[Senate Report 108-215]
[From the U.S. Government Publishing Office]
108th Congress Report
SENATE
1st Session 108-215
_______________________________________________________________________
Calendar No. 421
SURFACE TRANSPORTATION SAFETY REAUTHORIZATION ACT OF 2003
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1978
DATE deg.November 25, 2003.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
first session
JOHN MCCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Ann Begeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
Gregg Elias, Democratic General Counsel
(ii)
Calendar No. 421
108th Congress Report
SENATE
1st Session 108-215
======================================================================
SURFACE TRANSPORTATION SAFETY REAUTHORIZATION ACT OF 2003
_______
November 25, 2003.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1978]
The Committee on Commerce, Science, and Transportation
reports favorably an original bill to authorize funds for
highway safety programs, motor carrier safety programs,
hazardous materials transportation safety programs, boating
safety programs, and for other purposes, and recommends that
the bill do pass.
Purpose of the Bill
The purpose of the bill is to authorize funds for fiscal
years 2004 through 2009 for highway safety programs, motor
carrier safety programs, oversight of household goods movers,
hazardous materials transportation safety programs, boating
safety programs, rail transportation, and for other purposes.
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. 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. The bill also
includes amendments adopted during Committee deliberations
addressing Federal funding for intercity rail passenger service
and rail freight assistance, and establishing a railroad
infrastructure financing corporation.
Summary of Major Provisions
TITLE I -- HIGHWAY SAFETY
TEA-21 authorizes the following NHTSA programs: safety belt
incentive grants (23 U.S.C. 157); safety incentives to prevent
operation of motor vehicles by intoxicated persons (section
163); State highway safety programs (section 402); highway
safety research, development, and demonstration programs
(section 403); occupant protection incentive grants (section
405); alcohol-impaired driving countermeasures (section 410);
and highway safety data improvement incentive grants (section
411). TEA-21 also includes a number of motor vehicle safety and
information provisions including rulemaking directives for
improving air bag crash protection systems.
Title I of the Committee bill generally would authorize
various grant programs administered by NHTSA, the Federal
agency responsible for administering Federal motor vehicle and
highway safety programs. Under its mandate, NHTSA is
responsible for reducing deaths, injuries, and economic losses
resulting from motor vehicle crashes. The bill would authorize
the NHTSA grant programs at a total level of over $3.5 billion
from fiscal years 2004 through 2009. The bill also would
authorize approximately $800 million for the vehicle safety-
related rulemakings it requires.
In addition to reauthorizing several of the programs
administered by NHTSA, title I would consolidate a number of
these programs in order to streamline the agency's grant
program process. This title would focus particular attention to
behavioral aspects of driver safety, such as safety belt use,
by providing funding to States that have already adopted
primary safety belt laws and additional incentive funding to
States that, in the future, adopt primary safety belt laws or
otherwise increase significantly their safety belt use rates.
Title I also would direct NHTSA to promulgate a number of rules
relating to vehicle safety. Finally, this title would authorize
new programs and initiatives such as the incentive grant
program provided for in section 111, which is designed to
improve States' highway and safety data, and the NHTSA
accountability program in section 112, which would, among other
things, require NHTSA to conduct a review of each State highway
safety program it funds and to issue uniform management review
and program review guidelines.
The legislation would reauthorize section 403, but it would
amend that section in its entirety. The new section 403 would
provide NHTSA with the authority to use funds to conduct
research on highway safety and traffic conditions, driver
behavior and its effect on traffic safety, fatigued driving,
the effects that electronic devices have on driving, and other
general highway safety research matters. The section 403 grant
reauthorization also would direct NHTSA to conduct three
specific research programs: (1) a study on the effects of the
use of controlled substances on driving; (2) a study to collect
on-scene motor vehicle collision data and to determine crash
causation; and (3) a study on the safety of highway toll
collection facilities. In addition, under the section 403 grant
reauthorization, the Committee bill would require NHTSA to
establish and administer a program under which three high-
visibility traffic safety law enforcement campaigns would be
carried out in each of fiscal years 2004 through 2009. The
purpose of the campaigns would be to reduce alcohol-impaired or
drug-impaired driving and to increase the use of seat belts by
motor vehicle occupants.
The bill also would amend section 405 significantly to
implement a program that would provide grants to States that
have adopted and are enforcing primary safety belt laws for all
passenger motor vehicles as of December 31, 2002. In addition,
the new section 405 program would provide significant one-time
incentive grants to States that have not enacted such laws as
of December 31, 2002, but either: (1) adopt primary safety belt
laws for all passenger motor vehicles after December 31, 2002,
or (2) have achieved a safety belt use rate of at least 90
percent, as measured under criteria set by the Secretary of
Transportation (Secretary). Qualifying States would be eligible
for such one-time grants until FY 2009. In the event that
additional funds remain after the above grants have been made,
section 405 would provide that States that further increase
their safety belt use rates by specified percentages would
receive such additional funds.
The Committee bill also would create a new section 407A to
require the Secretary and the Secretary of Homeland Security to
establish a Federal Interagency Committee on Emergency Medical
Services (Interagency Committee). The purposes of the
Interagency Committee would be, among other things, to ensure
coordination among the Federal agencies involved with State,
local, tribal, or other emergency services and 9-1-1 systems
and to identify State, local, tribal, or regional emergency
medical services and 9-1-1 needs.
In addition, this new section 407A would require the
Secretary to coordinate with officials of other Federal
departments and agencies, and other interested parties, to
ensure the development and implementation of a coordinated
nationwide emergency medical services program. Such a program
would be designed to strengthen transportation safety and
public health and to implement emergency medical services
communications systems, including 9-1-1.
The Committee bill also includes new provisions to assist
States' efforts to deter impaired driving by reauthorizing
funding for section 410 impaired driving programs, which would,
in part, replace the existing section 408 programs, which would
be repealed. This program would allocate funds to States that,
among other things, implement the following programs and
activities: (1) check-point and saturation patrol programs for
determining whether drivers are driving under the influence of
alcohol or controlled substances; (2) programs to monitor and
enhance the prosecution and adjudication by States of impaired
driving offenses; and (3) an impaired operation information
system that, among other things, tracks drivers who are
arrested or convicted for violation of laws prohibiting
impaired driving.
In addition, each State would be required to do the following
in order to receive section 410 grants: (1) coordinate its
check-point and saturation patrol programs and activities with
related national campaigns organized by NHTSA; (2) demonstrate
to the Secretary that the State has increased the total number
of impaired driving law enforcement activities it conducts; and
(3) make certain improvements to the system used by the State
for tracking drivers who are arrested or convicted for
violating laws prohibiting the impaired operation of motor
vehicles. Finally, section 410 would provide additional grant
funds to each of the 10 States with the highest impaired
driving-related fatality rates for the fiscal year preceding
the fiscal year of such allocation.
This title also would create a new incentive grant program
designed to improve States' highway and traffic safety data.
This new program, to be administered under new section 412,
would require NHTSA to make grants of financial assistance to
eligible States to support their development and implementation
of programs designed to, among other things, improve the
timeliness, accuracy, completeness, uniformity, integration,
and accessibility of the States' highway traffic safety data.
This title also would provide a new framework for advancing
NHTSA's management of its grant programs and its regional
offices' interactions with the States. For example, this title
directs NHTSA to undertake a State grant administrative review
of the practices and procedures of NHTSA's regional offices to
formulate a report on best practices for such offices'
administration of NHTSA grant programs.
Subtitle B of this title would generally require NHTSA to
promulgate specific vehicle safety-related rules and engage in
other rulemaking and study activities. For example, section 153
would amend chapter 301 of title 49 U.S.C. by adding section
30128. This new section would require NHTSA to issue a safety
standard to reduce complete and partial ejection after
accidents from passenger motor vehicles with a gross vehicle
weight rating of up to 10,000 pounds. Section 30128 would
require that NHTSA base the safety standard on ejection-
mitigation technologies such as side impact airbags. Section
30128 also would direct the Secretary to issue by June 30,
2006, a rule to require manufacturers of new passenger motor
vehicles to make modifications to door mechanisms in such
vehicles to prevent occupant ejection. In addition, section 162
of subtitle B would authorize grants to States if they meet
certain criteria regarding child safety seats.
TITLE II -- MOTOR CARRIER SAFETY AND UNIFIED CARRIER REGISTRATION
FMCSA was established within the Department of Transportation
(DOT) on January 1, 2000, by the Motor Carrier Safety
Improvement Act of 1999 (MCSIA) (P.L. 106-159). At the time,
truck-related crashes and fatalities had been growing at an
alarming rate, and it was determined that creation of a
separate modal administration apart from the Federal Highway
Administration (FHWA) would help promote truck and bus safety
improvements. According to statistics compiled by FHWA, large
trucks represent four percent of the nation's registered
vehicles, seven percent of traffic volume, and approximately 13
percent of all fatal crashes.
FMCSA's principal duty is to enforce motor carrier safety
regulations, including requirements which will govern the
operation of Mexico-domiciled motor carriers beyond the U.S.
commercial zones. The FMCSA also administers the Commercial
Driver's License (CDL) program, oversees the interstate
transportation of household goods, and regulates hours-of-
service rules governing commercial operators.
FMCSA has set a goal of reducing the rate of fatalities in
large truck crashes by 39 percent between 1999, the year prior
to the agency's creation, and 2008, from a rate of 2.7
fatalities per 100 million vehicle miles traveled (VMT) to a
rate of 1.65. \1\ By 2001, the rate of fatalities had declined
to 2.4 per 100 million VMT. In 2002, preliminary statistics
show that the number of fatalities in accidents involving large
trucks declined 3.5 percent from 2001, while highway fatalities
for all vehicles increased slightly. Of the 4,902 fatalities in
truck crashes, 3,816 fatalities were occupants of the other
vehicle(s).
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\1\ A large truck is defined as a truck with a gross vehicle
weight rating greater than 10,000 pounds.
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Title II of the bill would authorize funding for FMCSA and
its programs at the level requested in the Administration's
SAFETEA proposal, starting at $472 million in FY 2004
(including $25 million for deployment of the Commercial Vehicle
Information Systems and Networks (CVISN)), and rising to $524
million in FY 2009. However, the legislation allocates a larger
share of total program funding for State grant programs and a
smaller share for Federal administrative expenses than proposed
by the Administration. Further, the bill would provide that of
the overall amounts made available from the Highway Trust Fund
for all programs including highway, transit, and other
transportation programs, not less than 1.21 percent of the
total amount be set aside for motor carrier safety programs.
This percentage represents the proportionate share allocated to
motor carrier safety programs under the Administration's
proposal, i.e. $2.98 billion is authorized for motor carrier
safety programs out of the $247 billion total authorized in
SAFETEA. The Senate is expected to consider legislation to
reauthorize TEA-21 with an overall funding level of $255
billion and the House authorizing committee has introduced a
bill reauthorizing TEA-21 at $375 billion. It is the
Committee's intention to ensure that safety programs receive a
proportional share of any increase to the overall surface
transportation programs.
The bill would authorize FMCSA and its programs to be funded
through contract authority, which is consistent with the
Administration's SAFETEA proposal. Under TEA-21, which was
enacted 18 months before FMCSA was created, the agency's
administrative expenses were funded through a take-down of one-
third of 1 percent from FHWA's administrative expenses.
However, FMCSA's appropriations have consistently exceeded the
administrative take-down and it is appropriate to create
contract authority for FMCSA expenses.
One of FMCSA's primary responsibilities is to manage the
Motor Carrier Safety Assistance Program (MCSAP), which provides
grants to States for the enforcement of safety regulations
governing commercial motor vehicles (CMVs), motor coaches, and
CMV transportation of hazardous materials. Safety enforcement
is accomplished primarily through roadside inspections and
safety compliance reviews. MCSAP grants are authorized to
provide up to 80 percent of State program costs. The MCSAP
program originated in the early 1980s. The annual authorization
for the program has grown from $78.2 million in FY 1997 to $190
million in FY 2003. In calendar year 2001, 2.7 million truck
inspections and nearly 12,000 compliance reviews were performed
nationwide, with 7.6 percent of drivers and 23.3 percent of
vehicles taken out of service for equipment, hours of service,
and other violations. MCSAP inspectors are permitted to perform
traffic enforcement in conjunction with a vehicle inspection,
and, in 2002, over 25 percent of all inspections had a traffic
enforcement component, according to FMCSA.
FMCSA also is responsible for implementing safety audits for
``new entrants'' as required by MCSIA and the FY 2002 DOT
Appropriations Act (P.L. 107-87). MCSIA directed FMCSA to
require that all new motor carriers undergo a safety audit
within the first 18 months after beginning operations. The
purpose is to ensure that new carriers understand Federal motor
carrier regulations and have programs in place to comply.
Historically, between 40,000 and 50,000 new entrant trucking
companies apply annually for interstate operating registration.
FMCSA estimates that the cost to administer the new entrant
program will be about $33 million annually.
The bill would authorize funding for the MCSAP program at
$186.1 million in FY 2004, rising to $205.5 million in FY 2009,
including funds for the core grant program and for safety
performance incentive grants, high-priority grants, and the new
entrant program. The bill would fund the new entrant program at
$33 million, the level requested by the Administration, but
would allocate $29 million of the total to the States through
MCSAP. When the Administration submitted its FY 2004 budget
request, it assumed that 30 percent of the States would not be
able to participate in the new entrant program. On that basis,
the Administration proposed that only $17 million in funding be
provided through MCSAP. However, to date, 46 States have agreed
to participate in the new entrant program and the Committee has
adjusted the allocation of funds accordingly. FMCSA would still
have the authority to withhold funds to conduct new entrant
audits in States that do not participate in the new entrant
program and provide general oversight of the program. New
entrant funds would not require a State match.
The bill would allow up to 5 percent of available MCSAP funds
to be designated by the Secretary for high priority activities
and projects, and up to another 10 percent to be designated for
safety performance incentive grants. The bill would eliminate
the current match requirement for performance incentive grants
since these grants are intended to reward States for improving
their safety record, but it would retain the existing match
required for high-priority grants. The bill would stipulate
that at least 80 percent of high-priority funds must be used to
make grants to State and local governments and not be diverted
for other purposes.
State plans for MCSAP, in addition to existing qualification
requirements, would have to: (1) include in training manuals
for the license exams for non-commercial vehicle and CMV
drivers, information on best practices for trucks and cars to
share the road safely; (2) provide that the State will place
out of service any vehicle discovered to be operating without a
registration or beyond the scope of its registration; and (3)
ensure that inspections of intercity buses are conducted at
stations, terminals, border crossings, or maintenance
facilities, except in the case of an imminent hazard. States
would be authorized to use MCSAP funds to enforce traffic laws
and regulations against CMVs and against non-commercial
vehicles when the behavior of drivers of smaller vehicles
increases the risk of CMV accidents. This type of enforcement
would not have to be combined with a CMV inspection. The
Committee bill also would give FMCSA authority to suspend the
registration of a motor carrier that fails to comply with
Federal safety regulations, poses an imminent hazard to public
health or property, or engages in a pattern of avoiding or
concealing non-compliance with Federal safety regulations.
The Committee is concerned about delays in implementing
Congressional mandates as well as the general disregard of
Congressional intent when rules have been issued. To address
the many overdue rulemakings pending at FMCSA, the bill would
require FMCSA to complete all outstanding reports, studies, and
rulemaking within 36 months of enactment. Under the Committee
bill, at least one-third of all outstanding reports, studies,
and rulemakings would have to be completed in each 12-month
period following enactment. For each 12-month period in which
the Secretary fails to complete the required number of reports,
studies, and rulemakings, the bill would require that $3
million be reallocated annually from FMCSA administrative
expenses to the States to conduct additional compliance reviews
(of which the Committee generally believes more are needed, for
far too many carriers do not have safety ratings). The
Committee has taken this approach because many of the
Congressionally-mandated rulemakings are more than four years
overdue, with some even 10 years past due. While the Committee
realizes that some of these rules have been carried forward
from the time when the Office of Motor Carriers was located in
FHWA, this track record is unacceptable. The Committee has
included more funding for the FMCSA to address regulatory
issues per the Administration's request; therefore, the backlog
of overdue rulemakings should be reduced or eliminated as
rapidly as possible.
Regulations to implement the new entrant program (as well as
several other provisions of MCSIA) were addressed only when
sanctions were imposed by an appropriations bill and the agency
was permitted to forego the normal rulemaking process and issue
an expeditious Interim Final Rule (IFR). Even with these
actions, however, the program has still not been fully
implemented, although all but four States have elected to
participate in the program to review new entrants. The agency's
New Entrant IFR was published May 13, 2002, and was scheduled
to go into effect January 1, 2003. Further, MCSIA required
FMCSA to complete a rulemaking to improve training and provide
for the certification of motor carrier safety auditors for the
purpose of augmenting existing State and Federal motor carrier
safety officers with additional resources to meet the expected
demand associated with auditing each new entrant. But when
FMCSA finally issued the IFR in the proceeding three years
after MCSIA's enactment, the rule stated only that ``FMCSA
seeks comments on the advisability of certifying non-government
employees that meet all training and experience criteria to
conduct safety reviews as provided in the IFR.'' It is unclear
why a rule which only seeks public comment on what is required
by statute would take three years to publish.
It is the Committee's understanding that FMCSA plans to
revise the new entrant program to revoke the operating
authority of new entrant motor carriers that lack such basic
safety programs as drug and alcohol testing. The Committee
hopes the agency will move expeditiously to modify the program
to reflect Congress' original intent.
FMCSA oversees the CDL Program, established in 1986, to
develop standards for testing and licensing of commercial
drivers and ensure that commercial drivers do not hold more
than one license. While the CDL program is largely viewed as a
success, there are ongoing concerns about the fraudulent
issuance of licenses. Since 1998, suspected fraud in the
testing and licensing of commercial drivers has been identified
in 16 States. There are also concerns that the information
system supporting the CDL program (the Commercial Driver's
License Information System or CDLIS) is outdated and difficult
to maintain and that despite annual CDL grants to the States,
many States have not achieved compliance with existing CDL
mandates.
Title II would amend the penalty provisions of the CDL
statute to require the withholding of up to 5 percent of
Federal highway funds for the first year of State noncompliance
with the requirements of the CDL program and up to 10 percent
for the second and subsequent years of noncompliance.
Currently, the penalties are 5 percent the first year of
noncompliance and 10 percent thereafter. The change is intended
to give the Secretary more flexibility to assess a penalty and
encourage compliance. In addition, it would establish a working
group comprised of the Secretary, State motor vehicle
administrators, and other significant stakeholders to
determine, within two years following enactment, how best to
improve the program's overall effectiveness. Based on
recommendations by the DOT Inspector General, the bill would
ensure that learners' permits for CDLs are included in the CDL
information system and that an individual must pass a written
test before being granted a CDL learner's permit.
The Committee remains concerned about the lack of attention
and resources devoted to the medical program at FMCSA. In
hearings in 1999, 2001, and 2003, members of the Committee have
highlighted their concerns over the medical fitness of drivers
of commercial motor vehicles. In addition, the National
Transportation Safety Board (NTSB) has emphasized in several
recent accident investigation reports (New Orleans, 1999;
Loraine, Texas, 2002) the inadequacy of the current medical
review program and the role the Federal government should play
in ensuring that motor carrier drivers are medically fit to do
the job safely. The FMCSA is responsible for 9 million
commercial drivers, but has no chief medical officer and only 6
permanent staff.
Although Congress directed that the CDL and the medical
certificate be integrated into one document, FMCSA has not yet
accomplished this integration. In addition, under the FCMSA
program, any licensed medical professional, including a medical
doctor, nurse practitioner, or chiropractor may perform medical
exams. According to the NTSB, medical professional are not
familiar with occupational issues for drivers, the requirements
of the medical exam, or their responsibilities under the
regulations. Another major area of concern is the ability of
drivers who have failed exams to ``doctor shop'' until they
find a doctor who will ``pass'' them. There is no record of the
failed exams and no tracking of medical professionals who may
not be performing adequate exams. The program should include a
review process to prevent the inappropriate issuance of medical
certificates, including the issuance of forged documents, and
should permit enforcement authorities to identify invalid
medical certificates during safety inspections and routine
stops.
While the Committee included the Administration's proposal to
establish a five-member Medical Review Board to make
recommendations on medical standards for commercial drivers,
medical examiner education, and medical research, the Committee
also included provisions for a Chief Medical Officer and
additional permanent staff to work with the Medical Review
Board to establish standards for the physical examinations long
required of commercial drivers and require that medical
examiners who perform the exams have received training in such
standards. The legislation also would create a national
registry of medical examiners trained to perform CMV physical
examinations and then would require that all CMV physical exams
would have to be performed by physicians listed on the national
registry. The intent of this provision is to ensure that
medical professionals know about driver qualification standards
and guidelines, understand the physical and mental demands
involved in driving a commercial vehicle, and perform physical
examinations with full awareness of the conditions in which the
individual will be working.
Title II also would direct the Secretary to issue a final
rule to allow individuals who use insulin to treat their
diabetes to operate commercial vehicles in interstate commerce.
The provision would require that FMCSA's rule be consistent
with the findings of an expert medical panel report issued in
July 2000, that concluded that persons could be qualified to
drive a CMV after a one- or two-month period of adjustment to
insulin use. The intent of this provision was to preempt
FMCSA's proposed rule that would require an individual to have
three years of experience driving a CMV in intrastate commerce
while using insulin for treatment of diabetes before the
individual could qualify to drive in interstate commerce.
According to the American Diabetes Association, approximately
20 States do not have an intrastate exemption program. Drivers
in these States, therefore, would never be able to qualify to
drive under FMCSA's proposed rule. Subsequent to the
Committee's executive session, on September 3, 2003, FMCSA
adopted a final rule that includes the three-year intrastate
driving requirement. The Committee remains concerned about the
rule adopted by the agency and believes FMCSA should have
relied on the conclusions of its own expert medical panel in
designing the exemption program.
Additionally, the legislation would establish a State grant
program to complete the core deployment of the CVISN program to
allow certain safety and commercial information to be exchanged
electronically. It would amend current financial responsibility
requirements to specify that the Secretary's regulations for
minimum levels of financial responsibility also will apply to
private motor carriers of property and passengers. It also
would require that the ``Share the Road Safely Program'' be
jointly managed by FMCSA and NHTSA. Finally, FMCSA officials
would be granted authority to order trucks to stop for
inspection; currently Federal inspectors only perform
inspections at fixed facilities. When the U.S. border with
Mexico is opened to permit Mexico-domiciled truckers to operate
beyond the commercial zones, FMCSA officers will play an
expanded role and should be authorized to stop trucks for
inspection. The bill also would allow FMCSA funds to be used to
participate and cooperate in international activities to
enhance motor carrier, driver, and highway safety.
TITLE III -- HOUSEHOLD GOODS
Oversight of the interstate household goods moving industry
had been the responsibility of the Interstate Commerce
Commission (ICC) prior to being dismantled by the ICC
Termination Act of 1995. Such Federal oversight
responsibilities were transferred to the FHWA (from 1996
through 1999) and were later transferred to the FMCSA upon
enactment of MCSIA in 1999.
First FHWA and then FMCSA, was expected to assume the
regulatory duties of the household goods moving industry
previously carried out by the ICC, including issuing
regulations, conducting oversight activities, and taking
enforcement actions. However, neither FHWA nor FMCSA has
fulfilled its responsibilities in this area. While FMCSA has
received nearly 20,000 consumer complaints since January 2001,
it has taken little action in this area. FMCSA contends that
its limited resources are spent on its primary safety mission,
rather than on consumer protection.
Title III of the bill is intended to provide greater
protections to consumers entrusting their belongings to a
moving company. The legislation would codify existing
regulations that require a carrier to give up possession of a
household goods shipment 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. It also ensures that
a mover may only charge a prorated share of charges for the
partial delivery of a shipment. Currently, movers can require a
customer to pay all charges, even if part of the shipment is
lost or destroyed. Further, a moving company would not be able
to refuse to release a customer's goods on the basis of
unforeseen charges at the point of delivery. The mover would be
required to deliver the goods and bill the customer for such
charges, payable within 30 days of delivery. The Committee
believes it is unfair to require a consumer to pay unforeseen
charges as a condition of delivery; a 30-day payment period is
a reasonable alternative.
Title III also would require that a mover provide the
customer a written estimate of charges and a written inventory.
If the written estimate is non-binding and not based on a
visual inspection, the carrier would be required to provide a
revised estimate based on a visual inspection prior to the
execution of a contract for service. 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. The intent of this portion of the bill is to
significantly reduce the number of such disputes by requiring
an estimate to be based on a visual inspection of the goods
prior to the execution of a contract.
If the final charges for a shipment exceed 100 percent of a
binding estimate or 110 percent of a non-binding estimate, the
carrier would be required to provide the customer an itemized
statement of charges at least 24 hours prior to delivery,
unless such notice is waived by the customer. The carrier would
be required to disclose that the carrier is required to deliver
the shipment if the customer pays the mover 100 percent of the
charges in a binding estimate or 110 percent of the charges in
a non-binding estimate.
The bill also would change the standard liability for loss
and damage to the replacement cost of the goods up to the pre-
declared total value of the shipment, unless the customer
specifically opts for less protection. Today, the standard
liability offered by movers is 60 cents per pound, a level that
may be less than 10 percent of the replacement value of the
goods being shipped.
Finally, and perhaps most important, the legislation 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. The Committee believes this step is needed to help
protect consumers from ``rogue movers'', known for providing
low-cost estimates and then holding a customer's goods hostage
until the customer agrees to pay much higher charges.
TITLE IV -- HAZARDOUS MATERIALS TRANSPORTATION
The authorization of the hazardous materials transportation
safety program expired September 30, 1998. While the 1998
Senate-passed bill to reauthorize the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA) (P.L. 102-240)
included provisions to reauthorize the hazardous materials
transportation program, an agreement could not be reached with
the House of Representatives during the conference on the
multi-year highway funding programs, which resulted in
enactment of TEA-21.
As of 1998, (the most recent data available) the Research and
Special Program Administration (RSPA) estimated that more than
four billion tons of hazardous materials -- about 800,000
shipments daily -- are transported annually by land, sea, and
air in the United States. Among these materials are flammable
liquids, combustible solids, gases, and corrosive materials. In
2000, over 17,000 hazardous material incidents were reported to
DOT's Hazardous Materials Information System (HMIS). The
incidents resulted in 13 deaths and 244 injuries directly
attributable to the materials being transported. More than 85
percent of reported incidents occurred in the nation's
highways. Concerns about the safety and security in
transporting hazardous materials have increased since the
September 11, 2001, terrorist attacks and transportation
industry security plans have identified hazardous materials as
a critical security issue.
The Federal government has four roles related to hazardous
materials transportation: regulation, enforcement, emergency
response, and data collection and analysis. Within DOT,
responsibility for hazardous materials transportation rests
with the RSPA. RSPA is responsible for the regulation and
identification of hazardous materials including hazardous
materials handling and shipments, the development of container
standards and testing procedures, the inspection and
enforcement of multimodal shippers and container manufacturers,
and for data collection.
Title IV would authorize funding and strengthen and improve
programs to ensure the safe transportation of hazardous
materials. The provisions under title IV are comprised of
proposals that were recommended by the Administration, labor,
industry, and other interested parties.
Specifically, title IV would authorize $24.9 million for the
Federal hazardous materials transportation programs for FY
2004, $27 million for FY 2005, $29 million for FY 2006 and $30
million for each of fiscal years 2007 through 2009. As
requested by the Administration, the title would modify the
definition of ``commerce'' to provide jurisdiction over
hazardous materials activities being conducted on a U.S.-
registered aircraft anywhere in the world. Currently, DOT does
not have clear authority over U.S.-registered aircraft carrying
hazardous materials between two foreign points. Such
jurisdiction would parallel U.S. and DOT jurisdiction over
other safety aspects of those same flights. Assertion and
exercise of that jurisdiction over U.S.-registered aircraft is
necessary for the United States to carry out its obligations
under the Chicago Convention, which governs international
aviation.
Title IV also would make clear that application of the
hazardous materials regulations apply to persons who prepare or
accept hazardous materials for transportation in commerce. This
change is necessary to clarify that non-shipper personnel who
prepare hazardous materials for transportation on behalf of a
shipper and non-carrier personnel who accept hazardous
materials fall under the regulations, including training. Title
IV also would allow training grants currently available only
for ``train the trainer'' programs to be made to train
hazardous materials employees to the extent determined
appropriate by the Secretary. The authorization for these
training grants would be $4 million in each of fiscal years
2004 through 2009. The authorization for grants to States for
training would be $13.6 million annually in each fiscal year of
the authorization period, and grants to States for hazmat
planning would be $8 million annually in each of fiscal years
2004 through 2009. Additional training was one of the
recommendations made in DOT's March 2000 report entitled
``Department-wide Program Evaluation of the Hazardous Material
Transportation Programs.
This title would direct the Secretary to reinstate the
registration fees which were set through an administrative
rulemaking and were in effect for registration years 2000 to
2003. RSPA originally began collecting fees pursuant to the
Hazardous Materials Transportation Act (HMTA) of 1993 (P.L.
103-311) which established fees of not less than $250 per
registrant and not more than $5,000 per registrant. RSPA's
original goal was to collect between $14.3 million and $19
million to match the appropriations authorized in the Act for
planning and training grants. The fee was set at the minimum
amount, $250, for all registrants plus a $50 processing fee.
Actual collections between 1992 and 1999 averaged about $8
million annually, and state planning and training grants were
scaled back accordingly.
In 2000, RSPA undertook a rulemaking to raise the fees to a
level that would fully fund the training and planning grants at
the authorized levels. The rulemaking expanded the number of
covered entities to include all shippers and carriers of
placarded loads. Fees for registrants meeting the Small
Business Administration definition of ``small business'' were
set at $275 plus a $25 filing fee; fees for other, larger
companies were set at $1,975 plus a $25 filing fee. Once the
rulemaking went into effect, collections increased from
approximately $8 million annually to between $22 million and
$23 million. RSPA then began expending the maximum amount to be
spent for state planning and training activities ($14.3 million
annually), but the other authorized program elements could not
be fully funded on a regular basis because the appropriations
committees included language in annual funding bills capping
RSPA's use of dollars from the fund at $14.3 million. While
RSPA maintains that its original goal was to collect $14.3
million to $19 million annually under the new fee schedule, it
underestimated the number of large companies paying into the
fund by about 10 percent. This, combined with the limits
imposed by the appropriators, resulted in a growing balance in
the account. As the balance in the fund grew, the companies
subject to the registration fee pushed for a reduction of fees
and ultimately sued RSPA to adjust the fees so that amounts
collected were in line with the amounts spent on the authorized
grant programs. RSPA ultimately reduced the fees to $150 for
small companies and $300 for large companies, until the balance
is spent down. RSPA's rulemaking to lower the fees stipulated
that in 2006 the fees would be re-set at $250 and $975.
The Committee recognizes that the fee collection and grant
system envisioned in the HMTA has never been fully reconciled.
To address overall planning and training needs, the Committee
has increased the authorization levels for grants. At the same
time, the Committee has capped the maximum fee under the
statute at $2000. The Committee also has directed that RSPA re-
instate the fee structure established in 2000 and, coupled with
spending down the current balance in the fund, expects RSPA to
fully fund the planning and training grants authorized in this
legislation.
Title IV also would retain the current two-year term for
exemptions but would allow exemptions to be renewed for
successive periods of up to four years each. It also would
provide for enhanced authority to discover hidden shipments of
hazardous materials by clarifying the inspection and
enforcement authority of DOT officials and inspection
personnel. The title also would authorize the Secretary to
issue emergency orders when it is determined, by inspection,
investigation, testing, or research that a violation of hazmat
regulations or an unsafe condition is causing an imminent
hazard. Emergency restrictions, prohibitions, recalls, or out-
of-service orders could be issued without notice or the
opportunity for a hearing, but only to the extent necessary to
abate the imminent hazard.
Further, title IV would authorize the Secretary to
immediately waive Federal preemption to allow State, local, and
tribal governments to regulate hazardous material
transportation to ensure public safety in the event of a
terrorist threat. An emergency waiver could remain in effect
for no more than six months unless the Secretary determines in
writing that the threat continues to exist.
Title IV would require that every three years, the Secretary,
through the Bureau of Transportation Statistics, submit a
report on the transportation of hazardous materials during the
preceding three years, including a summary of hazmat shipments,
deliveries, and movements during the period. Better, more up-
to-date information on hazmat movements was another of the
recommendations made in DOT's 2000 evaluation of the hazmat
program.
Further, title IV 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 and regulations issued under it.
Sanitary Food Transportation
This subtitle was requested by the Administration in its
SAFETEA proposal and 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. Highway and
railroad safety inspectors would be trained to spot threats to
food safety and to report possible contamination.
Specifically, this subtitle would: reallocate
responsibilities for food transportation safety among the HHS,
DOT, and the Department of Agriculture; require the Secretary
of HHS to establish sanitary transportation practices to be
followed by shippers, carriers, and others engaged in food
transport; allow the Secretary of HHS to 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; and
require the Secretary of Transportation 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 Secretary of HHS
and the Secretary of Agriculture of any instances of potential
food contamination identified during those inspections.
Some members of the Committee have expressed concern about
this subtitle.
TITLE V -- SPORTFISHING AND BOATING SAFETY
In conjunction with the Finance Committee extensions of the
motorboat fuel, fishing equipment excise, and other tax and
trust fund authorizations, this title would reauthorize the
Boating 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.
The Sport Fishing and Boating 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, and most recently
reauthorized in 1998 under TEA-21. 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 Boating
Safety account receives a fixed annual amount. This legislative
construct has effectively capped the amount authorized for
Boating 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 would annually receive a set percentage of the total
revenues. Sport Fish would be set at 55.3 percent, Boating
Safety at 18 percent, Coastal Wetlands at 18 percent, Clean
Vessel Act programs at 1.9 percent, Boating Infrastructure at
1.9 percent, National Outreach and Communications at 1.9
percent, multi-State grants at 0.9 percent, and fund management
at 2.1 percent. Under this new formula, Boating Safety funding
would increase from $64 million in FY 2003 to an estimated $95
million in FY 2004. Anticipated gas tax revenues increases and
a dissolution of the current boating safety account would
prevent the other programs from receiving any funding
reductions.
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.
Legislative History
The Committee held three hearings relating to the development
of the Committee's TEA-21 reauthorization safety title. On May
21, 2003, the full Committee held a hearing on the
Administration's SAFETEA proposal. On May 22, 2003, the
Subcommittee on Competition, Foreign Commerce, and
Infrastructure held a hearing on the reauthorization of NHTSA
programs, and, on June 10, 2003, the full Committee held a
hearing on reauthorization of FMCSA programs and
responsibilities.
On June 26, 2003, the Committee considered an original bill
and reported it favorably.
During consideration of the measure, the Committee adopted a
manager's amendment offered by Senators McCain and Hollings,
the major provisions of which would: (1) add an occupant
protection grant program to the bill; (2) reduce the annual
funding from the emergency medical services program by $5
million; (3) add to the safety research and standard-setting
provisions with which NHTSA must comply; (4) direct NHTSA to
issue a rule that addresses safety belt use reminder
technologies; (5) establish a program under FMCSA to establish
medical standards for commercial drivers and a national
register of medical examiners authorized to perform the medical
exams required of commercial drivers; (6) modify title III to
make certain modifications requested by the Administration with
respect to a study of the effectiveness arbitration; and (7)
strike the portions of title V that fall under the Finance
Committee's jurisdiction.
The Committee also adopted an amendment offered by Senator
Lautenberg that would require NHTSA to conduct a study of the
frequency with which persons arrested for the offense of
operating a motor vehicle under the influence of alcohol refuse
to take blood alcohol tests, and the effect such refusals have
on the States' ability to prosecute such persons.
Further, an amendment offered by Senator Fitzgerald was
adopted that would direct NHTSA to make a grant to each State
that enacts or has enacted and is enforcing a child safety seat
law. The allocation of funds would begin in FY 2006, and States
would only be eligible for four annual grants.
The Committee adopted two amendments offered by Senator Burns
regarding Federal hours-of-service regulations for motor
carriers. One amendment would expand the existing exemption
from the hours-of-service regulations for agricultural vehicles
to include ``any agricultural commodity, food, feed, fiber, or
livestock, and any product thereof''. The other would exempt
utility vehicles from both Federal and State hours-of-service
regulations.
The Committee adopted an amendment to title II of the bill
offered by Senator Breaux to replace the Single State
Registration System (SSRS) with a new Unified Carrier
Registration System (UCRS) for filing proof of insurance. The
amendment would establish a fee schedule that sets fees based
on the number of commercial motor vehicles owned and operated
by a carrier. The new program would be expanded to include
private carriers. States currently participating in the SSRS
would be guaranteed the revenues they currently derive under
SSRS. Non-SSRS States that participate in UCRS would be
entitled to an annual allotment of up to $500,000. The
amendment clarifies that any revenues derived by a State from
UCRS may be used to meet a State's required match under MCSAP.
The expanded scope of the program provided by the amendment is
intended to ensure that all carriers, private and for-hire,
regulated and exempt, have adequate insurance and are properly
registered.
The Committee accepted two amendments offered by Senator
Dorgan. The first amendment requires that motor carriers
registered in Mexico and Canada 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. The
second amendment requires that Mexican and Canadian trucks and
buses operating in the U.S. be certified as in compliance with
U.S. safety regulations.
By roll call vote, the Committee approved an amendment
offered by Senator Lautenberg regarding truck lengths
permissible on the National Highway System (NHS). The amendment
would establish a maximum trailer length limit on the NHS of 53
feet, but allow existing legal operations of trailers that
exceed 53 feet in length as of June 1, 2003, to continue. The
amendment also would extend to the NHS the existing freeze on
the operation of longer combination vehicles (LCVs) on the
Interstate System. The NHS consists of approximately 150,000
miles of Federal-aid highways and includes the Interstate
System.
The Committee also accepted two amendments offered by Senator
Boxer to title IV of the bill. The first would eliminate the
authority of the DOT to indefinitely extend an emergency waiver
of Federal preemption of a State or local law. The second
amendment would make mandatory the requirement for notice and
an opportunity for a hearing before hazardous materials
regulations are issued.
During the executive session, a number of rail-related
amendments also were offered and adopted to the reauthorization
legislation, establishing an additional title (title VI) to the
Committee-reported bill. Senator Hutchison offered an amendment
which had two provisions. The first provision of the amendment
would authorize funding of $2 billion annually for Amtrak for
fiscal years 2004 through 2009. The second provision of the
Hutchison amendment would establish a Railroad Infrastructure
Financing Corporation. The Committee also adopted an amendment
offered by Senator Wyden that would allow any bond funds made
available for passenger rail projects to be used for highway,
transit, rail, port, or inland waterway projects if the
Secretary of Transportation determines that another project is
a more cost-effective alternative for efficiently maximizing
the mobility of individuals and goods.
However, during consideration of the Hutchison amendment, the
proponents clarified that the provision is designed as a
placeholder only, and that their intent was to develop a more
comprehensive bill to address both Amtrak as well as the
establishment of a financing mechanism for rail infrastructure
for both freight and passenger needs. They made clear their
intention to replace the Committee-adopted provision during
consideration by the full Senate.
Title VI also includes several additional railroad provisions
which were adopted at the executive session. Senator Breaux
offered an amendment on behalf of himself and Senator Smith
that would establish a grant program to assist smaller
railroads in upgrading their tracks and roadbed, including for
the purpose of accommodating newer, heavier freight cars along
their lines. The maximum Federal share would be 80 percent of
the cost of a project and the program would be authorized at
$350 million from the general fund in each of fiscal years 2004
through 2006. Additionally, Senator Lott offered an amendment
that would establish a grant program to provide financial
assistance to States to relocate rail lines or construct grade
separations to mitigate traffic congestion. The Federal share
would be 90 percent of the shared costs of a project and the
program would be authorized at $350 million from the general
fund in each of each of fiscal years 2004 through 2008.
Estimated Costs
In compliance with subsection (a)(3) 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 paragraphs (1) and (2) of that subsection in
order to expedite the business of the Senate.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
Title I, subtitle A, of the Committee bill would generally
make several conditional grants pursuant to which the Federal
government would provide specific funds to a State if that
State were to implement a program set forth in the Committee
bill. For example, section 106 of the bill would grant
significant incentive funds to States that have not enacted
primary safety belt laws for all passenger motor vehicles as of
December 31, 2002, but that either: (1) adopt such laws after
December 31, 2002, or (2) have achieved a safety belt use rate
of at least 90 percent, as measured under criteria set by the
Secretary. Such conditional grants, which may result in
additional State regulation of individuals, are designed to
increase highway safety and lower the overall costs resulting
from the expected reduction in the number and seriousness of
highway accidents in this country. Subtitle A also would
streamline the safety program grant system and require NHTSA to
establish a process by which a State may apply for all NHTSA
safety program funds through a single annual application, which
would likely reduce the paperwork involved in the program funds
application process. Finally, section 110 of subtitle A would
require NHTSA to allocate funds to States that implement an
impaired operation information system that, among other things,
tracks drivers who are arrested or convicted for violation of
laws prohibiting impaired driving. Such an information system
could have personal privacy implications, but it is intended
only to permit States to maintain information on drivers who
are arrested or convicted for violations of laws prohibiting
the impaired operation of motor vehicles, which could result in
greater highway safety.
Subtitle B of title I generally would require NHTSA to
promulgate several safety-related vehicle rules that, once
implemented, would result in additional regulatory requirements
for affected motor vehicle and tire manufacturers but would
also likely result in a reduction in the number and seriousness
of highway accidents in the United States. For example, section
156 contains provisions that would direct NHTSA to issue safety
regulations to reduce vehicle incompatibility and aggressivity
for passenger vehicles and non-passenger vehicles. Though these
requirements would probably have an economic impact on vehicle
manufacturers, such regulations would also likely ameliorate
the growing problem of vehicle incompatibility and aggressivity
in the United States and thus reduce the number and seriousness
of, as well as the overall costs associated with, highway
accidents in this country.
Title II of the Committee bill would require that applicants
for a CMV learner's permit pass a written test. Further, CDLIS
would be expanded to include learner's permits to ensure that
individuals holding CMV learner's permits may not hold more
than one permit. Because issuance of CMV learner's permits is
currently not tracked, it is unclear how many permits are
issued annually. However, the American Association of Motor
Vehicle Administrators estimates that approximately 500,000
CDL's are issued annually. To the extent that holders of CMV
learner's permits currently hold permits from multiple States,
this requirement would tend to reduce administrative expenses
for State departments of motor vehicles. The additional
paperwork associated with the learner's permit program is
expected to be minimal.
Title II also would establish a registry of medical examiners
qualified to perform physical examinations for CMV drivers. The
size of the registry, and hence the number of physicians
covered, would be determined by FMCSA. Because only physicians
listed on the registry could perform the physicals required of
CMV drivers, drivers and their companies could experience some
inconvenience compared to the existing regulations, which allow
any licensed medical professional to perform the exams. While
these requirements may reduce the overall number of medical
providers due to more rigorous training and oversight and may
ultimately result in the disqualification of some drivers who
do not meet the medical qualifications for professional
drivers, it is expected that this provision will enhance the
overall safety of the motoring public as well as create
consistency and improved quality in the medical program on a
national level.
Section 230 of title II would establish a program to permit
individuals who are treated with insulin for diabetes to
operate a CMV in interstate commerce. The American Diabetes
Association estimates that approximately 17 million people in
the United States, or 6.2 percent of the population, have
diabetes. FMCSA has estimated that, under its restrictive rule
requiring three years of intrastate driving experience to be
eligible for an interstate driving exemption, 700 applications
would be submitted annually. This number could be expected to
rise under the Committee proposal, since eligibility could be
established after a shorter period of adjustment to treatment
with insulin. The exemption program is expected to have a
positive economic impact for drivers who qualify for the new
exemption.
Subtitle B of title II would extend to private motor carriers
operated by manufacturers, distributors, and retailers the
requirement to file proof of insurance. Thousands of private
carriers exist nationwide, ranging in size from family-owned
small businesses to Fortune 500 companies. These carriers would
be subject to a new filing fee, based on the number of
commercial motor vehicles owned and operated by the carrier.
However, the fees are expected to produce the same total
revenue even with the inclusion of private carriers, as
existing fees assessed for-hire truckers would decline.
The provisions of title III of the Committee bill would
increase oversight of interstate household goods movers by
Federal and State regulators. The Committee bill would impose
additional requirements on movers, including requirements that:
1) movers provide customers written estimates of moving
charges; 2) supply customers with two DOT publications, ``Ready
to Move?'' and ``Your Rights and Responsibilities When You
Move;'' and 3) provide written notification of charges prior to
shipment delivery (in certain cases) unless such notification
is waived by the customer. According to the General Accounting
Office (GAO), approximately 2,900 motor carriers are registered
with DOT to transport household goods in interstate commerce.
These requirements will increase paperwork and administrative
costs for movers, but they will protect consumers from
fraudulent, excessive, and/or unexpected moving charges.
Title IV would allow DOT 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. The economic impact of this
provision would primarily be the cost of delaying shipments for
inspection.
Additionally, title IV would authorize appropriations of
$27.6 million for fiscal years 2004 through 2009 for State
emergency response planning and training grants and related
activities funded through a registration fee on shippers of
hazardous materials. The bill would reinstate fees that had
been reduced through regulatory action. The maximum fee would
be $2,000. In recent years, RSPA has employed a two-tier fee
structure, charging small businesses a fee of $300 and all
other registrants a fee of $2,000. The Committee assumes RSPA
will retain a tiered fee structure.
Subtitle C of title IV would authorize HHS to establish new
practices to be followed by shippers, carriers, and others
engaged in the transportation of food. Manufacturers,
distributors, motor carriers, and others could be subject to
new regulations.
The number of persons covered by the rail relocation and
shortline grant programs in title VI would be the States and
the 500-plus shortline and regional railroads, at the States'
and carriers' election to participate in the program. The
provision, by providing grants for infrastructure
rehabilitation and improvement, is expected to promote economic
growth and development and should prevent disruptions in rail
service along Class II and III railroads where capital costs
would otherwise drive carriers out of business.
The Committee foresees no further specific impact on the
number of people covered, the economy, privacy, or paperwork.
Section-by-section Analysis
Section 1. Short Title.
This section states that the Act may be cited as the
``Surface Transportation Safety Reauthorization Act of 2003''.
Sec. 2. Table of Contents.
This section provides a table of contents for the Surface
Transportation Safety Reauthorization Act of 2003.
TITLE I -- HIGHWAY SAFETY
SUBTITLE A -- HIGHWAY SAFETY GRANT PROGRAM
Sec. 101. Short Title; Amendment of Title 23, United States Code.
The subtitle is entitled the ``Highway Safety Grant Program
Reauthorization Act of 2003''.
Sec. 102. 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 $539 million for FY
2004, $551 million for FY 2005, $564 million for FY 2006, $591
million for FY 2007, $630 million for FY 2008, and $641 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.
Sec. 103. Highway Safety Programs.
This section would make minor modifications to section 402 of
title 23 U.S.C. including the requirement that NHTSA promulgate
uniform guidelines designed to reduce aggressive driving and to
educate drivers about defensive driving. In addition, this
section would increase minimum funding for tribal governments
under section 402 from three-quarters of one percent to two
percent.
This section also would prohibit any State from receiving
NHTSA safety program funds after FY 2004 if that State has not
actively encouraged law enforcement agencies in that State to
follow guidelines for police chases issued by the International
Association of Chiefs of Police (IACP). It would permit NHTSA
to make section 402 funds available for making grants to States
under sections 405 (occupant protection incentive grants) and
410 (impaired driving program grants).
This section also would require that NHTSA establish a
process by which a State may apply for all NHTSA safety program
funds through a single annual application.
Sec. 104. Highway Safety Research and Outreach Programs.
This section would amend section 403 of title 23 U.S.C. in
its entirety. It would give NHTSA the authority to use section
403 funds to conduct research on highway safety and traffic
conditions, driver behavior and its effect on traffic safety,
fatigued driving, the effects that electronic devices have on
driving, and other general highway safety research matters.
This section also would direct NHTSA to conduct three specific
research programs: (1) a study on the effects of the use of
controlled substances on driving; (2) a study to collect on-
scene motor vehicle collision data and to determine crash
causation; and (3) a study on the safety of highway toll
collection facilities.
In addition, this section would require NHTSA to establish
and administer a program under which 3 high-visibility traffic
safety law enforcement campaigns would be carried out in each
of FYs 2004 through 2009. The purpose of the campaigns would be
to reduce alcohol-impaired or drug-impaired driving and to
increase the use of seat belts by motor vehicle occupants.
Also, section 403 would require NHTSA to carry out a program
to conduct a comprehensive research and demonstration program
to improve traffic safety pertaining to older drivers. In
addition, it would require NHTSA to carry out a program to
train law enforcement officers in police chase techniques that
are consistent with the guidelines issued by the IACP. Finally,
section 403 would give NHTSA the authority to participate and
cooperate in international activities to enhance highway
safety.
Sec. 105. National Highway Safety Advisory Committee Technical
Correction.
This section would make a minor technical correction to
section 404(d) of title 23 U.S.C.
Sec. 106. Occupant Protection Grants.
This section would amend section 405 of title 23 U.S.C. to
implement a program that would provide grants to States that
have enacted and enforced primary seat belt laws or otherwise
increase their seat belt use rates significantly. Specifically,
under section 405, States that have adopted and are enforcing
primary safety belt laws for all passenger motor vehicles as of
December 31, 2002, would receive grant funds. In addition,
section 405 would provide significant one-time incentive grants
to states that have not enacted such laws as of December 31,
2002, but either: (1) adopt such laws after December 31, 2002,
or (2) have achieved a safety belt use rate of at least 90
percent, as measured under criteria set by the Secretary.
Qualifyig States woule be eligible for such one-time grants
until FY 2009. In the event that additional funds remain after
the above grants have been made, section 405 would provide that
States that further increase their safety belt use rates by
specified percentages would recieve such additional funds. This
section also sets forth the permitted uses of such grants.
Sec. 107. School Bus Driver Training.
This section would delete certain obsolete provisions of
section 406(c) of title 23 U.S.C.
Sec. 108. Emergency Medical Services.
This section would create a new section 407(a) of title 23
U.S.C. directing the Secretary and the Secretary of Homeland
Security to establish jointly a Federal Interagency Committee
on Emergency Medical Services (Interagency Committee). The
purposes of the Interagency Committee would be to, among other
things, 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.
Sec. 109. Repeal of Authority for Alcohol Traffic Safety Programs.
This section would eliminate section 408 of title 23 U.S.C.,
which would be replaced largely by a rewritten section 410.
Sec. 110. Impaired Driving Program.
Under section 110, the language in the existing section 410
would largely be replaced. Among other things, revised section
410 would allocate funds to States that implement, among other
things, the following programs and activities: (1) check-point
and saturation patrol programs for determining whether drivers
are driving under the influence of alcohol or controlled
substances; (2) programs to monitor and enhance the
adjudication by States of impaired driving offenses; and (3) an
impaired operation information system that, among other things,
tracks drivers who are arrested or convicted for violation of
laws prohibiting impaired driving.
Section 410 also would require States to coordinate high-
visibility law enforcement campaign of check-points and
saturation patrols to identify impaired drivers with NHTSA's
national advertising campaigns. In addition, section 410 would
require extra funding for each of the 10 states that have the
highest impaired driving-related fatality rates.
Sec. 111. State Traffic Safety Information System Improvements.
This section would create a new section 412 of title 23
U.S.C. that would require NHTSA to make grants of financial
assistance to eligible States to support the development and
implementation of programs that would, among other things,
improve the timeliness, accuracy, completeness, uniformity,
integration, and accessibility of the States' safety data,
which is needed to identify priorities for highway traffic
safety programs.
Sec. 112. NHTSA Accountability.
This section would amend chapter 301 of title 49 U.S.C. by
adding section 30106, which would create a framework for
advancing NHTSA's management of its grant programs and its
regional offices' interactions with the States. For example,
this section would direct NHTSA to undertake a State grant
administrative review of the practices and procedures of
NHTSA's regional offices to formulate best practices for such
offices' administration of NHTSA grant programs.
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.
Sec. 113. Effective Dates.
This section would make the legislation effective on October
1, 2003, except for section 112, which would become effective
on the date of the enactment of the subtitle.
SUBTITLE B -- SPECIFIC VEHICLE SAFETY-RELATED RULINGS
Sec. 151. Amendment of Title 49, United States Code.
This section would clarify that, unless otherwise stated, all
references in this subtitle are to provisions of title 49
U.S.C.
Sec. 152. Load Capacity of Labeling for Trucks.
This section would require the Secretary to promulgate by
June 30, 2005, a final rule that would require each
manufacturer of a new light duty truck manufactured after
September 30, 2005, to establish and cause to be attached on
each such truck at least one label containing a statement of
the vehicle's maximum weight carrying capacity.
Sec. 153. Vehicle Crash Ejection Prevention.
This section would require that NHTSA issue a rule to require
manufacturers of new motor vehicles to modify door locks,
latches, and other retention components to prevent occupant
ejection in vehicle accidents. In addition, this section would
require the issuance of a final rule on this matter by no later
than June 30, 2006.
Sec. 154. Vehicle Backover Avoidance Technology Study.
This section would require that NHTSA conduct a study of
effective methods for reducing the incidence of injury and
death outside of parked vehicles attributable to movement of
the parked vehicle. In addition, this section would require the
issuance by NHTSA of a report of its findings on this matter no
later than December 31, 2005.
Sec. 155. Vehicle Backover Data Collection.
This section would grant permission to NHTSA to establish
methods of collection and maintenance of data on injuries and
deaths involving motor vehicles in non-traffic, non-accident
situations to assist in the analysis regarding the inclusion of
backover prevention technologies in vehicles.
Sec. 156. Aggressivity and Incompatibility Reduction Standard.
This section would require that NHTSA issue safety
regulations to reduce vehicle incompatibility and aggressivity
for passenger vehicles and non-passenger vehicles. This section
also would require NHTSA to develop a standard rating metric to
evaluate compatibility and aggressivity among passenger motor
vehicles. In addition, this section would require the issuance
of final rules on these vehicle incompatibility and
aggressivity matters by no later than December 31, 2007.
Sec.157. Improved Crashworthiness.
This section would require that NHTSA prescribe the following
motor vehicle safety standards for passenger motor vehicles
with a gross vehicle weight rating of not more than 10,000
pounds: (1) rollover crashworthiness standards using a roof-
strengths standard based on tests that realistically duplicate
the forces transmitted to a vehicle in an on-roof rollover
crash; (2) a safety standard to improve the protection afforded
to occupants of all sizes in frontal impact crashes; and (3) a
safety standard to improve the protection of occupants of all
sizes in side impact crashes. In addition, this section would
require the issuance of a final rule on these matters by no
later than March 31, 2006.
Sec. 158. 15-Passenger Vans.
This section would require NHTSA to initiate a rulemaking to:
(1) include 15-passenger vans and vehicles with a gross vehicle
weight rating of up to 10,000 pounds in NHTSA's dynamic
rollover testing program, and (2) require such vans and
vehicles to comply with all existing and prospective Federal
Motor Vehicle Safety Standards (FMVSS) for occupant protection
and vehicle crash avoidance. This section would require the
issuance of a final rule on these matters by no later than
September 31, 2004.
This section also would require NHTSA to include passenger
motor vehicles with a gross vehicle weight rating of up to
10,000 pounds in NHTSA's New Car Assessment Program rollover
resistance program. Further, this section would require NHTSA
to issue and implement a final rule requiring the application
of Federal motor carrier safety regulation to 15-passenger vans
used for commercial purposes. It also would require NHTSA to
evaluate and test the potential of technological systems to
assist drivers in maintaining control of 15-passenger vans with
gross vehicle weight ratings of up to 10,000 pounds.
Sec. 159. Tires.
This section would require every tire manufacturer to
reimburse owners or purchasers of their defective tires for the
replacement cost of such tires incurred by owners or purchasers
prior to the time they received the manufacturer's defect
notice regarding such defective tires. Such reimbursement
responsibility would last for up to six months after the last
defect notice is mailed to owners. This section also would
require the Secretary to issue by not later than June 1, 2005,
a final rule to upgrade FMVSS 139 to include certain safety
performance criteria not addressed in the June 2003 final rule
mandated by the Transportation Recall Enhancement,
Accountability, and Documentation (TREAD) Act. Finally, section
159 requires the Secretary to reconsider the use of
shearography analysis, on a sampling basis, for regulatory
compliance and requires NHTSA to report to Congress on the most
cost-effective methods of using such technology.
Sec. 160. Safety Belt Use Reminders.
This section would direct the Secretary to issue a rule not
later than 24 months after the date of enactment of this bill
to encourage increased seat belt usage by drivers and right
outboard front seat passengers of passenger cars, multipurpose
passenger vehicles, and trucks with a gross vehicle weight
rating of less than 10,000 pounds. Section 160 would require
that the proposed rule address, among other things, the
potential safety benefits and public acceptability of
alternative means of encouraging seat belt usage.
Sec. 161. Missed Deadlines Reports.
This section would promulgate certain actions to be carried
out if the Secretary fails to meet any rulemaking deadline as
specified.
Sec. 162. Grants for Improving Child Passenger Safety Programs.
This section would authorize grants to States if they meet
certain criteria regarding child safety seats. This section
also details the allocations of the grants and requires a
report from each State that receives a grant.
Sec. 163. Bus Crash Testing.
This section would require the Secretary to issue a rule by
not later than December 31, 2009, to create test methodology
for motorcoach crash testing and to conduct such testing.
Sec. 164. Authorization of Appropriations.
This section would authorize the following amounts for NHTSA
to carry out the above rulemakings: $130.5 million for FY 2004,
$133.5 million for FY 2005, $133.6 million for FY 2006, $134.5
million for FY 2007, $138 million for FY 2008, and $141 million
for FY 2009.
TITLE II -- MOTOR CARRIER SAFETY AND UNIFIED CARRIER REGISTRATION
Sec. 201. Short Title; Amendment of Title 49, United States Code.
This section establishes that this title may be referred to
as the Motor Carrier Safety Reauthorization Act of 2003. Unless
otherwise stated, amendments made by this title are to title
49, United States Code.
Sec. 202. Required Completion of Overdue Reports, Studies, and
Rulemakings.
The section would require the Secretary to complete, within
36 months of enactment, all outstanding reports, studies, and
rulemaking proceedings mandated by Congress in previous
legislation, including TEA-21, MCSIA, and other acts dating
from 1988. At least one-third of the overdue reports, studies
and proceedings would have to be completed during each 12-month
period for three years. If in any year FMCSA fails to achieve
this goal, the bill directs the Secretary of Transportation to
reallocate $3 million from FMCSA's appropriation for
administrative expenses to the States to conduct additional
compliance reviews. The section also would require FMCSA to
issue a report on the status of six other projects to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure within 12 months following enactment.
Sec. 203. Contract Authority.
The section would create contract authority to fund the motor
carrier safety programs, including the administrative expenses
of FMCSA.
SUBTITLE A -- MOTOR CARRIER SAFETY
Sec. 221. Minimum Guarantee.
This section would provide that the appropriation from the
Highway Trust Fund, other than the Mass Transit Account, shall
be a minimum of 1.21 percent of the total amounts made
available in any fiscal year for the motor carrier safety
programs.
Sec. 222. Authorization of Appropriations.
This section would authorize the following appropriations for
FMCSA safety programs (excluding MCSAP) for fiscal years 2004
through 2009. Because the legislation creates contract
authority to fund the entire program, this section would repeal
funding for FMCSA through an administrative take-down.
Sec. 223. Motor Carrier Safety Grants.
The following sums would be authorized for the MCSAP program
for fiscal years 2004 through 2009:
($ millions)
FY2004 $186.10
FY2005 $189.82
FY2006 $193.62
FY2007 $197.49
FY2008 $201.44
FY2009 $205.47
Included in these authorizations is $29 million for the
States to administer the new entrant program. New entrant
grants would not require a State match. It is expected that the
States would normally use government employees, not
contractors, to carry out the audits. Should they be unable to
do so, the Secretary would be authorized, but not be required,
to expend the funds directly to carry out new entrant audits in
those jurisdictions.
Federal Motor Carrier Safety Program Funding Committee Recommendation
[In Millions of $]
----------------------------------------------------------------------------------------------------------------
FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009
----------------------------------------------------------------------------------------------------------------
Total Federal Administration 202.90 206.20 211.40 217.50 222.60 228.50
Federal Administration................................ 196.15 199.45 204.65 210.75 215.85 221.75
Medical Program....................................... 6.75 6.75 6.75 6.75 6.75 6.75
Grant Programs 83.00 84.00 85.00 86.00 88.00 90.00
CVISN................................................. 25.00 25.00 25.00 25.00 25.00 25.00
CDL Improvement....................................... 22.00 22.00 23.00 23.00 24.00 25.00
Border Enforcement.................................... 32.00 33.00 33.00 34.00 35.00 36.00
PRISM................................................. 4.00 4.00 4.00 4.00 4.00 4.00
----------------------------------------------------------------------------------------------------------------
As under current law, up to 5 percent 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.
The Secretary also would be authorized to designate up to 10
percent of MCSAP funds for a safety performance incentive
program to reward States that showed improved vehicle safety.
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. These grants would not require a matching
contribution from State or local governments.
State plans for MCSAP, in addition to existing qualification
requirements, would have to (1) include in training manuals for
the license exams for non-commercial vehicle and CMV drivers,
information on best practices for sharing the road safely with
trucks and cars; (2) provide that the State will place out of
service any vehicle discovered to be operating without
registration or beyond the scope of its registration; and (3)
ensure that inspections of intercity buses are conducted at
stations, terminals, border crossings, or maintenance
facilities, except in the case of an imminent hazard. States
would be authorized to use MCSAP funds to enforce traffic laws
and regulations against CMVs and against non-commercial
vehicles when the behavior of drivers of smaller vehicles
increases the risk of CMV accidents. This type of enforcement
would no longer have to be combined with a CMV inspection.
Subsection (b) 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,
2003.
Subsection (c) would replace the existing ``emergency grant''
program for the CDL program with a permanent grant program to
help States improve their CDL programs. As noted in the
description of section 222 of the bill, $22 million would be
authorized for CDL grants in FY 2002, rising to $25 million in
FY 2009. FMCSA would be directed to give priority to grants
that will be used to achieve compliance with Federal laws and
regulations governing the CDL program. 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. In addition to the
matching grants, the Secretary would be authorized to make
grants to States and other parties for 100 percent of the cost
of high-priority CDL activities. 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.
The section also would amend the penalty provisions of the
CDL statute to require the withholding of up to 5 percent of
Federal highway funds for the first year of State noncompliance
with the requirements of the CDL program and up to 10 percent
for the second and subsequent years of noncompliance.
Currently, the penalties are 5 percent for the first year of
noncompliance and 10 percent thereafter. The change is intended
to give the Secretary more flexibility to assess a penalty for
noncompliance.
Sec. 224. CDL Working Group.
This section would require the Secretary to convene a working
group to study and report on the need for improvements to the
CDL program in order to improve safety. The working group 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 group 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.
Sec. 225. 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.
Sec. 226. HOBBS Act.
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.
Sec. 227. 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.
Sec. 228. Medical Review Board and Medical Examiners.
Section 228 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, and courses for medical
examiners. 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.
Sec. 229. Insulin Treated 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 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 in July 2000.
Sec. 230. 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.
Sec. 231. 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.
Sec. 232. Elimination of Commodity and Service Exemptions.
The section would repeal a number of obsolete and unjustified
exemptions for certain operations or commodities from DOT and
the Surface Transportation Board (STB) regulation under title
49 U.S.C. chapters 131-149.
The section would delete the exemptions for transportation by
motor vehicle of a number of commodities, including ordinary
livestock, agricultural or horticultural commodities,
commodities on a 1958 ICC list, fish and shellfish, livestock
and poultry feed, and agricultural seeds and plants. Exemptions
also would be repealed for used pallets, used empty shipping
containers, natural, crushed or vesicular rock to be used for
decorative purposes, wood chips, and broken, crushed or
powdered glass. Most of these exemptions were enacted at a time
when ICC economic regulations protected existing motor carriers
that specialized in transporting certain commodities, making it
difficult, expensive, and time-consuming for potential
competitors to enter the industry. That regulatory system has
largely disappeared. FMCSA, which administers most of the
remaining commercial statutes, is principally a safety agency.
The repeal of these provisions would require for-hire carriers
of these commodities to register with FMCSA and may require
some of them to file tariffs with and comply with the
regulations of the STB. In general, however, the effect of the
repeal would simply be to give FMCSA jurisdiction over motor
carriers under the commercial statutes comparable to the
jurisdiction it already has over these carriers through the
safety statutes.
Sec. 233. 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 (typically) involve the same vehicles, drivers,
dispatchers, mechanics, and safety management controls, and may
cause the same kind of death, injury, or physical damage. 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. An unfit carrier should not be
allowed to operate anywhere.
Sec. 234. 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.
Sec. 235. 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.
Sec. 236. Pattern of Safety Violations by Motor Carrier Management.
Some motor carrier managers order, encourage, or tolerate
widespread regulatory violations and, when caught, declare
bankruptcy, rename the motor carrier, and 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, and
perpetuate a casual indifference to public safety. 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. The
Secretary also could deny an application to register as a for-
hire motor carrier if any of the proposed officers of the
carrier has engaged in a pattern of non-compliance. In this
context, ``officer'' means owner, chief executive officer,
chief operating officer, chief financial officer, safety
director, vehicle maintenance supervisor, and driver
supervisor.
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 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.
Sec. 237. 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. Improvements in safety
require more than good will and good intentions. This section
would invest in the intellectual resources that can find
solutions to perennial problems and new challenges.
The Federal share of the cost of activities carried out under
a cooperative research and development agreement could not
exceed 50 percent, except that if there is substantial public
interest or benefit, the Secretary could approve a greater
Federal share. 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.
Sec. 238. Review of Commercial Zones Exemption Provisions.
This section would require the Secretary of Transportation to
review commercial zone exemptions from DOT and STB regulations
governing interstate commerce and report to the Senate
Committee on Commerce, Science, and Transportation and to the
House of Representatives Committee on Transportation and
Infrastructure on the findings of the review within 14 months
of enactment of the bill.
Sec. 239. 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.
Sec. 240. 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 June 2003, 26 States participated in 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
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
are authorized by section 222 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.
Sec. 241. Commercial Vehicle Information Systems and Networks
Deployment.
This section would provide State grants to complete core
deployment of the 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.
Sec. 242. 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. The bill would prohibit the use of funds authorized for
the motor carrier safety programs to be used for the ``Safety
is Good Business'' program.
Sec. 243. Technical Correction.
This section would make a technical correction to 49 U.S.C.
31144.
Sec. 244. Operation of Restricted Property-Carrying Units on National
Highway System.
Current Federal law establishes minimum trailer length limits
on the Interstate System. No State may prohibit trailers of
less than 48 feet in length when operated in a tractor-
semitrailer combination or trailers of less than 28 feet in
length when operated in a double trailer combination. This
section would establish a maximum trailer length limit of 53
feet on the National Highway System, effective 270 days
following enactment. (The National Highway System consists of
approximately 150,000 miles of Federal-aid highways and
includes the Interstate System.) Existing legal operations of
trailers that exceed 53 feet in length as of June 1, 2003,
would be allowed to continue.
Sec. 245. Operation of Longer Combination vehicles on National Highway
System.
States are prohibited from permitting longer combination
vehicles (LCVs) from operating on interstates and certain other
highway segments designated by DOT unless such combinations
were permitted to operate as of June 2, 1991. LCVs include
``long doubles'' consisting of a truck tractor and two 48-foot
trailers and ``triples'' consisting of three 28-foot trailers.
This section would extend the existing freeze on the operation
of LCVs from the Interstate System to the National Highway
System, effective 270 days following enactment. Existing legal
operations of LCVs as of June 1, 2003, on non-interstate
highways that are part of the National Highway System would be
allowed to continue.
Sec. 246. Application of Safety Standards to Certain Foreign Motor
Carriers.
Section 246 would require that Mexican and Canadian trucks
and buses operating in the U.S. be certified as in compliance
with U.S. safety regulations.
Sec. 247. Background Checks for Mexican And Canadian Drivers Hauling
Hazardous Materials.
Section 247 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.
Sec. 248. Exemption of Drivers of Utility Service Vehicles.
The section would exempt drivers of utility service vehicles
from Federal, State and local laws, rules, regulations, or
standards that limit the hours a CMV driver may remain on duty
or impose specific rest requirements for drivers.
Sec. 249. Operation of Commercial Motor Vehicles Transporting
Agricultural Commodities and Farm Supplies.
The section would expand the existing exemption from Federal
hours-of-service regulations for agricultural vehicles to
include ``any agricultural commodity, food, feed, fiber, or
livestock, and any product thereof''.
SUBTITLE B -- UNIFIED CARRIER REGISTRATION
Sec. 261. Short Title.
The subtitle may be cited as the ``Unified Carrier
Registration Act of 2003''.
Sec. 262. 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.
Sec. 263. Inclusion of Motor Private and Exempt Carriers.
This section would amend 49 U.S.C. 13905 to define
``registration'' for purposes of the UCRS and the UCRS Plan and
Agreement as the filing by a carrier of a MCS Form 150 to
obtain a DOT identification number. Registration includes 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.
Sec. 264. 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 nearly 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.
Sec. 265. 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 recycables. 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 provision of UCRS to carriers that operate solely in
intrastate commerce.
Sec. 266. Identification of Vehicles.
Section 266 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.
Sec. 267. Use of UCR Agreement Revenues as Matching Funds.
UCRS revenues may be used to meet a State's match for MCSAP
funds.
Sec. 268. Clerical Amendments.
The section would make technical revisions to section 13906
of Title 49 and the chapter analysis for chapter 139 of Title
49.
Title III -- HOUSEHOLD GOODS TRANSPORTATION REFORMS
Sec. 301. Short title; amendment of title 49, United States Code.
This section establishes that this title may be referred to
as the ``Household Goods Mover Oversight Enforcement and Reform
Act of 2003.''
Sec. 302. Findings; sense of Congress.
The section describes the findings on which the legislative
changes proposed by the title are based.
Sec. 303. 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.
Sec. 304. 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 under
this provision to pay unforeseen additional charges not
included in a binding or non-binding estimate (as a condition
of delivery) that are subsequently requested by the shipper
and/or 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.
Sec. 305. Household Goods Carrier Operations.
This section would require that a mover must provide the
customer a written estimate of charges and ancillary services.
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''.
If the written estimate is non-binding and not based on a
visual inspection, the carrier would be required to provide a
revised estimate based on a visual inspection prior to the
execution of a contract for service. 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. If the final charges for a shipment exceed 100
percent of a binding estimate or 110 percent of a non-binding
estimate, the carrier would be required to provide the customer
an itemized statement of charges at least 24 hours prior to
delivery, unless waived by the customer. The carrier would be
required to disclose to the customer that the carrier is
required to deliver the shipment if the customer pays the mover
100 percent of the charges in a binding estimate or 110 percent
of the charges in a non-binding estimate. Finally, the carrier
would be required to prepare a written inventory of the goods
being moved.
Sec. 306. 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.
Sec.307. Dispute Settlement for Shipments of Household Goods.
This section would require movers to offer shippers
arbitration on all matters, including price disputes. The
current statute is limited to disputes concerning loss and
damage claims. Experience has shown that disagreements on
matters other than loss and damage claims, such as delays and
inconvenience for the customer, are numerous.
The Secretary would be required to establish a system for
certifying persons authorized to act as arbitrators. The
purpose is to ensure that arbitrators are truly independent of
both parties to a dispute. Today, arbitrators are selected by
the mover and there is concern that the process may favor the
mover.
The section also would allow carriers to be awarded
attorney's fees in a court proceeding to enforce an arbitration
decision rendered in favor of the carrier.
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.
Sec. 308. 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. The laws the States would be
authorized to enforce are chapters 137, 147, and 149;
subchapter I of chapter 141; section 13907; and section 14124
of title 49 United States Code. 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. DOT or the STB could 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.
Sec. 309. 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 regulators of
household goods carriage, 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
household goods movers, consumer groups, and other interested
parties.
Sec. 310. Consumer Handbook on the Dot Web Site.
The Secretary would be required to post on DOT's website the
publication entitled ``Your Rights and Responsibilities When
You Move''.
Sec. 311. Display of Information on Household Goods Transportation
Related 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.
Sec. 312. 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. Household goods carriers would be required to
submit an annual report detailing the number of shipments
carried, the number and category of complaints made by
shippers, the number of shipments that resulted in a claim for
loss or damage in excess of $500, and the number of claims
settled, declined, and pending during the period.
Sec. 313. Review of Liability of Carriers.
Within one year after the date of enactment, the 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 or repealed with respect to household goods movers.
Sec. 314. 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.
Sec. 315. 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
six-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 or
imprisonment of up to two years, or both.
Sec. 316. 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.
TITLE IV -- HAZARDOUS MATERIALS TRANSPORTATION SAFETY AND SECURITY
Sec. 401. Short title.
This section contains the short title and table of contents.
Sec. 402. Amendment of Title 49, United States Code.
Unless otherwise stated, amendments made by this title are to
title 49, United States Code.
SUBTITLE A -- GENERAL AUTHORITIES ON TRANSPORTATION OF HAZARDOUS
MATERIALS
Sec. 421. Purpose.
This section would update and clarify the purpose of chapter
51 of title 49, United States Code.
Sec. 422. 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 the applicability of the
training requirements in section 5107.
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.
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.
Sec. 423. General regulatory authority.
This section would amend subsection 5103(a) to update the
terminology used to describe materials the Secretary is
required, under that subsection, to designate as hazardous.
This section would amend subsection 5103(b)(1)(A) to add that
persons who prepare or accept hazardous materials for
transportation in commerce, persons who are responsible for the
safety of transporting hazardous materials in commerce, persons
who certify compliance with any requirement issued under
chapter 51, and persons who misrepresent whether they are
engaged in a function listed under 5103(b)(1)(A), are subject
to Federal hazardous materials regulations.
Sec. 424. 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.
Sec. 425. Representation and tampering.
This section would make minor editorial changes to section
5104 for purposes of clarity.
Sec. 426. Transporting certain highly radioactive material.
This section would amend section 5105 by deleting subsections
(d) and (e). Subsection (d) requires the Secretary to 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. Subsection
(d) would be deleted because the study was completed and
submitted to Congress.
Subsection (e) states that the Secretary 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 must be inspected and
certified as complying with chapter 51 and applicable U.S.
motor carrier safety laws and regulations. DOT already oversees
the inspection of trucks transporting highway-route-controlled
quantity (HRCQ) shipments of radioactive materials at their
points of origin, so this provision is unnecessary.
Sec. 427. 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.
Sec. 428. Registration.
This section would make several changes to the registration
provisions in section 5108.
The Secretary would be allowed to require a registration
statement from persons who design and inspect a packaging or
packaging component that is represented as qualified for use in
transporting hazardous materials in commerce. This proposed
change is consistent with the proposed changes to section
5103(b)(1) regarding persons subject to the hazardous materials
regulations.
To reduce registrants' reporting requirements, registrants
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 excepted 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 $2,000. The
Secretary would be directed to reinstate the fees that were
suspended due to regulatory action.
Sec. 429. 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 and carriers retain
shipping papers for three years after the shipping paper is
provided to the carrier. Currently, shippers and carriers are
required to retain shipping papers for one year after the
hazardous material is no longer in transportation. Because many
shippers do not know whether or when the transportation ends,
they do not know how long they are required to retain the
shipping paper. In addition, the one-year retention period is
inadequate for law enforcement purposes.
Sec. 430. Rail tank cars.
This section would repeal section 5111, which permits a rail
car built before January 1, 1971, to be used for hazardous
materials transportation only if the air brake equipment
support attachments of the car comply with the standard for
attachments contained in 49 CFR 179.100-16 and 179.200-19.
Sec. 431. Highway routing of hazardous material.
This section is amended by striking ``of Transportation''
after Secretary.
Sec. 432. Unsatisfactory safety ratings.
This section would provide that an unfit owner or operator
transporting hazardous material in commerce more than 45 days
after being found unfit is subject to the civil penalties in
section 5123 and the criminal penalties in section 5124.
Sec. 433. Air transportation of ionizing radiation material.
This section is amended by striking ``of Transportation''
after Secretary.
Sec. 434. 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
Sec. 435. Planning and training grants, and 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.
Sec. 436. 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
renewal of special permits for four-year successive 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
fiscal year 1990. The RSPA 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.
Sec. 437. 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 now 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. Also, States
would be authorized to participate in the uniform forms and
procedures program recommended by the Alliance for Uniform
Hazmat Transportation Procedures.
Sec. 438. International uniformity of standards and requirements.
This section is amended by striking ``of Transportation''
after Secretary.
Sec. 439. 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 would provide for 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. 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.
A new subsection 5121(i) is added to allow the Secretary 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.
Sec. 440. 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.
Sec. 441. 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. The maximum civil penalty would increase from
$27,500 to $100,000 for each violation. A violator would be
liable for interest that accrues on a civil penalty. In a civil
action to collect a civil penalty, the validity, amount, and
appropriateness of the civil penalty would not be subject to
review.
Sec. 442. 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
penalty would be a fine under title 18, not more than 20 years
imprisonment, or both. The section also would provide that a
separate violation occurs for each day a violation continues.
Sec. 443. 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.
This section would add a new subsection (g) to authorize the
Secretary to immediately waive Federal preemption to allow
State, local, and tribal governments to regulate hazardous
material transportation to ensure public safety in the event of
a terrorist threat. A waiver of preemption could remain in
effect for a period of not more than six months, although a
waiver could be extended if the Secretary determines that the
threat continues to exist.
Subsection 5125(h) would strike existing provisions regarding
judicial review since judicial review is addressed by the
revisions to section 5127.
A new subsection 5125(i) 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(j) 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.
Sec. 444. 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
supercede postal laws and regulations under titles 18 or 39
only ``in case of an imminent hazard.''
Sec. 445. 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).
Sec. 446. Authorization of appropriations.
This section would authorize appropriations of $24,981,000
for FY 2004, $27,000,000 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 fiscal years 2004
through 2009 to carry out section 5107(e) (training
grants);
$200,000 for each of fiscal years 2004
through 2009 to carry out section 5115 (training
curriculum for the public sector);
$8,000,000 for each of fiscal years 2004
through 2009 to carry out section 5116(a) (public
sector planning grants);
$13,600,000 for each of fiscal years 2004
through 2009 to carry out section 5116(b) (public
sector training grants);
$150,000 for each of fiscal years 2004
through 2009 to carry out section 5116(f) (monitoring
and technical assistance to the public sector);
$150,000 for each of fiscal years 2004
through 2009 to carry out section 5116(i)(4)
(administrative costs);
$1,000,000 for each of fiscal years 2004
through 2009 to carry out section 5116(j) (supplemental
training grants);
$500,000 for each of fiscal years 2004
through 2009 to carry out section 5116(i)(3) (for
publication and distribution of the Emergency Response
Guidebook).
Sec. 447. 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.
SUBTITLE B--OTHER MATTERS
Sec. 461. Administrative authority for Research and Special Programs
Administration.
This section would provide RSPA 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 RSPA
with the authority to enter into ``other transactions''
agreements to conduct research into transportation service and
infrastructure assurance and to carry out RSPA'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.
This authority generally encourages greater use of commercial-
like practices, standards, and procedures; makes the
acquisition process work better, faster, and less expensively;
and provides greater flexibility and shared Government-industry
responsibility for achieving desired milestones.
Sec. 462. 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.
Sec. 463. Criminal matters.
This section provides for a correction to title 18 of the
United States Code for the transportation of explosives. It
makes subject to authority explosives that are regulated by the
DOT and the Department of Homeland Security (DHS).
Sec. 464. 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.
Sec. 465. Information on hazmat registrations.
This section would require RSPA 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, RSPA also would be
required to notify FMCSA whenever a motor carrier initially
registers to handle hazmat.
Sec. 466. 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 hazmats 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.
SUBTITLE C -- SANITARY FOOD TRANSPORTATION
Sec. 481. Short title.
This section sets forth the short title for the Sanitary Food
Transportation Act of 2003. This title would reallocate
responsibilities for food transportation safety among HHS, DOT,
and the Department of Agriculture.
Sec. 482 . 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 nonfood
products that could render adulterated food products 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 nonfood 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 the Department of 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.
Sec. 483. Department Of Transportation Requirements.
This section would require the Secretary, in consultation
with the Secretaries of HHS and the Department of 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 the Department
of Agriculture of any instances of potential food contamination
identified during those inspections.
Sec. 484. 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 V - RECREATIONAL BOATING SAFETY PROGRAMS
Sec. 501. Short Title.
The section would state the title would be entitled the
``Sport Fishing and Recreational Boating Safety Act''.
SUBTITLE A -- FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS
Sec. 521. Amendment of Federal Aid in Fish Restoration Act.
The section would state that amendments under this subsection
refer to amendments to ``An Act to provide that the United
States shall aid the States in fish restoration and management
projects, and for other purposes,'' enacted August 9, 1950 (64
State. 430; 16 U.S.C 777 et seq.).
Sec. 522. Authorization of appropriations.
Section 522 would continue 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.
Sec. 523. Division of annual appropriations.
Section 523 would amend that Act to authorize annual
appropriations for FYs 2004-2009 for the various Wallop-Breaux
programs from the Sport Fish Restoration Account into
percentages, which would allow each program area to share in
the benefits of revenue increases. The percentage allocations
made under this section would be: (1) 53.3 percent to the
Secretary of Interior for Sport Fish Restoration, to include a
minimum of 15 percent of that amount for boating access; (2) 18
percent to the Secretary of Interior for Coastal Wetlands; (3)
18 percent to the Secretary of Homeland Security for State
recreational boating safety programs; (4) 1.9 percent for
marine sanitation devices as provided under the Clean Vessel
Act; (5) 1.9 percent to the Secretary of Interior for the
national outreach effort and communications program; and (6)
2.1 percent to the Secretary of Interior for program
administration minus established amounts for the Sport Fish
Boating Partnership Council and the four marine fisheries
commissions. 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 after three years
shall be transferred to the Secretary of Homeland Security for
State recreational boating safety programs.
Sec. 524. Maintenance of projects.
The section 524 would make conforming changes to that Act
relating to changes made in section 522 concerning the
maintenance of Fish and Wildlife Service's projects.
Sec. 525. Boating infrastructure.
Section 525 would make conforming changes to that Act for the
distribution of Boating Infrastructure funds made in section
523.
Sec. 526. Requirements and restrictions concerning use of amounts for
expenses for administration.
Section 526 would make conforming changes to that Act
regarding the distribution of revenues for administrative
purposes under section 523.
Sec. 527. 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 523 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.
Sec. 528. Multistate conservation grant program.
Section 528 would make conforming changes relating to
distribution of funds for the multistate grant program under
section 523.
SUBTITLE B -- CLEAN VESSEL ACT AMENDMENTS
Sec. 541. Grant program.
Section 541 would remove the requirement that coastal States
receive priority consideration for grant applications.
SUBTITLE C -- RECREATIONAL BOATING SAFETY PROGRAM AMENDMENTS
Sec. 561. State matching funds requirement.
Section 561 would reduce the percentage of State matching
funds required for the recreational boating safety program from
one-half to one-quarter. 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.
Sec. 562. 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.
Sec. 563. Authorization of appropriations for State recreational
boating safety programs.
Section 563 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 limitation on the portion of the $5 million
provided to the Coast Guard that is used to ensure manufacturer
compliance with safety standards for recreational vessels and
associated equipment. Current law prohibits the Coast Guard
from using more than $2 million for manufacturer compliance. By
adding the words ``a minimum of'', this section would provide
the Coast Guard with the flexibility to use additional funds
for manufacturer compliance if necessary.
Sec. 564. Maintenance of effort for State recreational boating safety
programs.
Section 564 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 the amendment 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.
SUBTITLE D -- MISCELLANEOUS
Sec. 581. Technical correction to Homeland Security Act.
Section 581 would make a technical correction to Section
1511(e)(2) of the Homeland Security Act of 2002 (PL 107-296) by
striking ``and to any funds provided to the Coast Guard from
the Aquatic Resources Trust Fund of the Highway Trust Fund for
boating safety programs'' and inserting ``and any funds
provided to the Coast Guard from the Highway Trust Fund and
transferred into the Sport Fish Restoration Account of the
Aquatic Resources Trust Fund for boating safety programs.''
TITLE VI -- RAIL TRANSPORTATION
SUBTITLE A -- AMTRAK
Sec. 601. Authorization of Appropriations.
The section would authorize $2 billion for Amtrak for each of
fiscal years 2004 through 2009 for operating expenses.
Sec. 602. Establishment of Corporation
The section would establish a nonprofit Rail Infrastructure
Finance Corporation, whose purpose would be to support rail
transportation capital projects through the issuance of bonds.
SUBTITLE B -- RAILROAD TRACK MODERNIZATION
Sec. 631. Short Title.
The subtitle may be cited as the ``Railroad Track
Modernization Act of 2003''.
Sec. 632. Capital Grants for Railroad Track.
This section would establish a program of capital grants for
railroad track infrastructure.
Subsection (a)(1) would direct the Secretary to establish the
grant program, and specifies that the grants may be used for
rehabilitation, preservation, or improvement of railroad track
(including roadbed, bridges, and related track structures) of
short lines and regional railroads. Grants may specifically be
used to rehabilitate, preserve, or improve track to handle
286,000-pound rail cars. Grants may be awarded directly to a
short line railroad, or, with the concurrence of the short line
railroad, to a State or local government.
Subsection (a)(2) would encourage short line railroads to
utilize the expertise of State transportation officials in
applying for and administering grants.
Subsections (a)(3) would direct the Secretary, in developing
regulations, to condition the award of a grant on reasonable
assurances that the facilities to be rehabilitated and improved
will be economically utilized; that the grant is justified by
demand for rail services by the railroad; and that
consideration is given to projects that are part of a State-
sponsored rail plan, and that all grants are awarded on a
competitive basis. Subsection (b) would specify the maximum
Federal share of any project receiving funds under this section
to be 80 percent of the total project cost. The non-Federal
share may be provided by any non-Federal source, including
cash, equipment, supplies, or any other in-kind contribution
approved by the Secretary.
Subsection (c) would specify that for a project to be
eligible to receive a grant award, it must be owned or operated
by a Class II or Class III railroad as of the date of enactment
of this Act.
Subsection (d) would provide that grant funds must be
contractually obligated within three years after the grant is
awarded.
Subsection (e) would allow grant funds to be used to
supplement the existing Federal direct loan or loan guarantee
program made under the Railroad Rehabilitation and
Infrastructure Funding (RRIF) program under section 502(d) of
the Railroad Revitalization and Regulatory Reform Act of 1976.
This subsection also specifies that grants may be used for
paying credit risk premiums, lowering rates of interest, or
providing for a holiday on principal payments associated with a
section 502(d) loan.
Subsection (f) would require that grant recipients provide
for fair labor arrangements, at least as protective as the
terms imposed under 49 U.S.C. 11326(a).
Subsection (g) would specify that Davis-Bacon Act
requirements apply to projects using funds awarded by a grant
under this section, and that wage rates in a collective
bargained agreement negotiated under the Railway Labor Act are
deemed to satisfy Davis-Bacon Act requirements.
Sec. 633. Regulations.
The Secretary would be required to issue interim regulations
to implement the grant program by December 31, 2003, and final
regulations by October 1, 2004.
Sec. 634. Study of Grant-funded Projects.
The section would require the Secretary to undertake a study
of the projects carried out under the new grant program to
determine the public interest benefits associated with the
light density railroad networks in the States and their
contribution to a multi-modal transportation system. The
Secretary is directed to report to Congress by March 31, 2004,
any recommendations regarding the eligibility of light density
rail networks for Federal infrastructure financing.
Sec. 635. Authorization of Appropriations.
Subsection (i) would authorize appropriations of $350 million
for each of fiscal years 2004, 2005, and 2006.
SUBTITLE C -- OTHER RAIL TRANSPORTATION-RELATED PROVISIONS
Sec. 661. Capital Grants for Rail Line Relocation Projects.
The section would add a new section 20154 to chapter 201 of
title 49, United States Code, to establish a capital grant
program for rail line relocation projects. The grant program is
to be directed by the Secretary. The section would establish
eligibility standards for States making grant applications.
Proposed rail line relocation projects for the improvement of a
route or structure passing through a municipality must: (1)
mitigate the adverse effects of rail traffic on safety, motor
vehicle traffic flow, or economic development in the
municipality; (2) involve a lateral or vertical relocation of
the rail line to avoid the closing of a grade crossing or the
relocation of a road; and (3) meet a costs-benefits test.
For a project to be eligible for funding, the projected
benefits of the project must exceed the project costs. In
determining project benefits and costs, the Secretary is to
consider: (1) the effects of the rail line and the rail traffic
on motor vehicle and pedestrian traffic, safety, and area
commerce, before and after the proposed rail line relocation;
and (2) the effects of the rail line relocation on freight and
rail passenger operations on the rail line.
The Secretary is to consider, in addition to benefits and
costs, the following factors in making grant award decisions:
(1) the capability of the State to fund the relocation project
without Federal grant funding; (2) the equitable treatment of
various regions of the United States; and (3) certain
allocation requirements.
Allocation requirements for rail line relocation grants would
be: (1) at least 50 percent of all grant funding available in a
fiscal year must be provided as grant awards of not more than
$20 million each; and (2) not more than 25 percent of the grant
funding available in a fiscal year may be provided for any
single project.
The Federal share for grants awarded under this authority
would be 90 percent of the costs, while the State share for
grants awarded under this authority would be 10 percent of the
shared costs. The State share could be paid in the form of
cash, the contribution of real or tangible property (including
property provided by a person on behalf of the State), or the
services of State employees (excluding overhead and
administrative costs). State in-kind costs could include
certain pre-application contributions. The shared costs of a
project could not include any cost that is defrayed with any
funds or in-kind contribution that a source (other than the
municipality) makes available unless the contribution is
conditioned on the municipality using the funds only for the
project and the execution of the project. The Secretary would
determine which project costs are shared costs and which are
not.
Two or more States would be authorized to combine grants for
a common project that benefits such States, subject to State
authority. The Secretary would prescribe regulations for
carrying out this section. The definition of ``State'' would
include political subdivisions of that State.
Appropriations for the grant program would be authorized at
$350 million for each of fiscal years 2004 through 2008. The
Secretary would issue temporary regulations to implement the
grant program by October 1, 2003, and final regulations by
April 1, 2004.
Sec. 662. Federal Bonds for Transportation Infrastructure.
The section provides that the proceeds from bonds issued,
authorized, or guaranteed by the Federal government for
passenger rail projects could be used to fund a ``qualified
project'' if the Secretary determines that the qualified
project is more cost-effective for maximizing the mobility of
individuals and goods than a passenger rail project. Qualified
projects would include any transportation infrastructure
project of any governmental unit or person proposed by a State,
including highway, transit, railroad, airport, port, and inland
waterway projects.
Recipients of a grant, loan, Federal tax-credit bonds, or any
other form of financial assistance provided under this title
would be required to comply with the wage standards under the
Davis-Bacon Act.
Rollcall Votes in Committee
Senator Smith offered an amendment to establish an incentive
program to promote effective safety belt laws and increase seat
belt use. By rollcall vote of 9 yeas and 12 nays as follows,
the amendment was defeated:
YEAS--9 NAYS--12
Mrs. Hutchison Mr. Stevens\1\
Mr. Smith Mr. Burns
Mr. Fitzgerald Mr. Lott
Mr. Inouye\1\ Ms. Snowe\1\
Mr. Kerry\1\ Mr. Brownback\1\
Mr. Breaux Mr. Ensign\1\
Mr. Wyden\1\ Mr. Allen
Ms. Cantwell Mr. Sununu
Mr. Inouye\1\ Mr. Hollings
Mr. Rockefeller\1\
Mr. Nelson\1\
Mr. McCain
\1\By proxy
Senator Burns offered an amendment to modify Federal hours-
of-service requirements for operators of commercial motor
vehicles for tranporting agricultural commodities and farm
supplies. By rollcall vote of 16 yeas and 6 nays as follows,
the amendment was adopted:
YEAS--16 NAYS--6
Mr. Stevens Mr. Kerry\1\
Mr. Burns Mrs. Boxer\1\
Mr. Lott Mr. Nelson\1\
Mrs. Hutchison Ms. Cantwell
Ms. Snowe\1\ Mr. Lautenberg
Mr. Brownback\1\ Mr. McCain
Mr. Smith
Mr. Fitzgerald\1\
Mr. Ensign\1\
Mr. Allen
Mr. Hollings
Mr. Inouye\1\
Mr. Rockefeller\1\
Mr. Breaux
Mr. Dorgan\1\
Mr. Wyden\1\
\1\By proxy
Senator Lautenberg offered an amendment to amend titles 23
and 49, United States Code, concerning length limitations for
vehicles operating on Federal-aid highways, and for other
purposes. By rollcall vote of 12 yeas and 11 nays as follows,
the amendment was adopted:
YEAS--12 NAYS--11
Mrs. Hutchison Mr. Stevens\1\
Mr. Smith Mr. Burns\1\
Mr. Fitzgerald\1\ Mr. Lott
Mr.Hollings Ms. Snowe\1\
Mr. Inouye\1\ Mr. Brownback\1\
Mr. Rockefeller\1\ Mr. Ensign\1\
Mr. Kerry\1\ Mr. Allen
Mr. Wyden\1\ Mr. Sununu\1\
Mrs. Boxer\1\ Mr. Breaux
Mr. Nelson\1\ Mr. Dorgan\1\
Ms. Cantwell Mr. McCain
Mr. Lautenberg
\1\By proxy
Changes in Existing Law
In compliance with paragraph 12 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 that
paragraph in order to expedite the business of the Senate.
HOMELAND SECURITY ACT OF 2000
[6 U.S.C. 551]
SEC. 1511. TRANSITIONAL AUTHORITIES.
(a) Provision of assistance by officials.--Until the transfer
of an agency to the Department, any official having authority
over or functions relating to the agency immediately before the
effective date of this Act shall provide to the Secretary such
assistance, including the use of personnel and assets, as the
Secretary may request in preparing for the transfer and
integration of the agency into the Department.
(b) Services and personnel.--During the transition period,
upon the request of the Secretary, the head of any executive
agency may, on a reimbursable basis, provide services or detail
personnel to assist with the transition.
(c) Acting officials.--
(1) During the transition period, pending the advice
and consent of the Senate to the appointment of an
officer required by this Act to be appointed by and
with such advice and consent, the President may
designate any officer whose appointment was required to
be made by and with such advice and consent and who was
such an officer immediately before the effective date
of this Act (and who continues in office) or
immediately before such designation, to act in such
office until the same is filled as provided in this
Act. While so acting, such officers shall receive
compensation at the higher of--
(A) the rates provided by this Act for the
respective offices in which they act; or
(B) the rates provided for the offices held
at the time of designation.
(2) Nothing in this Act shall be understood to
require the advice and consent of the Senate to the
appointment by the President to a position in the
Department of any officer whose agency is transferred
to the Department pursuant to this Act and whose duties
following such transfer are germane to those performed
before such transfer.
(d) Transfer of personnel, assets, obligations, and
functions.--Upon the transfer of an agency to the Department--
(1) the personnel, assets, and obligations held by or
available in connection with the agency shall be
transferred to the Secretary for appropriate
allocation, subject to the approval of the Director of
the Office of Management and Budget and in accordance
with the provisions of section 1531(a)(2) of title 31,
United States Code; and
(2) the Secretary shall have all functions relating
to the agency that any other official could by law
exercise in relation to the agency immediately before
such transfer, and shall have in addition all functions
vested in the Secretary by this Act or other law.
(e) Prohibition on use of transportation trust funds.--
(1) In general.--Notwithstanding any other provision
of this Act, no funds derived from the Highway Trust
Fund, Airport and Airway Trust Fund, Inland Waterway
Trust Fund, or Harbor Maintenance Trust Fund, may be
transferred to, made available to, or obligated by the
Secretary or any other official in the Department.
(2) Limitation.--This subsection shall not apply to
security-related funds provided to the Federal Aviation
Administration for fiscal years preceding fiscal year
2003 for (A) operations, (B) facilities and equipment,
or (C) research, engineering, and development, [and to
any funds provided to the Coast Guard from the Aquatic
Resources Trust Fund of the Highway Trust Fund for
boating safety programs.] and any funds provided to the
Coast Guard from the Highway Trust Fund and transferred
into the Sport Fish Restoration Account of the Aquatic
Resources Trust Fund for boating safety programs.
* * * * * * *
SPORT FISHING ACT
[16 U.S.C. 777 ET SEQ.]
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
established by section 9504(a) of the Internal Revenue Code of
1954 the amounts paid, transferred, or otherwise credited to
that Account. 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 55.3 percent
of each annual appropriation to be apportioned among the
States, as provided for in section 4(b) of this Act.
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 2009.
[(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) First 5 months of fiscal year 2004.--For the
period of October 1, 2003, through February 29, 2004,
of the balance of each annual appropriation remaining
after making the distribution under subsection (a), an
amount equal to $34,166,667, 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) $4,166,667 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) $3,333,333 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) 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; and
[(6) $4,166,667 for the period of October 1, 2003,
through February 29, 2004;
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).
[(d) 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.
[(B) vailable 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.]
(a) In General.--For fiscal years 2004 through 2009, each
annual appropriation made in accordance with the provisions of
section 3 of this Act shall be distributed as follows:
(1) Coastal wetlands.--18 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 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.--1.9 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.--1.9 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.--1.9
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 (b) of this section.
(6) Set-aside for expenses for administration of this
chapter.--
(A) In general.--2.1 percent to the Secretary
of the Interior for expenses for administration
incurred in implementation of this Act, in
accordance with this section, section 9, and
section 14 of this Act.
(B) Apportionment of unobligated funds.--If
any portion of the amount made available to the
Secretary under subparagraph (A) remains
unexpended and unobligated at the end of a
fiscal year, that portion shall be apportioned
among the States, on the same basis and in the
same manner as other amounts made available
under this Act are apportioned among the States
under subsection (b) of this section, within 60
days after the end of that fiscal year. Any
amount apportioned among the States under this
subparagraph shall be in addition to any
amounts otherwise available for apportionment
among the States under subsection (b) for the
fiscal year.
[(e)] (b) 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] shall apportion 55.3 percent 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)] (c) 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)] (d) 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).
(e) Transfer of Certain Funds.--Amounts available under
paragraphs (3) and (4) of subsection (a) that are unobligated
by the Secretary 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 55.3 percent of each annual appropriation to be
apportioned among the States under section 4(b) of this
Act.
(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) of section 4] paragraph
(5) or (6) of section 4(a) 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.
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(a)(6)
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(a)(6) 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) 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 55.3 percent
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 of fiscal years 2004
through 2009, 0.9 percent of each annual appropriation
made in accordance with the provisions of section 3 of
this Act 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(b) for use by the States in the same
manner as funds apportioned under [section
4(e).] section 4(b).
(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(a)(6) 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.
* * * * * * *
SPORT FISHING AND BOATING SAFETY ACT OF 1998
SEC. 7404. 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.
(b) [Omitted]
(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)] section 4(a)(4) 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, 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.
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I. CRIMES
CHAPTER 2. AIRCRAFT AND MOTOR VEHICLES
* * * * * * *
Sec. 38. 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.
CHAPTER 40. IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
EXPLOSIVE MATERIALS
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 Home and 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.
* * * * * * *
PART II--CRIMINAL PROCEDURE
CHAPTER 203. ARREST AND COMMITMENT
* * * * * * *
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.
CHAPTER 232. MISCELLANEOUS SENTENCING PROVISIONS
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 or 505.
(e) The refusal to permit access to or copying of any
record as required by section 412, 414, 416, 504, 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), 515(f), or 519 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, 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.
(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 covered product 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 of a person accredited under
paragraph (2) of section 704(g) to comply with
paragraph (7)(E) of such section; the knowing inclusion
by such a person 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; or
(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.--
(1) 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. 416. 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.
[21 U.S.C. 373]
SEC. 703. RECORDS.
[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).
TITLE 23. HIGHWAYS
CHAPTER 1. FEDERAL-AID HIGHWAYS
SUBCHAPTER I. GENERAL PROVISIONS
Sec. 104. Apportionment
(a) Administrative expenses.--
(1) In general.--Whenever an apportionment is made of
the sums made available for expenditure on each of the
surface transportation program under section 133, the
bridge program under section 144, the congestion
mitigation and air quality improvement program under
section 149, the Interstate and National Highway System
program, the minimum guarantee program under section
105, the Federal lands highway program under section
204, or the Appalachian development highway system
program under section 201 of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.), the Secretary
shall deduct a sum, in an amount not to [exceed--
(A) 1 \1/6\ percent of all sums so made
available, as the Secretary determines
necessary--]
exceed 1\1/6\ percent of all sums so made available, as
the Secretary determines necessary--
[(i)] (A) to administer the provisions of law
to be financed from appropriations for the
Federal-aid highway program and programs
authorized under chapter 2; and
[(ii)] (B) to make transfers of such sums as
the Secretary determines to be appropriate to
the Appalachian Regional Commission for
administrative activities associated with the
Appalachian development highway [system; and]
system.
[(B) one-third of 1 percent of all sums so
made available, as the Secretary determines
necessary, to administer the provisions of law
to be financed from appropriations for motor
carrier safety programs and motor carrier
safety research.]
(2) Consideration of unobligated balances.--In making
the determination described in paragraph (1), the
Secretary shall take into account the unobligated
balance of any sums deducted under this subsection in
prior fiscal years.
(3) Availability.--The sum deducted under paragraph
(1) shall remain available until expended.
(4) Limitation on transferability.--Unless expressly
authorized by law, the Secretary may not transfer any
sums deducted under paragraph (1) to a Federal agency
or entity other than the Federal Highway Administration
and the Federal Motor Carrier Safety Administration.
(b) Apportionments.--On October 1 of each fiscal year, the
Secretary, after making the deduction authorized by subsection
(a) and the set-aside authorized by subsection (f), shall
apportion the remainder of the sums authorized to be
appropriated for expenditure on the Interstate and National
Highway System program, the Congestion Mitigation and Air
Quality Improvement program, and the Surface Transportation
program for that fiscal year, among the several States in the
following manner:
(1) National Highway System component.--
(A) In general.--For the National Highway
System (excluding funds apportioned under
paragraph (4)), $36,400,000 for each fiscal
year to the Virgin Islands, Guam, American
Samoa, and the Commonwealth of Northern Mariana
Islands, $18,800,000 for each of fiscal years
1998 through 2002 for the Alaska Highway, and
the remainder apportioned as follows:
(i) 25 percent in the ratio that--
(I) the total lane miles of
principal arterial routes
(excluding Interstate System
routes) in each State; bears to
(II) the total lane miles of
principal arterial routes
(excluding Interstate System
routes) in all States.
(ii) 35 percent in the ratio that--
(I) the total vehicle miles
traveled on lanes on principal
arterial routes (excluding
Interstate System routes) in
each State; bears to
(II) the total vehicle miles
traveled on lanes on principal
arterial routes (excluding
Interstate System routes) in
all States.
(iii) 30 percent in the ratio that--
(I) the total diesel fuel
used on highways in each State;
bears to
(II) the total diesel fuel
used on highways in all States.
(iv) 10 percent in the ratio that--
(I) the quotient obtained by
dividing the total lane miles
on principal arterial highways
in each State by the total
population of the State; bears
to
(II) the quotient obtained by
dividing the total lane miles
on principal arterial highways
in all States by the total
population of all States.
(B) Minimum apportionment.--Notwithstanding
subparagraph (A) and paragraph (4), each State
shall receive a minimum of 1/2 of 1 percent of
the funds apportioned under subparagraph (A)
and paragraph (4).
(2) Congestion mitigation and air quality improvement
program.--
(A) In general.--For the congestion
mitigation and air quality improvement program,
in the ratio that--
(i) the total of all weighted
nonattainment and maintenance area
populations in each State; bears to
(ii) the total of all weighted
nonattainment and maintenance area
populations in all States.
(B) Calculation of weighted nonattainment and
maintenance area population.--Subject to
subparagraph (C), for the purpose of
subparagraph (A), the weighted nonattainment
and maintenance area population shall be
calculated by multiplying the population of
each area in a State that was a nonattainment
area or maintenance area as described in
section 149(b) for ozone or carbon monoxide by
a factor of--
(i) 0.8 if--
(I) at the time of the
apportionment, the area is a
maintenance area; or
(II) at the time of the
apportionment, the area is
classified as a submarginal
ozone nonattainment area under
the Clean Air Act (42 U.S.C.
7401 et seq.);
(ii) 1.0 if, at the time of the
apportionment, the area is classified
as a marginal ozone nonattainment area
under subpart 2 of part D of title I of
the Clean Air Act (42 U.S.C. 7511 et
seq.);
(iii) 1.1 if, at the time of the
apportionment, the area is classified
as a moderate ozone nonattainment area
under such subpart;
(iv) 1.2 if, at the time of the
apportionment, the area is classified
as a serious ozone nonattainment area
under such subpart;
(v) 1.3 if, at the time of the
apportionment, the area is classified
as a severe ozone nonattainment area
under such subpart;
(vi) 1.4 if, at the time of the
apportionment, the area is classified
as an extreme ozone nonattainment area
under such subpart; or
(vii) 1.0 if, at the time of the
apportionment, the area is not a
nonattainment or maintenance area as
described in section 149(b) for ozone,
but is classified under subpart 3 of
part D of title I of such Act (42
U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for
carbon monoxide.
(C) Additional adjustment for carbon monoxide
areas.--
(i) Carbon monoxide nonattainment
areas.--If, in addition to being
classified as a nonattainment or
maintenance area for ozone, the area
was also classified under subpart 3 of
part D of title I of such Act (42
U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for
carbon monoxide, the weighted
nonattainment or maintenance area
population of the area, as determined
under clauses (i) through (vi) of
subparagraph (B), shall be further
multiplied by a factor of 1.2.
(ii) Carbon monoxide maintenance
areas.--If, in addition to being
classified as a nonattainment or
maintenance area for ozone, the area
was at one time also classified under
subpart 3 of part D of title I of such
Act (42 U.S.C. 7512 et seq.) as a
nonattainment area described in section
149(b) for carbon monoxide but has been
redesignated as a maintenance area, the
weighted nonattainment or maintenance
area population of the area, as
determined under clauses (i) through
(vi) of subparagraph (B), shall be
further multiplied by a factor of 1.1.
(D) Minimum apportionment.--Notwithstanding
any other provision of this paragraph, each
State shall receive a minimum of 1/2 of 1
percent of the funds apportioned under this
paragraph.
(E) Determinations of population.--In
determining population figures for the purposes
of this paragraph, the Secretary shall use the
latest available annual estimates prepared by
the Secretary of Commerce.
(3) Surface transportation program.--
(A) In general.--For the surface
transportation program, in accordance with the
following formula:
(i) 25 percent of the apportionments
in the ratio that--
(I) the total lane miles of
Federal-aid highways in each
State; bears to
(II) the total lane miles of
Federal-aid highways in all
States.
(ii) 40 percent of the apportionments
in the ratio that--
(I) the total vehicle miles
traveled on lanes on Federal-
aid highways in each State;
bears to
(II) the total vehicle miles
traveled on lanes on Federal-
aid highways in all States.
(iii) 35 percent of the
apportionments in the ratio that--
(I) the estimated tax
payments attributable to
highway users in each State
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available; bears to
(II) the estimated tax
payments attributable to
highway users in all States
paid into the Highway Trust
Fund (other than the Mass
Transit Account) in the latest
fiscal year for which data are
available.
(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a
minimum of 1/2 of 1 percent of the funds
apportioned under this paragraph.
(4) Interstate maintenance component.--For
resurfacing, restoring, rehabilitating, and
reconstructing the Interstate System--
(A) 33 1/3 percent in the ratio that--
(i) the total lane miles on
Interstate System routes open to
traffic in each State; bears to
(ii) the total of all such lane miles
in all States;
(B) 33 1/3 percent in the ratio that--
(i) the total vehicle miles traveled
on Interstate System routes open to
traffic in each State; bears to
(ii) the total of all such vehicle
miles traveled in all States; and
(C) 33 1/3 percent in the ratio that--
(i) the total of each State's annual
contributions to the Highway Trust Fund
(other than the Mass Transit Account)
attributable to commercial vehicles;
bears to
(ii) the total of such annual
contributions by all States.
(c) Transferability of NHS Apportionments.--A State may
transfer not to exceed 50 percent of the State's apportionment
under subsection (b)(1) to the apportionment of the State under
subsection (b)(3). A State may transfer not to exceed 100
percent of the State's apportionment under subsection (b)(1) to
the apportionment of the State under subsection (b)(3) if the
State requests to make such transfer and the Secretary approves
such transfer as being in the public interest, after providing
notice and sufficient opportunity for public comment. Section
133(d) shall not apply to funds transferred under this
subsection.
(d) Operation lifesaver and high speed rail corridors.--
(1) Operation lifesaver.--Before making an
apportionment under subsection (b)(3) of this section
for a fiscal year, the Secretary shall set aside
$500,000 for such fiscal year for carrying out a public
information and education program to help prevent and
reduce motor vehicle accidents, injuries, and
fatalities and to improve driver performance at
railway-highway crossings.
(2) Railway-highway crossing hazard elimination in
high speed rail corridors.--
(A) In general.--Before making an
apportionment of funds under subsection (b)(3)
for a fiscal year, the Secretary shall set
aside $5,250,000 of the funds made available
for the surface transportation program for the
fiscal year for elimination of hazards of
railway-highway crossings.
(B) Eligible corridors.--Subject to
subparagraph (E), funds made available under
subparagraph (A) shall be expended for projects
in--
(i) 5 railway corridors selected by
the Secretary in accordance with this
subsection (as in effect on the day
before the date of enactment of this
clause);
(ii) 3 railway corridors selected by
the Secretary in accordance with
subparagraphs (C) and (D);
(iii) a Gulf Coast high speed railway
corridor (as designated by the
Secretary);
(iv) a Keystone high speed railway
corridor from Philadelphia to
Harrisburg, Pennsylvania; and
(v) an Empire State railway corridor
from New York City to Albany to
Buffalo, New York.
(C) Required inclusion of high speed rail
lines.--A corridor selected by the Secretary
under subparagraph (B) shall include rail lines
where railroad speeds of 90 miles or more per
hour are occurring or can reasonably be
expected to occur in the future.
(D) Considerations in corridor selection.--In
selecting corridors under subparagraph (B), the
Secretary shall consider--
(i) projected rail ridership volume
in each corridor;
(ii) the percentage of each corridor
over which a train will be capable of
operating at its maximum cruise speed
taking into account such factors as
topography and other traffic on the
line;
(iii) projected benefits to nonriders
such as congestion relief on other
modes of transportation serving each
corridor (including congestion in
heavily traveled air passenger
corridors);
(iv) the amount of State and local
financial support that can reasonably
be anticipated for the improvement of
the line and related facilities; and
(v) the cooperation of the owner of
the right-of-way that can reasonably be
expected in the operation of high speed
rail passenger service in each
corridor.
(E) Certain improvements.--Not less than
$250,000 of such set-aside shall be available
per fiscal year for eligible improvements to
the Minneapolis/St. Paul-Chicago segment of the
Midwest High Speed Rail Corridor.
(F) Authorization of appropriations.--There
is authorized to be appropriated $15,000,000
for each of fiscal years 1999 through 2003 to
carry out this subsection.
(e) Certification of apportionments.--
(1) In general.--On October 1 of each fiscal year the
Secretary shall certify to each of the State
transportation departments the sums which he has
apportioned hereunder to each State for such fiscal
year, and also the sums which he has deducted for
administration pursuant to subsection (a) of this
section. To permit the States to develop adequate plans
for the utilization of apportioned sums, the Secretary
shall advise each State of the amount that will be
apportioned each year under this section not later than
ninety days before the beginning of the fiscal year for
which the sums to be apportioned are authorized, except
that in the case of the Interstate System the Secretary
shall advise each State ninety days prior to the
apportionment of such funds.
(2) Notice to States.--If the Secretary has not made
an apportionment under section 104, 105, or 144 by the
21st day of a fiscal year beginning after September 30,
1998, the Secretary shall transmit, by such 21st day,
to the Committeee on Transportation and Infrastructure
of the House of Representatives and the Committeee on
Environment and Public Works of the Senate a written
statement of the reason for not making such
apportionment in a timely manner.
(f) Metropolitan planning.--
(1) Set-aside.--On October 1 of each fiscal year, the
Secretary, after making the deduction authorized by
subsection (a) of this section, shall set aside not to
exceed 1 percent of the remaining funds authorized to
be appropriated for expenditure upon programs
authorized under this title, for the purpose of
carrying out the requirements of section 134 of this
title, except that the amount from which such set aside
is made shall not include funds authorized to be
appropriated for the recreational trails program.
(2) Apportionment to States of set-aside funds.--
These funds shall be apportioned to the States in the
ratio which the population in urbanized areas or parts
thereof, in each State bears to the total population in
such urbanized areas in all the States as shown by the
latest available census, except that no State shall
receive less than one-half per centum of the amount
apportioned.
(3) Use of funds.--The funds apportioned to any State
under paragraph (2) of this subsection shall be made
available by the State to the metropolitan planning
organizations responsible for carrying out the
provisions of section 134 of this title; except that
States receiving the minimum apportionment under
paragraph (2) may, in addition, subject to the approval
of the Secretary, use the funds apportioned to finance
transportation planning outside of urbanized areas.
These funds shall be matched in accordance with section
120(b) unless the Secretary determines that the
interests of the Federal-aid highway program would be
best served without such matching.
(4) Distribution of funds within States.--The
distribution within any State of the planning funds
made available to agencies under paragraph (3) of this
subsection shall be in accordance with a formula
developed by each State and approved by the Secretary
which shall consider but not necessarily be limited to,
population, status of planning, attainment of air
quality standards, metropolitan area transportation
needs, and other factors necessary to provide for an
appropriate distribution of funds to carry out the
requirements of section 134 and other applicable
requirements of Federal law.
(5) Determination of population figures.--For the
purposes of determining population figures under this
subsection, the Secretary shall use the most recent
estimate published by the Secretary of Commerce.
(g) Not more than 40 per centum of the amount apportioned in
any fiscal year to each State in accordance with sections 130,
144, and 152 of this title, or section 203(d) of the Highway
Safety Act of 1973, may be transferred from the apportionment
under one section to the apportionment under any other of such
sections if such a transfer is requested by the State
transportation department and is approved by the Secretary as
being in the public interest. The Secretary may approve the
transfer of 100 per centum of the apportionment under one such
section to the apportionment under any other of such sections
if such transfer is requested by the State Highway department,
and is approved by the Secretary as being in the public
interest, if he has received satisfactory assurances from such
State transportation department that the purposes of the
program from which such funds are to be transferred have been
met. A State may transfer not to exceed 50 percent of the
State's apportionment under section 144 in any fiscal year to
the apportionment of such State under subsection (b)(1) or
subsection (b)(3) of this section. Any transfer to subsection
(b)(3) shall not be subject to section 133(d). Nothing in this
subsection authorizes the transfer of any amount apportioned
from the Highway Trust Fund to any apportionment the funds for
which were not from the Highway Trust Fund, and nothing in this
subsection authorizes the transfer of any amount apportioned
from funds not from the Highway Trust Fund to any apportionment
the funds for which were from the Highway Trust Fund.
(h) Recreational trails program.--
(1) Administrative costs.--Whenever an apportionment
is made of the sums authorized to be appropriated to
carry out the recreational trails program under section
206, the Secretary shall deduct an amount, not to
exceed 1 1/2 percent of the sums authorized, to cover
the cost to the Secretary for administration of and
research and technical assistance under the
recreational trails program and for administration of
the National Recreational Trails Advisory Committeee.
The Secretary may enter into contracts with for-profit
organizations or contracts, partnerships, or
cooperative agreements with other government agencies,
institutions of higher learning, or nonprofit
organizations to perform these tasks.
(2) Apportionment to the States.--After making the
deduction authorized by paragraph (1) of this
subsection, the Secretary shall apportion the remainder
of the sums authorized to be appropriated for
expenditure on the recreational trails program for each
fiscal year, among the States in the following manner:
(A) 50 percent of that amount shall be
apportioned equally among eligible States.
(B) 50 percent of that amount shall be
apportioned among eligible States in amounts
proportionate to the degree of non-highway
recreational fuel use in each of those States
during the preceding year.
(3) Eligible State defined.--In this section, the
term ``eligible State'' means a State that meets the
requirements of section 206(c).
(i) Audits of Highway Trust Fund.--From administrative funds
deducted under subsection (a), the Secretary may reimburse the
Office of Inspector General of the Department of Transportation
for the conduct of annual audits of financial statements in
accordance with section 3521 of title 31.
(j) Report to Congress.--The Secretary shall submit to
Congress a report for each fiscal year on--
(1) the amount obligated, by each State, for Federal-
aid highways and highway safety construction programs
during the preceding fiscal year;
(2) the balance, as of the last day of the preceding
fiscal year, of the unobligated apportionment of each
State by fiscal year under this section and sections
105 and 144;
(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such
highways and programs for the fiscal year; and
(4) the rates of obligation of funds apportioned or
set aside under this section and sections 105, 133, and
144, according to--
(A) program;
(B) funding category or subcategory;
(C) type of improvement;
(D) State; and
(E) sub-State geographic area, including
urbanized and rural areas, on the basis of the
population of each such area.
(k) Transfer of highway and transit funds.--
(1) Transfer of highway funds.--Funds made available
under this title and transferred for transit projects
of a type described in section 133(b)(2) shall be
administered by the Secretary in accordance with
chapter 53 of title 49, except that the provisions of
this title relating to the non-Federal share shall
apply to the transferred funds.
(2) Transfer of transit funds.--Funds made available
under chapter 53 of title 49 and transferred for
highway projects shall be administered by the Secretary
in accordance with this title, except that the
provisions of such chapter relating to the non-Federal
share shall apply to the transferred funds.
(3) Transfer of obligation authority.--Obligation
authority provided for projects described in paragraphs
(1) and (2) shall be transferred in the same manner and
amount as the funds for the projects are transferred.
(l) Effect of certain delay in deposits into Highway Trust
Fund.--Notwithstanding any other provision of law, deposits
into the Highway Trust Fund resulting from the application of
section 901(e) of the Taxpayer Relief Act of 1997 (111 Stat.
872) shall not be taken into account in determining the
apportionments and allocations that any State shall be entitled
to receive under the Transportation Equity Act for the 21st
Century and this title.
* * * * * * *
Sec. 141. Enforcement of requirements
(a) Each State shall certify to the Secretary before January
1 of each year that it is enforcing all State laws respecting
maximum vehicle size and weights permitted on the Federal-aid
primary system, the Federal-aid urban system, and the Federal-
aid secondary system, including the Interstate System in
accordance with section 127 of this title. Each State shall
also certify that it is enforcing and complying with the
provisions of section 127(d) of this title and [section 31112]
sections 31111 and 31112 of title 49.
(b)(1) Each State shall submit to the Secretary such
information as the Secretary shall, by regulation, require as
necessary, in his opinion, to verify the certification of such
State under subsection (b) of this section.
(2) If a State fails to certify as required by subsection (b)
of this section or if the Secretary determines that a State is
not adequately enforcing all State laws respecting such maximum
vehicle size and weights, notwithstanding such a certification,
then Federal-aid highway funds apportioned to such State for
such fiscal year shall be reduced by amounts equal to 10 per
centum of the amount which would otherwise be apportioned to
such State under section 104 of this title.
(3) If within one year from the date that the apportionment
for any State is reduced in accordance with paragraph (2) of
this subsection the Secretary determines that such State is
enforcing all State laws respecting maximum size and weights,
the apportionment of such State shall be increased by an amount
equal to such reduction. If the Secretary does not make such a
determination within such one-year period, the amounts so
withheld shall be reapportioned to all other eligible States.
(c) The Secretary shall reduce the State's apportionment of
Federal-aid highway funds under section 104(b)(4) in an amount
up to 25 per centum of the amount to be apportioned in any
fiscal year beginning after September 30, 1984, during which
heavy vehicles, subject to the use tax imposed by section 4481
of the Internal Revenue Code of 1954, may be lawfully
registered in the State without having presented proof of
payment, in such form as may be prescribed by the Secretary of
the Treasury, of the use tax imposed by section 4481 of such
Code. Amounts withheld from apportionment to a State under this
subsection shall be apportioned to the other States pursuant to
the formulas of section 104(b)(4) and shall be available in the
same manner and to the same extent as other Interstate funds
apportioned at the same time to other States.
* * * * * * *
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, and [(6)] (7) 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, 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) Grants.--Funds available to States under this section may
be used for making grants of financial assistance for programs
and initiatives authorized by sections 405 and 410 of this
title.
(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 Police Chase Training.--No State
may receive any funds available for fiscal years after fiscal
year 2004 for programs under this chapter until the State
submits to the Secretary a written statement that the State has
actively encouraged all relevant law enforcement agencies in
that State to follow the guidelines established for police
chases issued by the International Association of Chiefs of
Police that are in effect on the date on enactment of the
Highway Safety Grant Program Reauthorization Act of 2003.
(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.
[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, and launch initiatives to
counter, fatigued driving by drivers of passenger 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;
and
(6) conduct demonstration projects.
(b) Specific Research Programs.--
(1) Required programs.--The Secretary shall conduct
research on the following:
(A) Effects of use of controlled
substances.--A study on the effects of the use
of controlled substances on driver behavior to
determine--
(i) methodologies for measuring
driver impairment resulting from use of
the most common controlled substances
(including the use of such substances
in combination with alcohol); and
(ii) effective and efficient methods
for training law enforcement personnel
to detect or measure the level of
impairment of a driver who is under the
influence of a controlled substance by
the use of technology or otherwise.
(B) On-scene motor vehicle collision
causation.--A nationally representative study
to collect on-scene motor vehicle collision
data, and to determine crash causation, for
which the Secretary shall enter into a contract
with the National Academy of Sciences to
conduct a review of the research, design,
methodology, and implementation of the study.
(C) Toll facilities workplace safety.--A
study on the safety of highway toll collection
facilities, including toll booths, to determine
the safety of highway toll collection
facilities for the toll collectors who work in
and around such facilities, including
consideration of--
(i) any problems resulting from
design or construction of facilities
that contribute to the occurrence of
vehicle collisions with the facilities;
(ii) the safety of crosswalks used by
toll collectors in transit to and from
toll booths;
(iii) the extent of the enforcement
of speed limits at and in the vicinity
of toll facilities;
(iv) the use of warning devices, such
as vibration and rumble strips, to
alert drivers approaching toll
facilities;
(v) the use of cameras to record
traffic violations in the vicinity of
toll facilities;
(vi) the use of traffic control arms
in the vicinity of toll facilities;
(vii) law enforcement practices and
jurisdictional issues that affect
safety at and in the vicinity of toll
facilities; and
(viii) data (which shall be collected
in conducting the research) regarding
the incidence of accidents and injuries
at and around toll booth facilities.
(2) Time for completion of studies.--The studies
conducted in subparagraphs (A), (B), and (C) of
paragraph (1) may be conducted in concert with other
Federal departments and agencies with relevant
expertise. The Secretary shall submit an annual report
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives
Committee on Transportation and Infrastructure on the
progress of each study conducted under this subsection.
(3) Ongoing studies.--The studies under subparagraphs
(A) and (B) of paragraph (1) shall be conducted on an
ongoing basis.
(4) Reports.--
(A) One-time study.--Not later than 2 years
after the date of enactment of the Highway
Safety Grant Program Reauthorization Act of
2003, the Secretary shall submit a final report
on the study referred to in paragraph (1)(C) to
the Committee on Commerce, Science, and
Transportation of the Senate and the Committee
on Transportation and Infrastructure of the
House of Representatives.
(B) Ongoing studies.--The Secretary shall
submit a report on the studies referred to in
paragraph (3) to the Committees of Congress
referred to in subparagraph (A) not later than
September 30, 2005, and shall submit additional
reports on such studies to such committees each
year thereafter until September 30, 2009.
(c) 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 3
high-visibility traffic safety law enforcement
campaigns will be carried out for the purposes
specified in paragraph (2) in each of years 2004
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 most of the
law enforcement resources for the campaigns out
of funding available under this section and
section 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) Funding.--The Secretary shall use $24,000,000 in
each of fiscal years 2004 through 2009 for advertising
and educational initiatives to be carried out
nationwide in support of the campaigns under this
section, as well as for the annual evaluation conducted
under this section.
(d) 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 2004 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 and
mobility 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 action.
(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 Committee on Transportation and
Infrastructure and the Senate Committee on Commerce,
Science, and Transportation.
(f) Police Chase 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.
(g) 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 activities.--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.]
Highway Safety Grant Program Reauthorization Act of
2003.
[(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.]
(b) Occupant Protection Grants.--
(1) In general.--In addition to the grants authorized
by subsection (a), the Secretary shall make grants in
accordance with this subsection.
(2) Safety belt performance grants.--
(A) Primary safety belt use law.--
(i) For fiscal years 2004 and 2005,
the Secretary shall make a grant to
each State that enacted, and is
enforcing, a primary safety belt use
law for all passenger motor vehicles
that became effective by December 31,
2002.
(ii) For each of fiscal years 2004
through 2009, the Secretary shall,
after making grants under clause (i) of
this subparagraph, make a one-time
grant to each State that either enacts
for the first time after December 31,
2002, and has in effect a primary
safety belt use law for all passenger
motor vehicles, or, in the case of a
State that does not have such a primary
safety belt use law, has a State safety
belt use rate in the preceding fiscal
year of at least 90 percent, as
measured under criteria determined by
the Secretary.
(iii) Of the funds authorized for
grants under this subsection,
$100,000,000 in each of fiscal years
2004 through 2009 shall be available
for grants under this paragraph. The
amount of a grant available to a State
in each of fiscal years 2004 and 2005
under clause (i) of this subparagraph
shall be equal to \1/2\ of the amount
of funds apportioned to the State under
section 402(c) for fiscal year 2003.
The amount of a grant available to a
State in fiscal year 2004 or in a
subsequent fiscal year under clause
(ii) of this subparagraph shall be
equal to 5 times the amount apportioned
to the State for fiscal year 2003 under
section 402(c). The Federal share
payable for grants under this
subparagraph shall be 100 percent. If
the total amount of grants under clause
(ii) of this subparagraph for a fiscal
year exceeds the amount of funds
available in the fiscal year, grants
shall be made to each eligible State,
in the order in which its primary
safety belt use law became effective or
its safety belt use rate reached 90
percent, until the funds for the fiscal
year are exhausted. A State that does
not receive a grant for which it is
eligible in a fiscal year shall receive
the grant in the succeeding fiscal year
so long as its law remains in effect or
its safety belt use rate remains at or
above 90 percent. If the total amount
of grants under this subparagraph for a
fiscal year is less than the amount
available in the fiscal year, the
Secretary shall use any funds that
exceed the total amount for grants
under subparagraph (B) of this
paragraph.
(B) Safety belt use rate.--
(i) For each year from 2004 through
2009, the funds authorized for grant
under this subparagraph shall be
awarded to States that increase their
measured seat belt use rate by--
(I) 3 percentage points above
the State's average of the 2
previous years; or
(II) by the following
percentage points for each
fiscal year compared to the
average use rates for fiscal
years 2001 and 2002:
(aa) For 2004, 3
percentage points by
the end of fiscal year
2004.
(bb) For 2005, 6
percentage points by
the end of fiscal year
2005.
(cc) For 2006, 9
percentage points by
the end of fiscal year
2006.
(dd) For 2007, 12
percentage points by
the end of fiscal year
2007.
(ee) For 2008, 15
percentage points by
the end of fiscal year
2008.
(ff) For 2009, 18
percentage points by
the end of fiscal year
2009.
(ii) Each State that fulfills the
requirement of subclause (I) or (II) of
clause (i) of this subparagraph shall
be apportioned an amount of funds that
is equal to the amount available under
this subparagraph for the relevant
fiscal year multiplied by a ratio
determined by dividing--
(I) the amount of funds
appropriated to that State
under the section 402 program
for that fiscal year, by
(II) the total amount of
funds appropriated to all
States that fulfill the
requirements of either
subclause (I) or (II) of clause
(i) of this subparagraph under
section 402 for that fiscal
year.
In each year, for each additional
percentage point increase in safety
belt use above the State's percentage
point increase under clause (i), the
amount allocated to each State under
the previous sentence shall increase by
\1/3\ of such amount. The apportionment
of funds to all States under this
clause shall reflect such increase so
that the total apportionment of funds
under this clause does not exceed the
total funds available for that year.
(iii) Of the funds authorized for
grants under this subsection,
$20,000,000 for fiscal year 2004,
$22,000,000 for fiscal year 2005,
$24,000,000 for fiscal year 2006,
$26,000,000 for fiscal year 2007,
$28,000,000 for fiscal year 2008, and
$30,000,000 for fiscal year 2009 shall
be available for safety belt use rate
grants under this subparagraph.
(iv) The Federal share payable for
grants under this subparagraph shall be
100 percent.
(c) Use of Grants.--A State allocated an amount for a grant
under subsection (b)(2)(A) of this subsection shall use the
amount for activities eligible for assistance under this
section, except that it may use up to 50 percent of the amount
for activities eligible under section 150 of this title and
consistent with the State's strategic highway safety plan under
section 151 of this title that are not otherwise eligible for
assistance under this section. A State allocated an amount for
a grant under subsection (b)(2)(A) of this subsection may use
the amount for activities eligible for assistance under this
section or for activities eligible under section 150 of this
title and consistent with the State's strategic highway safety
plan under section 151 of this title that are not otherwise
eligible for assistance under this section. A State allocated
an amount for a grant under subsection (b)(2)(B) of this
section, including any amount transferred under subsection
(b)(2)(A) of this section, shall use the amount for safety belt
use programs eligible for assistance under subsection (b),
except that it may use up to 50 percent of the amount for
activities eligible under section 150 of this title and
consistent with the State's strategic highway safety plan under
section 151 of this title that are not otherwise eligible for
assistance under this section.
[(f)] (d) 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)] (1) 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)] (2) Passenger motor vehicle.--The term
``passenger motor vehicle'' means a passenger car or a
multipurpose passenger motor vehicle.
[(6)] (3) 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. 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. 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, jointly acting
through the Under Secretary of Transportation for
Emergency Preparedness and Response, shall establish a
Federal Interagency Committee on Emergency Medical
Services. In establishing the Interagency Committee,
the Under Secretary 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 Assistant Secretary for Public Health
Emergency Preparedness, Department of Health
and Human Services.
(I) The Director, Indian Health Service,
Department of Health and Human Services.
(J) The Chief, Wireless Telecom Bureau,
Federal Communications Commission.
(K) 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) Administrative expenses.--The total
amount of the funds authorized to be
appropriated for a fiscal year to carry out
this subsection shall be subject to a deduction
of an amount not in excess of 5 percent for the
necessary costs of administering the provisions
of this subsection.
(C) Apportionment.--
(i) Apportionment formula.--The funds
remaining after deduction of the amount
under subparagraph (B) 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, 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 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
2003.
[(3) Maximum period of eligibility.--No State may
receive grants under this section in more than 7 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, and seventh
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) carry out each of the programs and activities
required under subsection (c);
(2) comply with the additional requirements set forth
in subsection (d) with respect to such programs and
activities; and
(3) comply with any additional requirements of the
Secretary.
(c) Required State Programs and Activities.--For the purpose
of subsection (b)(1), the required State program and activities
are as follows:
(1) Check-point, saturation patrol program.--A State
program to conduct of a series of high-visibility,
Statewide law enforcement campaigns in which law
enforcement personnel monitor for impaired driving,
either through use of 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.
(2) Prosecution and adjudication program.--For grants
made during fiscal years after fiscal year 2004, a
State prosecution and adjudication program under
which--
(A) judges and prosecutors are actively
encouraged to prosecute and adjudicate cases of
repeated commission of impaired driving
offenses by reducing the use of State diversion
programs, plea negotiation, or other means that
have the effect of avoiding or expunging a
permanent record of impaired driving in such
cases; or
(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; and
(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 operation information system.--A State
impaired operation information system that--
(A) tracks drivers who are arrested or
convicted for violation of laws prohibiting
impaired operation of motor vehicles;
(B) 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;
(C) 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
and offices of the States; and
(D) 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.
(d) Additional Requirements.--For the purposes of subsection
(b)(2), the additional requirements that are applicable to
States with respect to programs and activities described in
subsection (c) are as follows:
(1) Check-point, saturation patrol program.--
(A) Cooperation with national campaigns.--
Under the program for the conduct of a series
of high-visibility, Statewide law enforcement
campaigns under subsection (c)(1), a State
shall organize the campaigns in cooperation
with related national campaigns organized by
the National Highway Traffic Safety
Administration, but may also initiate high-
visibility, Statewide law enforcement campaigns
independently of the cooperative efforts.
(B) Demonstrated improvement.--For each
fiscal year, a State shall demonstrate 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, as described in
subsection (c)(1) (or any other similar
activity approved by the Secretary), initiated
in such State during the preceding fiscal year
by a factor (not less than 5 percent) that the
Secretary determines meaningful for the State
over the number of such activities initiated in
such State during the next preceding fiscal
year.
(2) Impaired Operation Information System.--
(A) In general.--By not later than June 30,
2004, the National Highway Traffic Safety
Administration shall issue guidelines to the
States specifying the types and formats of data
that States should collect relating to drivers
who are arrested or convicted for violation of
laws prohibiting the impaired operation of
motor vehicles.
(B) Requirement for fiscal years 2004 and
2005.--During fiscal years 2004 and 2005, each
State shall--
(i) assess 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) identify ways to improve the
system, as well as to enhance the
capability of the system to provide
information in coordination with
impaired operation information systems
of other States; and
(iii) develop 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) Requirement for fiscal years 2006, 2007,
and 2008.--In each of fiscal years 2006, 2007,
and 2008, each State shall demonstrate to the
Secretary that the State has made substantial
and meaningful progress in improving the
State's impaired operation information system,
and shall make public a report on the progress
of the information system.
(D) Requirement for fiscal year 2009.--In
fiscal year 2009, each State shall demonstrate
to the Secretary that the State's impaired
operation information system--
(i) meets National Highway Traffic
Safety Administration standards for
such systems; and
(ii) is fully operational.
(e) 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, 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 operation information system
described in subsection (c)(3).
(f) Additional Authorities for Certain Authorized Uses.--
(1) Combination of grant proceeds.--Grant funds used
for a campaign under subsection (e)(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 (e)
may be expended--
(A) in coordination with employers, colleges,
entities in the hospitality industry, and
nonprofit traffic safety groups; and
(B) in coordination with sporting events and
concerts and other entertainment events.
(g) Funding.--
(1) In general.--Except as provided in paragraph (2),
grant funding under this section shall be allocated
among eligible States on the basis of the apportionment
formula that applies for apportionments under section
402(c) of this title.
(2) High fatality-rate states.--The amount of the
grant funds allocated under this subsection to each of
the 10 States with the highest impaired driving-related
fatality rate for the fiscal year preceding the fiscal
year of the allocation shall be twice the amount that,
except for this subparagraph, would otherwise be
allocated to the State under paragraph (1).
(h) Use of Funds by High Fatality-Rate States.--
(1) Required uses.--At least \1/2\ of the amounts
allocated to States under subsection (g)(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 (g)(2) shall
expend those funds only after consulting with the
Administrator of the National Highway Traffic Safety
Administration regarding such expenditures.
(i) Definitions.--In this section:
(1) Impaired driver.--The term ``impaired driver''
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 operation.--The term ``impaired
operation'', with respect to a motor vehicle, means the
operation of a motor vehicle by an impaired driver.
(3) Impaired driving-related fatality rate.--The term
``impaired driving-related fatality rate'' means the
rate of the fatal accidents that involve impaired
drivers while operating motor vehicles, 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 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
necessary 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.
(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 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 2003.
(3) 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.
(4) 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. 412. Booster seat incentive grants
(a) In General.--The Secretary of Transportation shall make a
grant under this section to any eligible State.
(b) Eligibility Requirements.--
(1) In general.--The Secretary shall make a grant to
each State that, as determined by the Secretary, enacts
or has enacted, and is enforcing a law requiring that
children riding in passenger motor vehicles (as defined
in section 405(f)(5)) who are too large to be secured
in a child safety seat (as defined in section
405(f)(1)) be secured in a child restraint (as defined
in section 7(1) of Anton's Law (49 U.S.C. 30127 note))
that meets requirements prescribed by the Secretary
under section 3 of Anton's Law.
(2) Year in which first eligible.--
(A) Early qualification.--A State that has
enacted a law described in paragraph (1) that
is in effect before October 1, 2005, is first
eligible to receive a grant under subsection
(a) in fiscal year 2006.
(B) Subsequent qualification.--A State that
enacts a law described in paragraph (1) that
takes effect after September 30, 2005, is first
eligible to receive a grant under subsection
(a) in the first fiscal year beginning after
the date on which the law is enacted.
(3) Continuing eligibility.--A State that is eligible
under paragraph (1) to receive a grant may receive a
grant during each fiscal year listed in subsection (f)
in which it is eligible.
(4) Maximum number of grants.--A State may not
receive more than 4 grants under this section.
(c) Grant Amount.--Amounts available for grants under this
section in any fiscal year shall be apportioned among the
eligible States on the basis of population.
(d) Use of Grant Amounts.--
(1) In general.--Of the amounts received by a State
under this section for any fiscal year--
(A) 50 percent shall be used for the
enforcement of, and education to promote public
awareness of, State child passenger protection
laws; and
(B) 50 percent shall be used to fund programs
that purchase and distribute child booster
seats, child safety seats, and other
appropriate passenger motor vehicle child
restraints to indigent families without charge.
(2) Report.--Within 60 days after the State fiscal
year in which a State receives a grant under this
section, the State shall transmit to the Secretary a
report documenting the manner in which grant amounts
were obligated or expended and identifying the specific
programs supports by grant funds. The report shall be
in a form prescribed by the Secretary and may be
combined with other State grant reporting requirements
under this chapter.
(e) Administrative Expenses.--Not more than 2.5 percent of
the amount appropriated to carry out this section for any
fiscal year may be obligated or expended for administrative
expenses.
(f) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of Transportation, out of the
Highway Trust Fund--
(1) $18,000,000 for fiscal year 2006;
(2) $20,000,000 for fiscal year 2007;
(3) $25,000,000 for fiscal year 2008; and
(4) $30,000,000 for fiscal year 2009.
TITLE 28. JUDICIARY AND JUDICIAL PROCEDURE
PART VI. PARTICULAR PROCEEDINGS
CHAPTER 158. ORDERS OF FEDERAL AGENCIES; REVIEW
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) or pursuant to part B or C of
subtitle IV of title 49; and]
(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 of title 49 or pursuant to
subchapter III of chapter 311, chapter 313, and
chapter 315 of Part B of subtitle VI 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.
* * * * * * *
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 39. POSTAL SERVICE
PART III. MODERNIZATION AND FISCAL ADMINISTRATION
CHAPTER 20. FINANCE
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.
* * * * * * *
PART IV. MAIL MATTER
CHAPTER 30. NONMAILABLE MATTER
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 409(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. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART I. STATE BOATING SAFETY PROGRAMS
CHAPTER 131. RECREATIONAL BOATING SAFETY
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)).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) Of the amount transferred to the [Secretary of
Transportation under paragraph (4) of section 4(b)] Secretary
under subsections (a)(2) and (e) of section 4 of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)), a
minimum of $2,083,333 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
$833,333 shall be available to the Secretary only to ensure
compliance with chapter 43 of this title. 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. Amounts made available by this subsection shall remain
available until expended. The Secretary shall publish annually
in the Federal Register a detailed accounting of the projects,
programs, and activities funded under this subsection.
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 Threshhold.--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.
TITLE 49. TRANSPORTATION
SUBTITLE I. DEPARTMENT OF TRANSPORTATION
CHAPTER 1. ORGANIZATION
Sec. 112. Research and Special Programs Administration
(a) Establishment.--There is established in the Department of
Transportation a Research and Special Programs Administration.
(b) Administrator.--
(1) Appointment.--The Administration shall be headed
by an Administrator who shall be appointed by the
President, by and with the advice and consent of the
Senate.
(2) Reporting.--The Administrator shall report
directly to the Secretary.
(c) Deputy Administrator.--The Administration shall have a
Deputy Administrator who shall be appointed by the Secretary of
Transportation. The Deputy Administrator shall carry out duties
and powers prescribed by the Administrator.
(d) Responsibilities of Administrator.--The Administrator of
the Administration shall be responsible for carrying out the
following:
(1) Hazmat transportation safety.--Duties and powers
vested in the Secretary of Transportation with respect
to hazardous materials transportation safety, except as
otherwise delegated by the Secretary.
(2) Pipeline safety.--Duties and powers vested in the
Secretary with respect to pipeline safety.
(3) Activities of Volpe National Transportation
Systems Center.--Duties and powers vested in the
Secretary with respect to activities of the Volpe
National Transportation Systems Center.
(4) Other.--Such other duties and powers as the
Secretary shall prescribe, including such multimodal
and intermodal duties as are appropriate.
(e) 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; or
(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.
[(e)] (i) Limitation on statutory construction.--Nothing in
this section shall affect any delegation of authority,
regulation, order, approval, exemption, waiver, contract, or
other administrative act of the Secretary with respect to laws
administered through the Research and Special Programs
Administration of the Department of Transportation on October
24, 1992.
CHAPTER 3. GENERAL DUTIES AND POWERS
SUBCHAPTER III. MISCELLANEOUS
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.
CHAPTER 5. SPECIAL AUTHORITY
SUBCHAPTER II. PENALTIES
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 investigtion, 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, for 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.
SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51. TRANSPORTATION OF HAZARDOUS MATERIAL
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 by a hazmat employer;
and
[(ii) who during the course of
employment directly affects hazardous
material transportation safety as the
Secretary decides by regulation;
[(B) includes an owner-operator of a motor
vehicle transporting hazardous material in
commerce; and
[(C) includes an individual, employed 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;
[(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.]
(3) ``hazmat employee'' means an individual--
(A) who--
(i) is employed or used by a hazmat
employer; or
(ii) is self-employed, including an
owner-operator of a motor vehicle,
vessel, or aircraft, transporting
hazardous material in commerce; and
(B) who performs a function regulated by the
Secretary under section 5103(b)(1) of this
title.
[(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; or
(ii) is self-employed, including an
owner-operator of a motor vehicle,
vessel, or aircraft, transporting
hazardous material in commerce; and
(B) who performs, or employs or uses at least
1 hazmat employee to perform, a function
regulated by the Secretary under section
5103(b)(1) of this title.
(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''] ``National Response
Team'' means the [national response team] ``National
Response Team'' established under the [national
contingency plan] 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]
that--
(i) offers hazardous material for
transportation in commerce;
(ii) transports hazardous material to
further a commercial enterprise; or
(iii) manufactures, designs,
inspects, tests, reconditions, marks,
or repairs a packaging or packaging
component that is represented 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) manufactures, designs,
inspects, tests, reconditions, marks,
or repairs a packaging or packaging
component that is represented 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;
(vii) misrepresents whether such
person is engaged in any activity under
clause (i) through (vi) of this
subparagraph; or
(viii) performs any other act or
function relating to the transportation
of hazardous material in commerce; and
(B) shall govern safety aspects, including
security, of the transportation of hazardous
material the Secretary considers appropriate.
[(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.]
(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 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),] subsection (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] not, without authorization
from the owner or custodian, 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) 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. 5106. Handling criteria
The Secretary of Transportation may prescribe criteria for
handling hazardous material, including--
(1) a minimum number of personnel;
(2) minimum levels of training and qualifications for
personnel;
(3) the kind and frequency of inspections;
(4) equipment for detecting, warning of, and
controlling risks posed by the hazardous material;
(5) specifications for the use of equipment and
facilities used in handling and transporting the
hazardous material; and
(6) a system of monitoring safety procedures for
transporting the hazardous material.
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 manufacturing, designing, inspecting,
testing, reconditioning, marking, or repairing a
package or packaging component that is represented 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, inspect, test, recondition, mark, or repair a
package, 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] $2,000 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)] (d) 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.] The person who provides the shipping paper, and the
carrier required to keep it, under this section shall retain
the paper, or an electronic format of it, for a period of 3
years after the date the shipping paper is provided to the
carrier, with the paper and format 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.
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.] Assocation 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.] 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 planning
grants 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.--
(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] a 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] a 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 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 Research and Special Programs
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 retester, 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 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, 2004, 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 tonnage 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,] Secretary, 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] chapter, a regulation
prescribed under this chapter, or an 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] $100,000 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) 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 manufacturing, designing, inspecting,
testing, reconditioning, or repairing of a packaging or
packaging component that is represented 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.
(g) Emergency Waiver of Preemption.--
(1) The Secretary may, upon a finding of good cause,
waive the preemption of a requirement of a State,
political subdivision of a State, or Indian tribe under
this section without prior notice or an opportunity for
public comment thereon.
(2) For purposes of paragraph (1) of this subsection,
good cause exists when--
(A) there is a potential threat that
hazardous material being transported in
commerce may be used in an attack on people or
property; and
(B) notice and an opportunity for public
comment thereon are impracticable or contrary
to the public interest.
(3)(A) A waiver of preemption under paragraph (1) of
this subsection shall be in effect for a period
specified by the Secretary, but not more than 6 months.
(B) If the Secretary determines before the expiration
of a waiver of preemption under subparagraph (A) of
this paragraph that the potential threat providing the
basis for the waiver continues to exist, the Secretary
may, after providing notice and an opportunity for
public comment thereon, extend the duration of the
waiver for such period after the expiration of the
waiver under that subparagraph as the Secretary
considers appropriate.
(4) An action of the Secretary under paragraph (1) or
(3) of this subsection shall be in writing and shall
set forth the standards and procedures for seeking
reconsideration of the action.
(5) After taking action under paragraph (1) or (3) of
this subsection, the Secretary shall provide for review
of the action if a petition for review of the action is
filed within 20 calendar days after the date of the
action.
(6) If a petition for review of an action is filed
under paragraph (5) of this subsection and review of
the action is not completed by the end of the 30-day
period beginning on the date the petition is filed, the
waiver under this subsection shall cease to be
effective at the end of such period unless the
Secretary determines, in writing, that the potential
threat providing the basis for the waiver continues.
[(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)] (h) 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.
(i) 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.
(j) 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,]
hazardous material or causes hazardous material to be
transported, or [manufactures, fabricates, marks, maintains,
reconditions, repairs, or tests a packaging or a container that
the person represents, marks, certifies, or sells]
manufactures, designs, inspects, tests, reconditions, marks, or
repairs a packaging 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]
manufacturing, designing, inspecting, testing, reconditioning,
marking, or repairing 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 suffering legal wrong or 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 or resides or has the 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. Findings of fact by the Secretary, if supported by
substantial evidence, are conclusive.
(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 2004, not more than $24,981,000.
(2) For fiscal year 2005, not more than $27,000,000.
(3) For fiscal year 2006, not more than $29,000,000.
(4) 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 2004 through 2009.
(2) To carry out section 5115 of this title, $200,000
for each of fiscal years 2004 through 2009.
(3) To carry out section 5116(a) of this title,
$8,000,000 for each of fiscal years 2004 through 2009.
(4) To carry out section 5116(b) of this title,
$13,800,000 for each of fiscal years 2004 through 2009.
(5) To carry out section 5116(f) of this title,
$150,000 for each of fiscal years 2004 through 2009.
(6) To carry out section 5116(i)(4) of this title,
$150,000 for each of fiscal years 2004 through 2009.
(7) To carry out section 5116(j) of this title,
$1,000,000 for each of fiscal years 2004 through 2009.
(8) To publish and distribute an emergency response
guidebook under section 5116(i)(3) of title 49, United
States Code, $500,000 for each of fiscal years 2004
through 2009.
(c) 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.
(d) Availability of Amounts.--Amounts available under
subsections (a) and (b) of this section shall remain available
until expended.
[CHAPTER 57. SANITARY FOOD TRANSPORTATION
[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. 5702. Definitions
[In this chapter--
[(1) ``cosmetic'', ``device'', ``drug'', ``food'',
and ``food additive'' have the same meanings given
those terms in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
[(2) ``nonfood product'' means (individually or by
class) a material, substance, or product that is not a
cosmetic, device, drug, food, or food additive, or is
deemed a nonfood product under section 5703(a)(2) of
this title, including refuse and solid waste (as
defined in section 1004 of the Solid Waste Disposal Act
(42 U.S.C. 6903)).
[(3) ``refuse'' means discarded material that is, or
is required by law, to be transported to or disposed of
in a landfill or incinerator.
[(4) ``State'' means 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.
[(5) ``transports'' and ``transportation'' mean any
movement of property in commerce (including intrastate
commerce) by motor vehicle or rail vehicle.
[(6) ``United States'' means all of the States.
[Sec. 5703. General regulation
[(a) General requirements.--
[(1) Not later than July 31, 1991, the Secretary of
Transportation, after consultation required by section
5709 of this title, shall prescribe regulations on the
transportation of cosmetics, devices, drugs, food, and
food additives in motor vehicles and rail vehicles that
are used to transport nonfood products that would make
the cosmetics, devices, drugs, food, or food additives
unsafe to humans or animals.
[(2) The Secretary shall deem a cosmetic, device, or
drug to be a nonfood product if--
[(A) the cosmetic, device, or drug is
transported in a motor vehicle or rail vehicle
before, or at the same time as, a food or food
additive; and
[(B) transportation of the cosmetic, device,
or drug would make the food or food additive
unsafe to humans or animals.
[(b) Special requirements.--In prescribing regulations under
subsection (a)(1) of this section, the Secretary, after
consultation required by section 5709 of this title, shall
establish requirements for appropriate--
[(1) recordkeeping, identification, marking,
certification, or other means of verification to comply
with sections 5704-5706 of this title;
[(2) decontamination, removal, disposal, and
isolation to comply with regulations carrying out
sections 5704 and 5705 of this title; and
[(3) material for the construction of tank trucks,
rail tank cars, cargo tanks, and accessory equipment to
comply with regulations carrying out section 5704 of
this title.
[(c) Considerations and additional requirements.--In
prescribing regulations under subsection (a)(1) of this
section, the Secretary, after consultation required by section
5709 of this title, shall consider, and may establish
requirements related to, each of the following:
[(1) the extent to which packaging or similar means
of protecting and isolating commodities are adequate to
eliminate or ameliorate the potential risks of
transporting cosmetics, devices, drugs, food, or food
additives in motor vehicles or rail vehicles used to
transport nonfood products.
[(2) appropriate compliance and enforcement measures
to carry out this chapter.
[(3) appropriate minimum insurance or other liability
requirements for a person to whom this chapter applies.
[(d) Packages meeting packaging standards.--If the Secretary
finds packaging standards to be adequate, regulations under
subsection (a)(1) of this section may not apply to cosmetics,
devices, drugs, food, food additives, or nonfood products
packaged in packages that meet the standards.
[Sec. 5704. Tank trucks, rail tank cars, and cargo tanks
[(a) Prohibitions.--The regulations prescribed under section
5703(a)(1) of this title shall include provisions prohibiting a
person from--
[(1) using, offering for use, or arranging for the
use of a tank truck, rail tank car, or cargo tank used
in motor vehicle or rail transportation of cosmetics,
devices, drugs, food, or food additives if the tank
truck, rail tank car, or cargo tank is used to
transport a nonfood product, except a nonfood product
included in a list published under subsection (b) of
this section;
[(2) using, offering for use, or arranging for the
use of a tank truck or cargo tank to provide motor
vehicle transportation of cosmetics, devices, drugs,
food, food additives, or nonfood products included in
the list published under subsection (b) of this section
unless the tank truck or cargo tank is identified, by a
permanent marking on the tank truck or cargo tank, as
transporting only cosmetics, devices, drugs, food, food
additives, or nonfood products included in the list;
[(3) using, offering for use, or arranging for the
use of a tank truck or cargo tank to provide motor
vehicle transportation of a nonfood product that is not
included in the list published under subsection (b) of
this section if the tank truck or cargo tank is
identified, as provided in clause (2) of this
subsection, as a tank truck or cargo tank transporting
only cosmetics, devices, drugs, food, food additives,
or nonfood products included in the list; or
[(4) receiving, except for lawful disposal purposes,
any cosmetic, device, drug, food, food additive, or
nonfood product that has been transported in a tank
truck or cargo tank in violation of clause (2) or (3)
of this subsection.
[(b) List of nonfood products not unsafe.--After consultation
required by section 5709 of this title, the Secretary of
Transportation shall publish in the Federal Register a list of
nonfood products the Secretary decides do not make cosmetics,
devices, drugs, food, or food additives unsafe to humans or
animals because of transportation of the nonfood products in a
tank truck, rail tank car, or cargo tank used to transport
cosmetics, devices, drugs, food, or food additives. The
Secretary may amend the list periodically by publication in the
Federal Register.
[(c) Disclosure.--A person that arranges for the use of a
tank truck or cargo tank used in motor vehicle transportation
for the transportation of a cosmetic, device, drug, food, food
additive, or nonfood product shall disclose to the motor
carrier or other appropriate person if the cosmetic, device,
drug, food, food additive, or nonfood product being transported
is to be used--
[(1) as, or in the preparation of, a food or food
additive; or
[(2) as a nonfood product included in the list
published under subsection (b) of this section.
[Sec. 5705. Motor and rail transportation of nonfood products
[(a) Prohibitions.--The regulations prescribed under section
5703(a)(1) of this title shall include provisions prohibiting a
person from using, offering for use, or arranging for the use
of a motor vehicle or rail vehicle (except a tank truck, rail
tank car, or cargo tank described in section 5704 of this
title) to transport cosmetics, devices, drugs, food, or food
additives if the vehicle is used to transport nonfood products
included in a list published under subsection (b) of this
section.
[(b) List of unsafe nonfood products.--
[(1) After consultation required by section 5709 of
this title, the Secretary of Transportation shall
publish in the Federal Register a list of nonfood
products the Secretary decides would make cosmetics,
devices, drugs, food, or food additives unsafe to
humans or animals because of transportation of the
nonfood products in a motor vehicle or rail vehicle
used to transport cosmetics, devices, drugs, food, or
food additives. The Secretary may amend the list
periodically by publication in the Federal Register.
[(2) The list published under paragraph (1) of this
subsection may not include cardboard, pallets, beverage
containers, and other food packaging except to the
extent the Secretary decides that the transportation of
cardboard, pallets, beverage containers, or other food
packaging in a motor vehicle or rail vehicle used to
transport cosmetics, devices, drugs, food, or food
additives would make the cosmetics, devices, drugs,
food, or food additives unsafe to humans or animals.
[Sec. 5706. Dedicated vehicles
[(a) Prohibitions.--The regulations prescribed under section
5703(a)(1) of this title shall include provisions prohibiting a
person from using, offering for use, or arranging for the use
of a motor vehicle or rail vehicle to transport asbestos, in
forms or quantities the Secretary of Transportation decides are
necessary, or products that present an extreme danger to humans
or animals, despite any decontamination, removal, disposal,
packaging, or other isolation procedures, unless the motor
vehicle or rail vehicle is used only to transport one or more
of the following: asbestos, those extremely dangerous products,
or refuse.
[(b) List of applicable products.--After consultation
required by section 5709 of this title, the Secretary shall
publish in the Federal Register a list of the products to which
this section applies. The Secretary may amend the list
periodically by publication in the Federal Register.
[Sec. 5707. Waiver authority
[(a) General authority.--After consultation required by
section 5709 of this title, the Secretary of Transportation may
waive any part of this chapter or regulations prescribed under
this chapter for a class of persons, motor vehicles, rail
vehicles, cosmetics, devices, drugs, food, food additives, or
nonfood products, if the Secretary decides that the waiver--
[(1) would not result in the transportation of
cosmetics, devices, drugs, food, or food additives that
would be unsafe to humans or animals; and
[(2) would not be contrary to the public interest and
this chapter.
[(b) Publication of waivers.--The Secretary shall publish in
the Federal Register any waiver and the reasons for the waiver.
[Sec. 5708. Food transportation inspections
[(a) General authority.--For commercial motor vehicles, the
Secretary of Transportation may carry out this chapter and
assist in carrying out compatible State laws and regulations
through means that include inspections conducted by State
employees that are paid for with money authorized under section
31104 of this title, if the recipient State agrees to assist in
the enforcement of this chapter or is enforcing compatible
State laws and regulations.
[(b) Providing assistance.--On the request of the Secretary
of Transportation, the Secretaries of Agriculture and Health
and Human Services, the Administrator of the Environmental
Protection Agency, and the heads of other appropriate
departments, agencies, and instrumentalities of the United
States Government shall provide assistance, to the extent
available, to the Secretary of Transportation to carry out this
chapter, including assistance in the training of personnel
under a program established under subsection (c) of this
section.
[(c) Training program.--After consultation required by
section 5709 of this title and consultation with the heads of
appropriate State transportation and food safety authorities,
the Secretary of Transportation shall develop and carry out a
training program for inspectors to conduct vigorous enforcement
of this chapter and regulations prescribed under this chapter
or compatible State laws and regulations. As part of the
training program, the inspectors, including State inspectors or
personnel paid with money authorized under section 31104 of
this title, shall be trained in the recognition of adulteration
problems associated with the transportation of cosmetics,
devices, drugs, food, and food additives and in the procedures
for obtaining assistance of the appropriate departments,
agencies, and instrumentalities of the Government and State
authorities to support the enforcement.
[Sec. 5709. Consultation
[As provided by sections 5703-5708 of this title, the
Secretary of Transportation shall consult with the Secretaries
of Agriculture and Health and Human Services and the
Administrator of the Environmental Protection Agency.
[Sec. 5710. Administrative
[The Secretary of Transportation has the same duties and
powers in regulating transportation under this chapter as the
Secretary has under section 5121(a)-(c)(except subsection
(c)(1)(A)) of this title in regulating transportation under
chapter 51 of this title.
[Sec. 5711. Enforcement and penalties
[(a) Actions.--The Secretary of Transportation shall request
that a civil action be brought and take action to eliminate or
ameliorate an imminent hazard related to a violation of a
regulation prescribed or order issued under this chapter in the
same way and to the same extent as authorized by section 5122
of this title.
[(b) Applicable penalties and procedures.--The penalties and
procedures in sections 5123 and 5124 of this title apply to a
violation of a regulation prescribed or order issued under this
chapter.
[Sec. 5712. Relationship to other laws
[Section 5125 of this title applies to the relationship
between this chapter and a requirement of a State, a political
subdivision of a State, or an Indian tribe.
[Sec. 5713. Application of sections 5711 and 5712
[Sections 5711 and 5712 of this title apply only to
transportation occurring on or after the date that regulations
prescribed under section 5703(a)(1) of this title are
effective.
[Sec. 5714. Coordination procedures
[Not later than November 3, 1991, the Secretary of
Transportation, after consultation with appropriate State
officials, shall establish procedures to promote more effective
coordination between the departments, agencies, and
instrumentalities of the United States Government and State
authorities with regulatory authority over motor carrier safety
and railroad safety in carrying out and enforcing this
chapter.]
CHAPTER 57--SANITARY FOOD TRANSPORTATION
Sec.
5701. Food transportation safety inspections.
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;
and
(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.
SUBTITLE IV. INTERSTATE TRANSPORTATION
PART B. MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
CHAPTER 135. JURISDICTION
SUBCHAPTER I. MOTOR CARRIER TRANSPORTATION
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)] (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;
[(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
[(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.
CHAPTER 137. RATES AND THROUGH ROUTES
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 total units listed on the
inventory provided by the carrier under section
14104(d) of this title.
CHAPTER 139. REGISTRATION
* * * * * * *
SUBTITLE IV. INTERSTATE TRANSPORTATION
PART B. MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
CHAPTER 139. REGISTRATION
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.
(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) 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.--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, 2002, 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.
[(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 2003, 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) Fees 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 2003
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.
CHAPTER 141. OPERATIONS OF CARRIERS
SUBCHAPTER I. GENERAL REQUIREMENTS
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.]
(1) Requirement for written estimate.--A motor
carrier providing transportation of household goods
subject to jurisdiction under subchapter I of chapter
135 shall provide to a prospective shipper a written
estimate of all charges related to the transportation
of the household goods, including charges for--
(A) packing;
(B) unpacking;
(C) loading;
(D) unloading; and
(E) handling of the shipment from the point
of origin to the final destination (whether
that destination is storage or transit).
(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. If the written estimate is
nonbinding, and is not based on a visual inspection,
the carrier shall, at the first opportunity and prior
to the execution of a contract for service, conduct a
visual inspection of the household goods to be
transported and provide a revised written estimate if
the estimated charges are different than the original
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) Notification of Final Charges.--If the final charges for
a shipment of household goods exceed 100 percent of a binding
estimate or 110 percent of a nonbinding estimate, the motor
carrier shall provide the shipper an itemized statement of the
charges. The statement shall be provided to the shipper within
24 hours prior to the delivery of the shipment unless the
shipper waives this requirement. Such notification shall--
(1) be delivered in writing at the motor carrier's
expense; and
(2) disclose the requirements of section 13707(b)(3)
of this title regarding payment for delivery of a
shipment of household goods.
(d) Requirement for Inventory.--A motor carrier providing
transportation of a shipment of household goods, as defined in
section 13012(10)(A), that is subject to jurisdiction under
subchapter I of chapter 135 of this title shall, at the time of
loading the shipment, prepare a written inventory of all
articles tendered and accepted by the motor carrier for
transportation. Such inventory shall--
(1) list or otherwise reasonably identify each item
tendered for transportation;
(2) be signed by the shipper and the motor carrier,
or the agent of the shipper or carrier, at the time the
shipment is loaded and at the time the shipment is
unloaded at the final destination;
(3) be attached to, and considered part of, the bill
of lading; and
(4) be subject to the same requirements of the
Secretary for record inspection and preservation that
apply to bills of lading.
[(c)] (e) 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.
SUBCHAPTER II. REPORTS AND RECORDS
* * * * * * *
Sec. 14124. Consumer complaints
(a) Establishment of System and Database.--The Secretary
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 compile any complaint information
gathered by a State with regard to such
transportation;
(2) establish a database of such complaints; and
(3) develop a procedure--
(A) to provide the public access to the
database;
(B) to forward a complaint, including the
motor carrier bill of lading number related to
the complaint to a motor carrier named in such
complaint and to an appropriate State authority
(as defined in section 14710(c));
(C) to permit a motor carrier to challenge
information in the database; and
(D) to provide, for motor carriers included
in the database, the percentage of such
complaints that are disputed by each such motor
carrier.
(b) Requirement for Annual Reports.--The Secretary shall
issue regulations requiring a motor carrier that provides
transportation of household goods to submit to the Secretary,
not later than March 31st of each year, an annual report
covering the 12-month period ending on the preceding March 31st
that includes--
(1) the number of shipments of household goods that
the motor carrier received from shippers and that were
delivered to a final destination during the preceding
calendar year;
(2) the number and general category of complaints
lodged against the motor carrier during the preceding
calendar year;
(3) the number of shipments described in paragraph
(1) that resulted in the filing of a claim against the
motor carrier for loss or damage to the shipment for an
amount in excess of $500 during the preceding calendar
year broken down by--
(A) the number of claims filed by shippers
relocated under a contract between the motor
carrier and shippers' employers; and
(B) the number of claims filed by other
shippers; and
(4) the number of shipments described in paragraph
(3) that were--
(A) resolved during the preceding calendar
year; or
(B) pending on the last day of the preceding
calendar year.
CHAPTER 145. FEDERAL-STATE RELATIONS
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 2003.
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 2003.
(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
recycables 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, 2003), 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 develop the
rules and regulations to govern the UCR Agreement and
submit such rules and regulations to the Secretary for
approval and adoption. 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 Federal
Motor Carrier Safety Administration, 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.--The Board shall determine
the annual fees to be assessed carriers, leasing
companies, brokers, and freight forwarders pursuant to
the Unified Carrier Registration Agreement. In
determining the level of fees to be assessed in the
next Agreement year, the Board shall consider--
(A) the administrative costs associated with
the Unified Carrier Registration Plan and the
Agreement;
(B) 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
(C) the parameters for fees set forth in
subsection (f)(1).
(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 2003, 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.--In the event a State
withdraws, or notifies the Secretary that it is
withdrawing, the plan submitted under this subsection,
the State may no longer participate in the Unified
Carrier Registration Agreement or receive any portion
of the revenues derived under 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 Board with
the approval of the Secretary.
(C) The Board shall develop no more than 6 and no
less than 4 ranges of carriers by size of fleet.
(D) The fee scale shall be progressive and use
different vehicle ratios for different ranges of
carrier fleet size.
(E) The Board may 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 subsection (e)(1) 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.
(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 calendar year ending
before the date of enactment of the Unified Carrier
Registration Act of 2003 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
calendar year ending before the date of enactment of
the Unified Carrier Registration Act of 2003, 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 2003, 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 calendar year ending before the
date of enactment of the Unified Carrier Registration
Act of 2003 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 Board
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.
CHAPTER 147. ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES
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.
(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.--
(1) Requirement to offcer._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.] shippers. The carrier may
not require the shipper to agree to use arbitration as
a means to settle such a dispute.
(2) Requirements for carriers.--If a dispute with a
carrier providing transportation of household goods
involves a claim that is--
(A) not more than $5,000 and the shipper
requests arbitration, such arbitration shall be
binding on the parties; or
(B) for more than $5,000 and the shipper
requests arbitration, such arbitration shall be
binding on the parties only if the carrier
agrees to arbitration.
(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.]
(4) Independence of arbitrator.--The Secretary shall
establish a system for the certification of persons
authorized to arbitrate or otherwise settle a dispute
between a shipper of household goods and a carrier. The
Secretary shall ensure that each person so certified
is--
(A) independent of the parties to the
dispute;
(B) capable, as determined under such
regulations as the Secretary may issue, to
resolve such disputes fairly and expeditiously;
and
(C) 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 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 and the shipper requests arbitration, such
arbitration shall be binding on the parties only if the
carrier agrees to arbitration.]
[(7)] (6) 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)] (7) 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.
(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)] (b)(7) 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.
(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.]
if--
(1) the court proceeding is to enforce a decision
rendered in favor of the carrier through arbitration
under this section and is instituted after the shipper
has a reasonable opportunity to pay any charges
required by such decision; or
(2) the shipper brought such action in bad faith--
(A) after resolution of such dispute through
arbitration under this section; or
(B) after institution of an arbitration
proceeding by the shipper to resolve such
dispute under this section but before--
(i) the period provided under
subsection (b)(7) for resolution of
such dispute (including, if applicable,
an extension of such period under such
subsection) ends; and
(ii) 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 chapters
137, 147, and 149, subchapter I of chapter 141, section 13907,
and section 14124 of this title and regulations thereunder
related to 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) 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 this part, or a
regulation or order of the Secretary or Board, as applicable,
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.
(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.
CHAPTER 149. CIVIL AND CRIMINAL PENALTIES
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 for a
period of not less than 6 months the registration of such
carrier or broker under chapter 139 of this title.
(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 2 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 of a motor carrier 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.
SUBTITLE V. RAIL PROGRAMS
PART A. SAFETY
CHAPTER 201. GENERAL
SUBCHAPTER II. PARTICULAR ASPECTS OF SAFETY
* * * * * * *
Sec. 20154. Capital grants for rail line relocation projects
(a) Establishment of Program.--The Secretary of
Transportation shall carry out a grant program to provide
financial assistance for local rail line relocation projects.
(b) Eligibility.--A State is eligible for a grant under this
section for any project for the improvement of the route or
structure of a rail line passing through a municipality of the
State that--
(1) is carried out for the purpose of mitigating the
adverse effects of rail traffic on safety, motor
vehicle traffic flow, or economic development in the
municipality;
(2) involves a lateral or vertical relocation of any
portion of the rail line within the municipality to
avoid a closing of a grade crossing or the construction
of a road underpass or overpass; and
(3) meets the costs-benefits requirement set forth in
subsection (c).
(c) Costs-Benefits Requirement.--A grant may be awarded under
this section for a project for the relocation of a rail line
only if the benefits of the project for the period equal to the
estimated economic life of the relocated rail line exceed the
costs of the project for that period, as determined by the
Secretary considering the following factors:
(1) The effects of the rail line and the rail traffic
on motor vehicle and pedestrian traffic, safety, and
area commerce if the rail line were not so relocated.
(2) The effects of the rail line, relocated as
proposed, on motor vehicle and pedestrian traffic,
safety, and area commerce.
(3) The effects of the rail line, relocated as
proposed, on the freight and passenger rail operations
on the rail line.
(d) Considerations for Approval of Grant Applications.--In
addition to considering the relationship of benefits to costs
in determining whether to award a grant to an eligible State
under this section, the Secretary shall consider the following
factors:
(1) The capability of the State to fund the rail line
relocation project without Federal grant funding.
(2) The requirement and limitation relating to
allocation of grant funds provided in subsection (e).
(3) Equitable treatment of the various regions of the
United States.
(e) Allocation Requirements.--
(1) Grants not greater than $20,000,000.--At least 50
percent of all grant funds awarded under this section
out of funds appropriated for a fiscal year shall be
provided as grant awards of not more than $20,000,000
each.
(2) Limitation per project.--Not more than 25 percent
of the total amount available for carrying out this
section for a fiscal year may be provided for any 1
project in that fiscal year.
(f) Federal Share.--The total amount of a grant awarded under
this section for a rail line relocation project shall be 90
percent of the shared costs of the project, as determined under
subsection (g)(4).
(g) State Share.--
(1) Percentage.--A State shall pay 10 percent of the
shared costs of a project that is funded in part by a
grant awarded under this section.
(2) Forms of contributions.--The share required by
paragraph (1) may be paid in cash or in kind.
(3) In-kind contributions.--The in-kind contributions
that are permitted to be counted under paragraph (2)
for a project for a State are as follows:
(A) A contribution of real property or
tangible personal property (whether provided by
the State or a person for the State).
(B) A contribution of the services of
employees of the State, calculated on the basis
of costs incurred by the State for the pay and
benefits of the employees, but excluding
overhead and general administrative costs.
(C) A payment of any costs that were incurred
for the project before the filing of an
application for a grant for the project under
this section, and any in-kind contributions
that were made for the project before the
filing of the application, if and to the extent
that the costs were incurred or in-kind
contributions were made, as the case may be, to
comply with a provision of a statute required
to be satisfied in order to carry out the
project.
(4) Costs not shared.--
(A) In general.--For the purposes of
subsection (f) and this subsection, the shared
costs of a project in a municipality do not
include any cost that is defrayed with any
funds or in-kind contribution that a source
other than the municipality makes available for
the use of the municipality without imposing at
least 1 of the following conditions:
(i) The condition that the
municipality use the funds or
contribution only for the project.
(ii) The condition that the
availability of the funds or
contribution to the municipality is
contingent on the execution of the
project.
(B) Determinations of the secretary.--The
Secretary shall determine the amount of the
costs, if any, that are not shared costs under
this paragraph and the total amount of the
shared costs. A determination of the Secretary
shall be final.
(h) Multistate Agreements To Combine Amounts.--Two or
more States (not including political subdivisions of
States) may, pursuant to an agreement entered into by
the States, combine any part of the amounts provided
through grants for a project under this section if--
(1) the project will benefit each of the
States entering into the agreement; and
(2) the agreement is not a violation of a law
of any such State.
(i) Regulations.--The Secretary shall prescribe regulations
for carrying out this section.
(j) State Defined.--In this section, the term ``State''
includes, except as otherwise specifically provided, a
political subdivision of a State.
(k) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary for use in carrying out this
section $350,000,000 for each of the fiscal years 2004 through
2008.
PART B. ASSISTANCE
[CHAPTER 223. LIGHT DENSITY RAIL LINE PILOT PROJECTS
[Sec. 22301. Light density rail line pilot projects
[(a) Grants.--The Secretary of Transportation may make grants
to States that have State rail plans described in section 22102
(1) and (2), to fund pilot projects that demonstrate the
relationship of light density railroad services to the
statutory responsibilities of the Secretary, including those
under title 23.
[(b) Limitations.--Grants under this section may be made only
for pilot projects for making capital improvements to, and
rehabilitating, publicly and privately owned rail line
structures, and may not be used for providing operating
assistance.
[(c) Private Owner contributions.--Grants made under this
section foro projects on privately owned rail line structures
shall include contributions by the owner of the rail line
structures, based on the benefit to those structures, as
determined by the Secretary.
[(d) Study.--The Secretary shall conduct a study of the pilot
projects carried out with grant assistance under this section
to determine the public interest benefits associated with the
light density railroad networks in the States and their
contribution to a multimodal transportation system. Not later
than March 31, 2003, the Secretary shall report to Congress any
recommendations the Secretary considers appropriate regarding
the eligibility of light density rail networks for Federal
infrastructure financing.
[(e) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$17,500,000 for each of the fiscal years 1998, 1999, 2000,
2001, 2002, and 2003. Such funds shall remain available until
expended.]
CHAPTER 223--CAPITAL GRANTS FOR RAILROAD TRACK
Sec.
22301. Capital grants for railroad track.
Sec. 22301. Capital grants for railroad track
(a) Establishment of Program.--
(1) Establishment.--The Secretary of Transportation
shall establish a program of capital grants for the
rehabilitation, preservation, or improvement of
railroad track (including roadbed, bridges, and related
track structures) of class II and class III railroads.
Such grants shall be for rehabilitating, preserving, or
improving track used primarily for freight
transportation to a standard ensuring that the track
can be operated safely and efficiently, including
grants for rehabilitating, preserving, or improving
track to handle 286,000 pound rail cars. Grants may be
provided under this chapter--
(A) directly to the class II or class III
railroad; or
(B) with the concurrence of the class II or
class III railroad, to a State or local
government.
(2) State cooperation.--Class II and class III
railroad applicants for a grant under this chapter are
encouraged to utilize the expertise and assistance of
State transportation agencies in applying for and
administering such grants. State transportation
agencies are encouraged to provide such expertise and
assistance to such railroads.
(3) Regulations.--
(A) In general.--The Secretary shall
prescribe regulations to carry out the program
under this section.
(B) Criteria.--In developing the regulations,
the Secretary shall establish criteria that--
(i) condition the award of a grant to
a railroad on reasonable assurances by
the railroad that the facilities to be
rehabilitated and improved will be
economically and efficiently utilized;
(ii) ensure that the award of a grant
is justified by present and probable
future demand for rail services by the
railroad to which the grant is to be
awarded;
(iii) ensure that consideration is
given to projects that are part of a
State-sponsored rail plan; and
(iv) ensure that all such grants are
awarded on a competitive basis.
(b) Maximum Federal Share.--The maximum Federal share for
carrying out a project under this section shall be 80 percent
of the project cost. The non-Federal share may be provided by
any non-Federal source in cash, equipment, or supplies. Other
in-kind contributions may be approved by the Secretary on a
case by case basis consistent with this chapter.
(c) Project Eligibility.--For a project to be eligible for
assistance under this section the track must have been operated
or owned by a class II or class III railroad as of the date of
the enactment of the Railroad Track Modernization Act of 2003.
(d) Use of Funds.--Grants provided under this section shall
be used to implement track capital projects as soon as
possible. In no event shall grant funds be contractually
obligated for a project later than the end of the third Federal
fiscal year following the year in which the grant was awarded.
Any funds not so obligated by the end of such fiscal year shall
be returned to the Secretary for reallocation.
(e) Additional Purpose.--In addition to making grants for
projects as provided in subsection (a), the Secretary may also
make grants to supplement direct loans or loan guarantees made
under title V of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 822(d)), for projects described
in the last sentence of section 502(d) of such title. Grants
made under this subsection may be used, in whole or in part,
for paying credit risk premiums, lowering rates of interest, or
providing for a holiday on principal payments.
(f) Employee Protection.--The Secretary shall require as a
condition of any grant made under this section that the
recipient railroad provide a fair arrangement at least as
protective of the interests of employees who are affected by
the project to be funded with the grant as the terms imposed
under section 11326(a), as in effect on the date of the
enactment of the Railroad Track Modernization Act of 2001.
(g) Labor Standards.--
(1) Prevailing wages.--The Secretary shall ensure
that laborers and mechanics employed by contractors and
subcontractors in construction work financed by a grant
made under this section will be paid wages not less
than those prevailing on similar construction in the
locality, as determined by the Secretary of Labor under
the Act of March 3, 1931 (known as the Davis-Bacon Act;
40 U.S.C. 276a et seq.). The Secretary shall make a
grant under this section only after being assured that
required labor standards will be maintained on the
construction work.
(2) Wage rates.--Wage rates in a collective
bargaining agreement negotiated under the Railway Labor
Act (45 U.S.C. 151 et seq.) are deemed for purposes of
this subsection to comply with the Act of March 3, 1931
(known as the Davis-Bacon Act; 40 U.S.C. 276a et seq.).
PART C. PASSENGER TRANSPORTATION
CHAPTER 241. GENERAL
Sec. 24104. Authorization of appropriations
[(a) In general.--There are authorized to be appropriated to
the Secretary of Transportation--
[(1) $1,138,000,000 for fiscal year 1998;
[(2) $1,058,000,000 for fiscal year 1999;
[(3) $1,023,000,000 for fiscal year 2000;
[(4) $989,000,000 for fiscal year 2001; and
[(5) $955,000,000 for fiscal year 2002, for the
benefit of Amtrak for capital expenditures under
chapters 243, 247, and 249 of this title, operating
expenses, and payments described in subsection
(c)(1)(A) through (C). In fiscal years following the
fifth anniversary of the enactment of the Amtrak Reform
and Accountability Act of 1997 no funds authorized for
Amtrak shall be used for operating expenses other than
those prescribed for tax liabilities under section 3221
of the Internal Revenue Code of 1986 that are more than
the amount needed for benefits of individuals who
retire from Amtrak and for their beneficiaries.
[(b) Operating expenses.--
[(1) Not more than $381,000,000 may be appropriated
to the Secretary for each of the fiscal years ending
September 30, 1993, and September 30, 1994, for the
benefit of Amtrak for operating expenses. Not more than
5 percent of the amounts appropriated for each fiscal
year shall be used to pay operating expenses under
section 24704 of this title for transportation in
operation on September 30, 1992.
[(2)(A) Not more than the following amounts may be
appropriated to the Secretary for the benefit of Amtrak
for operating losses under section 24704 of this title
for transportation beginning after September 30, 1992:
[(i) $7,500,000 for the fiscal year ending
September 30, 1993.
[(ii) $9,500,000 for the fiscal year ending
September 30, 1994.
[(B) The expenditure by Amtrak of an amount
appropriated under subparagraph (A) of this paragraph
is deemed not to be an operating expense when
calculating the revenue-to-operating expense ratio of
Amtrak.
[(c) Mandatory payments.--
[(1) Not more than $150,000,000 for the fiscal year
ending September 30, 1993, and amounts that may be
necessary for the fiscal year ending September 30,
1994, may be appropriated to the Secretary to pay--
[(A) tax liabilities under section 3221 of
the Internal Revenue Code of 1986 (26 U.S.C.
3221) due in those fiscal years that are more
than the amount needed for benefits for
individuals who retire from Amtrak and for
their beneficiaries;
[(B) obligations of Amtrak under section 8(a)
of the Railroad Unemployment Insurance Act (45
U.S.C. 358(a)) due in those fiscal years that
are more than obligations of Amtrak calculated
on an experience-related basis; and
[(C) obligations of Amtrak due under section
3321 of the Code (26 U.S.C. 3321).
[(2) Amounts appropriated under this subsection are
not a United States Government subsidy of Amtrak.
[(d) Payment to Amtrak.--Amounts appropriated under this
section shall be paid to Amtrak under the budget request of the
Secretary as approved or modified by Congress when the amounts
are appropriated. A payment may not be made more frequently
than once every 90 days, unless Amtrak, for good cause,
requests more frequent payment before a 90-day period ends. In
each fiscal year in which amounts are authorized to be
appropriated under this section, amounts appropriated shall be
paid to Amtrak as follows:
[(1) 50 percent on October 1.
[(2) 25 percent on January 1.
[(3) 25 percent on April 1.
[(e) Availability of amounts and early appropriations.--
[(1) Amounts appropriated under this section remain
available until expended.
[(2) Amounts for capital acquisitions and
improvements may be appropriated in a fiscal year
before the fiscal year in which the amounts will be
obligated.
[(f) Limitations on use.--Amounts appropriated under this
section may not be used to subsidize operating losses of
commuter rail passenger or rail freight transportation.]
There are authorized to be appropriated to the Secretary of
Transportation $2,000,000,000 for each of fiscal years 2004,
2005, 2006, 2007, 2008, and 2009 for the benefit of Amtrak for
operating expenses.
SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS
PART A. GENERAL
CHAPTER 301. MOTOR VEHICLE SAFETY
SUBCHAPTER I. GENERAL
Sec. 30106. 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
Administration 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 part of its highway safety plan before the plan
is submitted for review, the Administration shall provide 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 Administration shall--
(1) conduct a program improvement review of any State
that does not make substantial progress over a 3-year
period in meeting national priority program goals; and
(2) provide technical assistance and safety program
recommendations to the State for any goal not achieved.
(d) Regional Administrator 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 Surface Transportation
Safety Reauthorization Act of 2003.
(e) Best Practices Guidelines.--
(1) Uniform guidelines.--The Administration shall
issue uniform management review 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 Administration shall make the
following documents available via the Internet upon
their completion:
(A) The Administration's management review
and program review guidelines.
(B) State highway safety plans.
(C) State annual accomplishment reports.
(D) The Administration's State management
reviews.
(E) The Administration's State program
improvement plans.
(3) Reports to state highway safety agencies.--The
Administration 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.
SUBCHAPTER II. STANDARDS AND COMPLIANCE
Sec. 30112. Prohibitions on manufacturing, selling, and importing
noncomplying motor vehicles and equipment
(a) General.--Except as provided in this section, sections
30113 and 30114 of this title, and subchapter III of this
chapter, a [person] person, including a foreign motor carrier,
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.
(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.
(c) Definitions.--In this section:
(1) Foreign motor carrier.--The term ``foreign motor
carrier'' has the meaning given that term in section
13102 of this title.
(2) Import.--The term ``import'' means transport by
any means into the United States, on a permanent or
temporary basis, including the transportation of a
motor vehicle into the United States for the purpose of
providing the transportation of cargo or passengers.
Sec. 30115. Certification of compliance
(a) In general.--A manufacturer or distributor of a motor
vehicle or motor vehicle equipment shall certify to the
distributor or dealer at delivery that the vehicle or equipment
complies with applicable motor vehicle safety standards
prescribed under this chapter. A person may not issue the
certificate if, in exercising reasonable care, the person has
reason to know the certificate is false or misleading in a
material respect. Certification of a vehicle must be shown by a
label or tag permanently fixed to the vehicle. Certification of
equipment may be shown by a label or tag on the equipment or on
the outside of the container in which the equipment is
delivered.
(b) Certification label.--In the case of the certification
label affixed by an intermediate or final stage manufacturer of
a motor vehicle built in more than 1 stage, each intermediate
or final stage manufacturer shall certify with respect to each
applicable Federal motor vehicle safety standard--
(1) that it has complied with the specifications set
forth in the compliance documentation provided by the
incomplete motor vehicle manufacturer in accordance
with regulations prescribed by the Secretary; or
(2) that it has elected to assume responsibility for
compliance with that standard.
If the intermediate or final stage manufacturer elects to
assume responsibility for compliance with the standard covered
by the documentation provided by an incomplete motor vehicle
manufacturer, the intermediate or final stage manufacturer
shall notify the incomplete motor vehicle manufacturer in
writing within a reasonable time of affixing the certification
label. A violation of this subsection shall not be subject to a
civil penalty under section 30165.
(c) Application to Foreign Motor Carriers.--
(1) In general.--The requirement for certification
described in subsection (a) shall apply to a foreign
motor carrier that imports a motor vehicle or motor
vehicle equipment into the United States. Such
certification shall be made to the Secretary of
Transportation prior to the import of the vehicle or
equipment.
(2) Definitions.--In this subsection:
(A) Foreign motor carrier.--The term
``foreign motor carrier'' has the meaning given
that term in section 13102 of this title.
(B) Import.--The term ``import'' has the
meaning given that term in section 30112 of
this title.
Sec. 30120. Remedies for defects and noncompliance
(a) Ways to remedy.--
(1) Subject to subsections (f) and (g) of this
section, when notification of a defect or noncompliance
is required under section 30118(b) or (c) of this
title, the manufacturer of the defective or
noncomplying motor vehicle or replacement equipment
shall remedy the defect or noncompliance without charge
when the vehicle or equipment is presented for remedy.
Subject to subsections (b) and (c) of this section, the
manufacturer shall remedy the defect or noncompliance
in any of the following ways the manufacturer chooses:
(A) if a vehicle--
(i) by repairing the vehicle;
(ii) by replacing the vehicle with an
identical or reasonably equivalent
vehicle; or
(iii) by refunding the purchase
price, less a reasonable allowance for
depreciation.
(B) if replacement equipment, by repairing
the equipment or replacing the equipment with
identical or reasonably equivalent equipment.
(2) The Secretary of Transportation may prescribe
regulations to allow the manufacturer to impose
conditions on the replacement of a motor vehicle or
refund of its price.
(b) Tire remedies.--
(1) A manufacturer of a tire, including an original
equipment tire, shall remedy a defective or
noncomplying tire if the owner or purchaser presents
the tire for remedy not later than 60 days after the
later of--
(A) the day the owner or purchaser receives
notification under section 30119 of this title;
or
(B) if the manufacturer decides to replace
the tire, the day the owner or purchaser
receives notification that a replacement is
available.
(2) If the manufacturer decides to replace the tire
and the replacement is not available during the 60-day
period, the owner or purchaser must present the tire
for remedy during a subsequent 60-day period that
begins only after the owner or purchaser receives
notification that a replacement will be available
during the subsequent period. If tires are available
during the subsequent period, only a tire presented for
remedy during that period must be remedied.
(3) Reimbursement for tires replaced before replacement
notification is received.--A manufacturer, through its remedy
program, shall include a plan for reimbursing an owner or
purchaser who incurred the cost of the remedy in advance of the
manufacturer's notification under subsection (b) or (c) of
section 30118 up to 6 months after the last defect notice is
mailed to owners.
(c) Adequacy of repairs.--
(1) If a manufacturer decides to repair a defective
or noncomplying motor vehicle or replacement equipment
and the repair is not done adequately within a
reasonable time, the manufacturer shall--
(A) replace the vehicle or equipment without
charge with an identical or reasonably
equivalent vehicle or equipment; or
(B) for a vehicle, refund the purchase price,
less a reasonable allowance for depreciation.
(2) Failure to repair a motor vehicle or replacement
equipment adequately not later than 60 days after its
presentation is prima facie evidence of failure to
repair within a reasonable time. However, the Secretary
may extend, by order, the 60-day period if good cause
for an extension is shown and the reason is published
in the Federal Register before the period ends.
Presentation of a vehicle or equipment for repair
before the date specified by a manufacturer in a notice
under section 30119(a)(5) or 30121(c)(2) of this title
is not a presentation under this subsection.
(3) If the Secretary determines that a manufacturer's
remedy program is not likely to be capable of
completion within a reasonable time, the Secretary may
require the manufacturer to accelerate the remedy
program if the Secretary finds--
(A) that there is a risk of serious injury or
death if the remedy program is not accelerated;
and
(B) that acceleration of the remedy program
can be reasonably achieved by expanding the
sources of replacement parts, expanding the
number of authorized repair facilities, or
both. The Secretary may prescribe regulations
to carry out this paragraph.
(d) Filing manufacturer's remedy program.--A manufacturer
shall file with the Secretary a copy of the manufacturer's
program under this section for remedying a defect or
noncompliance. The Secretary shall make the program available
to the public and publish a notice of availability in the
Federal Register. A manufacturer's remedy program shall include
a plan for reimbursing an owner or purchaser who incurred the
cost of the remedy within a reasonable time in advance of the
manufacturer's notification under subsection (b) or (c) of
section 30118. The Secretary may prescribe regulations
establishing what constitutes a reasonable time for purposes of
the preceding sentence and other reasonable conditions for the
reimbursement plan. In the case of a remedy program involving
the replacement of tires, the manufacturer shall include a plan
addressing how to prevent, to the extent reasonably within the
control of the manufacturer, replaced tires from being resold
for installation on a motor vehicle, and how to limit, to the
extent reasonably within the control of the manufacturer, the
disposal of replaced tires in landfills, particularly through
shredding, crumbling, recycling, recovery, and other
alternative beneficial non-vehicular uses. The manufacturer
shall include information about the implementation of such plan
with each quarterly report to the Secretary regarding the
progress of any notification or remedy campaigns.
(e) Hearings about meeting remedy requirements.--On the
motion of the Secretary or on application by any interested
person, the Secretary may conduct a hearing to decide whether
the manufacturer has reasonably met the remedy requirements
under this section. Any interested person may make written and
oral presentations of information, views, and arguments on
whether the manufacturer has reasonably met the remedy
requirements. If the Secretary decides a manufacturer has not
reasonably met the remedy requirements, the Secretary shall
order the manufacturer to take specified action to meet those
requirements and may take any other action authorized under
this chapter.
(f) Fair reimbursement to dealers.--A manufacturer shall pay
fair reimbursement to a dealer providing a remedy without
charge under this section.
(g) Nonapplication.--
(1) The requirement that a remedy be provided without
charge does not apply if the motor vehicle or
replacement equipment was bought by the first purchaser
more than 10 calendar years, or the tire, including an
original equipment tire, was bought by the first
purchaser more than 5 calendar years, before notice is
given under section 30118(c) of this title or an order
is issued under section 30118(b) of this title,
whichever is earlier.
(2) This section does not apply during any period in
which enforcement of an order under section 30118(b) of
this title is restrained or the order is set aside in a
civil action to which section 30121(d) of this title
applies.
(h) Exemptions.--On application of a manufacturer, the
Secretary shall exempt the manufacturer from this section if
the Secretary decides a defect or noncompliance is
inconsequential to motor vehicle safety. The Secretary may take
action under this subsection only after notice in the Federal
Register and an opportunity for any interested person to
present information, views, and arguments.
(i) Limitation on sale or lease.--
(1) If notification is required by an order under
section 30118(b) of this title or is required under
section 30118(c) of this title and the manufacturer has
provided to a dealer (including retailers of motor
vehicle equipment) notification about a new motor
vehicle or new item of replacement equipment in the
dealer's possession at the time of notification that
contains a defect related to motor vehicle safety or
does not comply with an applicable motor vehicle safety
standard prescribed under this chapter, the dealer may
sell or lease the motor vehicle or item of replacement
equipment only if--
(A) the defect or noncompliance is remedied
as required by this section before delivery
under the sale or lease; or
(B) when the notification is required by an
order under section 30118(b) of this title,
enforcement of the order is restrained or the
order is set aside in a civil action to which
section 30121(d) of this title applies.
(2) This subsection does not prohibit a dealer from
offering for sale or lease the vehicle or equipment.
(j) Prohibition on sales of replaced equipment.--No person
may sell or lease any motor vehicle equipment (including a
tire), for installation on a motor vehicle, that is the subject
of a decision under section 30118(b) or a notice required under
section 30118(c) in a condition that it may be reasonably used
for its original purpose unless--
(1) the defect or noncompliance is remedied as
required by this section before delivery under the sale
or lease; or
(2) notification of the defect or noncompliance is
required under section 30118(b) but enforcement of the
order is set aside in a civil action to which section
30121(d) applies.
* * * * * * *
Sec. 30128. Vehicle accident ejection protection
(a) In General.--The Secretary shall issue a safety standard
to reduce complete and partial ejection from passenger motor
vehicles with a gross vehicle weight rating of up to 10,000
pounds that are involved in accidents that present a risk of
occupant ejection. The reduction in such ejections shall be
based on the combined ejection-mitigation capabilities of
safety technologies, such as advanced side glazing, side
curtains, and side impact air bags.
(b) Door Lock and Retention Standard.--The Secretary shall
issue a rule to require manufacturers of new passenger motor
vehicles distributed in commerce for sale in the United States
to make such modifications to door locks, door latches, and
retention components of doors in such vehicles as the Secretary
determines to be necessary to prevent occupant ejection in
vehicle accidents.
Sec. 30129. Vehicle compatibility and aggressivity reduction standard
(a) In General.--The Secretary of Transportation, through the
National Highway Traffic Safety Administration, shall issue
safety regulations to reduce vehicle incompatibility and
aggressivity for passenger vehicles and non-passenger vehicles.
The regulations shall address bumper height, weight, and any
other characteristics necessary to ensure better management of
crash forces in multiple vehicle frontal and side impact
crashes between different types, sizes, and weights of
passenger vehicles with a gross vehicle weight of 10,000 pounds
or less in order to decrease occupant deaths and injuries.
(b) Standards.--The Secretary, through the Administration,
shall develop a standard rating metric to evaluate
compatibility and aggressivity among passenger motor vehicles.
(c) Public Information.--The Secretary, through the
Administration, shall create a public information program that
includes vehicle rating based on risks to occupants, risks to
other motorists, and combined risks by vehicle make and model.
Sec. 30130. Improved crashworthiness of passenger motor vehicles
(a) Rollovers.--
(1) In general.--The Secretary of Transportation,
through the National Highway Traffic Safety
Administration, shall prescribe a motor vehicle safety
standard under this chapter for rollover
crashworthiness standards for passenger motor vehicles
with a gross vehicle weight of not more than 10,000
pounds, using a roof strength standard based on dynamic
tests that realistically duplicate the actual forces
transmitted to a motor vehicle during an on-roof
rollover crash, that includes--
(A) dynamic roof crush standards;
(B) improved seat structure and safety belt
design, including seat belt pretensioners and
load limiters;
(C) side impact head protection airbags; and
(D) roof injury protection measures.
(2) Rollover resistance standard.--The Secretary,
through the Administration, shall prescribe a rollover
prevention standard under this chapter that includes
improvements on the basic design characteristics of
passenger motor vehicles to increase their resistance
to roll over. The Secretary shall also require
additional technologies to improve the handling of
passenger motor vehicles and thereby reduce the
likelihood of vehicle instability and rollovers.
(b) Frontal Impact Standards and Crash Tests.--
(1)In general.--The Secretary, through the
Administration, shall prescribe a motor vehicle safety
standard under this chapter to improve the protection
afforded to occupants in frontal impact crashes
involving passenger motor vehicles with a gross vehicle
weight of not more than 10,000 pounds.
(2) Test methodology.--In prescribing the standard
under paragraph (1), the Secretary shall--
(A) evaluate additional test barriers and
measurements of occupant head impact and neck
injuries; and
(B) review frontal impact criteria, including
consideration of criteria established by the
Insurance Institute for Highway Safety.
(c) Side Impact Standards and Crash Tests.--
(1)In general.--The Secretary, through the
Administration, shall prescribe a motor vehicle safety
standard under this chapter to improve the protection
afforded to occupants in side impact crashes involving
passenger motor vehicles with a gross vehicle weight of
not more than 10,000 pounds.
(2) Test methodology.--In prescribing the standard
under paragraph (1), the Secretary shall--
(A) evaluate additional test barriers and
measurements of occupant head impact and neck
injuries;
(C) consider the need for additional and new
crash test dummies that represent the full
range of occupant sizes and weights; and
(D) review side impact criteria, including
consideration of criteria established by the
Insurance Institute for Highway Safety.
PART B. COMMERCIAL
CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I. STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS
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
maintence 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 $68,750,000 for the period of
October 1, 2003, through February 29, 2004.]
(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 $186,100,000 for fiscal year 2004.
(2) Not more than $189,800,000 for fiscal year 2005.
(3) Not more than $193,600,000 for fiscal year 2006.
(4) Not more than $197,500,000 for fiscal year 2007.
(5) Not more than $201,400,000 for fiscal year 2008.
(6) Not more than $205,500,000 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 5 percent of 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. 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.
At least 80 percent of the amounts designated under
this paragraph shall be awarded to State agencies and
local government agencies.
(3) Safety-performance incentive programs.--The
Secretary may designate up to 10 percent of the amounts
available for allocation under paragraph (1) for safety
performance incentive programs for States. The
Secretary shall establish safety performance criteria
to be used to distribute incentive program funds. Such
criteria shall include, at a minimum, reduction in the
number and rate of fatal accidents involving commercial
motor vehicles. Allocations under this paragraph do not
require a matching contribution from a State.
(4) 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.
(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) $227,900,000 for fiscal year 2004;
(B) $231,200,000 for fiscal year 2005;
(C) $236,400,000 for fiscal year 2006;
(D) $242,500,000 for fiscal year 2007;
(E) $247,600,000 for fiscal year 2008; and
(F) $253,500,000 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.
(4) Of the funds authorized by paragraph (1),
$25,000,000 shall be used in each of fiscal years 2004
through 2009 for deployment of the Commercial Vehicle
Information Systems and Networks under section program
established under section 241 of the Motor Carrier
Safety Reauthorization Act of 2003.
(5) Of the funds authorized by paragraph (1),
$6,750,000 in each of fiscal years 2004 through 2009
shall be used to carry out the medical program under
section 31149.
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.]
(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.
[(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.]
(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; and
[(5) $8,333,333 for the period of October 1, 2003
through February 29, 2004.
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
222(c)(1) of the Motor Carrier Safety Reauthorization Act of
2003, 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, 2003.
[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.).
(5) Section 5 of title 41, United States Code, shall
not apply to a contract or agreement entered into under
this section.
(c) Availability of Amounts.--The amounts made available
under section 222(a) of the Motor Carrier Safety
Reauthorization Act of 2003 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 222(a) of the Motor
Carrier Safety Reauthorization Act of 2003 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
222(c)(2) of the Motor Carrier Safety Reauthorization Act of
2003, 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 222(c)(2) of the Motor Carrier Safety
Reauthorization Act of 2003 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 222(c)(2) of the Motor Carrier
Safety Reauthorization Act of 2003 to carry out this section is
a contractual obligation of the Government for payment of the
amount of the grant.
SUBCHAPTER II. LENGTH AND WIDTH LIMITATIONS
Sec. 31111. Length limitations
(a) Definitions.--In this section, the following definitions
apply:
(1) Automobile transporter.--The term ``automobile
transporter'' means any vehicle combination designed
and used specifically for the transport of assembled
highway vehicles, including truck camper units.
(2) Maxi-cube vehicle.--The term ``maxi-cube
vehicle'' means a truck tractor combined with a
semitrailer and a separable property-carrying unit
designed to be loaded and unloaded through the
semitrailer, with the length of the separable property-
carrying unit being not more than 34 feet and the
length of the vehicle combination being not more than
65 feet.
(3) Restricted property-carrying unit.--The term
``restricted property-carrying unit'' means any
trailer, semi-trailer, container, or other property-
carrying unit that is longer than 53 feet.
[(3)] (4) Truck tractor.--The term ``truck tractor''
means--
(A) a non-property-carrying power unit that
operates in combination with a semitrailer or
trailer; or
(B) a power unit that carries as property
only motor vehicles when operating in
combination with a semitrailer in transporting
motor vehicles.
(b) General limitations.--
(1) Except as provided in this section, a State may
not prescribe or enforce a regulation of commerce
that--
(A) imposes a vehicle length limitation of
less than 45 feet on a bus, of less than 48
feet on a semitrailer operating in a truck
tractor-semitrailer combination, or of less
than 28 feet on a semitrailer or trailer
operating in a truck tractor-semitrailer-
trailer combination, on any segment of the
Dwight D. Eisenhower System of Interstate and
Defense Highways (except a segment exempted
under subsection (f) of this section) and those
classes of qualifying Federal-aid Primary
System highways designated by the Secretary of
Transportation under subsection (e) of this
section;
(B) imposes an overall length limitation on a
commercial motor vehicle operating in a truck
tractor-semitrailer or truck tractor-
semitrailer-trailer combination;
[(C) has the effect of prohibiting the use of
a semitrailer or trailer of the same dimensions
as those that were in actual and lawful use in
that State on December 1, 1982;]
(C) allows operation on any segment of the
National Highway System, including the
Interstate System, of a restricted property-
carrying unit unless the operation is specified
on the list published under subsection (h);
(D) has the effect of prohibiting the use of
an existing semitrailer or trailer, of not more
than 28.5 feet in length, in a truck tractor-
semitrailer-trailer combination if the
semitrailer or trailer was operating lawfully
on December 1, 1982, within a 65-foot overall
length limit in any State; or
(E) imposes a limitation of less than 46 feet
on the distance from the kingpin to the center
of the rear axle on trailers used exclusively
or primarily in connection with motorsports
competition events.
(2) A length limitation prescribed or enforced by a
State under paragraph (1)(A) of this subsection applies
only to a semitrailer or trailer and not to a truck
tractor.
(c) Maxi-cube and vehicle combination limitations.--A State
may not prohibit a maxi-cube vehicle or a commercial motor
vehicle combination consisting of a truck tractor and 2
trailing units on any segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways (except a segment
exempted under subsection (f) of this section) and those
classes of qualifying Federal-aid Primary System highways
designated by the Secretary under subsection (e) of this
section.
(d) Exclusion of safety and energy conservation devices.--
Length calculated under this section does not include a safety
or energy conservation device the Secretary decides is
necessary for safe and efficient operation of a commercial
motor vehicle. However, such a device may not have by its
design or use the ability to carry cargo.
(e) Qualifying highways.--The Secretary by regulation shall
designate as qualifying Federal-aid Primary System highways
those highways of the Federal-aid Primary System in existence
on June 1, 1991, that can accommodate safely the applicable
vehicle lengths provided in this section.
(f) Exemptions.--
(1) If the chief executive officer of a State, after
consulting under paragraph (2) of this subsection,
decides a segment of the Dwight D. Eisenhower System of
Interstate and Defense Highways is not capable of
safely accommodating a commercial motor vehicle having
a length described in subsection (b)(1)(A) of this
section or the motor vehicle combination described in
subsection (c) of this section, the chief executive
officer may notify the Secretary of that decision and
request the Secretary to exempt that segment from
either or both provisions.
(2) Before making a decision under paragraph (1) of
this subsection, the chief executive officer shall
consult with units of local government in the State in
which the segment of the Dwight D. Eisenhower System of
Interstate and Defense Highways is located and with the
chief executive officer of any adjacent State that may
be directly affected by the exemption. As part of the
consultations, consideration shall be given to any
potential alternative route that serves the area in
which the segment is located and can safely accommodate
a commercial motor vehicle having a length described in
subsection (b)(1)(A) of this section or the motor
vehicle combination described in subsection (c) of this
section.
(3) A chief executive officer's notification under
this subsection must include specific evidence of
safety problems supporting the officer's decision and
the results of consultations about alternative routes.
(4)(A) If the Secretary decides, on request of a
chief executive officer or on the Secretary's own
initiative, a segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways is not
capable of safely accommodating a commercial motor
vehicle having a length described in subsection
(b)(1)(A) of this section or the motor vehicle
combination described in subsection (c) of this
section, the Secretary shall exempt the segment from
either or both of those provisions. Before making a
decision under this paragraph, the Secretary shall
consider any possible alternative route that serves the
area in which the segment is located.
(B) The Secretary shall make a decision about a
specific segment not later than 120 days after the date
of receipt of notification from a chief executive
officer under paragraph (1) of this subsection or the
date on which the Secretary initiates action under
subparagraph (A) of this paragraph, whichever is
applicable. If the Secretary finds the decision will
not be made in time, the Secretary immediately shall
notify Congress, giving the reasons for the delay,
information about the resources assigned, and the
projected date for the decision.
(C) Before making a decision, the Secretary shall
give an interested person notice and an opportunity for
comment. If the Secretary exempts a segment under this
subsection before the final regulations under
subsection (e) of this section are prescribed, the
Secretary shall include the exemption as part of the
final regulations. If the Secretary exempts the segment
after the final regulations are prescribed, the
Secretary shall publish the exemption as an amendment
to the final regulations.
(g) Accommodating specialized equipment.--In prescribing
regulations to carry out this section, the Secretary may make
decisions necessary to accommodate specialized equipment,
including automobile and vessel transporters and maxi-cube
vehicles.
(h) Restricted Property-Carrying Units.--
(1) Applicability of prohibition.--
(A) In general.--Notwithstanding subsection
(b)(1)(C), a restricted property-carrying unit
may continue to operate on a segment of the
National Highway System if the operation of
such unit is specified on the list published
under paragraph (2).
(B) Applicability of state laws and
regulations.--All operations specified on the
list published under paragraph (2) shall
continue to be subject to all State statutes,
regulations, limitations and conditions,
including routing-specific, commodity-specific,
and configuration-specific designations and all
other restrictions, in force on June 1, 2003.
(C) Fire-fighting units.--Subsection
(b)(1)(C) shall not apply to the operation of a
restricted property-carrying unit that is used
exclusively for fire-fighting.
(2) Listing of restricted property-carrying units.--
(A) In general.--Not later than 60 days after
the date of enactment of this subsection, the
Secretary shall initiate a proceeding to
determine and publish a list of restricted
property-carrying units that were authorized by
State officials pursuant to State statute or
regulation on June 1, 2003, and in actual and
lawful operation on a regular or periodic basis
(including seasonal operations) on or before
June 1, 2003.
(B) Limitation.--A restricted property-
carrying unit may not be included on the list
published under subparagraph (A) on the basis
that a State law or regulation could have
authorized the operation of the unit at some
prior date by permit or otherwise.
(C) Publication of final list.--Not later
than 270 days after the date of enactment of
this subsection, the Secretary shall publish a
final list of restricted property-carrying
units described in subparagraph (A).
(D) Updates.--The Secretary shall update the
list published under subparagraph (C) as
necessary to reflect new designations made to
the National Highway System.
(3) Applicability of prohibition.--The prohibition
established by subsection (b)(1)(C) shall apply to any
new designation made to the National Highway System and
remain in effect on those portions of the National
Highway System that cease to be designated as part of
the National Highway System.
(4) Limitation on statutory construction.--This
subsection does not prevent a State from further
restricting in any manner or prohibiting the operation
of a restricted property-carrying unit; except that
such restrictions or prohibitions shall be consistent
with the requirements of this section and sections
31112 through 31114.
Sec. 31112. Property-carrying unit limitation
(a) Definitions.--In this section--
(1) ``property-carrying unit'' means any part of a
commercial motor vehicle combination (except the truck
tractor) used to carry property, including a trailer, a
semitrailer, or the property-carrying section of a
single unit truck.
(2) the length of the property-carrying units of a
commercial motor vehicle combination is the length
measured from the front of the first property-carrying
unit to the rear of the last property-carrying unit.
(b) General limitations.--A State may not allow by any means
the operation, on any segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways and those classes of
qualifying Federal-aid Primary System highways designated by
the Secretary of Transportation under section 31111(e) of this
title, of any commercial motor vehicle combination (except a
vehicle or load that cannot be dismantled easily or divided
easily and that has been issued a special permit under
applicable State law) with more than one property-carrying unit
(not including the truck tractor) whose property-carrying units
are more than--
(1) the maximum combination trailer, semitrailer, or
other type of length limitation allowed by law or
regulation of that State before June 2, 1991; or
(2) the length of the property-carrying units of
those commercial motor vehicle combinations, by
specific configuration, in actual, lawful operation on
a regular or periodic basis (including continuing
seasonal operation) in that State before June 2, 1991.
(c) Special rules for Wyoming, Ohio, Alaska, and Iowa.--In
addition to the vehicles allowed under subsection (b) of this
section--
(1) Wyoming may allow the operation of additional
vehicle configurations not in actual operation on June
1, 1991, but authorized by State law not later than
November 3, 1992, if the vehicle configurations comply
with the single axle, tandem axle, and bridge formula
limits in section 127(a) of title 23 and are not more
than 117,000 pounds gross vehicle weight;
(2) Ohio may allow the operation of commercial motor
vehicle combinations with 3 property-carrying units of
28.5 feet each (not including the truck tractor) not in
actual operation on June 1, 1991, to be operated in
Ohio on the 1-mile segment of Ohio State Route 7 that
begins at and is south of exit 16 of the Ohio Turnpike;
(3) Alaska may allow the operation of commercial
motor vehicle combinations that were not in actual
operation on June 1, 1991, but were in actual operation
before July 6, 1991; and
(4) Iowa may allow the operation on Interstate Route
29 between Sioux City, Iowa, and the border between
Iowa and South Dakota or on Interstate Route 129
between Sioux City, Iowa, and the border between Iowa
and Nebraska of commercial motor vehicle combinations
with trailer length, semitrailer length, and property-
carrying unit length allowed by law or regulation and
in actual lawful operation on a regular or periodic
basis (including continued seasonal operation) in South
Dakota or Nebraska, respectively, before June 2, 1991.
(d) Additional limitations.--
(1) A commercial motor vehicle combination whose
operation in a State is not prohibited under
subsections (b) and (c) of this section may continue to
operate in the State on highways described in
subsection (b) only if at least in compliance with all
State laws, regulations, limitations, and conditions,
including routing-specific and configuration-specific
designations and all other restrictions in force in the
State on June 1, 1991. However, subject to regulations
prescribed by the Secretary under subsection (g)(2) of
this section, the State may make minor adjustments of a
temporary and emergency nature to route designations
and vehicle operating restrictions in effect on June 1,
1991, for specific safety purposes and road
construction.
(2) This section does not prevent a State from
further restricting in any way or prohibiting the
operation of any commercial motor vehicle combination
subject to this section, except that a restriction or
prohibition shall be consistent with this section and
sections 31113(a) and (b) and 31114 of this title.
(3) A State making a minor adjustment of a temporary
and emergency nature as authorized by paragraph (1) of
this subsection or further restricting or prohibiting
the operation of a commercial motor vehicle combination
as authorized by paragraph (2) of this subsection shall
advise the Secretary not later than 30 days after the
action. The Secretary shall publish a notice of the
action in the Federal Register.
(4) Nebraska may continue to allow to be operated
under paragraphs (b)(1) and (b)(2) of this section, the
State of Nebraska may allow longer combination vehicles
that were not in actual operation on June 1, 1991 to be
operated within its boundaries to transport sugar beets
from the field where such sugar beets are harvested to
storage, market, factory or stockpile or from stockpile
to storage, market or factory. This provision shall
expire on February 28, 1998.
(e) List of State length limitations.--
(1) Not later than February 16, 1992, each State
shall submit to the Secretary for publication a
complete list of State length limitations applicable to
commercial motor vehicle combinations operating in the
State on the highways described in subsection (b) of
this section. The list shall indicate the applicable
State laws and regulations associated with the length
limitations. If a State does not submit the information
as required, the Secretary shall complete and file the
information for the State.
(2) Not later than March 17, 1992, the Secretary
shall publish an interim list in the Federal Register
consisting of all information submitted under paragraph
(1) of this subsection. The Secretary shall review for
accuracy all information submitted by a State under
paragraph (1) and shall solicit and consider public
comment on the accuracy of the information.
(3) A law or regulation may not be included on the
list submitted by a State or published by the Secretary
merely because it authorized, or could have authorized,
by permit or otherwise, the operation of commercial
motor vehicle combinations not in actual operation on a
regular or periodic basis before June 2, 1991.
(4) Except as revised under this paragraph or
paragraph (5) of this subsection, the list shall be
published as final in the Federal Register not later
than June 15, 1992. In publishing the final list, the
Secretary shall make any revisions necessary to correct
inaccuracies identified under paragraph (2) of this
subsection. After publication of the final list,
commercial motor vehicle combinations prohibited under
subsection (b) of this section may not operate on the
Dwight D. Eisenhower System of Interstate and Defense
Highways and other Federal-aid Primary System highways
designated by the Secretary except as published on the
list. The list may be combined by the Secretary with
the list required under section 127(d) of title 23.
(5) On the Secretary's own motion or on request by
any person (including a State), the Secretary shall
review the list published under paragraph (4) of this
subsection. If the Secretary decides there is reason to
believe a mistake was made in the accuracy of the list,
the Secretary shall begin a proceeding to decide
whether a mistake was made. If the Secretary decides
there was a mistake, the Secretary shall publish the
correction.
(f) National Highway System.--
(1) General rule.--A State may not allow, on a
segment of the National Highway System that is not
covered under subsection (b) or (c), the operation of a
commercial motor vehicle combination (except a vehicle
or load that cannot be dismantled easily or divided
easily and that has been issued a special permit under
applicable State law) with more than 1 property-
carrying unit (not including the truck tractor) whose
property-carrying units are more than--
(A) the maximum combination trailer,
semitrailer, or other type of length limitation
allowed by law or regulation of that State on
June 1, 2003; or
(B) the length of the property-carrying units
of those commercial motor vehicle combinations,
by specific configuration, in actual and lawful
operation on a regular or periodic basis
(including continuing seasonal operation) in
that State on or before June 1, 2003.
(2) Additional limitations.--
(A) Applicability of state restrictions.--A
commercial motor vehicle combination whose
operation in a State is not prohibited under
paragraph (1) may continue to operate in the
State on highways described in paragraph (1)
only in compliance with all State laws,
regulations, limitations, and conditions,
including routing-specific and configuration-
specific designations and all other
restrictions in force in the State on June 1,
2003. Subject to regulations prescribed by the
Secretary under subsection (h), the State may
make minor adjustments of a temporary and
emergency nature to route designations and
vehicle operating restrictions in effect on
June 1, 2003, for specific safety purposes and
road construction.
(B) Additional state restrictions.--This
subsection does not prevent a State from
further restricting in any manner or
prohibiting the operation of a commercial motor
vehicle combination subject to this section,
except that such restrictions or prohibitions
shall be consistent with this section and
sections 31113(a), 31113(b), and 31114.
(C) Minor adjustments.--A State making a
minor adjustment of a temporary and emergency
nature as authorized by subparagraph (A) or
further restricting or prohibiting the
operation of a commercial motor vehicle
combination as authorized by subparagraph (B)
shall advise the Secretary not later than 30
days after the action. The Secretary shall
publish a notice of the action in the Federal
Register.
(3) List of state length limitations.--
(A) State submissions.--Not later than 60
days after the date of enactment of the Motor
Carrier Safety Reauthorization Act of 2003,
each State shall submit to the Secretary for
publication a complete list of State length
limitations applicable to commercial motor
vehicle combinations operating in the State on
the highways described in paragraph (1). The
list shall indicate the applicable State laws
and regulations associated with the length
limitations. If a State does not submit the
information as required, the Secretary shall
complete and file the information for the
State.
(B) Publication of interim list.--Not later
than 90 days after the date of enactment of the
Motor Carrier Safety Reauthorization Act of
2003, the Secretary shall publish an interim
list in the Federal Register consisting of all
information submitted under subparagraph (A).
The Secretary shall review for accuracy all
information submitted by a State under
subparagraph (A) and shall solicit and consider
public comment on the accuracy of the
information.
(C) Limitation.--A law or regulation may not
be included on the list submitted by a State or
published by the Secretary merely because it
authorized, or could have authorized, by permit
or otherwise, the operation of commercial motor
vehicle combinations not in actual operation on
a regular or periodic basis on or before June
1, 2003.
(D) Publication of final list.--Except as
revised under this subparagraph or subparagraph
(E), the list shall be published as final in
the Federal Register not later than 270 days
after the date of enactment of the Motor
Carrier Safety Reauthorization Act of 2003. In
publishing the final list, the Secretary shall
make any revisions necessary to correct
inaccuracies identified under subparagraph (B).
After publication of the final list, commercial
motor vehicle combinations prohibited under
paragraph (1) may not operate on a highway
described in paragraph (1) except as published
on the list.
(E) Inaccuracies.--On the Secretary's own
motion or on request by any person (including a
State), the Secretary shall review the list
published under subparagraph (D). If the
Secretary decides there is reason to believe a
mistake was made in the accuracy of the list,
the Secretary shall begin a proceeding to
decide whether a mistake was made. If the
Secretary decides there was a mistake, the
Secretary shall publish the correction.
[(f)] (g) Limitations on statutory construction.--This
section may not be construed--
(1) to allow the operation on any segment of the
Dwight D. Eisenhower System of Interstate and Defense
Highways of a longer combination vehicle prohibited
under section 126(e) or 127(d) of title 23;
(2) to affect in any way the operation of a
commercial motor vehicle having only one property-
carrying unit; or
(3) to affect in any way the operation in a State of
a commercial motor vehicle with more than one property-
carrying unit if the vehicle was in actual operation on
a regular or periodic basis (including seasonal
operation) in that State before June 2, 1991, (or June
1, 2003, with respect to highways described in
subsection (f)(1)) that was authorized under State law
or regulation or lawful State permit.
[(g)] (h) Regulations.--
(1) In carrying out this section only, the Secretary
shall define by regulation loads that cannot be
dismantled easily or divided easily.
(2) [Not later than June 15, 1992, the Secretary] The
Secretary shall prescribe regulations establishing
criteria for a State to follow in making minor
adjustments under subsection (d) of (f) of this
section.
SUBCHAPTER III. SAFETY REGULATION
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) List of Proposed Officers.--Each person seeking
registration as a motor carrier under section 13902 of this
title shall submit a list of the proposed officers of the motor
carrier. If the Secretary determines that any of the proposed
officers has previously engaged 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 chapter, the Secretary may deny the
person's application for registration as a motor carrier under
section 13902(a)(3).
(d) Regulations.--The Secretary shall by regulation establish
standards to implement subsections (b) and (c).
(e) Definitions.--In this section:
(1) Motor carrier.--The term motor carrier has the
meaning given the term in section 13102(12) of this
title; and
(2) Officer.--The term officer means an owner, 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.
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.
NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995
SEC. 345. EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR
VEHICLES AND THEIR OPERATORS.
[49 U.S.C. 31136 NOTE]
(a) Exemptions.--
(1) Transportation of agricultural commodities and
farm supplies.--Regulations prescribed by the Secretary
under sections 31136 and 31502 of title 49, United
States Code, 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.
(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) Drivers 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, may 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 of title 49, United States
Code, 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] Exce[t 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) of that
subsection) 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) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given the term in section
102 of the Agricultural Trade Act of 1978 (7 U.S.C.
5602).
[(5)] (4) 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.
[(3)] (5) 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)] (6) 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 of title 49, United States
Code, in a quantity requiring placarding under
regulations issued to carry out such section.
[(6)] (7) 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.
(f) Effective date.--Subsection (a) of this section shall
take effect on the 180th day following the date of the
enactment of this Act; except that paragraphs (1) and (2) of
subsection (a) shall take effect on such date of enactment.
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. 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;
(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. Medical program
(a) Medical Review Board.--
(1) Establishment and function.--The Secretary of
Transportation shall establish a Medical Review Board
to serve as an advisory committee 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 for the Federal Motor Carrier Safety
Administration.
(c) Medical Standards and Requirements.--The Secretary, with
the advice of the Medical Review Board and the chief medical
examiner, shall--
(1) establish, review, and revise--
(A) 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;
(B) requirements for periodic physical
examinations of such operators performed by
medical examiners who have received training in
physical and medical examination standards and
are listed on a national registry maintained by
the Department of Transportation; and
(C) requirements for notification of the
chief medical examiner if such an applicant or
holder--
(i) fails to meet the applicable
standards; or
(ii) is found to have a physical or
mental disability or impairment that
would interfere with the individual's
ability to operate a commercial motor
vehicle safely;
(2) require each holder of a commercial driver's
license or learner's permit to have a current valid
medical certificate;
(3) issue such certificates to such holders and
applicants who are found, upon examination, to be
physically qualified to operate a commercial motor
vehicle and to meet applicable medical standards; and
(4) 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.
(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 the examination, testing, and inspection
necessary to issue a medical certificate;
(2) may delegate to such examiners the authority to
issue such certificates; and
(3) shall remove from the registry the name of any
medical examiner that fails to meet the qualifications
established by the Secretary for being listed in the
registry.
(e) Consultation and Cooperation with FAA.--
(1) In general.--The Administrator of the Federal
Motor Carrier Safety Administration shall consult the
Administrator of the Federal Aviation Administration
with respect to examinations, the issuance of
certificates, standards, and procedures under this
section in order to take advantage of such aspects of
the Federal Aviation Administration's airman
certificate program under chapter 447 of this title as
the Administrator deems appropriate for carrying out
this section.
(2) Use of FAA-qualified examiners.--The
Administrator of the Federal Motor Carrier Safety
Administration and the Administrator of the Federal
Aviation Administration are authorized and encouraged
to execute a memorandum of understanding under which
individuals holding or applying for a commercial
driver's license or learner's permit may be examined,
for purposes of this section, by medical examiners who
are qualified to administer medical examinations for
airman certificates under chapter 447 of this title and
the regulations thereunder--
(A) until the national registry required by
subsection (d) is fully established; and
(B) to the extent that the Administrators
determine appropriate, after that registry is
established.
(f) Regulations.--The Secretary is authorized to promulgate
such regulations as may be necessary to carry out this section.
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.
CHAPTER 313. COMMERCIAL MOTOR VEHICLE OPERATORS
Sec. 31302. Commercial driver's license and learner's permits
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.] time, and may have only 1 learner's permit at any
time.
Sec. 31308. Commercial driver's license and learner's permit
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 and learner's permit
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 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).
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.]
(a) First Fiscal Year.--The Secretary of Transportation shall
withhold up to 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 up to
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 second 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
222(c)(3) of the Motor Carrier Safety Reauthorization Act of
2003, 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 in 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 directly 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 Federal
laws and regulations governing the commercial driver's license
program. 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, 2003.
(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 222(c)(3) of
the Motor Carrier Safety Reauthorization Act of 2003 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 222(c)(3)
of the Motor Carrier Safety Reauthorization Act of 2003 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
222(c)(3) of the Motor Carrier Safety Reauthorization Act of
2003 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.
PART C. INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 323. CONSUMER INFORMATION
Sec. 32310. Load capacity of light trucks
Each manufacturer of a new light duty truck manufactured
after September 30, 2005, and distributed in commerce for sale
in the United States, shall establish each year for each model
year and cause to be attached in a prominent place on each of
those trucks at least 1 label containing a statement of the
vehicle's maximum weight carrying capacity.
SUBTITLE VII. AVIATION PROGRAMS
PART A. AIR COMMERCE AND SAFETY
SUBPART IV. ENFORCEMENT AND PENALTIES
CHAPTER 463. PENALTIES
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--] 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.