regulatory action, about which information is not 
available.

Safety standards for motor vehicles

    The bill would impose numerous mandates addressing motor 
vehicle safety. Provisions in the bill affecting safety 
standards include three mandates with small costs, three with 
undetermined costs because the costs would depend on future 
rulemaking, and one potential mandate that would depend on a 
determination by the Secretary of Transportation.
    Safety Labeling Requirement. Section 257 would require that 
automobile manufacturers add a safety rating regarding impact 
crash and rollover resistance tests under the New Car 
Assessment Program on the label that they currently affix to 
the automobile. According to industry representatives, the 
incremental cost to add this information to the label would be 
minimal.
    Power Window Switches. Section 258 would require that the 
Department of Transportation upgrade its standards to require 
that power windows in motor vehicles weighing not more than 
10,000 pounds have switches that raise the window only when the 
switch is pulled up or out. According to government and 
industry representatives, several major vehicle manufacturers 
currently use the push-pull switches across all or part of 
their model line, therefore, CBO estimates that the cost to 
comply with this mandate would be small.
    Vehicles Purchased by Schools. Section 259 would prohibit a 
school from purchasing, renting, or leasing 15-passenger 
vehicles to transport students unless those vehicles comply 
with standards prescribed for school buses. Under current law, 
a dealer can sell a vehicle to a school only if it complies 
with standards for school buses. The new requirement would 
apply to purchases of new and used vehicles, however, while the 
existing requirement applies only to new vehicles. CBO 
estimates that the cost to private schools to comply with this 
mandate would not be great since it is the same requirement 
currently imposed on dealers.
    The cost to comply with the following two mandates would 
depend on the details of future regulations:
     Vehicle Rollover and Crash Mitigation. Section 251 
would require manufacturers of new passenger motor vehicles 
sold in the United States with a gross vehicle weight of up to 
10,000 pounds to comply with regulations that the Secretary 
determines are necessary to reduce the death and injuries 
caused by passenger vehicle rollovers. The rules must reduce 
rollovers by using new technologies, reduce ejections of 
passengers from vehicles that do rollover, and protect 
occupants in rollover accidents.
     Side-Impact Crash Protection. Section 252 would 
require manufacturers of automobiles to comply with standards 
designed to enhance passenger motor vehicle occupant 
protection, in all seating positions, in side impact crashes.
    Safety Belt Use Reminders. Section 256 would allow NHTSA to 
require a safety belt use reminder. According to NHTSA's 
publication, ``Initiatives to Address Safety Belt Use,'' issued 
in July 2003, the agency currently encourages manufacturers to 
voluntarily install enhanced safety belt reminder systems on 
all vehicles and would continue to do so under the bill. If 
enough manufacturers do not install such systems voluntarily, 
however, NHTSA could issue a rule making the requirement 
mandatory. Currently, more than half of the new vehicles have 
some type of enhancement to encourage the use of seat belts. If 
the Secretary determines that it is necessary to mandate the 
installation of such technologies, CBO estimates that the 
incremental cost to the manufacturers could range from $2 
million to $24 million annually. The incremental cost to the 
industry would depend on the number of vehicles not in 
compliance at the time such a rule went into effect.

New requirements for private motor carriers

    Unified Carrier Registration (UCR). Under Section 134, 
private motor carriers and exempt motor carriers would be 
required to pay a new federal registration fee under the UCR. A 
private carrier is a person who is the owner of the property 
being transported for a commercial enterprise that includes 
manufacturers, distributors, and retailers. Exempt carriers are 
those operating only in specific urban areas, carrying 
agricultural products, and intermodal carriers. Currently, only 
for-hire carriers (persons providing motor vehicle 
transportation for compensation) pay a federal registration 
fee. Based on government and industry sources, CBO estimates 
that the private and exempt motor carriers would be required to 
pay $20 million annually beginning in 2007.
    Financial Responsibility for Private Motor Carriers. 
Section 112 would require private motor carriers to file the 
same evidence of financial responsibility that is required for 
for-hire carriers. According to industry sources, most private 
motor carriers already meet the financial responsibility 
requirements in this section. CBO expects that the costs of 
this private-sector mandate would not be great.

Intermodal equipment safety regulations

    Section 127 would require the Secretary of Transportation 
to make safety regulations for intermodal equipment that would 
be included under the regulations of the Federal Motor Carrier 
Safety Administration. Intermodal equipment refers to the 
trailers and container chassis used to haul cargo from one mode 
of transportation to another. Under the regulations, providers 
of intermodal equipment would be identified and matched with 
their equipment by unique identifying numbers. In addition, 
providers would be required to inspect, repair, and maintain 
certain intermodal equipment and keep repair and maintenance 
records. Currently, motor carriers are responsible for the 
condition of intermodal equipment while it is being used on the 
highway. The safety regulations described in this section would 
transfer that responsibility to the provider and would regulate 
equipment maintenance, which would impose a private-sector 
mandate on providers of intermodal equipment. The incremental 
costs to the industry would consist of the cost of applying the 
numbers for providers, the administrative costs of 
recordkeeping, and any additional costs of complying with the 
safety regulations to be set under the bill. CBO has no basis 
for estimating the costs of complying with the new safety 
standards.

Requirements for transporters and shippers of hazardous materials

    Section 329 would increase registration fees on persons 
transporting (or causing to be transported in commerce) certain 
hazardous material. CBO estimates that the increase in those 
fees for carriers and shippers of hazardous materials would be 
$15 million annually for 2006 through 2008 and $13 million for 
2009.
    Section 330 would require shippers of hazardous material to 
retain shipping papers or an electronic format of those papers 
for three years with the paper or electronic format to be 
accessible through the shipper's principal place of business 
during that period. Shipping papers must accompany each 
hazardous material's package and they contain information about 
the materials being transported, emergency contact numbers, and 
the shipper's certification. Currently, shippers are required 
to retain the shipping paper or electronic image for one year. 
CBO estimates that the direct cost to retain such information 
for two additional years would be minimal.

Household goods transportation reform

    The bill also would impose private-sector mandates related 
to consumer protection on persons engaged in the transportation 
of household goods in interstate or foreign commerce. Based on 
information from government sources, CBO estimates that the 
costs of those mandates would be small. The bill would require 
that movers:
     Supply customers with the DOT publication, ``Ready 
to Move?'' at the time that a written estimate is provided;
     Conduct a visual inspection of the household goods 
to be transported and provide a revised written estimate if the 
estimated charges are different from an earlier nonbinding 
written estimate that was done without a visual inspection;
     Comply with additional requirements for 
registration, including providing DOT with written evidence of 
participation in an arbitration program, identifying their 
tariff and providing a copy of the notice of the availability 
of that tariff for inspection, and providing evidence of their 
knowledge of and compliance with regulations related to 
consumer protection; and
     Disclose information regarding business 
relationships with any other motor carrier, freight forwarder, 
or broker of household goods within the previous three years of 
the time of disclosure.
    Estimate Prepared by: Federal Spending: Lisa Cash Driskill 
and Deborah Reis. Federal Revenues: Annabelle Bartsch. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Jean Talarico, Selena Caldera, 
Craig Cammarata, and Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In compliance with subsection (b)(2) of paragraph 11 of rule 
XXVI of the Standing Rules of the Senate, the Committee states 
that, in its opinion, it is necessary to dispense with the 
requirements of paragraph (1) of that subsection in order to 
expedite the business of the Senate.

                      Section-by-Section Analysis


Section 1. Short title

  This section established that this Act may be cited as the 
``Surface Transportation Safety Improvement Act of 2005''.

Section 2. Amendment of United States Code

  Unless otherwise stated, amendments made by this Act are to 
title 49, United States Code. Also, amendments in subtitle A of 
title II of this Act are to title 23, United States Code, 
unless otherwise stated.

Section 3. Table of contents

  This section includes the table of contents.

                     TITLE I--MOTOR CARRIER SAFETY

                       SUBTITLE A--MOTOR CARRIERS

Section 101. Short title

  This section establishes that this title may be referred to 
as the ``Motor Carrier Safety Reauthorization Act of 2005''.

Section 102. Contract authority

  The section would create contract authority to fund the motor 
carrier safety programs, including the administrative expenses 
of FMCSA.

Section 103. Authorization of appropriations

  This section would authorize the following appropriations 
from the Highway Trust Fund for FMCSA safety programs 
(excluding MCSAP) for FYs 2006 through 2009.
  For administrative expenses of the Federal Motor Carrier 
Safety Administration:
           FY 2006 $211,400,000
           FY 2007 $217,500,000
           FY 2008 $222,600,000
           FY 2009 $228,500,000
  Border Enforcement Grants:
           FY 2006 $33,000,000
           FY 2007 $34,000,000
           FY 2008 $35,000,000
           FY 2009 $36,000,000
  $4,000,000 for each of FYs 2006 through 2009 for the 
performance and registration information system management 
grant program.
  Commercial driver's license and driver improvement program 
grants:
           FY 2006 $23,000,000
           FY 2007 $23,000,000
           FY 2008 $24,000,000
           FY 2009 $25,000,000
  $25,000,000 for each of FYs 2006 through 2009 for carrying 
out the commercial vehicle information systems and networks 
deployment program.
  CDLIS Modernization
           FY 2006 $2,000,000
           FY 2007 $6,000,000
           FY 2008 $6,000,000
           FY 2009 $6,000,000
  The amounts made available under the Highway Trust Fund are 
to remain available until expended.

Section 104. High risk carrier compliance reviews

  This section would provide funds for the Secretary to 
complete compliance reviews on motor carriers that pose the 
highest safety risk. At a minimum, these compliance reviews 
will be conducted whenever a motor carrier is rated at a 
category A or B for 2 consecutive months.

Section 105. Overdue reports, studies, and rulemakings

  The section would require the Secretary to submit a schedule 
for the completion of several outstanding reports, studies and 
rulemaking proceedings to Congress within 6 months of 
enactment. Every 6 months after the initial report, until all 
outstanding reports, studies, and rulemakings are submitted, 
the Secretary shall submit a revised schedule of completion, 
indicating the progress made. The section also would require 
FMCSA to issue a report on the status of five other projects to 
the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation 
and Infrastructure within 12 months following enactment.

Section 106. Amendments to the listed reports, studies and rulemaking 
        proceedings

  This section would require the Secretary to require that a 
safety audit be immediately changed to a compliance review and 
appropriate actions be taken if there are any safety violations 
by a new motor carrier entrant. It also would ensure that the 
Secretary enforces Federal motor carrier safety regulations 
that apply to interstate CMVs designed to transport between 9 
to 15 passengers, regardless of distance traveled.

Section 107. Motor carrier safety grants

  This section provides language that would ensure 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 
hazard. It would provide that a State's training manual for the 
licensing examination to drive a motor vehicle will include 
information on best practices for driving safely in the 
vicinity of motor vehicles. It also provides that a State must 
suspend the operation of any vehicle found to be operating 
without registration or beyond the scope of its registration.
  This section would make funds available for activities 
carried out in conjunction with an appropriate inspection of a 
CMV to enforce Federal or State regulations, including 
regulating commercial motor vehicle size and weight limitations 
at locations other than fixed weight facilities, at ports, or 
at other specific locations and for the detection of the 
unlawful presence of a controlled substance in a commercial 
motor vehicle or on any occupant of the vehicle. These grants 
are also for enforcement of State traffic laws and regulations 
designed for the safe operation of commercial motor vehicles.
  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.
  This section authorizes the following amounts from the 
Highway Trust Fund to carry out section 31102:
           2006 $193,620,000
           2007 $197,490,000
           2008 $201,440,000
           2009 $205,470,000
  Up to $15,000,000 for each of FYs 2006 through 2009 of MCSAP 
grant funds could be set aside for high priority activities 
that improve commercial motor vehicle safety and are national 
in scope. The section would require that a least 80 percent of 
funds set aside for high priority projects be awarded to State 
and local agencies. Although DOT has broad discretion to 
determine the details of the program, the Secretary would be 
required, at a minimum, to focus on reductions in the number 
and rate of fatal accidents involving CMVs. The Secretary is 
also required to designate up to $29,000,000 for audits of new 
entrant motor carriers and can withhold these funds from a 
State or local government that is unable to use government 
employees to conduct these audits. Should they be unable to do 
so, the Secretary would be authorized, but not required, to 
expend the funds directly to carry out new entrant audits in 
those jurisdictions. The Secretary may also designate 
$2,000,000 in FY 2006 and up to $6,000,000 for FY 2007 through 
2009 for the modernization of the commercial driver's license 
information system.
  This section also would clarify that funds provided for 
border enforcement grants are to go to States that share a 
border with another country. Grant recipients could not use 
Federal funds to replace State funds. As a condition of 
receiving a border enforcement grant, States would be required 
to maintain their own expenditures at a level at least equal to 
the average level of expenditure by the State for the two years 
before October 1, 2005.

Section 108. Technical corrections

  Subsection (a) would amend the Hobbs Act to make clear that 
all safety statutes are subject to exclusive review by the U.S. 
Courts of Appeal.

Section 109. Penalty for denial of access to records

  FMCSA investigators have broad authority to inspect and copy 
motor carrier and shipper records and most carriers and 
shippers readily grant access to requested records. Some, 
however, deliberately impede the investigative process by 
refusing to set an audit date, or, after setting a date, by 
ordering investigators off the premises, occasionally with a 
show of force. Others take a more subtle approach, feigning 
illness or declaring an emergency during the audit, pleading 
inability to produce records because of the absence of key 
personnel, or delivering documents at a pace designed to 
prolong the audit beyond the time available to the 
investigator. While investigators can issue an administrative 
subpoena for documents, refusal to comply requires the agency 
to file an action in Federal court to enforce the subpoena. 
This process, though effective, is relatively slow and labor-
intensive, and the cost to a carrier or shipper who does not 
seriously contest the action is minimal. This section would 
create a financial penalty to dissuade uncooperative carriers 
and shippers from denying or impeding FMCSA's legitimate access 
to records.

Section 110. Medical program

  Section 110 would create a five-member Medical Review Board 
to provide FMCSA medical advice and recommendations on driver 
qualification medical standards and guidelines, medical 
examiner education, and medical research. The Secretary, with 
the advice of the Medical Review Board, would be required to 
develop medical standards for CMV drivers, requirements for 
periodic physical examinations, requirements for current valid 
medical certificates, courses for medical examiners, 
requirements for the electronic transmittal of applicant and 
numerical identifiers for any completed medical examination 
report, and to periodically review a representative sample of 
the medical examinations reports. Every CMV driver would be 
required to have a current valid medical certificate. A 
national registry of medical examiners would be established and 
only physicians listed on the registry could perform CMV driver 
physical exams and issue medical certificates.

Section 111. Operation of commercial motor vehicles by individuals who 
        use insulin to treat diabetes mellitus

  This section would require the Secretary to issue a final 
rule that will allow individuals who use insulin to treat their 
diabetes to operate a CMV in interstate commerce. The final 
rule may not require that an individual have experience 
operating a CMV while using insulin. However, the Secretary may 
require a minimum period of insulin use, consistent with the 
findings of FMCSA's expert medical panel made in July, 2000.

Section 112. Financial responsibility for private motor carriers

  The section would extend to private motor carriers the 
existing requirement for for-hire motor carriers to maintain 
minimum levels of financial responsibility to cover public 
liability and property damage for the transportation of 
passengers or goods. The Secretary may require private carriers 
to file the same evidence of financial responsibility that is 
required of for-hire carriers.

Section 113. Increased penalties for out-of-service violations and 
        false records

  The civil penalties for recordkeeping violations are $500 for 
each day the offense continues, up to a maximum of $5,000, or 
$5,000 for each recordkeeping violation that can be shown to 
have misrepresented a fact constituting a non-recordkeeping 
violation. Subsection (a) would double these penalties to up to 
$1,000 for each day the offense continues, or up to $10,000 for 
an offense that misrepresents a non-recordkeeping violation. 
Recordkeeping violations frequently have no other purpose than 
to conceal a safety violation, and they often succeed. Higher 
penalties should reduce both the number of recordkeeping 
violations and, indirectly, the number of safety violations as 
well. The current penalties for a driver who violates an out-
of-service (OOS) order are, for a first offense, a 90-day 
disqualification from operating a CMV and a civil penalty of at 
least $1,000 and for a second offense, disqualification for one 
to five years and a civil penalty of at least $1,000. An 
employer who knowingly allows or requires a driver to violate 
an OOS order is subject to a civil penalty of up to $10,000. 
OOS orders can be issued for a variety of reasons: for failure 
to pay civil penalties on schedule; for having an 
unsatisfactory safety rating; for violating the agency's hours-
of-service or equipment regulations; or because the motor 
carrier constitutes an imminent hazard. Enforcement officers 
cannot afford to spend hours monitoring a single OOS vehicle, 
and tracking possible movements of an entire OOS fleet is even 
more difficult. As a result, many OOS orders are violated. One 
effective deterrent to violating an OOS order is to raise the 
cost to violators. Subsection (b) would increase to a maximum 
of $25,000 the civil penalty for a motor carrier that knowingly 
orders a driver to proceed despite an OOS order. An employer 
who knowingly and willfully ignores OOS orders is liable to 
imprisonment for up to a year or a fine of up to $100,000 if 
the violation did not result in death, or up to $250,000 if it 
did result in death, or both. The section also would increase 
penalties for drivers who decide on their own to ignore an OOS 
order. Subsection (b) would increase a driver's penalty for a 
first offense to a 180-day disqualification and a civil penalty 
of at least $2,500, and, for a second offense, to a two to five 
year disqualification and a civil penalty of up to $5,000.

Section 114. Intrastate operations of interstate motor carriers

  As defined in 49 U.S.C. 31132(1), a vehicle is not a CMV 
unless it operates in interstate commerce. One of the 
implications of the definition is that the Secretary's 
authority to determine the safety fitness of CMV owners and 
operators encompasses the accident and safety inspection record 
of such companies or individuals on interstate trips, but not 
on intrastate trips. Most interstate motor carriers also have 
substantial intrastate operations. For safety purposes, it is 
artificial and counterproductive to create two classes of 
accidents and safety inspection data--one subject to Federal 
jurisdiction, the other not--when both classes typically 
involve the same vehicles, drivers, dispatchers, mechanics, and 
safety management controls, and may be involved in the same 
kind of accidents or violations. In examining a motor carrier's 
accident and inspection data, it is often difficult, and 
sometimes impossible, to determine whether the vehicle involved 
was making an interstate or intrastate trip. This has produced 
significant variation and potential for inaccuracy in the 
accident rates and Motor Carrier Safety Status Measurement 
System scores calculated for motor carriers, and thus in DOT's 
ability to hold all carriers to the same standard. In order to 
simplify and rationalize the analysis of accident data and 
provide a more complete picture of the safety of motor carrier 
operations, subsection (a) would require the Secretary, in the 
course of determining the safety fitness of CMV owners and 
operators, to consider the accident and inspection record of 
such owners and operators both on interstate and intrastate 
trips. In addition, owners and operators of CMVs who are 
determined to be unfit and prohibited from operating in 
interstate commerce also would be prohibited from operating 
CMVs in intrastate commerce until they are able to demonstrate 
their fitness. There is no good reason to allow an unfit 
interstate carrier to narrow its operations to a single State, 
and thus visit its safety deficiencies upon the residents of 
that State alone. Finally, the Secretary would be directed to 
place all interstate operations of a motor carrier out of 
service if a State has placed out of service the intrastate 
operations of a carrier that has its principal place of 
business in that State. A Federal safety determination that an 
interstate motor carrier is unfit would thus halt both its 
interstate and intrastate operations, while a State safety 
determination that an intrastate carrier is unfit will halt 
both its intrastate and any interstate operations.

Section 115. Authority to stop commercial motor vehicles

  The section would authorize FMCSA officials to order trucks 
on the road to stop for inspection. Today, State MCSAP 
officers, but not FMCSA officials, have such authority. With 
the opening of the Mexican border, however, Federal inspectors 
will play an expanded role in roadside enforcement. In 
addition, there is no guarantee that State or local police 
officers will always be available at border facilities or at 
other vehicle inspection facilities throughout the nation to 
order trucks to stop for an FMCSA inspection.

Section 116. Revocation of operating authority

  This section would authorize the Secretary to suspend the 
registration of a motor carrier, a freight forwarder, or a 
broker for failing to comply with safety regulations 
established by the Secretary. In addition, the Secretary would 
be required to revoke the registration of a motor carrier that 
has failed to comply with Federal safety fitness requirements. 
The Secretary also would be required to revoke the registration 
of a motor carrier whose operations are an imminent hazard to 
public health or property. In order to suspend or revoke a 
registration, the Secretary must give prior notice to the 
registrant.

Section 117. Pattern of safety violations by motor carrier management

  Some motor carrier managers order, encourage, or tolerate 
widespread regulatory violations. When caught, these managers 
sometimes declare bankruptcy, rename the motor carrier, 
reshuffle the managers' titles, sell its assets to a pre-
existing shell corporation owned and managed by the same 
people, or otherwise attempt to evade the payment of civil 
penalties, obscure the identity of the motor carrier and thus 
its safety record. Although the total number of such managers 
is small, their actions create a risk disproportionate to their 
numbers. The section would address these problems by 
authorizing the Secretary to suspend, amend, or revoke the 
registration of a for hire motor carrier if any of its officers 
has engaged in a pattern or practice of avoiding compliance, or 
concealing non-compliance, with Federal motor carrier safety 
standards. In this context, ``officer'' means owner, director, 
chief executive officer, chief operating officer, chief 
financial officer, safety director, vehicle maintenance 
supervisor, and driver supervisor of a motor carrier. This 
provision would not apply to all motor carrier officers whose 
companies are found to be in violation of the Federal safety 
rules. Rather, it is intended to authorize the Secretary to 
force out of the industry only those few motor carrier officers 
who have shown unusual and repeated disregard for safety 
compliance. It is expected that the Secretary would use this 
authority only in the most serious cases.

Section 118. Motor carrier research and technology program

  This section would establish a motor carrier research and 
technology program. The goal is to support, through contracts, 
cooperative agreements, and grants, research designed to 
produce innovative advances in motor carrier, driver, and 
passenger safety. Equally critical, however, would be the 
transfer of promising results, whether technical or 
operational, to potential users and rapid deployment of the 
fruits of research and development. The Federal share of the 
cost of activities carried out under a cooperative research and 
development agreement will not exceed 50 percent, except when 
there is substantial public interest or benefit, as determined 
by the Secretary. Research, development, or use of a technology 
under a cooperative research and development agreement, 
including the terms under which the technology may be licensed 
and the resulting royalties may be distributed, would be 
subject to the Stevenson-Wydler Technology Innovation Act of 
1980.

Section 119. International cooperation

  Section 239 would authorize the Secretary to participate in 
international activities to enhance motor carrier safety. FMCSA 
needs this authority to aid in implementing the North American 
Free Trade Agreement (NAFTA) and to carry on discussions with 
U.S. trading partners concerning a variety of safety issues.

Section 120. Performance and registration information system management

  The Performance and Registration Information System 
Management Program (PRISM) is a voluntary program in which 
States can participate to identify motor carriers and hold them 
responsible for the safety of their operations. The program 
includes two major processes: a commercial vehicle registration 
process, through which States ensure that no vehicle is plated 
without identifying the carrier responsible for the vehicle's 
safety during the registration year, and a motor carrier safety 
improvement process, designed to improve the safety performance 
of motor carriers with demonstrated poor safety performance. As 
of March 2004, 27 States participated in the PRISM program, 
also the States of Alaska and New York have provided the FMCSA 
with a Letter of Intent to implement the PRISM program. PRISM 
is an effective enforcement tool that enables the States to 
deny, suspend, or revoke a motor carrier's commercial motor 
vehicle registrations when FMCSA determines that the carrier 
has become unfit to operate CMVs safely. By itself, an out-of-
service (OOS) order from FMCSA sometimes has little effect. 
However, when the State simultaneously confiscates the motor 
carrier's CMV license plates, the carrier's ability to continue 
operating without detection is greatly reduced. Grants to 
implement PRISM would be authorized by section 103 of the bill. 
This section would establish in statute certain requirements 
for participation in the program. In order to participate, 
States would have to comply with uniform standards set by the 
Secretary and have the legal authority to impose CMV 
registration sanctions on the basis of a Federal safety fitness 
determination. Another condition for participation in the 
program would be that States cancel the motor vehicle 
registration, and seize the plates, of an employer who 
knowingly allows an employee to operate a CMV in violation of 
an OOS order.

Section 121. Commercial vehicle information systems and networks 
        deployment

  This section would provide States grants to complete core 
deployment of the Commercial Vehicle Information Systems and 
Networks program (CVISN). The purpose of this program is to 
provide technological advances in commercial vehicle 
operations. ``Core deployment'' means the deployment of systems 
necessary to provide safety information exchange to 
electronically collect and transmit commercial vehicle and 
driver inspection data at a majority of inspection sites; to 
connect to the Safety and Fitness Electronic Records (SAFER) 
system for access to interstate carrier and commercial vehicle 
data, summaries of past safety performance, and commercial 
vehicle credentials information; and to exchange carrier data 
and commercial vehicle safety and credentials information 
within the State and connect to SAFER for access to interstate 
carrier and commercial vehicle data.

Section 122. Outreach and education

  The section would authorize FMCSA and NHTSA to undertake 
outreach and education initiatives. The ``Share the Road 
Safely'' program would be jointly managed by the agencies and a 
total of $1 million would be authorized for the program for FY 
2004.

Section 123. Foreign commercial motor vehicles

  In response to concerns raised by the Department of 
Transportation's Inspector General regarding foreign commercial 
motor vehicles operating beyond their operating authority, this 
section would require FMCSA to provide outreach and training to 
ensure that States are properly enforcing operating authority 
requirements for foreign commercial vehicles. Additionally, 
this section would require a study of whether current or future 
Canadian and Mexican truck fleets that operate or are expected 
to operate in the United States meet U.S. truck safety 
standards. The Committee is concerned that some foreign 
commercial motor vehicles operating in the United States might 
not appreciably meet certain U.S. vehicle safety standards 
required upon manufacture of the vehicle. However, because the 
current system of identifying compliance with such standards is 
not used by foreign commercial motor vehicles and similar 
safety standards in other nations are not identical to U.S. 
standards, the present state of compliance with U.S. standards 
is unclear. The Committee expects the study to address these 
questions and serve as the basis for later consideration of 
this issue.

Section 124. Pre-employment safety screening

  This section would require the Secretary of Transportation to 
provide electronic access of commercial motor vehicle accident 
report information and all driver safety violations contained 
in the Motor Carrier Management Information System to companies 
conducting pre-employment screening services for the motor 
carrier industry. The information released to these companies 
will require the written consent of the driver applicant, be in 
accordance with all Federal laws, and will ensure the 
information is only made available to an authorized company or 
individual. The use of this pre-screening process is not 
mandatory and may be used only during the pre-employment 
assessment of a driver-applicant.

Section 125. Office of intermodalism

  This section would allow the Director of the Office of 
Intermodalism to use funds made available for grants to the 
States under section 5504 of Title 49, United States Code to 
provide technical assistance for intermodal data collection. 
The section also instructs the Director to develop a plan to 
improve the national intermodal transportation system and 
report on such improvements. Additionally, the section requires 
that the Director, in conjunction with the Director of the 
Bureau of Transportation Statistics, develop common measures to 
compare transportation investments across modes and to 
formulate new methodology for measuring the impacts of 
intermodal transportation.

Section 126. Decals

  This section would require that the Commercial Vehicle Safety 
Alliance (CVSA) shall not restrict the sale of commercial motor 
vehicle safety inspection decals to FMCSA if FMCSA continues to 
abide by the agreement it has with CVSA to the extent possible 
in accordance with the law. CVSA and FMCSA have a long-standing 
and successful partnership in ensuring the safety of commercial 
motor vehicles. A recent dispute regarding safety inspection 
decals between the two entities suggests that processes for 
resolving disputes should be improved. While the Committee 
expects FMCSA to live up to its commitments with CVSA, the 
Committee also believes that inspection decals should not be 
unilaterally withheld from the Federal agency responsible for 
ensuring motor carrier safety.

Section 127. Roadability

  This section would require the Secretary, not later than 1 
year after enactment, to issue regulations establishing a 
program to ensure that intermodal equipment used to transport 
intermodal containers is safe and systematically maintained. 
This language is generally consistent with a private sector 
agreement on intermodal equipment interchanged between 
railroads, steamship lines and trucking companies. This section 
places the maintenance responsibility on the companies that 
provide the equipment and control the daily disposition of it. 
It would require the Secretary to promulgate regulations 
identifying intermodal equipment providers responsible for the 
inspection and maintenance of intermodal equipment and matching 
intermodal equipment to the equipment provider through a unique 
identifying number. A rulemaking proceeding for regulations 
under this section shall be established within 120 days after 
enactment of this Act.
  Under this section, any intermodal equipment that fails to 
comply with applicable safety regulations may be placed out of 
service and the Secretary, or his designee, may inspect 
intermodal equipment and copy related maintenance and repair 
records. This section of the bill preempts any law, regulation, 
order or other requirement of a State, political subdivision of 
a State, or tribal organization.
  This section defines the terms ``intermodal equipment'', 
``intermodal equipment interchange agreement'', ``intermodal 
equipment provider'', and ``interchange''.

Section 128. Motor carrier regulations

  This section would cause the regulations regarding maximum 
driving and on-duty time for drivers used by motor carriers not 
to apply, during planting and harvesting periods as determined 
by the States, to drivers transporting agricultural commodities 
or farm supplies for agricultural purposes, if the 
transportation is limited to an area within a 100 mile radius 
from the source of the commodities or the distribution site for 
the farm supplies. This section also provides a definition for 
the terms ``agricultural commodity'' and ``farm supplies''. The 
section would also clarify the regulations regarding commercial 
motor vehicles providing transportation of property or 
passengers to or from a theatrical or television motion picture 
production and also for utility service vehicles.

                SUBTITLE B--UNIFIED CARRIER REGISTRATION

Section 131. Short title

  The subtitle may be cited as the ``Unified Carrier 
Registration Act of 2005''.

Section 132. Relationship to other laws

  The section would clarify that the subtitle is not intended 
to prohibit a State from enacting or enforcing any law or 
regulation with respect to motor carriers that is not otherwise 
prohibited by law.

Section 133. Inclusion of motor private and exempt carriers

  This section would amend 49 U.S.C. 13905 to define 
``registration'' for purposes of the Unified Carrier 
Registration System (UCRS) and the UCRS Plan and Agreement as 
the filing by a carrier of a MCS Form 150 to obtain a DOT 
identification number. The definition would apply to those 
carriers who have obtained operating authority from the FMCSA, 
as well as those carriers exempt from the provisions of that 
chapter, such as intermodal carriers, transporters of 
agricultural products, private carriers, freight forwarders, 
brokers, and leasing companies. Although not affecting the 
levels or types of insurance required by private or for-hire 
carriers, the section extends the requirement to file evidence 
of financial responsibility in the amounts currently required 
by 49 U.S.C. 31138 and 31139 to all ``registered'' carriers. It 
does not affect the levels or types of insurance required by 
registered carriers. The section also would require the 
Secretary to prescribe the form of evidence that will be 
required of motor private carriers.

Section 134. Unified carrier registration system

  This section would direct the Secretary, in cooperation with 
States and industry representatives, to develop a single, on-
line system, within one year following enactment, containing 
all records of motor carriers registered with DOT, including 
their safety data, DOT identification number, (which will be 
replacing the MC number for all motor carriers), evidence of 
financial responsibility, and the service of process agents. 
Federal and State agencies, carriers, shippers and the public 
would have access to the system. The UCRS would replace the 
SSRS. The section also would require the Secretary to adopt 
procedures enabling a carrier to correct any erroneous data 
contained anywhere in the UCRS and sets the parameters for a 
fee system with respect to the filing and retrieval of 
information from the UCRS. The fee for a new registrant would 
be required as early as possible to cover the costs of 
processing the registration and conducting the safety audit or 
examination, if required, but could not exceed $300. The fee 
for filing evidence of financial responsibility could not 
exceed $10 per filing.

Section 135. Registration of motor carriers by States

  The section would make it an unreasonable burden on 
interstate commerce for any State or political subdivision to 
impose, enact, or enforce any requirement or levy any fee on 
for-hire and private interstate motor carriers for: (1) 
registering the carrier's interstate operations with a State, 
(2) filing evidence of financial responsibility with a State, 
(3) filing the name of the local agent for service of process 
with a State, or (4) renewing intrastate authority, insurance 
filings, or other filing requirements if the carrier is 
registered with FMCSA and in compliance with other applicable 
State laws. Item (4) would not apply to certain carrier 
operations that are specifically exempted from preemption 
provisions, such as purely intrastate bus operations, 
intrastate transportation of household goods, non-consensual 
towing, and the transportation of waste and recyclables. The 
section would preserve the exemption for interstate carriers 
from State sales taxes and other fees if a State provides such 
an exemption to intrastate carriers. The section would not 
limit State fuel taxes or vehicle registration fees. The 
section also would establish a 15-member Board of Directors 
comprised of the Secretary of Transportation, representatives 
of participating States, and representatives of the trucking 
industry to govern the new program. The Board would be required 
to develop the rules and regulations that will govern UCRS and 
submit the rules and regulations to the Secretary for approval. 
States wishing to participate in UCRS would be required to 
submit a plan to the Secretary, within three years following 
enactment, identifying the State agency that will administer 
UCRS and containing assurances that an amount at least equal to 
the revenue derived from UCRS will be devoted to motor carrier 
safety. States declining to participate would lose the right to 
share in UCRS revenues. UCRS fees would be determined by the 
UCRS Board of Directors with the approval of the Secretary and 
be based on the size of a carrier's commercial vehicle fleet. 
At least four, but no more than six, ranges of fleet size could 
be established by the Board for purposes of the fee structure. 
Brokers, non-vehicle operating freight forwarders, and leasing 
companies would pay the fee established for smallest carrier 
fleet. The level of fees could be adjusted if the revenues are 
deficient or exceed those needed to cover the systems cost and 
the revenues to which the States are entitled. Fees would be 
paid to the carrier's base-State, generally the State in which 
the carrier maintains its principal place of business. States 
that currently participate in the SSRS and choose to 
participate in UCRS would be guaranteed the revenues they 
derived from SSRS during the last fiscal year ending prior to 
enactment of this Act. States that did not participate in SSRS 
but opt to join UCRS would be entitled to annual revenues of 
not more than $500,000. The UCRS Board of Directors would 
determine the amount of UCRS revenues to which a State is 
entitled, with the approval of the Secretary. Each 
participating State would be entitled to retain funds 
equivalent to the revenues to which it is entitled. Excess 
funds would be deposited in a designated repository for 
distribution on a pro rata basis to those States which do not 
collect the full amount of the revenues to which they are 
entitled. Remaining funds would be used to offset the cost of 
the operation of UCRS. Any remaining funds after distribution 
to the States and payment of costs would be held in the 
repository and the next year's fees would be reduced 
accordingly. The section would allow the Secretary to request 
the Attorney General to bring a civil action to enforce the 
terms of the Plan and Agreement, including injunctive relief. 
States could impose fines and other penalties against any party 
that does not submit the required information or pay the 
required fees. States would be prohibited from requiring a 
carrier from having any indicia or other document as evidence 
of compliance. Finally, the section would allow a State to 
elect to apply the UCRS to carriers that operate solely in 
intrastate commerce.

Section 136. Identification of vehicles

  Section 136 would prohibit a State or political subdivision 
from requiring a motor carrier, motor private carrier, or 
freight forwarder to display any additional form of 
identification on or in a commercial vehicle. The prohibition 
would not apply to credentials required under the International 
Registration Plan or the International Fuel Tax Agreement, or 
in connection with Federal hazardous materials regulations or 
Federal vehicle inspection standards.

Section 137. Use of UCR agreement revenues as matching funds

  UCRS revenues may be used to meet a State's match for MCSAP 
funds.

                SUBTITLE C--COMMERCIAL DRIVER'S LICENSES

Section 151. CDL task force

  This section would require the Secretary to convene a task 
force to study and report on the need for improvements to the 
CDL program in order to improve safety. The task force would be 
required to address such issues as State enforcement practices, 
operational procedures to detect and deter fraud, needed 
improvements for seamless information-sharing between States, 
updated technology, and timely notification from judicial 
bodies of traffic and criminal convictions involving CDL 
holders. The task force would be required to submit a report to 
the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation 
and Infrastructure within two years following enactment.

Section 152. CDL learner's permit program

  Pursuant to recommendations made by the DOT Inspector 
General, this section would require that individuals pass a 
written test to obtain a CMV license learner's permit. 
Learner's permits would be incorporated into the CDLIS 
database.

Section 153. Grants to States for commercial driver's license 
        improvements

  This section would allow the Secretary to make a grant to a 
State to improve the implementation of the commercial driver's 
license program, providing that the State is making a good 
faith effort toward substantial compliance with the 
requirements made in this bill. The State may use this grant 
for expenses related to its commercial driver's license 
program, but the grant may not be used to rent, lease, or buy 
land or buildings.
  The Secretary would reimburse a State for no more than 80 
percent of the cost of the improvements and each State would be 
required to maintain its previous level of CDL expenditures. 
The Secretary could designate up to 10 percent of the funds 
available under this subsection for high-priority grants. The 
Secretary could also designate up to 10 percent of the CDL 
grant funds for discretionary allocations to State agencies, 
local governments, or other persons to deal with emerging 
problems. Up to 0.75 percent of the funds available for CDL 
grants could be deducted for administrative expenses.

Section 154. Modernization of CDL information system

  This section would require the Secretary of Transportation to 
establish an account to be known as the ``Information System 
Modernization Account''(ISMA). Fees in excess of the costs of 
operating the information system collected for any fiscal year 
beginning after FY 2006 by the Secretary of Transportation, or 
an organization that represents the interests of the States, 
would be credited to the ISMA. These funds would be available 
only for the purpose of modernizing the information system. 
This section would also require the Secretary to establish a 
comprehensive plan for modernization of the information system 
and set a date by which each State must convert to the new 
information system. Also, within one year of enactment of this 
Act, the Inspector General of the Department of Transportation 
shall perform a baseline audit of the information system that 
includes an assessment of the validity of the data in the 
information system, an assessment of the extent to which 
convictions are validly posted on a driver's record, 
recommendations to the Secretary on how to update the baseline 
audit annually to ensure that any shortcomings in the 
information system are addressed, a methodology for conducting 
the update, and any recommendations the Inspector General feels 
necessary to improve the integrity of the data collected.

                 TITLE II--HIGHWAY AND VEHICULAR SAFETY

Section 201. Short title

  This section would establish that this title may be cited as 
the ``Highway and Vehicular Safety Reauthorization Act of 
2005''.

                SUBTITLE A--HIGHWAY SAFETY GRANT PROGRAM

Section 211. Short title

  The subtitle is entitled the ``Highway Safety Grant Program 
Reauthorization Act of 2005''.

Section 212. Authorization of appropriations

  This section would authorize amounts from the Highway Trust 
Fund for safety programs administered by NHTSA. The aggregate 
proposed authorization is approximately $696 million for FY 
2006, $711 million for FY 2007, $728 million for FY 2008, and 
$746 million for FY 2009. In addition, this section provides 
that, if revenue to the Highway Trust Fund for a given fiscal 
year is lower than the amounts authorized in subtitle A, such a 
reduction would not affect the highway safety programs provided 
for in this bill. Finally, this section would provide for a 
proportional increase for NHTSA's grant programs if revenue to 
the Highway Trust Fund increases above currently authorized 
amounts.

Section 213. Highway safety programs (section 402)

  This program would be reauthorized for FYs 2006 through 2009 
at an average annual funding level of $217 million, a 40 
percent increase from the TEA-21 level. These grants, allocated 
according to a formula, fund States' safety programs, such as 
safety belts, drunk driving, motorcycle, pedestrian and bicycle 
safety, emergency medical services, traffic law enforcement and 
roadway safety.

Section 214. Highway safety research and outreach programs (section 
        403)

  This program would be reauthorized for FYs 2006 through 2009 
at an average annual funding level of $142 million. These 
programs focus on the research and development of safety 
countermeasures related to impaired driving, occupant 
protection, traffic law enforcement and criminal justice, 
licensing, motorcycle, pedestrian, bicycle, teen drivers and 
emergency medical services. The States use this research to 
model their safety programs for the most impact on saving lives 
and reducing injuries. This section also would provide $24 
million a year to NHTSA to launch national advertising 
campaigns to increase seat belt use and reduce drunk driving 
during holiday periods. Launching these advertising campaigns 
at the national level is much more cost effective than 
individual States buying advertising at the local level.

Section 215. National highway safety advisory committee technical 
        correction

  This section would make a minor technical correction to 
section 404(d) of title 23, United States Code.

Section 216. Occupant protection grants (section 405)

  This new program would be funded at an average annual level 
of $154 million. The program would grant money to States that 
enact a new primary seat belt law and to States that have 
already enacted a primary seat belt law. States that have 
already enacted a primary seat belt law would receive a one-
time grant over the life of the bill equal to 250 percent of 
their FY 2003 grant from section 402. States that enact a new 
primary seat belt law after December 31, 2002 would receive a 
one-time grant over the life of the bill equal to 500 percent 
of their FY 2003 grant from section 402. Most of this grant 
money may be used for highway safety construction purposes.

Section 217. Older driver safety; law enforcement training (section 
        406)

  This section would amend section 406 by adding an older 
driver research and demonstration program and a law enforcement 
training program to train law enforcement personnel in police 
chase techniques that are consistent with guidelines issued by 
the International Association of Chiefs of Police.

Section 218. Emergency medical services (section 407)

  This section would create a new section 407(a) of title 23, 
United States Code, directing the Secretary and the Secretary 
of Homeland Security to establish jointly a Federal Interagency 
Committee on Emergency Medical Services (Interagency 
Committee). One purpose of the Interagency Committee would be 
to ensure coordination among the Federal agencies involved with 
State, local, tribal, or regional emergency medical services 
and 9-1-1 systems. This section also would provide funding to 
aid the States in conducting coordinated emergency medical 
services and 9-1-1 programs as described in this section.

Section 219. Repeal of authority for alcohol traffic safety programs

  This section would eliminate section 408 of title 23, United 
States Code, which would be replaced largely by a rewritten 
section 410.

Section 220. Impaired driving program (section 410)

  This program would be reauthorized for FYs 2006 through 2009 
at an average annual funding level of $132 million. States can 
qualify for a grant by enacting four out of the following seven 
criteria in FY 2006 and FY 2007, and by enacting five out of 
the following seven criteria in FY 2008 and FY 2009. States may 
choose from the following menu of policy options: (1) impaired 
driving check points and saturation patrols; (2) outreach to 
judges and prosecutors to improve prosecution of drunk driving 
cases; (3) create an information system for government use that 
tracks drunk driving arrests and convictions; (4) reduce for 
two years in a row the percentage of fatally-injured drivers 
with a blood alcohol content of 0.08 percent; (5) a program 
that returns State and local fines collected for drunk driving 
offenses back into drunk driving prevention programs; (6) enact 
a law that creates greater penalties for drivers convicted of 
driving with a blood alcohol content of 0.15 percent or higher; 
and (7) create specialized courts for handling only impaired 
driving cases. The ten States with the highest rate of impaired 
driving fatalities will be eligible for an additional grant.

Section 221. State traffic safety information system improvements 
        (section 412)

  This section would create a new discretionary grant program, 
funded at $45 million for each of FYs 2006 through 2009 to 
encourage States to improve their traffic records systems by 
increasing the efficiency and uniformity of data collection and 
access through upgrading data collection systems. The purpose 
is to develop a more accurate data base of vehicle crash 
characteristics that will allow traffic safety professionals to 
better identify traffic safety problems, and develop effective 
countermeasures on a more timely basis.

Section 222. NHTSA accountability

  This section would create a framework for advancing NHTSA's 
management of its grant programs and its program 
recommendations to the States. It would require a review of 
each State highway safety program at least once every three 
years along with recommendations on how each State may improve 
the management and oversight of its grant activities. It would 
also develop management and program review guidelines for the 
NHTSA Regional Offices. The General Accounting Office will 
conduct a study on the effectiveness of the advice and 
recommendations given to the States by NHTSA. In addition, this 
section would increase NHTSA's accountability to the public by 
requiring the agency to post for public review on its website 
documents such as the NHTSA management review and program 
review guidelines.

Section 223. Grants for improving child passenger safety programs

  This section would authorize grants to States to implement 
Anton's Law, which is aimed at increasing the use of booster 
seats for small children.

Section 224. Motorcyclist safety training and motorist awareness 
        programs

  This section would create a new section 414 of title 23, 
United States Code, to provide grants to States to implement 
motorcycle safety training programs based on specific criteria, 
including improvements to motorcyclist safety training, program 
delivery, and public awareness.

          SUBTITLE B--SPECIFIC VEHICLE SAFETY-RELATED RULINGS

Section 251. Vehicle rollover prevention and crash mitigation

  This section would require the Department to issue a 
comprehensive set of rules to reduce deaths and injuries caused 
by passenger vehicle rollovers. The rules must reduce rollovers 
by promoting using new technologies, reduce ejections of 
passengers from vehicles that do rollover, and protect 
occupants in rollover accidents. In formulating the safety 
standards, the Secretary shall consider the ejection mitigation 
capabilities of safety technologies, such as advanced side 
glazing, side curtains, and side impact air bags. The bill 
includes deadlines for issuing these rules.

Section 252. Side-impact crash protection rulemaking

  This section would require NHTSA to complete a rulemaking 
proceeding under chapter 301 of Title 49 to establish a 
performance standard to enhance occupant protection in side 
impact crashes.

Section 253. Tire research

  This section would require the Secretary to transmit a report 
on research conducted to address tire aging and provide 
recommendations for a potential rulemaking regarding tire 
aging.

Section 254. Vehicle backover avoidance technology study

  This section would require NHTSA to study technologies for 
automobiles that would reduce injuries and deaths caused by 
cars and trucks backing up.

Section 255. Nontraffic incident data collection

  This section would direct NHTSA to establish methods of 
collection and maintenance of data on injuries and deaths 
involving motor vehicles in non-traffic situations to assist in 
the analysis regarding the inclusion of backover prevention 
technologies in vehicles.

Section 256. Safety belt use reminders

  This section would repeal existing law that limits audible 
seat belt reminders to no more than eight seconds and requires 
the Secretary to conduct a study of advanced safety belt 
reminder systems to help achieve further gains in safety belt 
use.

Section 257. Amendment of Automobile Information Disclosure Act

  This section would amend the Automobile Information 
Disclosure Act by requiring automobile safety ``star'' ratings 
compiled by NHTSA's New Car Assessment Program (NCAP) to be 
placed on the window sticker of new automobiles in a similar 
manner to the gas mileage information.

Section 258. Power window switches

  This section would require NHTSA to issue a rulemaking by 
April 2007 in which power windows in automobiles not in excess 
of 10,000 pounds must have switches that would raise the window 
only when the switch is pulled up or out.

Section 259. 15-Passenger vans

  This section would require NHTSA to include the testing of 
15-passenger vans as part of its rollover resistance program. 
It would also prohibit school systems from purchasing or 
leasing a motor vehicle designed to transport 15 passengers if 
the vehicle will be used to transport school children to or 
from school or a school-related event unless that vehicle 
complies with all existing Federal Motor Vehicle Safety 
Standards prescribed for school buses.

Section 260. Authorization of appropriations

  This section would authorize the following amounts for NHTSA 
to carry out the above rulemakings:
           $136 million for FY 2006,
           $142.8 million for FY 2007,
           $149.9 million for FY 2008, and
           $157.4 million for FY 2009.

                     TITLE III--HAZARDOUS MATERIALS

Section 301. Short title

  This section contains the short title and table of contents.

    SUBTITLE A--GENERAL AUTHORITIES ON TRANSPORTATION OF HAZARDOUS 
                               MATERIALS

Section 321. Purpose

  This section would update and clarify the purpose of chapter 
51 of title 49, United States Code.

Section 322. Definitions

  This section would modify definitions as indicated below.
  The definition of ``commerce'' would be amended to provide 
jurisdiction over hazardous materials activities being 
conducted on a U.S.-registered aircraft anywhere in the world. 
The purpose of this proposed provision is to clarify that DOT 
has the authority, under Federal hazardous materials 
transportation law (49 U.S.C. 5101-5127), to regulate hazardous 
materials transportation conducted on all U.S.-registered 
aircraft.
  The definitions of ``hazmat employee'' and ``hazmat 
employer'' would be amended to clarify that the terms include 
the self-employed, including owner-operators of motor vehicles, 
vessels or aircraft, and temporary or part time employees.
    The definition of ``motor carrier'' would be amended by 
clarifying that it includes a freight forwarder, as defined in 
49 U.S.C. 13102, only if the freight forwarder is performing a 
function related to highway transportation. Also, the 
definition of ``imminent hazard'' would be further clarified.
  Finally, the definition of ``person'' would be amended so 
that the requirements of chapter 51 apply to additional 
activities of government agencies and Indian tribes, and would 
include those that design, manufacture, fabricate, inspect, 
mark, maintain, recondition, repair, or test a package, 
container, or packaging component for use in the transportation 
of hazardous materials in commerce.

Section 323. General regulatory authority

  This section would amend subsection 5103(a), title 49, United 
States Code, to update the terminology used to describe 
materials the Secretary is required to designate as hazardous 
under that subsection. It would also amend subsection 
5103(b)(1)(A) to conform with the definition changes made to 
section 5102.

Section 324. Limitation on issuance of hazmat licenses

  This section would require the Secretary of HHS to recommend 
to the Secretary of Transportation any chemical or biological 
material or agent to be regulated as a hazardous material in 
transportation.

Section 325. Background checks for foreign drivers hauling hazardous 
        materials

  This section would require that motor carriers registered in 
Mexico and Canada and transporting hazardous material in the 
U.S. be subject to a background records check similar to that 
which will apply to U.S.-licensed motor carriers. In addition, 
the bill improves procedures for hazmat background checks to 
eliminate redundancy, improve notification, and ensure due 
process and provides for a study of the capacity to perform 
background checks currently.

Section 326. Representation and tampering

  This section would make technical changes to section 5104 for 
purposes of clarity.

Section 327. Transporting certain material

  This section would amend section 5105 by deleting subsection 
(d) because the required study has been completed and submitted 
to Congress.

Section 328. Hazmat employee training requirements and grants

    This section would allow training grants for the ``Train 
the Trainer'' program to also be made to instructors to train 
hazmat employees, to the extent determined appropriate by the 
Secretary.

Section 329. Registration

    The Secretary would be allowed to require a registration 
statement from persons who design and inspect a package or 
packaging component that is represented as qualified for use in 
transporting hazardous materials in commerce. This proposed 
change is consistent with the changes to section 5103(b)(1) 
regarding persons subject to the hazardous materials 
regulations.
  To reduce registrants' reporting requirements, a registrant 
would no longer have to identify each registration-requiring 
activity that it conducts in each State. Rather, the registrant 
would only have to list each State in which it transports or 
causes to be transported a hazardous material in a quantity and 
manner requiring registration.
  Section 5108(g)(1) would be amended by replacing ``may'' with 
``shall'' in order to establish explicitly that the Secretary 
must impose a registration fee sufficient to cover 
administrative processing costs. Indian tribes and States would 
be exempted from the requirements to register and pay 
registration fees.
  This section also would reduce the maximum fee that would be 
assessed under section 5108(g)(2)(A) from $5,000 to $3,000. The 
Secretary would be directed to reinstate the fees that were 
suspended due to regulatory action.

Section 330. Shipping papers and disclosure

  This section would require that each person who prepares a 
shipping paper must make the disclosures that the Secretary 
prescribes by regulation. Subsection 5110(b) would be deleted 
as unnecessary because the informational elements set forth in 
that subsection are already required by the Secretary under the 
hazardous material regulations.
  This section would require that shippers retain shipping 
papers for three years after the shipping paper is provided to 
the carrier, while maintaining the current one year retention 
requirement for carriers.

Section 331. Rail tank cars

  This section would repeal section 5111 as the Secretary has 
further specified requirements for rail tank cars.

Section 332. Unsatisfactory safety ratings

  This section would provide that an unfit owner or operator 
transporting hazardous material in commerce, as determined by 
the Secretary, shall be subject to the civil penalties in 
section 5123 and the criminal penalties in section 5124.

Section 333. Training curriculum for the public sector

  Several technical amendments would be made to reflect that 
the public-sector training curriculum has already been 
developed and to focus the statutory provisions on maintaining, 
not developing, the curriculum.
  The training curriculum would be required to include 
appropriate emergency response training and planning programs 
for public-sector employees developed with Federal financial 
assistance, not just those under other Federal grant programs.

Section 334. Planning and training grants; emergency preparedness fund

  This section would eliminate the current requirement that the 
State share of planning and training grants must be above and 
beyond ``maintenance of effort'' funds. In subsection (g), the 
phrase ``government grant programs'' would be broadened to 
``Federal financial assistance programs'' in order to provide 
for more complete coordination of funding sources.
  This section also would amend section 5116 to provide a name 
for the account established under subsection 5116(i), calling 
it the ``Emergency Preparedness Fund.'' Amounts collected by 
the Secretary under subsection 5108(g)(2)(C) would be deposited 
into the Emergency Preparedness Fund and could be used for 
emergency planning and training grants under subsection 5116(a) 
and (b), monitoring and technical assistance under subsection 
5116(f), and administrative costs of carrying out sections 
5116, 5108(g)(2), and section 5115. It also would clarify that 
these amounts may be used to publish and distribute the 
Emergency Response Guidebook. Information on the allocation and 
uses of the grants would be made available to the public on an 
annual basis.

Section 335. Special permits and exclusions

  This section would clarify that the Secretary may issue a 
special permit to any person who performs a function identified 
under section 5103(b)(1).
  In addition, this section would change the maximum initial 
effective period of a special permit to two years, and provide 
for the renewal of special permits for successive four-year 
periods. This change would eliminate a great deal of 
unnecessary industry application time and government processing 
time involved in the present two-year renewal process.
  This section also would repeal a requirement that the 
Secretary maintain 30 hazardous materials safety inspectors 
more than the number of inspectors authorized at the end of FY 
1990. The PHMSA maintains inspectors in excess of this 
requirement and, pursuant to recommendations resulting from a 
department-wide DOT review of the hazmat program, is requesting 
more flexibility about how inspectors should be utilized.

Section 336. Uniform forms and procedures

  This section would reflect the fact that the working group 
established to formulate uniform registration and permitting 
forms and procedures has completed its task and submitted a 
report to Congress. The section would authorize the Secretary 
to prescribe regulations to establish uniform forms and 
regulations for States to: (1) register and issue permits for 
the transportation of hazmat by motor vehicle; and (2) permit 
the transportation of hazmat in a State. In addition, States 
would be authorized to participate in the uniform forms and 
procedures program recommended by the Alliance for Uniform 
Hazmat Transportation Procedures.

Section 337. Hazardous materials transportation safety and security

  This section would improve safety by clarifying and enhancing 
the inspection and enforcement authority of DOT officials and 
inspection personnel. First, section 5121(a) would be amended 
to expressly state that the Secretary's enforcement authority 
includes the authority to conduct tests. This section also 
would clarify that persons subject to chapter 51 must make 
property, as well as records, reports, and information, 
available to the Secretary for inspection upon the Secretary's 
request. The Secretary currently has the authority in 5121(a) 
to require the production of records and property.
  This section also would provide enhanced authority for DOT 
officials to discover hidden shipments of hazardous materials. 
Section 5121(c) is amended to clarify and enhance the 
inspection and enforcement authority of DOT officials and 
inspection personnel, thereby enabling them to more effectively 
identify hazardous materials shipments and to determine whether 
those shipments are made in accordance with the Hazardous 
Materials Regulations.
  However, the Secretary would be required to develop 
procedures for the safe resumption of transportation of a 
package or transport unit when an inspection or investigation 
does not result in the discovery of an imminent hazard. The 
Committee expects that the Secretary will take into 
consideration the impact of these procedures on the resumption 
of transit for time sensitive medical material such as 
radiopharmaceuticals and radionucleides. This improved 
inspection authority comports with Fourth Amendment principles 
on permissible searches by the Government.
  In addition, this section would authorize the Secretary to 
issue an emergency order when it is determined, by inspection, 
investigation, testing, or research, that a violation of 
hazardous material transportation laws, or an unsafe condition 
or practice, is causing an imminent hazard. In those 
situations, the Secretary would be authorized to issue or 
impose emergency restrictions, prohibitions, recalls, or out-
of-service orders, without notice or the opportunity for a 
hearing, but only to the extent necessary to abate the imminent 
hazard.
  The Secretary would be required to issue regulations 
implementing the new provisions governing package inspection 
and emergency orders.
  A new subsection (g) would authorize the Secretary to enter 
into grants, cooperative agreements, and other transactions to 
address security risk assessment and emergency preparedness. 
The objectives would include research, development, 
demonstration, risk assessment, emergency response planning, 
program support, and training activities.
  This section also would require the Secretary, through the 
Bureau of Transportation Statistics, to submit a report at 
least every three years on the transportation of hazardous 
materials during the preceding three years, including a summary 
of hazmat shipments, deliveries, and movements during the 
period. In addition, the section would require a report every 
two years with, among other items, an analysis of hazmat 
accidents and incidents over the preceding two years, a list 
and summary of special permits, regulations and orders, and an 
evaluation of the effectiveness of enforcement activities 
relating to the transportation of hazmat during the period.
  The Secretary would be authorized to determine whether 
release of certain sensitive information contained in 
government records would be contrary to national security. 
Although the Freedom of Information Act (FOIA) provides for the 
protection from release of certain sensitive information, it 
does not necessarily protect all information that could be used 
by terrorists to plan for or to carry out terrorist acts 
relating to the transportation of hazardous materials.

Section 338. Enforcement

  This section would clarify the types of judicial relief, 
including civil penalties, that may be granted in an action 
brought by the Attorney General.

Section 339. Civil penalties

  This section would amend the civil penalty provisions in 
sections 5123 to cover violations of special permits or 
approvals issued by DOT to ensure that appropriate enforcement 
action can be taken against persons violating those special 
authorities. Civil penalties for death, serious illness, or 
severe injury would be increased to up to $100,000 to serve as 
a deterrent against violations that could led to such outcomes. 
Maximum civil penalty amounts for other violations are set at 
the current level of $32,500 and violations related to employee 
training will be subject to a minimum penalty of $450. A 
violator would be liable for interest that accrues on a civil 
penalty.

Section 340. Criminal penalties

  Criminal penalties would be increased for a person who 
knowingly violates 49 U.S.C. 5104(b) or willfully violates 
chapter 51 or a regulation issued under that chapter, and 
thereby causes a release of hazardous material. Section 5104(b) 
concerns tampering with a package, vehicle, vessel, aircraft, 
or rail freight car used to transport hazardous materials. The 
section also would provide that a separate violation occurs for 
each day a violation continues.

Section 341. Preemption

  This section would include a new subsection outlining the 
purposes of the Secretary's current preemption authority and 
would clarify that a person may apply to the Secretary for a 
decision as to whether a fee imposed by a State, political 
subdivision of a State, or an Indian tribe is preempted. 
Further, this section would delete the requirement that the 
Secretary publish the reason for a delay in issuing a 
preemption determination in the Federal Register.
  Subsection 5125(j) would be added to indicate that the 
preemption standard is to be applied independently to each non-
Federal requirement in order to determine whether it is 
preempted.
  Finally, new subsection 5125(i) would clarify that the 
Secretary's preemption authority does not apply to a procedure, 
penalty, required mental state, or other standard used by a 
State, political subdivision of a State, or Indian tribe to 
enforce hazardous material transportation requirements.

Section 342. Relationship to other laws

  This section would require that a person under contract to 
the United States government to design or inspect a packaging 
or packaging component used for transporting hazardous 
materials must comply with chapter 51 and the hazardous 
materials regulations.
  Further, this section enables hazardous materials law to 
supersede postal laws and regulations under titles 18 or 39 
only `in case of an imminent hazard.'

Section 343. Judicial review

  This section would add a new section 5127 providing for 
judicial review of final actions taken by the Secretary under 
chapter 51. This provision establishes the appropriate judicial 
forum for review of final agency actions in the areas of 
compliance, enforcement, civil penalties, rulemaking, and 
preemption.
  Under the proposal, the United States Court of Appeals for 
the District of Columbia or for the circuit in which a person 
seeking review resides or has his or her principal place of 
business would review the final action. The petition for review 
must be filed within 60 days after issuance of the order. The 
section describes judicial procedures, the authority of the 
court, and a requirement for prior objection--all provisions 
modeled on the statute providing for judicial review of DOT and 
Federal Aviation Administration aviation orders (49 U.S.C. 
46110).

Section 344. Authorization of appropriations

  This section would authorize appropriations of $24,940,000 
for FY 2005, $29,000,000 for FY 2006, and $30,000,000 for each 
of FYs 2007 through 2009.
  A new subsection (b) would authorize appropriations from the 
Emergency Preparedness Fund account to carry out certain 
activities:
           $4,000,000 for each of FYs 2005 through 2009 
        to carry out section 5107(e) (training grants);
           $200,000 for each of FYs 2005 through 2009 
        to carry out section 5115 (training curriculum for the 
        public sector);
           $21,800,000 for each of FYs 2005 through 
        2009 for sections 5116(a) and (b) to be spilt as 
        follows:
                   $5,000,000 for section 5116(a);
                   $7,800,000 for 5116(b); and
                   35 percent of the remainder for 
                5116(a) and 65 percent of the remainder for 
                5116(b). The Secretary may increase the amount 
                for 5116(b) if the Secretary determines it 
                appropriate based upon the relative training 
                and planning needs of individual applicants.
           $150,000 for each of FYs 2005 through 2009 
        to carry out section 5116(f) (monitoring and technical 
        assistance to the public sector);
           $150,000 for each of FYs 2005 through 2009 
        to carry out section 5116(i)(4) (administrative costs);
           $1,000,000 for each of FYs 2005 through 2009 
        to carry out section 5116(j) (supplemental training 
        grants);
           $750,000 for each of FYs 2005 through 2009 
        to carry out section 5116(i)(3) (for publication and 
        distribution of the Emergency Response Guidebook).

Section 345. Additional civil and criminal penalties

  This section would amend criminal penalties for violations in 
transporting hazardous materials by air (49 U.S.C. 46312) to 
clarify that the regulations referred to in that section 
include the Hazardous Materials Regulations issued by the 
Secretary under chapter 51. Consequently, violations in 
transporting hazardous materials by air would clearly 
constitute violations of both Federal hazardous material 
transportation laws and the Federal Aviation Act.
  This section also would allow the Department of Justice to 
seek restitution against persons convicted of a criminal 
offense under 49 U.S.C. 5124.

Section 346. Technical corrections

  This section makes technical corrections to the highway 
routing of hazardous material, air transportation of ionizing 
radiation material, and international uniformity of standards 
and requirements.

                       SUBTITLE B--OTHER MATTERS

Section 361. Administrative authority for pipeline and hazardous 
        materials safety administration

  This section would provide PHMSA necessary administrative 
authority to conduct effective research on transportation 
service and infrastructure assurance and to prevent security-
sensitive information developed in the course of that research 
from aiding persons who might want to disrupt the 
transportation system.
    The purpose of this proposed provision is to provide PHMSA 
with the authority to enter into ``other transactions'' 
agreements to conduct research into transportation service and 
infrastructure assurance and to carry out PHMSA's research 
activities. ``Other transactions'' agreements are contractual 
arrangements that allow the maximum participation in research 
and development programs. While ``other transactions'' 
authority is not subject to the statutes and regulations 
specifically applicable to Federal contracts or grants 
programs, their use does not eliminate the applicability of all 
laws and regulations or other guidance provided within DOT. The 
Committee understands that the flexibility provided by this 
authority is thought generally to improve the acquisition 
process and promote shared government-industry responsibility 
for achieving desired milestones.

Section 362. Mailability of hazardous materials

  This section would amend chapter 30 of title 39, U.S.C., to 
prohibit hazardous materials in the mail unless specifically 
authorized by law or Postal Service regulation. It also would 
allow the United States Postal Service to collect civil 
penalties, and to recover clean-up costs and damages, for 
violations of this statutory provision and regulations issued 
under it. This language would provide the Postal Service with 
civil penalty authority analogous to DOT's civil penalty 
authority under chapter 51. It would enhance the Postal 
Service's authority to regulate hazardous materials in the mail 
and would institute a civil penalty process that would serve as 
a deterrent to those who unlawfully place hazardous material in 
the mail.
  This section would require the Postal Service to demonstrate 
that a ``knowing'' violation has occurred, to give written 
notice of the amount of the penalty, cost or damages assessed, 
and to provide an opportunity for a hearing before making a 
finding of violation. The Postal Service would have to take 
into account certain penalty assessment criteria--such as prior 
violation history, gravity of the violation, and ability to 
remain in business--in determining the amount of a civil 
penalty. A person accused of a violation would have the right 
to file an administrative appeal with the Postal Service, and 
the Attorney General would be able to bring a civil action to 
collect penalties, damages, and costs. Costs, damages, and 
penalties under this section would be paid into the Postal 
Service Fund under 39 U.S.C. 2003.

Section 363. Criminal matters

  This section provides for a correction to title 18 of the 
United States Code for the transportation of explosives. It 
makes explosives that are regulated by the DOT and the 
Department of Homeland Security (DHS) subject to their 
authority.

Section 364. Cargo inspection program

  This section would authorize the Secretary to initiate a 
program to randomly inspect cargo shipments at U.S. Customs 
ports of entry to determine the extent to which undeclared 
hazardous material is being offered for transportation in 
commerce. DOT inspection personnel, in coordination with DHS 
officials, would be authorized to open and inspect containers 
at any U.S. Customs port of entry. The inspections would be 
carried out by DOT inspection personnel at U.S. Customs ports 
of entry where they would be similar to border inspections, and 
they would be based upon random selections made by supervisory 
personnel not present at the site of the inspections. 
Therefore, the proposed program represents a careful balancing 
of parties' privacy interests and the need to protect emergency 
responders, transportation workers, and the general public from 
the dangers inherent in the transportation of undeclared 
hazardous material.

Section 365. Information on hazmat registrations

  This section would require PHMSA to transmit current hazmat 
registration information on motor carriers to the FMCSA so that 
FMCSA can cross-reference the registrant's Federal motor 
carrier registration number. In the future, PHMSA also would be 
required to notify FMCSA whenever a motor carrier initially 
registers to handle hazmat.

Section 366. Report on applying hazardous materials regulations to 
        persons who reject hazardous materials

  This section would require the Secretary to complete an 
assessment of the costs and benefits of subjecting to hazmat 
laws and regulations persons who reject hazmat for 
transportation in commerce. In completing the assessment, the 
Secretary would be required to consider the number of affected 
employers and employees; what actions would be required to 
comply with such requirements; and whether and to what extent 
application of Federal hazmat laws and regulations should be 
limited to particular modes of transportation, certain 
categories of employees, or certain classes or categories of 
hazmat.

Section 367. National first responder transportation incident response 
        system

  This section would authorize $5,000,000 annually for FYs 2005 
through 2009 for Operation Respond to update the Operation 
Respond Emergency Information System (OREIS) and permits the 
Secretary to require the Operation Respond system function 
across multiple transportation modes. The Operation Respond 
Institute (ORI) is a not-for-profit, public/private partnership 
serving the emergency response community with technology tools 
for safety and security incidents occurring on North American 
railroads and highways. ORI's principal tool, OREIS provides 
first responders with real-time information about the hazardous 
materials contents of railcars and motor carriers that have 
been involved in incidents and chemical-specific response 
guidance. OREIS also contains passenger railroad schematics, 
chemical databases, and other resources that allow for 
expedited response to hazmat and transportation incidents, 
emergencies, and disasters. The Committee expects to ORI to 
improve and expand the current system to allow it to reach more 
members of the first responder community with improved data 
quality and timeliness. This expanded program should also focus 
on the needs of responders in rural areas, in and around the 
nations inland and coastal ports and at border crossings. The 
Operation Respond software and messaging system should be 
integrated with other relevant technologies, such as fleet 
tracking, automatic crash notification, E-911, wireless and 
highway, railroad, and transit GIS systems. ORI should consult 
with the Department of Transportation, the Department of 
Homeland, State and locals officials, and the transportation 
industry in designing the expanded system and the Secretary of 
Transportation should oversee this expansion to ensure it is 
progressing in accordance with the public interest. The 
Committee believes that future upgrades and expansions of this 
system should be financially largely by the users of this 
system.

Section 368. Hazardous material transportation plan requirements

  This section would exempt farmers as defined in the section 
from certain hazardous materials transportation plans for local 
farm-related shipments within 150 miles of their farm.

Section 369. Welded rail and tank car safety improvements

  This section would require the Federal Railroad 
Administration (FRA) to validate a predictive model for certain 
tank car standards. It would also initiate a rulemaking to 
develop appropriate standards and complete an analysis of the 
impact resistance of steel used in pressurized tank cars built 
before 1989. Additionally, the section directs the FRA to 
require railroads to improve inspection procedures for 
continuous welded rail (CWR) track and the identification of 
cracks in rail joint bars. These provisions follow 
recommendations made to the FRA by the National Transportation 
Safety Board following a 2002 railroad derailment in Minot, 
North Dakota. The section provides an authorization of 
$1,000,000 for FY 2006 to help encourage quick completion of 
the ongoing agency work on these provisions.

Section 370. Report regarding impact on public safety of train travel 
        in communities without grade separation

  This section would require the Secretary to conduct a study 
on the impact of blocked highway-rail grade crossings on the 
ability of emergency responders to perform public safety and 
security duties, and to report recommendations.

Section 371. Hazardous materials cooperative research program

  This section would authorize $2,000,000 for FYs 2006 through 
2009 for the Secretary to develop and administer a hazardous 
materials cooperative research program and require certain 
specific studies.

                SUBTITLE C--SANITARY FOOD TRANSPORTATION

Section 381. Short title

  This section sets forth the short title for the Sanitary Food 
Transportation Act of 2005. This title would reallocate 
responsibilities for food transportation safety among the U.S. 
Department of Health and Human Services (HHS), DOT, and the 
Department of Agriculture.

Section 382. Responsibilities of the Secretary of health and human 
        services

  This section would amend section 402 of the Federal Food, 
Drug, and Cosmetic Act (the Act; 21 U.S.C. 391) to provide that 
food is adulterated if transported in violation of safe 
transportation practices prescribed in the new section 416 of 
the Act.
  Subsection (b) would add to the Act a new section 416 
requiring the Secretary of HHS to establish by regulation 
sanitary transportation practices to be followed by shippers, 
carriers, and others engaged in food transport. The Secretary 
of HHS could prescribe practices relating to matters such as 
sanitation, packaging and protective measures; limitations on 
the use of vehicles; information sharing between shippers and 
carriers; and record keeping, reporting, and compliance with 
inspections.
  It also would authorize the Secretary of HHS to publish in 
the Federal Register (and amend as needed) lists of non-food 
products that could render food products adulterated if shipped 
simultaneously or subsequently in the same vehicle.
  The section would authorize the Secretary of HHS to waive all 
or part of the requirements of section 416, in appropriate 
circumstances, with respect to particular classes of persons, 
vehicles, food, or non-food products.
  It would preempt State or local laws concerning 
transportation of food. Finally, it would require the heads of 
other Federal agencies, including the Secretaries of 
Transportation and Agriculture, and the Administrator of the 
Environmental Protection Agency, to assist the Secretary of 
HHS, upon request, in carrying out this section.
  Paragraph (c) of this section would add to the Act a new 
section requiring persons subject to these provisions to 
cooperate with HHS inspections of records.
  Subsection (d) would amend section 301 of the Act to make 
violations of requirements added by this section prohibited 
acts subject to the sanctions provided in chapter III of the 
Act.

Section 383. Department of Transportation requirements

  This section would require the Secretary, in consultation 
with the Secretaries of HHS and Agriculture, to establish 
inspection procedures for identifying suspected incidents of 
contamination or adulteration of food that might violate 
regulations issued under section 416 of the Federal Food, Drug, 
and Cosmetic Act, and of meat and poultry products subject to 
detention under section 402 of the Federal Meat Inspection Act 
(21 U.S.C. 672) and section 19 of the Poultry Products 
Inspection Act (21 U.S.C. 467a). In addition, it would require 
the Secretary to train DOT personnel who perform motor vehicle 
and railroad related safety inspections to identify practices 
and conditions that could pose a threat to food safety and to 
notify the Secretaries of HHS and Agriculture of any instances 
of potential food contamination identified during those 
inspections.

Section 384. Effective date

  This section would make the changes in law under the subtitle 
align with the Federal fiscal year, which is particularly 
important for the transfer of duties among different agencies.

                    TITLE IV--HOUSEHOLD GOODS MOVERS

Section 401. Short title

  This section establishes that this title may be referred to 
as the ``Household Goods Mover Oversight Enforcement and Reform 
Act of 2005''.

Section 402. Definitions

  This section provides that the terms ``carrier'', ``household 
goods'', ``motor carrier'', ``Secretary'', and 
``transportation'' have the meaning specified in section 13102 
of title 49, United States Code.

Section 403. Payment of rates

  Under current law, a carrier must give up possession of the 
property being transported upon receipt of payment (49 U.S.C. 
13707(a)). This section would codify existing regulations that 
require a carrier to give up possession of the household goods 
so long as the shipper pays the mover 100 percent of a binding 
estimate of the charges or 110 percent of a non-binding 
estimate of the charges. Shippers would not be required, as a 
condition of delivery, under this provision to pay unforeseen 
additional charges not included in a binding or non-binding 
estimate that are necessary to complete the move. This section 
also would provide that a mover may only charge a prorated 
share of charges (based on either a binding or non-binding 
estimate) for the partial delivery of a shipment. Under current 
law, movers may require a shipper to pay 100 percent of the 
charges in a binding estimate or 110 percent of the charges of 
a non-binding estimate at the time of delivery even if part of 
the shipment is lost or destroyed. The section also states that 
the charges collected at delivery for impracticable operations 
can not exceed 15 percent of all other charges due at delivery. 
Post-contract services requested by a shipper after the 
contract is executed are not covered by this provision.

Section 404. Household goods carrier operations

  Current regulations promulgated by FMCSA require that a mover 
must provide the customer a written estimate of charges and 
ancillary services and a written inventory of the goods being 
moved. This section would require that, at the time the written 
estimate is provided, the carrier must also provide the shipper 
a copy of DOT's pamphlet ``Ready to Move?''. Further, before a 
contract for service is executed, the carrier must provide the 
shipper a copy of DOT's booklet ``Your Rights and 
Responsibilities When You Move''. The written estimate may be 
either binding or non-binding, and must be based on a visual 
inspection of the household goods if they are located within a 
50 mile radius of the location of the carrier's household goods 
agent preparing the estimate. Inaccurate estimates based on an 
inventory provided by a prospective customer over the telephone 
or the internet are the source of many complaints and disputes. 
It is hoped that requiring an estimate be based on a visual 
inspection of the goods to be moved prior to the execution of a 
contract will significantly reduce such disputes.

Section 405. Liability of carriers under receipts and bills of lading

  This section would change the standard liability for loss and 
damage to full value protection, defined as the replacement 
cost in the event of loss or damage up to the pre-declared 
total value of the shipment. Movers would be allowed to offer 
``released rates'' only if the shipper opts out, in writing, of 
full value protection.

Section 406. Arbitration requirements

  This section would require movers to offer shippers 
arbitration and raises the threshold for bidding arbitration to 
$10,000 from $5,000 currently. Additionally, within 18 months 
following enactment, the Secretary would be required to 
complete a review of the results and effectiveness of 
arbitration programs and submit a report to the Senate 
Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and 
Infrastructure. In preparing the review, the Secretary would be 
required to provide an opportunity for public comment. The 
purpose is to investigate whether arbitrators are truly 
independent of both parties involved in a dispute. Today, 
arbitrators are selected by the mover and there is concern that 
the process may favor the mover.

Section 407. Enforcement of regulations related to transportation of 
        household goods

  This section would allow a State authority that regulates the 
intrastate movement of household goods to enforce Federal laws 
and regulations with respect to the transportation of household 
goods in interstate commerce. Fines or penalties imposed as a 
result of State enforcement of Federal law would accrue to the 
State. A State attorney general would be authorized to bring a 
civil action in Federal court when the attorney general 
believes the interests of the residents of the State are being 
threatened by a carrier or broker. This provision is based on 
similar authority in section 4 of the Telemarketing and 
Consumer Fraud Abuse Prevention Act of 1994. The State would be 
required to give the DOT or the STB written notice when an 
action is about to be filed. The DOT or the STB would be 
authorized to intervene in the action and file petitions for 
appeal. The venue for a civil action would be the judicial 
district where the carrier or broker operates, or where the 
carrier or broker is authorized to provide transportation, or 
where the defendant is found. States would be permitted to 
prosecute for violations of a State criminal statute. 
Application of these provisions is limited to individual 
shippers, as defined in this section, as the Committee 
understands that corporate and government shippers generally 
are better equipped to ensure they receive fair and proper 
treatment from moving companies than individual shippers.

Section 408. Working group for development of practices and procedures 
        to enhance Federal-State relations

  This section would require the Secretary to establish a 
working group of State attorneys general, State authorities 
that regulate the movement of household goods, and Federal and 
local law enforcement officials to develop practices and 
procedures to enhance the Federal-State partnership in 
enforcement efforts, exchange of information, and coordination 
of enforcement efforts, as well as to make recommendations for 
legislative and regulatory changes. The working group would be 
required to consult with industries involved in the 
transportation of household goods, the public, and other 
interested parties.

Section 409. Information about household goods transportation on 
        carriers' websites

  Within one year after the date of enactment, the Secretary 
would be required to modify regulations to require household 
goods carriers and brokers to maintain a website that displays 
their DOT assigned number and the DOT publication entitled 
``Your Rights and Responsibilities When You Move''. Brokers 
also would have to provide a list of all household goods 
carriers used by the broker and a statement that the broker is 
not a motor carrier.

Section 410. Consumer complaints

  This section would require the Secretary to establish a 
publicly accessible database of complaints related to motor 
carrier transportation of household goods. Complaints would 
have to be forwarded to the carrier involved, and the carrier 
would be afforded an opportunity to challenge the information 
in the database. The Secretary would be required to submit an 
annual report detailing the complaints that were filed and 
logged over that year.

Section 411. Review of liability of carriers

  Within one year after the date of enactment, the Surface 
Transportation Board (STB) would be required to complete a 
review of the Federal regulations regarding the level of 
liability protection provided by carriers to determine if 
current regulations provide adequate protection; whether 
shippers benefit from purchasing supplemental insurance 
coverage; and whether shippers are sometimes left unprotected. 
The STB also would be required to make recommendations as to 
whether the current limitations on liability, known as the 
``Carmack Amendment'', should be modified with respect to 
household goods movers.

Section 412. Civil penalties relating to household goods brokers

  This section would make a broker liable for a civil penalty 
of at least $10,000 if found to have made a cost estimate for a 
carrier to transport household goods without first entering 
into an agreement with the carrier to provide the service. Any 
person found to have provided transportation of household goods 
or broker services without being registered to provide these 
services would be liable for a civil penalty of at least 
$25,000.

Section 413. Civil and criminal penalty for failing to give up 
        possession of household goods

  The section would define the term ``failed to give up 
possession of household goods'' as willfully refusing to 
relinquish possession of a shipment of household goods for 
which the shipper has tendered payment described in 49 U.S.C. 
13707. A carrier violating this provision would be subject to a 
civil penalty of at least $10,000, with every day the shipment 
is held hostage constituting a separate violation, as well as a 
twenty-four month suspension of the carrier's DOT registration. 
A carrier convicted of holding household goods hostage by 
falsifying documents or demanding payment for charges not 
performed would be subject to a fine under title 18, United 
States Code, or imprisonment of up to five years, or both.

Section 414. Progress report

  Not later than one year after the date of enactment, the 
Secretary would be required to report to Congress on the 
progress made in implementing the provisions of this title.

Section 415. Additional registration requirements for motor carriers of 
        household goods

  This section would require that the Secretary may register a 
person to provide transportation of household goods only after 
that person has provided evidence of participation in an 
arbitration program; identified its tariff and provided a copy 
of the notice of the availability of that tariff for 
inspection; provided evidence that it has access to, has read, 
is familiar with, and will observe all laws relating to 
consumer protection, estimating, consumers' rights and 
responsibilities, and options for limitations of liability for 
loss and damage; disclose any relationship involving common 
stock, common ownership, common management, or common familial 
relationships between that person and any other motor carrier 
within the last 3 years.

             TITLE V--RECREATIONAL BOATING SAFETY PROGRAMS

Section 501. Short title

  The section would state the title would be entitled the 
``Sport Fishing and Recreational Boating Safety Act of 2005''.

    SUBTITLE A--FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS

Section 511. Amendment of Federal aid in Sport Fish Restoration Act

  The section would state that amendments under this subsection 
refer to the Dingell-Johnson Sport Fish Restoration Act enacted 
August 9, 1950 (64 State. 430; 16 U.S.C. 777 et seq.).

Section 512. Authorization of appropriations

  Section 512 would authorize the appropriation of funds for 
the accounts provided under that Act. It also would provide 
that unexpended State funds from the Sport Fish Restoration 
program would not be returned to the U.S. Fish and Wildlife 
Service's research program, but instead would be reapportioned 
to the States for fishery management and boating access.

Section 513. Division of annual appropriations

  This section would amend that Act to authorize annual 
appropriations for FYs 2006 through 2020 for the various 
Wallop-Breaux programs of the Sport Fish Restoration Account 
based on percentages of the amount remaining in the Fund after 
fixed amount deductions for administration and multi-state 
grants, which would allow each program area to share in the 
benefits of revenue increases. The percentage allocations made 
under this section would be: (1) 57 percent to the Secretary of 
the Interior for Sport Fish Restoration, to include a minimum 
of 15 percent of that amount for boating access; (2) 18.5 
percent to the Secretary of the Interior for Coastal Wetlands; 
(3) 18.5 percent to the Secretary of Homeland Security for 
State recreational boating safety programs; (4) 2 percent for 
marine sanitation devices as provided under the Clean Vessel 
Act; (5) 2 percent for the Secretary of the Interior for 
qualified projects under the Sport Fishing and Boating Safety 
Act of 1998; and (6) 2 percent to the Secretary of the Interior 
for the national outreach effort and communications program. 
This section also would provide that any unexpended balances be 
apportioned among the States in the same proportion and manner. 
Finally, this section would provide that any amounts 
unobligated by the Secretary of the Interior after three years 
shall be transferred to the Secretary of Homeland Security for 
State recreational boating safety programs.

Section 514. Maintenance of projects

  The section would make conforming changes to that Act 
relating to changes made in section 512 concerning the 
maintenance of U.S. Fish and Wildlife Service projects.

Section 515. Boating infrastructure

  This section would make conforming changes to that Act for 
the distribution of Boating Infrastructure funds made in 
section 513.

Section 516. Requirements and restrictions concerning use of amounts 
        for expenses for administration

  This section would make conforming changes to that Act 
regarding the distribution of revenues for administrative 
purposes under section 513.

Section 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

  The section would make conforming changes regarding changes 
to distribution of the funds to the Sport Fish Restoration 
account under section 513 for the 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 U.S. Virgin Islands.

Section 518. Multistate conservation grant program

  This section would make conforming changes relating to 
distribution of funds for the multistate grant program under 
section 513.

Section 519. Expenditures from boat safety account

  This section would amend the Act to authorize the 
distribution, without further appropriation, of the balance of 
the Boat Safety Account over FYs 2006 through 2010 to the 
Coastal Wetlands, Boating Safety, Clean Vessel Act, Boating 
Infrastructure, and National Outreach and Communications 
programs.

                SUBTITLE B--CLEAN VESSEL ACT AMENDMENTS

Section 531. Grant program

  This section would remove the requirement that coastal States 
receive priority consideration for grant applications.

       SUBTITLE C--RECREATIONAL BOATING SAFETY PROGRAM AMENDMENTS

Section 551. State matching funds requirement

  Section 551 would reduce the percentage of State matching 
funds required for the recreational boating safety program from 
one-half to one-quarter, the same match requirement for Sport 
Fish Restoration grants. Most States provide significantly more 
funds than are required; however, some States with limited 
matching funds are unable to use all of the Federal funds 
allocated to them each year. This section would permit States 
with limited matching funds to increase their level of services 
to the boating public by fully utilizing their allocated 
Federal funds.

Section 552. Availability of allocations

  The section would increase the length of time that States 
have to obligate Federal funds from two years to three years. 
This section would provide greater flexibility in the amount of 
time States will have to obtain matching funds. Due to lead-
times needed to obtain appropriations through the State budget 
process, some States may not be able to obtain sufficient 
matching funds within the two-year period currently authorized.

Section 553. Authorization of appropriations for State recreational 
        boating safety programs

  This section would amend section 13106 of title 46, United 
States Code, to reflect the proposed mandatory appropriation of 
the Boat Safety Account by removing reference to the transfer 
of funds from the Sport Fish Restoration Account. In addition, 
it would remove the requirement that the Coast Guard spend not 
less than one percent of the boating safety funds to pay 
investigative and administrative costs. With the total amount 
of boating safety funds increasing significantly under this 
Act, the Coast Guard requested that it have more flexibility in 
this area. Also, it would change the annual amount made 
available to the Coast Guard for coordinating and carrying out 
the national recreational boating safety program from 
$3,333,336 to not more than five percent of the amount of the 
Trust Fund dedicated to boating safety. Also, it would remove 
the limitation on the portion of the amount provided to the 
Coast Guard that is used to ensure manufacturer compliance with 
safety standards for recreational vessels and associated 
equipment. Current law limits the Coast Guard from using more 
than $1,333,336 for manufacturer compliance. This would be 
changed to `a minimum of $2,000,000', which would provide the 
Coast Guard with the flexibility to use additional funds for 
manufacturer compliance as necessary. Finally, this section 
would require that boating safety funds provided to the Coast 
Guard be expended within two succeeding fiscal years. After 
that time, unexpended funds would be distributed to the States 
for boating safety purposes, in addition to the other amounts 
allocated to the States under this Act.

Section 554. Maintenance of effort for State recreational boating 
        safety programs

  This section would add a ``maintenance of effort'' provision 
to ensure that the increased Federal funding will result in 
increased State recreational boating safety program activities. 
This section would provide that in order to receive the full 
benefit of the increased Federal recreational boating safety 
grant funds, a State must maintain a level of State expenditure 
equal to the average of that State's recreational boating 
safety program expenditures for the three preceding fiscal 
years. If a State were to reduce its recreational boating 
safety program expenditures below the average of the three 
preceding fiscal years, the amount of the Federal share of 
expenditures reimbursed for the next fiscal year would be 
reduced proportionately to the amount of the State's reduction.
  Subsections (b) and (c) of new section 46 U.S.C. 13107 that 
would be added by the bill would include provisions to allow 
adjustments if the total amount of Federal funds available for 
distribution to all States is less than the amount for the 
preceding year, and to permit the Secretary to waive the 
requirement if deemed appropriate due to factors beyond a 
State's control.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                 AUTOMOBILE INFORMATION DISCLOSURE ACT

SEC. 3. LABEL AND ENTRY REQUIREMENTS.

                            [15 U.S.C. 1232]

  Every manufacturer of new automobiles distributed in commerce 
shall, prior to the delivery of any new automobile to any 
dealer, or at or prior to the introduction date of new models 
delivered to a dealer prior to such introduction date, securely 
affix to the windshield, or side window of such automobile a 
label on which such manufacturer shall endorse clearly, 
distinctly and legibly true and correct entries disclosing the 
following information concerning such automobile--
          (a) the make, model, and serial or identification 
        number or numbers;
          (b) the final assembly point;
          (c) the name, and the location of the place of 
        business, of the dealer to whom it is to be delivered;
          (d) the name of the city or town at which it is to be 
        delivered to such dealer;
          (e) the method of transportation used in making 
        delivery of such automobile, if driven or towed from 
        final assembly point to place of delivery; [and]
          (f) the following information:
                  (1) the retail price of such automobile 
                suggested by the manufacturer;
                  (2) the retail delivered price suggested by 
                the manufacturer for each accessory or item of 
                optional equipment, physically attached to such 
                automobile at the time of its delivery to such 
                dealer, which is not included within the price 
                of such automobile as stated pursuant to 
                paragraph (1);
                  (3) the amount charged, if any, to such 
                dealer for the transportation of such 
                automobile to the location at which it is 
                delivered to such dealer; and
                  (4) the total of the amounts specified 
                pursuant to paragraphs (1), (2), and [(3).] 
                (3);
  (g) if 1 or more safety ratings for such automobile have been 
assigned and formally published or released by the National 
Highway Traffic Safety Administration under the New Car 
Assessment Program, information about safety ratings that--
          (1) includes a graphic depiction of the number of 
        stars, or other applicable rating, that corresponds to 
        each such assigned safety rating displayed in a clearly 
        differentiated fashion indicating the maximum possible 
        safety rating;
          (2) refers to frontal impact crash tests, side impact 
        crash tests, and rollover resistance tests (whether or 
        not such automobile has been assigned a safety rating 
        for such tests);
          (3) contains information describing the nature and 
        meaning of the crash test data presented and a 
        reference to additional vehicle safety resources, 
        including http://www.safecar.gov; and
          (4) is presented in a legible, visible, and prominent 
        fashion and covers at least--
                  (A) 8 percent of the total area of the label; 
                or
                  (B) an area with a minimum length of 4 \1/2\ 
                inches and a minimum height of 3 \1/2\ inches; 
                and
  (h) if an automobile has not been tested by the National 
Highway Traffic Safety Administration under the New Car 
Assessment Program, or safety ratings for such automobile have 
not been assigned in one or more rating categories, a statement 
to that effect.

           *       *       *       *       *       *       *


               DINGELL-JOHNSON SPORT FISH RESTORATION ACT

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C. 777b]

  To carry out the provisions of this Act for fiscal years 
after September 30, 1984, there are authorized to be 
appropriated from the [Sport Fish Restoration Account] Sport 
Fish Restoration and Boating Trust Fund established by section 
9504(a) of the Internal Revenue Code of 1954 the amounts paid, 
transferred, or otherwise credited to [that Account.] that 
Trust Fund, except as provided in section 9504(c) of the 
Internal Revenue Code of 1986. For purposes of the provision of 
the Act of August 31, 1951, which refers to this section, such 
amounts shall be treated as the amounts that are equal to the 
revenues described in this section. The appropriation made 
under the provisions of this section for each fiscal year shall 
continue available during [the succeeding fiscal year.] 
succeeding fiscal years. So much of such appropriation 
apportioned to any State for any fiscal year as remains 
unexpended at the close thereof is authorized to be made 
available for expenditure in that State until the close of the 
succeeding fiscal year. Any amount apportioned to any State 
under the provisions of this Act which is unexpended or 
unobligated at the end of the period during which it is 
available for expenditure on any project is authorized to be 
made available for expenditure by the Secretary of the Interior 
[in carrying on the research program of the Fish and Wildlife 
Service in respect to fish of material value for sport and 
recreation.] to supplement the 57 percent of the balance of 
each annual appropriation to be apportioned among the States, 
as provided for in section 4(c).

SEC. 4. DIVISION OF ANNUAL APPROPRIATIONS.

                            [16 U.S.C. 777c]

  [(a) Initial distribution.--The Secretary of the Interior 
shall distribute 18 per centum of each annual appropriation 
made in accordance with the provisions of section 3 of this Act 
as provided in the Coastal Wetlands Planning, Protection, and 
Restoration Act (title III, Public Law 101-646). 
Notwithstanding the provisions of section 3 of this Act, such 
sums shall remain available to carry out such Act through 
fiscal year 2019.
  [(b) Use of balance after distribution.--
          [(1) Fiscal year 1998.--In fiscal year 1998, an 
        amount equal to $20,000,000 of the balance remaining 
        after the distribution under subsection (a) shall be 
        transferred to the Secretary of Transportation and 
        shall be expended for State recreational boating safety 
        programs under section 13106(a)(1) of title 46, United 
        States Code.
          [(2) Fiscal year 1999.--For fiscal year 1999, of the 
        balance of each annual appropriation remaining after 
        making the distribution under subsection (a), an amount 
        equal to $74,000,000, reduced by 82 percent of the 
        amount appropriated for that fiscal year from the Boat 
        Safety Account of the Aquatic Resources Trust Fund 
        established by section 9504 of the Internal Revenue 
        Code of 1986 to carry out the purposes of section 
        13106(a) of title 46, United States Code, shall be used 
        as follows:
                  [(A) $10,000,000 shall be available to the 
                Secretary of the Interior for 3 fiscal years 
                for obligation for qualified projects under 
                section 5604(c) of the Clean Vessel Act of 1992 
                (33 U.S.C. 1322 note).
                  [(B) The balance remaining after the 
                application of subparagraph (A) shall be 
                transferred to the Secretary of Transportation 
                and shall be expended for State recreational 
                boating safety programs under section 13106 of 
                title 46, United States Code.
          [(3) Fiscal years 2000-2003.--For each of fiscal 
        years 2000 through 2003, of the balance of each annual 
        appropriation remaining after making the distribution 
        under subsection (a), an amount equal to $82,000,000, 
        reduced by 82 percent of the amount appropriated for 
        that fiscal year from the Boat Safety Account of the 
        Aquatic Resources Trust Fund established by section 
        9504 of the Internal Revenue Code of 1986 to carry out 
        the purposes of section 13106(a) of title 46, United 
        States Code, shall be used as follows:
                  [(A) $10,000,000 shall be available for each 
                fiscal year to the Secretary of the Interior 
                for 3 fiscal years for obligation for qualified 
                projects under section 5604(c) of the Clean 
                Vessel Act of 1992 (33 U.S.C. 1322 note).
                  [(B) $8,000,000 shall be available for each 
                fiscal year to the Secretary of the Interior 
                for 3 fiscal years for obligation for qualified 
                projects under section 7404(d) of the 
                Sportfishing and Boating Safety Act of 1998.
                  [(C) The balance remaining after the 
                application of subparagraphs (A) and (B) shall 
                be transferred for each such fiscal year to the 
                Secretary of Transportation and shall be 
                expended for State recreational boating safety 
                programs under section 13106 of title 46, 
                United States Code.
          [(4) Fiscal year 2004.--For fiscal year 2004, of the 
        balance of each annual appropriation remaining after 
        making the distribution under subsection (a), an amount 
        equal to $82,000,000, reduced by 82 percent of the 
        amount appropriated for that fiscal year from the Boat 
        Safety Account of the Aquatic Resources Trust Fund 
        established by section 9504 of the Internal Revenue 
        Code of 1986 to carry out the purposes of section 
        13106(a) of title 46, United States Code, shall be used 
        as follows:
                  [(A) $10,000,000 shall be available to the 
                Secretary of the Interior for 3 fiscal years 
                for obligation for qualified projects under 
                section 5604(c) of the Clean Vessel Act of 1992 
                (33 U.S.C. 1322 note).
                  [(B) $8,000,000 shall be available to the 
                Secretary of the Interior for 3 fiscal years 
                for obligation for qualified projects under 
                section 7404(d) of the Sportfishing and Boating 
                Safety Act of 1998 (16 U.S.C. 777g-1(d)).
                  [(C) The balance remaining after the 
                application of subparagraphs (A) and (B) shall 
                be transferred to the Secretary of 
                Transportation and shall be expended for State 
                recreational boating safety programs under 
                section 13106 of title 46, United States Code.
          [(5) First 8 months of fiscal year 2005.--For the 
        period of October 1, 2004, through May 31, 2005, of the 
        balance of each annual appropriation remaining after 
        making the distribution under subsection (a), an amount 
        equal to $54,666,664, reduced by 82 percent of the 
        amount appropriated for that fiscal year from the Boat 
        Safety Account of the Aquatic Resources Trust Fund 
        established by section 9504 of the Internal Revenue 
        Code of 1986 to carry out the purposes of section 
        13106(a) of title 46, United States Code, shall be used 
        as follows:
                  [(A) $6,666,664 shall be available to the 
                Secretary of the Interior for 3 fiscal years 
                for obligation for qualified projects under 
                section 5604(c) of the Clean Vessel Act of 1992 
                (33 U.S.C. 1322 note).
                  [(B) $5,333,334 shall be available to the 
                Secretary of the Interior for 3 fiscal years 
                for obligation for qualified projects under 
                section 7404(d) of the Sportfishing and Boating 
                Safety Act of 1998 (16 U.S.C. 777g-1(d)).
                  [(C) The balance remaining after the 
                application of subparagraphs (A) and (B) shall 
                be transferred to the Secretary of 
                Transportation and shall be expended for State 
                recreational boating safety programs under 
                section 13106 of title 46, United States Code.
          [(6) Transfer of certain funds.--Amounts available 
        under subparagraph (A) of paragraph (2) and 
        subparagraphs (A) and (B) of paragraph (3) that are 
        unobligated by the Secretary of the Interior after 3 
        fiscal years shall be transferred to the Secretary of 
        Transportation and shall be expended for State 
        recreational boating safety programs under section 
        13106(a) of title 46, United States Code.
  [(c) National outreach and communications program.--Of the 
balance of each such annual appropriation remaining after 
making the distribution under subsections (a) and (b), 
respectively, an amount equal to--
          [(1) $5,000,000 for fiscal year 1999;
          [(2) $6,000,000 for fiscal year 2000;
          [(3) $7,000,000 for fiscal year 2001;
          [(4) $8,000,000 for fiscal year 2002;
          [(5) $10,000,000 for fiscal year 2003;
          [(6) $10,000,000 for fiscal year 2004; and
          [(7) $6,666,664 for the period of October 1, 2004, 
        through May 31, 2005; shall be used for the National 
        Outreach and Communications Program under section 8(d). 
        Such amounts shall remain available for 3 fiscal years, 
        after which any portion thereof that is unobligated by 
        the Secretary of the Interior for that program may be 
        expended by the Secretary under subsection (e).]
  (a) In General.--For fiscal years 2006 through 2020, the 
balance of each annual appropriation made in accordance with 
the provisions of section 3 remaining after the distributions 
for administrative expenses and other purposes under subsection 
(b) and for multistate conservation grants under section 14 
shall be distributed as follows:
          (1) Coastal wetlands.--18.5 percent to the Secretary 
        of the Interior for distribution as provided in the 
        Coastal Wetlands Planning, Protection, and Restoration 
        Act (16 U.S.C. 3951 et seq.).
          (2) Boating safety.--18.5 percent to the Secretary of 
        Homeland Security for State recreational boating safety 
        programs under section 13106 of title 46, United States 
        Code.
          (3) Clean vessel act.--2.0 percent to the Secretary 
        of the Interior for qualified projects under section 
        5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 
        note).
          (4) Boating infrastructure.--2.0 percent to the 
        Secretary of the Interior for obligation for qualified 
        projects under section 7404(d) of the Sportfishing and 
        Boating Safety Act of 1998 (16 U.S.C. 777g-1(d)).
          (5) National outreach and communications.--2.0 
        percent to the Secretary of the Interior for the 
        National Outreach and Communications Program under 
        section 8(d) of this Act. Such amounts shall remain 
        available for 3 fiscal years, after which any portion 
        thereof that is unobligated by the Secretary for that 
        program may be expended by the Secretary under 
        subsection (c) of this section.
  [(d)] (b) Set-aside for expenses for administration of the 
Dingell-Johnson Sport Fish Restoration Act.--
          (1) In general.--
                  [(A) Set-aside.--For fiscal year 2001 and 
                each fiscal year thereafter, of the balance of 
                each such annual appropriation remaining after 
                the distribution and use under subsections (a), 
                (b), and (c) and section 14, the Secretary of 
                the Interior may use not more than the 
                available amount specified in subparagraph (B) 
                for the fiscal year for expenses for 
                administration incurred in implementation of 
                this Act, in accordance with this subsection 
                and section 9.]
                  (A) Set-aside.--For a fiscal year after 
                fiscal year 2005, the Secretary of the Interior 
                may use no more than the amount specified in 
                subparagraph (B) for the fiscal year for 
                expenses of administration incurred in the 
                implementation of this Act, in accordance with 
                this section and section 9. The amount 
                specified in subparagraph (B) for a fiscal year 
                may not be included in the amount of the annual 
                appropriation distributed under subsection (a) 
                for the fiscal year.
                  (B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                          (i) for each of fiscal years 2001 and 
                        2002, $9,000,000;
                          (ii) for fiscal year 2003, 
                        $8,212,000; and
                          (iii) for fiscal year 2004 and each 
                        fiscal year thereafter, the sum of--
                                  (I) the available amount for 
                                the preceding fiscal year; and
                                  (II) the amount determined by 
                                multiplying--
                                          (aa) the available 
                                        amount for the 
                                        preceding fiscal year; 
                                        and
                                          (bb) the change, 
                                        relative to the 
                                        preceding fiscal year, 
                                        in the Consumer Price 
                                        Index for All Urban 
                                        Consumers published by 
                                        the Department of 
                                        Labor.
          (2) Period of availability; apportionment of 
        unobligated amounts.--
                  (A) Period of availability.--For each fiscal 
                year, the available amount under paragraph (1) 
                shall remain available for obligation for use 
                under that paragraph until the end of the 
                fiscal year.
                  (B) Apportionment of unobligated amounts.--
                Not later than 60 days after the end of a 
                fiscal year, the Secretary of the Interior 
                shall apportion among the States any of the 
                available amount under paragraph (1) that 
                remains unobligated at the end of the fiscal 
                year, on the same basis and in the same manner 
                as other amounts made available under this Act 
                are apportioned among the States under 
                subsection (e) for the fiscal year.
  [(e)] (c) Apportionment among States.--The [Secretary of the 
Interior, after the distribution, transfer, use, and deduction 
under subsections (a), (b), (c), and (d), respectively, and 
after deducting amounts used for grants under section 14, shall 
apportion the remainder] Secretary, for a fiscal year after 
fiscal year 2005, after the distribution, transfer, use and 
deduction under subsection (b), and after deducting amounts 
used for grants under section 14 of this title, shall apportion 
57 percent of the balance of each such annual appropriation 
among the several States in the following manner: 40 [per 
centum] percent in the ratio which the area of each State 
including coastal and Great Lakes waters (as determined by the 
Secretary of the Interior) bears to the total area of all the 
States, and 60 [per centum] percent in the ratio which the 
number of persons holding paid licenses to fish for sport or 
recreation in the State in the second fiscal year preceding the 
fiscal year for which such apportionment is made, as certified 
to said Secretary by the State fish and game departments, bears 
to the number of such persons in all the States. Such 
apportionments shall be adjusted equitably so that no State 
shall receive less than 1 [per centum] percent nor more than 5 
[per centum] percent of the total amount apportioned. Where the 
apportionment to any State under this section is less than 
$4,500 annually, the Secretary of the Interior may allocate not 
more than $4,500 of said appropriation to said State to carry 
out the purposes of this Act when said State certifies to the 
Secretary of the Interior that it has set aside not less than 
$1,500 from its fish-and-game funds or has made, through its 
legislature, an appropriation in this amount for said purposes.
  [(f)] (d) Unallocated funds.--So much of any sum not 
allocated under the provisions of this section for any fiscal 
year is hereby authorized to be made available for expenditure 
to carry out the purposes of this Act until the close of the 
succeeding fiscal year. The term fiscal year as used in this 
section shall be a period of twelve consecutive months from 
October 1 through the succeeding September 30, except that the 
period for enumeration of persons holding licenses to fish 
shall be a State's fiscal or license year.
  [(g)] (e) Expenses for administration of certain programs.--
          (1) In general.--For each fiscal year, of the amounts 
        appropriated under section 3, the Secretary of the 
        Interior shall use only funds authorized for use under 
        [subsections (a), (b)(3)(A), (b)(3)(B), and (c)] 
        paragraphs (1), (3), (4), and (5) of subsection (a) to 
        pay the expenses for administration incurred in 
        carrying out the provisions of law referred to in those 
        subsections, respectively.
          (2) Maximum amount.--For each fiscal year, the 
        Secretary of the Interior may use not more than 
        $900,000 in accordance with paragraph (1).
  (f) Transfer of Certain Funds.--Amounts available under 
paragraphs (3) and (4) of subsection (a) that are unobligated 
by the Secretary of the Interior after 3 fiscal years shall be 
transferred to the Secretary of Homeland Security and shall be 
expended for State recreational boating safety programs under 
section 13106(a) of title 46, United States Code.

SEC. 8. MAINTENANCE OF PROJECTS.

                            [16 U.S.C. 777g]

  (a) Duty of States; Status of Projects; Title to Property.--
To maintain fish-restoration and management projects 
established under the provisions of this Act shall be the duty 
of the States according to their respective laws. Beginning 
July 1, 1953, maintenance of projects heretofore completed 
under the provisions of this Act may be considered as projects 
under this Act. Title to any real or personal property acquired 
by any State, and to improvements placed on State-owned lands 
through the use of funds paid to the State under the provisions 
of this Act, shall be vested in such State.
  (b) Funding requirements.--
          (1) Each State shall allocate 15 percent of the funds 
        apportioned to it for each fiscal year under section 4 
        of this Act for the payment of up to 75 per centum of 
        the costs of the acquisition, development, renovation, 
        or improvement of facilities (and auxiliary facilities 
        necessary to insure the safe use of such facilities) 
        that create, or add to, public access to the waters of 
        the United States to improve the suitability of such 
        waters for recreational boating purposes. 
        Notwithstanding this provision, States within a United 
        States Fish and Wildlife Service Administrative Region 
        may allocate more or less than 15 percent in a fiscal 
        year, provided that the total regional allocation 
        averages 15 percent over a 5 year period.
          (2) So much of the funds that are allocated by a 
        State under paragraph (1) in any fiscal year that 
        remained unexpended or unobligated at the close of such 
        year are authorized to be made available for the 
        purposes described in paragraph (1) during the 
        succeeding four fiscal years, but any portion of such 
        funds that remain unexpended or unobligated at the 
        close of such period are authorized to be made 
        available for expenditure by the Secretary of the 
        Interior [in carrying out the research program of the 
        Fish and Wildlife Service in respect to fish of 
        material value for sport or recreation.] to supplement 
        the 57 percent of the balance of each annual 
        appropriation to be apportioned among the States under 
        section 4(c).
  (c) Aquatic Resource Education Program; Funding, Etc..--Each 
State may use not to exceed 15 percent of the funds apportioned 
to it under section 4 of this Act to pay up to 75 per centum of 
the costs of an aquatic resource education and outreach and 
communications program for the purpose of increasing public 
understanding of the Nation's water resources and associated 
aquatic life forms. The non-Federal share of such costs may not 
be derived from other Federal grant programs. The Secretary 
shall issue not later than the one hundred and twentieth day 
after the effective date of this subsection such regulations as 
he deems advisable regarding the criteria for such programs.
  (d) National Outreach and Communications Program.--
          (1) Implementation.--Within 1 year after the date of 
        enactment of the Sportfishing and Boating Safety Act of 
        1998, the Secretary of the Interior shall develop and 
        implement, in cooperation and consultation with the 
        Sport Fishing and Boating Partnership Council, a 
        national plan for outreach and communications.
          (2) Content.--The plan shall provide--
                  (A) guidance, including guidance on the 
                development of an administrative process and 
                funding priorities, for outreach and 
                communications programs; and
                  (B) for the establishment of a national 
                program.
          (3) Secretary may match or fund programs.--Under the 
        plan, the Secretary may obligate amounts available 
        under [subsection (c) or (d)] subsection (a)(5) or 
        subsection (b) of section 4 of this Act--
                  (A) to make grants to any State or private 
                entity to pay all or any portion of the cost of 
                carrying out any outreach and communications 
                program under the plan; or
                  (B) to fund contracts with States or private 
                entities to carry out such a program.
          (4) Review.--The plan shall be reviewed periodically, 
        but not less frequently than once every 3 years.
  (e) State Outreach and Communications Program.--Within 12 
months after the completion of the national plan under 
subsection (d)(1), a State shall develop a plan for an outreach 
and communications program and submit it to the Secretary. In 
developing the plan, a State shall--
          (1) review the national plan developed under 
        subsection (d);
          (2) consult with anglers, boaters, the sportfishing 
        and boating industries, and the general public; and
          (3) establish priorities for the State outreach and 
        communications program proposed for implementation.
  (f) Pumpout Stations and Waste Reception Facilities.--Amounts 
apportioned to States under section 4 of this Act may be used 
to pay not more than 75 percent of the costs of constructing, 
renovating, operating, or maintaining pumpout stations and 
waste reception facilities (as those terms are defined in the 
Clean Vessel Act of 1992).
  (g) Surveys.--
          (1) National framework.--Within 6 months after the 
        date of enactment of the Sportfishing and Boating 
        Safety Act of 1998, the Secretary, in consultation with 
        the States, shall adopt a national framework for a 
        public boat access needs assessment which may be used 
        by States to conduct surveys to determine the adequacy, 
        number, location, and quality of facilities providing 
        access to recreational waters for all sizes of 
        recreational boats.
          (2) State surveys.--Within 18 months after such date 
        of enactment, each State that agrees to conduct a 
        public boat access needs survey following the 
        recommended national framework shall report its 
        findings to the Secretary for use in the development of 
        a comprehensive national assessment of recreational 
        boat access needs and facilities.
          (3) Exception.--Paragraph (2) does not apply to a 
        State if, within 18 months after such date of 
        enactment, the Secretary certifies that the State has 
        developed and is implementing a plan that ensures there 
        are and will be public boat access adequate to meet the 
        needs of recreational boaters on its waters.
          (4) Funding.--A State that conducts a public boat 
        access needs survey under paragraph (2) may fund the 
        costs of conducting that assessment out of amounts 
        allocated to it as funding dedicated to motorboat 
        access to recreational waters under subsection (b)(1) 
        of this section.

           *       *       *       *       *       *       *


              SPORTFISHING AND BOATING SAFETY ACT OF 1998

SEC. . BOATING INFRASTRUCTURE.

                           [16 U.S.C. 777g-1]

  (a) Purpose.--The purpose of this section is to provide funds 
to States for the development and maintenance of facilities for 
transient nontrailerable recreational vessels.

           *       *       *       *       *       *       *

  (c) Plan.--Within 6 months after submitting a survey to the 
Secretary under section 8(g) of the Act entitled ``An Act to 
provide that the United States shall aid the States in fish 
restoration and management projects, and for other purposes,'' 
approved August 9, 1950 (16 U.S.C. 777g(g)), as added by 
subsection (b) of this section, a State may develop and submit 
to the Secretary a plan for the construction, renovation, and 
maintenance of facilities for transient nontrailerable 
recreational vessels, and access to those facilities, to meet 
the needs of nontrailerable recreational vessels operating on 
navigable waters in the State.
  (d) Grant program.--
          (1) Matching grants.--The Secretary of the Interior 
        shall obligate amounts made available under [section 
        4(b)(3)(B) of the Act entitled ``An Act to provide that 
        the United States shall aid the States in fish 
        restoration and management projects, and for other 
        purposes,'' approved August 9, 1950, as amended by this 
        Act,] section 4(a)(4) of the Dingell-Johnson Sport Fish 
        Restoration Act to make grants to any State to pay not 
        more than 75 percent of the cost to a State of 
        constructing, renovating, or maintaining facilities for 
        transient nontrailerable recreational vessels.
          (2) Priorities.--In awarding grants under paragraph 
        (1), the Secretary shall give priority to projects 
        that--
                  (A) consist of the construction, renovation, 
                or maintenance of facilities for transient 
                nontrailerable recreational vessels in 
                accordance with a plan submitted by a State 
                under subsection (c);
                  (B) provide for public/private partnership 
                efforts to develop, maintain, and operate 
                facilities for transient nontrailerable 
                recreational vessels; and
                  (C) propose innovative ways to increase the 
                availability of facilities for transient 
                nontrailerable recreational vessels.
  (e) Definitions.--For purposes of this section, the term--
          (1) ``nontrailerable recreational vessel'' means a 
        recreational vessel 26 feet in length or longer--
                  (A) operated primarily for pleasure; or
                  (B) leased, rented, or chartered to another 
                for the latter's pleasure;
          (2) ``facilities for transient nontrailerable 
        recreational vessels'' includes mooring buoys, day- 
        docks, navigational aids, seasonal slips, safe harbors, 
        or similar structures located on navigable waters, that 
        are available to the general public (as determined by 
        the Secretary of the Interior) and designed for 
        temporary use by nontrailerable recreational vessels; 
        and
          (3) ``State'' means each of the several States of the 
        United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, American Samoa, the 
        Virgin Islands, and the Commonwealth of the Northern 
        Mariana Islands.

           *       *       *       *       *       *       *


               DINGELL-JOHNSON SPORT FISH RESTORATION ACT

SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR 
                    EXPENSES FOR ADMINISTRATION.

                            [16 U.S.C. 777h]

  (a) Authorized Expenses for Administration.--Except as 
provided in subsection (b), the Secretary of the Interior may 
use available amounts under [section 4(d)(1)] section 4(b) only 
for expenses for administration that directly support the 
implementation of this Act that consist of--
          (1) personnel costs of employees who directly 
        administer this Act on a full-time basis;
          (2) personnel costs of employees who directly 
        administer this Act on a part-time basis for at least 
        20 hours each week, not to exceed the portion of those 
        costs incurred with respect to the work hours of the 
        employee during which the employee directly administers 
        this Act, as those hours are certified by the 
        supervisor of the employee;
          (3) support costs directly associated with personnel 
        costs authorized under paragraphs (1) and (2), 
        excluding costs associated with staffing and operation 
        of regional offices of the United States Fish and 
        Wildlife Service and the Department of the Interior 
        other than for the purposes of this Act;
          (4) costs of determining under section 6(a) whether 
        State comprehensive plans and projects are substantial 
        in character and design;
          (5) overhead costs, including the costs of general 
        administrative services, that are directly attributable 
        to administration of this Act and are based on--
                  (A) actual costs, as determined by a direct 
                cost allocation methodology approved by the 
                Director of the Office of Management and Budget 
                for use by Federal agencies; and
                  (B) in the case of costs that are not 
                determinable under subparagraph (A), an amount 
                per full- time equivalent employee authorized 
                under paragraphs (1) and (2) that does not 
                exceed the amount charged or assessed for costs 
                per full-time equivalent employee for any other 
                division or program of the United States Fish 
                and Wildlife Service;
          (6) costs incurred in auditing, every 5 years, the 
        wildlife and sport fish activities of each State fish 
        and game department and the use of funds under section 
        6 by each State fish and game department;
          (7) costs of audits under subsection (d);
          (8) costs of necessary training of Federal and State 
        full-time personnel who administer this Act to improve 
        administration of this Act;
          (9) costs of travel to States, territories, and 
        Canada by personnel who--
                  (A) administer this Act on a full-time basis 
                for purposes directly related to administration 
                of State programs or projects; or
                  (B) administer grants under section 6 or 14;
          (10) costs of travel outside the United States 
        (except travel to Canada), by personnel who administer 
        this Act on a full-time basis, for purposes that 
        directly relate to administration of this Act and that 
        are approved directly by the Assistant Secretary for 
        Fish and Wildlife and Parks;
          (11) relocation expenses for personnel who, after 
        relocation, will administer this Act on a full-time 
        basis for at least 1 year, as certified by the Director 
        of the United States Fish and Wildlife Service at the 
        time at which the relocation expenses are incurred; and
          (12) costs to audit, evaluate, approve, disapprove, 
        and advise concerning grants under sections 6 and 14.
  (b) Reporting of Other Uses.--
          (1) In general.--Subject to paragraph (2), if the 
        Secretary of the Interior determines that available 
        amounts under [section 4(d)(1)] section 4(b) should be 
        used for an expense for administration other than an 
        expense for administration described in subsection (a), 
        the Secretary--
                  (A) shall submit to the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Resources of the House of 
                Representatives a report describing the expense 
                for administration and stating the amount of 
                the expense; and
                  (B) may use any such available amounts for 
                the expense for administration only after the 
                end of the 30-day period beginning on the date 
                of submission of the report under subparagraph 
                (A).
          (2) Maximum amount.--For any fiscal year, the 
        Secretary of the Interior may use under paragraph (1) 
        not more than $25,000.
  (c) Restriction on Use To Supplement General 
Appropriations.--The Secretary of the Interior shall not use 
available amounts under subsection (b) to supplement the 
funding of any function for which general appropriations are 
made for the United States Fish and Wildlife Service or any 
other entity of the Department of the Interior.
  (d) Audit Requirement.--
          (1) In general.--The Inspector General of the 
        Department of the Interior shall procure the 
        performance of biennial audits, in accordance with 
        generally accepted accounting principles, of 
        expenditures and obligations of amounts used by the 
        Secretary of the Interior for expenses for 
        administration incurred in implementation of this Act.
          (2) Auditor.--
                  (A) In general.--An audit under this 
                subsection shall be performed under a contract 
                that is awarded under competitive procedures 
                (as defined in section 4 of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 403)) 
                by a person or entity that is not associated in 
                any way with the Department of the Interior 
                (except by way of a contract for the 
                performance of an audit or other review).
                  (B) Supervision of auditor.--The auditor 
                selected under subparagraph (A) shall report 
                to, and be supervised by, the Inspector General 
                of the Department of the Interior, except that 
                the auditor shall submit a copy of the biennial 
                audit findings to the Secretary of the Interior 
                at the time at which the findings are submitted 
                to the Inspector General of the Department of 
                the Interior.
          (3) Report to congress.--The Inspector General of the 
        Department of the Interior shall promptly submit to the 
        Committee on Resources of the House of Representatives 
        and the Committee on Environment and Public Works of 
        the Senate--
                  (A) a report on the results of each audit 
                under this subsection; and
                  (B) a copy of each audit under this 
                subsection.

SEC. 12. PAYMENTS OF FUNDS TO AND COOPERATION WITH PUERTO RICO, THE 
                    DISTRICT OF COLUMBIA, GUAM, AMERICAN SAMOA, 
                    COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, AND 
                    VIRGIN ISLANDS.

                            [16 U.S.C. 777k]

  The Secretary of the Interior is authorized to cooperate with 
the Secretary of Agriculture of Puerto Rico, the Mayor of the 
District of Columbia, the Governor of Guam, the Governor of 
American Samoa, the Governor of the Commonwealth of the 
Northern Mariana Islands, and the Governor of the Virgin 
Islands, in the conduct of fish restoration and management 
projects, as defined in section 2 of this Act, upon such terms 
and conditions as he shall deem fair, just, and equitable, and 
is authorized to apportion to Puerto Rico, the District of 
Columbia, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, and the Virgin Islands, out of money 
available for apportionment under this Act, such sums as he 
shall determine, not exceeding for Puerto Rico 1 per centum, 
for the District of Columbia one-third of 1 per centum, for 
Guam one-third of 1 per centum, for American Samoa one-third of 
1 per centum, for the Commonwealth of the Northern Mariana 
Islands one-third of 1 per centum, and for the Virgin Islands 
one-third of 1 per centum of the total amount apportioned in 
any one year, but the Secretary shall in no event require any 
of said cooperating agencies to pay an amount which will exceed 
25 per centum of the cost of any project. Any unexpended or 
unobligated balance of any apportionment made pursuant to this 
section shall be made available for expenditure in Puerto Rico, 
the District of Columbia, Guam, the Commonwealth of the 
Northern Mariana Islands, or the Virgin Islands, as the case 
may be, in the succeeding year, on any approved projects, and 
if unexpended or unobligated at the end of such year is 
authorized to be made available for expenditure by the 
Secretary of the Interior [in carrying on the research program 
of the Fish and Wildlife Service in respect to fish of material 
value for sport or recreation.] to supplement the 57 percent of 
the balance of each annual appropriation to be apportioned 
among the States under section 4(b) of this Act.

SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM.

                            [16 U.S.C. 777m]

  [(a) In General.--
          [(1) Amount for grants.--Of the balance of each 
        annual appropriation made under section 3 remaining 
        after the distribution and use under subsections (a), 
        (b), and (c) of section 4 in a fiscal year, not more 
        than $3,000,000 shall be available to the Secretary of 
        the Interior for making multistate conservation project 
        grants in accordance with this section.]
  (a) In General.--
          (1) Amount for grants.--For each fiscal year after 
        fiscal year 2005, not more than $3,000,000 of each 
        annual appropriation made in accordance with the 
        provisions of section 3 shall be distributed to the 
        Secretary of the Interior for making multistate 
        conservation project grants in accordance with this 
        section.
          (2) Period of availability; apportionment.--
                  (A) Period of availability.--Amounts made 
                available under paragraph (1) shall remain 
                available for making grants only for the first 
                fiscal year for which the amount is made 
                available and the following fiscal year.
                  (B) Apportionment.--At the end of the period 
                of availability under subparagraph (A), the 
                Secretary of the Interior shall apportion any 
                amounts that remain available among the States 
                in the manner specified in [section 4(e)] 
                section 4(c) for use by the States in the same 
                manner as funds apportioned under [section 
                4(e).] section 4(c).
  (b) Selection of Projects.--
          (1) States or entities to be benefited.--A project 
        shall not be eligible for a grant under this section 
        unless the project will benefit--
                  (A) at least 26 States;
                  (B) a majority of the States in a region of 
                the United States Fish and Wildlife Service; or
                  (C) a regional association of State fish and 
                game departments.
          (2) Use of submitted priority list of projects.--The 
        Secretary of the Interior may make grants under this 
        section only for projects identified on a priority list 
        of sport fish restoration projects described in 
        paragraph (3).
          (3) Priority list of projects. A priority list 
        referred to in paragraph (2) is a priority list of 
        sport fish restoration projects that the International 
        Association of Fish and Wildlife Agencies--
                  (A) prepares through a committee comprised of 
                the heads of State fish and game departments 
                (or their designees), in consultation with--
                          (i) nongovernmental organizations 
                        that represent conservation 
                        organizations;
                          (ii) sportsmen organizations; and
                          (iii) industries that fund the sport 
                        fish restoration programs under this 
                        Act;
                  (B) approves by vote of a majority of the 
                heads of State fish and game departments (or 
                their designees); and
                  (C) not later than October 1 of each fiscal 
                year, submits to the Assistant Director for 
                Wildlife and Sport Fish Restoration Programs.
          (4) Publication.--The Assistant Director for Wildlife 
        and Sport Fish Restoration Programs shall publish in 
        the Federal Register each priority list submitted under 
        paragraph (3)(C).
  (c) Eligible Grantees.--
          (1) In general.--The Secretary of the Interior may 
        make a grant under this section only to--
                  (A) a State or group of States;
                  (B) the United States Fish and Wildlife 
                Service, or a State or group of States, for the 
                purpose of carrying out the National Survey of 
                Fishing, Hunting, and Wildlife-Associated 
                Recreation; and
                  (C) subject to paragraph (2), a 
                nongovernmental organization.
          (2) Nongovernmental organizations.--
                  (A) In general.--Any nongovernmental 
                organization that applies for a grant under 
                this section shall submit with the application 
                to the International Association of Fish and 
                Wildlife Agencies a certification that the 
                organization--
                          (i) will not use the grant funds to 
                        fund, in whole or in part, any activity 
                        of the organization that promotes or 
                        encourages opposition to the regulated 
                        taking of fish; and
                          (ii) will use the grant funds in 
                        compliance with subsection (d).
                  (B) Penalties for certain activities.--Any 
                nongovernmental organization that is found to 
                use grant funds in violation of subparagraph 
                (A) shall return all funds received under this 
                section and be subject to any other applicable 
                penalties under law.
  (d) Use of Grants.--A grant under this section shall not be 
used, in whole or in part, for an activity, project, or program 
that promotes or encourages opposition to the regulated taking 
of fish.
  (e) Funding for Other Activities.--[Of the balance of each 
annual appropriation made under section 3 remaining after the 
distribution and use under subsections (a), (b), and (c) of 
section 4 for each fiscal year and after deducting amounts used 
for grants under subsection (a)--] Of amounts made available 
under section 4(b) for each fiscal year--
          (1) $200,000 shall be made available for each of--
                  (A) the Atlantic States Marine Fisheries 
                Commission;
                  (B) the Gulf States Marine Fisheries 
                Commission;
                  (C) the Pacific States Marine Fisheries 
                Commission; and
                  (D) the Great Lakes Fisheries Commission; and
          (2) $400,000 shall be made available for the Sport 
        Fishing and Boating Partnership Council established by 
        the United States Fish and Wildlife Service.
  (f) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to any activity carried out under this section.

SEC. 15. EXPENDITURES FROM BOAT SAFETY ACCOUNT.

  The following amounts, available under section 9504(c) of the 
Internal Revenue Code of 1986 without further appropriation, 
shall be distributed as follows:
          (1) In fiscal year 2006, $28,155,000 shall be 
        distributed--
                  (A) under section 4 of this Act in the 
                following manner:
                          (i) $11,200,000 to be added to funds 
                        available under subsection (a)(2) of 
                        that section;
                          (ii) $1,245,000 to be added to funds 
                        available under subsection (a)(3) of 
                        that section;
                          (iii) $1,245,000 to be added to funds 
                        available under subsection (a)(4) of 
                        that section;
                          (iv) $1,245,000 to be added to funds 
                        available under subsection (a)(5) of 
                        that section; and
                          (v) $12,800,000 to be added to funds 
                        available under subsection (b) of that 
                        section; and
                  (B) under section 14 of this Act, $420,000, 
                to be added to funds available under subsection 
                (a)(1) of that section.
          (2) In fiscal year 2007, $22,419,000 shall be 
        distributed--
                  (A) under section 4 of this Act in the 
                following manner:
                          (i) $8,075,000 to be added to funds 
                        available under subsection (a)(2) of 
                        that section;
                          (ii) $713,000 to be added to funds 
                        available under subsection (a)(3) of 
                        that section;
                          (iii) $713,000 to be added to funds 
                        available under subsection (a)(4) of 
                        that section;
                          (iv) $713,000 to be added to funds 
                        available under subsection (a)(5) of 
                        that section; and
                          (v) $11,925,000 to be added to funds 
                        available under subsection (b) of this 
                        Act; and
                  (B) under section 14 of this Act, $280,000 to 
                be added to funds available under subsection 
                (a)(1) of that section.
          (3) In fiscal year 2008, $17,139,000 shall be 
        distributed--
                  (A) under section 4 of this Act in the 
                following manner:
                          (i) $6,800,000 to be added to funds 
                        available under subsection (a)(2) of 
                        that section;
                          (ii) $333,000 to be added to funds 
                        available under subsection (a)(3) of 
                        that section;
                          (iii) $333,000 to be added to funds 
                        available under subsection (a)(4) of 
                        that section;
                          (iv) $333,000 to be added to funds 
                        available under subsection (a)(5) of 
                        that section; and
                          (v) $9,200,000 to be added to funds 
                        available under subsection (b) of that 
                        section; and
                  (B) under section 14 of this Act, $140,000, 
                to be added to funds available under subsection 
                (a)(1) of that section.
          (4) In fiscal year 2009, $12,287,000 shall be 
        distributed--
                  (A) under section 4 of this Act in the 
                following manner:
                          (i) $5,100,000 to be added to funds 
                        available under subsection (a)(2) of 
                        that section;
                          (ii) $48,000 to be added to funds 
                        available under subsection (a)(3) of 
                        that section;
                          (iii) $48,000 to be added to funds 
                        available under subsection (a)(4) of 
                        that section;
                          (iv) $48,000 to be added to funds 
                        available under subsection (a)(5) of 
                        that section; and
                          (v) $6,900,000 to be added to funds 
                        available under subsection (b) of that 
                        section; and
                  (B) under section 14 of this Act, $143,000, 
                to be added to funds available under subsection 
                (a)(1) of that section.
          (5) In fiscal year 2010, all remaining funds in the 
        Account shall be distributed under section 4 of this 
        Act in the following manner:
                  (A) one-third to be added to funds available 
                under subsection (b); and
                  (B) two-thirds to be added to funds available 
                under subsection (h).

           *       *       *       *       *       *       *


                      TITLE 18, UNITED STATES CODE

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.

           *       *       *       *       *       *       *


Sec. 845. Exceptions; relief from disabilities

  (a) Except in the case of subsections (l), (m), (n), or (o) 
of section 842 and subsections (d), (e), (f), (g), (h), and (i) 
of section 844 of this title, this chapter shall not apply to:
          (1) any aspect of the transportation of explosive 
        materials via railroad, water, highway, or air [which 
        are regulated by the United States Department of 
        Transportation and agencies thereof, and which pertain 
        to safety;] that is subject to the authority of the 
        Departments of Transportation and Homeland Security;
          (2) the use of explosive materials in medicines and 
        medicinal agents in the forms prescribed by the 
        official United States Pharmacopeia, or the National 
        Formulary;
          (3) the transportation, shipment, receipt, or 
        importation of explosive materials for delivery to any 
        agency of the United States or to any State or 
        political subdivision thereof;
          (4) small arms ammunition and components thereof;
          (5) commercially manufactured black powder in 
        quantities not to exceed fifty pounds, percussion caps, 
        safety and pyrotechnic fuses, quills, quick and slow 
        matches, and friction primers, intended to be used 
        solely for sporting, recreational, or cultural purposes 
        in antique firearms as defined in section 921(a)(16) of 
        title 18 of the United States Code, or in antique 
        devices as exempted from the term ``destructive 
        device'' in section 921(a)(4) of title 18 of the United 
        States Code; and
          (6) the manufacture under the regulation of the 
        military department of the United States of explosive 
        materials for, or their distribution to or storage or 
        possession by the military or naval services or other 
        agencies of the United States; or to arsenals, navy 
        yards, depots, or other establishments owned by, or 
        operated by or on behalf of, the United States.
  (b)(1) A person who is prohibited from shipping, 
transporting, receiving, or possessing any explosive under 
section 842(i) may apply to the Secretary for relief from such 
prohibition.
  (2) The Secretary may grant the relief requested under 
paragraph (1) if the Secretary determines that the 
circumstances regarding the applicability of section 842(i), 
and the applicant's record and reputation, are such that the 
applicant will not be likely to act in a manner dangerous to 
public safety and that the granting of such relief is not 
contrary to the public interest.
  (3) A licensee or permittee who applies for relief, under 
this subsection, from the disabilities incurred under this 
chapter as a result of an indictment for or conviction of a 
crime punishable by imprisonment for a term exceeding 1 year 
shall not be barred by such disability from further operations 
under the license or permit pending final action on an 
application for relief filed pursuant to this section.
  (c) It is an affirmative defense against any proceeding 
involving subsections (l) through (o) of section 842 if the 
proponent proves by a preponderance of the evidence that the 
plastic explosive--
          (1) consisted of a small amount of plastic explosive 
        intended for and utilized solely in lawful--
                  (A) research, development, or testing of new 
                or modified explosive materials;
                  (B) training in explosives detection or 
                development or testing of explosives detection 
                equipment; or
                  (C) forensic science purposes; or
          (2) was plastic explosive that, within 3 years after 
        the date of enactment of the Antiterrorism and 
        Effective Death Penalty Act of 1996, will be or is 
        incorporated in a military device within the territory 
        of the United States and remains an integral part of 
        such military device, or is intended to be, or is 
        incorporated in, and remains an integral part of a 
        military device that is intended to become, or has 
        become, the property of any agency of the United States 
        performing military or police functions (including any 
        military reserve component) or the National Guard of 
        any State, wherever such device is located.
          (3) For purposes of this subsection, the term 
        ``military device'' includes, but is not restricted to, 
        shells, bombs, projectiles, mines, missiles, rockets, 
        shaped charges, grenades, perforators, and similar 
        devices lawfully manufactured exclusively for military 
        or police purposes. 18 U.S.C 3663 (2005)

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


Sec. 3663. Order of restitution

  (a)(1)(A) The court, when sentencing a defendant convicted of 
an offense under this title, section 401, 408(a), 409, 416, 
420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 
848(a), 849, 856, 861, 863) (but in no case shall a participant 
in an offense under such sections be considered a victim of 
such offense under this section), or section 5124, 46312, 
46502, or 46504 of title 49, other than an offense described in 
section 3663A(c), may order, in addition to or, in the case of 
a misdemeanor, in lieu of any other penalty authorized by law, 
that the defendant make restitution to any victim of such 
offense, or if the victim is deceased, to the victim's estate. 
The court may also order, if agreed to by the parties in a plea 
agreement, restitution to persons other than the victim of the 
offense.
  (B)(i) The court, in determining whether to order restitution 
under this section, shall consider--
          (I) the amount of the loss sustained by each victim 
        as a result of the offense; and
          (II) the financial resources of the defendant, the 
        financial needs and earning ability of the defendant 
        and the defendant's dependents, and such other factors 
        as the court deems appropriate.
  (ii) To the extent that the court determines that the 
complication and prolongation of the sentencing process 
resulting from the fashioning of an order of restitution under 
this section outweighs the need to provide restitution to any 
victims, the court may decline to make such an order.
  (2) For the purposes of this section, the term ``victim'' 
means a person directly and proximately harmed as a result of 
the commission of an offense for which restitution may be 
ordered including, in the case of an offense that involves as 
an element a scheme, conspiracy, or pattern of criminal 
activity, any person directly harmed by the defendant's 
criminal conduct in the course of the scheme, conspiracy, or 
pattern. In the case of a victim who is under 18 years of age, 
incompetent, incapacitated, or deceased, the legal guardian of 
the victim or representative of the victim's estate, another 
family member, or any other person appointed as suitable by the 
court, may assume the victim's rights under this section, but 
in no event shall the defendant be named as such representative 
or guardian.
  (3) The court may also order restitution in any criminal case 
to the extent agreed to by the parties in a plea agreement.
  (b) The order may require that such defendant--
          (1) in the case of an offense resulting in damage to 
        or loss or destruction of property of a victim of the 
        offense--
                  (A) return the property to the owner of the 
                property or someone designated by the owner; or
                  (B) if return of the property under 
                subparagraph (A) is impossible, impractical, or 
                inadequate, pay an amount equal to the greater 
                of--
                          (i) the value of the property on the 
                        date of the damage, loss, or 
                        destruction, or
                          (ii) the value of the property on the 
                        date of sentencing, less the value (as 
                        of the date the property is returned) 
                        of any part of the property that is 
                        returned;
          (2) in the case of an offense resulting in bodily 
        injury to a victim including an offense under chapter 
        109A or chapter 110--
                  (A) pay an amount equal to the cost of 
                necessary medical and related professional 
                services and devices relating to physical, 
                psychiatric, and psychological care, including 
                nonmedical care and treatment rendered in 
                accordance with a method of healing recognized 
                by the law of the place of treatment;
                  (B) pay an amount equal to the cost of 
                necessary physical and occupational therapy and 
                rehabilitation; and
                  (C) reimburse the victim for income lost by 
                such victim as a result of such offense;
          (3) in the case of an offense resulting in bodily 
        injury also results in the death of a victim, pay an 
        amount equal to the cost of necessary funeral and 
        related services;
          (4) in any case, reimburse the victim for lost income 
        and necessary child care, transportation, and other 
        expenses related to participation in the investigation 
        or prosecution of the offense or attendance at 
        proceedings related to the offense; and
          (5) in any case, if the victim (or if the victim is 
        deceased, the victim's estate) consents, make 
        restitution in services in lieu of money, or make 
        restitution to a person or organization designated by 
        the victim or the estate.
  (c)(1) Notwithstanding any other provision of law (but 
subject to the provisions of subsections (a)(1)(B)(i)(II) and 
(ii)[)], when sentencing a defendant convicted of an offense 
described in section 401, 408(a), 409, 416, 420, or 422(a) of 
the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 
861, 863), in which there is no identifiable victim, the court 
may order that the defendant make restitution in accordance 
with this subsection.
  (2)(A) An order of restitution under this subsection shall be 
based on the amount of public harm caused by the offense, as 
determined by the court in accordance with guidelines 
promulgated by the United States Sentencing Commission.
  (B) In no case shall the amount of restitution ordered under 
this subsection exceed the amount of the fine which may be 
ordered for the offense charged in the case.
  (3) Restitution under this subsection shall be distributed as 
follows:
          (A) 65 percent of the total amount of restitution 
        shall be paid to the State entity designated to 
        administer crime victim assistance in the State in 
        which the crime occurred.
          (B) 35 percent of the total amount of restitution 
        shall be paid to the State entity designated to receive 
        Federal substance abuse block grant funds.
  (4) The court shall not make an award under this subsection 
if it appears likely that such award would interfere with a 
forfeiture under chapter 46 or chapter 96 of this title or 
under the Controlled Substances Act (21 U.S.C. 801 et seq.).
  (5) Notwithstanding section 3612(c) or any other provision of 
law, a penalty assessment under section 3013 or a fine under 
subchapter C of chapter 227 shall take precedence over an order 
of restitution under this subsection.
  (6) Requests for community restitution under this subsection 
may be considered in all plea agreements negotiated by the 
United States.
  (7)(A) The United States Sentencing Commission shall 
promulgate guidelines to assist courts in determining the 
amount of restitution that may be ordered under this 
subsection.
  (B) No restitution shall be ordered under this subsection 
until such time as the Sentencing Commission promulgates 
guidelines pursuant to this paragraph.
  (d) An order of restitution made pursuant to this section 
shall be issued and enforced in accordance with section 3664.

           *       *       *       *       *       *       *


                  FEDERAL FOOD, DRUG, AND COSMETIC ACT

SEC. 301. PROHIBITED ACTS.

                            [21 U.S.C. 331]

  The following acts and the causing thereof are hereby 
prohibited:
          (a) The introduction or delivery for introduction 
        into interstate commerce of any food, drug, device, or 
        cosmetic that is adulterated or misbranded.
          (b) The adulteration or misbranding of any food, 
        drug, device, or cosmetic in interstate commerce.
          (c) The receipt in interstate commerce of any food, 
        drug, device, or cosmetic that is adulterated or 
        misbranded, and the delivery or proffered delivery 
        thereof for pay or otherwise.
          (d) The introduction or delivery for introduction 
        into interstate commerce of any article in violation of 
        section 404, 505, or 564
          (e) The refusal to permit access to or copying of any 
        record as required by section 412, 414, 416, 504, 564, 
        703, or 704(a); or the failure to establish or maintain 
        any record, or make any report, required under section 
        412, 414(b), 416, 504, 505(i) or (k), 512(a)(4)(C), 512 
        (j), (l) or (m), 572(i), 515(f), 519, or 564 or the 
        refusal to permit access to or verification or copying 
        of any such required record.
          (f) The refusal to permit entry or inspection as 
        authorized by section 704.
          (g) The manufacture, within any Territory of any 
        food, drug, device, or cosmetic that is adulterated or 
        misbranded.
          (h) The giving of a guaranty or undertaking referred 
        to in section 303(c)(2), which guaranty or undertaking 
        is false, except by a person who relied upon a guaranty 
        or undertaking to the same effect signed by, containing 
        the name and address of, the person residing in the 
        United States from whom he received in good faith the 
        food, drug, device, or cosmetic; or the giving of a 
        guaranty or undertaking referred to in section 
        303(c)(3), which guaranty or undertaking is false.
          (i)(1) Forging, counterfeiting, simulating, or 
        falsely representing, or without proper authority using 
        any mark, stamp, tag, label, or other identification 
        device authorized or required by regulations 
        promulgated under the provisions of section 404 or 721.
          (2) Making, selling, disposing of, or keeping in 
        possession, control, or custody, or concealing any 
        punch, die, plate, stone, or other thing designed to 
        print, imprint, or reproduce the trademark, trade name, 
        or other identifying mark, imprint, or device of 
        another or any likeness of any of the foregoing upon 
        any drug or container or labeling thereof so as to 
        render such drug a counterfeit drug.
          (3) The doing of any act which causes a drug to be a 
        counterfeit drug, or the sale or dispensing, or the 
        holding for sale or dispensing, of a counterfeit drug.
          (j) The using by any person to his own advantage or 
        revealing, other than to the Secretary or officers or 
        employees of the Department, or to the courts when 
        relevant in any judicial proceeding under this Act, any 
        information acquired under authority of section 404, 
        409, 412, 414, 505, 510, 512, 513, 514, 515, 516, 518, 
        519, 520, 571, 572, 573, 704, 708 or 721, concerning 
        any method or process which as a trade secret is 
        entitled to protection; or the violating of section 
        408(i)(2) or any regulation issued under that section. 
        This paragraph does not authorize the withholding of 
        information from either House of Congress or from, to 
        the extent of matter within its jurisdiction, any 
        committee or subcommittee of such committee or any 
        joint committee of Congress or any subcommittee of such 
        joint committee.
          (k) The alteration, mutilation, destruction, 
        obliteration, or removal of the whole or any part of 
        the labeling of, or the doing of any other act with 
        respect to, a food, drug, device, or cosmetic, if such 
        act is done while such article is held for sale 
        (whether or not the first sale) after shipment in 
        interstate commerce and results in such article being 
        adulterated or misbranded.
          (l) [Deleted]
          (m) The sale or offering for sale of colored 
        oleomargarine or colored margarine, or the possession 
        or serving of colored oleomargarine or colored 
        margarine in violation of sections 407(b), or 407(c).
          (n) The using, in labeling, advertising or other 
        sales promotion of any reference to any report or 
        analysis furnished in compliance with section 704.
          (o) In the case of a prescription drug distributed or 
        offered for sale in interstate commerce, the failure of 
        the manufacturer, packer, or distributor thereof to 
        maintain for transmittal, or to transmit, to any 
        practitioner licensed by applicable State law to 
        administer such drug who makes written request for 
        information as to such drug, true and correct copies of 
        all printed matter which is required to be included in 
        any package in which that drug is distributed or sold, 
        or such other printed matter as is approved by the 
        Secretary. Nothing in this paragraph shall be construed 
        to exempt any person from any labeling requirement 
        imposed by or under other provisions of this Act.
          (p) The failure to register in accordance with 
        section 510, the failure to provide any information 
        required by section 510(j) or 510k,, or the failure to 
        provide a notice required by section 510(j)(2).
          (q)(1) The failure or refusal to (A) comply with any 
        requirement prescribed under section 518 or 520(g), (B) 
        furnish any notification or other material or 
        information required by or under section 519 or 520(g), 
        or (C) comply with a requirement under section 522.
          (2) With respect to any device, the submission of any 
        report that is required by or under this Act that is 
        false or misleading in any material respect.
          (r) The movement of a device in violation of an order 
        under section 304(g) or the removal or alteration of 
        any mark or label required by the order to identify the 
        device as detained.
          (s) The failure to provide the notice required by 
        section 412(c) or 412(e), the failure to make the 
        reports required by section 412(f)(1)(B), the failure 
        to retain the records required by section 412(b)(4), or 
        the failure to meet the requirements prescribed under 
        section 412(f)(3).
          (t) The importation of a drug in violation of section 
        801(d)(1), the sale, purchase, or trade of a drug or 
        drug sample or the offer to sell, purchase, or trade a 
        drug or drug sample in violation of section 503(c), the 
        sale, purchase, or trade of a coupon, the offer to 
        sell, purchase, or trade such a coupon, or the 
        counterfeiting of such a coupon in violation of section 
        503(c)(2), the distribution of a drug sample in 
        violation of section 503(d), or the failure to 
        otherwise comply with the requirements of section 
        503(d), or the distribution of drugs in violation of 
        section 503(e) or the failure to otherwise comply with 
        the requirements of section 503(e).
          (u) The failure to comply with any requirements of 
        the provisions of, or any regulations or orders of the 
        Secretary, under section 512(a)(4)(A), 512(a)(4)(D), or 
        512(a)(5).
          (v) The introduction or delivery for introduction 
        into interstate commerce of a dietary supplement that 
        is unsafe under section 413.
          (w) The making of a knowingly false statement in any 
        statement, certificate of analysis, record, or report 
        required or requested under section 801(d)(3); the 
        failure to submit a certificate of analysis as required 
        under such section; the failure to maintain records or 
        to submit records or reports as required by such 
        section; the release into interstate commerce of any 
        article or portion thereof imported into the United 
        States under such section or any finished product made 
        from such article or portion, except for export in 
        accordance with section 801(e) or 802, or with section 
        351(h) of the Public Health Service Act; or the failure 
        to so export or to destroy such an article or portions 
        thereof, or such a finished product.
          (x) The falsification of a declaration of conformity 
        submitted under section 514(c) or the failure or 
        refusal to provide data or information requested by the 
        Secretary under paragraph (3) of such section.
          (y) In the case of a drug, device, or food--
                  (1) the submission of a report or 
                recommendation by a person accredited under 
                section 523 that is false or misleading in any 
                material respect;
                  (2) the disclosure by a person accredited 
                under section 523 of confidential commercial 
                information or any trade secret without the 
                express written consent of the person who 
                submitted such information or secret to such 
                person; or
                  (3) the receipt by a person accredited under 
                section 523 of a bribe in any form or the doing 
                of any corrupt act by such person associated 
                with a responsibility delegated to such person 
                under this Act.
          (z) The dissemination of information in violation of 
        section 551.
          (aa) The importation of a prescription drug in 
        violation of section 804, the falsification of any 
        record required to be maintained or provided to the 
        Secretary under such section, or any other violation of 
        regulations under such section.
          (bb) The transfer of an article of food in violation 
        of an order under section 304(h), or the removal or 
        alteration of any mark or label required by the order 
        to identify the article as detained.
          (cc) The importing or offering for import into the 
        United States of an article of food by, with the 
        assistance of, or at the direction of, a person 
        debarred under section 306(b)(3).
          (dd) The failure to register in accordance with 
        section 415.
          (ee) The importing or offering for import into the 
        United States of an article of food in violation of the 
        requirements under section 801(m).
          (ff) The importing or offering for import into the 
        United States of a drug or device with respect to which 
        there is a failure to comply with a request of the 
        Secretary to submit to the Secretary a statement under 
        section 801(o).
  (gg) The knowing failure to comply with paragraph (7)(E) of 
section 704(g); the knowing inclusion by a person accredited 
under paragraph (2) of such section of false information in an 
inspection report under paragraph (7)(A) of such section; or 
the knowing failure of such a person to include material facts 
in such a report.
  (hh) Noncompliance With Sanitary Transportation Practices.--
The failure by a shipper, carrier by motor vehicle or rail 
vehicle, receiver, or any other person engaged in the 
transportation of food to comply with the sanitary 
transportation practices prescribed by the Secretary under 
section 416.

           *       *       *       *       *       *       *


SEC. 402. ADULTERATED FOOD.

                            [21 U.S.C. 342]

  A food shall be deemed to be adulterated--
  (a) Poisonous, insanitary, or deleterious ingredients.--(1) 
If it bears or contains any poisonous or deleterious substance 
which may render it injurious to health; but in case the 
substance is not an added substance such food shall not be 
considered adulterated under this clause if the quantity of 
such substance in such food does not ordinarily render it 
injurious to health; (2)(A) if it bears or contains any added 
poisonous or added deleterious substance (other than a 
substance that is a pesticide chemical residue in or on a raw 
agricultural commodity or processed food, a food additive, a 
color additive, or a new animal drug) that is unsafe within the 
meaning of section 406; or (B) if it bears or contains a 
pesticide chemical residue that is unsafe within the meaning of 
section 408(a); or (C) if it is or if it bears or contains (i) 
any food additive that is unsafe within the meaning of section 
409; or (ii) a new animal drug (or conversion product thereof) 
that is unsafe within the meaning of section 512; or (3) if it 
consists in whole or in part of any filthy, putrid, or 
decomposed substances, or if it is otherwise unfit for food; or 
(4) if it has been prepared, packed, or held under insanitary 
conditions whereby it may have become contaminated with filth, 
or whereby it may have been rendered injurious to health; or 
(5) if it is, in whole or in part, the product of a diseased 
animal or of an animal which has died otherwise than by 
slaughter; or (6) if its container is composed, in whole or in 
part, of any poisonous or deleterious substance which may 
render the contents injurious to health; or (7) if it has been 
intentionally subjected to radiation, unless the use of the 
radiation was in conformity with a regulation or exemption in 
effect pursuant to section 409.
  (b) Absence, substitution, or addition of constituents.--(1) 
If any valuable constituent has been in whole or in part 
omitted or abstracted therefrom; or (2) if any substance has 
been substituted wholly or in part therefor; or (3) if damage 
or inferiority has been concealed in any manner; or (4) if any 
substance has been added thereto or mixed or packed therewith 
so as to increase its bulk or weight, or reduce its quality or 
strength, or make it appear better or of greater value than it 
is.
  (c) Color additives.--If it is, or it bears or contains, a 
color additive which is unsafe within the meaning of section 
721(a).
  (d) Confectionery containing alcohol or nonnutritive 
substance.--If it is confectionery, and--
          (1) has partially or completely imbedded therein any 
        nonnutritive object, except that this subparagraph 
        shall not apply in the case of any nonnutritive object 
        if, in the judgment of the Secretary as provided by 
        regulations, such object is of practical functional 
        value to the confectionery product and would not render 
        the product injurious or hazardous to health;
          (2) bears or contains any alcohol other than alcohol 
        not in excess of one-half of 1 per centum by volume 
        derived solely from the use of flavoring extracts, 
        except that this clause shall not apply to 
        confectionery which is introduced or delivered for 
        introduction into, or received or held for sale in, 
        interstate commerce if the sale of such confectionery 
        is permitted under the laws of the State in which such 
        confectionery is intended to be offered for sale; or
          (3) bears or contains any nonnutritive substance, 
        except that this subparagraph shall not apply to a safe 
        nonnutritive substance which is in or on confectionery 
        by reason of its use for some practical functional 
        purpose in the manufacture, packaging, or storage of 
        such confectionery if the use of the substance does not 
        promote deception of the consumer or otherwise result 
        in adulteration or misbranding in violation of any 
        provision of this Act, except that the Secretary may, 
        for the purpose of avoiding or resolving uncertainty as 
        to the application of this subparagraph, issue 
        regulations allowing or prohibiting the use of 
        particular nonnutritive substances.
  (e) Oleomargarine containing filthy, putrid, etc., matter.--
If it is oleomargarine or margarine or butter and any of the 
raw material used therein consisted in whole or in part of any 
filthy, putrid, or decomposed substance, or such oleomargarine 
or margarine or butter is otherwise unfit for food.
  (f) Safety of dietary supplements and burden of proof on 
FDA.--(1) If it is a dietary supplement or contains a dietary 
ingredient that--
          (A) presents a significant or unreasonable risk of 
        illness or injury under--
                  (i) conditions of use recommended or 
                suggested in labeling, or
                  (ii) if no conditions of use are suggested or 
                recommended in the labeling, under ordinary 
                conditions of use;
          (B) is a new dietary ingredient for which there is 
        inadequate information to provide reasonable assurance 
        that such ingredient does not present a significant or 
        unreasonable risk of illness or injury;
          (C) the Secretary declares to pose an imminent hazard 
        to public health or safety, except that the authority 
        to make such declaration shall not be delegated and the 
        Secretary shall promptly after such a declaration 
        initiate a proceeding in accordance with sections 554 
        and 556 of title 5, United States Code, to affirm or 
        withdraw the declaration; or
          (D) is or contains a dietary ingredient that renders 
        it adulterated under paragraph (a)(1) under the 
        conditions of use recommended or suggested in the 
        labeling of such dietary supplement. In any proceeding 
        under this subparagraph, the United States shall bear 
        the burden of proof on each element to show that a 
        dietary supplement is adulterated. The court shall 
        decide any issue under this paragraph on a de novo 
        basis.
  (2) Before the Secretary may report to a United States 
attorney a violation of paragraph (1)(A) for a civil 
proceeding, the person against whom such proceeding would be 
initiated shall be given appropriate notice and the opportunity 
to present views, orally and in writing, at least 10 days 
before such notice, with regard to such proceeding.
  (g) Good manufacturing practices.--If it is a dietary 
supplement and it has been prepared, packed, or held under 
conditions that do not meet current good manufacturing practice 
regulations, including regulations requiring, when necessary, 
expiration date labeling, issued by the Secretary under 
subparagraph (2).
  (2) The Secretary may by regulation prescribe good 
manufacturing practices for dietary supplements. Such 
regulations shall be modeled after current good manufacturing 
practice regulations for food and may not impose standards for 
which there is no current and generally available analytical 
methodology. No standard of current good manufacturing practice 
may be imposed unless such standard is included in a regulation 
promulgated after notice and opportunity for comment in 
accordance with chapter 5 of title 5, United States Code.
  (h) If it is an article of food imported or offered for 
import into the United States and the article of food has 
previously been refused admission under section 801(a), unless 
the person reoffering the article affirmatively establishes, at 
the expense of the owner or consignee of the article, that the 
article complies with the applicable requirements of this Act, 
as determined by the Secretary.
  (i) Noncompliance With Sanitary Transportation Practices.--If 
the food is transported under conditions that are not in 
compliance with the sanitary transportation practices 
prescribed by the Secretary under section 416.

           *       *       *       *       *       *       *


SEC. 316. SANITARY TRANSPORTATION PRACTICES.

  (a) Definitions.--In this section:
          (1) Bulk vehicle.--The term `bulk vehicle' includes a 
        tank truck, hopper truck, rail tank car, hopper car, 
        cargo tank, portable tank, freight container, or hopper 
        bin, and any other vehicle in which food is shipped in 
        bulk, with the food coming into direct contact with the 
        vehicle.
          (2) Transportation.--The term `transportation' means 
        any movement in commerce by motor vehicle or rail 
        vehicle.
  (b) Regulations.--The Secretary shall by regulation require 
shippers, carriers by motor vehicle or rail vehicle, receivers, 
and other persons engaged in the transportation of food to use 
sanitary transportation practices prescribed by the Secretary 
to ensure that food is not transported under conditions that 
may render the food adulterated.
  (c) Contents.--The regulations shall--
          (1) prescribe such practices as the Secretary 
        determines to be appropriate relating to--
                  (A) sanitation;
                  (B) packaging, isolation, and other 
                protective measures;
                  (C) limitations on the use of vehicles;
                  (D) information to be disclosed--
                          (i) to a carrier by a person 
                        arranging for the transport of food; 
                        and
                          (ii) to a manufacturer or other 
                        person that--
                                  (I) arranges for the 
                                transportation of food by a 
                                carrier; or
                                  (II) furnishes a tank vehicle 
                                or bulk vehicle for the 
                                transportation of food; and
                  (E) recordkeeping; and
          (2) include--
                  (A) a list of nonfood products that the 
                Secretary determines may, if shipped in a bulk 
                vehicle, render adulterated food that is 
                subsequently transported in the same vehicle; 
                and
                  (B) a list of nonfood products that the 
                Secretary determines may, if shipped in a motor 
                vehicle or rail vehicle (other than a tank 
                vehicle or bulk vehicle), render adulterated 
                food that is simultaneously or subsequently 
                transported in the same vehicle.
  (d) Waivers.--
          (1) In general.--The Secretary may waive any 
        requirement under this section, with respect to any 
        class of persons, vehicles, food, or nonfood products, 
        if the Secretary determines that the waiver--
                  (A) will not result in the transportation of 
                food under conditions that would be unsafe for 
                human or animal health; and
                  (B) will not be contrary to the public 
                interest.
          (2) Publication.--The Secretary shall publish in the 
        Federal Register any waiver and the reasons for the 
        waiver.
  (e) Preemption.--
          (1) In general.--No State or political subdivision of 
        a State may directly or indirectly establish or 
        continue in effect, as to any food in interstate 
        commerce, any authority or requirement concerning 
        transportation of food that is not identical to an 
        authority or requirement under this section.
          (2) Applicability.--This subsection applies to 
        transportation that occurs on or after the effective 
        date of the regulations promulgated under subsection 
        (b).
  (f) Assistance of Other Agencies.--The Secretary of 
Transportation, the Secretary of Agriculture, the Administrator 
of the Environmental Protection Agency, and the heads of other 
Federal agencies, as appropriate, shall provide assistance on 
request, to the extent resources are available, to the 
Secretary for the purposes of carrying out this section.

           *       *       *       *       *       *       *


SEC. 703. [RECORDS OF INTERSTATE SHIPMENT]. RECORDS.

                            [21 U.S.C. 373]

  [For the purpose] (a) In General._For the purpose of 
enforcing the provisions of this Act, carriers engaged in 
interstate commerce, and persons receiving food, drugs, 
devices, or cosmetics in interstate commerce or holding such 
articles so received, shall, upon the request of an officer or 
employee duly designated by the Secretary, permit such officer 
or employee, at reasonable times, to have access to and to copy 
all records showing the movement in interstate commerce of any 
food, drug, device, or cosmetic, or the holding thereof during 
or after such movement, and the quantity, shipper, and 
consignee thereof; and it shall be unlawful for any such 
carrier or person to fail to permit such access to and copying 
of any such record so requested when such request is 
accompanied by a statement in writing specifying the nature or 
kind of food, drug, device, or cosmetic to which such request 
relates, except that evidence obtained under this section, or 
any evidence which is directly or indirectly derived from such 
evidence, shall not be used in a criminal prosecution of the 
person from whom obtained, and except that carriers shall not 
be subject to the other provisions of this Act by reason of 
their receipt, carriage, holding, or delivery of food, drugs, 
devices, or cosmetics in the usual course of business as 
[carriers.] carriers, except as provided in subsection (b).
  (b) Food Transportation Records.--A shipper, carrier by motor 
vehicle or rail vehicle, receiver, or other person subject to 
section 416 shall, on request of an officer or employee 
designated by the Secretary, permit the officer or employee, at 
reasonable times, to have access to and to copy all records 
that the Secretary requires to be kept under section 
416(c)(1)(E).

           *       *       *       *       *       *       *


                        CLEAN VESSEL ACT OF 1992

SEC. 5604. FUNDING.

[33 U.S.C. 1322 note]

           *       *       *       *       *       *       *


    (c) Grant Program.--
          (1) Matching grants.--The Secretary of the Interior 
        may obligate an amount not to exceed the amount made 
        available under section 4(b)(2) of the Act of August 9, 
        1950 (16 U.S.C. 777c(b)(2), as amended by this Act), to 
        make grants to--
                  (A) coastal States to pay not more than 75 
                percent of the cost to a coastal State of--
                          (i) conducting a survey under section 
                        5603(a);
                          (ii) developing and submitting a plan 
                        and accompanying list under section 
                        5603(b);
                          (iii) constructing and renovating 
                        pumpout stations and waste reception 
                        facilities; and
                          (iv) conducting a program to educate 
                        recreational boaters about the problem 
                        of human body waste discharges from 
                        vessels and inform them of the location 
                        of pumpout stations and waste reception 
                        facilities.
                  (B) inland States, which can demonstrate to 
                the Secretary of the Interior that there are an 
                inadequate number of pumpout stations and waste 
                reception facilities to meet the needs of 
                recreational vessels in the waters of that 
                State, to pay 75 percent of the cost to that 
                State of--
                          (i) constructing and renovating 
                        pumpout stations and waste reception 
                        facilities in the inland State; and
                          (ii) conducting a program to educate 
                        recreational boaters about the problem 
                        of human body waste discharges from 
                        vessels and inform them of the location 
                        of pumpout stations and waste reception 
                        facilities.
          (2) Priority.--In awarding grants under this 
        subsection, the Secretary of the Interior shall give 
        priority consideration to grant applications that--
                  [(A) in coastal States, propose constructing 
                and renovating pumpout stations and waste 
                reception facilities in accordance with a 
                coastal State's plan approved under section 
                5603(c);]
                  [(B)] (A) provide for public/private 
                partnership efforts to develop and operate 
                pumpout stations and waste receptions 
                facilities; and
                  [(C)] (B) propose innovative ways to increase 
                the availability and use of pumpout stations 
                and waste reception facilities.
  (d)
    Disclaimer.--Nothing in this subtitle shall be interpreted 
to preclude a State from carrying out the provisions of this 
subtitle with funds other than those described in this section.

           *       *       *       *       *       *       *


                      TITLE 23, UNITED STATES CODE


Sec. 402. Highway safety programs

  (a) Each State shall have a highway safety program approved 
by the Secretary, designed to reduce traffic accidents and 
deaths, injuries, and property damage resulting therefrom. Such 
programs shall be in accordance with uniform guidelines 
promulgated by the Secretary. Such uniform guidelines shall be 
promulgated by the Secretary so as to improve driver 
performance (including, but not limited to, driver education, 
driver testing to determine proficiency to operate motor 
vehicles, driver examinations (both physical and mental) and 
driver licensing) and to improve pedestrian performance and 
bicycle safety. In addition, such uniform guidelines shall 
include programs (1) to reduce injuries and deaths resulting 
from motor vehicles being driven in excess of posted speed 
limits, (2) to encourage the proper use of occupant protection 
devices (including the use of safety belts and child restraint 
systems) by occupants of motor [vehicles and to increase public 
awareness of the benefit of motor vehicles equipped with 
airbags,] vehicles, (3) to reduce deaths and injuries resulting 
from persons driving motor vehicles while impaired by alcohol 
or a controlled substance, (4) to prevent accidents and reduce 
deaths and injuries resulting from accidents involving motor 
vehicles and motorcycles, (5) to reduce injuries and deaths 
resulting from accidents involving school buses, (6) to reduce 
aggressive driving and to educate drivers about defensive 
driving, (7) to reduce accidents resulting from fatigued and 
distracted drivers, including distractions arising from the use 
of electronic devices in vehicles, and [(6)] (8) to improve law 
enforcement services in motor vehicle accident prevention, 
traffic supervision, and post-accident procedures. The 
Secretary shall establish a highway safety program for the 
collection and reporting of data on traffic-related deaths and 
injuries by the States. Under such program, the States shall 
collect and report such data as the Secretary may require. The 
purposes of the program are to ensure national uniform data on 
such deaths and injuries and to allow the Secretary to make 
determinations for use in developing programs to reduce such 
deaths and injuries and making recommendations to Congress 
concerning legislation necessary to implement such programs. 
The program shall provide for annual reports to the Secretary 
on the efforts being made by the States in reducing deaths and 
injuries occurring at highway construction sites and the 
effectiveness and results of such efforts. The Secretary shall 
establish minimum reporting criteria for the program. Such 
criteria shall include, but not be limited to, criteria on 
deaths and injuries resulting from police pursuits, school bus 
accidents, aggressive driving, distracted driving,  and 
speeding, on traffic-related deaths and injuries at highway 
construction sites and on the configuration of commercial motor 
vehicles involved in motor vehicle accidents. In addition such 
uniform guidelines shall include, but not be limited to, 
provisions for an effective record system of accidents 
(including injuries and deaths resulting therefrom), accident 
investigations to determine the probable causes of accidents, 
injuries, and deaths, vehicle registration, operation, and 
inspection, highway design and maintenance (including lighting, 
markings, and surface treatment), traffic control, vehicle 
codes and laws, surveillance of traffic for detection and 
correction of high or potentially high accident locations, 
enforcement of light transmission standards of window glazing 
for passenger motor vehicles and light trucks as necessary to 
improve highway safety, and emergency services. Such guidelines 
as are applicable to State highway safety programs shall, to 
the extent determined appropriate by the Secretary, be 
applicable to federally administered areas where a Federal 
department or agency controls the highways or supervises 
traffic operations.
  (b) Administration of State programs.
          (1) Administrative requirements.--The Secretary may 
        not approve a State highway safety program under this 
        section which does not--
                  (A) provide that the Governor of the State 
                shall be responsible for the administration of 
                the program through a State highway safety 
                agency which shall have adequate powers and be 
                suitably equipped and organized to carry out, 
                to the satisfaction of the Secretary, such 
                program;
                  (B) authorize political subdivisions of the 
                State to carry out local highway safety 
                programs within their jurisdictions as a part 
                of the State highway safety program if such 
                local highway safety programs are approved by 
                the Governor and are in accordance with the 
                minimum standards established by the Secretary 
                under this section;
                  (C) except as provided in paragraph (3), 
                provide that at least 40 percent of all Federal 
                funds apportioned under this section to the 
                State for any fiscal year will be expended by 
                the political subdivisions of the State, 
                including Indian tribal governments, in 
                carrying out local highway safety programs 
                authorized in accordance with subparagraph (B); 
                and
                  (D) provide adequate and reasonable access 
                for the safe and convenient movement of 
                individuals with disabilities, including those 
                in wheelchairs, across curbs constructed or 
                replaced on or after July 1, 1976, at all 
                pedestrian crosswalks throughout the State.
          (2) Waiver.--The Secretary may waive the requirement 
        of paragraph (1)(C), in whole or in part, for a fiscal 
        year for any State whenever the Secretary determines 
        that there is an insufficient number of local highway 
        safety programs to justify the expenditure in the State 
        of such percentage of Federal funds during the fiscal 
        year.
          (3) Use of technology for traffic enforcement.--The 
        Secretary may encourage States to use technologically 
        advanced traffic enforcement devices (including the use 
        of automatic speed detection devices such as photo-
        radar) by law enforcement officers.
  (c) Funds authorized to be appropriated to carry out this 
section shall be used to aid the States to conduct the highway 
safety programs approved in accordance with subsection (a), 
including development and implementation of manpower training 
programs, and of demonstration programs that the Secretary 
determines will contribute directly to the reduction of 
accidents, and deaths and injuries resulting therefrom. Such 
funds shall be subject to a deduction not to exceed 5 per 
centum for the necessary costs of administering the provisions 
of this section, and the remainder shall be apportioned among 
the several States. Such funds shall be apportioned 75 per 
centum in the ratio which the population of each State bears to 
the total population of all the States, as shown by the latest 
available Federal census, and 25 per centum in the ratio which 
the public road mileage in each State bears to the total public 
road mileage in all States. For the purposes of this 
subsection, a ``public road'' means any road under the 
jurisdiction of and maintained by a public authority and open 
to public travel. Public road mileage as used in this 
subsection shall be determined as of the end of the calendar 
year preceding the year in which the funds are apportioned and 
shall be certified to by the Governor of the State and subject 
to approval by the Secretary. The annual apportionment to each 
State shall not be less than one-half of 1 per centum of the 
total apportionment, except that the apportionment to the 
Secretary of the Interior shall not be less than [three-fourths 
of 1 percent] 2 percent of the total apportionment and the 
apportionments to the Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Islands shall not be 
less than one-quarter of 1 per centum of the total 
apportionment. The Secretary shall not apportion any funds 
under this subsection to any State which is not implementing a 
highway safety program approved by the Secretary in accordance 
with this section. For the purpose of the seventh sentence of 
this subsection, a highway safety program approved by the 
Secretary shall not include any requirement that a State 
implement such a program by adopting or enforcing any law, 
rule, or regulation based on a guideline promulgated by the 
Secretary under this section requiring any motorcycle operator 
eighteen years of age or older or passenger eighteen years of 
age or older to wear a safety helmet when operating or riding a 
motorcycle on the streets and highways of that State. 
Implementation of a highway safety program under this section 
shall not be construed to require the Secretary to require 
compliance with every uniform guideline, or with every element 
of every uniform guideline, in every State. Funds apportioned 
under this section to any State, that does not have a highway 
safety program approved by the Secretary or that is not 
implementing an approved program, shall be reduced by amounts 
equal to not less than 50 per centum of the amounts that would 
otherwise be apportioned to the State under this section, until 
such time as the Secretary approves such program or determines 
that the State is implementing an approved program, as 
appropriate. The Secretary shall consider the gravity of the 
State's failure to have or implement an approved program in 
determining the amount of the reduction. The Secretary shall 
promptly apportion to the State the funds withheld from its 
apportionment if he approves the State's highway safety program 
or determines that the State has begun implementing an approved 
program, as appropriate, prior to the end of the fiscal year 
for which the funds were withheld. If the Secretary determines 
that the State did not correct its failure within such period, 
the Secretary shall reapportion the withheld funds to the other 
States in accordance with the formula specified in this 
subsection not later than 30 days after such determination.
  (d) All provisions of chapter 1 of this title that are 
applicable to National Highway System highway funds other than 
provisions relating to the apportionment formula and provisions 
limiting the expenditure of such funds to the Federal-aid 
systems, shall apply to the highway safety funds authorized to 
be appropriated to carry out this section, except as determined 
by the Secretary to be inconsistent with this section, and 
except that the aggregate of all expenditures made during any 
fiscal year by a State and its political subdivisions 
(exclusive of Federal funds) for carrying out the State highway 
safety program (other than planning and administration) shall 
be available for the purpose of crediting such State during 
such fiscal year for the non-Federal share of the cost of any 
project under this section (other than one for planning or 
administration) without regard to whether such expenditures 
were actually made in connection with such project and except 
that, in the case of a local highway safety program carried out 
by an Indian tribe, if the Secretary is satisfied that an 
Indian tribe does not have sufficient funds available to meet 
the non-Federal share of the cost of such program, he may 
increase the Federal share of the cost thereof payable under 
this Act to the extent necessary. In applying such provisions 
of chapter 1 in carrying out this section the term ``State 
transportation department'' as used in such provisions shall 
mean the Governor of a State for the purposes of this section.
  (e) Uniform guidelines promulgated by the Secretary to carry 
out this section shall be developed in cooperation with the 
States, their political subdivisions, appropriate Federal 
departments and agencies, and such other public and private 
organizations as the Secretary deems appropriate.
  (f) The Secretary may make arrangements with other Federal 
departments and agencies for assistance in the preparation of 
uniform guidelines for the highway safety programs contemplated 
by subsection (a) and in the administration of such programs. 
Such departments and agencies are directed to cooperate in such 
preparation and administration, on a reimbursable basis.
  (g) Nothing in this section authorizes the appropriation or 
expenditure of funds for (1) highway construction, maintenance, 
or design (other than design of safety features of highways to 
be incorporated into guidelines) or (2) any purpose for which 
funds are authorized by section 403 of this title.
  (h) [Repealed]
  (i) Application in Indian Country.--
          (1) Use of terms.--For the purpose of application of 
        this section in Indian country, the terms ``State'' and 
        ``Governor of a State'' include the Secretary of the 
        Interior and the term ``political subdivision of a 
        State'' includes an Indian tribe.
          (2) Expenditures for local highway programs.--
        Notwithstanding subsection (b)(1)(C), 95 percent of the 
        funds apportioned to the Secretary of the Interior 
        under this section shall be expended by Indian tribes 
        to carry out highway safety programs within their 
        jurisdictions.
          (3) Access for individuals with disabilities.--The 
        requirements of subsection (b)(1)(D) shall be 
        applicable to Indian tribes, except to those tribes 
        with respect to which the Secretary determines that 
        application of such provisions would not be 
        practicable.
          (4) Indian country defined.--In this subsection, the 
        term ``Indian country'' means--
                  (A) all land within the limits of any Indian 
                reservation under the jurisdiction of the 
                United States, notwithstanding the issuance of 
                any patent and including rights-of-way running 
                through the reservation;
                  (B) all dependent Indian communities within 
                the borders of the United States, whether 
                within the original or subsequently acquired 
                territory thereof and whether within or without 
                the limits of a State; and
                  (C) all Indian allotments, the Indian titles 
                to which have not been extinguished, including 
                rights- of-way running through such allotments.
  (j) Rulemaking Proceeding.--The Secretary may periodically 
conduct a rulemaking process to identify highway safety 
programs that are highly effective in reducing motor vehicle 
crashes, injuries, and deaths. Any such rulemaking shall take 
into account the major role of the States in implementing such 
programs. When a rule promulgated in accordance with this 
section takes effect, States shall consider these highly 
effective programs when developing their highway safety 
programs.
  (k)(1) Subject to the provisions of this subsection, the 
Secretary shall make a grant to any State which includes, as 
part of its highway safety program under section 402 of this 
title, the use of a comprehensive computerized safety 
recordkeeping system designed to correlate data regarding 
traffic accidents, drivers, motor vehicles, and roadways. Any 
such grant may only be used by such State to establish and 
maintain a comprehensive computerized traffic safety 
recordkeeping system or to obtain and operate components to 
support highway safety priority programs identified by the 
Secretary under this section. Notwithstanding any other 
provision of law, if a report, list, schedule, or survey is 
prepared by or for a State or political subdivision thereof 
under this subsection, such report, list, schedule, or survey 
shall not be admitted as evidence or used in any suit or action 
for damages arising out of any matter mentioned in such report, 
list, schedule, or survey.
  (2) No State may receive a grant under this subsection in 
more than two fiscal years.
  (3) The amount of the grant to any State under this 
subsection for the first fiscal year such State is eligible for 
a grant under this subsection shall equal 10 per centum of the 
amount apportioned to such State for fiscal year 1985 under 
this section. The amount of a grant to any State under this 
subsection for the second fiscal year such State is eligible 
for a grant under this subsection shall equal 10 per centum of 
the amount apportioned to such State for fiscal year 1986 under 
this section.
  (4) A State is eligible for a grant under this subsection 
if--
          (A) it certifies to the Secretary that it has in 
        operation a computerized traffic safety recordkeeping 
        system and identifies proposed means of upgrading the 
        system acceptable to the Secretary; or
          (B) it provides to the Secretary a plan acceptable to 
        the Secretary for establishing and maintaining a 
        computerized traffic safety recordkeeping system.
  (5) The Secretary, after making the deduction authorized by 
the second sentence of subsection (c) of this section for 
fiscal years 1985 and 1986, shall set aside 10 per centum of 
the remaining funds authorized to be appropriated to carry out 
this section for the purpose of making grants under this 
subsection. Funds set aside under this subsection shall remain 
available for the fiscal year authorized and for the succeeding 
fiscal year and any amounts remaining unexpended at the end of 
such period shall be apportioned in accordance with the 
provisions of subsection (c) of this section.
  (l) Limitation Relating to Law Enforcement Vehicular Pursuit 
Training.--No State may receive any funds available for fiscal 
years after fiscal year 2007 for programs under this chapter 
until the State submits to the Secretary a written statement 
that the State actively encourages all relevant law enforcement 
agencies in that State to follow the guidelines established for 
vehicular pursuit issued by the International Association of 
Chiefs of Police that are in effect on the date of enactment of 
the Highway Safety Grant Program Reauthorization Act of 2005, 
or as revised and in effect after that date as determined by 
the Secretary.
  (m) Consolidation of Grant Applications.--The Secretary shall 
establish an approval process by which a State may apply for 
all grants included under this chapter through a single 
application with a single annual deadline. The Bureau of Indian 
Affairs shall establish a similarly simplified process for 
applications from Indian tribes.
  (n) Administrative Expenses.--Funds authorized to be 
appropriated to carry out this section shall be subject to a 
deduction, not to exceed 5 percent of the amount of such funds, 
for the necessary costs of administering the provisions of this 
section, section 405, section 407A, section 410, and section 
412 of this chapter.

[Sec. 403. Highway safety research and development

  [(a) Authority of the Secretary.--
          [(1) In general.--The Secretary is authorized to use 
        funds appropriated to carry out this section to engage 
        in research on all phases of highway safety and traffic 
        conditions.
          [(2) Additional authority.--In addition, the 
        Secretary may use the funds appropriated to carry out 
        this section, either independently or in cooperation 
        with other Federal departments or agencies, for--
                  [(A) training or education of highway safety 
                personnel, including training in work zone 
                safety management,
                  [(B) research fellowships in highway safety,
                  [(C) development of improved accident 
                investigation procedures,
                  [(D) emergency service plans,
                  [(E) demonstration projects, and
                  [(F) related research and development 
                activities which the Secretary deems will 
                promote the purposes of this section.
          [(3) Safety defined.--As used in this section, the 
        term ``safety'' includes highway safety and highway 
        safety-related research and development, including 
        research and development relating to highway and driver 
        characteristics, crash investigations, communications, 
        emergency medical care, and transportation of the 
        injured.
  [(b) Drugs and driver behavior.--In addition to the research 
authorized by subsection (a), the Secretary, in consultation 
with other Government and private agencies as may be necessary, 
is authorized to carry out safety research on the following:
          [(1) The relationship between the consumption and use 
        of drugs and their effect upon highway safety and 
        drivers of motor vehicles.
          [(2) Driver behavior research, including the 
        characteristics of driver performance, the 
        relationships of mental and physical abilities or 
        disabilities to the driving task, and the relationship 
        of frequency of driver crash involvement to highway 
        safety.
          [(3) Measures that may deter drugged driving.
          [(4) Programs to train law enforcement officers on 
        motor vehicle pursuits conducted by the officers.
  [(c) The research authorized by subsections (a) and (b) of 
this section may be conducted by the Secretary through grants 
and contracts with public and private agencies, institutions, 
and individuals.
  [(d) The Secretary may, where he deems it to be in 
furtherance of the purposes of section 402 of this title, vest 
in State or local agencies, on such terms and conditions as he 
deems appropriate, title to equipment purchased for 
demonstration projects with funds authorized by this section.
  [(e) In addition to the research authorized by subsection (a) 
of this section, the Secretary shall, either independently or 
in cooperation with other Federal departments or agencies, 
conduct research into, and make grants to or contracts with 
State or local agencies, institutions, and individuals for 
projects to demonstrate the administrative adjudication of 
traffic infractions. Such administrative adjudication 
demonstration projects shall be designed to improve highway 
safety by developing fair, efficient, and effective processes 
and procedures for traffic infraction adjudication, utilizing 
appropriate punishment, training, and rehabilitative measures 
for traffic offenders. The Secretary shall report to Congress 
by July 1, 1975, and each year thereafter during the 
continuance of the program, on the research and demonstration 
projects authorized by this subsection, and shall include in 
such report a comparison of the fairness, efficiency, and 
effectiveness of administrative adjudication of traffic 
infractions with other methods of handling such infractions.
  [(f) Collaborative research and development.--
          [(1) In general.--For the purpose of encouraging 
        innovative solutions to highway safety problems, 
        stimulating voluntary improvements in highway safety, 
        and stimulating the marketing of new highway safety-
        related technology by private industry, the Secretary 
        is authorized to undertake, on a cost-shared basis, 
        collaborative research and development with non-Federal 
        entities, including State and local governments, 
        colleges, and universities and corporations, 
        partnerships, sole proprietorships, and trade 
        associations that are incorporated or established under 
        the laws of any State or the United States. This 
        collaborative research may include crash data 
        collection and analysis; driver and pedestrian 
        behavior; and demonstrations of technology.
          [(2) Cooperative agreements.--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); except that 
        in entering into such agreements, the Secretary may 
        agree to provide not more than 50 percent of the cost 
        of any research or development project selected by the 
        Secretary under this subsection.
          [(3) Project selection.--In selecting projects to be 
        conducted under this subsection, the Secretary shall 
        establish a procedure to consider the views of experts 
        and the public concerning the project areas.
          [(4) Applicability of stevenson-wydler technology 
        innovation act.--The research, development, or 
        utilization of any technology pursuant to an agreement 
        under the provisions of this subsection, including the 
        terms under which technology may be licensed and the 
        resulting royalties may be distributed, shall be 
        subject to the provisions of the Stevenson-Wydler 
        Technology Innovation Act of 1980.]

Sec. 403. Highway safety research and development

  (a) Authority of the Secretary.--The Secretary is authorized 
to use funds appropriated to carry out this section to--
          (1) conduct research on all phases of highway safety 
        and traffic conditions, including accident causation, 
        highway or driver characteristics, communications, and 
        emergency care;
          (2) conduct ongoing research into driver behavior and 
        its effect on traffic safety;
          (3) conduct research on, launch initiatives to 
        counter, and conduct demonstration projects on fatigued 
        driving by drivers of motor vehicles and distracted 
        driving in such vehicles, including the effect that the 
        use of electronic devices and other factors deemed 
        relevant by the Secretary have on driving;
          (4) conduct training or education programs in 
        cooperation with other Federal departments and 
        agencies, States, private sector persons, highway 
        safety personnel, and law enforcement personnel;
          (5) conduct research on, and evaluate the 
        effectiveness of, traffic safety countermeasures, 
        including seat belts and impaired driving initiatives;
          (6) conduct research on, evaluate, and develop best 
        practices related to driver education programs, 
        including driver education curricula, instructor 
        training and certification, program administration and 
        delivery mechanisms, and make recommendations for 
        harmonizing driver education and multistage graduated 
        licensing systems;
          (7) conduct research, training, and education 
        programs related to older drivers; and
          (8) conduct demonstration projects.
  (b) Nationwide Traffic Safety Campaigns.--
          (1) Requirement for campaigns.--The Administrator of 
        the National Highway Traffic Safety Administration 
        shall establish and administer a program under which at 
        least 2 high-visibility traffic safety law enforcement 
        campaigns will be carried out for the purposes 
        specified in paragraph (2) in each of years 2006 
        through 2009.
          (2) Purpose.--The purpose of each law enforcement 
        campaign is to achieve either or both of the following 
        objectives:
                  (A) Reduce alcohol-impaired or drug-impaired 
                operation of motor vehicles.
                  (B) Increase use of seat belts by occupants 
                of motor vehicles.
          (3) Advertising.--The Administrator may use, or 
        authorize the use of, funds available under this 
        section to pay for the development, production, and use 
        of broadcast and print media advertising in carrying 
        out traffic safety law enforcement campaigns under this 
        subsection. Consideration shall be given to advertising 
        directed at non-English speaking populations, including 
        those who listen, read, or watch nontraditional media.
          (4) Coordination with states.--The Administrator 
        shall coordinate with the States in carrying out the 
        traffic safety law enforcement campaigns under this 
        subsection, including advertising funded under 
        paragraph (3), with a view to--
                  (A) relying on States to provide the law 
                enforcement resources for the campaigns out of 
                funding available under this section and 
                sections 402, 405, and 410 of this title; and
                  (B) providing out of National Highway Traffic 
                Safety Administration resources most of the 
                means necessary for national advertising and 
                education efforts associated with the law 
                enforcement campaigns.
          (5) Annual evaluation.--The Secretary shall conduct 
        an annual evaluation of the effectiveness of such 
        initiatives.
          (6) Funding.--The Secretary shall use $24,000,000 in 
        each of fiscal years 2006 through 2009 for advertising 
        and educational initiatives to be carried out 
        nationwide in support of the campaigns under this 
        section.
  (c) International Cooperation.--
          (1) Authority.--The Administrator of the National 
        Highway Traffic Safety Administration may participate 
        and cooperate in international activities to enhance 
        highway safety.
          (2) Amount for program.--Of the amount available for 
        a fiscal year to carry out this section, $200,000 may 
        be used for activities authorized under paragraph (1).

Sec. 404. National Highway Safety Advisory Committee

  (a)(1) There is established in the Department of 
Transportation a National Highway Safety Advisory Committee, 
composed of the Secretary or an officer of the Department 
appointed by him, the Federal Highway Administrator, the 
National Highway Traffic Safety Administrator, and thirty-five 
members appointed by the President, no more than four of whom 
shall be Federal officers or employees. The Secretary shall 
select the Chairman of the Committee from among the Committee 
members. The appointed members, having due regard for the 
purposes of this chapter, shall be selected from among 
representatives of various State and local governments, 
including State legislatures, of public and private interests 
contributing to, affected by, or concerned with highway safety, 
including the national organizations of passenger car, bus, and 
truck owners, and of other public and private agencies, 
organizations, or groups demonstrating an active interest in 
highway safety, as well as research scientists and other 
individuals who are expert in this field.
  (2)(A) Each member appointed by the President shall hold 
office for a term of three years, except that (i) any member 
appointed to fill a vacancy occurring prior to the expiration 
of the term for which his predecessor was appointed shall be 
appointed for the remainder of such term, and (ii) the terms of 
office of members first taking office after the date of 
enactment of this section shall expire as follows: Twelve at 
the end of one year after the date such committee members are 
appointed by the President, twelve at the end of two years 
after the date such committee members are appointed by the 
President, and eleven at the end of three years after the date 
such committee members are appointed, as designated by the 
President at the time of appointment, and (iii) the term of any 
member shall be extended until the date on which the 
successor's appointment is effective. None of the members 
appointed by the President who has served a three-year term, 
other than Federal officers or employees, shall be eligible for 
reappointment within one year following the end of his 
preceding term.
  (B) Members of the Committee who are not officers or 
employees of the United States shall, while attending meetings 
or conferences of such Committee or otherwise engaged in the 
business of such Committee, be entitled to receive compensation 
at a rate fixed by the Secretary, but not exceeding $100 per 
diem, including traveltime, and while away from their homes or 
regular places of business they may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized in 
section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 
73b-2) for persons in the Government service employed 
intermittently. Payments under this section shall not render 
members of the Committee employees or officials of the United 
States for any purpose.
  (b) The National Highway Safety Advisory Committee shall 
advise, consult with, and make recommendations to, the 
Secretary on matters relating to the activities and functions 
of the Department in the field of highway safety. The Committee 
is authorized (1) to review research projects or programs 
submitted to or recommended by it in the field of highway 
safety and recommended to the Secretary, for prosecution under 
this title, any such projects which it believes show promise of 
making valuable contributions to human knowledge with respect 
to the cause and prevention of highway accidents; and (2) to 
review, prior to issuance, standards proposed to be issued by 
order of the Secretary under the provisions of section 402(a) 
of this title and to make recommendations thereon. Such 
recommendations shall be published in connection with the 
Secretary's determination or order.
  (c) The National Highway Safety Advisory Committee shall meet 
from time to time as the Secretary shall direct, but at least 
once each year.
  (d) The Secretary shall provide to the National Highway 
Safety Committee from among the personnel and facilities of the 
Department of [Commerce] Transportation such staff and 
facilities as are necessary to carry out the functions of such 
Committee.

[Sec. 405. Occupant protection incentive grants

  [(a) General authority.--
          [(1) Authority to make grants.--Subject to the 
        requirements of this section, the Secretary shall make 
        grants under this section to States that adopt and 
        implement effective programs to reduce highway deaths 
        and injuries resulting from individuals riding 
        unrestrained or improperly restrained in motor 
        vehicles. Such grants may be used by recipient States 
        only to implement and enforce, as appropriate, such 
        programs.
          [(2) Maintenance of effort.--No grant may be made to 
        a State under this section in any fiscal year unless 
        the State enters into such agreements with the 
        Secretary as the Secretary may require to ensure that 
        the State will maintain its aggregate expenditures from 
        all other sources for programs described in paragraph 
        (1) at or above the average level of such expenditures 
        in its 2 fiscal years preceding the date of enactment 
        of the Transportation Equity Act for the 21st Century.
          [(3) Maximum period of eligibility.--No State may 
        receive grants under this section in more than 6 fiscal 
        years beginning after September 30, 1997.
          [(4) Federal share.--The Federal share of the cost of 
        implementing and enforcing, as appropriate, in a fiscal 
        year a program adopted by a State pursuant to paragraph 
        (1) shall not exceed--
                  [(A) in each of the first and second fiscal 
                years in which the State receives a grant under 
                this section, 75 percent;
                  [(B) in each of the third and fourth fiscal 
                years in which the State receives a grant under 
                this section, 50 percent; and
                  [(C) in each of the fifth and sixth fiscal 
                years in which the State receives a grant under 
                this section, 25 percent.
  [(b) Grant eligibility.--A State shall become eligible for a 
grant under this section by adopting or demonstrating to the 
satisfaction of the Secretary at least 4 of the following:
          [(1) Safety belt use law.--The State has in effect a 
        safety belt use law that makes unlawful throughout the 
        State the operation of a passenger motor vehicle 
        whenever an individual (other than a child who is 
        secured in a child restraint system) in the front seat 
        of the vehicle (and, beginning in fiscal year 2001, in 
        any seat in the vehicle) does not have a safety belt 
        properly secured about the individual's body.
          [(2) Primary safety belt use law.--The State provides 
        for primary enforcement of the safety belt use law of 
        the State.
          [(3) Minimum fine or penalty points.--The State 
        imposes a minimum fine or provides for the imposition 
        of penalty points against the driver's license of an 
        individual--
                  [(A) for a violation of the safety belt use 
                law of the State; and
                  [(B) for a violation of the child passenger 
                protection law of the State.
          [(4) Special traffic enforcement program.--The State 
        has implemented a statewide special traffic enforcement 
        program for occupant protection that emphasizes 
        publicity for the program.
          [(5) Child passenger protection education program.--
        The State has implemented a statewide comprehensive 
        child passenger protection education program that 
        includes education programs about proper seating 
        positions for children in air bag equipped motor 
        vehicles and instruction on how to reduce the improper 
        use of child restraint systems.
          [(6) Child passenger protection law.--The State has 
        in effect a law that requires minors who are riding in 
        a passenger motor vehicle to be properly secured in a 
        child safety seat or other appropriate restraint 
        system.
  [(c) Grant amounts.--The amount of a grant for which a State 
qualifies under this section for a fiscal year shall equal up 
to 25 percent of the amount apportioned to the State for fiscal 
year 1997 under section 402.
  [(d) Administrative expenses.--Funds authorized to be 
appropriated to carry out this section in a fiscal year shall 
be subject to a deduction not to exceed 5 percent for the 
necessary costs of administering the provisions of this 
section.
  [(e) Applicability of Chapter 1.--The provisions contained in 
section 402(d) shall apply to this section.
  [(f) Definitions.--In this section, the following definitions 
apply:
          [(1) Child safety seat.--The term ``child safety 
        seat'' means any device (except safety belts) designed 
        for use in a motor vehicle to restrain, seat, or 
        position a child who weighs 50 pounds or less.
          [(2) Motor vehicle.--The term ``motor vehicle'' means 
        a vehicle driven or drawn by mechanical power and 
        manufactured primarily for use on public streets, 
        roads, and highways, but does not include a vehicle 
        operated only on a rail line.
          [(3) Multipurpose passenger vehicle.--The term 
        ``multipurpose passenger vehicle'' means a motor 
        vehicle with motive power (except a trailer), designed 
        to carry not more than 10 individuals, that is 
        constructed either on a truck chassis or with special 
        features for occasional off-road operation.
          [(4) Passenger car.--The term ``passenger car'' means 
        a motor vehicle with motive power (except a 
        multipurpose passenger vehicle, motorcycle, or trailer) 
        designed to carry not more than 10 individuals. (5) 
        Passenger motor vehicle. The term ``passenger motor 
        vehicle'' means a passenger car or a multipurpose 
        passenger motor vehicle.
          [(6) Safety belt.--The term ``safety belt'' means--
                  [(A) with respect to open-body passenger 
                vehicles, including convertibles, an occupant 
                restraint system consisting of a lap belt or a 
                lap belt and a detachable shoulder belt; and
                  [(B) with respect to other passenger 
                vehicles, an occupant restraint system 
                consisting of integrated lap and shoulder 
                belts.]

Sec. 405. Safety belt performance grants

  (a) In General.--The Secretary of Transportation shall make 
grants to States in accordance with the provisions of this 
section to encourage the enactment and enforcement of laws 
requiring the use of safety belts in passenger motor vehicles.
  (b) Grants for Enacting Primary Safety Belt Use Laws.--
          (1) In general.--The Secretary shall make a single 
        grant to each State that either--
                  (A) enacts for the first time after December 
                31, 2002, has in effect, and is enforcing a 
                conforming primary safety belt use law for all 
                passenger motor vehicles; or
                  (B) in the case of a State that does not have 
                such a primary safety belt use law, has a State 
                safety belt use rate for each of the 2 calendar 
                years immediately preceding the fiscal year of 
                a grant of 90 percent or more, as measured 
                under criteria determined by the Secretary.
          (2) Amount.--The amount of a grant available to a 
        State in fiscal year 2006 or in a subsequent fiscal 
        year under paragraph (1) of this subsection is equal to 
        500 percent of the amount apportioned to the State for 
        fiscal year 2003 under section 402(c) of this title.
          (3) July 1 cut-off.--For the purpose of determining 
        the eligibility of a State for a grant under paragraph 
        (1)(A), a primary safety belt use law enacted after 
        June 30th of any year shall--
                  (A) not be considered to have been enacted in 
                the Federal fiscal year in which that June 30th 
                falls; but
                  (B) be considered as if it were enacted after 
                the beginning of the next Federal fiscal year.
          (4) Shortfall.--If the total amount of grants 
        provided for by this subsection for a fiscal year 
        exceeds the amount of funds available for such grants 
        for that fiscal year, then the Secretary shall make 
        grants under this subsection to States in the order in 
        which--
                  (A) the primary safety belt use law came into 
                effect; or
                  (B) the State's safety belt use rate was 90 
                percent or more for 2 consecutive calendar 
                years (as measured by criteria determined by 
                the Secretary),
        whichever first occurs.
          (5) Catch-up grants.--The Secretary shall make a 
        grant to any State eligible for a grant under this 
        subsection that did not receive a grant for a fiscal 
        year because of the application of paragraph (4), in 
        the next fiscal year if the State's primary safety belt 
        use law remains in effect or its safety belt use rate 
        is 90 percent or more for the 2 consecutive calendar 
        years preceding such next fiscal year (subject to 
        paragraph (4)).
  (c) Grants for Pre-2003 Laws.--To the extent that amounts 
made available for any of fiscal years 2006 through 2009 exceed 
the total amounts to be awarded under subsection (b) for the 
fiscal year, including amounts to be awarded for catch-up 
grants under subsection (b)(5), the Secretary shall make a 
single grant to each State that enacted, has is effect, and is 
enforcing a primary safety belt use law for all passenger motor 
vehicles that was in effect before January 1, 2003. The amount 
of a grant available to a State under this subsection shall be 
equal to 250 percent of the amount of funds apportioned to the 
State under section 402(c) of this title for fiscal year 2003. 
The Secretary may award the grant in up to 4 installments over 
a period of 4 fiscal years beginning with fiscal year 2006.
  (d) Allocation of Unused Grant Funds.--The Secretary shall 
make additional grants under this section of any amounts 
available for grants under this section that, on July 1, 2009, 
are neither obligated nor expended. The additional grants made 
under this subsection shall be allocated among all States that, 
as of that date, have enacted, have in effect, and are 
enforcing primary safety belt laws for all passenger motor 
vehicles. The allocations shall be made in accordance with the 
formula for apportioning funds among the States under section 
402(c) of this title.
  (e) Use of Grant Funds.--
          (1) In general.--Subject to paragraph (2), a State 
        may use a grant under this section for any safety 
        purpose under this title or for any project that 
        corrects or improves a hazardous roadway location or 
        feature or proactively addresses highway safety 
        problems, including--
                  (A) intersection improvements;
                  (B) pavement and shoulder widening;
                  (C) installation of rumble strips and other 
                warning devices;
                  (D) improving skid resistance;
                  (E) improvements for pedestrian or bicyclist 
                safety;
                  (F) railway-highway crossing safety;
                  (G) traffic calming;
                  (H) the elimination of roadside obstacles;
                  (I) improving highway signage and pavement 
                marking;
                  (J) installing priority control systems for 
                emergency vehicles at signalized intersections;
                  (K) installing traffic control or warning 
                devices at locations with high accident 
                potential;
                  (L) safety-conscious planning; and
                  (M) improving crash data collection and 
                analysis.
          (2) Safety activity requirement.--Notwithstanding 
        paragraph (1), the Secretary shall ensure that at least 
        $1,000,000,000 of amounts received by States under this 
        section are obligated or expended for safety activities 
        under this chapter.
  (f) Carry-Forward of Excess Funds.--If the amount available 
for grants under this section for any fiscal year exceeds the 
sum of the grants made under this section for that fiscal year, 
the excess amount and obligational authority shall be carried 
forward and made available for grants under this section in the 
succeeding fiscal year.
  (g) Federal Share.--The Federal share payable for grants 
under this subsection is 100 percent.
  (h) Passenger Motor Vehicle Defined.--In this section, the 
term ``passenger motor vehicle'' means--
          (1) a passenger car,
          (2) a pickup truck,
          (3) a van, minivan, or sport utility vehicle,
with a gross vehicle weight rating of less than 10,000 pounds.

[Sec. 406. School bus driver training

  [(a) The Secretary is authorized to make grants to the States 
for the purpose of carrying out State programs approved by him 
of driver education and training for persons driving school 
buses.
  [(b) A State program under this section shall be approved by 
the Secretary if such program--
          [(1) provides for the establishment and enforcement 
        of qualifications for persons driving school buses;
          [(2) provides for initial education and training and 
        for refresher courses;
          [(3) provides for periodic reports to the Secretary 
        on the results of such program; and
          [(4) includes persons driving publicly operated, and 
        persons driving privately operated, school buses.
  [(c) Not less than $7,500,000 of the sums authorized to carry 
out section 402 of this title for fiscal year 1976 shall be 
obligated to carry out this section. Not less than $7,000,000 
of the sums authorized to carry out section 402 of this title 
for each of the fiscal years 1977 and 1978 shall be obligated 
to carry out this section. All sums authorized to carry out 
this section shall be apportioned among the States in 
accordance with the formula established under subsection (c) of 
section 402 of this title, and shall be available for 
obligation in the same manner and to the same extent as if such 
funds were apportioned under such subsection (c). The Federal 
share payable on account of any project to carry out a program 
under this section shall not exceed 75 per centum of the cost 
of the project.]

Sec. 406. Older driver safety; law enforcement training

  (a) Improving Older Driver Safety.--
          (1) In general.--Of the funds made available under 
        this section, the Secretary shall allocate $2,000,000 
        in each of fiscal years 2006 through 2009 to conduct a 
        comprehensive research and demonstration program to 
        improve traffic safety pertaining to older drivers. The 
        program shall--
                  (A) provide information and guidelines to 
                assist physicians and other related medical 
                personnel, families, licensing agencies, 
                enforcement officers, and various public and 
                transit agencies in enhancing the safety of 
                older drivers;
                  (B) improve the scientific basis of medical 
                standards and screenings strategies used in the 
                licensing of all drivers in a non-
                discriminatory manner;
                  (C) conduct field tests to assess the safety 
                benefits and mobility impacts of different 
                driver licensing strategies and driver 
                assessment and rehabilitation methods;
                  (D) assess the value and improve the safety 
                potential of driver retraining courses of 
                particular benefit to older drivers; and
                  (E) conduct other activities to accomplish 
                the objectives of this section.
          (2) Formulation of plan.--After consultation with 
        affected parties, the Secretary shall formulate an 
        older driver traffic safety plan to guide the design 
        and implementation of this program. The plan shall be 
        submitted to the House of Representatives Committee on 
        Transportation and Infrastructure and the Senate 
        Committee on Commerce, Science, and Transportation 
        within 1 year after the date of enactment of the 
        Highway Safety Grant Program Reauthorization Act of 
        2005.
  (b) Law Enforcement Training.--
          (1) Requirement for program.--The Administrator of 
        the National Highway Traffic Safety Administration 
        shall carry out a program to train law enforcement 
        personnel of each State and political subdivision 
        thereof in police chase techniques that are consistent 
        with the police chase guidelines issued by the 
        International Association of Chiefs of Police.
          (2) Amount for program.--Of the amount available for 
        a fiscal year to carry out this section, $200,000 shall 
        be available for carrying out this subsection.

Sec. 407. Innovative project grants

  (a) In addition to other grants authorized by this chapter, 
the Secretary may make grants in any fiscal year to those 
States, political subdivisions thereof, and nonprofit 
organizations which develop innovative approaches to highway 
safety problems in accordance with criteria to be established 
by the Secretary in cooperation with the States, political 
subdivisions thereof, and such nonprofit organizations as the 
Secretary deems appropriate.
  (b) The Secretary shall establish a procedure for the 
selection of grant applications submitted under this section. 
In developing such procedure, the Secretary shall consult with 
the States and political subdivisions thereof, appropriate 
Federal departments and agencies, and such other public and 
nonprofit organizations as the Secretary deems appropriate.
  (c) Any State, political subdivision thereof, and nonprofit 
organization may make an application under this section to 
carry out an innovative project described in subsection (a) of 
this section. Such application shall be in such form and 
contain such information as the Secretary, by regulation, 
prescribes.
  (d) Not to exceed 2 per centum of the funds authorized to be 
appropriated to carry out this section shall be available to 
the Secretary for the necessary costs of administering the 
provisions of this section.
  (e) The Secretary shall submit an annual report to the 
Congress which provides a description of each application 
received for a grant under this section and an evaluation of 
innovative projects carried out with grants made under this 
section.

Sec. 407A. Federal coordination and enhanced support of emergency 
                    medical services

  (a) Federal Interagency Committee on Emergency Medical 
Services.--
          (1) Establishment.--The Secretary of Transportation 
        and the Secretary of Homeland Security, through the 
        Under Secretary for Emergency Preparedness and 
        Response, shall establish a Federal Interagency 
        Committee on Emergency Medical Services. In 
        establishing the Interagency Committee, the Secretary 
        of Transportation and the Secretary of Homeland 
        Security through the Under Secretary for Emergency 
        Preparedness and Response shall consult with the 
        Secretary of Health and Human Services.
          (2) Membership.--The Interagency Committee shall 
        consist of the following officials, or their designees:
                  (A) The Administrator, National Highway 
                Traffic Safety Administration.
                  (B) The Director, Preparedness Division, 
                Emergency Preparedness and Response 
                Directorate, Department of Homeland Security.
                  (C) The Administrator, Health Resources and 
                Services Administration, Department of Health 
                and Human Services.
                  (D) The Director, Centers for Disease Control 
                and Prevention, Department of Health and Human 
                Services.
                  (E) The Administrator, United States Fire 
                Administration, Emergency Preparedness and 
                Response Directorate, Department of Homeland 
                Security.
                  (F) The Director, Center for Medicare and 
                Medicaid Services, Department of Health and 
                Human Services.
                  (G) The Undersecretary of Defense for 
                Personnel and Readiness.
                  (H) The Director, Indian Health Service, 
                Department of Health and Human Services.
                  (I) The Chief, Wireless Telecom Bureau, 
                Federal Communications Commission.
                  (J) A representative of any other Federal 
                agency identified by the Secretary of 
                Transportation or the Secretary of Homeland 
                Security through the Under Secretary for 
                Emergency Preparedness and Response, in 
                consultation with the Secretary of Health and 
                Human Services, as having a significant role in 
                relation to the purposes of the Interagency 
                Committee.
          (3) Purposes.--The purposes of the Interagency 
        Committee are as follows:
                  (A) To ensure coordination among the Federal 
                agencies involved with State, local, tribal, or 
                regional emergency medical services and 9-1-1 
                systems.
                  (B) To identify State, local, tribal, or 
                regional emergency medical services and 9-1-1 
                needs.
                  (C) To recommend new or expanded programs, 
                including grant programs, for improving State, 
                local, tribal, or regional emergency medical 
                services and implementing improved emergency 
                medical services communications technologies, 
                including wireless 9-1-1.
                  (D) To identify ways to streamline the 
                process through which Federal agencies support 
                State, local, tribal or regional emergency 
                medical services.
                  (E) To assist State, local, tribal or 
                regional emergency medical services in setting 
                priorities based on identified needs.
                  (F) To advise, consult, and make 
                recommendations on matters relating to the 
                implementation of the coordinated State 
                emergency medical services programs.
          (4) Administration.--The Administrator of the 
        National Highway Traffic Safety Administration, in 
        cooperation with the Director, Preparedness Division, 
        Emergency Preparedness and Response Directorate, 
        Department of Homeland Security, shall provide 
        administrative support to the Interagency Committee, 
        including scheduling meetings, setting agendas, keeping 
        minutes and records, and producing reports.
          (5) Leadership.--The members of the Interagency 
        Committee shall select a chairperson of the Committee 
        annually.
          (6) Meetings.--The Interagency Committee shall meet 
        as frequently as is determined necessary by the 
        chairperson of the Committee.
          (7) Annual reports.--The Interagency Committee shall 
        prepare an annual report to Congress on the Committee's 
        activities, actions, and recommendations.
  (b) Coordinated Nationwide Emergency Medical Services 
Program.--
          (1) Program requirement.--The Secretary of 
        Transportation, acting through the Administrator of the 
        National Highway Traffic Safety Administration, shall 
        coordinate with officials of other Federal departments 
        and agencies, and may assist State and local 
        governments and emergency medical services 
        organizations (whether or not a firefighter 
        organization), private industry, and other interested 
        parties, to ensure the development and implementation 
        of a coordinated nationwide emergency medical services 
        program that is designed to strengthen transportation 
        safety and public health and to implement improved 
        emergency medical services communication systems, 
        including 9-1-1.
          (2) Coordinated state emergency medical services 
        program.--Each State shall establish a program, to be 
        approved by the Secretary, to coordinate the emergency 
        medical services and resources deployed throughout the 
        State, so as to ensure--
                  (A) improved emergency medical services 
                communication systems, including 9-1-1;
                  (B) utilization of established best practices 
                in system design and operations;
                  (C) implementation of quality assurance 
                programs; and
                  (D) incorporation of data collection and 
                analysis programs that facilitate system 
                development and data linkages with other 
                systems and programs useful to emergency 
                medical services.
          (3) Administration of state programs.--The Secretary 
        may not approve a coordinated State emergency medical 
        services program under this subsection unless the 
        program--
                  (A) provides that the Governor of the State 
                is responsible for its administration through a 
                State office of emergency medical services that 
                has adequate powers and is suitably equipped 
                and organized to carry out such program and 
                coordinates such program with the highway 
                safety office of the State; and
                  (B) authorizes political subdivisions of the 
                State to participate in and receive funds under 
                such program, consistent with a goal of 
                achieving statewide coordination of emergency 
                medical services and 9-1-1 activities.
          (4) Funding.--
                  (A) Use of funds.--Funds authorized to be 
                appropriated to carry out this subsection shall 
                be used to aid the States in conducting 
                coordinated emergency medical services and 9-1-
                1 programs as described in paragraph (2).
                  (B) Apportionment.--
                          (i) Apportionment formula.--The funds 
                        shall be apportioned as follows: 75 
                        percent in the ratio that the 
                        population of each State bears to the 
                        total population of all the States, as 
                        shown by the latest available Federal 
                        census, and 25 percent in the ratio 
                        that the public road mileage in each 
                        State bears to the total public road 
                        mileage in all States. For the purpose 
                        of this subparagraph, the term ``public 
                        road'' means any road under the 
                        jurisdiction of and maintained by a 
                        public authority and open to public 
                        travel. Public road mileage as used in 
                        this subsection shall be determined as 
                        of the end of the calendar year prior 
                        to the year in which the funds are 
                        apportioned and shall be certified by 
                        the Governor of the State and subject 
                        to approval by the Secretary.
                          (ii) Minimum apportionment.--The 
                        annual apportionment to each State 
                        shall not be less than \1/2\ of 1 
                        percent of the total apportionment, 
                        except that the apportionment to the 
                        Secretary of the Interior on behalf of 
                        Indian tribes shall not be less than 
                        \3/4\ of 1 percent of the total 
                        apportionment, and the apportionments 
                        to the Virgin Islands, Guam, American 
                        Samoa, and the Commonwealth of the 
                        Northern Mariana Islands shall not be 
                        less than \1/4\ of 1 percent of the 
                        total apportionment.
          (5) Applicability of chapter 1.--Section 402(d) of 
        this title shall apply in the administration of this 
        subsection.
          (6) Federal share.--The Federal share of the cost of 
        a project or program funded under this subsection shall 
        be 80 percent.
          (7) Application in indian country.--
                  (A) Use of terms.--For the purpose of 
                application of this subsection in Indian 
                country, the terms ``State'' and ``Governor of 
                the State'' include the Secretary of the 
                Interior and the term ``political subdivisions 
                of the State'' includes an Indian tribe.
                  (B) Indian country defined.--In this 
                subsection, the term ``Indian country'' means--
                          (i) all land within the limits of any 
                        Indian reservation under the 
                        jurisdiction of the United States, 
                        notwithstanding the issuance of any 
                        patent and including rights-of-way 
                        running through the reservation;
                          (ii) all dependent Indian communities 
                        within the borders of the United 
                        States, whether within the original or 
                        subsequently acquired territory thereof 
                        and whether within or without the 
                        limits of a State; and
                          (iii) all Indian allotments, the 
                        Indian titles to which have not been 
                        extinguished, including rights-of-way 
                        running through such allotments.
  (c) State Defined.--In this section, the term ``State'' means 
each of the 50 States, the District of Columbia, Puerto Rico, 
the Virgin Islands, Guam, American Samoa, the Commonwealth of 
the Northern Mariana Islands, and the Secretary of the Interior 
on behalf of Indian tribes.
  (d) Construction With Respect to District of Columbia.--In 
the administration of this section with respect to the District 
of Columbia, a reference in this section to the Governor of a 
State shall refer to the Mayor of the District of Columbia.

[Sec. 408. Alcohol traffic safety programs

  [(a) Subject to the provisions of this section, the Secretary 
shall make grants to those States which adopt and implement 
effective programs to reduce traffic safety problems resulting 
from persons driving while under the influence of alcohol or a 
controlled substance. Such grants may only be used by recipient 
States to implement and enforce such programs.
  [(b) No grant may be made to a State under this section in 
any fiscal year unless such State enters into such agreements 
with the Secretary as the Secretary may require to ensure that 
such State will maintain its aggregate expenditures from all 
other sources for alcohol traffic safety programs at or above 
the average level of such expenditures in its two fiscal years 
preceding the date of enactment of this section.
  [(c) No State may receive grants under this section in more 
than 5 fiscal years. The Federal share payable for any grant 
under this section shall not exceed--
          [(1) in the first fiscal year the State receives a 
        grant under this section, 75 per centum of the cost of 
        implementing and enforcing in such fiscal year the 
        alcohol traffic safety program adopted by the State 
        pursuant to subsection (a);
          [(2) in the second fiscal year the State receives a 
        grant under this section, 50 per centum of the cost of 
        implementing and enforcing in such fiscal year such 
        program; and
          [(3) in the third, fourth, and fifth fiscal years the 
        State receives a grant under this section, 25 per 
        centum of the cost of implementing and enforcing in 
        such fiscal year such program.
  [(d)(1) Subject to subsection (c), the amount of a basic 
grant made under this section for any fiscal year to any State 
which is eligible for such a grant under subsection (e)(1) 
shall equal 30 per centum of the amount apportioned to such 
State for fiscal year 1983 under section 402 of this title.
  [(2) Subject to subsection (c), the amount of a supplemental 
grant made under this section for any fiscal year to any State 
which is eligible for such a grant under subsection (e)(2) 
shall not exceed 20 per centum of the amount apportioned to 
such State for fiscal year 1983 under section 402 of this 
title. Such supplemental grant shall be in addition to any 
basic grant received by such State.
  [(3) Subject to subsection (c), the amount of a special grant 
made under this section for any fiscal year to any State which 
is eligible for such a grant under subsection (e)(3) shall not 
exceed 5 per centum of the amount apportioned to such State for 
fiscal year 1984 under sections 402 and 408 of this title. Such 
grant shall be in addition to any basic or supplemental grant 
received by such State.
  [(e)(1) For purposes of this section, a State is eligible for 
a basic grant if such State provides--
          [(A) for the prompt suspension, for a period not less 
        than ninety days in the case of a first offender and 
        not less than one year in the case of any repeat 
        offender, of the driver's license of any individual who 
        a law enforcement officer has probable cause under 
        State law to believe has committed an alcohol-related 
        traffic offense, and (i) to whom is administered one or 
        more chemical tests to determine whether the individual 
        was intoxicated while operating the motor vehicle and 
        who is determined, as a result of such tests, to be 
        intoxicated, or (ii) who refuses to submit to such a 
        test as proposed by the officer;
          [(B) for a mandatory sentence, which shall not be 
        subject to suspension or probation, of (i) imprisonment 
        for not less than forty-eight consecutive hours, or 
        (ii) not less than ten days of community service, of 
        any person convicted of driving while intoxicated more 
        than once in any five-year period;
          [(C) that any person with a blood alcohol 
        concentration of 0.10 percent or greater when driving a 
        motor vehicle shall be deemed to be driving while 
        intoxicated; and
          [(D) for increased efforts or resources dedicated to 
        the enforcement of alcohol-related traffic laws and 
        increased efforts to inform the public of such 
        enforcement.
  [(2) For purposes of this section, a State is eligible for a 
supplemental grant if such State is eligible for a basic grant 
and in addition provides for some or all of the criteria 
established by the Secretary under subsection (f).
  [(3) For the purposes of this section, a State is eligible 
for a special grant if the State enacts a statute which 
provides that--
          [(A) any person convicted of a first violation of 
        driving under the influence of alcohol shall receive--
                  [(i) a mandatory license suspension for a 
                period of not less than ninety days; and either 
                (ii)(I) an assignment of one hundred hours of 
                community service; or (II) a minimum sentence 
                of imprisonment for forty-eight consecutive 
                hours;
          [(B) any person convicted of a second violation of 
        driving under the influence of alcohol within five 
        years after a conviction for the same offense, shall 
        receive a mandatory minimum sentence of imprisonment 
        for ten days and license revocation for not less than 
        one year;
          [(C) any person convicted of a third or subsequent 
        violation of driving under the influence of alcohol 
        within five years after a prior conviction for the same 
        offense shall--
                  [(i) receive a mandatory minimum sentence of 
                imprisonment for one hundred and twenty days; 
                and
                  [(ii) have his license revoked for not less 
                than three years; and
          [(D) any person convicted of driving with a suspended 
        or revoked license or in violation of a restriction due 
        to driving under the influence of alcohol conviction 
        shall receive a mandatory sentence of imprisonment for 
        at least thirty days, and shall upon release from 
        imprisonment, receive an additional period of license 
        suspension or revocation of not less than the period of 
        suspension or revocation remaining in effect at the 
        time of commission of the offense of driving with a 
        suspended or revoked license.
  [(f) The Secretary shall, by rule, establish criteria for 
effective programs to reduce traffic safety problems resulting 
from persons driving while under the influence of alcohol, 
which criteria shall be in addition to those required for a 
basic grant under subsection (e)(1). The Secretary shall 
establish such criteria in cooperation with the States and 
political subdivisions thereof, appropriate Federal departments 
and agencies, and such other public and nonprofit organizations 
as the Secretary may deem appropriate. Such criteria may 
include, but need not be limited to, requirements--
          [(1) for the establishment and maintenance of a 
        statewide driver recordkeeping system from which repeat 
        offenders may be identified and which is accessible in 
        a prompt and timely manner to the courts and to the 
        public;
          [(2) for the creation and operation of rehabilitation 
        and treatment programs for those arrested and convicted 
        of driving while intoxicated;
          [(3) for the impoundment of any vehicle operated on a 
        State road by any individual whose driver's license is 
        suspended or revoked for an alcohol-related driving 
        offense;
          [(4) for the establishment in each major political 
        subdivision of a State of locally coordinated alcohol 
        traffic safety programs which are administered by local 
        officials and are financially self-sufficient;
          [(5) for the grant of presentence screening authority 
        to the courts;
          [(6) for the setting of the minimum drinking age in 
        such State at twenty-one years of age;
          [(7) for the consideration of and, where consistent 
        with other provisions of State law and constitution the 
        adoption of, recommendations that the Presidential 
        Commission on Drunk Driving may issue during the period 
        in which rules are being made to carry out this 
        section; and
          [(8) for the creation and operation of rehabilitation 
        and treatment programs for those arrested and convicted 
        of driving while under the influence of a controlled 
        substance or for the establishment of research programs 
        to develop effective means of detecting use of 
        controlled substances by drivers.
  [(g) There is hereby authorized to be appropriated to carry 
out this section, out of the Highway Trust Fund, $25,000,000 
for the fiscal year ending September 30, 1983, and $50,000,000 
per fiscal year for each of the fiscal years ending September 
30, 1984, and September 30, 1985. All provisions of chapter 1 
of this title that are applicable to Federal-aid primary 
highway funds, other than provisions relating to the 
apportionment formula and provisions limiting the expenditures 
of such funds to Federal-aid systems, shall apply to the funds 
authorized to be appropriated to carry out this section, except 
as determined by the Secretary to be inconsistent with this 
section and except that sums authorized by this subsection 
shall remain available until expended. Sums authorized by this 
subsection shall not be subject to any obligation limitation 
for State and community highway safety programs.]

           *       *       *       *       *       *       *


Sec. 410. Alcohol-impaired driving countermeasures

  (a) General authority.--
          (1) Authority to make grants.--Subject to the 
        requirements of this section, the Secretary shall make 
        grants to States that adopt and implement effective 
        programs to reduce traffic safety problems resulting 
        from individuals driving while under the influence of 
        alcohol. Such grants may only be used by recipient 
        States to implement and enforce such programs.
          (2) Maintenance of effort.--No grant may be made to a 
        State under this section in any fiscal year unless the 
        State enters into such agreements with the Secretary as 
        the Secretary may require to ensure that the State will 
        maintain its aggregate expenditures from all other 
        sources for alcohol traffic safety programs at or above 
        the average level of such expenditures in its 2 fiscal 
        years preceding the date of enactment of the 
        [Transportation Equity Act for the 21st Century.] 
        Highway Safety Grant Program Reauthorization Act of 
        2005.
          [(3) Maximum period of eligibility.--No State may 
        receive grants under this section in more than 8 fiscal 
        years beginning after September 30, 1997.]
          [(4)] (3) Federal share.--The Federal share of the 
        cost of implementing and enforcing in a fiscal year a 
        program adopted by a State pursuant to paragraph (1) 
        shall not exceed-- (A) in each of the first and second 
        fiscal years in which the State receives a grant under 
        this section, 75 percent; (B) in each of the third and 
        fourth fiscal years in which the State receives a grant 
        under this section, 50 percent; and (C) in each of the 
        fifth, sixth,[,] seventh, and eighth fiscal years in 
        which the State receives a grant under this section, 25 
        percent.
  [(b) Basic grant eligibility.--
          [(1) Basic grant A.--A State shall become eligible 
        for a grant under this paragraph by adopting or 
        demonstrating to the satisfaction of the Secretary at 
        least 5 of the following:
                  [(A) Administrative license revocation. An 
                administrative driver's license suspension or 
                revocation system for individuals who operate 
                motor vehicles while under the influence of 
                alcohol that requires that--
                          [(i) in the case of an individual 
                        who, in any 5-year period beginning 
                        after the date of enactment of the 
                        Transportation Equity Act for the 21st 
                        Century, is determined on the basis of 
                        a chemical test to have been operating 
                        a motor vehicle while under the 
                        influence of alcohol or is determined 
                        to have refused to submit to such a 
                        test as proposed by a law enforcement 
                        officer, the State agency responsible 
                        for administering drivers' licenses, 
                        upon receipt of the report of the law 
                        enforcement officer--
                                  [(I) shall suspend the 
                                driver's license of such 
                                individual for a period of not 
                                less than 90 days if such 
                                individual is a first offender 
                                in such 5-year period; and
                                  [(II) shall suspend the 
                                driver's license of such 
                                individual for a period of not 
                                less than 1 year, or revoke 
                                such license, if such 
                                individual is a repeat offender 
                                in such 5-year period; and
                          [(ii) the suspension and revocation 
                        referred to under clause (i) shall take 
                        effect not later than 30 days after the 
                        day on which the individual refused to 
                        submit to a chemical test or received 
                        notice of having been determined to be 
                        driving under the influence of alcohol, 
                        in accordance with the procedures of 
                        the State.
                  [(B) Underage drinking program.--An effective 
                system, as determined by the Secretary, for 
                preventing operators of motor vehicles under 
                age 21 from obtaining alcoholic beverages and 
                for preventing persons from making alcoholic 
                beverages available to individuals under age 
                21. Such system may include the issuance of 
                drivers' licenses to individuals under age 21 
                that are easily distinguishable in appearance 
                from drivers' licenses issued to individuals 
                age 21 or older and the issuance of drivers' 
                licenses that are tamper resistant.
                  [(C) Enforcement program.--Either--
                          [(i) a statewide program for stopping 
                        motor vehicles on a nondiscriminatory, 
                        lawful basis for the purpose of 
                        determining whether the operators of 
                        such motor vehicles are driving while 
                        under the influence of alcohol; or
                          [(ii) a statewide special traffic 
                        enforcement program for impaired 
                        driving that emphasizes publicity for 
                        the program.
                  [(D) Graduated licensing system.--A 3-stage 
                graduated licensing system for young drivers 
                that includes nighttime driving restrictions 
                during the first 2 stages, requires all vehicle 
                occupants to be properly restrained, and makes 
                it unlawful for a person under age 21 to 
                operate a motor vehicle with a blood alcohol 
                concentration of .02 percent or greater.
                  [(E) Drivers with high BAC.--Programs to 
                target individuals with high blood alcohol 
                concentrations who operate a motor vehicle. 
                Such programs may include implementation of a 
                system of graduated penalties and assessment of 
                individuals convicted of driving under the 
                influence of alcohol.
                  [(F) Young adult drinking programs.--Programs 
                to reduce driving while under the influence of 
                alcohol by individuals age 21 through 34. Such 
                programs may include awareness campaigns; 
                traffic safety partnerships with employers, 
                colleges, and the hospitality industry; 
                assessments of first-time offenders; and 
                incorporation of treatment into judicial 
                sentencing.
                  [(G) Testing for BAC.--An effective system 
                for increasing the rate of testing of the blood 
                alcohol concentrations of motor vehicle drivers 
                involved in fatal accidents and, in fiscal year 
                2001 and each fiscal year thereafter, a rate of 
                such testing that is equal to or greater than 
                the national average.
          [(2) Basic grant B.--A State shall become eligible 
        for a grant under this paragraph by adopting or 
        demonstrating to the satisfaction of the Secretary each 
        of the following:
                  [(A) Fatal impaired driver percentage 
                reduction.--The percentage of fatally injured 
                drivers with 0.10 percent or greater blood 
                alcohol concentration in the State has 
                decreased in each of the 3 most recent calendar 
                years for which statistics for determining such 
                percentages are available.
                  [(B) Fatal impaired driver percentage 
                comparison. The percentage of fatally injured 
                drivers with 0.10 percent or greater blood 
                alcohol concentration in the State has been 
                lower than the average percentage for all 
                States in each of the calendar years referred 
                to in subparagraph (A).
          [(3) Basic grant amount.--The amount of a basic grant 
        made to a State for a fiscal year under this subsection 
        shall equal up to 25 percent of the amount apportioned 
        to the State for fiscal year 1997 under section 402.
  [(c) Supplemental grants.--
          [(1) In general.--Upon receiving an application from 
        a State, the Secretary may make supplemental grants to 
        the State for meeting 1 or more of the following 
        criteria:
                  [(A) Video equipment for detection of drunk 
                drivers.--The State provides for a program to 
                acquire video equipment to be used in detecting 
                persons who operate motor vehicles while under 
                the influence of alcohol and in prosecuting 
                those persons, and to train personnel in the 
                use of that equipment.
                  [(B) Self-sustaining drunk driving prevention 
                program.--The State provides for a self-
                sustaining drunk driving prevention program 
                under which a significant portion of the fines 
                or surcharges collected from individuals 
                apprehended and fined for operating a motor 
                vehicle while under the influence of alcohol 
                are returned to those communities which have 
                comprehensive programs for the prevention of 
                such operations of motor vehicles.
                  [(C) Reducing driving with a suspended 
                license.--The State enacts and enforces a law 
                to reduce driving with a suspended license. 
                Such law, as determined by the Secretary, may 
                require a ``zebra'' stripe that is clearly 
                visible on the license plate of any motor 
                vehicle owned and operated by a driver with a 
                suspended license.
                  [(D) Use of passive alcohol sensors.--The 
                State provides for a program to acquire passive 
                alcohol sensors to be used by police officers 
                in detecting persons who operate motor vehicles 
                while under the influence of alcohol, and to 
                train police officers in the use of that 
                equipment.
                  [(E) Effective DWI tracking system.--The 
                State demonstrates an effective driving while 
                intoxicated (DWI) tracking system. Such a 
                system, as determined by the Secretary, may 
                include data covering arrests, case 
                prosecutions, court dispositions and sanctions, 
                and provide for the linkage of such data and 
                traffic records systems to appropriate 
                jurisdictions and offices within the State.
                  [(F) Other programs.--The State provides for 
                other innovative programs to reduce traffic 
                safety problems resulting from individuals 
                driving while under the influence of alcohol or 
                controlled substances, including programs that 
                seek to achieve such a reduction through legal, 
                judicial, enforcement, educational, 
                technological, or other approaches.
          [(2) Eligibility.--A State shall be eligible to 
        receive a grant under this subsection in a fiscal year 
        only if the State is eligible to receive a grant under 
        subsection (b) in such fiscal year.
          [(3) Funding.--Of the amounts made available to carry 
        out this section in a fiscal year, not to exceed 10 
        percent shall be available for making grants under this 
        subsection.
  [(d) Administrative expenses.--Funds authorized to be 
appropriated to carry out this section in a fiscal year shall 
be subject to a deduction not to exceed 5 percent for the 
necessary costs of administering the provisions of this 
section.
  [(e) Applicability of Chapter 1.--The provisions contained in 
section 402(d) shall apply to this section.
  [(f) Definitions.--In this section, the following definitions 
apply:
          [(1) Alcoholic beverage.--The term ``alcoholic 
        beverage'' has the meaning given such term in section 
        158(c).
          [(2) Controlled substances.--The term ``controlled 
        substances'' has the meaning given such term in section 
        102(6) of the Controlled Substances Act (21 U.S.C. 
        802(6)).
          [(3) Motor vehicle.--The term ``motor vehicle'' has 
        the meaning given such term in section 405.]
  (b) Program-Related Eligibility Requirements.--To be eligible 
for a grant under this section, a State shall--
          (1) for fiscal year 2006 or 2007, carry out 4 of the 
        programs required under subsection (c);
          (2) for fiscal year 2008 or 2009, carry out 5 of the 
        programs required under subsection (c); and
          (3) for any such fiscal year--
                  (A) comply with the additional requirements 
                set forth in subsection (d) with respect to 
                such programs and activities; and
                  (B) comply with any additional requirements 
                of the Secretary.
  (c) State Programs and Activities.--To qualify for a grant 
under this subsection, a State shall select programs from among 
the following:
          (1) Check-point, saturation patrol program.--
                  (A) A State program to conduct a series of 
                high-visibility, Statewide law enforcement 
                campaigns in which law enforcement personnel 
                monitor for impaired driving, either through 
                use of sobriety check-points or saturation 
                patrols, on a nondiscriminatory, lawful basis 
                for the purpose of determining whether the 
                operators of the motor vehicles are driving 
                while under the influence of alcohol or 
                controlled substances that meets the 
                requirements of subparagraphs (B) and (C).
                  (B) A program meets the requirements of this 
                subparagraph only if a State organizes the 
                campaigns in cooperation with related periodic 
                national campaigns organized by the National 
                Highway Traffic Safety Administration, but this 
                subparagraph does not preclude a State from 
                initiating sustained high-visibility, Statewide 
                law enforcement campaigns independently of the 
                cooperative efforts.
                  (C) A program meets the requirements of this 
                subparagraph only if, for each fiscal year, a 
                State demonstrates to the Secretary that the 
                State and the political subdivisions of the 
                State that receive funds under this section 
                have increased, in the aggregate, the total 
                number of impaired driving law enforcement 
                activities at high incident locations, as 
                described in subparagraph (A) (or any other 
                similar activity approved by the Secretary), 
                initiated in such State during the preceding 
                fiscal year by a factor that the Secretary 
                determines meaningful for the State over the 
                number of such activities initiated in such 
                State during the preceding fiscal year, which 
                shall not be less than 5 percent.
          (2) Prosecution and adjudication program.--A State 
        prosecution and adjudication program under which--
                  (A) judges and prosecutors are actively 
                encouraged to prosecute and adjudicate cases of 
                defendants who repeatedly commit impaired 
                driving offenses by reducing the use of State 
                diversion programs, or other means that have 
                the effect of avoiding or expunging a permanent 
                record of impaired driving in such cases;
                  (B) the courts in a majority of the judicial 
                jurisdictions of the State are monitored on the 
                courts' adjudication of cases of impaired 
                driving offenses; or
                  (C) annual Statewide outreach is provided for 
                judges and prosecutors on innovative approaches 
                to the prosecution and adjudication of cases of 
                impaired driving offenses that have the 
                potential for significantly improving the 
                prosecution and adjudication of such cases.
          (3) Impaired operator information system.--
                  (A) A State impaired operator information 
                system that--
                          (i) tracks drivers who are arrested 
                        or convicted for violation of laws 
                        prohibiting impaired operation of motor 
                        vehicles;
                          (ii) includes information about each 
                        case of an impaired driver beginning at 
                        the time of arrest through case 
                        disposition, including information 
                        about any trial, plea, plea agreement, 
                        conviction or other disposition, 
                        sentencing or other imposition of 
                        sanctions, and substance abuse 
                        treatment;
                          (iii) provides--
                                  (I) accessibility to the 
                                information for law enforcement 
                                personnel Statewide and for 
                                United States law enforcement 
                                personnel; and
                                  (II) linkage for the sharing 
                                of the information and of the 
                                information in State traffic 
                                record systems among 
                                jurisdictions and appropriate 
                                agencies, court systems and 
                                offices of the States;
                          (iv) shares information with the 
                        National Highway Traffic Safety 
                        Administration for compilation and use 
                        for the tracking of impaired operators 
                        of motor vehicles who move from State 
                        to State; and
                          (v) meets the requirements of 
                        subparagraphs (B), (C), and (D) of this 
                        paragraph, as applicable.
                  (B) A program meets the requirements of this 
                subparagraph only if, during fiscal years 2006 
                and 2007, a State--
                          (i) assesses the system used by the 
                        State for tracking drivers who are 
                        arrested or convicted for violation of 
                        laws prohibiting impaired operation of 
                        motor vehicles;
                          (ii) identifies ways to improve the 
                        system, as well as to enhance the 
                        capability of the system to provide 
                        information in coordination with 
                        impaired operator information systems 
                        of other States; and
                          (iii) develops a strategic plan that 
                        sets forth the actions to be taken and 
                        the resources necessary to achieve the 
                        identified improvements and to enhance 
                        the capability for coordination with 
                        the systems of other States.
                  (C) A program meets the requirements of this 
                subparagraph only if, in each of fiscal years 
                2008 and 2009, a State demonstrates to the 
                Secretary that the State has made substantial 
                and meaningful progress in improving the 
                State's impaired operator information system, 
                and makes public a report on the progress of 
                the information system.
          (4) Impaired driving performance.--The percentage of 
        fatally-injured drivers with 0.08 percent or greater 
        blood alcohol concentration in the State has decreased 
        in each of the 2 most recent calendar years for which 
        data are available.
          (5) Self-sustaining impaired driving prevention 
        program.--A program under which a significant portion 
        of the fines or surcharges collected from individuals 
        who are fined for operating a motor vehicle while under 
        the influence of alcohol are returned to communities 
        for comprehensive programs for the prevention of 
        impaired driving.
          (6) Programs for drivers with high bac.--A program or 
        law that establishes a system of graduated sanctions 
        for individuals convicted of operating a motor vehicle 
        while under the influence of alcohol, under which 
        enhanced or additional sanctions apply to such 
        individuals determined to have a blood alcohol 
        concentration of 0.15 percent or higher.
          (7) Impaired driving courts.--
                  (A) In general.--A program to consolidate and 
                coordinate impaired driving cases into courts 
                that specialize in impaired driving cases, with 
                the emphasis on tracking and processing 
                offenders of impaired driving laws, 
                (hereinafter referred to as DWI courts) that 
                meets the requirements of this paragraph.
                  (B) Characteristics.--A DWI Court is a 
                distinct function performed by a court system 
                for the purpose of changing the behavior of 
                alcohol or drug dependent offenders arrested 
                for driving while impaired. A DWI Court can be 
                a dedicated court with dedicated personnel, 
                including judges, prosecutors and probation 
                officers. A DWI court may be an existing court 
                system that serves the following essential DWI 
                Court functions:
                          (i) A DWI Court performs an 
                        assessment of high-risk offenders 
                        utilizing a team headed by the judge 
                        and including all criminal justice 
                        stakeholders (prosecutors, defense 
                        attorneys, probations officers, law 
                        enforcement personnel and others) along 
                        with alcohol/drug treatment 
                        professionals.
                          (ii) The DWI Court team recommends a 
                        specific plea agreement or contract for 
                        each offender that can include 
                        incarceration, treatment, and close 
                        community supervision. The agreement 
                        maximizes the probability of 
                        rehabilitation and minimizes the 
                        likelihood of recidivism.
                          (iii) Compliance with the agreement 
                        is verified with thorough monitoring 
                        and frequent alcohol testing. Periodic 
                        status hearings assess offender 
                        progress and allow an opportunity for 
                        modifying the sentence if necessary.
                  (C) Assessment.--In the first year of 
                operation, the States shall assess the number 
                of court systems in its jurisdiction that are 
                consistently performing the DWI Court 
                functions.
                  (D) Plan.--In the second year of operation, 
                the State shall develop a strategic plan for 
                increasing the number of courts performing the 
                DWI function.
                  (E) Progress.--In subsequent years of 
                operation, the State shall demonstrate progress 
                in increasing the number of DWI Courts and in 
                increasing the number of high-risk offenders 
                participating in and successfully completing 
                DWI Court agreements.
  (d) Uses of Grants.--Grants made under this section may be 
used for programs and activities described in subsection (c) 
and to defray the following costs:
          (1) Labor costs, management costs, and equipment 
        procurement costs for the high-visibility, Statewide 
        law enforcement campaigns under subsection (c)(1).
          (2) The costs of the training of law enforcement 
        personnel and the procurement of technology and 
        equipment, such as and including video equipment and 
        passive alcohol sensors, to counter directly impaired 
        operation of motor vehicles.
          (3) The costs of public awareness, advertising, and 
        educational campaigns that publicize use of sobriety 
        check points or increased law enforcement efforts to 
        counter impaired operation of motor vehicles.
          (4) The costs of public awareness, advertising, and 
        educational campaigns that target impaired operation of 
        motor vehicles by persons under 34 years of age.
          (5) The costs of the development and implementation 
        of a State impaired operator information system 
        described in subsection (c)(3).
          (6) The costs of operating programs that impound the 
        vehicle of an individual arrested as an impaired 
        operator of a motor vehicle for not less than 12 hours 
        after the operator is arrested.
  (e) Additional Authorities for Certain Authorized Uses.--
          (1) Combination of grant proceeds.--Grant funds used 
        for a campaign under subsection (d)(3) may be combined, 
        or expended in coordination, with proceeds of grants 
        under section 402 of this title.
          (2) Coordination of uses.--Grant funds used for a 
        campaign under paragraph (3) or (4) of subsection (d) 
        may be expended--
                  (A) in coordination with employers, schools, 
                entities in the hospitality industry, and 
                nonprofit traffic safety groups; and
                  (B) in coordination with sporting events and 
                concerts and other entertainment events.
  (f) Funding.--
          (1) In general.--Grant funding under this section 
        shall be allocated among States that meet the 
        eligibility criteria in subsection (b) on the basis of 
        the apportionment formula that applies for 
        apportionments under section 402(c) of this title.
          (2) High fatality-rate states.--A State that is among 
        the 10 States with the highest impaired driving-related 
        fatality rates for the calendar year immediately 
        preceding the fiscal year in which the grant may be 
        made shall be eligible for a grant under this section 
        if the State meets the requirements of subsection (g). 
        A State that receives a grant based upon its 
        eligibility under this paragraph may also receive a 
        grant under subsection (b) if it meets the eligibility 
        requirements of that subsection.
  (g) Use of Funds by High Fatality-Rate States.--
          (1) Required uses.--At least \1/2\ of the amounts 
        allocated to States under subsection (f)(2) shall be 
        used for the program described in subsection (c)(1).
          (2) Requirement for plan.--A State receiving an 
        allocation of grant funds under subsection (f)(2) shall 
        expend those funds only after receiving approval from 
        the Administrator of the National Highway Traffic 
        Safety Administration for a plan regarding such 
        expenditures.
  (h) Definitions.--In this section:
          (1) Impaired operator.--The term `impaired operator' 
        means a person who, while operating a motor vehicle--
                  (A) has a blood alcohol content of 0.08 
                percent or higher; or
                  (B) is under the influence of a controlled 
                substance.
          (2) Impaired driving-related fatality rate.--The term 
        `impaired driving-related fatality rate' means the rate 
        of alcohol-related fatalities, as calculated in 
        accordance with regulations which the Administrator of 
        the National Highway Traffic Safety Administration 
        shall prescribe.

           *       *       *       *       *       *       *


Sec. 412. State traffic safety information system improvements

  (a) Grant Authority.--Subject to the requirements of this 
section, the Secretary shall make grants of financial 
assistance to eligible States to support the development and 
implementation of effective programs by such States to--
          (1) improve the timeliness, accuracy, completeness, 
        uniformity, integration, and accessibility of the 
        safety data of the State that is needed to identify 
        priorities for national, State, and local highway and 
        traffic safety programs;
          (2) evaluate the effectiveness of efforts to make 
        such improvements;
          (3) link the State data systems, including traffic 
        records, with other data systems within the State, such 
        as systems that contain medical, roadway, and economic 
        data; and
          (4) improve the compatibility and interoperability of 
        the data systems of the State with national data 
        systems and data systems of other States and enhance 
        the ability of the Secretary to observe and analyze 
        national trends in crash occurrences, rates, outcomes, 
        and circumstances.
  (b) First-Year Grants.--
          (1) Eligibility.--To be eligible for a first-year 
        grant under this section in a fiscal year, a State 
        shall demonstrate to the satisfaction of the Secretary 
        that the State has--
                  (A) established a highway safety data and 
                traffic records coordinating committee with a 
                multidisciplinary membership that includes, 
                among others, managers, collectors, and users 
                of traffic records and public health and injury 
                control data systems; and
                  (B) developed a multiyear highway safety data 
                and traffic records system strategic plan that 
                addresses existing deficiencies in the State's 
                highway safety data and traffic records system, 
                is approved by the highway safety data and 
                traffic records coordinating committee, and--
                          (i) specifies how existing 
                        deficiencies in the State's highway 
                        safety data and traffic records system 
                        were identified;
                          (ii) prioritizes, on the basis of the 
                        identified highway safety data and 
                        traffic records system deficiencies, 
                        the highway safety data and traffic 
                        records system needs and goals of the 
                        State, including the activities under 
                        subsection (a);
                          (iii) identifies performance-based 
                        measures by which progress toward those 
                        goals will be determined; and
                          (iv) specifies how the grant funds 
                        and any other funds of the State are to 
                        be used to address needs and goals 
                        identified in the multiyear plan.
          (2) Grant amount.--Subject to subsection (d)(3), the 
        amount of a first-year grant to a State for a fiscal 
        year shall be the higher of--
                  (A) the amount determined by multiplying--
                          (i) the amount appropriated to carry 
                        out this section for such fiscal year, 
                        by
                          (ii) the ratio that the funds 
                        apportioned to the State under section 
                        402 of this title for fiscal year 2003 
                        bears to the funds apportioned to all 
                        States under such section for fiscal 
                        year 2003; or
                  (B) $300,000.
  (c) Successive Year Grants.--
          (1) Eligibility.--A State shall be eligible for a 
        grant under this subsection in a fiscal year succeeding 
        the first fiscal year in which the State receives a 
        grant under subsection (b) if the State, to the 
        satisfaction of the Secretary--
                  (A) submits an updated multiyear plan that 
                meets the requirements of subsection (b)(1)(B);
                  (B) certifies that its highway safety data 
                and traffic records coordinating committee 
                continues to operate and supports the multiyear 
                plan;
                  (C) specifies how the grant funds and any 
                other funds of the State are to be used to 
                address needs and goals identified in the 
                multiyear plan;
                  (D) demonstrates measurable progress toward 
                achieving the goals and objectives identified 
                in the multiyear plan; and
                  (E) includes a current report on the progress 
                in implementing the multiyear plan.
          (2) Grant amount.--Subject to subsection (d)(3), the 
        amount of a year grant made to a State for a fiscal 
        year under this subsection shall equal the higher of--
                  (A) the amount determined by multiplying--
                          (i) the amount appropriated to carry 
                        out this section for such fiscal year, 
                        by
                          (ii) the ratio that the funds 
                        apportioned to the State under section 
                        402 of this title for fiscal year 2003 
                        bears to the funds apportioned to all 
                        States under such section for fiscal 
                        year 2003; or
                  (B) $500,000.
  (d) Additional Requirements and Limitations.--
          (1) Model data elements.--The Secretary, in 
        consultation with States and other appropriate parties, 
        shall determine the model data elements that are useful 
        for the observation and analysis of State and national 
        trends in occurrences, rates, outcomes, and 
        circumstances of motor vehicle traffic accidents. In 
        order to be eligible for a grant under this section, a 
        State shall submit to the Secretary a certification 
        that the State has adopted and uses such model data 
        elements, or a certification that the State will use 
        grant funds provided under this section toward adopting 
        and using the maximum number of such model data 
        elements as soon as practicable.
          (2) Data on use of electronic devices.--The model 
        data elements required under paragraph (1) shall 
        include data elements, as determined appropriate by the 
        Secretary in consultation with the States and with 
        appropriate elements of the law enforcement community, 
        on the impact on traffic safety of the use of 
        electronic devices while driving.
          (3) Maintenance of effort.--No grant may be made to a 
        State under this section in any fiscal year unless the 
        State enters into such agreements with the Secretary as 
        the Secretary may require to ensure that the State will 
        maintain its aggregate expenditures from all other 
        sources for highway safety data programs at or above 
        the average level of such expenditures maintained by 
        such State in the 2 fiscal years preceding the date of 
        enactment of the Highway Safety Grant Program 
        Reauthorization Act of 2005.
          (4) Federal share.--The Federal share of the cost of 
        adopting and implementing in a fiscal year a State 
        program described in subsection (a) may not exceed 80 
        percent.
          (5) Limitation on use of grant proceeds.--A State may 
        use the proceeds of a grant received under this section 
        only to implement the program described in subsection 
        (a) for which the grant is made.
  (e) Applicability of Chapter 1.--Section 402(d) of this title 
shall apply in the administration of this section.

Sec. 413. Agency accountability

  (a) Triennial State Management Reviews.--At least once every 
3 years the National Highway Traffic Safety Administration 
shall conduct a review of each State highway safety program. 
The review shall include a management evaluation of all grant 
programs partially or fully funded under this title. The 
Administrator shall provide review-based recommendations on how 
each State may improve the management and oversight of its 
grant activities and may provide a management and oversight 
plan.
  (b) Recommendations Before Submission.--In order to provide 
guidance to State highway safety agencies on matters that 
should be addressed in the State highway safety program goals 
and initiatives as part of its highway safety plan before the 
plan is submitted for review, the Administrator shall provide 
non-binding data-based recommendations to each State at least 
90 days before the date on which the plan is to be submitted 
for approval.
  (c) State Program Review.--The Administrator shall--
          (1) conduct a program improvement review of any State 
        that does not make substantial progress over a 3-year 
        period in meeting its priority program goals; and
          (2) provide technical assistance and safety program 
        recommendations to the State for any goal not achieved.
  (d) Regional Harmonization.--The Administration and the 
Inspector General of the Department of Transportation shall 
undertake a State grant administrative review of the practices 
and procedures of the management reviews and program reviews 
conducted by Administration regional offices and formulate a 
report of best practices to be completed within 180 days after 
the date of enactment of the Highway Safety Grant Program 
Reauthorization Act of 2005.
  (e) Best Practices Guidelines.--
          (1) Uniform guidelines.--The Administrator shall 
        issue uniform management review guidelines and program 
        review guidelines based on the report under subsection 
        (d). Each regional office shall use the guidelines in 
        executing its State administrative review duties.
          (2) Publication.--The Administrator shall make the 
        following documents available via the Internet upon 
        their completion:
                  (A) The Administrator's management review 
                guidelines and the program review guidelines.
                  (B) State highway safety plans.
                  (C) State annual accomplishment reports.
                  (D) The Administrator's State management 
                reviews.
                  (E) The Administration's State program 
                improvement plans.
          (3) Reports to state highway safety agencies.--The 
        Administrator may not make a plan, report, or review 
        available under paragraph (2) that is directed to a 
        State highway safety agency until after it has been 
        submitted to that agency.
  (f) Government Accountability Office Review.--The General 
Accountability Office shall analyze the effectiveness of the 
National Highway Traffic Safety Administration's oversight of 
traffic safety grants by determining the usefulness of the 
Administration's advice to the States regarding grants 
administration and State activities, the extent to which the 
States incorporate the Administration's recommendation into 
their highway safety plans and programs, and improvements that 
result in a State's highway safety program that may be 
attributable to the Administration's recommendations. Based on 
this analysis, the General Accountability Office shall submit a 
report by not later than the end of fiscal year 2008 to the 
House of Representatives Committee on Transportation and 
Infrastructure and the Senate Committee on Commerce, Science, 
and Transportation.

Sec. 414. Motorcyclist safety training and motorist awareness programs

  (a) Definitions.--In this section:
          (1) Motorcyclist safety training.--The term 
        ``motorcyclist safety training'' means any formal 
        program of instruction that--
                  (A) provides accident avoidance and other 
                safety-oriented operational skills to 
                motorcyclists, including innovative training 
                opportunities to meet unique regional needs; 
                and
                  (B) is approved for use in a State by the 
                designated State authority having jurisdiction 
                over motorcyclist safety issues, which may 
                include the State Motorcycle Safety 
                Administrator or a motorcycle advisory council 
                appointed by the Governor of the State.
          (2) Motorist awareness.--The term ``motorist 
        awareness'' means individual or collective motorist 
        awareness of--
                  (A) the presence of motorcycles on or near 
                roadways; and
                  (B) safe driving practices that avoid injury 
                to motorcyclists, bicyclists, and pedestrians.
          (3) Motorist awareness program.--The term ``motorist 
        awareness program'' means any informational or public 
        awareness program designed to enhance motorist 
        awareness that is developed by or in coordination with 
        the designated State authority having jurisdiction over 
        motorcyclist safety issues, which may include the State 
        Motorcycle Safety Administrator or, in the absence of a 
        State Administrator, a motorcycle advisory council 
        appointed by a Governor of the State.
          (4) State.--The term `State' means--
                  (A) a State;
                  (B) the District of Columbia; and
                  (C) the Commonwealth of Puerto Rico.
  (b) Eligibility.--Not later than 90 days after the date of 
enactment of this section and on September 1 of each fiscal 
year thereafter, based on a letter of certification provided by 
the Governor of each State, the Secretary shall develop and 
publish a list of States that, as of the date of publication of 
the list, have established motorcyclist safety training 
programs and motorist awareness programs, including information 
that indicates--
          (1) the level of base funding provided for each such 
        program for the applicable fiscal year; and
          (2) whether the level of base funding provided for 
        each such program for the applicable fiscal year was 
        increased, decreased, or maintained from the level of 
        funding provided for the program for the previous 
        fiscal year.
  (c) Allocation.--Not later than 120 days after the date of 
enactment of this section, on October 1, 2004, and on October 1 
of each fiscal year thereafter, the Secretary shall allocate to 
each State for which the base funding allocated for 
motorcyclist safety training and motorist awareness programs 
was not less than the amount allocated for the previous year, 
not less than $100,000, to be used only for motorcyclist safety 
training and motorist awareness programs, including--
          (1) improvements to motorcyclist safety training 
        curricula;
          (2) improvements in program delivery to both urban 
        and rural areas, including--
                  (A) procurement or repair of practice 
                motorcycles;
                  (B) instructional aides; and
                  (C) mobile training units;
          (3) an increase in the recruitment or retention of 
        motorcyclist safety training instructors certified by a 
        State Motorcycle Safety Administrator or motorcycle 
        advisory council appointed by the Governor; and
          (4) public awareness, public service announcements, 
        and other outreach programs to enhance motorist 
        awareness.
  (d) Contracts With Organizations.--The Secretary may enter 
into an agreement with an organization that is recommended by 
and represents the interests of State Motorcycle Safety 
Administrators to review, determine, and disseminate a 
description of best practices in motorcycle safety training and 
motorist awareness, and to recommend such practices, to State 
administrators, governors, State legislative bodies, and chief 
licensing officers of States.
  (e) Authorization of Appropriations.--From funds available to 
carry out section 406 of this title, $5,200,000 shall be made 
available for each of fiscal years 2006 through 2009 to carry 
out this section.

                      TITLE 28, UNITED STATES CODE

Sec. 2342. Jurisdiction of court of appeals

  The court of appeals (other than the United States Court of 
Appeals for the Federal Circuit) has exclusive jurisdiction to 
enjoin, set aside, suspend (in whole or in part), or to 
determine the validity of--
          (1) all final orders of the Federal Communications 
        Commission made reviewable by section 402(a) of title 
        47;
          (2) all final orders of the Secretary of Agriculture 
        made under chapters 9 and 20A of title 7, except orders 
        issued under sections 210(e), 217a, and 499g(a) of 
        title 7;
          (3) all rules, regulations, or final orders of--
                  (A) the Secretary of Transportation issued 
                pursuant to section 2, 9, 37, or 41 of the 
                Shipping Act, 1916 (46 U.S.C. App. 802, 803, 
                808, 835, 839[, and 841a]) or pursuant to part 
                B or C of [subtitle IV] subtitle IV, subchapter 
                III, or chapter 315 of title 49; and
                  (B) the Federal Maritime Commission issued 
                pursuant to--
                          (i) section 19 of the Merchant Marine 
                        Act, 1920 (46 U.S.C. App. 876);
                          (ii) section 14 or 17 of the Shipping 
                        Act of 1984 (46 U.S.C. App. 1713 or 
                        1716); or
                          (iii) section 2(d) or 3(d) of the Act 
                        of November 6, 1966 (46 U.S.C. App. 
                        817d(d) or 817e(d)[)];
          (4) all final orders of the Atomic Energy Commission 
        made reviewable by section 2239 of title 42;
          (5) all rules, regulations, or final orders of the 
        Surface Transportation Board made reviewable by section 
        2321 of this title;
          (6) all final orders under section 812 of the Fair 
        Housing Act; and
          (7) all final agency actions described in section 
        20114(c) of title 49. Jurisdiction is invoked by filing 
        a petition as provided by section 2344 of this title.

           *       *       *       *       *       *       *


                      TITLE 39, UNITED STATES CODE

Sec. 2003. The Postal Service Fund

  (a) There is established in the Treasury of the United States 
a revolving fund to be called the Postal Service Fund which 
shall be available to the Postal Service without fiscal-year 
limitation to carry out the purposes, functions, and powers 
authorized by this title.
  (b) There shall be deposited in the Fund, subject to 
withdrawal by check by the Postal Service--
          (1) revenues from postal and nonpostal services 
        rendered by the Postal Service;
          (2) amounts received from obligations issued by the 
        Postal Service;
          (3) amounts appropriated for the use of the Postal 
        Service;
          (4) interest which may be earned on investments of 
        the Fund;
          (5) any other receipts of the Postal Service;
          (6) the balance in the Post Office Department Fund 
        established under former section 2202 of title 39 as of 
        the commencement of operations of the Postal Service;
          (7) amounts (including proceeds from the sale of 
        forfeited items) from any civil forfeiture conducted by 
        the Postal Service; [and]
          (8) any transfers from the Secretary of the Treasury 
        from the Department of the Treasury Forfeiture Fund 
        which shall be available to the Postmaster General only 
        for Federal law enforcement related [purposes.] 
        purposes; and
          (9) any amounts collected under section 3018 of this 
        title.
  (c) If the Postal Service determines that the moneys of the 
Fund are in excess of current needs, it may request the 
investment of such amounts as it deems advisable by the 
Secretary of the Treasury in obligations of, or obligations 
guaranteed by, the Government of the United States, and, with 
the approval of the Secretary, in such other obligations or 
securities as it deems appropriate.
  (d) With the approval of the Secretary of the Treasury, the 
Postal Service may deposit moneys of the Fund in any Federal 
Reserve bank, any depository for public funds, or in such other 
places and in such manner as the Postal Service and the 
Secretary may mutually agree.
  (e)(1) The Fund shall be available for the payment of all 
expenses incurred by the Postal Service in carrying out its 
functions as provided by law and, subject to the provisions of 
section 3604 of this title, all of the expenses of the Postal 
Rate Commission. The Postmaster General shall transfer from the 
Fund to the Secretary of the Treasury for deposit in the 
Department of the Treasury Forfeiture Fund amounts appropriate 
to reflect the degree of participation of Department of the 
Treasury law enforcement organizations (described in section 
9703(p) of title 31) in the law enforcement effort resulting in 
the forfeiture pursuant to laws enforced or administered by the 
Postal Service. Neither the Fund nor any of the funds credited 
to it shall be subject to apportionment under the provisions of 
subchapter II of chapter 15 of title 31.
  (2) Funds appropriated to the Postal Service under section 
2401 of this title shall be apportioned as provided in this 
paragraph. From the total amounts appropriated to the Postal 
Service for any fiscal year under the authorizations contained 
in section 2401 of this title, the Secretary of the Treasury 
shall make available to the Postal Service 25 percent of such 
amount at the beginning of each quarter of such fiscal year.
  (f) Notwithstanding any other provision of this section, any 
amounts appropriated to the Postal Service under subsection (d) 
of section 2401 of this title and deposited into the Fund shall 
be expended by the Postal Service only for the purposes 
provided in such subsection.
  (g) Notwithstanding any provision of section 8147 of title 5, 
whenever the Secretary of Labor furnishes a statement to the 
Postal Service indicating an amount due from the Postal Service 
under subsection (b) of that section, the Postal Service shall 
make the deposit required pursuant to that statement (and any 
additional payment under subsection (c) of that section, to the 
extent that it relates to the period covered by such statement) 
not later than 30 days after the date on which such statement 
is so furnished. Any deposit (and any additional payment) which 
is subject to the preceding sentence shall, once made, remain 
available without fiscal year limitation.
  (h) Liabilities of the former Post Office Department to the 
Employees' Compensation Fund (appropriations for which were 
authorized by former section 2004, as in effect before the 
effective date of this subsection) shall be liabilities of the 
Postal Service payable out of the Fund.

           *       *       *       *       *       *       *


Sec. 3001. Nonmailable matter

  (a) Matter the deposit of which in the mails is punishable 
under section 1302, 1341, 1342, 1461, 1463, 1715, 1716, 1717, 
or 1738 of title 18, or section 26 of the Animal Welfare Act is 
nonmailable.
  (b) Except as provided in subsection (c) of this section, 
nonmailable matter which reaches the office of delivery, or 
which may be seized or detained for violation of law, shall be 
disposed of as the Postal Service shall direct.
  (c)(1) Matter which--
          (A) exceeds the size and weight limits prescribed for 
        the particular class of mail; or
          (B) is of a character perishable within the period 
        required for transportation and delivery;
is nonmailable.
  (2) Matter made nonmailable by this subsection which reaches 
the office of destination may be delivered in accordance with 
its address, if the party addressed furnishes the name and 
address of the sender.
  (d) Matter otherwise legally acceptable in the mails which--
          (1) is in the form of, and reasonably could be 
        interpreted or construed as, a bill, invoice, or 
        statement of account due; but
          (2) constitutes, in fact, a solicitation for the 
        order by the addressee of goods or services, or both;
is nonmailable matter, shall not be carried or delivered by 
mail, and shall be disposed of as the Postal Service directs, 
unless such matter bears on its face, in conspicuous and 
legible type in contrast by typography, layout, or color with 
other printing on its face, in accordance with regulations 
which the Postal Service shall prescribe--
                  (A) the following notice: ``This is a 
                solicitation for the order of goods or 
                services, or both, and not a bill, invoice, or 
                statement of account due. You are under no 
                obligation to make any payments on account of 
                this offer unless you accept this offer.''; or
                  (B) in lieu thereof, a notice to the same 
                effect in words which the Postal Service may 
                prescribe.
  (e)(1) Any matter which is unsolicited by the addressee and 
which is designed, adapted, or intended for preventing 
conception (except unsolicited samples thereof mailed to a 
manufacturer thereof, a dealer therein, a licensed physician or 
surgeon, or a nurse, pharmacist, druggist, hospital, or clinic) 
is nonmailable matter, shall not be carried or delivered by 
mail, and shall be disposed of as the Postal Service directs.
  (2) Any unsolicited advertisement of matter which is 
designed, adapted, or intended for preventing conception is 
nonmailable matter, shall not be carried or delivered by mail, 
and shall be disposed of as the Postal Service directs unless 
the advertisement--
          (A) is mailed to a manufacturer of such matter, a 
        dealer therein, a licensed physician or surgeon, or a 
        nurse, pharmacist, druggist, hospital, or clinic; or
          (B) accompanies in the same parcel any unsolicited 
        sample excepted by paragraph (1) of this subsection. An 
        advertisement shall not be deemed to be unsolicited for 
        the purposes of this paragraph if it is contained in a 
        publication for which the addressee has paid or 
        promised to pay a consideration or which he has 
        otherwise indicated he desires to receive.
  (f) Any matter which is unsolicited by the addressee, which 
contains a ``household substance'' (as defined by section 2 of 
the Poison Prevention Packaging Act of 1970), and which does 
not comply with the requirements for special child-resistant 
packaging established for that substance by the Consumer 
Product Safety Commission, is nonmailable matter, shall not be 
carried or delivered by mail, and shall be disposed of as the 
Postal Service directs.
  (g)(1) Matter otherwise legally acceptable in the mails which 
contains or includes a fragrance advertising sample is 
nonmailable matter, shall not be carried or delivered by mail, 
and shall be disposed of as the Postal Service directs, unless 
the sample is sealed, wrapped, treated, or otherwise prepared 
in a manner reasonably designed to prevent individuals from 
being unknowingly or involuntarily exposed to the sample.
  (2) The Postal Service shall by regulation establish the 
standards or requirements which a fragrance advertising sample 
must satisfy in order for the mail matter involved not to be 
considered nonmailable under this subsection.
  (h) Matter otherwise legally acceptable in the mails which 
constitutes a solicitation by a nongovernmental entity for the 
purchase of or payment for a product or service; and which 
reasonably could be interpreted or construed as implying any 
Federal Government connection, approval, or endorsement through 
the use of a seal, insignia, reference to the Postmaster 
General, citation to a Federal statute, name of a Federal 
agency, department, commission, or program, trade or brand 
name, or any other term or symbol; or contains any reference to 
the Postmaster General or a citation to a Federal statute that 
misrepresents either the identity of the mailer or the 
protection or status afforded such matter by the Federal 
Government is nonmailable matter and shall not be carried or 
delivered by mail, and shall be disposed of as the Postal 
Service directs, unless--
          (1) such nongovernmental entity has such expressed 
        connection, approval or endorsement;
          (2)(A) such matter bears on its face, in conspicuous 
        and legible type in contrast by typography, layout, or 
        color with other printing on its face, in accordance 
        with regulations which the Postal Service shall 
        prescribe, the following notice: ``THIS PRODUCT OR 
        SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY THE 
        FEDERAL GOVERNMENT, AND THIS OFFER IS NOT BEING MADE BY 
        AN AGENCY OF THE FEDERAL GOVERNMENT.'', or a notice to 
        the same effect in words which the Postal Service may 
        prescribe;
          (B) the envelope or outside cover or wrapper in which 
        such matter is mailed bears on its face in capital 
        letters and in conspicuous and legible type, in 
        accordance with regulations which the Postal Service 
        shall prescribe, the following notice: ``THIS IS NOT A 
        GOVERNMENT DOCUMENT.'', or a notice to the same effect 
        in words which the Postal Service may prescribe; and
          (C) such matter does not contain a false 
        representation stating or implying that Federal 
        Government benefits or services will be affected by any 
        purchase or nonpurchase; or
          (3) such matter is contained in a publication for 
        which the addressee has paid or promised to pay a 
        consideration or which he has otherwise indicated he 
        desires to receive, except that this paragraph shall 
        not apply if the solicitation is on behalf of the 
        publisher of the publication.
  (i) Matter otherwise legally acceptable in the mails which 
constitutes a solicitation by a nongovernmental entity for 
information or the contribution of funds or membership fees and 
which reasonably could be interpreted or construed as implying 
any Federal Government connection, approval, or endorsement 
through the use of a seal, insignia, reference to the 
Postmaster General, citation to a Federal statute, name of a 
Federal agency, department, commission, or program, trade or 
brand name, or any other term or symbol; or contains any 
reference to the Postmaster General or a citation to a Federal 
statute that misrepresents either the identity of the mailer or 
the protection or status afforded such matter by the Federal 
Government is nonmailable matter and shall not be carried or 
delivered by mail, and shall be disposed of as the Postal 
Service directs, unless--
          (1) such nongovernmental entity has such expressed 
        connection, approval or endorsement;
          (2)(A) such matter bears on its face, in conspicuous 
        and legible type in contrast by typography, layout, or 
        color with other printing on its face, in accordance 
        with regulations which the Postal Service shall 
        prescribe, the following notice: ``THIS ORGANIZATION 
        HAS NOT BEEN APPROVED OR ENDORSED BY THE FEDERAL 
        GOVERNMENT, AND THIS OFFER IS NOT BEING MADE BY AN 
        AGENCY OF THE FEDERAL GOVERNMENT.'', or a notice to the 
        same effect in words which the Postal Service may 
        prescribe;
          (B) the envelope or outside cover or wrapper in which 
        such matter is mailed bears on its face in capital 
        letters and in conspicuous and legible type, in 
        accordance with regulations which the Postal Service 
        shall prescribe, the following notice: ``THIS IS NOT A 
        GOVERNMENT DOCUMENT.'', or a notice to the same effect 
        in words which the Postal Service may prescribe; and
          (C) such matter does not contain a false 
        representation stating or implying that Federal 
        Government benefits or services will be affected by any 
        contribution or noncontribution; or
          (3) such matter is contained in a publication for 
        which the addressee has paid or promised to pay a 
        consideration or which he has otherwise indicated he 
        desires to receive, except that this paragraph shall 
        not apply if the solicitation is on behalf of the 
        publisher of the publication.
  (j)(1) Any matter otherwise legally acceptable in the mails 
which is described in paragraph (2) is nonmailable matter, 
shall not be carried or delivered by mail, and shall be 
disposed of as the Postal Service directs.
  (2) Matter described in this paragraph is any matter that--
          (A) constitutes a solicitation for the purchase of or 
        payment for any product or service that--
                  (i) is provided by the Federal Government; 
                and
                  (ii) may be obtained without cost from the 
                Federal Government; and
          (B) does not contain a clear and conspicuous 
        statement giving notice of the information set forth in 
        clauses (i) and (ii) of subparagraph (A).
  (k)(1) In this subsection--
          (A) the term ``clearly and conspicuously displayed'' 
        means presented in a manner that is readily noticeable, 
        readable, and understandable to the group to whom the 
        applicable matter is disseminated;
          (B) the term ``facsimile check'' means any matter 
        that--
                  (i) is designed to resemble a check or other 
                negotiable instrument; but
                  (ii) is not negotiable;
          (C) the term ``skill contest'' means a puzzle, game, 
        competition, or other contest in which--
                  (i) a prize is awarded or offered;
                  (ii) the outcome depends predominately on the 
                skill of the contestant; and
                  (iii) a purchase, payment, or donation is 
                required or implied to be required to enter the 
                contest; and
          (D) the term ``sweepstakes'' means a game of chance 
        for which no consideration is required to enter.
  (2) Except as provided in paragraph (4), any matter otherwise 
legally acceptable in the mails which is described in paragraph 
(3) is nonmailable matter, shall not be carried or delivered by 
mail, and shall be disposed of as the Postal Service directs.
  (3) Matter described in this paragraph is any matter that--
          (A)(i) includes entry materials for a sweepstakes or 
        a promotion that purports to be a sweepstakes; and
          (ii)(I) does not contain a statement that discloses 
        in the mailing, in the rules, and on the order or entry 
        form, that no purchase is necessary to enter such 
        sweepstakes;
          (II) does not contain a statement that discloses in 
        the mailing, in the rules, and on the order or entry 
        form, that a purchase will not improve an individual's 
        chances of winning with such entry;
          (III) does not state all terms and conditions of the 
        sweepstakes promotion, including the rules and entry 
        procedures for the sweepstakes;
          (IV) does not disclose the sponsor or mailer of such 
        matter and the principal place of business or an 
        address at which the sponsor or mailer may be 
        contacted;
          (V) does not contain sweepstakes rules that state--
                  (aa) the estimated odds of winning each 
                prize;
                  (bb) the quantity, estimated retail value, 
                and nature of each prize; and
                  (cc) the schedule of any payments made over 
                time;
          (VI) represents that individuals not purchasing 
        products or services may be disqualified from receiving 
        future sweepstakes mailings;
          (VII) requires that a sweepstakes entry be 
        accompanied by an order or payment for a product or 
        service previously ordered;
          (VIII) represents that an individual is a winner of a 
        prize unless that individual has won such prize; or
          (IX) contains a representation that contradicts, or 
        is inconsistent with sweepstakes rules or any other 
        disclosure required to be made under this subsection, 
        including any statement qualifying, limiting, or 
        explaining the rules or disclosures in a manner 
        inconsistent with such rules or disclosures;
          (B)(i) includes entry materials for a skill contest 
        or a promotion that purports to be a skill contest; and
          (ii)(I) does not state all terms and conditions of 
        the skill contest, including the rules and entry 
        procedures for the skill contest;
          (II) does not disclose the sponsor or mailer of the 
        skill contest and the principal place of business or an 
        address at which the sponsor or mailer may be 
        contacted; or
          (III) does not contain skill contest rules that 
        state, as applicable--
                  (aa) the number of rounds or levels of the 
                contest and the cost to enter each round or 
                level;
                  (bb) that subsequent rounds or levels will be 
                more difficult to solve;
                  (cc) the maximum cost to enter all rounds or 
                levels;
                  (dd) the estimated number or percentage of 
                entrants who may correctly solve the skill 
                contest or the approximate number or percentage 
                of entrants correctly solving the past 3 skill 
                contests conducted by the sponsor;
                  (ee) the identity or description of the 
                qualifications of the judges if the contest is 
                judged by other than the sponsor;
                  (ff) the method used in judging;
                  (gg) the date by which the winner or winners 
                will be determined and the date or process by 
                which prizes will be awarded;
                  (hh) the quantity, estimated retail value, 
                and nature of each prize; and
                  (ii) the schedule of any payments made over 
                time; or (C) includes any facsimile check that 
                does not contain a statement on the check 
                itself that such check is not a negotiable 
                instrument and has no cash value.
  (4) Matter that appears in a magazine, newspaper, or other 
periodical shall be exempt from paragraph (2) if such matter--
          (A) is not directed to a named individual; or
          (B) does not include an opportunity to make a payment 
        or order a product or service.
  (5) Any statement, notice, or disclaimer required under 
paragraph (3) shall be clearly and conspicuously displayed. Any 
statement, notice, or disclaimer required under subclause (I) 
or (II) of paragraph (3)(A)(ii) shall be displayed more 
conspicuously than would otherwise be required under the 
preceding sentence.
  (6) In the enforcement of paragraph (3), the Postal Service 
shall consider all of the materials included in the mailing and 
the material and language on and visible through the envelope 
or outside cover or wrapper in which those materials are 
mailed.
  (l)(1) Any person who uses the mails for any matter to which 
subsection (h), (i), (j), or (k) applies shall adopt reasonable 
practices and procedures to prevent the mailing of such matter 
to any person who, personally or through a conservator, 
guardian, or individual with power of attorney--
          (A) submits to the mailer of such matter a written 
        request that such matter should not be mailed to such 
        person; or
          (B)(i) submits such a written request to the attorney 
        general of the appropriate State (or any State 
        government officer who transmits the request to that 
        attorney general); and
          (ii) that attorney general transmits such request to 
        the mailer.
  (2) Any person who mails matter to which subsection (h), (i), 
(j), or (k) applies shall maintain or cause to be maintained a 
record of all requests made under paragraph (1). The records 
shall be maintained in a form to permit the suppression of an 
applicable name at the applicable address for a 5-year period 
beginning on the date the written request under paragraph (1) 
is submitted to the mailer.
  (m) Except as otherwise provided by law, proceedings 
concerning the mailability of matter under this chapter and 
chapters 71 and 83 of title 18 shall be conducted in accordance 
with chapters 5 and 7 of title 5.
  (n)(1) Except as otherwise authorized by law or regulations 
of the Postal Service under section 3018 of this title, 
hazardous material is nonmailable.
  (2) In this subsection, the term ``hazardous material'' means 
a substance or material designated by the Secretary of 
Transportation as hazardous material under section 5103(a) of 
title 49.
  [(n)] (o) The district courts, together with the District 
Court of the Virgin Islands and the District Court of Guam, 
shall have jurisdiction, upon cause shown, to enjoin violations 
of section 1716 of title 18.

           *       *       *       *       *       *       *


Sec. 3018. Hazardous material

  (a) In General.--The Postal Service shall prescribe 
regulations for the safe transportation of hazardous material 
in the mails.
  (b) Prohibitions.--No person may--
          (1) mail or cause to be mailed hazardous material 
        that has been declared by statute or Postal Service 
        regulation to be nonmailable;
          (2) mail or cause to be mailed hazardous material in 
        violation of any statute or Postal Service regulation 
        restricting the time, place, or manner in which 
        hazardous material may be mailed; or
          (3) manufacture, distribute, or sell any container, 
        packaging kit, or similar device that--
                  (A) is represented, marked, certified, or 
                sold by such person for use in the mailing of 
                hazardous material; and
                  (B) fails to conform with any statute or 
                Postal Service regulation setting forth 
                standards for a container, packaging kit, or 
                similar device used for the mailing of 
                hazardous material.
  (c) Civil Penalty.--
          (1) In general.--A person who knowingly violates this 
        section or a regulation prescribed under this section 
        shall be liable to the Postal Service for--
                  (A) a civil penalty of at least $250, but not 
                more than $100,000, for each violation;
                  (B) the costs of any clean-up associated with 
                such violation; and
                  (C) damages.
          (2) Knowing action.--A person acts knowingly for 
        purposes of paragraph (1) when--
                  (A) the person has actual knowledge of the 
                facts giving rise to the violation; or
                  (B) a reasonable person acting in the 
                circumstances and exercising reasonable care 
                would have had that knowledge.
          (3) Knowledge of statute or regulation not element of 
        offense.--Knowledge of the existence of a statutory 
        provision or Postal Service regulation is not an 
        element of an offense under this subsection.
          (4) Separate violations.--
                  (A) Violations over time.--A separate 
                violation under this subsection occurs for each 
                day hazardous material, mailed or cause to be 
                mailed in noncompliance with this section, is 
                in the mail.
                  (B) Separate items.--A separate violation 
                under this subsection occurs for each item 
                containing hazardous material that is mailed or 
                caused to be mailed in noncompliance with this 
                section.
  (d) Hearings.--The Postal Service may determine that a person 
has violated this section or a regulation prescribed under this 
section only after notice and an opportunity for a hearing.
  (e) Penalty Considerations.--In determining the amount of a 
civil penalty for a violation of this section, the Postal 
Service shall consider--
          (1) the nature, circumstances, extent, and gravity of 
        the violation;
          (2) with respect to the person who committed the 
        violation, the degree of culpability, any history of 
        prior violations, the ability to pay, and any effect on 
        the ability to continue in business;
          (3) the impact on Postal Service operations; and
          (4) any other matters that justice requires.
  (f) Civil Actions To Collect.--
          (1) In general.--In accordance with section 4409(d) 
        of this title, a civil action may be commenced in an 
        appropriate district court of the United States to 
        collect a civil penalty, clean-up costs, and damages 
        assessed under subsection (c).
          (2) Limitation.--In a civil action under paragraph 
        (1), the validity, amount, and appropriateness of the 
        civil penalty, clean-up costs, and damages covered by 
        the civil action shall not be subject to review.
          (3) Compromise.--The Postal Service may compromise 
        the amount a civil penalty, clean-up costs, and damages 
        assessed under subsection (c) before commencing a civil 
        action with respect to such civil penalty, clean-up 
        costs, and damages under paragraph (1).
  (g) Civil Judicial Penalties.--
          (1) In general.--At the request of the Postal 
        Service, the Attorney General may bring a civil action 
        in an appropriate district court of the United States 
        to enforce this section or a regulation prescribed 
        under this section.
          (2) Relief.--The court in a civil action under 
        paragraph (1) may award appropriate relief, including a 
        temporary or permanent injunction, civil penalties as 
        determined in accordance with this section, or punitive 
        damages.
          (3) Construction.--A civil action under this 
        subsection shall be in lieu of civil penalties for the 
        same violation under subsection (c)(1)(A).
  (h) Deposit of Amounts Collected.--Amounts collected under 
this section shall be deposited into the Postal Service Fund 
under section 2003 of this title.

           *       *       *       *       *       *       *


                      TITLE 46, UNITED STATES CODE

Sec. 13103. Allocations

  (a) The Secretary shall allocate amounts available for 
allocation and distribution under this chapter for State 
recreational boating safety programs as follows:
          (1) One-third shall be allocated equally each fiscal 
        year among eligible States.
          (2) One-third shall be allocated among eligible 
        States that maintain a State vessel numbering system 
        approved under chapter 123 of this title and a marine 
        casualty reporting system approved under this chapter 
        so that the amount allocated each fiscal year to each 
        eligible State will be in the same ratio as the number 
        of vessels numbered in that State bears to the number 
        of vessels numbered in all eligible States.
          (3) One-third shall be allocated so that the amount 
        allocated each fiscal year to each eligible State will 
        be in the same ratio as the amount of State amounts 
        expended by the State for the State recreational 
        boating safety program during the prior fiscal year 
        bears to the total State amounts expended during that 
        fiscal year by all eligible States for State 
        recreational boating safety programs.
  (b) The amount received by a State under this section in a 
fiscal year may be not more than [one-half] 75 percent of the 
total cost incurred by that State in developing, carrying out, 
and financing that State's recreational boating safety program 
in that fiscal year.
  (c) The Secretary may allocate not more than 5 percent of the 
amounts available for allocation and distribution in a fiscal 
year for national boating safety activities of national 
nonprofit public service organizations.

Sec. 13104. Availability of allocations

  (a)(1) Amounts allocated to a State shall be available for 
obligation by that State for a period of [2 years] 3 years 
after the date of allocation.
  (2) Amounts allocated to a State that are not obligated at 
the end of the [2-year] 3-year period referred to in paragraph 
(1) shall be withdrawn and allocated by the Secretary in 
addition to any other amounts available for allocation in the 
fiscal year in which they are withdrawn or the following fiscal 
year.
  (b) Amounts available to the Secretary for State recreational 
boating safety programs for a fiscal year that have not been 
allocated at the end of the fiscal year shall be allocated 
among States in the next fiscal year in addition to amounts 
otherwise available for allocation to States for that next 
fiscal year.

Sec. 13106. Authorization of appropriations

  (a)(1) Subject to paragraph (2) and subsection (c), the 
Secretary shall expend in each fiscal year for State 
recreational boating safety programs, under contracts with 
States under this chapter, an amount equal to the sum of (A) 
the amount appropriated from the Boat Safety Account for that 
fiscal year and (B) the amount transferred to the Secretary 
under [section 4(b) of the Act of August 9, 1950 (16 U.S.C. 
777c(b)).] subsections (a)(2) and (f) of section 4 of the 
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 
777c(a)(2) and (f)). The amount shall be allocated as provided 
under section 13103 of this title and shall be available for 
State recreational boating safety programs as provided under 
the guidelines established under subsection (b) of this 
section. Amounts authorized to be expended for State 
recreational boating safety programs shall remain available 
until expended and are deemed to have been expended only if an 
amount equal to the total amounts authorized to be expended 
under this section for the fiscal year in question and all 
prior fiscal years have been obligated. Amounts previously 
obligated but released by payment of a final voucher or 
modification of a program acceptance shall be credited to the 
balance of unobligated amounts and are immediately available 
for expenditure.
  (2) The Secretary shall use [not less than one percent and] 
not more than two percent of the amount available each fiscal 
year for State recreational boating safety programs under this 
chapter to pay the costs of investigations, personnel, and 
activities related to administering those programs.
  (b) The Secretary shall establish guidelines prescribing the 
purposes for which amounts available under this chapter for 
State recreational boating safety programs may be used. Those 
purposes shall include--
          (1) providing facilities, equipment, and supplies for 
        boating safety education and law enforcement, including 
        purchase, operation, maintenance, and repair;
          (2) training personnel in skills related to boating 
        safety and to the enforcement of boating safety laws 
        and regulations;
          (3) providing public boating safety education, 
        including educational programs and lectures, to the 
        boating community and the public school system;
          (4) acquiring, constructing, or repairing public 
        access sites used primarily by recreational boaters;
          (5) conducting boating safety inspections and marine 
        casualty investigations;
          (6) establishing and maintaining emergency or search 
        and rescue facilities, and providing emergency or 
        search and rescue assistance;
          (7) establishing and maintaining waterway markers and 
        other appropriate aids to navigation; and
          (8) providing State recreational vessel numbering and 
        titling programs.
  (c)(1) Of the amount transferred to the [Secretary of 
Transportation under paragraph (5)(C) of section 4(b)] 
Secretary under subsection (a)(2) of section 4 of the Dingell-
Johnson Sport Fish Restoration Act [(16 U.S.C. 777c(b)), 
$3,333,336] (16 U.S.C. 777c(a)(2), not more than 5 percent is 
available to the Secretary for payment of expenses of the Coast 
Guard for personnel and activities directly related to 
coordinating and carrying out the national recreational boating 
safety program under this title, of which [$1,333,336] not less 
than $2,000,000 shall be available to the Secretary only to 
ensure compliance with chapter 43 of this title.
  (2) No funds available to the Secretary under this subsection 
may be used to replace funding traditionally provided through 
general appropriations, nor for any purposes except those 
purposes authorized by this section.
  (3) Amounts made available by this subsection shall remain 
available [until expended.] during the 2 succeeding fiscal 
years. Any amount that is unexpected or unobligated at the end 
of the 3-year period during which it is available shall be 
withdrawn by the Secretary and allocated to the States in 
addition to any other amounts available for allocation in the 
fiscal year in which they are withdrawn or the following fiscal 
year.
  (4) The Secretary shall publish annually in the Federal 
Register a detailed accounting of the projects, programs, and 
activities funded under this subsection.

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *


Sec. 108. Pipeline and Hazardous Materials Safety Administration

  (a) In General.--The Pipeline and Hazardous Materials Safety 
Administration shall be an administration in the Department of 
Transportation.
  (b) Safety as Highest Priority.--In carrying out its duties, 
the Administration shall consider the assignment and 
maintenance of safety as the highest priority, recognizing the 
clear intent, encouragement, and dedication of Congress to the 
furtherance of the highest degree of safety in pipeline 
transportation and hazardous materials transportation.
  (c) Administrator.--The head of the Administration shall be 
the Administrator who shall be appointed by the President, by 
and with the advice and consent of the Senate, and shall be an 
individual with professional experience in pipeline safety, 
hazardous materials safety, or other transportation safety. The 
Administrator shall report directly to the Secretary of 
Transportation.
  (d) Deputy Administrator.--The Administration shall have a 
Deputy Administrator who shall be appointed by the Secretary. 
The Deputy Administrator shall carry out duties and powers 
prescribed by the Administrator.
  (e) Chief Safety Officer.--The Administration shall have an 
Assistant Administrator for Pipeline and Hazardous Materials 
Safety appointed in the competitive service by the Secretary. 
The Assistant Administrator shall be the Chief Safety Officer 
of the Administration. The Assistant Administrator shall carry 
out the duties and powers prescribed by the Administrator.
  (f) Duties and Powers of the Administrator.--The 
Administrator shall carry out--
          (1) duties and powers related to pipeline and 
        hazardous materials transportation and safety vested in 
        the Secretary by chapters 51, 57, 61, 601, and 603; and
          (2) other duties and powers prescribed by the 
        Secretary.
  (g) Limitation.--A duty or power specified in subsection 
(f)(1) may be transferred to another part of the Department of 
Transportation or another government entity only if 
specifically provided by law.
  (h) Administrative Authorities.--
          (1) Grants, cooperative agreements, and other 
        transactions.--The Administrator may enter into grants, 
        cooperative agreements, and other transactions with 
        Federal agencies, State and local government agencies, 
        other public entities, private organizations, and other 
        persons--
                  (A) to conduct research into transportation 
                service and infrastructure assurance; and
                  (B) to carry out other research activities of 
                the Administration.
          (2) Limitation on disclosure of certain 
        information.--
                  (A) Limitation.--If the Administrator 
                determines that particular information 
                developed in research sponsored by the 
                Administration may reveal a systemic 
                vulnerability of transportation service or 
                infrastructure, such information may be 
                disclosed only to--
                          (i) a person responsible for the 
                        security of the transportation service 
                        or infrastructure;
                          (ii) a person responsible for 
                        protecting public safety; or
                          (iii) an officer, employee, or agent 
                        of the Federal Government, or a State 
                        or local government, who, as determined 
                        by the Administrator, has need for such 
                        information in the performance of 
                        official duties.
                  (B) Treatment of release.--The release of 
                information under subparagraph (A) shall not be 
                treated as a release to the public for purposes 
                of section 552 of title 5.

Sec. 351. Judicial review of actions in carrying out certain 
                    transferred duties and powers

  [(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, the Federal Highway 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.]
  (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.
  (b) Application of Procedural Requirements.--A statutory 
requirement related to notice, an opportunity for a hearing, 
action on the record, or administrative review that applied to 
a duty or power transferred by the Act applies to the Secretary 
or Administrator when carrying out the duty or power.
  (c) Nonapplication.--This section does not apply to a duty or 
power transferred from the Interstate Commerce Commission to 
the Secretary under section 6(e)(1)-(4) and (6)(A) of the Act.

[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 Highway 
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.]

``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.

Sec. 521. Civil penalties

  (a)(1) A person required under section 504 of this title to 
make, prepare, preserve, or submit to the Secretary of 
Transportation a record about rail carrier transportation, that 
does not make, prepare, preserve, or submit that record as 
required under that section, is liable to the United States 
Government for a civil penalty of $500 for each violation.
  (2) A rail carrier, and a lessor, receiver, or trustee of 
that carrier, violating section 504(c)(1) of this title, is 
liable to the Government for a civil penalty of $100 for each 
violation.
  (3) A rail carrier, a lessor, receiver, or trustee of that 
carrier, a person furnishing cars or protective service against 
heat or cold, and an officer, agent, or employee of one of 
them, required to make a report to the Secretary or answer a 
question, that does not make a report to the Secretary or does 
not specifically, completely, and truthfully answer the 
question, is liable to the Government for a civil penalty of 
$100 for each violation.
  (4) A separate violation occurs for each day a violation 
under this subsection continues.
  (5) Trial in a civil action under this subsection is in the 
judicial district in which the rail carrier has its principal 
operating office or in a district through which the railroad of 
the rail carrier runs.
  (b)(1)(A) If the Secretary finds that a violation of a 
provision of subchapter III of chapter 311 (except sections 
31138 and 31139) or section 31302, 31303, 31304, 31305(b), 
31310(g)(1)(A), or 31502 of this title, or a violation of a 
regulation issued under any of those provisions, has occurred, 
the Secretary shall issue a written notice to the violator. 
Such notice shall describe with reasonable particularity the 
nature of the violation found and the provision which has been 
violated. The notice shall specify the proposed civil penalty, 
if any, and suggest actions which might be taken in order to 
abate the violation. The notice shall indicate that the 
violator may, within 15 days of service, notify the Secretary 
of the violator's intention to contest the matter. In the event 
of a contested notice, the Secretary shall afford such violator 
an opportunity for a hearing, pursuant to section 554 of title 
5, following which the Secretary shall issue an order 
affirming, modifying, or vacating the notice of violation.
  (B) Nonapplicability to reporting and recordkeeping 
violations.--Subparagraph (A) shall not apply to reporting and 
recordkeeping violations.
  (2) Civil Penalty.--
          (A) In general.--Except as otherwise provided in this 
        subsection, any person who is determined by the 
        Secretary, after notice and opportunity for a hearing, 
        to have committed an act that is a violation of 
        regulations issued by the Secretary under subchapter 
        III of chapter 311 (except sections 31138 and 31139) or 
        section 31502 of this title shall be liable to the 
        United States for a civil penalty in an amount not to 
        exceed $10,000 for each offense. Notwithstanding any 
        other provision of this section (except subparagraph 
        (C)), no civil penalty shall be assessed under this 
        section against an employee for a violation in an 
        amount exceeding $2,500.
          [(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 
                $500 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 $5,000; 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 $5,000 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) 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.
          (C) Violations pertaining to CDLS.--Any person who is 
        determined by the Secretary, after notice and 
        opportunity for a hearing, to have committed an act 
        which is a violation of section 31302, 31303, 31304, 
        31305(b), or 31310(g)(1)(A) of this title shall be 
        liable to the United States for a civil penalty not to 
        exceed $2,500 for each offense.
          (D) Determination of amount.--The amount of any civil 
        penalty, and a reasonable time for abatement of the 
        violation, shall by written order be determined by the 
        Secretary, taking into account the nature, 
        circumstances, extent, and gravity of the violation 
        committed and, with respect to the violator, the degree 
        of culpability, history of prior offenses, ability to 
        pay, effect on ability to continue to do business, and 
        such other matters as justice and public safety may 
        require. In each case, the assessment shall be 
        calculated to induce further compliance.
  (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.
  (3) The Secretary may require any violator served with a 
notice of violation to post a copy of such notice or statement 
of such notice in such place or places and for such duration as 
the Secretary may determine appropriate to aid in the 
enforcement of subchapter III of chapter 311 (except sections 
31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 
31502 of this title, as the case may be.
  (4) Such civil penalty may be recovered in an action brought 
by the Attorney General on behalf of the United States in the 
appropriate district court of the United States or, before 
referral to the Attorney General, such civil penalty may be 
compromised by the Secretary.
  (5)(A) If, upon inspection or investigation, the Secretary 
determines that a violation of a provision of subchapter III of 
chapter 311 (except sections 31138 and 31139) or section 31302, 
31303, 31304, 31305(b), or 31502 of this title or a regulation 
issued under any of those provisions, or combination of such 
violations, poses an imminent hazard to safety, the Secretary 
shall order a vehicle or employee operating such vehicle out of 
service, or order an employer to cease all or part of the 
employer's commercial motor vehicle operations. In making any 
such order, the Secretary shall impose no restriction on any 
employee or employer beyond that required to abate the hazard. 
Subsequent to the issuance of the order, opportunity for review 
shall be provided in accordance with section 554 of title 5, 
except that such review shall occur not later than 10 days 
after issuance of such order.
  (B) In this paragraph, ``imminent hazard'' means any 
condition of vehicle, employee, or commercial motor vehicle 
operations which substantially increases the likelihood of 
serious injury or death if not discontinued immediately.
  (6) Criminal Penalties.--
          (A) In general.--Any person who knowingly and 
        willfully violates any provision of subchapter III of 
        chapter 311 (except sections 31138 and 31139) or 
        section 31502 of this title, or a regulation issued 
        under any of those provisions shall, upon conviction, 
        be subject for each offense to a fine not to exceed 
        $25,000 or imprisonment for a term not to exceed one 
        year, or both, except that, if such violator is an 
        employee, the violator shall only be subject to penalty 
        if, while operating a commercial motor vehicle, the 
        violator's activities have led or could have led to 
        death or serious injury, in which case the violator 
        shall be subject, upon conviction, to a fine not to 
        exceed $2,500.
          (B) Violations pertaining to CDLS.--Any person who 
        knowingly and willfully violates--
                  (i) any provision of section 31302, 31303(b) 
                or (c), 31304, 31305(b), or 31310(g)(1)(A) of 
                this title or a regulation issued under such 
                section, or
                  (ii) with respect to notification of a 
                serious traffic violation as defined under 
                section 31301 of this title, any provision of 
                section 31303(a) of this title or a regulation 
                issued under section 31303(a),
                shall, upon conviction, be subject for each 
                offense to a fine not to exceed $5,000 or 
                imprisonment for a term not to exceed 90 days, 
                or both.
  (7) The Secretary shall issue regulations establishing 
penalty schedules designed to induce timely compliance for 
persons failing to comply promptly with the requirements set 
forth in any notices and orders under this subsection.
  (8) Prohibition on operation in interstate commerce after 
nonpayment of penalties.--
          (A) In general.--An owner or operator of a commercial 
        motor vehicle against whom a civil penalty is assessed 
        under this chapter or chapter 51, 149, or 311 of this 
        title and who does not pay such penalty or fails to 
        arrange and abide by an acceptable payment plan for 
        such civil penalty may not operate in interstate 
        commerce beginning on the 91st day after the date 
        specified by order of the Secretary for payment of such 
        penalty. This paragraph shall not apply to any person 
        who is unable to pay a civil penalty because such 
        person is a debtor in a case under chapter 11 of title 
        11, United States Code.
          (B) Regulations.--Not later than 12 months after the 
        date of the enactment of this paragraph, the Secretary, 
        after notice and an opportunity for public comment, 
        shall issue regulations setting forth procedures for 
        ordering commercial motor vehicle owners and operators 
        delinquent in paying civil penalties to cease 
        operations until payment has been made.
  (9) Any aggrieved person who, after a hearing, is adversely 
affected by a final order issued under this section may, within 
30 days, petition for review of the order in the United States 
Court of Appeals in the circuit wherein the violation is 
alleged to have occurred or where the violator has his 
principal place of business or residence, or in the United 
States Court of Appeals for the District of Columbia Circuit. 
Review of the order shall be based on a determination of 
whether the Secretary's findings and conclusions were supported 
by substantial evidence, or were otherwise not in accordance 
with law. No objection that has not been urged before the 
Secretary shall be considered by the court, unless reasonable 
grounds existed for failure or neglect to do so. The 
commencement of proceedings under this subsection shall not, 
unless ordered by the court, operate as a stay of the order of 
the Secretary.
  (10) All penalties and fines collected under this section 
shall be deposited into the Highway Trust Fund (other than the 
Mass Transit Account).
  (11) In any action brought under this section, process may be 
served without regard to the territorial limits of the district 
of the State in which the action is brought.
  (12) In any proceeding for criminal contempt for violation of 
an injunction or restraining order issued under this section, 
trial shall be by the court, or, upon demand of the accused, by 
a jury, conducted in accordance with the provisions of rule 
42(b) of the Federal Rules of Criminal Procedure.
  (13) The provisions of this subsection shall not affect 
chapter 51 of this title or any regulation promulgated by the 
Secretary under chapter 51.
  (14) As used in this subsection, the terms ``commercial motor 
vehicle'', ``employee'', ``employer'', and ``State'' have the 
meaning such terms have under section 31132 of this title.

Sec. 5101. Purpose

  [The purpose of this chapter is to provide adequate 
protection against the risks to life and property inherent in 
the transportation of hazardous material in commerce by 
improving the regulatory and enforcement authority of the 
Secretary of Transportation.]
  The purpose of this chapter is to protect against the risks 
to life, property, and the environment that are inherent in the 
transportation of hazardous material in intrastate, interstate, 
and foreign commerce.

Sec. 5102. Definitions

  In this chapter--
          (1) ``commerce'' means trade or transportation in the 
        jurisdiction of the United States--
                  (A) between a place in a State and a place 
                outside of the State; [or]
                  (B) that affects trade or transportation 
                between a place in a State and a place outside 
                of the [State.] State; or
                  (C) on a United States-registered aircraft.
          (2) ``hazardous material'' means a substance or 
        material the Secretary of Transportation designates 
        under section 5103(a) of this title.
          (3) ``hazmat employee''--
                  (A) means an individual--
                          (i) employed on a fulltime, part 
                        time, or temporary basis by a hazmat 
                        employer; [and]
                          (ii) is self-employed (including an 
                        owner-operator of a motor vehicle, 
                        vessel, or aircraft) transporting 
                        hazardous material in commerce; and
                          [(ii)] (iii) who during the course of 
                        fulltime, part time, or temporary 
                        employment directly affects hazardous 
                        material transportation safety as the 
                        Secretary decides by regulation; and
                  [(B) includes an owner-operator of a motor 
                vehicle transporting hazardous material in 
                commerce; and]
                  [(C)] (B) includes an individual, employed on 
                a fulltime, part time, or temporary basis by a 
                hazmat employer, who during the course of 
                employment--
                          (i) loads, unloads, or handles 
                        hazardous material;
                          [(ii) manufactures, reconditions, or 
                        tests containers, drums, and packagings 
                        represented as qualified for use in 
                        transporting hazardous material;]
                          (ii) designs, manufactures, 
                        fabricates, inspects, marks, maintains, 
                        reconditions, repairs, or tests a 
                        package, container, or packaging 
                        component that is represented, marked, 
                        certified, or sold by that person as 
                        qualified for use in transporting 
                        hazardous material in commerce;
                          (iii) prepares hazardous material for 
                        transportation;
                          (iv) is responsible for the safety of 
                        transporting hazardous material; or
                          (v) operates a vehicle used to 
                        transport hazardous material.
          [(4) ``hazmat employer''--
                  [(A) means a person using at least one 
                employee of that person in connection with--
                          [(i) transporting hazardous material 
                        in commerce;
                          [(ii) causing hazardous material to 
                        be transported in commerce; or
                          [(iii) manufacturing, reconditioning, 
                        or testing containers, drums, and 
                        packagings represented as qualified for 
                        use in transporting hazardous material;
                  [(B) includes an owner-operator of a motor 
                vehicle transporting hazardous material in 
                commerce; and
                  [(C) includes a department, agency, or 
                instrumentality of the United States 
                Government, or an authority of a State, 
                political subdivision of a State, or Indian 
                tribe, carrying out an activity described in 
                subclause (A)(i), (ii), or (iii) of this clause 
                (4).]
          (4) ``hazmat employer'' means a person--
                  (A) who--
                          (i) employs or uses at least 1 hazmat 
                        employee on a full time, part time, or 
                        temporary basis, or
                          (ii) is self-employed (including an 
                        owner-operator of a motor vehicle, 
                        vessel, or aircraft) transporting 
                        hazardous material in commerce, and
                  (B) who--
                          (i) transports hazardous material in 
                        commerce,
                          (ii) causes hazardous material to be 
                        transported in commerce, or
                          (iii) designs, manufactures, 
                        fabricates, inspects, marks, maintains, 
                        reconditions, repairs, or tests a 
                        package, container, or packaging 
                        component that is represented, marked, 
                        certified, or sold by that person as 
                        qualified for use in transporting 
                        hazardous material in commerce, and
                includes a department, agency, or 
                instrumentality of the United States 
                Government, or an authority of a State, 
                political subdivision of a State, or Indian 
                tribe, carrying out an activity described in 
                subparagraph (B).
          (5) ``imminent hazard'' means the existence of a 
        condition relating to hazardous material that presents 
        a substantial likelihood that death, serious illness, 
        severe personal injury, or a substantial endangerment 
        to health, property, or the environment may occur 
        before the reasonably foreseeable completion date of a 
        formal proceeding begun to lessen the risk of that 
        death, illness, injury, or endangerment.
          (6) ``Indian tribe'' has the same meaning given that 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
          [(7) ``motor carrier'' means a motor carrier, motor 
        private carrier, and freight forwarder as those terms 
        are defined in section 13102 of this title.]
          (7) ``motor carrier''--
                  (A) means a motor carrier, motor private 
                carrier, and freight forwarder as those terms 
                are defined in section 13102 of this title; but
                  (B) does not include a freight forwarder, as 
                so defined, if the freight forwarder is not 
                performing a function relating to highway 
                transportation.
          (8) [``national response team'' means the national 
        response team established under the national 
        contingency plan] ``National Response Team'' means the 
        National Response Team established under the National 
        Contingency Plan established under section 105 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9605).
          (9) ``person'', in addition to its meaning under 
        section 1 of title 1--
                  (A) includes a government, Indian tribe, or 
                authority of a government or tribe [offering 
                hazardous material for transportation in 
                commerce or transporting hazardous material to 
                further a commercial enterprise; but]
                          (i) offers hazardous material for 
                        transportation in commerce;
                          (ii) transports hazardous material to 
                        further a commercial enterprise; or
                          (iii) designs, manufactures, 
                        fabricates, inspects, marks, maintains, 
                        reconditions, repairs, or tests a 
                        package, container, or packaging 
                        component that is represented, marked, 
                        certified, or sold by that person as 
                        qualified for use in transporting 
                        hazardous material in commerce; but
                  (B) does not include--
                          (i) the United States Postal Service; 
                        and
                          (ii) in sections 5123 and 5124 of 
                        this title, a department, agency, or 
                        instrumentality of the Government.
          (10) ``public sector employee''--
                  (A) means an individual employed by a State, 
                political subdivision of a State, or Indian 
                tribe and who during the course of employment 
                has responsibilities related to responding to 
                an accident or incident involving the 
                transportation of hazardous material;
                  (B) includes an individual employed by a 
                State, political subdivision of a State, or 
                Indian tribe as a firefighter or law 
                enforcement officer; and
                  (C) includes an individual who volunteers to 
                serve as a firefighter for a State, political 
                subdivision of a State, or Indian tribe.
          (11) ``Secretary'' means the Secretary of 
        Transportation except as otherwise provided.
          [(11)] (12) ``State'' means--
                  (A) except in section 5119 of this title, a 
                State of the United States, the District of 
                Columbia, Puerto Rico, the Northern Mariana 
                Islands, the Virgin Islands, American Samoa, 
                Guam, and any other territory or possession of 
                the United States designated by the Secretary; 
                and
                  (B) in section 5119 of this title, a State of 
                the United States and the District of Columbia.
          [(12)] (13) ``transports'' or ``transportation'' 
        means the movement of property and loading, unloading, 
        or storage incidental to the movement.
          [(13)] (14) ``United States'' means all of the 
        States.

Sec. 5103. General regulatory authority

  (a) Designating Material as Hazardous.--The Secretary [of 
Transportation] shall designate material (including an 
explosive, radioactive material, [etiologic agent, flammable or 
combustible liquid or solid, poison, oxidizing or corrosive 
material,] infectious substance, flammable or combustible 
liquid, solid, or gas, toxic, oxidizing, or corrosive material, 
and compressed gas) or a group or class of material as 
hazardous when the Secretary [decides] determines that 
transporting the material in commerce in a particular amount 
and form may pose an unreasonable risk to health and safety or 
property.
  (b) Regulations for Safe Transportation.--(1) The Secretary 
shall prescribe regulations for the safe transportation, 
including security, of hazardous material in intrastate, 
interstate, and foreign commerce. The regulations--
          [(A) apply to a person--
          [(i) transporting hazardous material in commerce;
          [(ii) causing hazardous material to be transported in 
        commerce; or
          [(iii) manufacturing, fabricating, marking, 
        maintaining, reconditioning, repairing, or testing a 
        packaging or a container that is represented, marked, 
        certified, or sold by that person as qualified for use 
        in transporting hazardous material in commerce; and]
                  (A) apply to a person who--
                          (i) transports hazardous material in 
                        commerce;
                          (ii) causes hazardous material to be 
                        transported in commerce;
                          (iii) designs, manufactures, 
                        fabricates, inspects, marks, maintains, 
                        reconditions, repairs, or tests a 
                        package, container, or packaging 
                        component that is represented, marked, 
                        certified, or sold by that person as 
                        qualified for use in transporting 
                        hazardous material in commerce;
                          (iv) prepares or accepts hazardous 
                        material for transportation in 
                        commerce;
                          (v) is responsible for the safety of 
                        transporting hazardous material in 
                        commerce;
                          (vi) certifies compliance with any 
                        requirement under this chapter; or
                          (vii) misrepresents whether such 
                        person is engaged in any activity under 
                        clause (i) through (vi) of this 
                        subparagraph; and
          (B) shall govern safety aspects, including security, 
        of the transportation of hazardous material the 
        Secretary considers appropriate.
  (2) A proceeding to prescribe the regulations must be 
conducted under section 553 of title 5, including an 
opportunity for informal oral presentation.
  [(C) Consultation.--When prescribing a security regulation or 
issuing a security order that affects the safety of the 
transportation of hazardous material, the Secretary of Homeland 
Security shall consult with the Secretary.]
  (c) Consultation.--When prescribing a security regulation or 
issuing a security order that affects the safety of the 
transportation of hazardous material, the Secretary of Homeland 
Security shall consult with the Secretary of Transportation.

Sec. 5103a. Limitation on issuance of hazmat licenses

  (a) Limitation.--
          (1) Issuance of licenses.--A State may not issue to 
        any individual a license to operate a motor vehicle 
        transporting in commerce a hazardous material unless 
        the Secretary [of Transportation] of Homeland Security 
        has first determined, upon receipt of a notification 
        under subsection [(c)(1)(B),] (d)(1)(B), that the 
        individual does not pose a security risk warranting 
        denial of the license.
          (2) Renewals included.--For the purposes of this 
        section, the term ``issue'', with respect to a license, 
        includes renewal of the license.
  (b) Hazardous Materials Described.--The limitation in 
subsection (a) shall apply with [respect to--
          [(1) any material defined as a hazardous material by 
        the Secretary of Transportation; and
          [(2) any chemical or biological material or agent 
        determined by the Secretary of Health and Human 
        Services or the Attorney General as being a threat to 
        the national security of the United States.]
with respect to any material defined as hazardous material by 
the Secretary for which the Secretary requires placarding of a 
commercial motor vehicle transporting that material in 
commerce.
  (c) Recommendations on Chemical and Biological Materials.--
The Secretary of Health and Human Services shall recommend to 
the Secretary any chemical or biological material or agent for 
regulation as a hazardous material under section 5103(a) of 
this title if the Secretary of Health and Human Services 
determines that such material or agent is a threat to the 
national security of the United States.
  [(c)] (d) Background Records Check.--
          (1) In general.--Upon the request of a State 
        regarding issuance of a license described in subsection 
        (a)(1) to an individual, the Attorney General--
                  (A) shall carry out a background records 
                check regarding the individual; and
                  (B) upon completing the background records 
                check, shall notify the Secretary [of 
                Transportation] of Homeland Security of the 
                completion and results of the background 
                records check.
          (2) Scope.--A background records check regarding an 
        individual under this subsection shall consist of the 
        following:
                  (A) A check of the relevant criminal history 
                data bases.
                  (B) In the case of an alien, a check of the 
                relevant data bases to determine the status of 
                the alien under the immigration laws of the 
                United States.
                  (C) As appropriate, a check of the relevant 
                international data bases through Interpol-U.S. 
                National Central Bureau or other appropriate 
                means.
  [(d)] (e) Reporting Requirement.--Each State shall submit to 
the Secretary [of Transportation] of Homeland Security, at such 
time and in such manner as the Secretary may prescribe, the 
name, address, and such other information as the Secretary may 
require, concerning--
          (1) each alien to whom the State issues a license 
        described in subsection (a); and
          (2) each other individual to whom such a license is 
        issued, as the Secretary may require.
  [(e)] (f) Alien Defined.--In this section, the term ``alien'' 
has the meaning given the term in section 101(a)(3) of the 
Immigration and Nationality Act.

Sec. 5104. Representation and tampering

  (a) Representation.--A person may represent, by marking or 
otherwise, that--
          (1) [a container, package, or packaging (or a 
        component of a container, package, or packaging) for] a 
        package, component of a package, or packaging for 
        transporting hazardous material is safe, certified, or 
        complies with this chapter only if [the container, 
        package, or packaging (or a component of a container, 
        package, or packaging) meets] the package, component of 
        a package, or packaging meets the requirements of each 
        applicable regulation prescribed under this chapter; or
          (2) hazardous material is present in a package, 
        container, motor vehicle, rail freight car, aircraft, 
        or vessel only if the material is present.
  (b) Tampering.--[A person may not] No person may alter, 
remove, destroy, or otherwise tamper unlawfully with--
          (1) a marking, label, placard, or description on a 
        document required under this chapter or a regulation 
        prescribed under this chapter; or
          (2) a package, component of a package, or packaging, 
        container, motor vehicle, rail freight car, aircraft, 
        or vessel used to transport hazardous material.

Sec. 5105. Transporting certain highly radioactive material

  (a) Definitions.--In this section, ``high-level radioactive 
waste'' and ``spent nuclear fuel'' have the same meanings given 
those terms in section 2 of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101).
  (b) Transportation Safety Study.--In consultation with the 
Secretary of Energy, the Nuclear Regulatory Commission, 
potentially affected States and Indian tribes, representatives 
of the rail transportation industry, and shippers of high-level 
radioactive waste and spent nuclear fuel, the Secretary of 
Transportation shall conduct a study comparing the safety of 
using trains operated only to transport high-level radioactive 
waste and spent nuclear fuel with the safety of using other 
methods of rail transportation for transporting that waste and 
fuel. The Secretary of Transportation shall submit to Congress 
not later than November 16, 1991, a report on the results of 
the study.
  (c) Safe Rail Transportation Regulations.--Not later than 
November 16, 1992, after considering the results of the study 
conducted under subsection (b) of this section, the Secretary 
of Transportation shall prescribe amendments to existing 
regulations that the Secretary considers appropriate to provide 
for the safe rail transportation of high-level radioactive 
waste and spent nuclear fuel, including trains operated only 
for transporting high-level radioactive waste and spent nuclear 
fuel.
  [(d) Routes and Modes Study.--Not later than November 16, 
1991, the Secretary of Transportation shall conduct a study to 
decide which factors, if any, shippers and carriers should 
consider when selecting routes and modes that would enhance 
overall public safety related to the transportation of high-
level radioactive waste and spent nuclear fuel. The study shall 
include--
          [(1) notice and opportunity for public comment; and
          [(2) an assessment of the degree to which at least 
        the following affect the overall public safety of the 
        transportation:
                  [(A) population densities.
                  [(B) types and conditions of modal 
                infrastructures (including highways, railbeds, 
                and waterways).
                  [(C) quantities of high-level radioactive 
                waste and spent nuclear fuel.
                  [(D) emergency response capabilities.
                  [(E) exposure and other risk factors.
                  [(F) terrain considerations.
                  [(G) continuity of routes.
                  [(H) available alternative routes.
                  [(I) environmental impact factors.]
  [(e)] (d) Inspections of Motor Vehicles Transporting Certain 
Material.--(1) Not later than November 16, 1991, the Secretary 
of Transportation shall require by regulation that before each 
use of a motor vehicle to transport a highway-route-controlled 
quantity of radioactive material in commerce, the vehicle shall 
be inspected and certified as complying with this chapter and 
applicable United States motor carrier safety laws and 
regulations. The Secretary may require that the inspection be 
carried out by an authorized United States Government inspector 
or according to appropriate State procedures.
  (2) The Secretary of Transportation may allow a person, 
transporting or causing to be transported a highway-route-
controlled quantity of radioactive material, to inspect the 
motor vehicle used to transport the material and to certify 
that the vehicle complies with this chapter. The inspector 
qualification requirements the Secretary prescribes for an 
individual inspecting a motor vehicle apply to an individual 
conducting an inspection under this paragraph.

Sec. 5107. Hazmat employee training requirements and grants

  (a) Training Requirements.--The Secretary [of Transportation] 
shall prescribe by regulation requirements for training that a 
hazmat employer must give hazmat employees of the employer on 
the safe loading, unloading, handling, storing, and 
transporting of hazardous material and emergency preparedness 
for responding to an accident or incident involving the 
transportation of hazardous material. The regulations--
          (1) shall establish the date, as provided by 
        subsection (b) of this section, by which the training 
        shall be completed; and
          (2) may provide for different training for different 
        classes or categories of hazardous material and hazmat 
        employees.
  (b) Beginning and Completing Training.--A hazmat employer 
shall begin the training of hazmat employees of the employer 
not later than 6 months after the Secretary [of Transportation] 
prescribes the regulations under subsection (a) of this 
section. The training shall be completed within a reasonable 
period of time after--
          (1) 6 months after the regulations are prescribed; or
          (2) the date on which an individual is to begin 
        carrying out a duty or power of a hazmat employee if 
        the individual is employed as a hazmat employee after 
        the 6-month period.
  (c) Certification of Training.--After completing the 
training, each hazmat employer shall certify, with 
documentation the Secretary [of Transportation] may require by 
regulation, that the hazmat employees of the employer have 
received training and have been tested on appropriate 
transportation areas of responsibility, including at least one 
of the following:
          (1) recognizing and understanding the Department of 
        Transportation hazardous material classification 
        system.
          (2) the use and limitations of the Department 
        hazardous material placarding, labeling, and marking 
        systems.
          (3) general handling procedures, loading and 
        unloading techniques, and strategies to reduce the 
        probability of release or damage during or incidental 
        to transporting hazardous material.
          (4) health, safety, and risk factors associated with 
        hazardous material and the transportation of hazardous 
        material.
          (5) appropriate emergency response and communication 
        procedures for dealing with an accident or incident 
        involving hazardous material transportation.
          (6) the use of the Department Emergency Response 
        Guidebook and recognition of its limitations or the use 
        of equivalent documents and recognition of the 
        limitations of those documents.
          (7) applicable hazardous material transportation 
        regulations.
          (8) personal protection techniques.
          (9) preparing a shipping document for transporting 
        hazardous material.
  (d) Coordination of Training Requirements.--In consultation 
with the Administrator of the Environmental Protection Agency 
and the Secretary of Labor, the Secretary of Transportation 
shall ensure that the training requirements prescribed under 
this section do not conflict with or duplicate--
          (1) the requirements of regulations the Secretary of 
        Labor prescribes related to hazard communication, and 
        hazardous waste operations, and emergency response that 
        are contained in part 1910 of title 29, Code of Federal 
        Regulations; and
          (2) the regulations the Agency prescribes related to 
        worker protection standards for hazardous waste 
        operations that are contained in part 311 of title 40, 
        Code of Federal Regulations.
  (e) Training Grants.--The Secretary shall, subject to the 
availability of funds under [section 5127(c)(3),] section 
5128(b)(1) of this title, make grants for training instructors 
to train hazmat employees and, to the extent determined 
appropriate by the Secretary, grants for such instructors to 
train hazmat employees under this section. A grant under this 
subsection shall be made to a nonprofit hazmat employee 
organization that demonstrates--
          (1) expertise in conducting a training program for 
        hazmat employees; and
          (2) the ability to reach and involve in a training 
        program a target population of hazmat employees.
  (f) Relationship to Other Laws.--(1) Chapter 35 of title 44 
does not apply to an activity of the Secretary of 
Transportation under subsections (a)-(d) of this section.
  (2) An action of the Secretary of Transportation under 
subsections (a)-(d) of this section and sections 5106, 5108(a)-
(g)(1) and (h), and 5109 of this title is not an exercise, 
under section 4(b)(1) of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 653(b)(1)), of statutory authority to 
prescribe or enforce standards or regulations affecting 
occupational safety or health.
  (g) Existing Effort.--No grant under subsection (e) shall 
supplant or replace existing employer-provided hazardous 
materials training efforts or obligations.

Sec. 5108. Registration

  (a) Persons Required to File.--(1) A person shall file a 
registration statement with the Secretary [of Transportation] 
under this subsection if the person is transporting or causing 
to be transported in commerce any of the following:
          (A) a highway-route-controlled quantity of 
        radioactive material.
          (B) more than 25 kilograms of a [class A or B 
        explosive] Division 1.1, 1.2, or 1.3 explosive material 
        in a motor vehicle, rail car, or transport container.
          (C) more than one liter in each package of a 
        hazardous material the Secretary designates as 
        extremely toxic by inhalation.
          (D) hazardous material in a bulk packaging, 
        container, or tank, as defined by the Secretary, if the 
        bulk packaging, container, or tank has a capacity of at 
        least 3,500 gallons or more than 468 cubic feet.
          (E) a shipment of at least 5,000 pounds (except in a 
        bulk packaging) of a class of hazardous material for 
        which placarding of a vehicle, rail car, or freight 
        container is required under regulations prescribed 
        under this chapter.
  (2) The Secretary [of Transportation] may require any of the 
following persons to file a registration statement with the 
Secretary under this subsection:
          (A) a person transporting or causing to be 
        transported hazardous material in commerce and not 
        required to file a registration statement under 
        paragraph (1) of this subsection.
          [(B) a person manufacturing, fabricating, marking, 
        maintaining, reconditioning, repairing, or testing a 
        package or container the person represents, marks, 
        certifies, or sells for use in transporting in commerce 
        hazardous material the Secretary designates.]
          (B) a person designing, manufacturing, fabricating, 
        inspecting, marking, maintaining, reconditioning, 
        repairing, or testing a package, container, or 
        packaging component that is represented, marked, 
        certified, or sold by that person as qualified for use 
        in transporting hazardous material in commerce.
  (3) A person required to file a registration statement under 
this subsection may transport or cause to be transported, or 
manufacture, [fabricate, mark, maintain, recondition, repair, 
or test a package or]design, manufacture, fabricate, inspect, 
mark, maintain, recondition, repair, or test a package, 
container packaging component, or  container for use in 
transporting, hazardous material, only if the person has a 
statement on file as required by this subsection.
  (4) The Secretary may waive the filing of a registration 
statement, or the payment of a fee, required under this 
subsection, or both, for any person not domiciled in the United 
States who solely offers hazardous materials for transportation 
to the United States from a place outside the United States if 
the country of which such person is a domiciliary does not 
require persons domiciled in the United States who solely offer 
hazardous materials for transportation to the foreign country 
from places in the United States to file registration 
statements, or to pay fees, for making such an offer.
  (b) Form, Contents, and Limitation on Filings.--(1) A 
registration statement under subsection (a) of this section 
shall be in the form and contain information the Secretary [of 
Transportation] requires by regulation. The Secretary may use 
existing forms of the Department of Transportation and the 
Environmental Protection Agency to carry out this subsection. 
The statement shall include--
          (A) the name and principal place of business of the 
        registrant;
          (B) a description of each activity the registrant 
        carries out for which filing a statement under 
        subsection (a) of this section is required; and
          (C) each State in which the person carries out [the 
        activity.] any of the activities.
  (2) A person carrying out more than one activity, or an 
activity at more than one location, for which filing is 
required only has to file one registration statement to comply 
with subsection (a) of this section.
  [(c) Filing Deadlines and Amendments.--(1) Each person 
required to file a registration statement under subsection (a) 
of this section must file the first statement not later than 
March 31, 1992. The Secretary of Transportation may extend that 
date to September 30, 1992, for activities referred to in 
subsection (a)(1) of this section. A person shall renew the 
statement periodically consistent with regulations the 
Secretary prescribes, but not more than once each year and not 
less than once every 5 years.
  [(2) The Secretary of Transportation shall decide by 
regulation when and under what circumstances a registration 
statement must be amended and the procedures to follow in 
amending the statement.]
  (c) Filing.--Each person required to file a registration 
statement under subsection (a) of this section shall file the 
statement in accordance with regulations prescribed by the 
Secretary.
  (d) Simplifying the Registration Process.--The Secretary [of 
Transportation] may take necessary action to simplify the 
registration process under subsections (a)-(c) of this section 
and to minimize the number of applications, documents, and 
other information a person is required to file under this 
chapter and other laws of the United States.
  (e) Cooperation With Administrator.--The Administrator of the 
Environmental Protection Agency shall assist the Secretary [of 
Transportation] in carrying out subsections (a)-(g)(1) and (h) 
of this section by providing the Secretary with information the 
Secretary requests to carry out the objectives of subsections 
(a)-(g)(1) and (h).
  (f) Availability of Statements.--The Secretary [of 
Transportation] shall make a registration statement filed under 
subsection (a) of this section available for inspection by any 
person for a fee the Secretary establishes. However, this 
subsection does not require the release of information 
described in section 552(b) of title 5 or otherwise protected 
by law from disclosure to the public.
  (g) Fees.--(1) The Secretary [of Transportation may 
establish,] shall establish, impose, and collect from a person 
required to file a registration statement under subsection (a) 
of this section a fee necessary to pay for the costs of the 
Secretary in processing the statement.
  (2)(A) In addition to a fee established under paragraph (1) 
of this subsection, the Secretary [of Transportation] shall 
establish and impose by regulation and collect an annual fee. 
Subject to subparagraph (B) of this paragraph, the fee shall be 
at least $250 but not more than [$5,000] $3,000 from each 
person required to file a registration statement under this 
section. The Secretary shall determine the amount of the fee 
under this paragraph on at least one of the following:
          (i) gross revenue from transporting hazardous 
        material.
          (ii) the type of hazardous material transported or 
        caused to be transported.
          (iii) the amount of hazardous material transported or 
        caused to be transported.
          (iv) the number of shipments of hazardous material.
          (v) the number of activities that the person carries 
        out for which filing a registration statement is 
        required under this section.
          (vi) the threat to property, individuals, and the 
        environment from an accident or incident involving the 
        hazardous material transported or caused to be 
        transported.
          (vii) the percentage of gross revenue derived from 
        transporting hazardous material.
          (viii) the amount to be made available to carry out 
        sections 5108(g)(2), 5115, and 5116 of this title.
          (ix) other factors the Secretary considers 
        appropriate.
  (B) The Secretary [of Transportation] shall adjust the amount 
being collected under this paragraph to reflect any unexpended 
balance in the account established under section 5116(i) of 
this title. However, the Secretary is not required to refund 
any fee collected under this paragraph.
  (C) The Secretary [of Transportation] shall transfer to the 
Secretary of the Treasury amounts the Secretary [of 
Transportation] collects under this paragraph for deposit in 
[the account the Secretary of the Treasury establishes] the 
Emergency Response Fund established under section 5116(i) of 
this title.
  (h) Maintaining Proof of Filing and Payment of Fees.--The 
Secretary [of Transportation] may prescribe regulations 
requiring a person required to file a registration statement 
under subsection (a) of this section to maintain proof of the 
filing and payment of fees imposed under subsection (g) of this 
section.
  (i) Relationship to Other Laws.--(1) Chapter 35 of title 44 
does not apply to an activity of the Secretary [of 
Transportation] under subsections (a)-(g)(1) and (h) of this 
section.
  (2)(A) This section does not apply to an employee of a hazmat 
employer.
  (B) Subsections (a)-(h) of this section do not apply to a 
department, agency, or instrumentality of the United States 
Government, an authority of a State or political subdivision of 
a State, an Indian tribe, or an employee of a department, 
agency, instrumentality, or authority carrying out official 
duties.

Sec. 5110. Shipping papers and disclosure

  (a) Providing Shipping Papers.--Each person offering for 
transportation in commerce hazardous material to which the 
shipping paper requirements of the Secretary [of 
Transportation] apply shall provide to the carrier providing 
the transportation a shipping paper that makes the disclosures 
the Secretary prescribes [under subsection (b) of this 
section.] in regulations.
  [(b) Considerations and Requirements.--In carrying out 
subsection (a) of this section, the Secretary shall consider 
and may require--
          [(1) a description of the hazardous material, 
        including the proper shipping name;
          [(2) the hazard class of the hazardous material;
          [(3) the identification number (UN/NA) of the 
        hazardous material;
          [(4) immediate first action emergency response 
        information or a way for appropriate reference to the 
        information (that must be available immediately); and
          [(5) a telephone number for obtaining more specific 
        handling and mitigation information about the hazardous 
        material at any time during which the material is 
        transported.]
  [(c)] (b) Keeping Shipping Papers on the Vehicle.--(1) A 
motor carrier, and the person offering the hazardous material 
for transportation if a private motor carrier, shall keep the 
shipping paper on the vehicle transporting the material.
  (2) Except as provided in paragraph (1) of this subsection, 
the shipping paper shall be kept in a location the Secretary 
specifies in a motor vehicle, train, vessel, aircraft, or 
facility until--
          (A) the hazardous material no longer is in 
        transportation; or
          (B) the documents are made available to a 
        representative of a department, agency, or 
        instrumentality of the United States Government or a 
        State or local authority responding to an accident or 
        incident involving the motor vehicle, train, vessel, 
        aircraft, or facility.
  [(d)] (c) Disclosure to Emergency Response Authorities.--When 
an incident involving hazardous material being transported in 
commerce occurs, the person transporting the material, 
immediately on request of appropriate emergency response 
authorities, shall disclose to the authorities information 
about the material.
  [(e) Retention of Papers.--After the hazardous material to 
which a shipping paper provided to a carrier under subsection 
(a) applies is no longer in transportation, the person who 
provided the shipping paper and the carrier required to 
maintain it under subsection (a) shall retain the paper or 
electronic image thereof for a period of 1 year to be 
accessible through their respective principal places of 
business. Such person and carrier shall, upon request, make the 
shipping paper available to a Federal, State, or local 
government agency at reasonable times and locations.]
  (d) Retention of Papers.--
          (1) Shippers.--The person who provides the shipping 
        paper under this section shall retain the paper, or an 
        electronic format of it, for a period of 3 years after 
        the date that the shipping paper is provided to the 
        carrier, with the paper or electronic format to be 
        accessible through the shipper's principal place of 
        business.
          (2) Carriers.--The carrier required to keep the 
        shipping paper under this section, shall retain the 
        paper, or an electronic format of it, for a period of 1 
        year after the date that the shipping paper is provided 
        to the carrier, with the paper or electronic format to 
        be accessible through the carrier's principal place of 
        business.
          (3) Availability to government agencies.--Any person 
        required to keep a shipping paper under this subsection 
        shall, upon request, make it available to a Federal, 
        State, or local government agency at reasonable times 
        and locations.

[Sec. 5111. Rail tank cars

    [A rail tank car built before January 1, 1971, may be used 
to transport hazardous material in commerce only if the air 
brake equipment support attachments of the car comply with the 
standards for attachments contained in sections 179.100-16 and 
179.200-19 of title 49, Code of Federal Regulations, in effect 
on November 16, 1990.]

Sec. 5112. Highway routing of hazardous material

  (a) Application.--(1) This section applies to a motor vehicle 
only if the vehicle is transporting hazardous material in 
commerce for which placarding of the vehicle is required under 
regulations prescribed under this chapter. [However, the 
Secretary of Transportation] The Secretary by regulation may 
extend application of this section or a standard prescribed 
under subsection (b) of this section to--
          (A) any use of a vehicle under this paragraph to 
        transport any hazardous material in commerce; and
          (B) any motor vehicle used to transport hazardous 
        material in commerce.
  (2) Except as provided by subsection (d) of this section and 
section 5125(c) of this title, each State and Indian tribe may 
establish, maintain, and enforce--
          (A) designations of specific highway routes over 
        which hazardous material may and may not be transported 
        by motor vehicle; and
          (B) limitations and requirements related to highway 
        routing.
  (b) Standards for States and Indian Tribes.--(1) The 
Secretary, in consultation with the States, shall prescribe by 
regulation standards for States and Indian tribes to use in 
carrying out subsection (a) of this section. The standards 
shall include--
          (A) a requirement that a highway routing designation, 
        limitation, or requirement of a State or Indian tribe 
        shall enhance public safety in the area subject to the 
        jurisdiction of the State or tribe and in areas of the 
        United States not subject to the jurisdiction of the 
        State or tribe and directly affected by the 
        designation, limitation, or requirement;
          (B) minimum procedural requirements to ensure public 
        participation when the State or Indian tribe is 
        establishing a highway routing designation, limitation, 
        or requirement;
          (C) a requirement that, in establishing a highway 
        routing designation, limitation, or requirement, a 
        State or Indian tribe consult with appropriate State, 
        local, and tribal officials having jurisdiction over 
        areas of the United States not subject to the 
        jurisdiction of that State or tribe establishing the 
        designation, limitation, or requirement and with 
        affected industries;
          (D) a requirement that a highway routing designation, 
        limitation, or requirement of a State or Indian tribe 
        shall ensure through highway routing for the 
        transportation of hazardous material between adjacent 
        areas;
          (E) a requirement that a highway routing designation, 
        limitation, or requirement of one State or Indian tribe 
        affecting the transportation of hazardous material in 
        another State or tribe may be established, maintained, 
        and enforced by the State or tribe establishing the 
        designation, limitation, or requirement only if--
          (i) the designation, limitation, or requirement is 
        agreed to by the other State or tribe within a 
        reasonable period or is approved by the Secretary under 
        subsection (d) of this section; and
          (ii) the designation, limitation, or requirement is 
        not an unreasonable burden on commerce;
          (F) a requirement that establishing a highway routing 
        designation, limitation, or requirement of a State or 
        Indian tribe be completed in a timely way;
          (G) a requirement that a highway routing designation, 
        limitation, or requirement of a State or Indian tribe 
        provide reasonable routes for motor vehicles 
        transporting hazardous material to reach terminals, 
        facilities for food, fuel, repairs, and rest, and 
        places to load and unload hazardous material;
          (H) a requirement that a State be responsible--
          (i) for ensuring that political subdivisions of the 
        State comply with standards prescribed under this 
        subsection in establishing, maintaining, and enforcing 
        a highway routing designation, limitation, or 
        requirement; and
          (ii) for resolving a dispute between political 
        subdivisions; and
          (I) a requirement that, in carrying out subsection 
        (a) of this section, a State or Indian tribe shall 
        consider--
          (i) population densities;
          (ii) the types of highways;
          (iii) the types and amounts of hazardous material;
          (iv) emergency response capabilities;
          (v) the results of consulting with affected persons;
          (vi) exposure and other risk factors;
          (vii) terrain considerations;
          (viii) the continuity of routes;
          (ix) alternative routes;
          (x) the effects on commerce;
          (xi) delays in transportation; and
          (xii) other factors the Secretary considers 
        appropriate.
  (2) The Secretary may not assign a specific weight that a 
State or Indian tribe shall use when considering the factors 
under paragraph (1)(I) of this subsection.
  (c) List of Route Designations.--In coordination with the 
States, the Secretary shall update and publish periodically a 
list of currently effective hazardous material highway route 
designations.
  (d) Dispute Resolution.--(1) The Secretary shall prescribe 
regulations for resolving a dispute related to through highway 
routing or to an agreement with a proposed highway route 
designation, limitation, or requirement between or among 
States, political subdivisions of different States, or Indian 
tribes.
  (2) A State or Indian tribe involved in a dispute under this 
subsection may petition the Secretary to resolve the dispute. 
The Secretary shall resolve the dispute not later than one year 
after receiving the petition. The resolution shall provide the 
greatest level of highway safety without being an unreasonable 
burden on commerce and shall ensure compliance with standards 
prescribed under subsection (b) of this section.
  (3)(A) After a petition is filed under this subsection, a 
civil action about the subject matter of the dispute may be 
brought in a court only after the earlier of--
          (i) the day the Secretary issues a final decision; or
          (ii) the last day of the one-year period beginning on 
        the day the Secretary receives the petition.
  (B) A State or Indian tribe adversely affected by a decision 
of the Secretary under this subsection may bring a civil action 
for judicial review of the decision in an appropriate district 
court of the United States not later than 89 days after the day 
the decision becomes final.
  (e) Relationship to Other Laws.--This section and regulations 
prescribed under this section do not affect sections 31111 and 
31113 of this title or section 127 of title 23.
  (f) Existing Radioactive Material Routing Regulations.--The 
Secretary is not required to amend or again prescribe 
regulations related to highway routing designations over which 
radioactive material may and may not be transported by motor 
vehicles, and limitations and requirements related to the 
routing, that were in effect on November 16, 1990.

Sec. 5113. Unsatisfactory safety rating

  [See section 31144.]
  A violation of section 31144(c)(3) of this title shall be 
considered a violation of this chapter, and shall be subject to 
the penalties in sections 5123 and 5124 of this title.

Sec. 5114. Air transportation of ionizing radiation material

  (a) Transporting in Air Commerce.--Material that emits 
ionizing radiation spontaneously may be transported on a 
passenger-carrying aircraft in air commerce (as defined in 
section 40102(a) of this title) only if the material is 
intended for a use in, or incident to, research or medical 
diagnosis or treatment and does not present an unreasonable 
hazard to health and safety when being prepared for, and 
during, transportation.
  (b) Procedures.--The Secretary [of Transportation] shall 
prescribe procedures for monitoring and enforcing regulations 
prescribed under this section.
  (c) Nonapplication.--This section does not apply to material 
the Secretary decides does not pose a significant hazard to 
health or safety when transported because of its low order of 
radioactivity.

Sec. 5115. Training curriculum for the public sector

  [(a) Development and Updating.--Not later than November 16, 
1992, in coordination with the Director of the Federal 
Emergency Management Agency, Chairman of the Nuclear Regulatory 
Commission, Administrator of the Environmental Protection 
Agency, Secretaries of Labor, Energy, and Health and Human 
Services, and Director of the National Institute of 
Environmental Health Sciences, and using the existing 
coordinating mechanisms of the national response team and, for 
radioactive material, the Federal Radiological Preparedness 
Coordinating Committee, the Secretary of Transportation shall 
develop and update periodically a curriculum consisting of a 
list of courses necessary to train public sector emergency 
response and preparedness teams. Only in developing the 
curriculum, the Secretary of Transportation shall consult with 
regional response teams established under the national 
contingency plan established under section 105 of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9605), representatives of 
commissions established under section 301 of the Emergency 
Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11001), persons (including governmental entities) that provide 
training for responding to accidents and incidents involving 
the transportation of hazardous material, and representatives 
of persons that respond to those accidents and incidents.]
  (a) In General.--In coordination with the Director of the 
Federal Emergency Management Agency, the Chairman of the 
Nuclear Regulatory Commission, the Administrator of the 
Environmental Protection Agency, the Secretaries of Labor, 
Energy, and Health and Human Services, and the Director of the 
National Institute of Environmental Health Sciences, and using 
existing coordinating mechanisms of the National Response Team 
and, for radioactive material, the Federal Radiological 
Preparedness Coordinating Committee, the Secretary shall 
maintain a current curriculum of lists of courses necessary to 
train public sector emergency response and preparedness teams 
in matters relating to the transportation of hazardous 
material.
  (b) Requirements.--The curriculum [developed] maintained 
under subsection (a) of this section--
          (1) shall include--
                  (A) a recommended course of study to train 
                public sector employees to respond to an 
                accident or incident involving the 
                transportation of hazardous material and to 
                plan for those responses;
                  (B) recommended basic courses and minimum 
                number of hours of instruction necessary for 
                public sector employees to be able to respond 
                safely and efficiently to an accident or 
                incident involving the transportation of 
                hazardous material and to plan those responses; 
                and
                  (C) appropriate emergency response training 
                and planning programs for public sector 
                employees developed [under other United States 
                Government grant programs, including those 
                developed with grants made under section 126(g) 
                of the Superfund Amendments and Reauthorization 
                Act of 1986 (42 U.S.C. 9660a); and] with 
                Federal assistance; and
          (2) may include recommendations on material 
        appropriate for use in a recommended basic course 
        described in clause (1)(B) of this subsection.
  (c) Training on Complying With Legal Requirements.--A 
recommended basic course described in subsection (b)(1)(B) of 
this section shall provide the training necessary for public 
sector employees to comply with--
          (1) regulations related to hazardous waste operations 
        and emergency response contained in part 1910 of title 
        29, Code of Federal Regulations, prescribed by the 
        Secretary of Labor;
          (2) regulations related to worker protection 
        standards for hazardous waste operations contained in 
        part 311 of title 40, Code of Federal Regulations, 
        prescribed by the Administrator; and
          (3) standards related to emergency response training 
        prescribed by the National Fire Protection 
        [Association.] Association or by any other voluntary 
        organization establishing consensus-based standards 
        that the Secretary considers appropriate.
  (d) Distribution and Publication.--With the [national 
response team--] National Response Team--
          (1) the Director of the Federal Emergency Management 
        Agency shall distribute the curriculum and any updates 
        to the curriculum to the regional response teams and 
        all committees and commissions established under 
        section 301 of the Emergency Planning and Community 
        Right-To-Know Act of 1986 (42 U.S.C. 11001); and
          (2) the Secretary of Transportation may [publish a 
        list of programs that uses a course developed under 
        this section for training public sector employees to 
        respond to an accident or incident involving the 
        transportation of hazardous material.] publish and 
        distribute the list of courses maintained under this 
        section, and of any programs utilizing such courses.

Sec. 5116. Planning and training grants, monitoring, and review

  (a) Planning Grants.--(1) The Secretary [of Transportation] 
shall make grants to States and Indian tribes--
          (A) to develop, improve, and carry out emergency 
        plans under the Emergency Planning and Community Right-
        To-Know Act of 1986 (42 U.S.C. 11001 et seq.), 
        including ascertaining flow patterns of hazardous 
        material on lands under the jurisdiction of a State or 
        Indian tribe, and between lands under the jurisdiction 
        of a State or Indian tribe and lands of another State 
        or Indian tribe; and
          (B) to decide on the need for a regional hazardous 
        material emergency response team.
  (2) The Secretary [of Transportation] may make a grant to a 
State or Indian tribe under paragraph (1) of this subsection in 
a fiscal year only if--
          (A) the State or Indian tribe certifies that the 
        total amount the State or Indian tribe expends (except 
        amounts of the United States Government) to develop, 
        improve, and carry out emergency plans under the Act 
        will at least equal the average level of expenditure 
        for the last 2 fiscal years; and
          (B) the State agrees to make available at least 75 
        percent of the amount of the grant under paragraph (1) 
        of this subsection in the fiscal year to local 
        emergency planning committees established under section 
        301(c) of the Act (42 U.S.C. 11001(c)) to develop 
        emergency plans under the Act.
  (3) A State or Indian tribe receiving a grant under this 
subsection shall ensure that planning under the grant is 
coordinated with emergency planning conducted by adjacent 
States and Indian tribes.
  (b) Training Grants.--(1) The Secretary [of Transportation] 
shall make grants to States and Indian tribes to train public 
sector employees to respond to accidents and incidents 
involving hazardous material.
  (2) The Secretary [of Transportation] may make a grant under 
paragraph (1) of this subsection in a fiscal year--
          (A) to a State or Indian tribe only if the State or 
        tribe certifies that the total amount the State or 
        tribe expends (except amounts of the Government) to 
        train public sector employees to respond to an accident 
        or incident involving hazardous material will at least 
        equal the average level of expenditure for the last 2 
        fiscal years;
          (B) to a State or Indian tribe only if the State or 
        tribe makes an agreement with the Secretary that the 
        State or tribe will use in that fiscal year, for 
        training public sector employees to respond to an 
        accident or incident involving hazardous material--
                  (i) a course developed or identified under 
                section 5115 of this title; or
                  (ii) another course the Secretary decides is 
                consistent with the objectives of this section; 
                and
          (C) to a State only if the State agrees to make 
        available at least 75 percent of the amount of the 
        grant under paragraph (1) of this subsection in the 
        fiscal year for training public sector employees a 
        political subdivision of the State employs or uses.
  (3) A grant under this subsection may be used--
          (A) to pay--
                  (i) the tuition costs of public sector 
                employees being trained;
                  (ii) travel expenses of those employees to 
                and from the training facility;
                  (iii) room and board of those employees when 
                at the training facility; and
                  (iv) travel expenses of individuals providing 
                the training;
          (B) by the State, political subdivision, or Indian 
        tribe to provide the training; and
          (C) to make an agreement the Secretary [of 
        Transportation] approves authorizing a person 
        (including an authority of a State or political 
        subdivision of a State or Indian tribe) to provide the 
        training--
                  (i) if the agreement allows the Secretary and 
                the State or tribe to conduct random 
                examinations, inspections, and audits of the 
                training without prior notice; and
                  (ii) if the State or tribe conducts at least 
                one on-site observation of the training each 
                year.
  (4) The Secretary [of Transportation] shall allocate amounts 
made available for grants under this subsection for a fiscal 
year among eligible States and Indian tribes based on the needs 
of the States and tribes for emergency response training. In 
making a decision about those needs, the Secretary shall 
consider--
          (A) the number of hazardous material facilities in 
        the State or on land under the jurisdiction of the 
        tribe;
          (B) the types and amounts of hazardous material 
        transported in the State or on that land;
          (C) whether the State or tribe imposes and collects a 
        fee on transporting hazardous material;
          (D) whether the fee is used only to carry out a 
        purpose related to transporting hazardous material; and
          (E) other factors the Secretary decides are 
        appropriate to carry out this subsection.
  (c) Compliance With Certain Law.--The Secretary of 
Transportation may make a grant to a State under this section 
in a fiscal year only if the State certifies that the State 
complies with sections 301 and 303 of the Emergency Planning 
and Community Right-To-Know Act of 1986 (42 U.S.C. 11001, 
11003).
  (d) Applications.--A State or Indian tribe interested in 
receiving a grant under this section shall submit an 
application to the [Secretary of Transportation.] Secretary. 
The application must be submitted at the time, and contain 
information, the Secretary requires by regulation to carry out 
the objectives of this section.
  (e) Government's Share of Costs.--A grant under this section 
is for 80 percent of the cost the State or Indian tribe incurs 
in the fiscal year to carry out the activity for which the 
grant is made. [Amounts of the State or tribe under subsections 
(a)(2)(A) and (b)(2)(A) of this section are not part of the 
non-Government share under this subsection.]
  (f) Monitoring and Technical Assistance.--In coordination 
with the Secretaries of Transportation and Energy, 
Administrator of the Environmental Protection Agency, and 
Director of the National Institute of Environmental Health 
Sciences, the Director of the Federal Emergency Management 
Agency shall monitor public sector emergency response planning 
and training for an accident or incident involving hazardous 
material. Considering the results of the monitoring, the 
Secretaries, Administrator, and Directors each shall provide 
technical assistance to a State, political subdivision of a 
State, or Indian tribe for carrying out emergency response 
training and planning for an accident or incident involving 
hazardous material and shall coordinate the assistance using 
the existing coordinating mechanisms of the [national response 
team] National Response Team and, for radioactive material, the 
Federal Radiological Preparedness Coordinating Committee.
  (g) Delegation of Authority.--To minimize administrative 
costs and to coordinate [Government grant programs] Federal 
financial assistance programs for emergency response training 
and planning, the Secretary [of Transportation] may delegate to 
the Directors of the Federal Emergency Management Agency and 
National Institute of Environmental Health Sciences, Chairman 
of the Nuclear Regulatory Commission, Administrator of the 
Environmental Protection Agency, and Secretaries of Labor and 
Energy any of the following:
          (1) authority to receive applications for grants 
        under this section.
          (2) authority to review applications for technical 
        compliance with this section.
          (3) authority to review applications to recommend 
        approval or disapproval.
          (4) any other ministerial duty associated with grants 
        under this section.
  (h) Minimizing Duplication of Effort and Expenses.--The 
Secretaries of Transportation, Labor, and Energy, Directors of 
the Federal Emergency Management Agency and National Institute 
of Environmental Health Sciences, Chairman of the Nuclear 
Regulatory Commission, and Administrator of the Environmental 
Protection Agency shall review periodically, with the head of 
each department, agency, or instrumentality of the Government, 
all emergency response and preparedness training programs of 
that department, agency, or instrumentality to minimize 
duplication of effort and expense of the department, agency, or 
instrumentality in carrying out the programs and shall take 
necessary action to minimize duplication.
  (i) Annual Registration Fee Account and Its Uses.--The 
Secretary of the Treasury shall establish an account (to be 
known as the ``Emergency Preparedness Fund'')  in the Treasury 
into which the Secretary of the Treasury shall deposit amounts 
the Secretary [of Transportation collects under section 
5108(g)(2)(A) of this title and] transfers to the Secretary of 
the Treasury under section 5108(g)(2)(C) of this title. Without 
further appropriation, amounts in the account are available--
          (1) to make grants under this section;
          (2) to monitor and provide technical assistance under 
        subsection (f) of this section; [and]
          (3) to publish and distribute an emergency response 
        guide; and
          [(3)] (4) to pay administrative costs of carrying out 
        this section and sections 5108(g)(2) and 5115 of this 
        title, except that not more than 10 percent of the 
        amounts made available from the account in a fiscal 
        year may be used to pay those costs.
  (j) Supplemental Training Grants.--
          (1) In order to further the purposes of subsection 
        (b), the Secretary shall, subject to the availability 
        of funds, make grants to national nonprofit employee 
        organizations engaged solely in fighting fires for the 
        purpose of training instructors to conduct hazardous 
        materials response training programs for individuals 
        with statutory responsibility to respond to hazardous 
        materials accidents and incidents.
          (2) For the purposes of this subsection the 
        Secretary, after consultation with interested 
        organizations, shall--
                  (A) identify regions or locations in which 
                fire departments or other organizations which 
                provide emergency response to hazardous 
                materials transportation accidents and 
                incidents are in need of hazardous materials 
                training; and
                  (B) prioritize such needs and develop a means 
                for identifying additional specific training 
                needs.
          (3) Funds granted to an organization under this 
        subsection shall only be used--
                  (A) to train instructors to conduct hazardous 
                materials response training programs;
                  (B) to purchase training equipment used 
                exclusively to train instructors to conduct 
                such training programs; and
                  (C) to disseminate such information and 
                materials as are necessary for the conduct of 
                such training programs.
          (4) The Secretary may only make a grant to an 
        organization under this subsection in a fiscal year if 
        the organization enters into an agreement with the 
        Secretary to train instructors to conduct hazardous 
        materials response training programs in such fiscal 
        year that will use--
                  (A) a course or courses developed or 
                identified under section 5115 of this title; or
                  (B) other courses which the Secretary 
                determines are consistent with the objectives 
                of this subsection;
        for training individuals with statutory responsibility 
        to respond to accidents and incidents involving 
        hazardous materials. Such agreement also shall provide 
        that training courses shall be open to all such 
        individuals on a nondiscriminatory basis.
          (5) The Secretary may impose such additional terms 
        and conditions on grants to be made under this 
        subsection as the Secretary determines are necessary to 
        protect the interests of the United States and to carry 
        out the objectives of this subsection.
  (k) Reports.--[Not later than September 30, 1997, the 
Secretary shall submit to Congress a report on the allocation 
and uses of training grants authorized under subsection (b) for 
fiscal year 1993 through fiscal year 1996 and grants authorized 
under subsection (j) and section 5107 for fiscal years 1995 and 
1996.] The Secretary shall make available to the public 
annually information on the allocation and uses of the planning 
grants allocated under subsection (a), training grants under 
subsection (b), and grants under subsection (j) of this section 
and under section 5107 of this title. [Such report] The 
information shall identify the ultimate recipients of training 
grants and include a detailed accounting of all grant 
expenditures by grant recipients, the number of persons trained 
under the grant programs, and an evaluation of the efficacy of 
training programs carried out.

[Sec. 5117. Exemptions and exclusions]

Sec. 5117. Special permits and exclusions

  (a) Authority To [Exempt] Issue Special Permits._(1) As 
provided under procedures prescribed by regulation, [the 
Secretary of Transportation may issue [an exemption] a special 
permit from this chapter or a regulation prescribed under 
section 5103(b), 5104, 5110, or 5112 of this title to a person 
transporting, or causing to be transported, hazardous material 
in a way] the Secretary may issue, modify, or terminate a 
special permit authorizing variances from this chapter, or a 
regulation prescribed under section 5103(b), 5104, 5110, or 
5112 of this title, to a person performing a function regulated 
by the Secretary under section 5103(b)(1) of this title in a 
way that achieves a safety level--
          (A) at least equal to the safety level required under 
        this chapter; or
          (B) consistent with the public interest and this 
        chapter, if a required safety level does not exist.
  [(2) An exemption under this subsection is effective for not 
more than 2 years and may be renewed on application to the 
Secretary.]
  (2) A special permit under this subsection--
                  (A) shall be effective when first issued for 
                not more than 2 years; and
                  (B) may be renewed for successive periods of 
                not more than 4 years each.
  (b) Applications.--When applying for [an exemption] a special 
permit or renewal of [an exemption] a special permit under this 
section, the person must provide a safety analysis prescribed 
by the Secretary that justifies [the exemption.] the special 
permit. The Secretary shall publish in the Federal Register 
notice that an application for [an exemption] a special permit 
has been filed and shall give the public an opportunity to 
inspect the safety analysis and comment on the application. 
This subsection does not require the release of information 
protected by law from public disclosure.
  (c) Applications To Be Dealt With Promptly.--The Secretary 
shall issue or renew [the exemption] the special permit. for 
which an application was filed or deny such issuance or renewal 
within 180 days after the first day of the month following the 
date of the filing of such application, or the Secretary shall 
publish a statement in the Federal Register of the reason why 
the Secretary's decision on [the exemption] the special permit. 
is delayed, along with an estimate of the additional time 
necessary before the decision is made.
  (d) Exclusions.--(1) The Secretary shall exclude, in any 
part, from this chapter and regulations prescribed under this 
chapter--
          (A) a public vessel (as defined in section 2101 of 
        title 46);
          (B) a vessel exempted under section 3702 of title 46 
        from chapter 37 of title 46; and
          (C) a vessel to the extent it is regulated under the 
        Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221 
        et seq.).
  (2) This chapter and regulations prescribed under this 
chapter do not prohibit--
          (A) or regulate transportation of a firearm (as 
        defined in section 232 of title 18), or ammunition for 
        a firearm, by an individual for personal use; or
          (B) transportation of a firearm or ammunition in 
        commerce.
  (e) Limitation on Authority.--Unless the Secretary decides 
that an emergency exists, [an exemption] a special permit or 
renewal granted under this section is the only way a person 
subject to this chapter may be [exempt] granted a variance from 
this chapter.

[Sec. 5118. Inspectors

    [(a) General Requirement.--The Secretary of Transportation 
shall maintain the employment of 30 hazardous material safety 
inspectors more than the total number of safety inspectors 
authorized for the fiscal year that ended September 30, 1990, 
for the Federal Railroad Administration, the Federal Highway 
Administration, and the Research and Special Programs 
Administration.
    [(b) Allocation To Promote Safety in Transporting 
Radioactive Material.--(1) The Secretary shall ensure that 10 
of the 30 additional inspectors focus on promoting safety in 
transporting radioactive material, as defined by the Secretary, 
including inspecting--
            [(A) at the place of origin, shipments of high-
        level radioactive waste or nuclear spent material (as 
        those terms are defined in section 5105(a) of this 
        title); and
            [(B) to the maximum extent practicable shipments of 
        radioactive material that are not high-level 
        radioactive waste or nuclear spent material.
    [(2) In carrying out their duties, those 10 additional 
inspectors shall cooperate to the greatest extent possible with 
safety inspectors of the Nuclear Regulatory Commission and 
appropriate State and local government officials.
    [(3) Those 10 additional inspectors shall be allocated as 
follows:
            [(A) one to the Pipeline and Hazardous Materials 
        Safety Administration.
            [(B) 3 to the Federal Railroad Administration.
            [(C) 3 to the Federal Highway Administration.
            [(D) the other 3 among the administrations referred 
        to in clauses (A)-(C) of this paragraph as the 
        Secretary decides.
    [(c) Allocation of Other Inspectors.--The Secretary shall 
allocate, as the Secretary decides, the 20 additional 
inspectors authorized under this section and not allocated 
under subsection (b) of this section among the administrations 
referred to in subsection (b)(3)(A)-(C) of this section.]

Sec. 5119. Uniform forms and procedures

  [(a) Working Group.--The Secretary of Transportation shall 
establish a working group of State and local government 
officials, including representatives of the National Governors' 
Association, the National Association of Counties, the National 
League of Cities, the United States Conference of Mayors, and 
the National Conference of State Legislatures. The purposes of 
the working group are--
          [(1) to establish uniform forms and procedures for a 
        State--
                  [(A) to register persons that transport or 
                cause to be transported hazardous material by 
                motor vehicle in the State; and
                  [(B) to allow the transportation of hazardous 
                material in the State; and
          [(2) to decide whether to limit the filing of any 
        State registration and permit forms and collection of 
        filing fees to the State in which the person resides or 
        has its principal place of business.
  [(b) Consultation and Reporting.--The working group--
          [(1) shall consult with persons subject to 
        registration and permit requirements described in 
        subsection (a) of this section; and
          [(2) not later than November 16, 1993, shall submit 
        to the Secretary, the Committee on Commerce, Science, 
        and Transportation of the Senate, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a final report that contains--
                  [(A) a detailed statement of its findings and 
                conclusions; and
                  [(B) its joint recommendations on the matters 
                referred to in subsection (a) of this section.
  [(c) Regulations on Recommendations.--(1) The Secretary shall 
prescribe regulations to carry out the recommendations 
contained in the report submitted under subsection (b) of this 
section with which the Secretary agrees. The regulations shall 
be prescribed by the later of the last day of the 3-year period 
beginning on the date the working group submitted its report or 
the last day of the 90-day period beginning on the date on 
which at least 26 States adopt all of the recommendations of 
the report. A regulation prescribed under this subsection may 
not define or limit the amount of a fee a State may impose or 
collect.
  [(2) A regulation prescribed under this subsection takes 
effect one year after it is prescribed. The Secretary may 
extend the one-year period for an additional year for good 
cause. After a regulation is effective, a State may establish, 
maintain, or enforce a requirement related to the same subject 
matter only if the requirement is the same as the regulation.
  [(3) In consultation with the working group, the Secretary 
shall develop a procedure to eliminate differences in how 
States carry out a regulation prescribed under this subsection.
  [(d) Relationship to Other Laws.--The Federal Advisory 
Committee Act (5 App. U.S.C.) does not apply to the working 
group.]
  (a) In General.--The Secretary may prescribe regulations to 
establish uniform forms and regulations for States on the 
following:
          (1) To register and issue permits to persons that 
        transport or cause to be transported hazardous material 
        by motor vehicles in a State.
          (2) To permit the transportation of hazardous 
        material in a State.
  (b) Uniformity in Forms and Procedures.--In prescribing 
regulations under subsection (a) of this section, the Secretary 
shall develop procedures to eliminate discrepancies among the 
States in carrying out the activities covered by the 
regulations.
  (c) Limitation.--The regulations prescribed under subsection 
(a) of this section may not define or limit the amount of any 
fees imposed or collected by a State for any activities covered 
by the regulations.
  (d) Effective Date.--
          (1) In general.--Except as provided in paragraph (2) 
        of this subsection, the regulations prescribed under 
        subsection (a) of this section shall take effect 1 year 
        after the date on which prescribed.
          (2) Extension.--The Secretary may extend the 1-year 
        period in subsection (a) for an additional year for 
        good cause.
  (e) State Regulations.--After the regulations prescribed 
under subsection (a) of this section take effect under 
subsection (d) of this section, a State may establish, 
maintain, or enforce a requirement relating to the same subject 
matter only if the requirement is consistent with applicable 
requirements with respect to such activity in the regulations.
  (f) Interim State Programs.--Pending the prescription of 
regulations under subsection (a) of this section, States may 
participate in the program of uniform forms and procedures 
recommended by the Alliance for Uniform Hazmat Transportation 
Procedures.

Sec. 5120. International uniformity of standards and requirements

  (a) Participation in International Forums.--Subject to 
guidance and direction from the Secretary of State, the 
Secretary [of Transportation] shall participate in 
international forums that establish or recommend mandatory 
standards and requirements for transporting hazardous material 
in international commerce.
  (b) Consultation.--The Secretary [of Transportation] may 
consult with interested authorities to ensure that, to the 
extent practicable, regulations the Secretary prescribes under 
sections 5103(b), 5104, 5110, and 5112 of this title are 
consistent with standards related to transporting hazardous 
material that international authorities adopt.
  (c) Differences With International Standards and 
Requirements.--This section--
          (1) does not require the Secretary [of 
        Transportation] to prescribe a standard identical to a 
        standard adopted by an international authority if the 
        Secretary decides the standard is unnecessary or 
        unsafe; and
          (2) does not prohibit the Secretary from prescribing 
        a safety requirement more stringent than a requirement 
        included in a standard adopted by an international 
        authority if the Secretary decides the requirement is 
        necessary in the public interest.

Sec. 5121. Administrative

  [(a) General Authority.--To carry out this chapter, the 
Secretary of Transportation may investigate, make reports, 
issue subpenas, conduct hearings, require the production of 
records and property, take depositions, and conduct research, 
development, demonstration, and training activities. After 
notice and an opportunity for a hearing, the Secretary may 
issue an order requiring compliance with this chapter or a 
regulation prescribed under this chapter.
  [(b) Records, Reports, and Information.--A person subject to 
this chapter shall--
          [(1) maintain records, make reports, and provide 
        information the Secretary by regulation or order 
        requires; and
          [(2) make the records, reports, and information 
        available when the Secretary requests.
  [(c) Inspection.--(1) The Secretary may authorize an officer, 
employee, or agent to inspect, at a reasonable time and in a 
reasonable way, records and property related to--
          [(A) manufacturing, fabricating, marking, 
        maintaining, reconditioning, repairing, testing, or 
        distributing a packaging or a container for use by a 
        person in transporting hazardous material in commerce; 
        or
          [(B) the transportation of hazardous material in 
        commerce.
  [(2) An officer, employee, or agent under this subsection 
shall display proper credentials when requested.
  [(d) Facility, Staff, and Reporting System on Risks, 
Emergencies, and Actions.--(1) The Secretary shall--
          [(A) maintain a facility and technical staff 
        sufficient to provide, within the United States 
        Government, the capability of evaluating a risk related 
        to the transportation of hazardous material and 
        material alleged to be hazardous;
          [(B) maintain a central reporting system and 
        information center capable of providing information and 
        advice to law enforcement and firefighting personnel, 
        other interested individuals, and officers and 
        employees of the Government and State and local 
        governments on meeting an emergency related to the 
        transportation of hazardous material; and
          [(C) conduct a continuous review on all aspects of 
        transporting hazardous material to decide on and take 
        appropriate actions to ensure safe transportation of 
        hazardous material.
  [(2) Paragraph (1) of this subsection does not prevent the 
Secretary from making a contract with a private entity for use 
of a supplemental reporting system and information center 
operated and maintained by the contractor.
  [(e) Report.--The Secretary shall, once every 2 years, 
prepare and submit to the President for transmittal to the 
Congress a comprehensive report on the transportation of 
hazardous materials during the preceding 2 calendar years. The 
report shall include--
          [(1) a statistical compilation of accidents and 
        casualties related to the transportation of hazardous 
        material;
          [(2) a list and summary of applicable Government 
        regulations, criteria, orders, and exemptions;
          [(3) a summary of the basis for each exemption;
          [(4) an evaluation of the effectiveness of 
        enforcement activities and the degree of voluntary 
        compliance with regulations;
          [(5) a summary of outstanding problems in carrying 
        out this chapter in order of priority; and
          [(6) recommendations for appropriate legislation.]
  (a) General Authority.--
          (1) To carry out this chapter, the Secretary may 
        investigate, conduct tests, make reports, issue 
        subpoenas, conduct hearings, require the production of 
        records and property, take depositions, and conduct 
        research, development, demonstration, and training 
        activities.
          (2) Except as provided in subsections (c) and (d) of 
        this section, the Secretary shall provide notice and an 
        opportunity for a hearing before issuing an order 
        directing compliance with this chapter, a regulation 
        prescribed under this chapter, or an order, special 
        permit, or approval issued under this chapter.
  (b) Records, Reports, Property, and Information.--A person 
subject to this chapter shall--
          (1) maintain records, make reports, and provide 
        property and information that the Secretary by 
        regulation or order requires; and
          (2) make the records, reports, property, and 
        information available for inspection when the Secretary 
        undertakes an inspection or investigation.
  (c) Inspections and Investigations.--
          (1) A designated officer or employee of the Secretary 
        may--
                  (A) inspect and investigate, at a reasonable 
                time and in a reasonable way, records and 
                property relating to a function described in 
                section 5103(b)(1) of this title;
                  (B) except for packaging immediately adjacent 
                to the hazardous material contents, gain access 
                to, open, and examine a package offered for or 
                in transportation when the officer or employees 
                has an objectively reasonable and articulable 
                belief that the package may contain hazardous 
                material;
                  (C) remove from transportation a package or 
                related packages in a shipment offered for or 
                in transportation for which--
                          (i) such officer or employee has an 
                        objectively reasonable and articulable 
                        belief that the package may pose an 
                        imminent hazard; and
                          (ii) such officer or employee 
                        contemporaneously documents such belief 
                        in accordance with procedures set forth 
                        in regulations prescribed under 
                        subsection (e) of this section;
                  (D) gather information from the offeror, 
                carrier, packaging manufacturer or tester, or 
                other person responsible for a package or 
                packages to ascertain the nature and hazards of 
                the contents of the package or packages;
                  (E) as necessary under terms and conditions 
                prescribed by the Secretary, order the offeror, 
                carrier, or other person responsible for a 
                package or packages to have the package or 
                packages transported to an appropriate 
                facility, opened, examined, and analyzed; and
                  (F) when safety might otherwise be 
                compromised, authorize properly qualified 
                personnel to assist in activities carried out 
                under this paragraph.
          (2) An officer or employee acting under the authority 
        of the Secretary under this subsection shall display 
        proper credentials when requested.
          (3) In instances when, as a result of an inspection 
        or investigation under this subsection, an imminent 
        hazards is not found to exist, the Secretary shall, in 
        accordance with procedures set forth in regulations 
        prescribed under subsection (e) of this section, assist 
        the safe resumption of transportation of the package, 
        packages, or transport unit concerned.
  (d) Emergency Orders.--
          (1) If, upon inspection, investigation, testing, or 
        research, the Secretary determines that a violation of 
        a provision of this chapter, or a regulation prescribed 
        under this chapter, or an unsafe condition or practice, 
        constitutes or is causing an imminent hazard, the 
        Secretary may issue or impose emergency restrictions, 
        prohibitions, recalls, or out-of-service orders, 
        without notice or an opportunity for a hearing, but 
        only to the extent necessary to abate the imminent 
        hazard.
          (2) The action of the Secretary under paragraph (1) 
        of this subsection shall be in a written emergency 
        order that--
                  (A) describes the violation, condition, or 
                practice that constitutes or is causing the 
                imminent hazard;
                  (B) states the restrictions, prohibitions, 
                recalls, or out-of-service orders issued or 
                imposed; and
                  (C) describe the standards and procedures for 
                obtaining relief from the order.
          (3) After taking action under paragraph (1) of this 
        subsection, the Secretary shall provide for review of 
        the action under section 554 of title 5 if a petition 
        for review is filed within 20 calendar days of the 
        issuance of the order for the action.
          (4) If a petition for review of an action is filed 
        under paragraph (3) of this subsection and the review 
        under that paragraph is not completed by the end of the 
        30-day period beginning on the date the petition is 
        filed, the action shall cease to be effective at the 
        end of such period unless the Secretary determines, in 
        writing, that the imminent hazard providing a basis for 
        the action continues to exist.
          (5) In this subsection, the term `out-of-service 
        order' means a requirement that an aircraft, vessel, 
        motor vehicle, train, railcar, locomotive, other 
        vehicle, transport unit, transport vehicle, freight 
        container, potable tank, or other package not be moved 
        until specified conditions have been met.
  (e) Regulations.--The Secretary shall prescribe in accordance 
with section 553 of title 5 regulations to carry out the 
authority in subsections (c) and (d) of this section.
  (f) Facility, Staff, and Reporting System on Risks, 
Emergencies, and Actions.--
          (1) The Secretary shall--
                  (A) maintain a facility and technical staff 
                sufficient to provide, within the United States 
                Government, the capability of evaluating a risk 
                relating to the transportation of hazardous 
                material and material alleged to be hazardous;
                  (B) maintain a central reporting system and 
                information center capable of providing 
                information and advice to law enforcement and 
                firefighting personnel, and other interested 
                individuals, and officers and employees of the 
                United States Government and State and local 
                governments on meeting an emergency relating to 
                the transportation of hazardous material; and
                  (C) conduct a continuous review on all 
                aspects of transporting hazardous material to 
                decide on and take appropriate actions to 
                ensure safe transportation of hazardous 
                material.
          (2) Paragraph (1) of this subsection shall not 
        prevent the Secretary from making a contract with a 
        private entity for use of a supplemental reporting 
        system and information center operated and maintained 
        by the contractor.
  (g) Grants, Cooperative Agreements, and Other Transactions.--
The Secretary may enter into grants, cooperative agreements, 
and other transactions with a person, agency, or 
instrumentality of the United States, a unit of State or local 
government, an Indian tribe, a foreign government (in 
coordination with the Department of State), an educational 
institution, or other appropriate entity--
          (1) to expand risk assessment and emergency response 
        capabilities with respect to the security of 
        transportation of hazardous material;
          (2) to conduct research, development, demonstration, 
        risk assessment and emergency response planning and 
        training activities; or
          (3) to otherwise carry out this chapter.
  (h) Reports.--
          (1) The Secretary shall, once every 2 years, submit 
        to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives 
        Committee on Transportation and Infrastructure a 
        comprehensive report on the transportation of hazardous 
        material during the preceding 2 calendar years. Each 
        report shall include, for the period covered by such 
        report--
                  (A) a statistical compilation of the 
                accidents, incidents, and casualties related to 
                the transportation of hazardous material during 
                such period;
                  (B) a list and summary of applicable 
                Government regulations, criteria, orders, and 
                special permits;
                  (C) a summary of the basis for each special 
                permit issued;
                  (D) an evaluation of the effectiveness of 
                enforcement activities relating to the 
                transportation of hazardous material during 
                such period, and of the degree of voluntary 
                compliance with regulations;
                  (E) a summary of outstanding problems in 
                carrying out this chapter, set forth in order 
                of priority; and
                  (F) any recommendations for legislative or 
                administrative action that the Secretary 
                considers appropriate.
          (2) Before December 31, 2007, and every 3 years 
        thereafter, the Secretary, through the Bureau of 
        Transportation Statistics and in consultation with 
        other Federal departments and agencies, shall submit a 
        report to the Senate Committee on Commerce, Science, 
        and Transportation and the House of Representatives 
        Committee on Transportation and Infrastructure on the 
        transportation of hazardous material in all modes of 
        transportation during the preceding 3 calendar years. 
        Each report shall include, for the period covered by 
        such report--
                  (A) a summary of the hazardous material 
                shipments, deliveries, and movements during 
                such period, set forth by hazardous materials 
                type, by tonnage and ton-miles, and by mode, 
                both domestically and across United States 
                borders; and
                  (B) a summary of shipment estimates during 
                such period as a proxy for risk.
  (i) Security Sensitive Information.--
          (1) If the Secretary determines that particular 
        information may reveal a vulnerability of a hazardous 
        material to attack during transportation in commerce, 
        or may facilitate the diversion of hazardous material 
        during transportation in commerce for use in an attack 
        on people or property, the Secretary may disclose such 
        information only--
                  (A) to the owner, custodian, offeror, or 
                carrier of such hazardous material;
                  (B) to an officer, employee, or agent of the 
                United States Government, or a State or local 
                government, including volunteer fire 
                departments, concerned with carrying out 
                transportation safety laws, protecting 
                hazardous material in the course of 
                transportation in commerce, protecting public 
                safety or national security, or enforcing 
                Federal law designed to protect public health 
                or the environment; or
                  (C) in an administrative or judicial 
                proceeding brought under this chapter, under 
                other Federal law intended to protect public 
                health or the environment, or under other 
                Federal law intended to address terrorist 
                actions or threats of terrorist actions.
          (2) The Secretary may make determinations under 
        paragraph (1) of this subsection with respect 
        categories of information in accordance with 
        regulations prescribed by the Secretary.
          (3) A release of information pursuant to a 
        determination under paragraph (1) of this subsection 
        shall not be treated as a release of such information 
        to the public for purposes of section 552 of title 5.

Sec. 5122. Enforcement

  (a) General.--At the request of the Secretary [of 
Transportation,] the Attorney General may bring a civil action 
in an appropriate district court of the United States to 
enforce this [chapter or a regulation prescribed or order] 
chapter, a regulation prescribed under this chapter, or an 
order, special permit, or approval issued under this chapter. 
[The court may award appropriate relief, including punitive 
damages.] In an action under this subsection, the court may 
award appropriate relief, including a temporary or permanent 
injunction, civil penalties under section 5123 of this title, 
and punitive damages.
  (b) Imminent Hazards.--(1) If the Secretary has reason to 
believe that an imminent hazard exists, the Secretary may bring 
a civil action in an appropriate district court of the United 
States--
          (A) to suspend or restrict the transportation of the 
        hazardous material responsible for the hazard; or
          (B) to eliminate or [ameliorate] mitigate the hazard.
  (2) On request of the Secretary, the Attorney General shall 
bring an action under paragraph (1) of this subsection.
  (c) Withholding of Clearance.--(1) If any owner, operator, or 
individual in charge of a vessel is liable for a civil penalty 
under section 5123 of this title or for a fine under section 
5124 of this title, or if reasonable cause exists to believe 
that such owner, operator, or individual in charge may be 
subject to such a civil penalty or fine, the Secretary of the 
Treasury, upon the request of the Secretary, shall with respect 
to such vessel refuse or revoke any clearance required by 
section 4197 of the Revised Statutes of the United States (46 
App. U.S.C. 91).
  (2) Clearance refused or revoked under this subsection may be 
granted upon the filing of a bond or other surety satisfactory 
to the Secretary.

Sec. 5123. Civil penalty

  (a) Penalty.--(1) A person that knowingly violates this 
chapter or a [regulation prescribed or order issued] 
regulation, order, special permit, or approval issued under 
this chapter is liable to the United States Government for a 
civil penalty of at least $250 but not more than [$25,000] 
$32,500 for each violation. A person acts knowingly when--
          (A) the person has actual knowledge of the facts 
        giving rise to the violation; or
          (B) a reasonable person acting in the circumstances 
        and exercising reasonable care would have that 
        knowledge.
  (2) If the Secretary finds that a violation under paragraph 
(1) results in death, serious illness, or severe injury to any 
person, the Secretary may increase the amount of the civil 
penalty for such violation to not more than $100,000.
  (3) If the violation is related to training, paragraph (1) 
shall be applied by substituting `$450' for `$250'.
  [(2)] (4) A separate violation occurs for each day the 
violation, committed by a person that transports or causes to 
be transported hazardous material, continues.
  (b) Hearing Requirement.--The Secretary [of Transportation] 
may find that a person has violated this [chapter or a 
regulation prescribed] chapter, a regulation prescribed under 
this chapter, or an order, special permit, or approval issued 
under this chapter only after notice and an opportunity for a 
hearing. The Secretary shall impose a penalty under this 
section by giving the person written notice of the amount of 
the penalty.
  (c) Penalty Considerations.--In determining the amount of a 
civil penalty under this section, the Secretary shall 
consider--
          (1) the nature, circumstances, extent, and gravity of 
        the violation;
          (2) with respect to the violator, the degree of 
        culpability, any history of prior violations, the 
        ability to pay, and any effect on the ability to 
        continue to do business; and
          (3) other matters that justice requires.
  (d) Civil Actions To Collect.--The Attorney General may bring 
a civil action in an appropriate district court of the United 
States to collect a civil penalty under this [section.] section 
and any accrued interest on the civil penalty as calculated in 
accordance with section 1005 of the Oil Pollution Act of 1990 
(33 U.S.C. 2705). In the civil action, the amount and 
appropriateness of the civil penalty shall not be subject to 
review.
  (e) Compromise.--The Secretary may compromise the amount of a 
civil penalty imposed under this section before referral to the 
Attorney General.
  (f) Setoff.--The Government may deduct the amount of a civil 
penalty imposed or compromised under this section from amounts 
it owes the person liable for the penalty.
  (g) Depositing Amounts Collected.--Amounts collected under 
this section shall be deposited in the Treasury as 
miscellaneous receipts.

Sec. 5124. Criminal penalty

  (a) In General._A person knowingly violating section 5104(b) 
of this title or willfully violating this [chapter or a 
regulation prescribed or order] chapter, a regulation 
prescribed under this chapter, or an order, special permit, or 
approval issued under this chapter shall be fined under title 
18, imprisoned for not more than 5 years, or both.
  (b) Aggravated Violations.--A person knowingly violating 
section 5104(b) of this title or willfully violating this 
chapter or a regulation prescribed, or an order, special 
permit, or approval issued, under this chapter, who thereby 
causes the release of hazardous material shall be fined under 
title 18, imprisoned for not more than 20 years, or both.
  (c) Separate Violations.--A separate violation occurs for 
each day the violation, committed by a person who transports or 
causes to be transported hazardous material, continues.

Sec. 5125. Preemption

  (a) Purposes.--The Secretary shall exercise the authority in 
this section--
          (1) to achieve uniform regulation of the 
        transportation of hazardous material;
          (2) to eliminate rules that are inconsistent with the 
        regulations prescribed under this chapter; and
          (3) to otherwise promote the safe and efficient 
        movement of hazardous material in commerce.
  [(a)] (b) [General .--Except as provided in subsections (b), 
(c), and (e)] Preemption Generally._Except as provided in 
subsections (c), (d), and (f) of this section and unless 
authorized by another law of the United States, a requirement 
of a State, political subdivision of a State, or Indian tribe 
is preempted if--
          (1) complying with a requirement of the State, 
        political subdivision, or tribe and a requirement of 
        this chapter, a regulation prescribed under this 
        chapter, or a hazardous materials transportation 
        security regulation or directive issued by the 
        Secretary of Homeland Security is not possible; or
          (2) the requirement of the State, political 
        subdivision, or tribe, as applied or enforced, is an 
        obstacle to accomplishing and carrying out this 
        chapter, a regulation prescribed under this chapter, or 
        a hazardous materials transportation security 
        regulation or directive issued by the Secretary of 
        Homeland Security.
  [(b)] (c) Substantive Differences.--(1) Except as provided in 
[subsection (c)] subsection (d) of this section and unless 
authorized by another law of the United States, a law, 
regulation, order, or other requirement of a State, political 
subdivision of a State, or Indian tribe about any of the 
following subjects, that is not substantively the same as a 
provision of this chapter, a regulation prescribed under this 
chapter, or a hazardous materials transportation security 
regulation or directive issued by the Secretary of Homeland 
Security, is preempted:
          (A) the designation, description, and classification 
        of hazardous material.
          (B) the packing, repacking, handling, labeling, 
        marking, and placarding of hazardous material.
          (C) the preparation, execution, and use of shipping 
        documents related to hazardous material and 
        requirements related to the number, contents, and 
        placement of those documents.
          (D) the written notification, recording, and 
        reporting of the unintentional release in 
        transportation of hazardous material.
          [(E) the design, manufacturing, fabricating, marking, 
        maintenance, reconditioning, repairing, or testing of a 
        packaging or a container represented, marked, 
        certified, or sold as qualified for use in transporting 
        hazardous material.]
          (E) the designing, manufacturing, fabricating, 
        inspecting, marking, maintaining, reconditioning, 
        repairing, or testing a package, container, or 
        packaging component that is represented, marked, 
        certified, or sold by that person as qualified for use 
        in transporting hazardous material in commerce.
  (2) If the Secretary [of Transportation] prescribes or has 
prescribed under section 5103(b), 5104, 5110, or 5112 of this 
title or prior comparable provision of law a regulation or 
standard related to a subject referred to in paragraph (1) of 
this subsection, a State, political subdivision of a State, or 
Indian tribe may prescribe, issue, maintain, and enforce only a 
law, regulation, standard, or order about the subject that is 
substantively the same as a provision of this chapter or a 
regulation prescribed or order issued under this chapter. The 
Secretary shall decide on and publish in the Federal Register 
the effective date of section 5103(b) of this title for any 
regulation or standard about any of those subjects that the 
Secretary [prescribes after November 16, 1990. However, the] 
prescribes. The effective date may not be earlier than 90 days 
after the Secretary prescribes the regulation or standard nor 
later than the last day of the 2-year period beginning on the 
date the Secretary prescribes the regulation or standard.
  (3) If a State, political subdivision of a State, or Indian 
tribe imposes a fine or penalty the Secretary decides is 
appropriate for a violation related to a subject referred to in 
paragraph (1) of this subsection, an additional fine or penalty 
may not be imposed by any other authority.
  [(c)] (d) Compliance With Section 5112(b) Regulations.--(1) 
Except as provided in paragraph (2) of this subsection, after 
the last day of the 2-year period beginning on the date a 
regulation is prescribed under section 5112(b) of this title, a 
State or Indian tribe may establish, maintain, or enforce a 
highway routing designation over which hazardous material may 
or may not be transported by motor vehicles, or a limitation or 
requirement related to highway routing, only if the 
designation, limitation, or requirement complies with section 
5112(b).
  (2)(A) A highway routing designation, limitation, or 
requirement established before the date a regulation is 
prescribed under section 5112(b) of this title does not have to 
comply with section 5112(b)(1)(B), (C), and (F).
  (B) This subsection and section 5112 of this title do not 
require a State or Indian tribe to comply with section 
5112(b)(1)(I) if the highway routing designation, limitation, 
or requirement was established before November 16, 1990.
  (C) The Secretary may allow a highway routing designation, 
limitation, or requirement to continue in effect until a 
dispute related to the designation, limitation, or requirement 
is resolved under section 5112(d) of this title.
  [(d)] (e) Decisions on Preemption.--(1) A person (including a 
State, political subdivision of a State, or Indian tribe) 
directly affected by a requirement of a State, political 
subdivision, or tribe may apply to the Secretary, as provided 
by regulations prescribed by the Secretary, for a decision on 
whether the requirement is preempted by [subsection (a), 
(b)(1), or (c) of this section.] subsection (b), (c)(1), or (d) 
of this section or section 5119(b) of this title. The Secretary 
shall publish notice of the application in the Federal 
Register. The Secretary shall issue a decision on an 
application for a determination within 180 days after the date 
of the publication of the notice of having received such 
application, or the Secretary shall publish a statement in the 
Federal Register of the reason why the Secretary's decision on 
the application is delayed, along with an estimate of the 
additional time necessary before the decision is made. After 
notice is published, an applicant may not seek judicial relief 
on the same or substantially the same issue until the Secretary 
takes final action on the application or until 180 days after 
the application is filed, whichever occurs first.
  (2) After consulting with States, political subdivisions of 
States, and Indian tribes, the Secretary shall prescribe 
regulations for carrying out paragraph (1) of this subsection.
  (3) Subsection (a) of this section does not prevent a State, 
political subdivision of a State, or Indian tribe, or another 
person directly affected by a requirement, from seeking a 
decision on preemption from a court of competent jurisdiction 
instead of applying to the Secretary under paragraph (1) of 
this subsection.
  [(e)] (f) Waiver of Preemption.--A State, political 
subdivision of a State, or Indian tribe may apply to the 
Secretary for a waiver of preemption of a requirement the 
State, political subdivision, or tribe acknowledges is 
preempted by [subsection (a), (b)(1), or (c) of this section.] 
subsection (b), (c)(1), or (d) of this section or section 
5119(b) of this title. Under a procedure the Secretary 
prescribes by regulation, the Secretary may waive preemption on 
deciding the requirement--
          (1) provides the public at least as much protection 
        as do requirements of this chapter and regulations 
        prescribed under this chapter; and
          (2) is not an unreasonable burden on commerce.
  [(f) Judicial Review.--A party to a proceeding under 
subsection (d) or (e) of this section may bring a civil action 
in an appropriate district court of the United States for 
judicial review of the decision of the Secretary not later than 
60 days after the decision becomes final.]
  (g) Fees.--(1) A State, political subdivision of a State, or 
Indian tribe may impose a fee related to transporting hazardous 
material only if the fee is fair and used for a purpose related 
to transporting hazardous material, including enforcement and 
planning, developing, and maintaining a capability for 
emergency response.
  (2) A State or political subdivision thereof or Indian tribe 
that levies a fee in connection with the transportation of 
hazardous materials shall, upon the Secretary's request, report 
to the Secretary on--
          (A) the basis on which the fee is levied upon persons 
        involved in such transportation;
          (B) the purposes for which the revenues from the fee 
        are used;
          (C) the annual total amount of the revenues collected 
        from the fee; and
          (D) such other matters as the Secretary requests.
  (h) Application of Each Preemption Standard.--Each standard 
for preemption in subsection (b), (c)(1), or (d) of this 
section, and in section 5119(b) of this title, is independent 
in its application to a requirement of a State, political 
subdivision of a State, or Indian tribe.
  (i) Non-Federal Enforcement Standards.--This section does not 
apply to any procedure, penalty, required mental state, or 
other standard utilized by a State, political subdivision of a 
State, or Indian tribe to enforce a requirement applicable to 
the transportation of hazardous material.

Sec. 5126. Relationship to other laws

  (a) Contracts.--A person under contract with a department, 
agency, or instrumentality of the United States Government that 
transports [or causes to be transported hazardous material, or 
manufactures, fabricates, marks, maintains, reconditions, 
repairs, or tests a packaging or a container that the person 
represents, marks, certifies, or sells] hazardous material, or 
causes hazardous material to be transported, or designs, 
manufactures, fabricates, inspects, marks, maintains, 
reconditions, repairs, or tests a package, container, or 
packaging component that is represented as qualified for use in 
transporting hazardous material [must] shall comply with this 
chapter, regulations prescribed and orders issued under this 
chapter, and all other requirements of the Government, State 
and local governments, and Indian tribes (except a requirement 
preempted by a law of the United States) in the same way and to 
the same extent that any person engaging in that 
transportation, [manufacturing, fabricating, marking, 
maintenance, reconditioning, repairing, or testing] designing, 
manufacturing, fabricating, inspecting, marking, maintaining, 
reconditioning, repairing, or testing that is in or affects 
commerce must comply with the provision, regulation, order, or 
requirement.
  (b) Nonapplication.--This chapter does not apply to--
          (1) a pipeline subject to regulation under chapter 
        601 of this title; or
          (2) any matter that is subject to the postal laws and 
        regulations of the United States under this chapter or 
        title 18 or [39.] 39, except in the case of an imminent 
        hazard.

Sec. 5127. Judicial review

  (a) Filing and Venue.--Except as provided in section 20114(c) 
of this title, a person adversely affected or aggrieved by a 
final action of the Secretary under this chapter may petition 
for review of the final action in the United States Court of 
Appeals for the District of Columbia or in the court of appeals 
of the United States for the circuit in which the person 
resides or has a principal place of business. The petition 
shall be filed not more than 60 days after the action of the 
Secretary becomes final.
  (b) Procedures.--When a petition on a final action is filed 
under subsection (a) of this section, the clerk of the court 
shall immediately send a copy of the petition to the Secretary. 
The Secretary shall file with the court a record of any 
proceeding in which the final action was issued as provided in 
section 2112 of title 28.
  (c) Authority of Court.--The court in which a petition on a 
final action is filed under subsection (a) of this section has 
exclusive jurisdiction, as provided in subchapter II of chapter 
5 of title 5 to affirm or set aside any part of the final 
action and may order the Secretary to conduct further 
proceedings.
  (d) Requirement for Prior Objections.--In reviewing a final 
action under this section, the court may consider an objection 
to the final action only if--
          (1) the objection was made in the course of a 
        proceeding or review conducted by the Secretary; or
          (2) there was a reasonable ground for not making the 
        objection in the proceeding.

Sec. [5127. Authorization of appropriations

  [(a) General.--Not more than $18,000,000 may be appropriated 
to the Secretary of Transportation for fiscal year 1993, 
$18,000,000 for fiscal year 1994, $18,540,000 for fiscal year 
1995, $19,100,000 for fiscal year 1996, and $19,670,000 for 
fiscal year 1997 to carry out this chapter (except sections 
5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119).
  [(b) Training of Hazmat Employee Instructors.--(1) There is 
authorized to be appropriated to the Secretary $3,000,000 for 
each of fiscal years 1995, 1996, 1997, and 1998 to carry out 
section 5107(e).
  [(2)(A) There shall be available to the Secretary for 
carrying out section 5116(j), from amounts in the account 
established pursuant to section 5116(i), $250,000 for each of 
fiscal years 1995, 1996, 1997, and 1998.
  [(B) In addition to amounts made available under subparagraph 
(A), there is authorized to be appropriated to the Secretary 
for carrying out section 5116(j) $1,000,000 for each of the 
fiscal years 1995, 1996, 1997, and 1998.
  [(c) Training Curriculum.--(1) Not more than $1,000,000 is 
available to the Secretary of Transportation from the account 
established under section 5116(i) of this title for each of the 
fiscal years ending September 30, 1993-1998, to carry out 
section 5115 of this title.
  [(2) The Secretary of Transportation may transfer to the 
Director of the Federal Emergency Management Agency from 
amounts available under this subsection amounts necessary to 
carry out section 5115(d)(1) of this title.
  [(d) Planning and Training.--(1) Not more than $5,000,000 is 
available to the Secretary of Transportation from the account 
established under section 5116(i) of this title for each of the 
fiscal years ending September 30, 1993-1998, to carry out 
section 5116(a) of this title.
  [(2) Not more than $7,800,000 is available to the Secretary 
of Transportation from the account established under section 
5116(i) of this title for each of the fiscal years ending 
September 30, 1993-1998, to carry out section 5116(b) of this 
title.
  [(3) Not more than the following amounts are available from 
the account established under section 5116(i) of this title for 
each of the fiscal years ending September 30, 1993-1998, to 
carry out section 5116(f) of this title:
          [(A) $750,000 each to the Secretaries of 
        Transportation and Energy, Administrator of the 
        Environmental Protection Agency, and Director of the 
        Federal Emergency Management Agency.
          [(B) $200,000 to the Director of the National 
        Institute of Environmental Health Sciences.
  [(e) Uniform Forms and Procedures.--Not more than $400,000 
may be appropriated to the Secretary of Transportation for the 
fiscal year ending September 30, 1993, to carry out section 
5119 of this title.
  [(f) Credits to Appropriations.--The Secretary of 
Transportation may credit to any appropriation to carry out 
this chapter an amount received from a State, Indian tribe, or 
other public authority or private entity for expenses the 
Secretary incurs in providing training to the State, authority, 
or entity.
  [(g) Availability of Amounts.--Amounts available under 
subsections (c)-(e) of this section remain available until 
expended.]

Sec. 5128. Authorization of appropriations

  (a) General.--In order to carry out this chapter (except 
sections 5107(e), 5108(g), 5112, 5113, 5115, 5116, and 5119 of 
this title), the following amounts are authorized to be 
appropriated to the Secretary:
          (1) For fiscal year 2005, not more than $24,940,000.
          (2) For fiscal year 2006, not more than $29,000,000.
          (3) For each of fiscal years 2007 through 2009, not 
        more than $30,000,000.
  (b) Emergency Preparedness Fund.--There shall be available 
from the Emergency Preparedness Fund under section 5116(i) of 
this title, amounts as follows:
          (1) To carry out section 5107(e) of this title, 
        $4,000,000 for each of fiscal years 2005 through 2009.
          (2) To carry out section 5115 of this title, $200,000 
        for each of fiscal years 2005 through 2009.
          (3) To carry out sections 5116(a) and (b) of this 
        title, $21,800,000 for each of fiscal years 2005 
        through 2009, to be allocated as follows:
                  (A) $5,000,000 to carry out section 5116(a).
                  (B) $7,800,000 to carry out section 5116(b).
                  (C) Of the amount provided for by this 
                paragraph in excess of the suballocations in 
                subparagraphs (A) and (B)--
                          (i) 35 percent shall be used to carry 
                        out section 5116(a), and
                          (ii) 65 percent shall be used to 
                        carry out section 5116(b),
                except that the Secretary may increase the 
                proportion to carry out section 5116(b) and 
                decrease the proportion to carry out section 
                5116(a) if the Secretary determines that such 
                reallocation is appropriate to carry out the 
                intended uses of these funds as described in 
                the applications submitted by States and Indian 
                tribes.
          (4) To carry out section 5116(f) of this title, 
        $150,000 for each of fiscal years 2005 through 2009.
          (5) To carry out section 5116(i)(4) of this title, 
        $150,000 for each of fiscal years 2005 through 2009.
          (6) To carry out section 5116(j) of this title, 
        $1,000,000 for each of fiscal years 2005 through 2009.
          (7) To publish and distribute an emergency response 
        guidebook under section 5116(i)(3) of title 49, United 
        States Code, $750,000 for each of fiscal years 2005 
        through 2009.
  (c) Section 5121 Reports.--There are authorized to be 
appropriated to the Secretary of Transportation for the use of 
the Bureau of Transportation Statistics such sums as may be 
necessary to carry out section 5121(h) of this title.
  (d) Credit to Appropriations.--The Secretary may credit to 
any appropriation to carry out this chapter an amount received 
from a State, political subdivision of a State, Indian tribe, 
or other public authority or private entity for expenses the 
Secretary incurs in providing training to the State, political 
subdivision, Indian tribe, or other authority or entity.
  (e) Availability of Amounts.--Amounts available under 
subsections (a) and (b) of this section shall remain available 
until expended.

Sec. 5503. Office of Intermodalism

  (a) Establishment.--There is established in the Research and 
Innovative Technology Administration an Office of 
Intermodalism.
  (b) Director.--The head of the Office is a Director who shall 
be appointed by the Secretary.
  (c) Duties and Powers.--The Director shall carry out the 
duties of the Secretary described in section 301(3) of this 
title.
  (d) Research.--The Director shall--
          (1) coordinate United States Government research on 
        intermodal transportation as provided in the plan 
        developed under section 6009(b) of the Intermodal 
        Surface Transportation Efficiency Act of 1991 (Public 
        Law 102-240, 105 Stat. 2177); and
          (2) carry out additional research needs identified by 
        the Director.
  (e) Technical Assistance.--The Director shall provide 
technical assistance to States and to metropolitan planning 
organizations for urban areas having a population of at least 
1,000,000 in collecting data related to intermodal 
transportation to facilitate the collection of the data by 
States and metropolitan planning organizations. Amounts 
reserved under section 5504(d) not awarded to States as grants 
may be used by the Director to provide technical assistance 
under this subsection.
  (f) National Intermodal System Improvement Plan--
          (1) In general.--The Director, in consultation with 
        the advisory board established under section 5502 of 
        this title and other public and private transportation 
        interests, shall develop a plan to improve the national 
        intermodal transportation system. The plan shall 
        include--
                  (A) an assessment and forecast of the 
                national intermodal transportation system's 
                impact on mobility, safety, energy consumption, 
                the environment, technology, international 
                trade, economic activity, and quality of life 
                in the United States;
                  (B) an assessment of the operational and 
                economic attributes of each passenger and 
                freight mode of transportation and the optimal 
                role of each mode in the national intermodal 
                transportation system;
                  (C) a description of recommended intermodal 
                and multi-modal research and development 
                projects;
                  (D) a description of emerging trends that 
                have an impact on the national intermodal 
                transportation system;
                  (E) recommendations for improving intermodal 
                policy, transportation decisionmaking, and 
                financing to maximize mobility and the return 
                on investment of Federal spending on 
                transportation;
                  (F) an estimate of the impact of current 
                Federal and State transportation policy on the 
                national intermodal transportation system; and
                  (G) specific near and long-term goals for the 
                national intermodal transportation system.
          (2) Progress reports.--The Director shall submit an 
        initial report on the plan to improve the national 
        intermodal transportation system 2 years after the date 
        of enactment of the Surface Transportation Safety 
        Improvement Act of 2005, and a follow-up report 2 years 
        after that, to the Senate Committee on Commerce, 
        Science, and Transportation and the House of 
        Representatives Committee on Transportation and 
        Infrastructure. The progress report shall--
                  (A) describe progress made toward achieving 
                the plan's goals;
                  (B) describe challenges and obstacles to 
                achieving the plan's goals;
                  (C) update the plan to reflect changed 
                circumstances or new developments; and
                  (D) make policy and legislative 
                recommendations the Director believes are 
                necessary and appropriate to achieve the goals 
                of the plan.
          (3) Plan development funding.--Such sums as may be 
        necessary from the administrative expenses of the 
        Research and Innovative Technology Administration shall 
        be reserved each year for the purpose of completing and 
        updating the plan to improve the national intermodal 
        transportation plan.
  (g) Impact Measurement Methodology; Impact Review.--The 
Director and the Director of the Bureau of Transportation 
Statistics shall jointly--
          (1) develop, in consultation with the modal 
        administrations, and State and local planning 
        organizations, common measures to compare 
        transportation investment decisions across the various 
        modes of transportation; and
          (2) formulate a methodology for measuring the impact 
        of intermodal transportation on--
                  (A) the environment;
                  (B) public health and welfare;
                  (C) energy consumption;
                  (D) the operation and efficiency of the 
                transportation system;
                  (E) congestion, including congestion at the 
                Nation's ports; and
                  (F) the economy and employment.
  [(f)] (h) Administrative and Clerical Support.--The Director 
shall provide administrative and clerical support to the 
Intermodal Transportation Advisory Board.

[Sec. 5701. Findings

  [Congress finds that--
          [(1) the United States public is entitled to receive 
        food and other consumer products that are not made 
        unsafe because of certain transportation practices;
          [(2) the United States public is threatened by the 
        transportation of products potentially harmful to 
        consumers in motor vehicles and rail vehicles that are 
        used to transport food and other consumer products; and
          [(3) the risks to consumers by those transportation 
        practices are unnecessary and those practices must be 
        ended.]

Sec. 5701. Food transportation safety inspections

  (a) Inspection Procedures.--
          (1) In general.--The Secretary of Transportation, in 
        consultation with the Secretary of Health and Human 
        Services and the Secretary of Agriculture, shall--
                  (A) establish procedures for transportation 
                safety inspections for the purpose of 
                identifying suspected incidents of 
                contamination or adulteration of--
                          (i) food in violation of regulations 
                        promulgated under section 416 of the 
                        Federal Food, Drug, and Cosmetic Act;
                          (ii) meat subject to detention under 
                        section 402 of the Federal Meat 
                        Inspection Act (21 U.S.C. 672); and
                          (iii) poultry products subject to 
                        detention under section 19 of the 
                        Poultry Products Inspection Act (21 
                        U.S.C. 467a); and
                  (B) train personnel of the Department of 
                Transportation in the appropriate use of the 
                procedures.
          (2) Applicability.--The procedures established under 
        paragraph (1) of this subsection shall apply, at a 
        minimum, to Department of Transportation personnel that 
        perform commercial motor vehicle or railroad safety 
        inspections.
  (b) Notification of Secretary of Health and Human Services or 
Secretary of Agriculture.--The Secretary of Transportation 
shall promptly notify the Secretary of Health and Human 
Services or the Secretary of Agriculture, as applicable, of any 
instances of potential food contamination or adulteration of a 
food identified during transportation safety inspections.
  (c) Use of State Employees.--The means by which the Secretary 
of Transportation carries out subsection (b) of this section 
may include inspections conducted by State employees using 
funds authorized to be appropriated under sections 31102 
through 31104 of this title.

           *       *       *       *       *       *       *


Sec. 13102. Definitions

  In this part, the following definitions shall apply:
          (1) Board.--The term ``Board'' means the Surface 
        Transportation Board.
          (2) Broker.--The term ``broker'' means a person, 
        other than a motor carrier or an employee or agent of a 
        motor carrier, that as a principal or agent sells, 
        offers for sale, negotiates for, or holds itself out by 
        solicitation, advertisement, or otherwise as selling, 
        providing, or arranging for, transportation by motor 
        carrier for compensation.
          (3) Carrier.--The term ``carrier'' means a motor 
        carrier, a water carrier, and a freight forwarder.
          (4) Contract carriage.--The term ``contract 
        carriage'' means--
                  (A) for transportation provided before 
                January 1, 1996, service provided pursuant to a 
                permit issued under section 10923, as in effect 
                on December 31, 1995; and
                  (B) for transportation provided after 
                December 31, 1995, service provided under an 
                agreement entered into under section 14101(b).
          (5) Control.--The term ``control'', when referring to 
        a relationship between persons, includes actual 
        control, legal control, and the power to exercise 
        control, through or by--
                  (A) common directors, officers, stockholders, 
                a voting trust, or a holding or investment 
                company, or
                  (B) any other means.
          (6) Foreign motor carrier.--The term ``foreign motor 
        carrier'' means a person (including a motor carrier of 
        property but excluding a motor private carrier)--
                  (A)(i) that is domiciled in a contiguous 
                foreign country; or
                  (ii) that is owned or controlled by persons 
                of a contiguous foreign country; and
                  (B) in the case of a person that is not a 
                motor carrier of property, that provides 
                interstate transportation of property by motor 
                vehicle under an agreement or contract entered 
                into with a motor carrier of property (other 
                than a motor private carrier or a motor carrier 
                of property described in subparagraph (A)).
          (7) Foreign motor private carrier.--The term 
        ``foreign motor private carrier'' means a person 
        (including a motor private carrier but excluding a 
        motor carrier of property)--
                  (A)(i) that is domiciled in a contiguous 
                foreign country; or
                  (ii) that is owned or controlled by persons 
                of a contiguous foreign country; and
                  (B) in the case of a person that is not a 
                motor private carrier, that provides interstate 
                transportation of property by motor vehicle 
                under an agreement or contract entered into 
                with a person (other than a motor carrier of 
                property or a motor private carrier described 
                in subparagraph (A)).
          (8) Freight forwarder.--The term ``freight 
        forwarder'' means a person holding itself out to the 
        general public (other than as a pipeline, rail, motor, 
        or water carrier) to provide transportation of property 
        for compensation and in the ordinary course of its 
        business--
                  (A) assembles and consolidates, or provides 
                for assembling and consolidating, shipments and 
                performs or provides for break-bulk and 
                distribution operations of the shipments;
                  (B) assumes responsibility for the 
                transportation from the place of receipt to the 
                place of destination; and
                  (C) uses for any part of the transportation a 
                carrier subject to jurisdiction under this 
                subtitle.
        The term does not include a person using transportation 
        of an air carrier subject to part A of subtitle VII.
          (9) Highway.--The term ``highway'' means a road, 
        highway, street, and way in a State.
          (10) Household goods.--The term ``household goods'', 
        as used in connection with transportation, means 
        personal effects and property used or to be used in a 
        dwelling, when a part of the equipment or supply of 
        such dwelling, and similar property if the 
        transportation of such effects or property is--
                  (A) arranged and paid for by the householder, 
                except such term does not include property 
                moving from a factory or store, other than 
                property that the householder has purchased 
                with the intent to use in is or her dwelling 
                and is transported at the request of, and the 
                transportation charges are paid to the carrier 
                by, the householder; or
                  (B) arranged and paid for by another party.
          (11) Household goods freight forwarder.--The term 
        ``household goods freight forwarder'' means a freight 
        forwarder of one or more of the following items: 
        household goods, unaccompanied baggage, or used 
        automobiles.
          (12) Individual shipper.--The term `individual 
        shipper' means any person who--
                  (A) is the shipper, consignor, or consignee 
                of a household goods shipment;
                  (B) is identified as the shipper, consignor, 
                or consignee on the face of the bill of lading;
                  (C) owns the goods being transported; and
                  (D) pays his or her own tariff transportation 
                charges.
          [(12)] (13) Motor carrier.--The term ``motor 
        carrier'' means a person providing motor vehicle 
        transportation for compensation.
          [(13)] (14) Motor private carrier.--The term ``motor 
        private carrier'' means a person, other than a motor 
        carrier, transporting property by motor vehicle when--
                  (A) the transportation is as provided in 
                section 13501 of this title;
                  (B) the person is the owner, lessee, or 
                bailee of the property being transported; and
                  (C) the property is being transported for 
                sale, lease, rent, or bailment or to further a 
                commercial enterprise.
          [(14)] (15) Motor vehicle.--The term ``motor 
        vehicle'' means a vehicle, machine, tractor, trailer, 
        or semitrailer propelled or drawn by mechanical power 
        and used on a highway in transportation, or a 
        combination determined by the Secretary, but does not 
        include a vehicle, locomotive, or car operated only on 
        a rail, or a trolley bus operated by electric power 
        from a fixed overhead wire, and providing local 
        passenger transportation similar to street-railway 
        service.
          [(15)] (16) Noncontiguous domestic trade.--The term 
        ``noncontiguous domestic trade'' means transportation 
        subject to jurisdiction under chapter 135 involving 
        traffic originating in or destined to Alaska, Hawaii, 
        or a territory or possession of the United States.
          [(16)] (17) Person.--The term ``person'', in addition 
        to its meaning under section 1 of title 1, includes a 
        trustee, receiver, assignee, or personal representative 
        of a person.
          [(17)] (18) Pre-arranged ground transportation 
        service.--The term ``pre-arranged ground transportation 
        service'' means transportation for a passenger (or a 
        group of passengers) that is arranged in advance (or is 
        operated on a regular route or between specified 
        points) and is provided in a motor vehicle with a 
        seating capacity not exceeding 15 passengers (including 
        the driver).
          [(18)] (19) Secretary.--The term ``Secretary'' means 
        the Secretary of Transportation.
          [(19)] (20) State.--The term ``State'' means the 50 
        States of the United States and the District of 
        Columbia.
          [(20)] (21) Taxicab service.--The term ``taxicab 
        service'' means passenger transportation in a motor 
        vehicle having a capacity of not more than 8 passengers 
        (including the driver), not operated on a regular route 
        or between specified places, and that--
                  (A) is licensed as a taxicab by a State or a 
                local jurisdiction; or
                  (B) is offered by a person that--
                          (i) provides local transportation for 
                        a fare determined (except with respect 
                        to transportation to or from airports) 
                        primarily on the basis of the distance 
                        traveled; and
                          (ii) does not primarily provide 
                        transportation to or from airports.
          [(21)] (22 ) Transportation.--The term 
        ``transportation'' includes--
                  (A) a motor vehicle, vessel, warehouse, 
                wharf, pier, dock, yard, property, facility, 
                instrumentality, or equipment of any kind 
                related to the movement of passengers or 
                property, or both, regardless of ownership or 
                an agreement concerning use; and
                  (B) services related to that movement, 
                including arranging for, receipt, delivery, 
                elevation, transfer in transit, refrigeration, 
                icing, ventilation, storage, handling, packing, 
                unpacking, and interchange of passengers and 
                property.
          [(22)] (23) United states.--The term ``United 
        States'' means the States of the United States and the 
        District of Columbia.
          [(23)] (24) Vessel.--The term ``vessel'' means a 
        watercraft or other artificial contrivance that is 
        used, is capable of being used, or is intended to be 
        used, as a means of transportation by water.
          [(24)] (25) Water carrier.--The term ``water 
        carrier'' means a person providing water transportation 
        for compensation.

           *       *       *       *       *       *       *


Sec. 13107. Maintenance of effort for State recreational boating safety 
                    programs

  (a) In General.--The amount payable to a State for a fiscal 
year from an allocation under section 13103 of this chapter 
shall be reduced if the usual amounts expended by the State for 
the State's recreational boating safety program, as determined 
under section 13105 of this chapter, for the previous fiscal 
year is less than the average of the total of such expenditures 
for the 3 fiscal years immediately preceding that previous 
fiscal year. The reduction shall be proportionate, as a 
percentage, to the amount by which the level of State 
expenditures for such previous fiscal year is less than the 
average of the total of such expenditures for the 3 fiscal 
years immediately preceding that previous fiscal year.
  (b) Reduction of Threshold.--If the total amount available 
for allocation and distribution under this chapter in a fiscal 
year for all participating State recreational boating safety 
programs is less than such amount for the preceding fiscal 
year, the level of State expenditures required under subsection 
(a) of this section for the preceding fiscal year shall be 
decreased proportionately.
  (c) Waiver.--
          (1) In general.--Upon the written request of a State, 
        the Secretary may waive the provisions of subsection 
        (a) of this section for 1 fiscal year if the Secretary 
        determines that a reduction in expenditures for the 
        State's recreational boating safety program is 
        attributable to a non-selective reduction in 
        expenditures for the programs of all Executive branch 
        agencies of the State government, or for other reasons 
        if the State demonstrates to the Secretary's 
        satisfaction that such waiver is warranted.
          (2) 30-day decision.--The Secretary shall approve or 
        deny a request for a waiver not later than 30 days 
        after the date the request is received.

           *       *       *       *       *       *       *


Sec. 13506. Miscellaneous motor carrier transportation exemptions

  (a) In General.--Neither the Secretary nor the Board has 
jurisdiction under this part over--
          (1) a motor vehicle transporting only school children 
        and teachers to or from school;
          (2) a motor vehicle providing taxicab service;
          (3) a motor vehicle owned or operated by or for a 
        hotel and only transporting hotel patrons between the 
        hotel and the local station of a carrier;
          (4) a motor vehicle controlled and operated by a 
        farmer and transporting--
                  (A) the farmer's agricultural or 
                horticultural commodities and products; or
                  (B) supplies to the farm of the farmer;
          (5) a motor vehicle controlled and operated by a 
        cooperative association (as defined by section 15(a) of 
        the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or 
        by a federation of cooperative associations if the 
        federation has no greater power or purposes than a 
        cooperative association, except that if the cooperative 
        association or federation provides transportation for 
        compensation between a place in a State and a place in 
        another State, or between a place in a State and 
        another place in the same State through another State--
                  (A) for a nonmember that is not a farmer, 
                cooperative association, federation, or the 
                United States Government, the transportation 
                (except for transportation otherwise exempt 
                under this subchapter)--
                          (i) shall be limited to 
                        transportation incidental to the 
                        primary transportation operation of the 
                        cooperative association or federation 
                        and necessary for its effective 
                        performance; and
                          (ii) may not exceed in each fiscal 
                        year 25 percent of the total 
                        transportation of the cooperative 
                        association or federation between those 
                        places, measured by tonnage; and
                  (B) the transportation for all nonmembers may 
                not exceed in each fiscal year, measured by 
                tonnage, the total transportation between those 
                places for the cooperative association or 
                federation and its members during that fiscal 
                year;
          [(6) transportation by motor vehicle of--
                  [(A) ordinary livestock;
                  [(B) agricultural or horticultural 
                commodities (other than manufactured products 
                thereof);
                  [(C) commodities listed as exempt in the 
                Commodity List incorporated in ruling numbered 
                107, March 19, 1958, Bureau of Motor Carriers, 
                Interstate Commerce Commission, other than 
                frozen fruits, frozen berries, frozen 
                vegetables, cocoa beans, coffee beans, tea, 
                bananas, or hemp, or wool imported from a 
                foreign country, wool tops and noils, or wool 
                waste (carded, spun, woven, or knitted);
                  [(D) cooked or uncooked fish, whether breaded 
                or not, or frozen or fresh shellfish, or 
                byproducts thereof not intended for human 
                consumption, other than fish or shellfish that 
                have been treated for preserving, such as 
                canned, smoked, pickled, spiced, corned, or 
                kippered products; and
                  [(E) livestock and poultry feed and 
                agricultural seeds and plants, if such products 
                (excluding products otherwise exempt under this 
                paragraph) are transported to a site of 
                agricultural production or to a business 
                enterprise engaged in the sale to agricultural 
                producers of goods used in agricultural 
                production;]
          [(7)] (6) a motor vehicle used only to distribute 
        newspapers;
          [(8)(A)] (7)(A) transportation of passengers by motor 
        vehicle incidental to transportation by aircraft;
          (B) transportation of property (including baggage) by 
        motor vehicle as part of a continuous movement which, 
        prior or subsequent to such part of the continuous 
        movement, has been or will be transported by an air 
        carrier or (to the extent so agreed by the United 
        States and approved by the Secretary) by a foreign air 
        carrier; or
          (C) transportation of property by motor vehicle in 
        lieu of transportation by aircraft because of adverse 
        weather conditions or mechanical failure of the 
        aircraft or other causes due to circumstances beyond 
        the control of the carrier or shipper;
          [(9)] (8) the operation of a motor vehicle in a 
        national park or national monument;
          [(10)] (9) a motor vehicle carrying not more than 15 
        individuals in a single, daily roundtrip to commute to 
        and from work; or
          [(11) transportation of used pallets and used empty 
        shipping containers (including intermodal cargo 
        containers), and other used shipping devices (other 
        than containers or devices used in the transportation 
        of motor vehicles or parts of motor vehicles);
          [(12) transportation of natural, crushed, vesicular 
        rock to be used for decorative purposes;
          [(13) transportation of wood chips;]
          [(14)] (10) brokers for motor carriers of passengers, 
        except as provided in section [13904(d); or] 14904(d).
          [(15) transportation of broken, crushed, or powdered 
        glass.]
  (b) Exempt Unless Otherwise Necessary.--Except to the extent 
the Secretary or Board, as applicable, finds it necessary to 
exercise jurisdiction to carry out the transportation policy of 
section 13101, neither the Secretary nor the Board has 
jurisdiction under this part over--
          (1) transportation provided entirely in a 
        municipality, in contiguous municipalities, or in a 
        zone that is adjacent to, and commercially a part of, 
        the municipality or municipalities, except--
                  (A) when the transportation is under common 
                control, management, or arrangement for a 
                continuous carriage or shipment to or from a 
                place outside the municipality, municipalities, 
                or zone; or
                  (B) that in transporting passengers over a 
                route between a place in a State and a place in 
                another State, or between a place in a State 
                and another place in the same State through 
                another State, the transportation is exempt 
                from jurisdiction under this part only if the 
                motor carrier operating the motor vehicle also 
                is lawfully providing intrastate transportation 
                of passengers over the entire route under the 
                laws of each State through which the route 
                runs;
          (2) transportation by motor vehicle provided 
        casually, occasionally, or reciprocally but not as a 
        regular occupation or business, except when a broker or 
        other person sells or offers for sale passenger 
        transportation provided by a person authorized to 
        transport passengers by motor vehicle under an 
        application pending, or registration issued, under this 
        part; or
          (3) the emergency towing of an accidentally wrecked 
        or disabled motor vehicle.

Sec. 13507. Mixed loads of regulated and unregulated property

  A motor carrier of property providing transportation exempt 
from jurisdiction under paragraph [(6), (8), (11), (12), or 
(13)] (6) of section 13506(a) may transport property under such 
paragraph in the same vehicle and at the same time as property 
which the carrier is authorized to transport under a 
registration issued under section 13902(a). Such transportation 
shall not affect the unregulated status of such exempt property 
or the regulated status of the property which the carrier is 
authorized to transport under such registration.

Sec. 13707. Payment of rates

  (a) Transfer of Possession Upon Payment.--Except as provided 
in subsection (b), a carrier providing transportation or 
service subject to jurisdiction under this part shall give up 
possession at the destination of the property transported by it 
only when payment for the transportation or service is made.
  (b) Exceptions.--
          (1) Regulations.--Under regulations of the Secretary 
        governing the payment for transportation and service 
        and preventing discrimination, those carriers may give 
        up possession at destination of property transported by 
        them before payment for the transportation or service. 
        The regulations of the Secretary may provide for weekly 
        or monthly payment for transportation provided by motor 
        carriers and for periodic payment for transportation 
        provided by water carriers.
          (2) Extensions of credit to governmental entities.--
        Such a carrier (including a motor carrier being used by 
        a household goods freight forwarder) may extend credit 
        for transporting property for the United States 
        Government, a State, a territory or possession of the 
        United States, or a political subdivision of any of 
        them.
          (3) Shipments of household goods.--
                  (A) In general.--A carrier providing 
                transportation for a shipment of household 
                goods shall give up possession of the household 
                goods transported at the destination upon 
                payment of--
                          (i) 100 percent of the charges 
                        contained in a binding estimate 
                        provided by the carrier;
                          (ii) not more than 110 percent of the 
                        charges contained in a nonbinding 
                        estimate provided by the carrier; or
                          (iii) in the case of a partial 
                        delivery of the shipment, the prorated 
                        percentage of the charges calculated in 
                        accordance with subparagraph (B).
                  (B) Calculation of prorated charges.--For 
                purposes of subparagraph (A)(iii), the prorated 
                percentage of the charges shall be the 
                percentage of the total charges due to the 
                carrier as described in clause (i) or (ii) of 
                subparagraph (A) that is equal to the 
                percentage of the weight of that portion of the 
                shipment delivered to the total weight of the 
                shipment.
                  (C) Post-contract services.--Subparagraph (A) 
                does not apply to additional services requested 
                by a shipper after the contract of service is 
                executed that were not included in the 
                estimate.
                  (D) Impracticable operations.--Subparagraph 
                (A) does not apply to impracticable operations, 
                as defined by the applicable carrier tariff, 
                except that the charges collected at delivery 
                for such operations shall not exceed 15 percent 
                of all other charges due at delivery. Any 
                remaining charges due shall be paid within 30 
                days after the carrier presents its freight 
                bill.

Sec. 13902. Registration of motor carriers

  (a) Motor Carrier Generally.--
          (1) In general.--Except as provided in this section, 
        the Secretary shall register a person to provide 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 of this title as a motor carrier if 
        the Secretary finds that the person is willing and able 
        to comply with--
                  (A) this part and the applicable regulations 
                of the Secretary and the Board;
                  [(B) any safety regulations imposed by the 
                Secretary and the safety fitness requirements 
                established by the Secretary under section 
                31144; and]
                  (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
                  (C) the minimum financial responsibility 
                requirements established by the Secretary 
                pursuant to sections 13906 and 31138.
          (2) Consideration of evidence; findings.--The 
        Secretary shall consider and, to the extent applicable, 
        make findings on, any evidence demonstrating that the 
        registrant is unable to comply with the requirements of 
        subparagraph (A), (B), or (C) of paragraph (1).
          (3) Withholding.--If the Secretary determines that 
        any registrant under this section does not meet the 
        requirements of paragraph (1), the Secretary shall 
        withhold registration.
          (4) Limitation on complaints.--The Secretary may hear 
        a complaint from any person concerning a registration 
        under this subsection only on the ground that the 
        registrant fails or will fail to comply with this part, 
        the applicable regulations of the Secretary and the 
        Board, the safety regulations of the Secretary, or the 
        safety fitness or minimum financial responsibility 
        requirements of paragraph (1) of this subsection.
  (b) Motor Carriers of Passengers.--
          (1) Registration of private recipients of 
        governmental assistance.--The Secretary shall register 
        under subsection (a)(1) a private recipient of 
        governmental assistance to provide special or charter 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 as a motor carrier of passengers if 
        the Secretary finds that the recipient meets the 
        requirements of subsection (a)(1), unless the Secretary 
        finds, on the basis of evidence presented by any person 
        objecting to the registration, that the transportation 
        to be provided pursuant to the registration is not in 
        the public interest.
          (2) Registration of public recipients of governmental 
        assistance.--
                  (A) Charter transportation.--The Secretary 
                shall register under subsection (a)(1) a public 
                recipient of governmental assistance to provide 
                special or charter transportation subject to 
                jurisdiction under subchapter I of chapter 135 
                as a motor carrier of passengers if the 
                Secretary finds that--
                          (i) the recipient meets the 
                        requirements of subsection (a)(1); and
                          (ii)(I) no motor carrier of 
                        passengers (other than a motor carrier 
                        of passengers which is a public 
                        recipient of governmental assistance) 
                        is providing, or is willing to provide, 
                        the transportation; or
                          (II) the transportation is to be 
                        provided entirely in the area in which 
                        the public recipient provides regularly 
                        scheduled mass transportation services.
                  (B) Regular-route transportation.--The 
                Secretary shall register under subsection 
                (a)(1) a public recipient of governmental 
                assistance to provide regular-route 
                transportation subject to jurisdiction under 
                subchapter I of chapter 135 as a motor carrier 
                of passengers if the Secretary finds that the 
                recipient meets the requirements of subsection 
                (a)(1), unless the Secretary finds, on the 
                basis of evidence presented by any person 
                objecting to the registration, that the 
                transportation to be provided pursuant to the 
                registration is not in the public interest.
                  (C) Treatment of certain public recipients.--
                Any public recipient of governmental assistance 
                which is providing or seeking to provide 
                transportation of passengers subject to 
                jurisdiction under subchapter I of chapter 135 
                shall, for purposes of this part, be treated as 
                a person which is providing or seeking to 
                provide transportation of passengers subject to 
                such jurisdiction.
          (3) Intrastate transportation by interstate 
        carriers.--A motor carrier of passengers that is 
        registered by the Secretary under subsection (a) is 
        authorized to provide regular-route transportation 
        entirely in one State as a motor carrier of passengers 
        if such intrastate transportation is to be provided on 
        a route over which the carrier provides interstate 
        transportation of passengers.
          (4) Preemption of state regulation regarding certain 
        service.--No State or political subdivision thereof and 
        no interstate agency or other political agency of 2 or 
        more States shall enact or enforce any law, rule, 
        regulation, standard or other provision having the 
        force and effect of law relating to the provision of 
        pickup and delivery of express packages, newspapers, or 
        mail in a commercial zone if the shipment has had or 
        will have a prior or subsequent movement by bus in 
        intrastate commerce and, if a city within the 
        commercial zone, is served by a motor carrier of 
        passengers providing regular-route transportation of 
        passengers subject to jurisdiction under subchapter I 
        of chapter 135.
          (5) Jurisdiction over certain intrastate 
        transportation.--Subject to section 14501(a), any 
        intrastate transportation authorized by this subsection 
        shall be treated as transportation subject to 
        jurisdiction under subchapter I of chapter 135 until 
        such time as the carrier takes such action as is 
        necessary to establish under the laws of such State 
        rates, rules, and practices applicable to such 
        transportation, but in no case later than the 30th day 
        following the date on which the motor carrier of 
        passengers first begins providing transportation 
        entirely in one State under this paragraph.
          (6) Special operations.--This subsection shall not 
        apply to any regular-route transportation of passengers 
        provided entirely in one State which is in the nature 
        of a special operation.
          (7) Suspension or revocation.--Intrastate 
        transportation authorized under this subsection may be 
        suspended or revoked by the Secretary under section 
        13905 of this title at any time.
          (8) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Public recipient of governmental 
                assistance.--The term ``public recipient of 
                governmental assistance'' means--
                          (i) any State,
                          (ii) any municipality or other 
                        political subdivision of a State,
                          (iii) any public agency or 
                        instrumentality of one or more States 
                        and municipalities and political 
                        subdivisions of a State,
                          (iv) any Indian tribe, and
                          (v) any corporation, board, or other 
                        person owned or controlled by any 
                        entity described in clause (i), (ii), 
                        (iii), or (iv),
                which before, on, or after January 1, 1996, 
                received governmental assistance for the 
                purchase or operation of any bus.
                  (B) Private recipient of government 
                assistance.--The term ``private recipient of 
                government assistance'' means any person (other 
                than a person described in subparagraph (A)) 
                who before, on, or after January 1, 1996, 
                received governmental financial assistance in 
                the form of a subsidy for the purchase, lease, 
                or operation of any bus.
  (c) Restrictions on Motor Carriers Domiciled in or Owned or 
Controlled by Nationals of a Contiguous Foreign Country.--
          (1) Prevention of discriminatory practices.--If the 
        President, or the delegate thereof, determines that an 
        act, policy, or practice of a foreign country 
        contiguous to the United States, or any political 
        subdivision or any instrumentality of any such country 
        is unreasonable or discriminatory and burdens or 
        restricts United States transportation companies 
        providing, or seeking to provide, motor carrier 
        transportation to, from, or within such foreign 
        country, the President or such delegate may--
                  (A) seek elimination of such practices 
                through consultations; or
                  (B) notwithstanding any other provision of 
                law, suspend, modify, amend, condition, or 
                restrict operations, including geographical 
                restriction of operations, in the United States 
                by motor carriers of property or passengers 
                domiciled in such foreign country or owned or 
                controlled by persons of such foreign country.
          (2) Equalization of treatment.--Any action taken 
        under paragraph (1)(A) to eliminate an act, policy, or 
        practice shall be so devised so as to equal to the 
        extent possible the burdens or restrictions imposed by 
        such foreign country on United States transportation 
        companies.
          (3) Removal or modification.--The President, or the 
        delegate thereof, may remove or modify in whole or in 
        part any action taken under paragraph (1)(A) if the 
        President or such delegate determines that such removal 
        or modification is consistent with the obligations of 
        the United States under a trade agreement or with 
        United States transportation policy.
          (4) Protection of existing operations.--Unless and 
        until the President, or the delegate thereof, makes a 
        determination under paragraph (1) or (3), nothing in 
        this subsection shall affect--
                  (A) operations of motor carriers of property 
                or passengers domiciled in any contiguous 
                foreign country or owned or controlled by 
                persons of any contiguous foreign country 
                permitted in the commercial zones along the 
                United States-Mexico border as such zones were 
                defined on December 31, 1995; or
                  (B) any existing restrictions on operations 
                of motor carriers of property or passengers 
                domiciled in any contiguous foreign country or 
                owned or controlled by persons of any 
                contiguous foreign country or any modifications 
                thereof pursuant to section 6 of the Bus 
                Regulatory Reform Act of 1982.
          (5) Publication; comment.--Unless the President, or 
        the delegate thereof, determines that expeditious 
        action is required, the President shall publish in the 
        Federal Register any determination under paragraph (1) 
        or (3), together with a description of the facts on 
        which such a determination is based and any proposed 
        action to be taken pursuant to paragraph (1)(B) or (3), 
        and provide an opportunity for public comment.
          (6) Delegation to secretary.--The President may 
        delegate any or all authority under this subsection to 
        the Secretary, who shall consult with other agencies as 
        appropriate. In accordance with the directions of the 
        President, the Secretary may issue regulations to 
        enforce this subsection.
          (7) Civil actions.--Either the Secretary or the 
        Attorney General may bring a civil action in an 
        appropriate district court of the United States to 
        enforce this subsection or a regulation prescribed or 
        order issued under this subsection. The court may award 
        appropriate relief, including injunctive relief.
          (8) Limitation on statutory construction.--This 
        subsection shall not be construed as affecting the 
        requirement for all foreign motor carriers and foreign 
        motor private carriers operating in the United States 
        to comply with all applicable laws and regulations 
        pertaining to fitness, safety of operations, financial 
        responsibility, and taxes imposed by section 4481 of 
        the Internal Revenue Code of 1986.
  (d) Transition Rule.--
          (1) In general.--Pending the implementation of the 
        rulemaking required by section 13908, the Secretary may 
        register a person under this section--
                  (A) as a motor common carrier if such person 
                would have been issued a certificate to provide 
                transportation as a motor common carrier under 
                this subtitle on December 31, 1995; and
                  (B) as a motor contract carrier if such 
                person would have been issued a permit to 
                provide transportation as a motor contract 
                carrier under this subtitle on such day.
          (2) Definitions.--In this subsection, the terms 
        ``motor common carrier'' and ``motor contract carrier'' 
        have the meaning such terms had under section 10102 as 
        such section was in effect on December 31, 1995.
          (3) Termination.--This subsection shall cease to be 
        in effect on the transition termination date.
  (e) Penalties for Failure To Comply With Registration 
Requirements.--In addition to other penalties available under 
law, motor carriers that fail to register their operations as 
required by this section or that operate beyond the scope of 
their registrations may be subject to the following penalties:
          (1) Out-of-service orders.--If, upon inspection or 
        investigation, the Secretary determines that a motor 
        vehicle providing transportation requiring registration 
        under this section is operating without a registration 
        or beyond the scope of its registration, the Secretary 
        may order the vehicle out-of-service. Subsequent to the 
        issuance of the out-of-service order, the Secretary 
        shall provide an opportunity for review in accordance 
        with section 554 of title 5, United States Code; except 
        that such review shall occur not later than 10 days 
        after issuance of such order.
          (2) Permission for operations.--A person domiciled in 
        a country contiguous to the United States with respect 
        to which an action under subsection (c)(1)(A) or 
        (c)(1)(B) is in effect and providing transportation for 
        which registration is required under this section shall 
        maintain evidence of such registration in the motor 
        vehicle when the person is providing the 
        transportation. The Secretary shall not permit the 
        operation in interstate commerce in the United States 
        of any motor vehicle in which there is not a copy of 
        the registration issued pursuant to this section.
  (f) Modification of Carrier Registration.--
          (1) In general.--On and after the transition 
        termination date, the Secretary--
                  (A) may not register a motor carrier under 
                this section as a motor common carrier or a 
                motor contract carrier;
                  (B) shall register applicants under this 
                section as motor carriers; and
                  (C) shall issue any motor carrier registered 
                under this section after that date a motor 
                carrier certificate of registration that 
                specifies whether the holder of the certificate 
                may provide transportation of persons, 
                household goods, other property, or any 
                combination thereof.
          (2) Pre-existing certificates and permits.--The 
        Secretary shall redesignate any motor carrier 
        certificate or permit issued before the transition 
        termination date as a motor carrier certificate of 
        registration. On and after the transition termination 
        date, any person holding a motor carrier certificate of 
        registration redesignated under this paragraph may 
        provide both contract carriage (as defined in section 
        13102(4)(B) of this title) and transportation under 
        terms and conditions meeting the requirements of 
        section 13710(a)(1) of this title. The Secretary may 
        not, pursuant to any regulation or form issued before 
        or after the transition termination date, make any 
        distinction among holders of motor carrier certificates 
        of registration on the basis of whether the holder 
        would have been classified as a common carrier or as a 
        contract carrier under--
                  (A) subsection (d) of this section, as that 
                section was in effect before the transition 
                termination date; or
                  (B) any other provision of this title that 
                was in effect before the transition termination 
                date.
          (3) Transition termination date defined.--In 
        subsection (d) and this subsection, the term 
        ``transition termination date'' means the first day of 
        January occurring more than 12 months after the date of 
        enactment of the Unified Carrier Registration Act of 
        2005.
  [(f)] (g) Motor Carrier Defined.--In this section and 
sections 13905 and 13906, the term ``motor carrier'' includes 
foreign motor private carriers.

Sec. 13905. Effective periods of registration

  (a) Person Holding ICC Authority.--Any person having 
authority to provide transportation or service as a motor 
carrier, freight forwarder, or broker under this title, as in 
effect on December 31, 1995, shall be deemed, for purposes of 
this part, to be registered to provide such transportation or 
service under this part.
  (b) Person Registered With Secretary.--
          (1) In general.--Except as provided in paragraph (2), 
        any person having registered with the Secretary to 
        provide transportation or service as a motor carrier or 
        motor private carrier under this title, as in effect on 
        January 1, 2005, but not having registered pursuant to 
        section 13902(a) of this title, shall be deemed, for 
        purposes of this part, to be registered to provide such 
        transportation or service for purposes of sections 
        13908 and 14504a of this title.
          (2) Exclusively intrastate operators.--Paragraph (1) 
        does not apply to a motor carrier or motor private 
        carrier (including a transporter of waste or recyclable 
        materials) engaged exclusively in intrastate 
        transportation operations.
  [(b)] (c) In General.--Except as otherwise provided in this 
part, each registration issued under section 13902, 13903, or 
13904 shall be effective from the date specified by the 
Secretary and shall remain in effect for such period as the 
Secretary determines appropriate by regulation.
  [(c)] (d) Suspension, Amendments, and Revocations.--
          (1) In general.--On application of the registrant, 
        the Secretary may amend or revoke a registration. On 
        complaint or on the Secretary's own initiative and 
        after notice and an opportunity for a proceeding, the 
        Secretary may (A) suspend, amend, or revoke any part of 
        the registration of a motor carrier, broker, or freight 
        forwarder for willful failure to comply with this part, 
        an applicable regulation or order of the Secretary or 
        of the Board, or a condition of its registration; and 
        (B) suspend, amend, or revoke any part of the 
        registration of a motor carrier, broker, or freight 
        forwarder: (i) for failure to pay a civil penalty 
        imposed under chapter 5, 51, 149, or 311 of this title; 
        or (ii) for failure to arrange and abide by an 
        acceptable payment plan for such civil penalty, within 
        90 days of the time specified by order of the Secretary 
        for the payment of such penalty. Subparagraph (B) shall 
        not apply to any person who is unable to pay a civil 
        penalty because such person is a debtor in a case under 
        chapter 11 of title 11, United States Code.
          (2) Regulations.--Not later than 12 months after the 
        date of the enactment of this paragraph, the Secretary, 
        after notice and opportunity for public comment, shall 
        issue regulations to provide for the suspension, 
        amendment, or revocation of a registration under this 
        part for failure to pay a civil penalty as provided in 
        paragraph (1)(B).
  [(d)] (e) Procedure.--Except on application of the 
registrant, the Secretary may revoke a registration of a motor 
carrier, freight forwarder, or broker, only after--
          (1) the Secretary has issued an order to the 
        registrant under section 14701 requiring compliance 
        with this part, a regulation of the Secretary, or a 
        condition of the registration; and
          (2) the registrant willfully does not comply with the 
        order for a period of 30 days.
  [(e)] (f) Expedited Procedure.--
          [(1) Protection of safety.--Without regard to 
        subchapter II of chapter 5 of title 5, the Secretary 
        may suspend the registration of a motor carrier, a 
        freight forwarder, or a broker for failure to comply 
        with safety requirements of the Secretary or the safety 
        fitness requirements pursuant to section 13904(c), 
        13906, or 31144 of this title, or an order or 
        regulation of the Secretary prescribed under those 
        sections.]
          (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) Imminent hazard to public health.--Without regard 
        to subchapter II of chapter 5 of title 5, the Secretary 
        [may suspend a registration] shall revoke the 
        registration of a motor carrier of passengers if the 
        Secretary finds that such carrier has been conducting 
        unsafe operations which are an imminent hazard to 
        public health or property.
          [(3) Notice; period of suspension.--The Secretary may 
        suspend under this subsection the registration only 
        after giving notice of the suspension to the 
        registrant. The suspension remains in effect until the 
        registrant complies with those applicable sections or, 
        in the case of a suspension under paragraph (2), until 
        the Secretary revokes such suspension.]
          (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. 13906. Security of motor carriers, motor private carriers, 
                    brokers, and freight forwarders

  (a) Motor Carrier Requirements.--
          (1) Liability insurance requirement.--The Secretary 
        may register a motor carrier under section 13902 only 
        if the registrant files with the Secretary a bond, 
        insurance policy, or other type of security approved by 
        the Secretary, in an amount not less than such amount 
        as the Secretary prescribes pursuant to, or as is 
        required by, sections 31138 and 31139, and the laws of 
        the State or States in which the registrant is 
        operating, to the extent applicable. The security must 
        be sufficient to pay, not more than the amount of the 
        security, for each final judgment against the 
        registrant 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 (except property referred to in 
        paragraph (3) of this subsection), or both. A 
        registration remains in effect only as long as the 
        registrant continues to satisfy the security 
        requirements of this paragraph.
          (2) Security requirement.--Not later than 120 days 
        after the date of enactment of the Unified Carrier 
        Registration Act of 2005, any person, other than a 
        motor private carrier, registered with the Secretary to 
        provide transportation or service as a motor carrier 
        under section 13905(b) of this title shall file with 
        the Secretary a bond, insurance policy, or other type 
        of security approved by the Secretary, in an amount not 
        less than required by sections 31138 and 31139 of this 
        title.
          [(2)] (3) Agency requirement.--A motor carrier shall 
        comply with the requirements of sections 13303 and 
        13304. To protect the public, the Secretary may require 
        any such motor carrier to file the type of security 
        that a motor carrier is required to file under 
        paragraph (1) of this subsection. This paragraph only 
        applies to a foreign motor private carrier and foreign 
        motor carrier operating in the United States to the 
        extent that such carrier is providing transportation 
        between places in a foreign country or between a place 
        in one foreign country and a place in another foreign 
        country.
          [(3)] (4) Transportation insurance.--The Secretary 
        may require a registered motor carrier to file with the 
        Secretary a type of security sufficient to pay a 
        shipper or consignee for damage to property of the 
        shipper or consignee placed in the possession of the 
        motor carrier as the result of transportation provided 
        under this part. A carrier required by law to pay a 
        shipper or consignee for loss, damage, or default for 
        which a connecting motor carrier is responsible is 
        subrogated, to the extent of the amount paid, to the 
        rights of the shipper or consignee under any such 
        security.
  (b) Broker Requirements.--The Secretary may register a person 
as a broker under section 13904 only if the person files with 
the Secretary a bond, insurance policy, or other type of 
security approved by the Secretary to ensure that the 
transportation for which a broker arranges is provided. The 
registration remains in effect only as long as the broker 
continues to satisfy the security requirements of this 
subsection.
  (c) Freight Forwarder Requirements.--
          (1) Liability insurance.--The Secretary may register 
        a person as a freight forwarder under section 13903 of 
        this title only if the person files with the Secretary 
        a bond, insurance policy, or other type of security 
        approved by the Secretary. The security must be 
        sufficient to pay, not more than the amount of the 
        security, for each final judgment against the freight 
        forwarder for bodily injury to, or death of, an 
        individual, or loss of, or damage to, property (other 
        than property referred to in paragraph (2) of this 
        subsection), resulting from the negligent operation, 
        maintenance, or use of motor vehicles by or under the 
        direction and control of the freight forwarder when 
        providing transfer, collection, or delivery service 
        under this part.
          (2) Freight forwarder insurance.--The Secretary may 
        require a registered freight forwarder to file with the 
        Secretary a bond, insurance policy, or other type of 
        security approved by the Secretary sufficient to pay, 
        not more than the amount of the security, for loss of, 
        or damage to, property for which the freight forwarder 
        provides service.
          (3) Effective period.--The freight forwarder's 
        registration remains in effect only as long as the 
        freight forwarder continues to satisfy the security 
        requirements of this subsection.
  (d) Type of Insurance.--The Secretary may determine the type 
and amount of security filed under this section. A motor 
carrier may submit proof of qualifications as a self-insurer to 
satisfy the security requirements of this section. The 
Secretary shall adopt regulations governing the standards for 
approval as a self-insurer. Motor carriers which have been 
granted authority to self-insure as of January 1, 1996, shall 
retain that authority unless, for good cause shown and after 
notice and an opportunity for a hearing, the Secretary finds 
that the authority must be revoked.
  (e) Notice of Cancellation of Insurance.--The Secretary shall 
issue regulations requiring the submission to the Secretary of 
notices of insurance cancellation sufficiently in advance of 
actual cancellation so as to enable the Secretary to promptly 
revoke the registration of any carrier or broker after the 
effective date of the cancellation.
  (f) Form of Endorsement.--The Secretary shall also prescribe 
the appropriate form of endorsement to be appended to policies 
of insurance and surety bonds which will subject the insurance 
policy or surety bond to the full security limits of the 
coverage required under this section.

[Sec. 13908. Registration and other reforms

  [(a) Regulations Replacing Certain Programs.--The Secretary, 
in cooperation with the States, and after notice and 
opportunity for public comment, shall issue regulations to 
replace the current Department of Transportation identification 
number system, the single State registration system under 
section 14504, the registration system contained in this 
chapter, and the financial responsibility information system 
under section 13906 with a single, on-line, Federal system. The 
new system shall serve as a clearinghouse and depository of 
information on and identification of all foreign and domestic 
motor carriers, brokers, and freight forwarders, and others 
required to register with the Department as well as information 
on safety fitness and compliance with required levels of 
financial responsibility. In issuing the regulations, the 
Secretary shall consider whether or not to integrate the 
requirements of section 13304 into the new system and may 
integrate such requirements into the new system.
  [(b) Factors To Be Considered.--In conducting the rulemaking 
under subsection (a), the Secretary shall, at a minimum, 
consider the following factors:
          [(1) Funding for State enforcement of motor carrier 
        safety regulations.
          [(2) Whether the existing single State registration 
        system is duplicative and burdensome.
          [(3) The justification and need for collecting the 
        statutory fee for such system under section 
        14504(c)(2)(B)(iv).
          [(4) The public safety.
          [(5) The efficient delivery of transportation 
        services.
          [(6) How, and under what conditions, to extend the 
        registration system to motor private carriers and to 
        carriers exempt under sections 13502, 13503, and 13506.
  [(c) Fee System.--The Secretary may establish, under section 
9701 of title 31, a fee system for registration and filing 
evidence of financial responsibility under the new system under 
subsection (a). Fees collected under the fee system shall cover 
the costs of operating and upgrading the registration system, 
including all personnel costs associated with the system. Fees 
collected under this subsection may be credited to the 
Department of Transportation appropriations account for 
purposes for which such fees are collected, and shall be 
available for expenditure until expended.
  [(d) State Registration Programs.--If the Secretary 
determines that no State should require insurance filings or 
collect fees for such filings (including filings and fees 
authorized under section 14504), the Secretary may prevent any 
State or political subdivision thereof, or any political 
authority of 2 or more States, from imposing any insurance 
filing requirements or fees that are for the same purposes as 
filings or fees the Secretary requires under the new system 
under subsection (a). The Secretary may not take any action 
pursuant to this subsection unless--
          [(1) fees that will be collected by the Secretary 
        under subsection (c) and distributed in each fiscal 
        year to the States will provide each State with at 
        least as much revenue as that State received in fiscal 
        year 1995 under section 11506, as in effect on December 
        31, 1995; and
          [(2) all States will receive from the distribution of 
        such fees a minimum apportionment.
  [(e) Deadline for Conclusion; Modifications.--Not later than 
24 months after January 1, 1996, the Secretary--
          [(1) shall conclude the rulemaking under this 
        section;
          [(2) may implement such changes under this section as 
        the Secretary considers appropriate and in the public 
        interest; and
          [(3) shall transmit to Congress a report on any 
        findings of the rulemaking and the changes being 
        implemented under this section, together with such 
        recommendations for legislative language necessary to 
        conform this part to such changes.]

Sec. 13908. Registration and other reforms

  (a) Establishment of Unified Carrier Registration System.--
The Secretary, in cooperation with the States, representatives 
of the motor carrier, motor private carrier, freight forwarder 
and broker industries, and after notice and opportunity for 
public comment, shall issue within 1 year after the date of 
enactment of the Unified Carrier Registration Act of 2005 
regulations to establish, an online, Federal registration 
system to be named the Unified Carrier Registration System to 
replace--
          (1) the current Department of Transportation 
        identification number system, the Single State 
        Registration System under section 14504 of this title;
          (2) the registration system contained in this chapter 
        and the financial responsibility information system 
        under section 13906; and
          (3) the service of process agent systems under 
        sections 503 and 13304 of this title.
  (b) Role as Clearinghouse and Depository of Information.--The 
Unified Carrier Registration System shall serve as a 
clearinghouse and depository of information on, and 
identification of, all foreign and domestic motor carriers, 
motor private carriers, brokers, and freight forwarders, and 
others required to register with the Department, including 
information with respect to a carrier's safety rating, 
compliance with required levels of financial responsibility, 
and compliance with the provisions of section 14504a of this 
title. The Secretary shall ensure that Federal agencies, 
States, representatives of the motor carrier industry, and the 
public have access to the Unified Carrier Registration System, 
including the records and information contained in the System.
  (c) Procedures for Correcting Information.--Not later than 60 
days after the effective date of this section, the Secretary 
shall prescribe regulations establishing procedures that enable 
a motor carrier to correct erroneous information contained in 
any part of the Unified Carrier Registration System.
  (d) Fee System.--The Secretary shall establish, under section 
9701 of title 31, a fee system for the Unified Carrier 
Registration System according to the following guidelines:
          (1) Registration and filing evidence of financial 
        responsibility.--The fee for new registrants shall as 
        nearly as possible cover the costs of processing the 
        registration and conducting the safety audit or 
        examination, if required, but shall not exceed $300.
          (2) Evidence of financial responsibility.--The fee 
        for filing evidence of financial responsibility 
        pursuant to this section shall not exceed $10 per 
        filing. No fee shall be charged for a filing for 
        purposes of designating an agent for service of process 
        or the filing of other information relating to 
        financial responsibility.
          (3) Access and retrieval fees.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the fee system shall include 
                a nominal fee for the access to or retrieval of 
                information from the Unified Carrier 
                Registration System to cover the costs of 
                operating and upgrading the System, including 
                the personnel costs incurred by the Department 
                and the costs of administration of the Unified 
                Carrier Registration Agreement.
                  (B) Exceptions.--There shall be no fee 
                charged--
                          (i) to any agency of the Federal 
                        Government or a State government or any 
                        political subdivision of any such 
                        government for the access to or 
                        retrieval of information and data from 
                        the Unified Carrier Registration System 
                        for its own use; or
                          (ii) to any representative of a motor 
                        carrier, motor private carrier, leasing 
                        company, broker, or freight forwarder 
                        (as each is defined in section 14504a 
                        of this title) for the access to or 
                        retrieval of the individual information 
                        related to such entity from the Unified 
                        Carrier Registration System for the 
                        individual use of such entity.
  (e) Application to Certain Intrastate Operations.--Nothing in 
this section requires the registration of a motor carrier, a 
motor private carrier of property, or a transporter of waste or 
recyclable materials operating exclusively in intrastate 
transportation not otherwise required to register with the 
Secretary under another provision of this title.

Sec. 14104. Household goods carrier operations

  (a) General Regulatory Authority.--
          (1) Paperwork minimization.--The Secretary may issue 
        regulations, including regulations protecting 
        individual shippers, in order to carry out this part 
        with respect to the transportation of household goods 
        by motor carriers subject to jurisdiction under 
        subchapter I of chapter 135. The regulations and 
        paperwork required of motor carriers providing 
        transportation of household goods shall be minimized to 
        the maximum extent feasible consistent with the 
        protection of individual shippers.
          (2) Performance standards.--
                  (A) In general.--Regulations of the Secretary 
                protecting individual shippers shall include, 
                where appropriate, reasonable performance 
                standards for the transportation of household 
                goods subject to jurisdiction under subchapter 
                I of chapter 135.
                  (B) Factors to consider.--In establishing 
                performance standards under this paragraph, the 
                Secretary shall take into account at least the 
                following--
                          (i) the level of performance that can 
                        be achieved by a well-managed motor 
                        carrier transporting household goods;
                          (ii) the degree of harm to individual 
                        shippers which could result from a 
                        violation of the regulation;
                          (iii) the need to set the level of 
                        performance at a level sufficient to 
                        deter abuses which result in harm to 
                        consumers and violations of 
                        regulations;
                          (iv) service requirements of the 
                        carriers;
                          (v) the cost of compliance in 
                        relation to the consumer benefits to be 
                        achieved from such compliance; and
                          (vi) the need to set the level of 
                        performance at a level designed to 
                        encourage carriers to offer service 
                        responsive to shipper needs.
                  (3) Limitations on statutory construction.--
                Nothing in this section shall be construed to 
                limit the Secretary's authority to require 
                reports from motor carriers providing 
                transportation of household goods or to require 
                such carriers to provide specified information 
                to consumers concerning their past performance.
  (b) Estimates.--
          (1) Authority to provide without compensation.--Every 
        motor carrier providing transportation of household 
        goods subject to jurisdiction under subchapter I of 
        chapter 135, upon request of a prospective shipper, may 
        provide the shipper with an estimate of charges for 
        transportation of household goods and for the proposed 
        services. The Secretary shall not prohibit any such 
        carrier from charging a prospective shipper for 
        providing a written, binding estimate for the 
        transportation and proposed services.
          (2) Other information.--At the time that a motor 
        carrier provides the written estimate required by 
        paragraph (1), the motor carrier shall provide the 
        shipper a copy of the Department of Transportation 
        publication FMCSA-ESA-03-005 (or its successor edition 
        or publication) entitled `Ready to Move?'. Before the 
        execution of a contract for service, a motor carrier 
        shall provide the shipper a copy of the Department of 
        Transportation publication OCE 100, entitled `Your 
        Rights and Responsibilities When You Move' required by 
        section 375.2 of title 49, Code of Federal Regulations 
        (or any corresponding similar regulation).
          (3) Binding and nonbinding estimates.--The written 
        estimate required by paragraph (1) may be either 
        binding or nonbinding. The written estimate shall be 
        based on a visual inspection of the household goods if 
        the household goods are located within a 50-mile radius 
        of the location of the carrier's household goods agent 
        preparing the estimate. The Secretary may not prohibit 
        any such carrier from charging a prospective shipper 
        for providing a written, binding estimate for the 
        transportation and related services.
          [(2)] (4) Applicability of antitrust laws.--Any 
        charge for an estimate of charges provided by a motor 
        carrier to a shipper for transportation of household 
        goods subject to jurisdiction under subchapter I of 
        chapter 135 shall be subject to the antitrust laws, as 
        defined in the first section of the Clayton Act (15 
        U.S.C. 12).
  (c) Flexibility in Weighing Shipments.--The Secretary shall 
issue regulations that provide motor carriers providing 
transportation of household goods subject to jurisdiction under 
subchapter I of chapter 135 with the maximum possible 
flexibility in weighing shipments, consistent with assurance to 
the shipper of accurate weighing practices. The Secretary shall 
not prohibit such carriers from backweighing shipments or from 
basing their charges on the reweigh weights if the shipper 
observes both the tare and gross weighings (or, prior to such 
weighings, waives in writing the opportunity to observe such 
weighings) and such weighings are performed on the same scale.

           *       *       *       *       *       *       *


Sec. 14124. Consumer complaints

  (a) Establishment of System and Database.--The Secretary of 
Transportation shall--
          (1) establish a system to--
                  (A) file and log a complaint made by a 
                shipper that relates to motor carrier 
                transportation of household goods; and
                  (B) to solicit information gathered by a 
                State regarding the number and type of 
                complaints involving the interstate 
                transportation of household goods;
          (2) establish a database of such complaints; and
          (3) develop a procedure--
                  (A) to provide public access to the database, 
                subject to section 522a of title 5;
                  (B) to forward a complaint, including the 
                motor carrier bill of lading number, if known, 
                related to the complaint to a motor carrier 
                named in such complaint and to an appropriate 
                State authority (as defined in section 14710(c) 
                in the State in which the complainant resides; 
                and
                  (C) to permit a motor carrier to challenge 
                information in the database.
  (b) Summary to Congress.--The Secretary shall transmit a 
summary each year of the complaints filed and logged under 
subsection (a) for the preceding calendar year to the Senate 
Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and 
Infrastructure.

           *       *       *       *       *       *       *


Sec. 14501. Federal authority over intrastate transportation

  (a) Motor Carriers of Passengers.--
          (1) Limitation on state law.--No State or political 
        subdivision thereof and no interstate agency or other 
        political agency of 2 or more States shall enact or 
        enforce any law, rule, regulation, standard, or other 
        provision having the force and effect of law relating 
        to--
                  (A) scheduling of interstate or intrastate 
                transportation (including discontinuance or 
                reduction in the level of service) provided by 
                a motor carrier of passengers subject to 
                jurisdiction under subchapter I of chapter 135 
                of this title on an interstate route;
                  (B) the implementation of any change in the 
                rates for such transportation or for any 
                charter transportation except to the extent 
                that notice, not in excess of 30 days, of 
                changes in schedules may be required; or
                  (C) the authority to provide intrastate or 
                interstate charter bus transportation.
        This paragraph shall not apply to intrastate commuter 
        bus operations, or to intrastate bus transportation of 
        any nature in the State of Hawaii.
          (2) Matters not covered.--Paragraph (1) shall not 
        restrict the safety regulatory authority of a State 
        with respect to motor vehicles, the authority of a 
        State to impose highway route controls or limitations 
        based on the size or weight of the motor vehicle, or 
        the authority of a State to regulate carriers with 
        regard to minimum amounts of financial responsibility 
        relating to insurance requirements and self-insurance 
        authorization.
  (b) Freight Forwarders and Brokers.--
          (1) General rule.--Subject to paragraph (2) of this 
        subsection, no State or political subdivision thereof 
        and no intrastate agency or other political agency of 2 
        or more States shall enact or enforce any law, rule, 
        regulation, standard, or other provision having the 
        force and effect of law relating to intrastate rates, 
        intrastate routes, or intrastate services of any 
        freight forwarder or broker.
          (2) Continuation of hawaii's authority.--Nothing in 
        this subsection and the amendments made by the Surface 
        Freight Forwarder Deregulation Act of 1986 shall be 
        construed to affect the authority of the State of 
        Hawaii to continue to regulate a motor carrier 
        operating within the State of Hawaii.
  (c) Motor Carriers of Property.--
          (1) General rule.--Except as provided in paragraphs 
        (2) and (3), a State, political subdivision of a State, 
        or political authority of 2 or more States may not 
        enact or enforce a law, regulation, or other provision 
        having the force and effect of law related to a price, 
        route, or service of any motor carrier (other than a 
        carrier affiliated with a direct air carrier covered by 
        section 41713(b)(4)) or any motor private carrier, 
        broker, or freight forwarder with respect to the 
        transportation of property.
          (2) Matters not covered.--Paragraph (1)--
                  (A) shall not restrict the safety regulatory 
                authority of a State with respect to motor 
                vehicles, the authority of a State to impose 
                highway route controls or limitations based on 
                the size or weight of the motor vehicle or the 
                hazardous nature of the cargo, or the authority 
                of a State to regulate motor carriers with 
                regard to minimum amounts of financial 
                responsibility relating to insurance 
                requirements and self-insurance authorization;
                  (B) does not apply to the intrastate 
                transportation of household goods; and
                  (C) does not apply to the authority of a 
                State or a political subdivision of a State to 
                enact or enforce a law, regulation, or other 
                provision relating to the price of for-hire 
                motor vehicle transportation by a tow truck, if 
                such transportation is performed without the 
                prior consent or authorization of the owner or 
                operator of the motor vehicle.
          (3) State standard transportation practices.--
                  (A) Continuation.--Paragraph (1) shall not 
                affect any authority of a State, political 
                subdivision of a State, or political authority 
                of 2 or more States to enact or enforce a law, 
                regulation, or other provision, with respect to 
                the intrastate transportation of property by 
                motor carriers, related to--
                          (i) uniform cargo liability rules,
                          (ii) uniform bills of lading or 
                        receipts for property being 
                        transported,
                          (iii) uniform cargo credit rules,
                          (iv) antitrust immunity for joint 
                        line rates or routes, classifications, 
                        mileage guides, and pooling, or
                          (v) antitrust immunity for agent-van 
                        line operations (as set forth in 
                        section 13907),
                if such law, regulation, or provision meets the 
                requirements of subparagraph (B).
                  (B) Requirements.--A law, regulation, or 
                provision of a State, political subdivision, or 
                political authority meets the requirements of 
                this subparagraph if--
                          (i) the law, regulation, or provision 
                        covers the same subject matter as, and 
                        compliance with such law, regulation, 
                        or provision is no more burdensome than 
                        compliance with, a provision of this 
                        part or a regulation issued by the 
                        Secretary or the Board under this part; 
                        and
                          (ii) the law, regulation, or 
                        provision only applies to a carrier 
                        upon request of such carrier.
                  (C) Election.--Notwithstanding any other 
                provision of law, a carrier affiliated with a 
                direct air carrier through common controlling 
                ownership may elect to be subject to a law, 
                regulation, or provision of a State, political 
                subdivision, or political authority under this 
                paragraph.
          (4) Nonapplicability to hawaii.--This subsection 
        shall not apply with respect to the State of Hawaii.
  (d) Pre-Arranged Ground Transportation.--
          (1) In general-No State or political subdivision 
        thereof and no interstate agency or other political 
        agency of 2 or more States shall enact or enforce any 
        law, rule, regulation, standard or other provision 
        having the force and effect of law requiring a license 
        or fee on account of the fact that a motor vehicle is 
        providing pre-arranged ground transportation service if 
        the motor carrier providing such service--
                  (A) meets all applicable registration 
                requirements under chapter 139 for the 
                interstate transportation of passengers;
                  (B) meets all applicable vehicle and 
                intrastate passenger licensing requirements of 
                the State or States in which the motor carrier 
                is domiciled or registered to do business; and
                  (C) is providing such service pursuant to a 
                contract for--
                          (i) transportation by the motor 
                        carrier from one State, including 
                        intermediate stops, to a destination in 
                        another State; or
                          (ii) transportation by the motor 
                        carrier from one State, including 
                        intermediate stops in another State, to 
                        a destination in the original State.
          (2) Intermediate stop defined-In this section, the 
        term ``intermediate stop'', with respect to 
        transportation by a motor carrier, means a pause in the 
        transportation in order for one or more passengers to 
        engage in personal or business activity, but only if 
        the driver providing the transportation to such 
        passenger or passengers does not, before resuming the 
        transportation of such passenger (or at least 1 of such 
        passengers), provide transportation to any other person 
        not included among the passengers being transported 
        when the pause began.
          (3) Matters not covered-Nothing in this subsection 
        shall be construed--
                  (A) as subjecting taxicab service to 
                regulation under chapter 135 or section 31138;
                  (B) as prohibiting or restricting an airport, 
                train, or bus terminal operator from 
                contracting to provide preferential access or 
                facilities to one or more providers of pre-
                arranged ground transportation service; and
                  (C) as restricting the right of any State or 
                political subdivision of a State to require, in 
                a nondiscriminatory manner, that any individual 
                operating a vehicle providing prearranged 
                ground transportation service originating in 
                the State or political subdivision have 
                submitted to pre-licensing drug testing or a 
                criminal background investigation of the 
                records of the State in which the operator is 
                domiciled, by the State or political 
                subdivision by which the operator is licensed 
                to provide such service, or by the motor 
                carrier providing such service, as a condition 
                of providing such service.

Sec. 14504. Registration of motor carriers by a State

  (a) Definitions.--In this section, the terms ``standards'' 
and ``amendments to standards'' mean the specification of forms 
and procedures required by regulations of the Secretary to 
prove the lawfulness of transportation by motor carrier 
referred to in section 13501.
  (b) General Rule.--The requirement of a State that a motor 
carrier, providing transportation subject to jurisdiction under 
subchapter I of chapter 135 and providing transportation in 
that State, must register with the State is not an unreasonable 
burden on transportation referred to in section 13501 when the 
State registration is completed under standards of the 
Secretary under subsection (c). When a State registration 
requirement imposes obligations in excess of the standards of 
the Secretary, the part in excess is an unreasonable burden.
  (c) Single State Registration System.--
          (1) In general.--The Secretary shall maintain 
        standards for implementing a system under which--
                  (A) a motor carrier is required to register 
                annually with only one State by providing 
                evidence of its Federal registration under 
                chapter 139;
                  (B) the State of registration shall fully 
                comply with standards prescribed under this 
                section; and
                  (C) such single State registration shall be 
                deemed to satisfy the registration requirements 
                of all other States.
          (2) Specific requirements.--
                  (A) Evidence of federal registration; proof 
                of insurance; payment of fees.--Under the 
                standards of the Secretary implementing the 
                single State registration system described in 
                paragraph (1) of this subsection, only a State 
                acting in its capacity as registration State 
                under such single State system may require a 
                motor carrier registered by the Secretary under 
                this part--
                          (i) to file and maintain evidence of 
                        such Federal registration;
                          (ii) to file satisfactory proof of 
                        required insurance or qualification as 
                        a self-insurer;
                          (iii) to pay directly to such State 
                        fee amounts in accordance with the fee 
                        system established under subparagraph 
                        (B)(iv) of this paragraph, subject to 
                        allocation of fee revenues among all 
                        States in which the carrier operates 
                        and which participate in the single 
                        State registration system; and
                          (iv) to file the name of a local 
                        agent for service of process.
                  (B) Receipts; fee system.--The standards of 
                the Secretary--
                          (i) shall require that the 
                        registration State issue a receipt, in 
                        a form prescribed under the standards, 
                        reflecting that the carrier has filed 
                        proof of insurance as provided under 
                        subparagraph (A)(ii) of this paragraph 
                        and has paid fee amounts in accordance 
                        with the fee system established under 
                        clause (iv) of this subparagraph;
                          (ii) shall require that copies of the 
                        receipt issued under clause (i) of this 
                        subparagraph be kept in each of the 
                        carrier's commercial motor vehicles;
                          (iii) shall not require decals, 
                        stamps, cab cards, or any other means 
                        of registering or identifying specific 
                        vehicles operated by the carrier;
                          (iv) shall establish a fee system for 
                        the filing of proof of insurance as 
                        provided under subparagraph (A)(ii) of 
                        this paragraph that--
                                  (I) is based on the number of 
                                commercial motor vehicles the 
                                carrier operates in a State and 
                                on the number of States in 
                                which the carrier operates;
                                  (II) minimizes the costs of 
                                complying with the registration 
                                system; and
                                  (III) results in a fee for 
                                each participating State that 
                                is equal to the fee, not to 
                                exceed $10 per vehicle, that 
                                such State collected or charged 
                                as of November 15, 1991; and
                          (v) shall not authorize the charging 
                        or collection of any fee for filing and 
                        maintaining evidence of Federal 
                        registration under subparagraph (A)(i) 
                        of this paragraph.
                  (C) Prohibited fees.--The charging or 
                collection of any fee under this section that 
                is not in accordance with the fee system 
                established under subparagraph (B)(iv) of this 
                paragraph shall be deemed to be a burden on 
                interstate commerce.
                  (D) Limitation on participation by states.--
                Only a State which, as of January 1, 1991, 
                charged or collected a fee for a vehicle 
                identification stamp or number under part 1023 
                of title 49, Code of Federal Regulations, shall 
                be eligible to participate as a registration 
                State under this subsection or to receive any 
                fee revenue under this subsection.
  (d) Termination of Provisions.--Subsections (b) and (c) shall 
cease to be effective on the first January 1st occurring more 
than 12 months after the date of enactment of the Unified 
Carrier Registration Act of 2005.

Sec. 14504a. Unified carrier registration system plan and agreement

  (a) Definitions.--In this section and section 14506 of this 
title:
          (1) Commercial motor vehicle.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the term ``commercial motor 
                vehicle'' has the meaning given the term in 
                section 31101 of this title.
                  (B) Exception.--With respect to motor 
                carriers required to make any filing or pay any 
                fee to a State with respect to the motor 
                carrier's authority or insurance related to 
                operation within such State, the term 
                ``commercial motor vehicle'' means any self-
                propelled vehicle used on the highway in 
                commerce to transport passengers or property 
                for compensation regardless of the gross 
                vehicle weight rating of the vehicle or the 
                number of passengers transported by such 
                vehicle.
          (2) Base-state.--
                  (A) In general.--The term ``Base-State'' 
                means, with respect to the Unified Carrier 
                Registration Agreement, a State--
                          (i) that is in compliance with the 
                        requirements of subsection (e); and
                          (ii) in which the motor carrier, 
                        motor private carrier, broker, freight 
                        forwarder or leasing company maintains 
                        its principal place of business.
                  (B) Designation of base-state.--A motor 
                carrier, motor private carrier, broker, freight 
                forwarder or leasing company may designate 
                another State in which it maintains an office 
                or operating facility as its Base-State in the 
                event that--
                          (i) the State in which the motor 
                        carrier, motor private carrier, broker, 
                        freight forwarder or leasing company 
                        maintains its principal place of 
                        business is not in compliance with the 
                        requirements of subsection (e); or
                          (ii) the motor carrier, motor private 
                        carrier, broker, freight forwarder or 
                        leasing company does not have a 
                        principal place of business in the 
                        United States.
          (3) Intrastate fee.--The term ``intrastate fee'' 
        means any fee, tax, or other type of assessment, 
        including per vehicle fees and gross receipts taxes, 
        imposed on a motor carrier or motor private carrier for 
        the renewal of the intrastate authority or insurance 
        filings of such carrier with a State.
          (4) Leasing company.--The term `leasing company' 
        means a lessor that is engaged in the business of 
        leasing or renting for compensation motor vehicles 
        without drivers to a motor carrier, motor private 
        carrier, or freight forwarder.
          (5) Motor carrier.--The term ``motor carrier'' has 
        the meaning given the term in section 13102(12) of this 
        title, but shall include all carriers that are 
        otherwise exempt from the provisions of part B of this 
        title pursuant to the provisions of chapter 135 of this 
        title or exemption actions by the former Interstate 
        Commerce Commission under this title.
          (6) Participating state.--The term ``participating 
        state'' means a State that has complied with the 
        requirements of subsection (e) of this section.
          (7) SSRS.--The term ``SSRS'' means the Single State 
        Registration System in effect on the date of enactment 
        of the Unified Carrier Registration Act of 2005.
          (8) Unified carrier registration agreement.--The 
        terms ``Unified Carrier Registration Agreement'' and 
        ``UCR Agreement'' mean the interstate agreement 
        developed under the Unified Carrier Registration Plan 
        governing the collection and distribution of 
        registration and financial responsibility information 
        provided and fees paid by motor carriers, motor private 
        carriers, brokers, freight forwarders and leasing 
        companies pursuant to this section.
          (9) Unified carrier registration plan.--The terms 
        ``Unified Carrier Registration Plan'' and ``UCR Plan'' 
        mean the organization of State, Federal and industry 
        representatives responsible for developing, 
        implementing and administering the Unified Carrier 
        Registration Agreement.
          (10) Vehicle registration.--The term ``vehicle 
        registration'' means the registration of any commercial 
        motor vehicle under the International Registration Plan 
        or any other registration law or regulation of a 
        jurisdiction.
  (b) Applicability of Provisions to Freight Forwarders.--A 
Freight forwarder that operates commercial motor vehicles and 
is not required to register as a carrier pursuant to section 
13903(b) of this title shall be subject to the provisions of 
this section as if a motor carrier.
  (c) Unreasonable Burden.--For purposes of this section, it 
shall be considered an unreasonable burden upon interstate 
commerce for any State or any political subdivision of a State, 
or any political authority of 2 or more States--
          (1) to enact, impose, or enforce any requirement or 
        standards, or levy any fee or charge on any interstate 
        motor carrier or interstate motor private carrier in 
        connection with--
                  (A) the registration with the State of the 
                interstate operations of a motor carrier or 
                motor private carrier;
                  (B) the filing with the State of information 
                relating to the financial responsibility of a 
                motor carrier or motor private carrier pursuant 
                to sections 31138 or 31139 of this title;
                  (C) the filing with the State of the name of 
                the local agent for service of process of a 
                motor carrier or motor private carrier pursuant 
                to sections 503 or 13304 of this title; or
                  (D) the annual renewal of the intrastate 
                authority, or the insurance filings, of a motor 
                carrier or motor private carrier, or other 
                intrastate filing requirement necessary to 
                operate within the State, if the motor carrier 
                or motor private carrier is--
                          (i) registered in compliance with 
                        section 13902 or section 13905(b) of 
                        this title; and
                          (ii) in compliance with the laws and 
                        regulations of the State authorizing 
                        the carrier to operate in the State 
                        pursuant to section 14501(c)(2)(A) of 
                        this title
                except with respect to--
                                  (I) intrastate service 
                                provided by motor carriers of 
                                passengers that is not subject 
                                to the preemptive provisions of 
                                section 14501(a) of this title,
                                  (II) motor carriers of 
                                property, motor private 
                                carriers, brokers, or freight 
                                forwarders, or their services 
                                or operations, that are 
                                described in subparagraphs (B) 
                                and (C) of section 14501(c)(2) 
                                and section 14506(c)(3) or 
                                permitted pursuant to section 
                                14506(b) of this title, and
                                  (III) the intrastate 
                                transportation of waste or 
                                recyclable materials by any 
                                carrier); or
          (2) to require any interstate motor carrier or motor 
        private carrier to pay any fee or tax, not proscribed 
        by paragraph (1)(D) of this subsection, that a motor 
        carrier or motor private carrier that pays a fee which 
        is proscribed by that paragraph is not required to pay.
  (d) Unified Carrier Registration Plan.--
          (1) Board of directors.--
                  (A) Governance of plan.--The Unified Carrier 
                Registration Plan shall be governed by a Board 
                of Directors consisting of representatives of 
                the Department of Transportation, Participating 
                States, and the motor carrier industry.
                  (B) Number.--The Board shall consist of 15 
                directors.
                  (C) Composition.--The Board shall be composed 
                of directors appointed as follows:
                          (i) Federal motor carrier safety 
                        administration.--The Secretary shall 
                        appoint 1 director from each of the 
                        Federal Motor Carrier Safety 
                        Administration's 4 Service Areas (as 
                        those areas were defined by the Federal 
                        Motor Carrier Safety Administration on 
                        January 1, 2005), from among the chief 
                        administrative officers of the State 
                        agencies responsible for overseeing the 
                        administration of the UCR Agreement.
                          (ii) State agencies.--The Secretary 
                        shall appoint 5 directors from the 
                        professional staffs of State agencies 
                        responsible for overseeing the 
                        administration of the UCR Agreement in 
                        their respective States. Nominees for 
                        these 5 directorships shall be 
                        submitted to the Secretary by the 
                        national association of professional 
                        employees of the State agencies 
                        responsible for overseeing the 
                        administration of the UCR Agreement in 
                        their respective States.
                          (iii) Motor carrier industry.--The 
                        Secretary shall appoint 5 directors 
                        from the motor carrier industry. At 
                        least 1 of the appointees shall be an 
                        employee of the national trade 
                        association representing the general 
                        motor carrier of property industry.
                          (iv) Department of transportation.--
                        The Secretary shall appoint the Deputy 
                        Administrator of the Federal Motor 
                        Carrier Safety Administration, or such 
                        other presidential appointee from the 
                        United States Department of 
                        Transportation, as the Secretary may 
                        designate, to serve as a director.
                  (D) Chairperson and vice-chairperson.--The 
                Secretary shall designate 1 director as 
                Chairperson and 1 director as Vice-Chairperson 
                of the Board. The Chairperson and Vice-
                Chairperson shall serve in such capacity for 
                the term of their appointment as directors.
                  (E) Term.--In appointing the initial Board, 
                the Secretary shall designate 5 of the 
                appointed directors for initial terms of 3 
                years, 5 of the appointed directors for initial 
                terms of 2 years, and 5 of the appointed 
                directors for initial terms of 1 year. 
                Thereafter, all directors shall be appointed 
                for terms of 3 years, except that the term of 
                the Deputy Administrator or other individual 
                designated by the Secretary under subparagraph 
                (C)(iv) shall be at the discretion of the 
                Secretary. A director may be appointed to 
                succeed himself or herself. A director may 
                continue to serve on the Board until his or her 
                successor is appointed.
          (2) Rules and regulations governing the ucr 
        agreement.--The Board of Directors shall issue rules 
        and regulations to govern the UCR Agreement. The rules 
        and regulations shall--
                  (A) prescribe uniform forms and formats, 
                for--
                          (i) the annual submission of the 
                        information required by a Base-State of 
                        a motor carrier, motor private carrier, 
                        leasing company, broker, or freight 
                        forwarder;
                          (ii) the transmission of information 
                        by a Participating State to the Unified 
                        Carrier Registration System;
                          (iii) the payment of excess fees by a 
                        State to the designated depository and 
                        the distribution of fees by the 
                        depository to those States so entitled; 
                        and
                          (iv) the providing of notice by a 
                        motor carrier, motor private carrier, 
                        broker, freight forwarder, or leasing 
                        company to the Board of the intent of 
                        such entity to change its Base-State, 
                        and the procedures for a State to 
                        object to such a change under 
                        subparagraph (C) of this paragraph;
                  (B) provide for the administration of the 
                Unified Carrier Registration Agreement, 
                including procedures for amending the Agreement 
                and obtaining clarification of any provision of 
                the Agreement;
                  (C) provide procedures for dispute resolution 
                that provide due process for all involved 
                parties; and
                  (D) designate a depository.
          (3) Compensation and expenses.--Except for the 
        representative of the Department of Transportation 
        appointed pursuant to paragraph (1)(D), no director 
        shall receive any compensation or other benefits from 
        the Federal Government for serving on the Board or be 
        considered a Federal employee as a result of such 
        service. All Directors shall be reimbursed for expenses 
        they incur attending duly called meetings of the Board. 
        In addition, the Board may approve the reimbursement of 
        expenses incurred by members of any subcommittee or 
        task force appointed pursuant to paragraph (5). The 
        reimbursement of expenses to directors and subcommittee 
        and task force members shall be based on the then 
        applicable rules of the General Service Administration 
        governing reimbursement of expenses for travel by 
        Federal employees.
          (4) Meetings.--
                  (A) In general.--The Board shall meet at 
                least once per year. Additional meetings may be 
                called, as needed, by the Chairperson of the 
                Board, a majority of the directors, or the 
                Secretary.
                  (B) Quorum.--A majority of directors shall 
                constitute a quorum.
                  (C) Voting.--Approval of any matter before 
                the Board shall require the approval of a 
                majority of all directors present at the 
                meeting.
                  (D) Open meetings.--Meetings of the Board and 
                any subcommittees or task forces appointed 
                pursuant to paragraph (5) of this section shall 
                be subject to the provisions of section 552b of 
                title 5.
          (5) Subcommittees.--
                  (A) Industry advisory subcommittee.--The 
                Chairperson shall appoint an Industry Advisory 
                Subcommittee. The Industry Advisory 
                Subcommittee shall consider any matter before 
                the Board and make recommendations to the 
                Board.
                  (B) Other subcommittees.--The Chairperson 
                shall appoint an Audit Subcommittee, a Dispute 
                Resolution Subcommittee, and any additional 
                subcommittees and task forces that the Board 
                determines to be necessary.
                  (C) Membership.--The chairperson of each 
                subcommittee shall be a director. The other 
                members of subcommittees and task forces may be 
                directors or non-directors.
                  (D) Representation on subcommittees.--Except 
                for the Industry Advisory Subcommittee (the 
                membership of which shall consist solely of 
                representatives of entities subject to the fee 
                requirements of subsection (f) of this 
                section), each subcommittee and task force 
                shall include representatives of the 
                Participating States and the motor carrier 
                industry.
          (6) Delegation of authority.--The Board may contract 
        with any private commercial or non-profit entity or any 
        agency of a State to perform administrative functions 
        required under the Unified Carrier Registration 
        Agreement, but may not delegate its decision or policy-
        making responsibilities.
          (7) Determination of fees.--
                  (A) Recommendation by board.--The Board shall 
                recommend to the Secretary the annual fees to 
                be assessed carriers, leasing companies, 
                brokers, and freight forwarders pursuant to the 
                Unified Carrier Registration Agreement. In 
                making its recommendation to the Secretary for 
                the level of fees to be assessed in the next 
                Agreement year, and in setting the fee level, 
                the Board and the Secretary shall consider--
                          (i) the administrative costs 
                        associated with the Unified Carrier 
                        Registration Plan and the Agreement;
                          (ii) whether the revenues generated 
                        in the previous year and any surplus or 
                        shortage from that or prior years 
                        enable the Participating States to 
                        achieve the revenue levels set by the 
                        Board; and
                          (iii) the parameters for fees set 
                        forth in subsection (f)(1).
                  (B) Setting fees.--The Secretary shall set 
                the annual fees for the next Agreement year--
                          (i) within 90 days after receiving 
                        the Board's recommendation under 
                        subparagraph (A); and
                          (ii) after notice and opportunity for 
                        public comment.
          (8) Liability protections for directors.--No 
        individual appointed to serve on the Board shall be 
        liable to any other director or to any other party for 
        harm, either economic or non-economic, caused by an act 
        or omission of the individual arising from the 
        individual's service on the Board if--
                  (A) the individual was acting within the 
                scope of his or her responsibilities as a 
                director; and
                  (B) the harm was not caused by willful or 
                criminal misconduct, gross negligence, reckless 
                misconduct, or a conscious, flagrant 
                indifference to the right or safety of the 
                party harmed by the individual.
          (9) Inapplicability of federal advisory committee 
        act.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to the Unified Carrier 
        Registration Plan or its committees.
          (10) Certain fees not affected.--This section does 
        not limit the amount of money a State may charge for 
        vehicle registration or the amount of any fuel use tax 
        a State may impose pursuant to the International Fuel 
        Tax Agreement.
  (e) State Participation.--
          (1) State plan.--No State shall be eligible to 
        participate in the Unified Carrier Registration Plan or 
        to receive any revenues derived under the Agreement, 
        unless the State submits to the Secretary, not later 
        than 3 years after the date of enactment of the Unified 
        Carrier Registration Act of 2005, a plan--
                  (A) identifying the State agency that has or 
                will have the legal authority, resources, and 
                qualified personnel necessary to administer the 
                Unified Carrier Registration Agreement in 
                accordance with the rules and regulations 
                promulgated by the Board of Directors of the 
                Unified Carrier Registration Plan; and
                  (B) containing assurances that an amount at 
                least equal to the revenue derived by the State 
                from the Unified Carrier Registration Agreement 
                shall be used for motor carrier safety 
                programs, enforcement, and financial 
                responsibility, or the administration of the 
                UCR Plan and UCR Agreement.
          (2) Amended plans.--A State may change the agency 
        designated in the plan submitted under this subsection 
        by filing an amended plan with the Secretary and the 
        Chairperson of the Unified Carrier Registration Plan.
          (3) Withdrawal of plan.--If a State withdraws, or 
        notifies the Secretary that it is withdrawing, the plan 
        submitted under this subsection, then the State may no 
        longer participate in the Unified Carrier Registration 
        Agreement or receive any portion of the revenues 
        derived under the Agreement. The Secretary shall notify 
        the Chairperson upon receiving notice from a State that 
        it is withdrawing its plan or withdrawing from the 
        Agreement.
          (4) Termination of eligibility.--If a State fails to 
        submit a plan to the Secretary as required by paragraph 
        (1) or withdraws its plan under paragraph (3), the 
        State shall be prohibited from subsequently submitting 
        or resubmitting a plan or participating in the 
        Agreement.
          (5) Provision of plan to chairperson.--The Secretary 
        shall provide a copy of each plan submitted under this 
        subsection to the initial Chairperson of the Board of 
        Directors of the Unified Carrier Registration Plan not 
        later than 90 days of appointing the Chairperson.
  (f) Contents of Unified Carrier Registration Agreement.--The 
Unified Carrier Registration Agreement shall provide the 
following:
          (1) Determination of fees.--
                  (A) Fees charged motor carriers, motor 
                private carriers, or freight forwarders in 
                connection with the filing of proof of 
                financial responsibility under the UCR 
                Agreement shall be based on the number of 
                commercial motor vehicles owned or operated by 
                the motor carrier, motor private carrier, or 
                freight forwarder. Brokers and leasing 
                companies shall pay the same fees as the 
                smallest bracket of motor carriers, motor 
                private carriers, and freight forwarders.
                  (B) The fees shall be determined by the 
                Secretary based upon the recommendation of the 
                Board under subsection (d)(7).
                  (C) The Board shall develop no more than 6 
                and no less than 4 brackets of carriers by size 
                of fleet.
                  (D) The fee scale shall be progressive and 
                use different vehicle ratios for each bracket 
                of carrier fleet size.
                  (E) The Board may ask the Secretary to adjust 
                the fees within a reasonable range on an annual 
                basis if the revenues derived from the fees--
                          (i) are insufficient to provide the 
                        revenues to which the States are 
                        entitled under this section; or
                          (ii) exceed those revenues.
          (2) Determination of ownership or operation.--
        Commercial motor vehicles owned or operated by a motor 
        carrier, motor private carrier, or freight forwarder 
        shall mean those commercial motor vehicles registered 
        in the name of the motor carrier, motor private 
        carrier, or freight forwarder or controlled by the 
        motor carrier, motor private carrier, or freight 
        forwarder under a long term lease during a vehicle 
        registration year.
          (3) Calculation of number of commercial motor 
        vehicles owned or operated.--The number of commercial 
        motor vehicles owned or operated by a motor carrier, 
        motor private carrier, or freight forwarder for 
        purposes of paragraph (1) of this subsection shall be 
        based either on the number of commercial motor vehicles 
        the motor carrier, motor private carrier, or freight 
        forwarder has indicated it operates on its most 
        recently filed MCS-150 or the total number of such 
        vehicles it owned or operated for the 12-month period 
        ending on June 30 of the year immediately prior to the 
        each registration year of the Unified Carrier 
        Registration System. Commercial motor vehicles used 
        exclusively in the intrastate transportation of 
        property, waste, or recyclable material may not be 
        included in determining the number of commercial motor 
        vehicles owned or operated by a motor carrier or motor 
        private carrier for purposes of paragraph (1) of this 
        subsection.
          (4) Payment of fees.--Motor carriers, motor private 
        carriers, leasing companies, brokers, and freight 
        forwarders shall pay all fees required under this 
        section to their Base-State pursuant to the UCR 
        Agreement.
  (g) Payment of Fees.--Revenues derived under the UCR 
Agreement shall be allocated to Participating States as 
follows:
          (1) A State that participated in the Single State 
        Registration System in the last SSRS registration year 
        ending before the date of enactment of the Unified 
        Carrier Registration Act of 2005 and complies with the 
        requirements of subsection (e) of this section is 
        entitled to receive a portion of the UCR Agreement 
        revenues generated under the Agreement equivalent to 
        the revenues it received under the SSRS in the last 
        SSRS registration year ending before the date of 
        enactment of the Unified Carrier Registration Act of 
        2005, as long as the State continues to comply with the 
        provisions of subsection (e).
          (2) A State that collected intrastate registration 
        fees from interstate motor carriers, interstate motor 
        private carriers, or interstate exempt carriers and 
        complies with the requirements of subsection (e) of 
        this section is entitled to receive an additional 
        portion of the UCR Agreement revenues generated under 
        the Agreement equivalent to the revenues it received 
        from such interstate carriers in the last calendar year 
        ending before the date of enactment of the Unified 
        Carrier Registration Act of 2005, as long as the State 
        continues to comply with the provisions of subsection 
        (e).
          (3) States that comply with the requirements of 
        subsection (e) of this section but did not participate 
        in SSRS during the last SSRS registration year ending 
        before the date of enactment of the Unified Carrier 
        Registration Act of 2005 shall be entitled to an annual 
        allotment not to exceed $500,000 from the UCR Agreement 
        revenues generated under the Agreement as long as the 
        State continues to comply with the provisions of 
        subsection (e).
          (4) The amount of UCR Agreement revenues to which a 
        State is entitled under this section shall be 
        calculated by the Board and approved by the Secretary.
  (h) Distribution of UCR Agreement Revenues.--
          (1) Eligibility.--Each State that is in compliance 
        with the provisions of subsection (e) shall be entitled 
        to a portion of the revenues derived from the UCR 
        Agreement in accordance with subsection (g).
          (2) Entitlement to revenues.--A State that is in 
        compliance with the provisions of subsection (e) may 
        retain an amount of the gross revenues it collects from 
        motor carriers, motor private carriers, brokers, 
        freight forwarders and leasing companies under the UCR 
        Agreement equivalent to the portion of revenues to 
        which the State is entitled under subsection (g). All 
        revenues a Participating State collects in excess of 
        the amount to which the State is so entitled shall be 
        forwarded to the depository designated by the Board 
        under subsection (d)(2)(D).
          (3) Distribution of funds from depository.--The 
        excess funds collected in the depository shall be 
        distributed as follows:
                  (A) Excess funds shall be distributed on a 
                pro rata basis to each Participating State that 
                did not collect revenues under the UCR 
                Agreement equivalent to the amount such State 
                is entitled under subsection (g), except that 
                the sum of the gross UCR Agreement revenues 
                collected by a Participating State and the 
                amount distributed to it from the depository 
                shall not exceed the amount to which the State 
                is entitled under subsection (g).
                  (B) Any excess funds held by the depository 
                after all distributions under subparagraph (A) 
                have been made shall be used to pay the 
                administrative costs of the UCR Plan and the 
                UCR Agreement.
                  (C) Any excess funds held by the depository 
                after distributions and payments under 
                subparagraphs (A) and (B) shall be retained in 
                the depository, and the UCR Agreement fees for 
                motor carriers, motor private carriers, leasing 
                companies, freight forwarders, and brokers for 
                the next fee year shall be reduced by the 
                Secretary accordingly.
  (i) Enforcement.--
          (1) Civil actions.--Upon request by the Secretary of 
        Transportation, the Attorney General may bring a civil 
        action in a court of competent jurisdiction to enforce 
        compliance with this section and with the terms of the 
        Unified Carrier Registration Agreement.
          (2) Venue.--An action under this section may be 
        brought only in the Federal court sitting in the State 
        in which an order is required to enforce such 
        compliance.
          (3) Relief.--Subject to section 1341 of title 28, the 
        court, on a proper showing--
                  (A) shall issue a temporary restraining order 
                or a preliminary or permanent injunction; and
                  (B) may issue an injunction requiring that 
                the State or any person comply with this 
                section.
          (4) Enforcement by states.--Nothing in this section--
                  (A) prohibits a Participating State from 
                issuing citations and imposing reasonable fines 
                and penalties pursuant to applicable State laws 
                and regulations on any motor carrier, motor 
                private carrier, freight forwarder, broker, or 
                leasing company for failure to--
                          (i) submit documents as required 
                        under subsection (d)(2); or
                          (ii) pay the fees required under 
                        subsection (f); or
                  (B) authorizes a State to require a motor 
                carrier, motor private carrier, or freight 
                forwarder to display as evidence of compliance 
                any form of identification in excess of those 
                permitted under section 14506 of this title on 
                or in a commercial motor vehicle.
  (j) Application to Intrastate Carriers.--Notwithstanding any 
other provision of this section, a State may elect to apply the 
provisions of the UCR Agreement to motor carriers and motor 
private carriers subject to its jurisdiction that operate 
solely in intrastate commerce within the borders of the State.

           *       *       *       *       *       *       *


Sec. 14506. Identification of vehicles

  (a) Restriction on Requirements.--No State, political 
subdivision of a State, interstate agency, or other political 
agency of 2 or more States may enact or enforce any law, rule, 
regulation standard, or other provision having the force and 
effect of law that requires a motor carrier, motor private 
carrier, freight forwarder, or leasing company to display any 
form of identification on or in a commercial motor vehicle, 
other than forms of identification required by the Secretary of 
Transportation under section 390.21 of title 49, Code of 
Federal Regulations.
  (b) Exception.--Notwithstanding paragraph (a), a State may 
continue to require display of credentials that are required--
          (1) under the International Registration Plan under 
        section 31704 of this title;
          (2) under the International Fuel Tax Agreement under 
        section 31705 of this title;
          (3) in connection with Federal requirements for 
        hazardous materials transportation under section 5103 
        of this title; or
          (4) in connection with the Federal vehicle inspection 
        standards under section 31136 of this title.

           *       *       *       *       *       *       *


Sec. 14706. Liability of carriers under receipts and bills of lading

  (a) General Liability.--
          (1) Motor carriers and freight forwarders.--A carrier 
        providing transportation or service subject to 
        jurisdiction under subchapter I or III of chapter 135 
        shall issue a receipt or bill of lading for property it 
        receives for transportation under this part. That 
        carrier and any other carrier that delivers the 
        property and is providing transportation or service 
        subject to jurisdiction under subchapter I or III of 
        chapter 135 or chapter 105 are liable to the person 
        entitled to recover under the receipt or bill of 
        lading. The liability imposed under this paragraph is 
        for the actual loss or injury to the property caused by 
        (A) the receiving carrier, (B) the delivering carrier, 
        or (C) another carrier over whose line or route the 
        property is transported in the United States or from a 
        place in the United States to a place in an adjacent 
        foreign country when transported under a through bill 
        of lading and, except in the case of a freight 
        forwarder, applies to property reconsigned or diverted 
        under a tariff under section 13702. Failure to issue a 
        receipt or bill of lading does not affect the liability 
        of a carrier. A delivering carrier is deemed to be the 
        carrier performing the line-haul transportation nearest 
        the destination but does not include a carrier 
        providing only a switching service at the destination.
          (2) Freight forwarder.--A freight forwarder is both 
        the receiving and delivering carrier. When a freight 
        forwarder provides service and uses a motor carrier 
        providing transportation subject to jurisdiction under 
        subchapter I of chapter 135 to receive property from a 
        consignor, the motor carrier may execute the bill of 
        lading or shipping receipt for the freight forwarder 
        with its consent. With the consent of the freight 
        forwarder, a motor carrier may deliver property for a 
        freight forwarder on the freight forwarder's bill of 
        lading, freight bill, or shipping receipt to the 
        consignee named in it, and receipt for the property may 
        be made on the freight forwarder's delivery receipt.
  (b) Apportionment.--The carrier issuing the receipt or bill 
of lading under subsection (a) of this section or delivering 
the property for which the receipt or bill of lading was issued 
is entitled to recover from the carrier over whose line or 
route the loss or injury occurred the amount required to be 
paid to the owners of the property, as evidenced by a receipt, 
judgment, or transcript, and the amount of its expenses 
reasonably incurred in defending a civil action brought by that 
person.
  (c) Special Rules.--
          (1) Motor carriers.--
                  (A) Shipper waiver.--Subject to the 
                provisions of subparagraph (B), a carrier 
                providing transportation or service subject to 
                jurisdiction under subchapter I or III of 
                chapter 135 may, subject to the provisions of 
                this chapter (including with respect to a motor 
                carrier, the requirements of section 13710(a)), 
                establish rates for the transportation of 
                property (other than household goods described 
                in section 13102(10)(A)) under which the 
                liability of the carrier for such property is 
                limited to a value established by written or 
                electronic declaration of the shipper or by 
                written agreement between the carrier and 
                shipper if that value would be reasonable under 
                the circumstances surrounding the 
                transportation.
                  (B) Carrier notification.--If the motor 
                carrier is not required to file its tariff with 
                the Board, it shall provide under section 
                13710(a)(1) to the shipper, on request of the 
                shipper, a written or electronic copy of the 
                rate, classification, rules, and practices upon 
                which any rate applicable to a shipment, or 
                agreed to between the shipper and the carrier, 
                is based. The copy provided by the carrier 
                shall clearly state the dates of applicability 
                of the rate, classification, rules, or 
                practices.
                  (C) Prohibition against collective 
                establishment.--No discussion, consideration, 
                or approval as to rules to limit liability 
                under this subsection may be undertaken by 
                carriers acting under an agreement approved 
                pursuant to section 13703.
          (2) Water carriers.--If loss or injury to property 
        occurs while it is in the custody of a water carrier, 
        the liability of that carrier is determined by its bill 
        of lading and the law applicable to water 
        transportation. The liability of the initial or 
        delivering carrier is the same as the liability of the 
        water carrier.
  (d) Civil Actions.--
          (1) Against delivering carrier.--A civil action under 
        this section may be brought against a delivering 
        carrier in a district court of the United States or in 
        a State court. Trial, if the action is brought in a 
        district court of the United States is in a judicial 
        district, and if in a State court, is in a State 
        through which the defendant carrier operates.
          (2) Against carrier responsible for loss.--A civil 
        action under this section may be brought against the 
        carrier alleged to have caused the loss or damage, in 
        the judicial district in which such loss or damage is 
        alleged to have occurred.
          (3) Jurisdiction of courts.--A civil action under 
        this section may be brought in a United States district 
        court or in a State court.
          (4) Judicial district defined.--In this section, 
        ``judicial district'' means--
                  (A) in the case of a United States district 
                court, a judicial district of the United 
                States; and
                  (B) in the case of a State court, the 
                applicable geographic area over which such 
                court exercises jurisdiction.
  (e) Minimum Period for Filing Claims.--
          (1) In general.--A carrier may not provide by rule, 
        contract, or otherwise, a period of less than 9 months 
        for filing a claim against it under this section and a 
        period of less than 2 years for bringing a civil action 
        against it under this section. The period for bringing 
        a civil action is computed from the date the carrier 
        gives a person written notice that the carrier has 
        disallowed any part of the claim specified in the 
        notice.
          (2) Special rules.--For the purposes of this 
        subsection--
                  (A) an offer of compromise shall not 
                constitute a disallowance of any part of the 
                claim unless the carrier, in writing, informs 
                the claimant that such part of the claim is 
                disallowed and provides reasons for such 
                disallowance; and
                  (B) communications received from a carrier's 
                insurer shall not constitute a disallowance of 
                any part of the claim unless the insurer, in 
                writing, informs the claimant that such part of 
                the claim is disallowed, provides reason for 
                such disallowance, and informs the claimant 
                that the insurer is acting on behalf of the 
                carrier.
  (f) Limiting Liability of Household Goods Carriers to 
Declared Value.--
            (1) In general._A carrier or group of carriers 
        subject to jurisdiction under subchapter I or III of 
        chapter 135 may petition the Board to modify, 
        eliminate, or establish rates for the transportation of 
        household goods under which the liability of the 
        carrier for that property is limited to a value 
        established by written declaration of the shipper or by 
        a written agreement.
          (2) Full value protection obligation.--Unless the 
        carrier receives a waiver in writing under paragraph 
        (3), a carrier's maximum liability for household goods 
        that are lost, damaged, destroyed, or otherwise not 
        delivered to the final destination is an amount equal 
        to the replacement value of such goods, subject to a 
        maximum amount equal to the declared value of the 
        shipment, subject to rules issued by the Surface 
        Transportation Board and applicable tariffs.
          (3) Application of rates.--The released rates 
        established by the Board under paragraph (1) (commonly 
        known as `released rates') shall not apply to the 
        transportation of household goods by a carrier unless 
        the liability of the carrier for the full value of such 
        household goods under paragraph (2) is waived in 
        writing by the shipper.
  (g) Modifications and Reforms.--
          (1) Study.--The Secretary shall conduct a study to 
        determine whether any modifications or reforms should 
        be made to the loss and damage provisions of this 
        section, including those related to limitation of 
        liability by carriers.
          (2) Factors to consider.--In conducting the study, 
        the Secretary, at a minimum, shall consider--
                  (A) the efficient delivery of transportation 
                services;
                  (B) international and intermodal harmony;
                  (C) the public interest; and
                  (D) the interest of carriers and shippers.
          (3) Report.--Not later than 12 months after January 
        1, 1996, the Secretary shall submit to Congress a 
        report on the results of the study, together with any 
        recommendations of the Secretary (including legislative 
        recommendations) for implementing modifications or 
        reforms identified by the Secretary as being 
        appropriate.

Sec. 14708. Dispute settlement program for household goods carriers

  (a) Offering Shippers Arbitration.--As a condition of 
registration under section 13902 or 13903, a carrier providing 
transportation of household goods subject to jurisdiction under 
subchapter I or III of chapter 135 must agree to offer in 
accordance with this section to shippers of household goods 
arbitration as a means of settling disputes between such 
carriers and shippers of household goods concerning damage or 
loss to the household goods [transported.] transported and to 
determine whether carrier charges, in addition to those 
collected at delivery, must be paid by the shipper for 
transportation and services related to the transportation of 
household goods.
  (b) Arbitration Requirements.--
          (1) Prevention of special advantage.--The arbitration 
        that is offered must be designed to prevent a carrier 
        from having any special advantage in any case in which 
        the claimant resides or does business at a place 
        distant from the carrier's principal or other place of 
        business.
          (2) Notice of arbitration procedure.--The carrier 
        must provide the shipper an adequate notice of the 
        availability of neutral arbitration, including a 
        concise easy-to-read, accurate summary of the 
        arbitration procedure, any applicable costs, and 
        disclosure of the legal effects of election to utilize 
        arbitration. Such notice must be given to persons for 
        whom household goods are to be transported by the 
        carrier before such goods are tendered to the carrier 
        for transportation.
          (3) Provision of forms.--Upon request of a shipper, 
        the carrier must promptly provide such forms and other 
        information as are necessary for initiating an action 
        to resolve a dispute under arbitration.
          (4) Independence of arbitrator.--Each person 
        authorized to arbitrate or otherwise settle disputes 
        must be independent of the parties to the dispute and 
        must be capable, as determined under such regulations 
        as the Secretary may issue, to resolve such disputes 
        fairly and expeditiously. The carrier must ensure that 
        each person chosen to settle the disputes is authorized 
        and able to obtain from the shipper or carrier any 
        material and relevant information to the extent 
        necessary to carry out a fair and expeditious 
        decisionmaking process.
          (5) Apportionment of costs.--No shipper may be 
        charged more than half of the cost for instituting an 
        arbitration proceeding that is brought under this 
        section. In the decision, the arbitrator may determine 
        which party shall pay the cost or a portion of the cost 
        of the arbitration proceeding, including the cost of 
        instituting the proceeding.
          (6) Requests.--The carrier must not require the 
        shipper to agree to utilize arbitration prior to the 
        time that a dispute arises. If the dispute involves a 
        claim for [$5,000] $10,000 or less and the shipper 
        requests arbitration, such arbitration shall be binding 
        on the parties. If the dispute involves a claim for 
        more than [$5,000] $10,000 and the shipper requests 
        arbitration, such arbitration shall be binding on the 
        parties only if the carrier agrees to arbitration.
          (7) Oral presentation of evidence.--The arbitrator 
        may provide for an oral presentation of a dispute 
        concerning transportation of household goods by a party 
        to the dispute (or a party's representative), but such 
        oral presentation may be made only if all parties to 
        the dispute expressly agree to such presentation and 
        the date, time, and location of such presentation.
          (8) Deadline for decision.--The arbitrator must, as 
        expeditiously as possible but at least within 60 days 
        of receipt of written notification of the dispute, 
        render a decision based on the information gathered; 
        except that, in any case in which a party to the 
        dispute fails to provide in a timely manner any 
        information concerning such dispute which the person 
        settling the dispute may reasonably require to resolve 
        the dispute, the arbitrator may extend such 60-day 
        period for a reasonable period of time. A decision 
        resolving a dispute may include any remedies 
        appropriate under the circumstances, including repair, 
        replacement, refund, reimbursement for expenses, [and] 
        compensation for [damages.] damages, and an order 
        requiring the payment of additional carrier charges.
  (c) Limitation on Use of Materials.--Materials and 
information obtained in the course of a decision making process 
to settle a dispute by arbitration under this section may not 
be used to bring an action under section 14905.
  (d) Attorney's Fees to Shippers.--In any court action to 
resolve a dispute between a shipper of household goods and a 
carrier providing transportation or service subject to 
jurisdiction under subchapter I or III of chapter 135 
concerning the transportation of household goods by such 
carrier, the shipper shall be awarded reasonable attorney's 
fees if--
          (1) the shipper submits a claim to the carrier within 
        120 days after the date the shipment is delivered or 
        the date the delivery is scheduled, whichever is later;
          (2) the shipper prevails in such court action; and
          [(3)(A) a decision resolving the dispute was not 
        rendered through arbitration under this section within 
        the period provided under subsection (b)(8) of this 
        section or an extension of such period under such 
        subsection; or
          [(B) the court proceeding is to enforce a decision 
        rendered through arbitration under this section and is 
        instituted after the period for performance under such 
        decision has elapsed.]
          (3)(A) the shipper was not advised by the carrier 
        during the claim settlement process that a dispute 
        settlement program was available to resolve the 
        dispute;
          (B) a decision resolving the dispute was not rendered 
        through arbitration under this section within the 
        period provided under subsection (b)(8) of this section 
        or an extension of such period under such subsection; 
        or
          (C) the court proceeding is to enforce a decision 
        rendered through arbitration under this section and is 
        instituted after the period for performance under such 
        decision has elapsed.''.
  (e) Attorney's Fees to Carriers.--In any court action to 
resolve a dispute between a shipper of household goods and a 
carrier providing transportation, or service subject to 
jurisdiction under subchapter I or III of chapter 135 
concerning the transportation of household goods by such 
carrier, such carrier may be awarded reasonable attorney's fees 
by the court only if the shipper brought such action in bad 
faith--
          (1) after resolution of such dispute through 
        arbitration under this section; or
          (2) after institution of an arbitration proceeding by 
        the shipper to resolve such dispute under this section 
        but before--
                  (A) the period provided under subsection 
                (b)(8) for resolution of such dispute 
                (including, if applicable, an extension of such 
                period under such subsection) ends; and
                  (B) a decision resolving such dispute is 
                rendered.
  (f) Limitation of Applicability to Collect-on-Delivery 
Transportation.--The provisions of this section shall apply 
only in the case of collect-on-delivery transportation of 
household goods.
  (g) Review by Secretary.--Not later than 18 months after 
January 1, 1996, the Secretary shall complete a review of the 
dispute settlement program established under this section. If, 
after notice and opportunity for comment, the Secretary 
determines that changes are necessary to such program to ensure 
the fair and equitable resolution of disputes under this 
section, the Secretary shall implement such changes and 
transmit a report to Congress on such changes.

           *       *       *       *       *       *       *


Sec. 14710. Enforcement of Federal laws and regulations with respect to 
                    transportation of household goods

  (a) Enforcement by States.--Notwithstanding any other 
provision of this title, a State authority may enforce the 
consumer protection provisions that apply to individual 
shippers, as determined by the Secretary of Transportation, of 
this title that are related to the delivery and transportation 
of household goods in interstate commerce. Any fine or penalty 
imposed on a carrier in a proceeding under this subsection 
shall, notwithstanding any provision of law to the contrary, be 
paid to and retained by the State.
  (b) Notice.--The State shall serve written notice to the 
Secretary or the Board, as the case may be, of any civil action 
under subsection (a) prior to initiating such civil action. The 
notice shall include a copy of the complaint to be filed to 
initiate such civil action, except that if it is not feasible 
for the State to provide such prior notice, the State shall 
provide such notice immediately upon instituting such civil 
action.
  (c) State Authority Defined.--The term `State authority' 
means an agency of a State that has authority under the laws of 
the State to regulate the intrastate movement of household 
goods.

Sec. 14711. Enforcement by State attorneys general

  (a) In General.--A State, as parens patriae, may bring a 
civil action on behalf of its residents in an appropriate 
district court of the United States to enforce the consumer 
protection provisions that apply to individual shippers, as 
determined by the Secretary of Transportation, of this title 
that are related to the delivery and transportation of 
household goods in interstate commerce, or regulations or 
orders of the Secretary or the Board thereunder, or to impose 
the civil penalties authorized by this part or such regulation 
or order, whenever the attorney general of the State has reason 
to believe that the interests of the residents of the State 
have been or are being threatened or adversely affected by a 
carrier or broker providing transportation subject to 
jurisdiction under subchapter I or III of chapter 135 of this 
title, or a foreign motor carrier providing transportation 
registered under section 13902 of this title, that is engaged 
in household goods transportation that violates this part or a 
regulation or order of the Secretary or Board, as applicable, 
promulgated under this part.
  (b) Notice.--The State shall serve written notice to the 
Secretary or the Board, as the case may be, of any civil action 
under subsection (a) prior to initiating such civil action. The 
notice shall include a copy of the complaint to be filed to 
initiate such civil action, except that if it is not feasible 
for the State to provide such prior notice, the State shall 
provide such notice immediately upon instituting such civil 
action.
  (c) Authority To Intervene.--Upon receiving the notice 
required by subsection (b), the Secretary or Board may 
intervene in such civil action and upon intervening--
          (1) be heard on all matters arising in such civil 
        action; and
          (2) file petitions for appeal of a decision in such 
        civil action.
  (d) Construction.--For purposes of bringing any civil action 
under subsection (a), nothing in this section shall prevent the 
attorney general of a State from exercising the powers 
conferred on the attorney general by the laws of such State to 
conduct investigations or to administer oaths or affirmations 
or to compel the attendance of witnesses or the production of 
documentary and other evidence.
  (e) Venue; Service of Process.--In a civil action brought 
under subsection (a)--
          (1) the venue shall be a judicial district in which--
                  (A) the carrier, foreign motor carrier, or 
                broker operates;
                  (B) the carrier, foreign motor carrier, or 
                broker was authorized to provide transportation 
                at the time the complaint arose; or
                  (C) where the defendant in the civil action 
                is found;
          (2) process may be served without regard to the 
        territorial limits of the district or of the State in 
        which the civil action is instituted; and
          (3) a person who participated with a carrier or 
        broker in an alleged violation that is being litigated 
        in the civil action may be joined in the civil action 
        without regard to the residence of the person.
  (f) Enforcement of State Law.--Nothing contained in this 
section shall prohibit an authorized State official from 
proceeding in State court to enforce a criminal statute of such 
State.

           *       *       *       *       *       *       *


Sec. 14901. General civil penalties

  (a) Reporting and Recordkeeping.--A person required to make a 
report to the Secretary or the Board, answer a question, or 
make, prepare, or preserve a record under this part concerning 
transportation subject to jurisdiction under subchapter I or 
III of chapter 135 or transportation by a foreign carrier 
registered under section 13902, or an officer, agent, or 
employee of that person that--
          (1) does not make the report;
          (2) does not specifically, completely, and truthfully 
        answer the question;
          (3) does not make, prepare, or preserve the record in 
        the form and manner prescribed;
          (4) does not comply with section 13901; or
          (5) does not comply with section 13902(c);
is liable to the United States for a civil penalty of not less 
than $500 for each violation and for each additional day the 
violation continues; except that, in the case of a person who 
is not registered under this part to provide transportation of 
passengers, or an officer, agent, or employee of such person, 
that does not comply with section 13901 with respect to 
providing transportation of passengers, the amount of the civil 
penalty shall not be less than $2,000 for each violation and 
for each additional day the violation continues.
  (b) Transportation of Hazardous Wastes.--A person subject to 
jurisdiction under subchapter I of chapter 135, or an officer, 
agent, or employee of that person, and who is required to 
comply with section 13901 of this title but does not so comply 
with respect to the transportation of hazardous wastes as 
defined by the Environmental Protection Agency pursuant to 
section 3001 of the Solid Waste Disposal Act (but not including 
any waste the regulation of which under the Solid Waste 
Disposal Act has been suspended by Congress) shall be liable to 
the United States for a civil penalty not to exceed $20,000 for 
each violation.
  (c) Factors To Consider in Determining Amount.--In 
determining and negotiating the amount of a civil penalty under 
subsection (a) or (d) concerning transportation of household 
goods, the degree of culpability, any history of prior such 
conduct, the degree of harm to shipper or shippers, ability to 
pay, the effect on ability to do business, whether the shipper 
has been adequately compensated before institution of the 
proceeding, and such other matters as fairness may require 
shall be taken into account.
  (d) Protection of Household Goods Shippers.--
            (1) In general._If a carrier providing 
        transportation of household goods subject to 
        jurisdiction under subchapter I or III of chapter 135 
        or a receiver or trustee of such carrier fails or 
        refuses to comply with any regulation issued by the 
        Secretary or the Board relating to protection of 
        individual shippers, such carrier, receiver, or trustee 
        is liable to the United States for a civil penalty of 
        not less than $1,000 for each violation and for each 
        additional day during which the violation continues.
          (2) Estimate of broker without carrier agreement.--If 
        a broker for transportation of household goods subject 
        to jurisdiction under subchapter I of chapter 135 of 
        this title makes an estimate of the cost of 
        transporting any such goods before entering into an 
        agreement with a carrier to provide transportation of 
        household goods subject to such jurisdiction, the 
        broker is liable to the United States for a civil 
        penalty of not less than $10,000 for each violation.
          (3) Unauthorized transportation.--If a person 
        provides transportation of household goods subject to 
        jurisdiction under subchapter I of chapter 135 this 
        title or provides broker services for such 
        transportation without being registered under chapter 
        139 of this title to provide such transportation or 
        services as a motor carrier or broker, as the case may 
        be, such person is liable to the United States for a 
        civil penalty of not less than $25,000 for each 
        violation.
  (e) Violation Relating to Transportation of Household 
Goods.--Any person that knowingly engages in or knowingly 
authorizes an agent or other person--
          (1) to falsify documents used in the transportation 
        of household goods subject to jurisdiction under 
        subchapter I or III of chapter 135 which evidence the 
        weight of a shipment; or
          (2) to charge for accessorial services which are not 
        performed or for which the carrier is not entitled to 
        be compensated in any case in which such services are 
        not reasonably necessary in the safe and adequate 
        movement of the shipment;
is liable to the United States for a civil penalty of not less 
than $2,000 for each violation and of not less than $5,000 for 
each subsequent violation. Any State may bring a civil action 
in the United States district courts to compel a person to pay 
a civil penalty assessed under this subsection.
  (f) Venue.--Trial in a civil action under subsections (a) 
through (e) of this section is in the judicial district in 
which--
          (1) the carrier or broker has its principal office;
          (2) the carrier or broker was authorized to provide 
        transportation or service under this part when the 
        violation occurred;
          (3) the violation occurred; or
          (4) the offender is found.
Process in the action may be served in the judicial district of 
which the offender is an inhabitant or in which the offender 
may be found.
  (g) Business Entertainment Expenses.--
          (1) In general.--Any business entertainment expense 
        incurred by a water carrier providing transportation 
        subject to this part shall not constitute a violation 
        of this part if that expense would not be unlawful if 
        incurred by a person not subject to this part.
          (2) Cost of service.--Any business entertainment 
        expense subject to paragraph (1) that is paid or 
        incurred by a water carrier providing transportation 
        subject to this part shall not be taken into account in 
        determining the cost of service or the rate base for 
        purposes of section 13702.

           *       *       *       *       *       *       *


Sec. 14915. Penalties for failure to give up possession of household 
                    goods

  (a) Civil Penalty.--Whoever is found to have failed to give 
up possession of household goods is liable to the United States 
for a civil penalty of not less than $10,000. Each day a 
carrier is found to have failed to give up possession of 
household goods may constitute a separate violation. If such 
person is a carrier or broker, the Secretary may suspend the 
registration of such carrier or broker under chapter 139 of 
this title for a period of up to 24 months.
  (b) Criminal Penalty.--Whoever has been convicted of having 
failed to give up possession of household goods shall be fined 
under title 18 or imprisoned for not more than 5 years, or 
both.
  (c) Failure To Give Up Possession of Household Goods 
Defined.--For purposes of this section, the term `failed to 
give up possession of household goods' means the knowing and 
willful failure, in violation of a contract, to deliver to, or 
unload at, the destination of a shipment of household goods 
that is subject to jurisdiction under subchapter I or III of 
chapter 135 of this title, for which charges have been 
estimated by the motor carrier providing transportation of such 
goods, and for which the shipper has tendered a payment 
described in clause (i), (ii), or (iii) of section 
13707(b)(3)(A) of this title.

           *       *       *       *       *       *       *


Sec. 30112. Prohibitions on manufacturing, selling, and importing 
                    noncomplying motor vehicles and equipment

  (a) General.--(1) Except as provided in this section, 
sections 30113 and 30114 of this title, and subchapter III of 
this chapter, a person may not manufacture for sale, sell, 
offer for sale, introduce or deliver for introduction in 
interstate commerce, or import into the United States, any 
motor vehicle or motor vehicle equipment manufactured on or 
after the date an applicable motor vehicle safety standard 
prescribed under this chapter takes effect unless the vehicle 
or equipment complies with the standard and is covered by a 
certification issued under section 30115 of this title.
  (2) Except as provided in this section, sections 30113 and 
30114 of this title, and subchapter III of this chapter, a 
school or school system may not purchase, rent, or lease a 
motor vehicle designed or used to transport 15 passengers, 
including the driver, if that motor vehicle will be used 
significantly by, or on behalf of, the school or school system 
to transport preprimary, primary, or secondary school students 
to or from school or an event related to school, unless the 
motor vehicle complies with the motor vehicle standards 
prescribed for school buses and multifunction school activity 
buses under this title. This paragraph does not apply to the 
purchase, rental, or lease of a motor vehicle under a contract 
executed before the date of enactment of the Surface 
Transportation Safety Improvement Act of 2005.
  (b) Nonapplication.--This section does not apply to--
          (1) the sale, offer for sale, or introduction or 
        delivery for introduction in interstate commerce of a 
        motor vehicle or motor vehicle equipment after the 
        first purchase of the vehicle or equipment in good 
        faith other than for resale;
          (2) a person--
                  (A) establishing that the person had no 
                reason to know, despite exercising reasonable 
                care, that a motor vehicle or motor vehicle 
                equipment does not comply with applicable motor 
                vehicle safety standards prescribed under this 
                chapter; or
                  (B) holding, without knowing about the 
                noncompliance and before the vehicle or 
                equipment is first purchased in good faith 
                other than for resale, a certificate issued by 
                a manufacturer or importer stating the vehicle 
                or equipment complies with applicable standards 
                prescribed under this chapter;
          (3) a motor vehicle or motor vehicle equipment 
        intended only for export, labeled for export on the 
        vehicle or equipment and on the outside of any 
        container of the vehicle or equipment, and exported;
          (4) a motor vehicle the Secretary of Transportation 
        decides under section 30141 of this title is capable of 
        complying with applicable standards prescribed under 
        this chapter;
          (5) a motor vehicle imported for personal use by an 
        individual who receives an exemption under section 
        30142 of this title;
          (6) a motor vehicle under section 30143 of this title 
        imported by an individual employed outside the United 
        States;
          (7) a motor vehicle under section 30144 of this title 
        imported on a temporary basis;
          (8) a motor vehicle or item of motor vehicle 
        equipment under section 30145 of this title requiring 
        further manufacturing; or
          (9) a motor vehicle that is at least 25 years old.

Sec. 30122. Making safety devices and elements inoperative

  (a) Definition.--In this section, ``motor vehicle repair 
business'' means a person holding itself out to the public to 
repair for compensation a motor vehicle or motor vehicle 
equipment.
  (b) Prohibition.--A manufacturer, distributor, dealer, or 
motor vehicle repair business may not knowingly make 
inoperative any part of a device or element of design installed 
on or in a motor vehicle or motor vehicle equipment in 
compliance with an applicable motor vehicle safety standard 
prescribed under this chapter unless the manufacturer, 
distributor, dealer, or repair business reasonably believes the 
vehicle or equipment will not be used (except for testing or a 
similar purpose during maintenance or repair) when the device 
or element is inoperative.
  (c) Regulations.--The Secretary of Transportation may 
prescribe regulations--
          (1) to exempt a person from this section if the 
        Secretary decides the exemption is consistent with 
        motor vehicle safety and section 30101 of this title; 
        and
          (2) to define ``make inoperative''.
  [(d) Nonapplication.--This section does not apply to a safety 
belt interlock or buzzer designed to indicate a safety belt is 
not in use as described in section 30124 of this title.]

Sec. 30124. Buzzers indicating nonuse of safety belts

  A motor vehicle safety standard prescribed under this chapter 
may [not] require or allow a manufacturer to comply with the 
standard by using a safety belt interlock designed to prevent 
starting or operating a motor vehicle if an occupant is not 
using a safety belt or a buzzer designed to indicate a safety 
belt is not in use, [except] including a buzzer that operates 
only during the 8-second period after the ignition is turned to 
the ``start'' or ``on'' position.

           *       *       *       *       *       *       *


Sec. 30128. Vehicle rollover prevention and crash mitigation

    (a) In General.--The Secretary shall initiate rulemaking 
proceedings, for the purpose of establishing rules or standards 
that will reduce vehicle rollover crashes and mitigate deaths 
and injuries associated with such crashes for motor vehicles 
with a gross vehicle weight rating of not more than 10,000 
pounds.
  (b) Rollover Prevention.--One of the rulemaking proceedings 
initiated under subsection (a) shall be to establish 
performance criteria to reduce the occurrence of rollovers 
consistent with stability enhancing technologies. The Secretary 
shall issue a proposed rule in this proceeding by rule by 
October 1, 2006, and a final rule by April 1, 2009.
  (c) Occupant Ejection Prevention.--
          (1) In general.--The Secretary shall also initiate a 
        rulemaking proceding to establish performance standards 
        to reduce complete and partial ejections of vehicle 
        occupants from outboard seating positions. In 
        formulating the standards the Secretary shall consider 
        various ejection mitigation systems. The Secretary 
        shall issue a final rule under this paragraph no later 
        than October 1, 2009.
          (2) Door locks and door retention.--The Secretary 
        shall complete the rulemaking proceeding initiated to 
        upgrade Federal Motor Vehicle Safety Standard No. 206, 
        relating to door locks and door retention, no later 
        than 30 months after the date of enactment of this Act.
  (d) Protection of Occupants.--One of the rulemaking 
proceedings initiated under subsection (a) shall be to 
establish performance criteria to upgrade Federal Motor Vehicle 
Safety Standard No. 216 relating to roof strength for driver 
and passenger sides. The Secretary may consider industry and 
independent dynamic tests that realistically duplicate the 
actual forces transmitted during a rollover crash. The 
Secretary shall issue a proposed rule by December 31, 2005, and 
a final rule by July 1, 2008.
  (e) Deadlines.--If the Secretary determines that the deadline 
for a final rule under this section cannot be met, the 
Secretary shall--
          (1) notify the Senate Committee on Commerce, Science, 
        and Transportation and the House of Representatives 
        Committee on Energy and Commerce and explain why that 
        deadline cannot be met; and
          (2) establish a new deadline.

Sec. 31102. Grants to States

  (a) General Authority.--Subject to this section and the 
availability of amounts, the Secretary of Transportation may 
make grants to States for the development or implementation of 
programs for improving motor carrier safety and the enforcement 
of regulations, standards, and orders of the United States 
Government on commercial motor vehicle safety, hazardous 
materials transportation safety, and compatible State 
regulations, standards, and orders.
  (b) State Plan Procedures and Contents.--(1) The Secretary 
shall prescribe procedures for a State to submit a plan under 
which the State agrees to assume responsibility for improving 
motor carrier safety and to adopt and enforce regulations, 
standards, and orders of the Government on commercial motor 
vehicle safety, hazardous materials transportation safety, or 
compatible State regulations, standards, and orders. The 
Secretary shall approve the plan if the Secretary decides the 
plan is adequate to promote the objectives of this section and 
the plan--
          (A) implements performance-based [activities by 
        fiscal year 2000;] activities for commercial motor 
        vehicles of passengers and freight;
          (B) designates the State motor vehicle safety agency 
        responsible for administering the plan throughout the 
        State;
          (C) contains satisfactory assurances the agency has 
        or will have the legal authority, resources, and 
        qualified personnel necessary to enforce the 
        regulations, standards, and orders;
          (D) contains satisfactory assurances the State will 
        devote adequate amounts to the administration of the 
        plan and enforcement of the regulations, standards, and 
        orders;
          (E) provides that the total expenditure of amounts of 
        the State and its political subdivisions (not including 
        amounts of the Government) for commercial motor vehicle 
        safety programs for enforcement of commercial motor 
        vehicle size and weight limitations, drug interdiction, 
        and State traffic safety laws and regulations under 
        subsection (c) of this section will be maintained at a 
        level at least equal to the average level of that 
        expenditure for its last 3 full fiscal [years before 
        December 18, 1991;] years;
          (F) provides a right of entry and inspection to carry 
        out the plan;
          (G) provides that all reports required under this 
        section be submitted to the agency and that the agency 
        will make the reports available to the Secretary on 
        request;
          (H) provides that the agency will adopt the reporting 
        requirements and use the forms for recordkeeping, 
        inspections, and investigations the Secretary 
        prescribes;
          (I) requires registrants of commercial motor vehicles 
        to make a declaration of knowledge of applicable safety 
        regulations, standards, and orders of the Government 
        and the State;
          (J) provides that the State will grant maximum 
        reciprocity for inspections conducted under the North 
        American Inspection Standard through the use of a 
        nationally accepted system that allows ready 
        identification of previously inspected commercial motor 
        vehicles;
          (K) ensures that activities described in subsection 
        (c)(1) of this section, if financed with grants under 
        subsection (a) of this section, will not diminish the 
        effectiveness of the development and implementation of 
        commercial motor vehicle safety programs described in 
        subsection (a);
          (L) ensures that the State agency will coordinate the 
        plan, data collection, and information systems with 
        State highway safety programs under title 23;
          (M) ensures participation in SAFETYNET and other 
        information systems by all appropriate jurisdictions 
        receiving funding under this section;
          (N) ensures that information is exchanged among the 
        States in a timely manner;
          (O) provides satisfactory assurances that the State 
        will undertake efforts that will emphasize and improve 
        enforcement of State and local traffic safety laws and 
        regulations related to commercial motor vehicle safety;
          (P) provides satisfactory assurances that the State 
        will promote activities in support of national 
        priorities and performance goals, including--
          (i) activities aimed at removing impaired commercial 
        motor vehicle drivers from the highways of the United 
        States through adequate enforcement of regulations on 
        the use of alcohol and controlled substances and by 
        ensuring ready roadside access to alcohol detection and 
        measuring equipment;
          (ii) activities aimed at providing an appropriate 
        level of training to State motor carrier safety 
        assistance program officers and employees on 
        recognizing drivers impaired by alcohol or controlled 
        substances; and
          (iii) interdiction activities affecting the 
        transportation of controlled substances by commercial 
        motor vehicle drivers and training on appropriate 
        strategies for carrying out those interdiction 
        activities;
          (Q) provides that the State will establish a program 
        to ensure the proper and timely correction of 
        commercial motor vehicle safety violations noted during 
        an inspection carried out with funds authorized under 
        section 31104;
          (R) ensures that the State will cooperate in the 
        enforcement of registration requirements under section 
        13902 and financial responsibility requirements under 
        sections 13906, 31138, and 31139 and regulations issued 
        thereunder;
          (S) ensures consistent, effective, and reasonable 
        sanctions; [and]
          (T) ensures that roadside inspections will be 
        conducted at a location that is adequate to protect the 
        safety of drivers and enforcement [personnel.] 
        personnel;
          (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.
  (2) If the Secretary disapproves a plan under this 
subsection, the Secretary shall give the State a written 
explanation and allow the State to modify and resubmit the plan 
for approval.
  (3) In estimating the average level of State expenditure 
under paragraph (1)(D) of this subsection, the Secretary--
          (A) may allow the State to exclude State expenditures 
        for Government-sponsored demonstration or pilot 
        programs; and
          (B) shall require the State to exclude Government 
        amounts and State matching amounts used to receive 
        Government financing under subsection (a) of this 
        section.
  [(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 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:
          [(1) 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.
          [(2) 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.
          [(3) enforcement of State traffic laws and 
        regulations designed to promote the safe operation of 
        commercial motor vehicles.]
  (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.
  (d) Continuous Evaluation of Plans.--On the basis of reports 
submitted by a State motor vehicle safety agency of a State 
with a plan approved under this section and the Secretary's own 
investigations, the Secretary shall make a continuing 
evaluation of the way the State is carrying out the plan. If 
the Secretary finds, after notice and opportunity for comment, 
the State plan previously approved is not being followed or has 
become inadequate to ensure enforcement of the regulations, 
standards, or orders, the Secretary shall withdraw approval of 
the plan and notify the State. The plan stops being effective 
when the notice is received. A State adversely affected by the 
withdrawal may seek judicial review under chapter 7 of title 5. 
Notwithstanding the withdrawal, the State may retain 
jurisdiction in administrative or judicial proceedings begun 
before the withdrawal if the issues involved are not related 
directly to the reasons for the withdrawal.

Sec. 31103. United States Government's share of costs

  (a) Commercial Motor Vehicle Safety Programs and 
Enforcement.--The Secretary of Transportation shall reimburse a 
State, from a grant made under this subchapter, an amount that 
is not more than 80 percent of the costs incurred by the State 
in a fiscal year in developing and implementing programs to 
improve commercial motor vehicle safety and enforce commercial 
motor vehicle regulations, standards, or orders adopted under 
this subchapter or subchapter II of this chapter. In 
determining those costs, the Secretary shall include in-kind 
contributions by the State. Amounts of the State and its 
political subdivisions required to be expended under section 
31102(b)(1)(D) of this title may not be included as part of the 
share not provided by the United States Government. Amounts 
generated by the Unified Carrier Registration Agreement, under 
section 14504a of this title and received by a State and used 
for motor carrier safety purposes may be included as part of 
the State's share not provided by the United States. The 
Secretary may allocate among the States whose applications for 
grants have been approved those amounts appropriated for grants 
to support those programs, under criteria that may be 
established.
  (b) Other Activities.--(1) The Secretary may reimburse State 
agencies, local governments, or other persons up to 100 percent 
for public education activities authorized by section 
31104(f)(2).
          (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.

Sec. 31104. Availability of amounts

  [(a) In General.--The following amounts are made available 
from the Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary of Transportation to incur 
obligations to carry out section 31102:
          [(1) Not more than $79,000,000 for fiscal year 1998.
          [(2) Not more than $90,000,000 for fiscal year 1999.
          [(3) Not more than $95,000,000 for fiscal year 2000.
          [(4) Not more than $100,000,000 for fiscal year 2001.
          [(5) Not more than $105,000,000 for fiscal year 2002.
          [(6) Not more than $110,000,000 for fiscal year 2003.
          [(7) Not more than $169,000,000 for fiscal year 2004.
          [(8) Not more than $112,512,329 for the period of 
        October 1, 2004, through May 31, 2005.]
  (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.
  (b) Availability and Reallocation of Amounts.--Amounts made 
available under subsection (a) of this section remain available 
until expended. Allocations to a State remain available for 
expenditure in the State for the fiscal year in which they are 
allocated and for the next fiscal year. Amounts not expended by 
a State during those 2 fiscal years are released to the 
Secretary for reallocation.
  (c) Reimbursement for Government's Share of Costs.--Amounts 
made available under subsection (a) of this section shall be 
used to reimburse States proportionately for the United States 
Government's share of costs incurred.
  (d) Grants as Contractual Obligations.--Approval by the 
Secretary of a grant to a State under section 31102 of this 
title is a contractual obligation of the Government for payment 
of the Government's share of costs incurred by the State in 
developing, implementing, or developing and implementing 
programs to enforce commercial motor vehicle regulations, 
standards, and orders.
  (e) Deduction for Administrative Expenses.--On October 1 of 
each fiscal year or as soon after that date as practicable, the 
Secretary may deduct, from amounts made available under 
subsection (a) of this section for that fiscal year, not more 
than 1.25 percent of those amounts for administrative expenses 
incurred in carrying out section 31102 of this title in that 
fiscal year. The Secretary shall use at least 75 percent of 
those deducted amounts to train non-Government employees and to 
develop related training materials in carrying out section 
31102.
  (f) Allocation Criteria and Eligibility.--
          (1) In general.--On October 1 of each fiscal year or 
        as soon after that date as practicable and after making 
        the deduction under subsection (e), the Secretary shall 
        allocate amounts made available to carry out section 
        31102 for such fiscal year among the States with plans 
        approved under section 31102. Such allocation shall be 
        made under such criteria as the Secretary prescribes by 
        regulation.
          [(2) High-priority and border activities.--
                  [(A) High-priority activities and projects.--
                The Secretary may designate up to 5 percent of 
                amounts available for allocation under 
                paragraph (1) for States, local governments, 
                and other persons 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. The amounts designated under this 
                subparagraph shall be allocated by the 
                Secretary to State agencies, local governments, 
                and other persons that use and train qualified 
                officers and employees in coordination with 
                State motor vehicle safety agencies.
                  [(B) Border commercial motor vehicle safety 
                and enforcement programs.--The Secretary may 
                designate up to 5 percent of amounts available 
                for allocation under paragraph (1) for States, 
                local governments, and other persons for 
                carrying out border commercial motor vehicle 
                safety programs and enforcement activities and 
                projects. The amounts designated under this 
                subparagraph shall be allocated by the 
                Secretary to State agencies, local governments, 
                and other persons that use and train qualified 
                officers and employees in coordination with 
                State motor vehicle safety agencies.]
          (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).
  (g) Payment to States for Costs.--Each State shall submit 
vouchers for costs the State incurs under this section and 
section 31102 of this title. The Secretary shall pay the State 
an amount not more than the Government share of costs incurred 
as of the date of the vouchers.
  (h) Intrastate Compatibility.--The Secretary shall prescribe 
regulations specifying tolerance guidelines and standards for 
ensuring compatibility of intrastate commercial motor vehicle 
safety laws and regulations with Government motor carrier 
safety regulations to be enforced under section 31102(a) of 
this title. To the extent practicable, the guidelines and 
standards shall allow for maximum flexibility while ensuring 
the degree of uniformity that will not diminish transportation 
safety. In reviewing State plans and allocating amounts or 
making grants under section 153 of title 23, the Secretary 
shall ensure that the guidelines and standards are applied 
uniformly.
  (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.

Sec. 31106. Information systems

  (a) Information Systems and Data Analysis.--
          (1) In general.--Subject to the provisions of this 
        section, the Secretary shall establish and operate 
        motor carrier, commercial motor vehicle, and driver 
        information systems and data analysis programs to 
        support safety regulatory and enforcement activities 
        required under this title.
          (2) Network coordination.--In cooperation with the 
        States, the information systems under this section 
        shall be coordinated into a network providing accurate 
        identification of motor carriers and drivers, 
        commercial motor vehicle registration and license 
        tracking, and motor carrier, commercial motor vehicle, 
        and driver safety performance data.
          (3) Data analysis capacity and programs.--The 
        Secretary shall develop and maintain under this section 
        data analysis capacity and programs that provide the 
        means to--
                  (A) identify and collect necessary motor 
                carrier, commercial motor vehicle, and driver 
                data;
                  (B) evaluate the safety fitness of motor 
                carriers and drivers;
                  (C) develop strategies to mitigate safety 
                problems and to use data analysis to address 
                and measure the effectiveness of such 
                strategies and related programs;
                  (D) determine the cost-effectiveness of 
                Federal and State safety compliance and 
                enforcement programs and other countermeasures; 
                and
                  (E) adapt, improve, and incorporate other 
                information and information systems as the 
                Secretary determines appropriate.
          (4) Standards.--To implement this section, the 
        Secretary shall prescribe technical and operational 
        standards to ensure--
                  (A) uniform, timely, and accurate information 
                collection and reporting by the States and 
                other entities as determined appropriate by the 
                Secretary;
                  (B) uniform Federal, State, and local 
                policies and procedures necessary to operate 
                the information system; and
                  (C) the reliability and availability of the 
                information to the Secretary and States.
  (b) Performance and Registration Information Program.--
          (1) Information clearinghouse.--The Secretary shall 
        include, as part of the motor carrier information 
        system authorized by this section, a program to 
        establish and maintain a clearinghouse and repository 
        of information related to State registration and 
        licensing of commercial motor vehicles, the registrants 
        of such vehicles, and the motor carriers operating such 
        vehicles. The clearinghouse and repository may include 
        information on the safety fitness of each of the motor 
        carriers and registrants and other information the 
        Secretary considers appropriate, including information 
        on motor carrier, commercial motor vehicle, and driver 
        safety performance.
          [(2) Design.--The program shall link Federal motor 
        carrier safety information systems with State driver 
        and 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) decide, in cooperation with the 
                Secretary, whether and what types of sanctions 
                or operating limitations to impose on the motor 
                carrier or registrant to ensure safety.
          [(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); and
                  [(B) possess or seek authority to impose 
                commercial motor vehicle registration sanctions 
                on the basis of a Federal safety fitness 
                determination.
          [(4) Funding.--The Secretary may make available up to 
        50 percent of the amounts available to carry out this 
        section by section 31107 in each of fiscal years 1998, 
        1999, 2000, 2001, 2002, and 2003 to carry out this 
        subsection. The Secretary is encouraged to direct no 
        less than 80 percent of amounts made available to carry 
        out this subsection to States that have not previously 
        received financial assistance to develop or implement 
        the information systems authorized by this section.]
          (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.
  (c) Commercial Motor Vehicle Driver Safety Program.--In 
coordination with the information system under section 31309, 
the Secretary is authorized to establish a program to improve 
commercial motor vehicle driver safety. The objectives of the 
program shall include--
          (1) enhancing the exchange of driver licensing 
        information among the States, the Federal Government, 
        and foreign countries;
          (2) providing information to the judicial system on 
        commercial motor vehicle drivers;
          (3) evaluating any aspect of driver performance that 
        the Secretary determines appropriate; and
          (4) developing appropriate strategies and 
        countermeasures to improve driver safety.
  (d) Cooperative Agreements, Grants, and Contracts.--The 
Secretary may carry out this section either independently or in 
cooperation with other Federal departments, agencies, and 
instrumentalities, or by making grants to, and entering into 
contracts and cooperative agreements with, States, local 
governments, associations, institutions, corporations, and 
other persons.
  (e) Information Availability and Privacy Protection Policy.--
The Secretary shall develop a policy on making information 
available from the information systems authorized by this 
section and section 31309. The policy shall be consistent with 
existing Federal information laws, including regulations, and 
shall provide for review and correction of such information in 
a timely manner.

[Sec. 31107. Contract authority funding for information systems

  [(a) Funding.--There shall be available from the Highway 
Trust Fund (other than the Mass Transit Account) to carry out 
sections 31106 and 31309 of this title--
          [(1) $6,000,000 for fiscal year 1998;
          [(2) $10,000,000 for each of fiscal years 1999 and 
        2000;
          [(3) $12,000,000 for each of fiscal years 2001 
        through 2002;
          [(4) $15,000,000 for fiscal year 2003;
          [(5) $20,000,000 for the fiscal year 2004; and
          [(6) $13,315,068 for the period of October 1, 2004 
        through May 31, 2005.
The amounts made available under this subsection shall remain 
available until expended.
  [(b) Contract Authority.--Approval by the Secretary of a 
grant with funds made available under 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.
  [(c) Emergency CDL Grants.--From amounts made available by 
subsection (a) for a fiscal year, the Secretary of 
Transportation may make a grant of up to $1,000,000 to a State 
whose commercial driver's license program may fail to meet the 
compliance requirements of section 31311(a).]

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.

[Sec. 31108. Authorization of appropriations

  [Not more than $-- -- -- -- -- may be appropriated to the 
Secretary of Transportation for the fiscal year ending 
September 30, 19--, to carry out the safety duties and powers 
of the Federal Highway Administration.]

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.

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.

Sec. 31132. Definitions

  In this subchapter--
          (1) ``commercial motor vehicle'' means a self-
        propelled or towed vehicle used on the highways in 
        interstate commerce to transport passengers or 
        property, if the vehicle--
                  (A) has a gross vehicle weight rating or 
                gross vehicle weight of at least 10,001 pounds, 
                whichever is greater;
                  (B) is designed or used to transport more 
                than 8 passengers (including the driver) for 
                compensation;
                  (C) is designed or used to transport more 
                than 15 passengers, including the driver, and 
                is not used to transport passengers for 
                compensation; or
                  (D) is used in transporting material found by 
                the Secretary of Transportation to be hazardous 
                under section 5103 of this title and 
                transported in a quantity requiring placarding 
                under regulations prescribed by the Secretary 
                under section 5103.
          (2) ``employee'' means an operator of a commercial 
        motor vehicle (including an independent contractor when 
        operating a commercial motor vehicle), a mechanic, a 
        freight handler, or an individual not an employer, 
        who--
                  (A) directly affects commercial motor vehicle 
                safety in the course of employment; and
                  (B) is not an employee of the United States 
                Government, a State, or a political subdivision 
                of a State acting in the course of the 
                employment by the Government, a State, or a 
                political subdivision of a State.
          (3) ``employer''--
                  (A) means a person engaged in a business 
                affecting interstate commerce that owns or 
                leases a commercial motor vehicle in connection 
                with that business, or assigns an employee to 
                operate it; but
                  (B) does not include the Government, a State, 
                or a political subdivision of a State.
          (4) ``interstate commerce'' means trade, traffic, or 
        transportation in the United States between a place in 
        a State and--
                  (A) a place outside that State (including a 
                place outside the United States); or
                  (B) another place in the same State through 
                another State or through a place outside the 
                United States.
          (5) ``intrastate commerce'' means trade, traffic, or 
        transportation in a State that is not interstate 
        commerce.
          (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.
          [(6)] (7) ``regulation'' includes a standard or 
        order.
          [(7)] (8) ``State'' means a State of the United 
        States, the District of Columbia, and, in sections 
        31136 and 31140-31142 of this title, a political 
        subdivision of a State.
          [(8)] (9) ``State law'' includes a law enacted by a 
        political subdivision of a State.
          [(9)] (10) ``State regulation'' includes a regulation 
        prescribed by a political subdivision of a State.
          [(10)] (11) ``United States'' means the States of the 
        United States and the District of Columbia.

Sec. 31135. Duties of employers and employees

  (a) In General._Each employer and employee shall comply with 
regulations on commercial motor vehicle safety prescribed by 
the Secretary of Transportation under this subchapter that 
apply to the employer's or employee's conduct.
  (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.

Sec. 31136. United States Government regulations

  (a) Minimum Safety Standards.--Subject to section 30103(a) of 
this title, the Secretary of Transportation shall prescribe 
regulations on commercial motor vehicle safety. The regulations 
shall prescribe minimum safety standards for commercial motor 
vehicles. At a minimum, the regulations shall ensure that--
          (1) commercial motor vehicles are maintained, 
        equipped, loaded, and operated safely;
          (2) the responsibilities imposed on operators of 
        commercial motor vehicles do not impair their ability 
        to operate the vehicles safely;
          [(3) the physical condition of operators of 
        commercial motor vehicles is adequate to enable them to 
        operate the vehicles safely; and]
          (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
          (4) the operation of commercial motor vehicles does 
        not have a deleterious effect on the physical condition 
        of the operators.
  (b) Eliminating and Amending Existing Regulations.--The 
Secretary may not eliminate or amend an existing motor carrier 
safety regulation related only to the maintenance, equipment, 
loading, or operation (including routing) of vehicles carrying 
material found to be hazardous under section 5103 of this title 
until an equivalent or more stringent regulation has been 
prescribed under section 5103.
  (c) Procedures and Considerations.--(1) A regulation under 
this section shall be prescribed under section 553 of title 5 
(without regard to sections 556 and 557 of title 5).
  (2) Before prescribing regulations under this section, the 
Secretary shall consider, to the extent practicable and 
consistent with the purposes of this chapter--
          (A) costs and benefits; and
          (B) State laws and regulations on commercial motor 
        vehicle safety, to minimize their unnecessary 
        preemption.
  (d) Effect of Existing Regulations.--If the Secretary does 
not prescribe regulations on commercial motor vehicle safety 
under this section, regulations on commercial motor vehicle 
safety prescribed by the Secretary before October 30, 1984, and 
in effect on October 30, 1984, shall be deemed in this 
subchapter to be regulations prescribed by the Secretary under 
this section.
  (e) Exemptions.--The Secretary may grant in accordance with 
section 31315 waivers and exemptions from, or conduct pilot 
programs with respect to, any regulations prescribed under this 
section.
  (f) Limitations on Municipality and Commercial Zone 
Exemptions and Waivers.--(1) The Secretary may not--
          (A) exempt a person or commercial motor vehicle from 
        a regulation related to commercial motor vehicle safety 
        only because the operations of the person or vehicle 
        are entirely in a municipality or commercial zone of a 
        municipality; or
          (B) waive application to a person or commercial motor 
        vehicle of a regulation related to commercial motor 
        vehicle safety only because the operations of the 
        person or vehicle are entirely in a municipality or 
        commercial zone of a municipality.
  (2) If a person was authorized to operate a commercial motor 
vehicle in a municipality or commercial zone of a municipality 
in the United States for the entire period from November 19, 
1987, through November 18, 1988, and if the person is otherwise 
qualified to operate a commercial motor vehicle, the person may 
operate a commercial motor vehicle entirely in a municipality 
or commercial zone of a municipality notwithstanding--
          (A) paragraph (1) of this subsection;
          (B) a minimum age requirement of the United States 
        Government for operation of the vehicle; and
          (C) a medical or physical condition that--
                  (i) would prevent an operator from operating 
                a commercial motor vehicle under the commercial 
                motor vehicle safety regulations in title 49, 
                Code of Federal Regulations;
                  (ii) existed on July 1, 1988;
                  (iii) has not substantially worsened; and
                  (iv) does not involve alcohol or drug abuse.
  (3) This subsection does not affect a State commercial motor 
vehicle safety law applicable to intrastate commerce.
  (g) Inspection, Repair, and Maintenance of Intermodal 
Equipment.--The Secretary or an employee of the Department of 
Transportation designated by the Secretary may inspect 
intermodal equipment, and copy related maintenance and repair 
records for such equipment, on demand and display of proper 
credentials.
  (h) Out-of-Service Until Repair.--Any intermodal equipment 
that is determined under this section to fail to comply with 
applicable safety regulations shall be taken out of service and 
may not be used on a public highway until the repairs necessary 
to bring such equipment into compliance have been completed. 
Repairs of equipment taken out of service shall be documented 
in the maintenance records for such equipment.

Sec. 31138. Minimum financial responsibility for transporting 
                    passengers

  [(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 for 
compensation 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.]
  (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.
  (b) Minimum Amounts.--The level of financial responsibility 
established under subsection (a) of this section for a motor 
vehicle with a seating capacity of--
          (1) at least 16 passengers shall be at least 
        $5,000,000; and
          (2) not more than 15 passengers shall be at least 
        $1,500,000.
  (c) Evidence of Financial Responsibility.--(1) Subject to 
paragraph (2) of this subsection, financial responsibility may 
be established by evidence of one or a combination of the 
following if acceptable to the Secretary of Transportation:
          (A) insurance, including high self-retention.
          (B) a guarantee.
          (C) a surety bond issued by a bonding company 
        authorized to do business in the United States.
  (2) A person domiciled in a country contiguous to the United 
States and providing transportation to which a minimum level of 
financial responsibility under this section applies shall have 
evidence of financial responsibility in the motor vehicle when 
the person is providing the transportation. If evidence of 
financial responsibility is not in the vehicle, the Secretary 
of Transportation and the Secretary of the Treasury shall deny 
entry of the vehicle into the United States.
  (3) A motor carrier may obtain the required amount of 
financial responsibility from more than one source provided the 
cumulative amount is equal to the minimum requirements of this 
section.
          (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.
  (d) Civil Penalty.--(1) If, after notice and an opportunity 
for a hearing, the Secretary of Transportation finds that a 
person (except an employee acting without knowledge) has 
knowingly violated this section or a regulation prescribed 
under this section, the person is liable to the United States 
Government for a civil penalty of not more than $10,000 for 
each violation. A separate violation occurs for each day the 
violation continues.
  (2) The Secretary of Transportation shall impose the penalty 
by written notice. In determining the amount of the penalty, 
the Secretary shall consider--
          (A) the nature, circumstances, extent, and gravity of 
        the violation;
          (B) with respect to the violator, the degree of 
        culpability, any history of prior violations, the 
        ability to pay, and any effect on the ability to 
        continue doing business; and
          (C) other matters that justice requires.
  (3) The Secretary of Transportation may compromise the 
penalty before referring the matter to the Attorney General for 
collection.
  (4) The Attorney General shall bring a civil action in an 
appropriate district court of the United States to collect a 
penalty referred to the Attorney General for collection under 
this subsection.
  (5) The amount of the penalty may be deducted from amounts 
the Government owes the person. An amount collected under this 
section shall be deposited in the Treasury as miscellaneous 
receipts.
  (e) Nonapplication.--This section does not apply to a motor 
vehicle--
          (1) transporting only school children and teachers to 
        or from school;
          (2) providing taxicab service (as defined in section 
        13102);
          (3) carrying not more than 15 individuals in a 
        single, daily round trip to and from work; or
          (4) providing transportation service within a transit 
        service area under an agreement with a Federal, State, 
        or local government funded, in whole or in part, with a 
        grant under section 5307, 5310, or 5311, including 
        transportation designed and carried out to meet the 
        special needs of elderly individuals and individuals 
        with disabilities; except that, in any case in which 
        the transit service area is located in more than 1 
        State, the minimum level of financial responsibility 
        for such motor vehicle will be at least the highest 
        level required for any of such States.

Sec. 31139. Minimum financial responsibility for transporting property

  (a) Definitions.--In this section--
          (1) ``farm vehicle'' means a vehicle--
                  (A) designed or adapted and used only for 
                agriculture;
                  (B) operated by a motor private carrier (as 
                defined in section 10102 of this title); and
                  (C) operated only incidentally on highways.
          (2) ``interstate commerce'' includes transportation 
        between a place in a State and a place outside the 
        United States, to the extent the transportation is in 
        the United States.
          (3) ``State'' means a State of the United States, the 
        District of Columbia, Puerto Rico, the Virgin Islands, 
        American Samoa, Guam, and the Northern Mariana Islands.
  [(b) General Requirement 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 for compensation 
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.]
  (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) The level of financial responsibility established 
        under paragraph (1) of this subsection shall be at 
        least $750,000.
  (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.
  [(c)] (d) Requirements for Hazardous Matter and Oil.--(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 by motor vehicle in 
interstate or intrastate commerce of--
          (A) hazardous material (as defined by the Secretary);
          (B) oil or hazardous substances (as defined by the 
        Administrator of the Environmental Protection Agency); 
        or
          (C) hazardous wastes (as defined by the 
        Administrator).
  (2)(A) Except as provided in subparagraph (B) of this 
paragraph, the level of financial responsibility established 
under paragraph (1) of this subsection shall be at least 
$5,000,000 for the transportation--
          (i) of hazardous substances (as defined by the 
        Administrator) in cargo tanks, portable tanks, or 
        hopper-type vehicles, with capacities of more than 
        3,500 water gallons;
          (ii) in bulk of class A explosives, poison gas, 
        liquefied gas, or compressed gas; or
          (iii) of large quantities of radioactive material.
  (B) The Secretary of Transportation by regulation may reduce 
the minimum level in subparagraph (A) of this paragraph (to an 
amount not less than $1,000,000) for transportation described 
in subparagraph (A) in any of the territories of Puerto Rico, 
the Virgin Islands, American Samoa, Guam, and the Northern 
Mariana Islands if--
          (i) the chief executive officer of the territory 
        requests the reduction;
          (ii) the reduction will prevent a serious disruption 
        in transportation service and will not adversely affect 
        public safety; and
          (iii) insurance of $5,000,000 is not readily 
        available.
  (3) The level of financial responsibility established under 
paragraph (1) of this subsection for the transportation of a 
material, oil, substance, or waste not subject to paragraph (2) 
of this subsection shall be at least $1,000,000. However, if 
the Secretary of Transportation finds it will not adversely 
affect public safety, the Secretary by regulation may reduce 
the amount for--
          (A) a class of vehicles transporting such a material, 
        oil, substance, or waste in intrastate commerce (except 
        in bulk); and
          (B) a farm vehicle transporting such a material or 
        substance in interstate commerce (except in bulk).
  [(d)] (e) Foreign Motor Carriers and Private Carriers.--
Regulations prescribed under this section may allow foreign 
motor carriers and foreign motor private carriers (as those 
terms are defined in section 10530 of this title) providing 
transportation of property under a certificate of registration 
issued under section 10530 to meet the minimum levels of 
financial responsibility under this section only when those 
carriers are providing transportation for property in the 
United States.
  [(e)] (f) Evidence of Financial Responsibility.--(1) Subject 
to paragraph (2) of this subsection, financial responsibility 
may be established by evidence of one or a combination of the 
following if acceptable to the Secretary of Transportation:
          (A) insurance.
          (B) a guarantee.
          (C) a surety bond issued by a bonding company 
        authorized to do business in the United States.
          (D) qualification as a self-insurer.
  (2) A person domiciled in a country contiguous to the United 
States and providing transportation to which a minimum level of 
financial responsibility under this section applies shall have 
evidence of financial responsibility in the motor vehicle when 
the person is providing the transportation. If evidence of 
financial responsibility is not in the vehicle, the Secretary 
of Transportation and the Secretary of the Treasury shall deny 
entry of the vehicle into the United States.
  (3) A motor carrier may obtain the required amount of 
financial responsibility from more than one source provided the 
cumulative amount is equal to the minimum requirements of this 
section.
  [(f)] (g) Civil Penalty.--(1) If, after notice and an 
opportunity for a hearing, the Secretary of Transportation 
finds that a person (except an employee acting without 
knowledge) has knowingly violated this section or a regulation 
prescribed under this section, the person is liable to the 
United States Government for a civil penalty of not more than 
$10,000 for each violation. A separate violation occurs for 
each day the violation continues.
  (2) The Secretary of Transportation shall impose the penalty 
by written notice. In determining the amount of the penalty, 
the Secretary shall consider--
          (A) the nature, circumstances, extent, and gravity of 
        the violation;
          (B) with respect to the violator, the degree of 
        culpability, any history of prior violations, the 
        ability to pay, and any effect on the ability to 
        continue doing business; and
          (C) other matters that justice requires.
  (3) The Secretary of Transportation may compromise the 
penalty before referring the matter to the Attorney General for 
collection.
  (4) The Attorney General shall bring a civil action in an 
appropriate district court of the United States to collect a 
penalty referred to the Attorney General for collection under 
this subsection.
  (5) The amount of the penalty may be deducted from amounts 
the Government owes the person. An amount collected under this 
section shall be deposited in the Treasury as miscellaneous 
receipts.
  [(g)] (h) Nonapplication.--This section does not apply to a 
motor vehicle having a gross vehicle weight rating of less than 
10,000 pounds if the vehicle is not used to transport in 
interstate or foreign commerce--
          (1) class A or B explosives;
          (2) poison gas; or
          (3) a large quantity of radioactive material.

Sec. 31141. Review and preemption of State laws and regulations

  (a) Preemption After Decision.--A State may not enforce a 
State law or regulation on commercial motor vehicle safety that 
the Secretary of Transportation decides under this section may 
not be enforced.
  (b) Submission of Regulation.--A State receiving funds made 
available under section 31104 that enacts a State law or issues 
a regulation on commercial motor vehicle safety shall submit a 
copy of the law or regulation to the Secretary immediately 
after the enactment or issuance.
  (c) Review and Decisions by Secretary.--
          (1) Review.--[The Secretary] Except as provided by 
        subsection (h), the Secretary shall review State laws 
        and regulations on commercial motor vehicle safety. The 
        Secretary shall decide whether the State law or 
        regulation--
                  (A) has the same effect as a regulation 
                prescribed by the Secretary under section 
                31136;
                  (B) is less stringent than such regulation; 
                or
                  (C) is additional to or more stringent than 
                such regulation.
          (2) Regulations with same effect.--If the Secretary 
        decides a State law or regulation has the same effect 
        as a regulation prescribed by the Secretary under 
        section 31136 of this title, the State law or 
        regulation may be enforced.
          (3) Less stringent regulations.--If the Secretary 
        decides a State law or regulation is less stringent 
        than a regulation prescribed by the Secretary under 
        section 31136 of this title, the State law or 
        regulation may not be enforced.
          (4) Additional or more stringent regulations.--If the 
        Secretary decides a State law or regulation is 
        additional to or more stringent than a regulation 
        prescribed by the Secretary under section 31136 of this 
        title, the State law or regulation may be enforced 
        unless the Secretary also decides that--
                  (A) the State law or regulation has no safety 
                benefit;
                  (B) the State law or regulation is 
                incompatible with the regulation prescribed by 
                the Secretary; or
                  (C) enforcement of the State law or 
                regulation would cause an unreasonable burden 
                on interstate commerce.
          (5) Consideration of effect on interstate commerce.--
        In deciding under paragraph (4) whether a State law or 
        regulation will cause an unreasonable burden on 
        interstate commerce, the Secretary may consider the 
        effect on interstate commerce of implementation of that 
        law or regulation with the implementation of all 
        similar laws and regulations of other States.
  (d) Waivers.--(1) A person (including a State) may petition 
the Secretary for a waiver of a decision of the Secretary that 
a State law or regulation may not be enforced under this 
section. The Secretary shall grant the waiver, as expeditiously 
as possible, if the person demonstrates to the satisfaction of 
the Secretary that the waiver is consistent with the public 
interest and the safe operation of commercial motor vehicles.
  (2) Before deciding whether to grant or deny a petition for a 
waiver under this subsection, the Secretary shall give the 
petitioner an opportunity for a hearing on the record.
  (e) Written Notice of Decisions.--Not later than 10 days 
after making a decision under subsection (c) of this section 
that a State law or regulation may not be enforced, the 
Secretary shall give written notice to the State of that 
decision.
  (f) Judicial Review and Venue.--(1) Not later than 60 days 
after the Secretary makes a decision under subsection (c) of 
this section, or grants or denies a petition for a waiver under 
subsection (d) of this section, a person (including a State) 
adversely affected by the decision, grant, or denial may file a 
petition for judicial review. The petition may be filed in the 
court of appeals of the United States for the District of 
Columbia Circuit or in the court of appeals of the United 
States for the circuit in which the person resides or has its 
principal place of business.
  (2) The court has jurisdiction to review the decision, grant, 
or denial and to grant appropriate relief, including interim 
relief, as provided in chapter 7 of title 5.
  (3) A judgment of a court under this subsection may be 
reviewed only by the Supreme Court under section 1254 of title 
28.
  (4) The remedies provided for in this subsection are in 
addition to other remedies provided by law.
  (g) Initiating Review Proceedings.--To review a State law or 
regulation on commercial motor vehicle safety under this 
section, the Secretary may initiate a regulatory proceeding on 
the Secretary's own initiative or on petition of an interested 
person (including a State).
  (h) Preemption Generally.--Except as otherwise authorized by 
law and as provided in subsection (i), a law, regulation, 
order, or other requirement of a State, a political subdivision 
of a State, or a tribal organization, is preempted if such law, 
regulation, order, or other requirement exceeds or is 
inconsistent with a requirement imposed under or pursuant to 
this chapter.
  (i) Pre-existing State Requirements.--
          (1) In general.--Except as provided in paragraph (2), 
        a State requirement for the periodic inspection of 
        intermodal chassis by intermodal equipment providers 
        that was in effect on January 1, 2005, shall remain in 
        effect only until the date on which requirements 
        prescribed under section 127 of the Surface 
        Transportation Safety Improvement Act of 2005 take 
        effect.
          (2) Non-preemption determinations.--
                  (A) In general.--A State requirement 
                described in paragraph (1) is not preempted by 
                a Federal requirement prescribed under section 
                127 of that Act if the Secretary determines 
                that the State requirement is as effective as 
                the Federal requirement and does not unduly 
                burden interstate commerce.
                  (B) Application required.--Subparagraph (A) 
                applies to a State requirement only if the 
                State applies to the Secretary for a 
                determination under this paragraph with respect 
                to the requirement before the date on which 
                requirements prescribed under section 127 of 
                that Act take effect. The Secretary shall make 
                a determination with respect to any such 
                application within 6 months after the date on 
                which the Secretary receives the application.
                  (C) Amended state requirements.--Any 
                amendment to a State requirement not preempted 
                under this subsection because of a 
                determination by the Secretary under 
                subparagraph (A) may not take effect unless--
                          (i) it is submitted to the Secretary 
                        before the effective date of the 
                        amendment; and
                          (ii) the Secretary determines that 
                        the amendment would not cause the State 
                        requirement to be less effective than 
                        the Federal requirement and would not 
                        unduly burden interstate commerce.

Sec. 31144. Safety fitness of owners and operators

  [(a) In General.--The Secretary shall--
          [(1) determine whether an owner or operator is fit to 
        operate safely commercial motor vehicles;
          [(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.]
  (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) Procedure.--The Secretary shall maintain by regulation a 
procedure for determining the safety fitness of an owner or 
operator. The procedure shall include, at a minimum, the 
following elements:
          (1) Specific initial and continuing requirements with 
        which an owner or operator must comply to demonstrate 
        safety fitness.
          (2) A methodology the Secretary will use to determine 
        whether an owner or operator is fit.
          (3) Specific time frames within which the Secretary 
        will determine whether an owner or operator is fit.
  (c) Prohibited Transportation.--
          (1) In general.--Except as provided in [sections 
        521(b)(5)(A) and 5113] section 521(b)(5)(A) of this 
        title and this subsection, an owner or operator who the 
        Secretary determines is not fit may not operate 
        commercial motor vehicles in interstate commerce 
        beginning on the 61st day after the date of such 
        fitness determination and until the Secretary 
        determines such owner or operator is fit.
          (2) Owners or operators transporting passengers.--
        With regard to owners or operators of commercial motor 
        vehicles designed or used to transport passengers, an 
        owner or operator who the Secretary determines is not 
        fit may not operate in interstate commerce beginning on 
        the 46th day after the date of such fitness 
        determination and until the Secretary determines such 
        owner or operator is fit.
          (3) Owners or operators transporting hazardous 
        material.--With regard to owners or operators of 
        commercial motor vehicles designed or used to transport 
        hazardous material for which placarding of a motor 
        vehicle is required under regulations prescribed under 
        chapter 51, an owner or operator who the Secretary 
        determines is not fit may not operate in interstate 
        commerce beginning on the 46th day after the date of 
        such fitness determination and until the Secretary 
        determines such owner or operator is fit. A violation 
        of this paragraph by an owner or operator transporting 
        hazardous material shall be considered a violation of 
        chapter 51 of this title, and shall be subject to the 
        penalties in sections 5123 and 5124 of this title.
          (4) Secretary's discretion.--Except for owners or 
        operators described in paragraphs (2) and (3), the 
        Secretary may allow an owner or operator who is not fit 
        to continue operating for an additional 60 days after 
        the 61st day after the date of the Secretary's fitness 
        determination, if the Secretary determines that such 
        owner or operator is making a good faith effort to 
        become fit.
          (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.
  (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.
  [(d)] (e) Review of Fitness Determinations.--
          (1) In general.--Not later than 45 days after an 
        unfit owner or operator requests a review, the 
        Secretary shall review such owner's or operator's 
        compliance with those requirements with which the owner 
        or operator failed to comply and resulted in the 
        Secretary determining that the owner or operator was 
        not fit.
          (2) Owners or operators transporting passengers.--Not 
        later than 30 days after an unfit owner or operator of 
        commercial motor vehicles designed or used to transport 
        passengers requests a review, the Secretary shall 
        review such owner's or operator's compliance with those 
        requirements with which the owner or operator failed to 
        comply and resulted in the Secretary determining that 
        the owner or operator was not fit.
          (3) Owners or operators transporting hazardous 
        material.--Not later than 30 days after an unfit owner 
        or operator of commercial motor vehicles designed or 
        used to transport hazardous material for which 
        placarding of a motor vehicle is required under 
        regulations prescribed under chapter 51, the Secretary 
        shall review such owner's or operator's compliance with 
        those requirements with which the owner or operator 
        failed to comply and resulted in the Secretary 
        determining that the owner or operator was not fit.
  [(e)] (f) Prohibited Government Use.--A department, agency, 
or instrumentality of the United States Government may not use 
to provide any transportation service an owner or operator who 
the Secretary has determined is not fit until the Secretary 
determines such owner or operator is fit.
  [(c)] (g) Safety Reviews of New Operators.--
          (1) In general.--The Secretary shall require, by 
        regulation, each owner and each operator granted new 
        operating authority, after the date on which section 
        31148(b) is first implemented, to undergo a safety 
        review within the first 18 months after the owner or 
        operator, as the case may be, begins operations under 
        such authority.
          (2) Elements.--In the regulations issued pursuant to 
        paragraph (1), the Secretary shall establish the 
        elements of the safety review, including basic safety 
        management controls. In establishing such elements, the 
        Secretary shall consider their effects on small 
        businesses and shall consider establishing alternate 
        locations where such reviews may be conducted for the 
        convenience of small businesses.
          (3) Phase-in of requirement.--The Secretary shall 
        phase in the requirements of paragraph (1) in a manner 
        that takes into account the availability of certified 
        motor carrier safety auditors.
          (4) New entrant authority.--Notwithstanding any other 
        provision of this title, any new operating authority 
        granted after the date on which section 31148(b) is 
        first implemented shall be designated as new entrant 
        authority until the safety review required by paragraph 
        (1) is completed.

Sec. 31149. Exemptions from requirements relating to commercial motor 
                    vehicles and their operators

  (a) Exemptions.--
        [(1) Transportation of agricultural commodities and 
        farm supplies.--Regulations prescribed by the Secretary 
        under sections 31136 and 31502 regarding maximum 
        driving and on-duty time for drivers used by motor 
        carriers shall not apply to drivers transporting 
        agricultural commodities or farm supplies for 
        agricultural purposes in a State if such transportation 
        is limited to an area within a 100 air mile radius from 
        the source of the commodities or the distribution point 
        for the farm supplies and is during the planting and 
        harvesting seasons within such State, as determined by 
        the State.]
          (1) Transportation of agricultural commodities and 
        farm supplies.--Regulations prescribed by the Secretary 
        under sections 31136 and 31502 of this title regarding 
        maximum driving and on-duty time for drivers used by 
        motor carriers shall not apply during planting and 
        harvest periods, as determined by each State, to 
        drivers transporting agricultural commodities or farm 
        supplies for agricultural purposes in a State if such 
        transportation is limited to an area within a 100 air 
        mile radius from the source of the commodities or the 
        distribution point for the farm supplies.
          (2) Transportation and operation of ground water well 
        drilling rigs.--Such regulations shall, in the case of 
        a driver of a commercial motor vehicle who is used 
        primarily in the transportation and operation of a 
        ground water well drilling rig, permit any period of 7 
        or 8 consecutive days to end with the beginning of an 
        off-duty period of 24 or more consecutive hours for the 
        purposes of determining maximum driving and on-duty 
        time.
          (3) Transportation of construction materials and 
        equipment.--Such regulations shall, in the case of a 
        driver of a commercial motor vehicle who is used 
        primarily in the transportation of construction 
        materials and equipment, permit any period of 7 or 8 
        consecutive days to end with the beginning of an off-
        duty period of 24 or more consecutive hours for the 
        purposes of determining maximum driving and on-duty 
        time.
          [(4) Drivers of utility service vehicles.--Such 
        regulations shall, in the case of a driver of a utility 
        service vehicle, permit any period of 7 or 8 
        consecutive days to end with the beginning of an off-
        duty period of 24 or more consecutive hours for the 
        purposes of determining maximum driving and on-duty 
        time.]
          (4) Operators of utility service vehicles.--
                  (A) Inapplicability of federal regulations.--
                Such regulations may not apply to a driver of a 
                utility service vehicle.
                  (B) Prohibition on state regulations.--A 
                State, a political subdivision of a State, an 
                interstate agency, or other entity consisting 
                of 2 or more States, shall not enact or enforce 
                any law, rule, regulation, or standard that 
                imposes requirements on a driver of a utility 
                service vehicle that are similar to the 
                requirements contained in such regulations.
          (5) Snow and ice removal.--A State may waive the 
        requirements of chapter 313, with respect to a vehicle 
        that is being operated within the boundaries of an 
        eligible unit of local government by an employee of 
        such unit for the purpose of removing snow or ice from 
        a roadway by plowing, sanding, or salting. Such waiver 
        authority shall only apply in a case where the employee 
        is needed to operate the vehicle because the employee 
        of the eligible unit of local government who ordinarily 
        operates the vehicle and who has a commercial drivers 
        license is unable to operate the vehicle or is in need 
        of additional assistance due to a snow emergency.
  (b) Preemption.--[Nothing] Except as provided in subsection 
(a)(4), nothing contained in this section shall require the 
preemption of State laws and regulations concerning the safe 
operation of commercial motor vehicles as the result of 
exemptions from Federal requirements provided under this 
section.
  (c) Review by the Secretary.--The Secretary may conduct a 
rulemaking proceeding to determine whether granting any 
exemption provided by subsection (a) (other than [paragraph 
(2)] an exemption under paragraph (1),(2), or (4) ) is not in 
the public interest and would have a significant adverse impact 
on the safety of commercial motor vehicles. If, at any time as 
a result of such a proceeding, the Secretary determines that 
granting such exemption would not be in the public interest and 
would have a significant adverse impact on the safety of 
commercial motor vehicles, the Secretary may prevent the 
exemption from going into effect, modify the exemption, or 
revoke the exemption. The Secretary may develop a program to 
monitor the exemption, including agreements with carriers to 
permit the Secretary to examine insurance information 
maintained by an insurer on a carrier.
  (d) Report.--The Secretary shall monitor the commercial motor 
vehicle safety performance of drivers of vehicles that are 
subject to an exemption under this section. If the Secretary 
determines that public safety has been adversely affected by an 
exemption granted under this section, the Secretary shall 
report to Congress on the determination.
  (e) Definitions.--In this section, the following definitions 
apply:
          (1) 7 or 8 consecutive days.--The term `7 or 8 
        consecutive days' means the period of 7 or 8 
        consecutive days beginning on any day at the time 
        designated by the motor carrier for a 24-hour period.
          (2) 24-hour period.--The term `24-hour period' means 
        any 24 consecutive hour period beginning at the time 
        designated by the motor carrier for the terminal from 
        which the driver is normally dispatched.
          (3) Ground water well drilling rig.--The term `ground 
        water well drilling rig' means any vehicle, machine, 
        tractor, trailer, semi-trailer, or specialized mobile 
        equipment propelled or drawn by mechanical power and 
        used on highways to transport water well field 
        operating equipment, including water well drilling and 
        pump service rigs equipped to access ground water.
          (4) Transportation of construction materials and 
        equipment.--The term `transportation of construction 
        materials and equipment' means the transportation of 
        construction and pavement materials, construction 
        equipment, and construction maintenance vehicles, by a 
        driver to or from an active construction site (a 
        construction site between initial mobilization of 
        equipment and materials to the site to the final 
        completion of the construction project) within a 50 air 
        mile radius of the normal work reporting location of 
        the driver. This paragraph does not apply to the 
        transportation of material found by the Secretary to be 
        hazardous under section 5103 in a quantity requiring 
        placarding under regulations issued to carry out such 
        section.
          (5) Eligible unit of local government.--The term 
        `eligible unit of local government' means a city, town, 
        borough, county, parish, district, or other public body 
        created by or pursuant to State law which has a total 
        population of 3,000 individuals or less.
          (6) Utility service vehicle.--The term `utility 
        service vehicle' means any commercial motor vehicle--
                  (A) used in the furtherance of repairing, 
                maintaining, or operating any structures or any 
                other physical facilities necessary for the 
                delivery of public utility services, including 
                the furnishing of electric, gas, water, 
                sanitary sewer, telephone, and television cable 
                or community antenna service;
                  (B) while engaged in any activity necessarily 
                related to the ultimate delivery of such public 
                utility services to consumers, including travel 
                or movement to, from, upon, or between activity 
                sites (including occasional travel or movement 
                outside the service area necessitated by any 
                utility emergency as determined by the utility 
                provider); and
                  (C) except for any occasional emergency use, 
                operated primarily within the service area of a 
                utility's subscribers or consumers, without 
                regard to whether the vehicle is owned, leased, 
                or rented by the utility.
          (7) Agricultural commodity.--The term ``agricultural 
        commodity'' means any agricultural commodity, non-
        processed food, feed, fiber, or livestock (including 
        livestock as defined in section 602 of the Emergency 
        Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) 
        and insects).
          (8) Farm supplies for agricultural purposes.--The 
        term ``farm supplies for agricultural purposes'' means 
        products directly related to the growing or harvesting 
        of agricultural commodities during the planting and 
        harvesting seasons within each State, as determined by 
        the State, and livestock feed at any time of the year.

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.

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 ``expanded 
        deployment'' means the deployment of systems in a State 
        that exceed the requirements of an core deployment of 
        commercial vehicle information systems and networks, 
        improve safety and the productivity of commercial 
        vehicle operations, and enhance transportation 
        security.

Sec. 31152. Pre-employment safety screening

  (a) In General.--The Secretary of Transportation shall 
provide companies conducting pre-employment screening services 
for the motor carrier industry electronic access to--
          (1) commercial motor vehicle accident report 
        information contained in the Motor Carrier Management 
        Information System; and
          (2) all driver safety violations contained in the 
        Motor Carrier Management Information System.
  (b) Establishment.--Prior to making information available to 
such companies under subsection (a), the Secretary shall--
          (1) ensure that any information released is done in 
        accordance with the Fair Credit Reporting Act (15 
        U.S.C. 1681 et seq.) and all applicable Federal laws;
          (2) require the driver applicant's written consent as 
        a condition of releasing the information;
          (3) ensure that the information made available to 
        companies providing pre-employment screening services 
        is not released to any other unauthorized company or 
        individual, unless expressly authorized or required by 
        law; and
          (4) provide a procedure for drivers to remedy 
        incorrect information in a timely manner.
  (c) Design.--To be eligible to have access to information 
under subsection (a), a company conducting pre-employment 
screening services for the motor carrier industry shall utilize 
a screening process--
          (1) that is designed to assist the motor carrier 
        industry in assessing an individual driver's crash and 
        safety violation history as a pre-employment condition;
          (2) the use of which is not mandatory; and
          (3) which is used only during the pre-employment 
        assessment of a driver-applicant.

           *       *       *       *       *       *       *


                      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.''.

           *       *       *       *       *       *       *


Sec. 31302. Commercial driver's license requirement

  No individual shall operate a commercial motor vehicle 
without a valid commercial driver's license issued in 
accordance with section 31308. An individual operating a 
commercial motor vehicle may have only one driver's license at 
any [time.] license, and may have only 1 learner's permit at 
any time.

Sec. 31308. Commercial driver's license

  After consultation with the States, the Secretary of 
Transportation shall prescribe regulations on minimum uniform 
standards for the issuance of commercial drivers' licenses and 
learners' permits by the States and for information to be 
contained on each of the [licenses.] licenses and permits. The 
standards shall require at a minimum that--
          (1) an individual issued a commercial driver's 
        license pass written and driving tests for the 
        operation of a commercial motor vehicle that comply 
        with the minimum standards prescribed by the Secretary 
        under section 31305(a) of this title;
          (2) before a commercial driver's license learner's 
        permit can be issued to an individual, the individual 
        must pass a written test on the operation of a 
        commercial motor vehicle that complies with the minimum 
        standards prescribed by the Secretary under section 
        31305(a) of this title;
          [(2)] (3) the license or learner's permit be 
        tamperproof to the maximum extent practicable and each 
        license or learner's permit issued after January 1, 
        2001, include unique identifiers (which may include 
        biometric identifiers) to minimize fraud and 
        duplication; and
          [(3)] (4) the license or learner's permit contain--
                  (A) the name and address of the individual 
                issued the license or learner's permit and a 
                physical description of the individual;
                  (B) the social security account number or 
                other number or information the Secretary 
                decides is appropriate to identify the 
                individual;
                  (C) the class or type of commercial motor 
                vehicle the individual is authorized to operate 
                under the license or learner's permit;
                  (D) the name of the State that issued the 
                license or learner's permit; and
                  (E) the dates between which the license or 
                learner's permit is valid.

Sec. 31309. Commercial driver's license information system

  (a) General Requirement.--The Secretary of Transportation 
shall maintain an information system that will serve as a 
clearinghouse and depository of information about the 
licensing, identification, and disqualification of operators of 
commercial motor vehicles. The system shall be coordinated with 
activities carried out under section 31106. [The Secretary] 
Except as provided in subsection (e), the Secretary  shall 
consult with the States in carrying out this section.
  (b) Contents.--(1) At a minimum, the information system under 
this section shall include for each operator of a commercial 
motor vehicle--
          (A) information the Secretary considers appropriate 
        to ensure identification of the operator;
          (B) the name, address, and physical description of 
        the operator;
          (C) the social security account number of the 
        operator or other number or information the Secretary 
        considers appropriate to identify the operator;
          (D) the name of the State that issued the license or 
        learner's permit to the operator;
          (E) the dates between which the license or learner's 
        permit is valid; and
          (F) whether the operator had a commercial motor 
        vehicle driver's license or learner's permit revoked, 
        suspended, or canceled by a State, lost the right to 
        operate a commercial motor vehicle in a State for any 
        period, or has been disqualified from operating a 
        commercial motor vehicle.
  (2) The information system under this section must 
accommodate any unique identifiers required to minimize fraud 
or duplication of a commercial driver's license or learner's 
permit under section 31308(2).
  (c) Availability of Information.--Information in the 
information system shall be made available and subject to 
review and correction in accordance with the policy developed 
under section 31106(e).
  (d) Fee System.--The Secretary may establish a fee system for 
using the information system. Fees collected under this 
subsection in a fiscal year shall equal as nearly as possible 
the costs of operating the information system in that fiscal 
year. The Secretary shall deposit fees collected under this 
subsection in the Highway Trust Fund (except the Mass Transit 
Account).
  (e) Information System Modernization Account.--
          (1) Establishment.--The Secretary of Transportation 
        shall establish an account to be known as the 
        Information System Modernization Account.
          (2) Credits.--Fees collected for any fiscal year 
        beginning after fiscal year 2006 under subsection (d) 
        by the Secretary of Transportation, or an organization 
        that represents the interests of the States, in excess 
        of the costs of operating the information system in 
        that fiscal year shall be and credited to the 
        Information System Modernization Account.
          (3) Use of funds.--Amounts credited to the 
        Information System Modernization Account shall be 
        available exclusively for the purpose of modernizing 
        the information system under subsection (f).
  (f) Modernization Plan.--
          (1) In general.--The Secretary shall develop a 
        comprehensive plan for modernization of the information 
        system that--
                  (A) complies with applicable Federal 
                information technology security standards;
                  (B) provides for the electronic exchange of 
                all information including the posting of 
                convictions;
                  (C) contains self auditing features to ensure 
                that data is being posted correctly and 
                consistently by the States;
                  (D) integrates the commercial driver's 
                license and the medical certificate; and
                  (E) provides a schedule for modernization of 
                the system.
          (2) Competitive contracting.--The Secretary may use 
        non-Federal entities selected by an open, merit-based, 
        competitive process to develop and implement the 
        modernization plan.
          (3) State participation.--
                  (A) Deadline.--The Secretary shall establish 
                a date by which each State must convert to the 
                new information system.
                  (B) Funding.--A State may use funds made 
                available under section 31318 of this title to 
                develop or modify its system to be compatible 
                with the modernized information system 
                developed by the Secretary under this 
                subsection.

Sec. 31310. Disqualifications

  (a) Blood Alcohol Concentration Level.--In this section, the 
blood alcohol concentration level at or above which an 
individual when operating a commercial motor vehicle is deemed 
to be driving under the influence of alcohol is .04 percent.
  (b) First Violation or Committing Felony.--(1) Except as 
provided in paragraph (2) of this subsection and subsection (c) 
of this section, the Secretary of Transportation shall 
disqualify from operating a commercial motor vehicle for at 
least one year an individual--
          (A) committing a first violation of driving a 
        commercial motor vehicle under the influence of alcohol 
        or a controlled substance;
          (B) committing a first violation of leaving the scene 
        of an accident involving a commercial motor vehicle 
        operated by the individual;
          (C) using a commercial motor vehicle in committing a 
        felony (except a felony described in subsection (d) of 
        this section);
          (D) committing a first violation of driving a 
        commercial motor vehicle when the individual's 
        commercial driver's license is revoked, suspended, or 
        canceled based on the individual's operation of a 
        commercial motor vehicle or when the individual is 
        disqualified from operating a commercial motor vehicle 
        based on the individual's operation of a commercial 
        motor vehicle; or
          (E) convicted of causing a fatality through negligent 
        or criminal operation of a commercial motor vehicle.
  (2) If the vehicle involved in a violation referred to in 
paragraph (1) of this subsection is transporting hazardous 
material required to be placarded under section 5103 of this 
title, the Secretary shall disqualify the individual for at 
least 3 years.
  (c) Second and Multiple Violations.--(1) Subject to paragraph 
(2) of this subsection, the Secretary shall disqualify from 
operating a commercial motor vehicle for life an individual--
          (A) committing more than one violation of driving a 
        commercial motor vehicle under the influence of alcohol 
        or a controlled substance;
          (B) committing more than one violation of leaving the 
        scene of an accident involving a commercial motor 
        vehicle operated by the individual;
          (C) using a commercial motor vehicle in committing 
        more than one felony arising out of different criminal 
        episodes;
          (D) committing more than one violation of driving a 
        commercial motor vehicle when the individual's 
        commercial driver's license is revoked, suspended, or 
        canceled based on the individual's operation of a 
        commercial motor vehicle or when the individual is 
        disqualified from operating a commercial motor vehicle 
        based on the individual's operation of a commercial 
        motor vehicle;
          (E) convicted of more than one offense of causing a 
        fatality through negligent or criminal operation of a 
        commercial motor vehicle; or
          (F) committing any combination of single violations 
        or use described in subparagraphs (A) through (E).
  (2) The Secretary may prescribe regulations establishing 
guidelines (including conditions) under which a 
disqualification for life under paragraph (1) of this 
subsection may be reduced to a period of not less than 10 
years.
  (d) Controlled Substance Violations.--The Secretary shall 
disqualify from operating a commercial motor vehicle for life 
an individual who uses a commercial motor vehicle in committing 
a felony involving manufacturing, distributing, or dispensing a 
controlled substance, or possession with intent to manufacture, 
distribute, or dispense a controlled substance.
  (e) Serious Traffic Violations.--(1) The Secretary shall 
disqualify from operating a commercial motor vehicle for at 
least 60 days an individual who, in a 3-year period, commits 2 
serious traffic violations involving a commercial motor vehicle 
operated by the individual.
  (2) The Secretary shall disqualify from operating a 
commercial motor vehicle for at least 120 days an individual 
who, in a 3-year period, commits 3 serious traffic violations 
involving a commercial motor vehicle operated by the 
individual.
  (f) Emergency Disqualification.--
          (1) Limited duration.--The Secretary shall disqualify 
        an individual from operating a commercial motor vehicle 
        for not to exceed 30 days if the Secretary determines 
        that allowing the individual to continue to operate a 
        commercial motor vehicle would create an imminent 
        hazard (as such term is defined in section 5102).
          (2) After notice and hearing.--The Secretary shall 
        disqualify an individual from operating a commercial 
        motor vehicle for more than 30 days if the Secretary 
        determines, after notice and an opportunity for a 
        hearing, that allowing the individual to continue to 
        operate a commercial motor vehicle would create an 
        imminent hazard (as such term is defined in section 
        5102).
  (g) Noncommercial Motor Vehicle Convictions.--
          (1) Issuance of regulations.--Not later than 1 year 
        after the date of the enactment of this Act, the 
        Secretary shall issue regulations providing for the 
        disqualification by the Secretary from operating a 
        commercial motor vehicle of an individual who holds a 
        commercial driver's license and who has been convicted 
        of--
                  (A) a serious offense involving a motor 
                vehicle (other than a commercial motor vehicle) 
                that has resulted in the revocation, 
                cancellation, or suspension of the individual's 
                license; or
                  (B) a drug or alcohol related offense 
                involving a motor vehicle (other than a 
                commercial motor vehicle).
          (2) Requirements for regulations.--Regulations issued 
        under paragraph (1) shall establish the minimum periods 
        for which the disqualifications shall be in effect, but 
        in no case shall the time periods for disqualification 
        for noncommercial motor vehicle violations be more 
        stringent than those for offenses or violations 
        involving a commercial motor vehicle. The Secretary 
        shall determine such periods based on the seriousness 
        of the offenses on which the convictions are based.
  (h) State Disqualification.--Notwithstanding subsections (b) 
through (g) of this section, the Secretary does not have to 
disqualify an individual from operating a commercial motor 
vehicle if the State that issued the individual a license 
authorizing the operation has disqualified the individual from 
operating a commercial motor vehicle under subsections (b) 
through (g). Revocation, suspension, or cancellation of the 
license is deemed to be disqualification under this subsection.
  (i) Out-of-Service Orders.--(1)(A) To enforce section 392.5 
of title 49, Code of Federal Regulations, the Secretary shall 
prescribe regulations establishing and enforcing an out-of-
service period of 24 hours for an individual who violates 
section 392.5. An individual may not violate an out-of-service 
order issued under those regulations.
  (B) The Secretary shall prescribe regulations establishing 
and enforcing requirements for reporting out-of-service orders 
issued under regulations prescribed under subparagraph (A) of 
this paragraph. Regulations prescribed under this subparagraph 
shall require at least that an operator of a commercial motor 
vehicle who is issued an out-of-service order to report the 
issuance to the individual's employer and to the State that 
issued the operator a driver's license.
  [(2) Not later than December 18, 1992, 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 90 days and liable for a civil 
        penalty of at least $1,000;
          [(B) an operator of a commercial motor vehicle found 
        to have committed a 2d violation of an out-of-service 
        order shall be disqualified from operating such a 
        vehicle for at least one year and not more than 5 years 
        and liable for a civil penalty of at least $1,000; and
          [(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 $10,000.]
          (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.
  (j) Grade-Crossing Violations.--
          (1) Sanctions.--The Secretary shall issue regulations 
        establishing sanctions and penalties relating to 
        violations, by persons operating commercial motor 
        vehicles, of laws and regulations pertaining to 
        railroad-highway grade crossings.
          (2) Minimum requirements.--The regulations issued 
        under paragraph (1) shall, at a minimum, require that--
                  (A) the penalty for a single violation is not 
                less than a 60-day disqualification of the 
                driver's commercial driver's license; and
                  (B) any employer that knowingly allows, 
                permits, authorizes, or requires an employee to 
                operate a commercial motor vehicle in violation 
                of such a law or regulation shall be subject to 
                a civil penalty of not more than $10,000.

Sec. 31314. Withholding amounts for State noncompliance

  (a) First Fiscal Year.--The Secretary of Transportation shall 
withhold 5 percent of the amount required to be apportioned to 
a State under section 104(b)(1), (3), and (4) of title 23 on 
the first day of the fiscal year after the first fiscal year 
beginning after September 30, 1992, throughout which the State 
does not comply substantially with a requirement of section 
31311(a) of this title.
  (b) Second Fiscal Year.--The Secretary shall withhold 10 
percent of the amount required to be apportioned to a State 
under section 104(b)(1), (3), and (4) of title 23 on the first 
day of each fiscal year after the 2d fiscal year beginning 
after September 30, 1992, throughout which the State does not 
comply substantially with a requirement of section 31311(a) of 
this title.
  (c) Availability for Apportionment.--Amounts withheld under 
this section from apportionment to a State after September 30, 
1995, are not available for apportionment to the State.

           *       *       *       *       *       *       *


Sec. 31318. Grants for commercial driver's license program improvements

  (a) General Authority.--From the funds authorized by section 
103(b)(3) of the Motor Carrier Safety Reauthorization Act of 
2005, the Secretary may make a grant to a State, except as 
otherwise provided in subsection (e), in a fiscal year to 
improve its implementation of the commercial driver's license 
program, providing the State is making a good faith effort 
toward substantial compliance with the requirements of section 
31311 and this section. The Secretary shall establish criteria 
for the distribution of grants and notify the States annually 
of such criteria.
  (b) Conditions.--Except as otherwise provided in subsection 
(e), a State may use a grant under this section only for 
expenses related to its commercial driver's license program, 
including, but not limited to, computer hardware and software, 
publications, testing, personnel, training, and quality 
control. The grant may not be used to rent, lease, or buy land 
or buildings. The Secretary shall give priority to grants that 
will be used to achieve compliance with the requirements of the 
Motor Carrier Safety Improvement Act of 1999. The Secretary may 
allocate the funds appropriated for such grants in a fiscal 
year among the eligible States whose applications for grants 
have been approved, under criteria established by the 
Secretary.
  (c) Maintenance of Expenditures.--Except as otherwise 
provided in subsection (e), 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 the operation of the commercial 
driver's license program will be maintained at a level at least 
equal to the average level of that expenditure by the State and 
political subdivisions of the State for the last 2 fiscal years 
before October 1, 2005.
  (d) Government Share.--Except as otherwise provided in 
subsection (e), the Secretary shall reimburse a State, from a 
grant made under this section, an amount that is not more than 
80 percent of the costs incurred by the State in a fiscal year 
in implementing the commercial driver's license improvements 
described in subsection (b). In determining those costs, the 
Secretary shall include in-kind contributions by the State.
  (e) High-Priority Activities.--
          (1) The Secretary may make a grant to a State agency, 
        local government, or organization representing 
        government agencies or officials for the full cost of 
        research, development, demonstration projects, public 
        education, or other special activities and projects 
        relating to commercial driver licensing and motor 
        vehicle safety that are of benefit to all jurisdictions 
        or designed to address national safety concerns and 
        circumstances.
          (2) The Secretary may designate up to 10 percent of 
        the amounts made available under section 103(b)(3) of 
        the Motor Carrier Safety Reauthorization Act of 2005 in 
        a fiscal year for high-priority activities under 
        subsection (e)(1).
  (f) Emerging Issues.--The Secretary may designate up to 10 
percent of the amounts made available under section 103(b)(3) 
of the Motor Carrier Safety Reauthorization Act of 2005 in a 
fiscal year for allocation to a State agency, local government, 
or other person at the discretion of the Secretary to address 
emerging issues relating to commercial driver's license 
improvements.
  (g) Apportionment.--Except as otherwise provided in 
subsections (e) and (f), all amounts available in a fiscal year 
to carry out this section shall be apportioned to States 
according to a formula prescribed by the Secretary.
  (h) Deduction for Administrative Expenses.--On October 1 of 
each fiscal year or as soon after that date as practicable, the 
Secretary may deduct, from amounts made available under section 
103(b)(3) of the Motor Carrier Safety Reauthorization Act of 
2005 for that fiscal year, up to 0.75 percent of those amounts 
for administrative expenses incurred in carrying out this 
section in that fiscal year.

Sec. 46312. Transporting hazardous material

  (a) In General.--A person shall be fined under title 18, 
imprisoned for not more than 5 years, or both, if the person, 
in violation of a regulation or requirement related to the 
transportation of hazardous material prescribed by the 
Secretary of Transportation under this [part--] part or chapter 
51 of this title--
          (1) willfully delivers, or causes to be delivered, 
        property containing hazardous material to an air 
        carrier or to an operator of a civil aircraft for 
        transportation in air commerce; or
          (2) recklessly causes the transportation in air 
        commerce of the property.
  (b) Knowledge of Regulations.--For purposes of subsection 
(a), knowledge by the person of the existence of a regulation 
or requirement related to the transportation of hazardous 
material prescribed by the Secretary under this part or chapter 
51 of this title is not an element of an offense under this 
section but shall be considered in mitigation of the penalty.

                                  
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