[Senate Report 109-120]
[From the U.S. Government Publishing Office]
109th Congress
1st Session SENATE Report
109-120
_______________________________________________________________________
Calendar No. 192
SURFACE TRANSPORTATION SAFETY IMPROVEMENT ACT OF 2005
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1567
DATE deg.July 29, 2005.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred ninth congress
first session
TED STEVENS, Alaska, Chairman
DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona JOHN D. ROCKEFELLER IV, West
CONRAD BURNS, Montana Virginia
TRENT LOTT, Mississippi JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine BARBARA BOXER, California
GORDON H. SMITH, Oregon BILL NELSON, Florida
JOHN ENSIGN, Nevada MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire E. BENJAMIN NELSON, Nebraska
JIM DeMINT, South Carolina MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
Lisa Sutherland, Staff Director
Christine Drager Kurth, Deputy Staff Director
David Russell, Chief Counsel
Margaret Cummisky, Democratic Staff Director and Chief Counsel
Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel
Calendar No. 192
109th Congress Report
SENATE
1st Session 109-120
======================================================================
SURFACE TRANSPORTATION SAFETY IMPROVEMENT ACT OF 2005
_______
July 29, 2005.--Ordered to be printed
_______
Mr. Stevens, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1567]
The Committee on Commerce, Science, and Transportation
reports favorably an original bill to reauthorize and improve
surface transportation safety programs, and for other purposes,
and recommends that the bill joint resolution deg. do
pass.
Purpose of the Bill
The purpose of the bill is to authorize funds for fiscal
years (FYs) 2006 through 2009 for motor carrier safety
programs, highway safety programs, hazardous materials
transportation safety, oversight of household goods
transportation, and boating safety and sport fish programs.
Background and Needs
The Transportation Equity Act for the 21st Century (TEA-21)
(P.L. 105-178) expired on September 30, 2003. The Senate
Committee on Commerce, Science, and Transportation (the
Committee) has jurisdiction over many surface transportation
safety programs under TEA-21, including the National Highway
Traffic Safety Administration (NHTSA) and its programs, the
Federal Motor Carrier Safety Administration (FMCSA), and
boating safety and sport fish programs. In addition, the
Committee bill addresses the transportation of hazardous
materials and oversight of the interstate transportation of
household goods.
The Committee bill incorporates a number of provisions from
the Administration's reauthorization proposal, the Safe,
Accountable, Flexible and Efficient Transportation Equity Act
of 2003 (SAFETEA), along with many additional provisions.
Overall, the Committee's proposal is designed to improve safety
on our nation's roads and waterways, strengthen Federal
passenger, truck, and bus safety programs, provide greater
consumer protections for household goods movements, and promote
the safe shipment of hazardous materials.
Summary of Provisions
TITLE I--MOTOR CARRIER SAFETY
The purpose of this title is to improve the safety of the
trucking and intercity bus industries. These safety programs
are administered by the Federal Motor Carrier Safety
Administration (FMCSA), which was established by Congress in
1999. Major provisions include:
Motor Carrier Safety Assistance Program (MCSAP).--MCSAP is
reauthorized for the years 2006 through 2009 at an average
annual funding level of $200 million, more than twice the TEA-
21 level, and consistent with the Administration's
reauthorization proposal. This program makes grants to States
for the enforcement of motor carrier safety rules and
regulations.
Commercial Driver's License (CDL) Modernization.--The CDL
program is designed to ensure that only safe and qualified
drivers operate commercial motor vehicles (CMV) and provides
the primary method for tracking truck and bus drivers to
determine if they have a pattern of traffic or safety
violations that would indicate they are unsafe drivers.
However, the computer system used to track CDL information,
known as the Commercial Driver's License Information System
(CDLIS), is out of date and needs to be updated. The bill
includes $20 million to update the system.
Single State Registration System (SSRS).--SSRS is a
commercial vehicle registration system dating back to the days
of the economic regulation of the trucking industry.
Eliminating SSRS has been attempted for many years, but doing
so has been difficult because some States derive significant
revenue from the program. The bill would replace the existing
outdated system that requires truckers to register in multiple
States, with a system that requires truckers to register in
only one State. The registration fees would be redistributed to
States in a way that would ensure that States don't lose
current revenues derived from SSRS.
Medical Program.--In response to concerns regarding the
quality of the current medical certificate program for CMV
drivers, the bill would establish a Medical Review Board to
recommend standards for the physical examinations of commercial
drivers and a registry for qualified medical examiners. Medical
examiners who perform the exams are required to receive
training in such standards to be listed on the registry.
Roadability.--For many years there has been a dispute about
who should be responsible for the safety of truck trailers,
known as ``intermodal chassis'', owned by the railroad and
steamship companies, but that are hauled by tractors owned by
trucking companies. At the center of this dispute are trucking
industry concerns regarding safety violations and fines for
unsafe trailers they pick up at rail yards or ports. The bill
contains provisions that would delineate responsibility for
safety among the various parties.
TITLE II--HIGHWAY AND VEHICULAR SAFETY
The purpose of this title is to support highway safety
programs designed to reduce deaths and injuries resulting from
motor vehicle crashes. These programs are administered by NHTSA
which was established by the Highway Safety Act of 1970. Major
provisions include:
STATE GRANT PROGRAMS
State and Community Highway Safety Grant Program.--This
program is reauthorized for FYs 2006 through 2009 at an average
annual funding level of $231 million, a 50 percent increase
from the TEA-21 level. These grants, allocated according to a
formula, fund States' safety programs, such as safety belts;
drunk driving prevention; motorcycle; pedestrian and bicycle
safety; emergency medical services; traffic law enforcement;
and roadway safety.
Occupant Protection Incentive Grants.--This program would be
funded at an average annual level of $154 million. The program
would grant money to States that enact a new primary seat belt
law and to States that have already enacted a primary seat belt
law. States that have already enacted a primary seat belt law
would receive a one-time grant over the life of the bill equal
to 250 percent of their FY 2003 grant from section 402 of title
23, United States Code. States that enact a primary seat belt
law after December 31, 2002 would receive a one-time grant over
the life of the bill equal to 500 percent of their FY 2003
grant from section 402 of title 23, United States Code. Most of
this grant money may be used for highway safety construction
purposes.
Impaired Driving.--This program would be reauthorized for FYs
2006 through 2009 at an average annual funding level of $132
million. States can qualify for a grant by enacting four out of
the following seven criteria in FY 2006 and FY 2007, and by
enacting five out of the following seven criteria in FY 2008
and FY 2009. States may choose from the following menu of
policy options: (1) impaired driving check points and
saturation patrols; (2) outreach to judges and prosecutors to
improve prosecution of drunk driving cases; (3) create an
information system for government use that tracks drunk driving
arrests and convictions; (4) reduce for two years in a row the
percentage of fatally-injured drivers with a blood alcohol
content of 0.08 percent; (5) a program that returns State and
local fines collected for drunk driving offenses back into
drunk driving prevention programs; (6) enact a law that creates
greater penalties for drivers convicted of driving with a blood
alcohol content of 0.15 percent or higher; and (7) create
specialized courts for handling only impaired driving cases.
The ten States with the highest rate of impaired driving
fatalities would automatically qualify for a grant, and could
double their grant by meeting the criteria above.
Highway Research and Development Program.--This program is
reauthorized for FYs 2006 through 2009 at an average annual
funding level of $142 million. These programs focus on the
research and development of safety countermeasures related to
impaired driving, occupant protection, traffic law enforcement
and criminal justice, licensing, motorcycle safety, pedestrian
safety, bicycle safety, teen drivers, and emergency medical
services. This section also would provide $24 million a year to
NHTSA to launch national advertising campaigns to increase seat
belt use and reduce drunk driving during holiday periods.
State Traffic Safety Information System Improvements.--This
is a new discretionary grant program, funded at a $45 million
level each of FYs 2006 through 2009, to encourage States to
improve their traffic records systems by increasing the
efficiency and uniformity of data collection and access through
upgrading data collection systems. The purpose is to develop a
more accurate data base of vehicle crash characteristics that
will allow traffic safety professionals to better identify
traffic safety problems, and develop effective countermeasures
on a more timely basis.
Grants for Improving Child Passenger Safety Programs.--Would
authorize grants to States to implement Anton's Law, which is
aimed at increasing the use of booster seats for small
children.
Motorcyclist Safety Training.--Would provide grants to States
for motorcyclist training programs.
VEHICLE SAFETY IMPROVEMENTS
This section requires NHTSA to issue rulemakings to improve
the safety of passenger automobiles.
Vehicle Rollover and Prevention.--The bill would require the
Department to issue a comprehensive set of rules to reduce
death and injuries caused by passenger vehicle rollovers. The
rules must reduce rollovers by using new technologies, reduce
ejections of passengers from vehicles that do rollover, and
protect occupants in rollover accidents. The bill includes
deadlines for issuing such rules.
Vehicle Compatibility Enhancement.--Would require NHTSA to
issue a rulemaking by 2008 that would require automobiles to
better protect passengers in a side-impact crash, and to
conduct a study of front-impact crashes within one year.
Vehicle Backover Avoidance Technology Study.--Would require
NHTSA to study technologies for automobiles that would reduce
injuries and deaths caused by cars and trucks backing up.
Vehicle Backover Data Collection.--Would require NHTSA to
conduct a study of non-traffic crashes, with the focus on
persons injured or killed due to a car backing up. NHTSA
currently does not collect this data on a regular basis because
these injuries and deaths occur in private driveways and
parking lots, not on public streets where data is currently
collected.
Safety Belt Use Reminders.--Would repeal existing law that
limits audible seat belt reminders to no more than eight
seconds. Automakers have asked for new flexibility to
experiment with new seat belt reminder systems.
Power Window Switches.--Would require NHTSA to issue a
rulemaking by April 2007 in which power windows in automobiles
not in excess of 10,000 pounds must have switches that would
raise the window only when the switch is pulled up or out.
Amendment to the Automobile Information Disclosure Act.--
Would require automobile safety ``star'' ratings compiled by
NHTSA's New Car Assessment Program (NCAP) to be placed on the
window sticker of new automobiles in a similar manner to the
gas mileage information.
TITLE III--HAZARDOUS MATERIALS TRANSPORTATION SAFETY
The purpose of this title is to improve the safety and
security of the transportation of hazardous materials. The
Pipeline and Hazardous Materials Safety Administration (PHMSA)
is responsible for administering hazardous materials (hazmat)
transportation programs, whose authorization expired September
30, 1998. In the aftermath of recent hazmat accidents in South
Carolina and several other States, reauthorization of this
program has become increasingly important. Major provisions
include:
Authorization and Registration Fees.--The bill would
authorize $25 million in FY 2005, $29 million in FY 2006, and
$30 million for each of FY 2007 through 2009.
Planning and Training Grants.--The bill would increase safety
and security by increasing the amount of money available for
community planning and training grants. PHMSA would fully fund
planning and training grants and States would be permitted to
flex some of their planning money to training programs. In
addition, the bill provides additional funds for hazmat
employee ``train the trainer'' grants and allows these grants,
at the Secretary's discretion, to be used to train private
sector employees directly who handle hazmat.
Shipping Papers.--Shipping papers are documents that
accompany a hazmat shipment and contain critical safety
information. The Department of Transportation highlighted to
the Committee that shippers are often the focus of their
investigations of certain types of hazmat violations and that
present retention requirements for shipping papers are
inadequate for enforcement purposes. The bill would require
shippers to keep their shipping papers for three years in order
to facilitate the investigate of past violations and continues
to require carriers to retain their shipping papers for the
current one year period.
Hazardous Materials Endorsement Background Checks.--The bill
would require Mexican and Canadian commercial motor vehicle
operators transporting hazmat in the U.S. to undergo a
background check similar to that given to a U.S. licensed
operator. Additionally, the bill improves procedures for hazmat
background checks to eliminate redundancy, improve
notification, and ensure due process and provides for a study
of the current capacity to perform background checks.
Operation Respond.--The bill would authorize $5 million for
FYs 2005 through 2009 for the Operation Respond Emergency
Information System to improve the real time delivery of
information about hazmat in transportation to first responders.
Cargo Inspections.--The Secretary of Transportation would be
authorized to establish a program of random inspections to
determine the extent to which undeclared hazmat is transported
in commerce through U.S. points of entry.
Mailability.--The bill would prohibit hazardous materials in
the mail unless specifically authorized by law or Postal
Service regulation. It also would allow the Postal Service to
collect civil penalties, and to recover clean-up costs and
damages, for violations of this provision.
Sanitary Foods.--The bill would streamline Federal
responsibilities for ensuring the safety of food shipments.
Primary responsibility would be transferred from DOT to the
Department of Health and Human Services (HHS), which would set
practices to be followed by shippers, carriers, and others
engaged in food transport. Highway and railroad safety
inspectors would be trained to spot threats to food safety and
to report possible contamination.
Cargo Inspection Program.--The bill would authorize the
Secretary of Transportation to establish a program of random
inspections to determine the extent to which undeclared HAZMAT
is transported in commerce through U.S. points of entry.
Hazmat Cooperative Research Program.--The bill would create a
HAZMAT research cooperative through the National Academy of
Sciences' Transportation Research Board.
Rail Tank Car Improvements.--The bill would require the
Federal Railroad Administration (FRA) to validate a predictive
model for certain rail tank car standards; initiate a
rulemaking on standards and complete an analysis of the impact
resistance of steel used in pressurized tank cars built before
1989; and, require railroads to improve inspection procedures
for continuous welded rail track and the identification of
cracks in rail joint bars.
TITLE IV--HOUSEHOLD GOODS
The purpose of this title is to provide greater protection to
consumers entrusting their belongings to a moving company. The
oversight of the interstate household goods moving industry is
the responsibility of the Federal Motor Carrier Safety
Administration (FMCSA). FMCSA is tasked with issuing
regulations, conducting oversight activities, and taking
enforcement actions on consumer complaints, which have averaged
about 3,000 per year since 2001.
Enforcement of Regulations.--The legislation would allow a
State authority that enforces State consumer protection laws,
and State Attorneys General, to enforce Federal laws and
regulations with respect to the transportation of household
goods in interstate commerce.
Civil and Criminal Penalties.--The bill would authorize a
penalty, of not less than $10,000, for a broker who provides an
estimate to a shipper before entering into an agreement with a
carrier to move the shipper's goods. This will discourage
brokers from providing unreasonably low estimates to
unsuspecting shippers. A $10,000 penalty, a 24-month suspension
of registration, and up to 5 years imprisonment would also be
authorized for failure to give up possession of a shipper's
household goods.
Registration Requirements.--The Secretary would be authorized
to register a person to provide transportation of household
goods only after that person met certain requirements. In
addition, the bill authorizes a penalty, of not less than
$25,000, for carriers and brokers who transport household goods
but do not register with DOT.
Payment of Rates.--The legislation would codify existing
regulations that require a carrier to give up possession of
household goods provided the shipper pays the mover 100 percent
of a binding estimate of the charges or 110 percent of a non-
binding estimate of the charges. The bill would permit a
carrier to charge only a prorated amount for the partial
delivery of a shipment which is partially lost or damaged, and
limits the amount of impracticable charges that must be paid at
the time of delivery.
Carrier Liability.--The bill would establish that a carrier
is liable for the entire pre-determined total value of goods
shipped unless otherwise authorized by the shipper. The current
standard liability is 60 cents per pound.
Consumer Information.--The Secretary would be directed to
modify existing regulations to require a carrier's or broker's
website to provide certain information. In addition, the
Secretary would be required to establish a system and database
for complaints and solicitation of State information regarding
the number and type of complaints about a carrier.
TITLE V--AQUATIC RESOURCES TRUST FUND (ARTF) REAUTHORIZATION
In conjunction with the extensions of the motorboat fuel,
fishing equipment excise, and other tax and trust fund
authorizations, this title would reauthorize through 2020 the
Boat Safety and Sport Fish Restoration programs of the Aquatic
Resources Trust Fund (commonly called the Wallop-Breaux Trust
Fund) which are directly funded from these revenues, eliminate
the two separate Boat Safety and Sport Fish restoration
accounts in the trust fund, and rename the trust fund as the
Sport Fish Restoration and Boating Trust Fund.
The Sport Fish Restoration and Boat Safety accounts are the
two primary components of the Wallop-Breaux Trust Fund which
were brought together in 1984, under the Wallop-Breaux
Amendments to the Deficit Reduction Act of 1984, most recently
reauthorized in 1998 under TEA-21, and temporarily extended by
several provisions enacted during the 108th Congress. This fund
also funds other smaller programs including the Coastal
Wetlands and Boating Access accounts.
Under current law, the Sport Fishing account, along with the
Coastal Wetlands and Boating Access accounts, is funded on a
percentage basis of incoming tax revenues, while the Boat
Safety account receives a fixed annual amount. This legislative
construct has effectively capped the amount authorized for Boat
Safety while the overall fund continues to grow with gas tax
revenue increases. This, in turn, has created a funding
disparity between the Trust Fund accounts which increases
annually.
Under the reported title, all of the Wallop-Breaux Trust Fund
programs except those for administration and multi-State grants
would annually receive a set percentage of the total revenues.
Sport Fish Restoration would be set at 57 percent, Boating
Safety at 18.5 percent, Coastal Wetlands at 18.5 percent, Clean
Vessel Act programs at 2 percent, Boating Infrastructure at 2
percent, National Outreach and Communications at 2 percent,
multi-State grants at $3 million, and fund management at $9
million. Under this new formula, Boating Safety funding would
increase significantly. Anticipated gas tax revenues increases
into the Trust Fund and a dissolution of the current boating
safety account would prevent funding reductions in other
programs.
This title also would correct the funding inequities that
exist under the current authorization, allow all the Wallop-
Breaux programs to share in future revenue growth, and provide
a permanent appropriation and a significant increase in Boating
Safety funding. Additionally, it would change the Boating
Safety Grant matching requirements for States from a 2:1 ratio
to a 3:1 ratio, the same as for Sport Fish Restoration grants.
Legislative History
In the 108th Congress, the Senate passed S.1072, the Safe,
Accountable, Flexible, and Efficient Transportation Equity Act
of 2004 (SAFETEA). This bill, based in part on the
Administration's original SAFETEA proposal, contained an
amendment from the Commerce Committee reauthorizing the
programs within the Committee's jurisdiction. However, disputes
over funding levels for the highway and mass transit
infrastructure programs stalled last year's bill in conference
committee, necessitating reconsideration this year. The current
TEA-21 safety programs continue to operate under short-term
extensions.
In the 109th Congress, the Senate continued its work on a
highway reauthorization bill. On April 5, 2005, the Senate
Subcommittee on Surface Transportation and Merchant Marine held
a hearing on highway, motor carrier, and hazardous materials
transportation safety and transportation of household goods. On
April 14, 2005, the Committee held a mark up hearing and
considered an original highway reauthorization bill. During
consideration of this bill there were no votes taken and no
amendments were adopted. It was ordered reported favorably by
unanimous consent.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
April 26, 2005.
Hon. Ted Stevens,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for the Surface
Transportation Safety Improvement Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lisa Driskill
(for federal costs), Marjorie Miller (for the state and local
impact), and Jean Talarico (for the private-sector).
Sincerely,
Douglas Holtz-Eakin.
Enclosure.
Surface Transportation Safety Improvement Act of 2005
Summary: CBO estimates that implementing the Surface
Transportation Safety Improvements Act of 2005 would cost $5.5
billion over the 2006-2010 period, assuming appropriation
action consistent with the bill. We further estimate that
enacting the bill would increase direct spending by about $40
million over the same period and by about $100 million through
fiscal year 2015. Finally, CBO estimates that enacting this
legislation would increase revenues by $1 million a year over
the next 10 years.
The bill would extend the authority for programs
administered by the National Highway Traffic Safety
Administration (NHTSA), the Federal Motor Carrier Safety
Administration and certain hazardous material transportation
programs. For such programs, the bill would authorize the
appropriation of $927 million over the 2006-2010 period. The
bill also would provide about $2.9 billion in contract
authority (the authority to incur obligations in advance of
appropriations) over the 2006-2009 period for highway traffic
safety programs and $2 billion in contract authority over the
same period for motor carrier safety programs.
Consistent with the Balanced Budget and Emergency Deficit
Control Act, CBO assumes that the contract authority for these
highway traffic and motor carrier safety programs would
continue at the same rate provided immediately before the
programs expire in 2009. Therefore, this estimate includes an
additional $550 million in contract authority in each year over
the 2010-2015 period.
Title V would make the balances in the boat safety account
of the Aquatic Resources Trust Fund (ARTF) available to be
spent without further appropriation. Spending of amounts in
that account are currently subject to appropriation. We
estimate that making balances in the boat safety account
available without appropriation would increase direct spending
by $8 million in fiscal year 2006, by $76 million over the
2006-2010 period, and by $97 million over the 2006-2015 period.
(New spending from the Crime Victims Fund would account for
additional direct spending of between $500,000 and $1 million a
year over the next 10 years, stemming from increased revenues
for new criminal penalties.)
This bill contains intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that
the costs of those mandates would fall significantly below the
threshold established by that act ($62 million in 2005,
adjusted annually for inflation). The remaining provisions of
the bill would benefit states by reauthorizing existing grant
programs and creating new grant programs. Any costs to states
to participate in those programs would be incurred voluntarily.
The bill contains numerous mandates as defined in UMRA that
would affect private-sector entities in the transportation
industry--manufacturers of motor vehicles, motor carriers,
shippers and carriers of hazardous materials, and businesses
involved in the transportation of household goods. CBO cannot
determine whether the aggregate cost of the private-sector
mandates in the bill would exceed the annual threshold
established in UMRA ($123 million in 2005, adjusted annually
for inflation) because some of the requirements established by
the bill would hinge on future regulatory action, about which
information is not available.
Estimated Cost to the Federal Government: The estimated
budgetary impact this legislation is summarized in Table 1. The
costs of this legislation fall within budget functions 300
(natural resources and environment) and 400 (transportation).
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted by May 30, 2005, the date the
current authorization for safety programs expires. We also
assume appropriation action consistent with the authorization
and contract authority levels in the bill. Estimates of outlays
are based on historical spending patterns of similar existing
programs.
TABLE 1. SUMMARY OF ESTIMATED BUDGETARY EFFECTS OF THE SURFACE TRANSPORTATION SAFETY IMPROVEMENT ACT OF 2005
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------
2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................. 207 211 224 239 46
Estimated Outlays............................................. 709 1,258 1,373 1,485 679
CHANGES IN DIRECT SPENDING
Estimated Budget Authority.................................... 494 515 537 563 569
Estimated Outlays............................................. 9 -10 5 18 20
CHANGES IN REVENUES
Estimated Revenues............................................ 1 1 1 1 1
----------------------------------------------------------------------------------------------------------------
Spending subject to appropriation
CBO estimates that the bill would authorize the
appropriation of $927 million for highway traffic, motor
carrier, and hazmat safety programs over the 2006-2010 period.
Over the same period, the bill would provide $4.9 billion in
contract authority for certain highway traffic and motor
carrier safety programs. In addition, the bill also would
require the Department of Transportation (DOT) to complete
various studies and periodic evaluations of state highway
safety programs. Assuming appropriation action consistent with
the authorizations and contract authority specified in the bill
and assuming appropriation of amounts necessary to complete
studies and program evaluations, CBO estimates that
implementing these provisions would cost $5.5 billion over the
2006-2010 period (see Table 2).
Highway Traffic Safety Programs. The legislation would
provide about $2.9 billion in contract authority for highway
traffic safety programs over the 2006-2009 period. In addition,
the bill would authorize the appropriation of $744 million over
this period. Under current law, all spending on highway traffic
safety programs is considered discretionary because it is
controlled by annual limitations on obligations set in
appropriations acts. For this estimate, CBO assumes that
appropriation action will continue to limit spending on these
programs. We estimate that implementing these provisions of the
bill would cost about $3.4 billion over the 2006-2010 period.
Section 222 would require NHTSA to perform periodic
management reviews of state highway safety programs. CBO
estimates that conducting the studies and periodic evaluations
of state transportation safety programs would cost about $2
million every three years.
TABLE 2. ESTIMATED CHANGES IN SPENDING SUBJECT TO APPROPRIATION UNDER THE SURFACE TRANSPORTATION SAFETY
IMPROVEMENT ACT OF 2005
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------
2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Highway Traffic Safety Programs:
Estimated Authorization Level \1\............................. 174 173 186 201 9
Estimated Outlays............................................. 432 726 829 929 477
Motor Carrier Safety Programs:
Estimated Authorization Level................................. 1 1 1 1 1
Estimated Outlays............................................. 255 496 508 519 165
Hazmat Safety Programs:
Estimated Authorization Level................................. 32 37 37 37 37
Estimated Outlays............................................. 22 35 37 37 37
Total Changes:
Estimated Authorization Level................................. 207 211 224 239 46
Estimated Outlays............................................. 709 1,258 1,373 1,485 679
----------------------------------------------------------------------------------------------------------------
\1\ Under current law, most budget authority for highway traffic and motor carrier safety programs is provided
as contract authority, a mandatory form of budget authority. Outlays from these programs, however, are subject
to obligation limitations contained in appropriation acts and are therefore discretionary. The bill would
provide contract authority for many of these safe'' programs, but for certain highway traffic safety programs,
it also would authorize the appropriation of discretionary funds.
Motor Carrier Safety Programs. The bill would provide about
$2 billion in contract authority for motor carrier safety
programs over the 2006-2009 period. In addition, the bill would
authorize the appropriation of $4 million over this period for
program outreach and education efforts. Under current law, all
spending on motor carrier safety programs is considered
discretionary because it is controlled by annual limitations on
obligations set in appropriations acts. For this estimate, CBO
assumes appropriation action will continue to limit spending on
these programs. We estimate that implementing these provisions
of the bill would cost about $1.9 billion over the 2006-2010
period.
Hazmat Safety Programs. The bill would authorize the
appropriation of $180 million for hazmat safety programs over
the 2006-2010 period. CBO estimates that implementing this
provision would cost $168 million over that period. The bill
also would require the department to assess the impact of
federal laws and regulations on people who decide against
transporting hazardous materials. CBO estimates that this study
would cost less than $500,000 in fiscal year 2006.
Direct spending and revenues
Table 3 summarizes the estimated effects on direct spending
and revenues. The bill would provide contract authority for
certain highway traffic and motor carrier safety programs;
however, CBO assumes that the outlays for these programs would
continue to be controlled by appropriation action and therefore
would be discretionary.
The bill also would make funds available without further
appropriation for boat safety and sport fish restoration
programs. Additionally, it would make certain changes to
emergency preparedness fees and grants, and we estimate that
those provisions would reduce direct spending by $41 million
over the 2005-2006 period and increase such spending by an
equal amount in subsequent years. Other changes under the bill
would have a net negligible effect on the budget, such as
establishing a new federal program for registering motor
carrier operators and authorizing the collection and spending
of fees for modernizing the commercial driver's license
information system.
The bill would increase certain civil and criminal
penalties as well as establish new penalties. CBO estimates
that these provisions would increase revenues by about $10
million over the 2006-2015 period and would increase direct
spending by about half that amount over the same period.
TABLE 3.--ESTIMATED EFFECTS ON DIRECT SPENDING AND REVENUES UNDER THE SURFACE TRANSPORTATION SAFETY IMPROVEMENT
ACT OF 2005
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Baseline Spending for Safety
Transportation Programs:
Estimated Budget Authority.. 721 721 721 721 721 721 721 721 721 721
Estimated Outlays........... 0 0 0 0 0 0 0 0 0 0
Proposed Changes:
Highway Traffic Safety
Programs:
Estimated Budget 402 417 434 452 452 452 452 452 452 452
Authority..............
Estimated Outlays....... 0 0 0 0 0 0 0 0 0 0
Motor Carrier Safety
Programs:
Estimated Budget 63 75 85 98 98 98 98 98 98 98
Authority..............
Estimated Outlays....... 0 0 0 0 0 0 0 0 0 0
Spending of Boat Safety
Balances:
Estimated Budget 28 22 17 12 18 0 0 0 0 0
Authority..............
Estimated Outlays....... 8 15 19 17 17 11 6 2 1 1
Hazmat Safety Programs:
Estimated Budget 0 0 0 0 0 0 0 0 0 0
Authority..............
Estimated Outlays....... 0 -26 -15 0 2 7 12 11 5 4
Crime Victims Fund:
Estimated Budget 1 1 1 1 1 1 1 1 1 1
Authority..............
Estimated Outlays....... 1 1 1 1 1 1 1 1 1 1
Total Changes:
Estimated Budget 494 515 537 563 569 551 551 551 551 551
Authority..........
Estimated Outlays... 9 -10 5 18 20 19 19 14 7 6
Direct Spending Under the Bill
for Safety Programs:
Estimated Budget Authority.. 1,215 1,236 1,258 1,284 1,290 1,272 1,272 1,272 1,272 1,272
Estimated Outlays........... 9 -10 5 18 20 19 19 14 7 6
CHANGES IN REVENUES
Estimated Revenues.............. 1 1 1 1 1 1 1 1 1 1
----------------------------------------------------------------------------------------------------------------
Highway Traffic and Motor Carrier Programs. CBO's current
baseline projects an annual level of contract authority for all
highway traffic and motor carrier safety programs of $721
million. Over the 2006-2009 period, the bill would provide
about $2 billion in contract authority above the baseline
level.
The Balanced Budget and Emergency Deficit Control Act
specifies that an expiring mandatory program with current-year
outlays in excess of $50 million be assumed to continue at the
program level in place when it is scheduled to expire.
Following this assumption, CBO projects that, under this
legislation, $550 million in contract authority would be
available for those safety programs each year beginning in 2010
above the current baseline level.
Thus, over the 2006-2015 period, CBO estimates that the
bill would provide $4.4 billion of contract authority above
baseline assumptions for Highway Safety Programs and about $0.9
billion more for Motor Carrier Safety Programs.
Spending of Balances in the Boat Safety Account. Title V
would make available without further appropriation balances of
the boat safety account of the ARTF. Under the bill, the
current fund balance of $92 million and $5 million of interest
that would be earned after the legislation's enactment would be
made available in specified amounts over the 2006-2010 period.
Such amounts would be distributed to the U.S. Coast Guard and
the U.S. Fish and Wildlife Service for boat safety and sport
fish restoration programs carried out under the Dingell-Johnson
Sport Fish Restoration Act. CBO estimates that enacting this
provision would increase direct spending by $8 million in
fiscal year 2006 and by $97 million over the 2006-2015 period.
Hazmat Safety Programs. Under current law, DOT collects
fees from shippers and carriers of hazardous materials. The
department also provides grants to emergency responders for
training and planning activities related to the transportation
of hazardous materials. CBO estimates that DOT will collect and
spend $14 million each year over the 2006-2015 period for this
activity. The bill would increase that amount to $28 million
each year; however, because the department is likely to collect
the increase in fees at a different rate than it will spend the
increase, CBO estimates those changes would decrease direct
spending by $41 million over the 2007-2008 period and then
increase direct spending by the same amount over the 2009-2015
period. In total, CBO estimates that the net impact of changes
to the fees and grants would not be significant over the next
10 years.
Registration of Motor Carriers. In addition to providing
contract authority for the motor carrier safety programs, the
bill would establish a new federal program for registering
operators of motor carriers. Under this program, each state
would collect fees from motorcarrier operators and provide
those fees to the federal government. The federal government would use
the fees to provide grants to states for improving the safety of motor
carriers. CBO estimates the federal government would collect and spend
between $25 million and $30 million each year under the new program;
however, because the government is likely to spend the grants very
quickly, CBO estimates the net budgetary impact of establishing this
program would not be significant in any year.
Modernization of the Commercial Driver's License
Information System. The bill would allow the Department of
Transportation to collect and spend certain fees for
modernizing the commercial driver's license information system.
Currently, such fees are collected by the American Association
of Motor Vehicle Administrators on behalf of DOT and spent by
that organization for such purposes. Starting in 2007, the bill
would allow that any fees collected in excess of the costs of
operating the commercial driver's license system would be
transferred to the DOT and spent on the modernization plan
outlined in the bill. CBO expects that such collections and
spending could amount to a few million per year and would have
a negligible net effect on the budget.
Revenues and the Crime Victims Fund. The bill would raise
the maximum civil and criminal penalty amounts imposed on
individuals for violations of certain regulations relating to
motor carriers, movers of household goods, and transportation
of hazardous materials. In addition, the bill would establish
several new civil and criminal penalties for various other
transportation safety violations. In total, CBO estimates that
doing so would increase governmental receipts by $1 million in
2006 and about $10 million over the 2006-2015 period. Half of
these amounts would result from civil penalties, and half would
result from criminal penalties. Collections of civil penalties
are recorded in the budget as revenues. Criminal penalties are
recorded as revenues then deposited in the Crime Victims Fund
and later spent, thus the net impact on the budget in each year
would be negligible.
Estimated impact on state, local, and tribal governments:
This bill contains several intergovernmental mandates as
defined in UMRA. Although CBO cannot determine the exact cost
of all of the mandates in the bill, we estimate that their
aggregate costs would fall significantly below the threshold
established by that act ($62 million in 2005, adjusted annually
for inflation).
Intergovernmental mandates
Unified Carrier Registration System. Federal law currently
prohibits states from taxing all motor carriers, other than
agricultural or private motor carriers, unless they participate
in the Single State Registration System (SSRS)--a mandate as
defined by UMRA. This bill would terminate the SSRS and replace
it with the Unified Carrier Registration System (UCR), an
online system under which states would continue to collect
information required by the federal government and in turn
collect fees from covered motor carriers. While this change
would not be a new mandate, it would affect the cost of
complying with the existing mandate.
The costs incurred by states to administer and enforce
federal registration systems would increase somewhat because
the UCR would encompass private and agricultural carriers--
classes of carriers now exempt from federal registration and
financial responsibility standards. On balance, though, CBO
expects that states would incur little additional costs and
would benefit from efficiencies generated by the online system,
particularly after the initial years.
The addition of private and agricultural carriers also
would preempt the limited authority states now have to register
and tax these motor carriers outside of a federal registration
system. According to state and industry sources, however,
states collect only a minimal amount of revenue from these
carriers, so losses resulting from this preemption would be
small.
CBO assumes that the proposed new system would result in
collections at least equal to the amount currently collected by
states participating in SSRS. Further, the new fee structure
would provide a minimum amount of administrative revenue to any
newly participating state.
In addition, according to the Federal Motor Carrier Safety
Administration, the Secretary may require states to collect
certain federal fees from motor carriers. Under current law,
motor carriers pay a registration fee to the federal government
for operating authority. The administration uses those fees to
fund various motor carrier grant programs for the states. Under
this unified registration system, states would forward those
collections, approximately $25 million to $30 million to the
federal government.
Finally, the proposed system would preempt states'
authority to require commercial vehicles to display certain
forms of identification in addition to those required by DOT.
CBO estimates that this preemption would not affect state
budgets because, while it would limit the application of state
standards to commercial motor vehicles, it would impose no duty
on states that would result in additional spending.
Commercial Driver Learner's Permit. Section 152 would
expand an existing mandate that requires states' commercial
driver's license programs to comply with federal standards. The
section would require states to issue learner's permits for
commercial drivers. According to state sources, most states
already issue such permits, although some of them issue them in
a paper format that would have to be upgraded under the bill's
requirements. CBO estimates that the current system in most
states would meet the requirements of the bill, however, so
additional costs would not be large. Furthermore, newly
permitting states would likely recover a significant portion of
their costs through fees.
Vehicles purchased by Schools. Section 259 would impose a
new intergovernmental mandate by prohibiting schools from
purchasing, renting, or leasing IS-passenger vehicles to
transport students unless those vehicles comply with standards
prescribed for school buses. This mandate would not impose
significant additional costs on state, local, or tribal
governments, because it is substantially the same as a
requirement now imposed on dealers that sell vehicles to
schools. The new requirement would apply to purchases of new
and used vehicles, however, while the existing requirement
applies only to new vehicles.
Other Mandates. The bill includes other provisions that
would preempt state regulation of motor carriers and licensing
of commercial motor vehicle operators. It would broaden an
existing federal preemption of state laws and regulations
governing commercial motor vehicle safety, and another
concerning transportation of property. It also would give the
federal government the authority to overrule a state action to
deny a hazardous materials endorsement to a commercial driver's
license. These preemptions generally would impose no duties on
state, local, or tribal governments that would result in
additional costs.
Other impacts
The bill contains many other provisions that would impose
new conditions for receiving federal assistance or new
requirements for participating in voluntary federal programs.
Any additional costs to states from these provisions would be
incurred voluntarily. States that participate in federal
programs to enforce commercial motor vehicle and highway safety
regulations receive various forms of federal assistance to do
so, including grants from the Motor Carrier Safety Assistance
Program and other monies from the Highway Trust Fund. This bill
would reauthorize those grant programs.
Etimated Impact on the private sector: The bill contains
numerous mandates as defined in UMRA that would affect private-
sector entities in the transportation industry--manufacturers
of motor vehicles, motor carriers, shippers and carriers of
hazardous materials, and businesses involved in the
transportation of household goods. CBO cannot determine whether
the aggregate cost of the private-sector mandates in the bill
would exceed the annual threshold established in UMRA ($123
million in 2005, adjusted annually for inflation) because some
of the requirements established by the bill would hinge on
future regulatory action, about which information is not
available.
Safety standards for motor vehicles
The bill would impose numerous mandates addressing motor
vehicle safety. Provisions in the bill affecting safety
standards include three mandates with small costs, three with
undetermined costs because the costs would depend on future
rulemaking, and one potential mandate that would depend on a
determination by the Secretary of Transportation.
Safety Labeling Requirement. Section 257 would require that
automobile manufacturers add a safety rating regarding impact
crash and rollover resistance tests under the New Car
Assessment Program on the label that they currently affix to
the automobile. According to industry representatives, the
incremental cost to add this information to the label would be
minimal.
Power Window Switches. Section 258 would require that the
Department of Transportation upgrade its standards to require
that power windows in motor vehicles weighing not more than
10,000 pounds have switches that raise the window only when the
switch is pulled up or out. According to government and
industry representatives, several major vehicle manufacturers
currently use the push-pull switches across all or part of
their model line, therefore, CBO estimates that the cost to
comply with this mandate would be small.
Vehicles Purchased by Schools. Section 259 would prohibit a
school from purchasing, renting, or leasing 15-passenger
vehicles to transport students unless those vehicles comply
with standards prescribed for school buses. Under current law,
a dealer can sell a vehicle to a school only if it complies
with standards for school buses. The new requirement would
apply to purchases of new and used vehicles, however, while the
existing requirement applies only to new vehicles. CBO
estimates that the cost to private schools to comply with this
mandate would not be great since it is the same requirement
currently imposed on dealers.
The cost to comply with the following two mandates would
depend on the details of future regulations:
Vehicle Rollover and Crash Mitigation. Section 251
would require manufacturers of new passenger motor vehicles
sold in the United States with a gross vehicle weight of up to
10,000 pounds to comply with regulations that the Secretary
determines are necessary to reduce the death and injuries
caused by passenger vehicle rollovers. The rules must reduce
rollovers by using new technologies, reduce ejections of
passengers from vehicles that do rollover, and protect
occupants in rollover accidents.
Side-Impact Crash Protection. Section 252 would
require manufacturers of automobiles to comply with standards
designed to enhance passenger motor vehicle occupant
protection, in all seating positions, in side impact crashes.
Safety Belt Use Reminders. Section 256 would allow NHTSA to
require a safety belt use reminder. According to NHTSA's
publication, ``Initiatives to Address Safety Belt Use,'' issued
in July 2003, the agency currently encourages manufacturers to
voluntarily install enhanced safety belt reminder systems on
all vehicles and would continue to do so under the bill. If
enough manufacturers do not install such systems voluntarily,
however, NHTSA could issue a rule making the requirement
mandatory. Currently, more than half of the new vehicles have
some type of enhancement to encourage the use of seat belts. If
the Secretary determines that it is necessary to mandate the
installation of such technologies, CBO estimates that the
incremental cost to the manufacturers could range from $2
million to $24 million annually. The incremental cost to the
industry would depend on the number of vehicles not in
compliance at the time such a rule went into effect.
New requirements for private motor carriers
Unified Carrier Registration (UCR). Under Section 134,
private motor carriers and exempt motor carriers would be
required to pay a new federal registration fee under the UCR. A
private carrier is a person who is the owner of the property
being transported for a commercial enterprise that includes
manufacturers, distributors, and retailers. Exempt carriers are
those operating only in specific urban areas, carrying
agricultural products, and intermodal carriers. Currently, only
for-hire carriers (persons providing motor vehicle
transportation for compensation) pay a federal registration
fee. Based on government and industry sources, CBO estimates
that the private and exempt motor carriers would be required to
pay $20 million annually beginning in 2007.
Financial Responsibility for Private Motor Carriers.
Section 112 would require private motor carriers to file the
same evidence of financial responsibility that is required for
for-hire carriers. According to industry sources, most private
motor carriers already meet the financial responsibility
requirements in this section. CBO expects that the costs of
this private-sector mandate would not be great.
Intermodal equipment safety regulations
Section 127 would require the Secretary of Transportation
to make safety regulations for intermodal equipment that would
be included under the regulations of the Federal Motor Carrier
Safety Administration. Intermodal equipment refers to the
trailers and container chassis used to haul cargo from one mode
of transportation to another. Under the regulations, providers
of intermodal equipment would be identified and matched with
their equipment by unique identifying numbers. In addition,
providers would be required to inspect, repair, and maintain
certain intermodal equipment and keep repair and maintenance
records. Currently, motor carriers are responsible for the
condition of intermodal equipment while it is being used on the
highway. The safety regulations described in this section would
transfer that responsibility to the provider and would regulate
equipment maintenance, which would impose a private-sector
mandate on providers of intermodal equipment. The incremental
costs to the industry would consist of the cost of applying the
numbers for providers, the administrative costs of
recordkeeping, and any additional costs of complying with the
safety regulations to be set under the bill. CBO has no basis
for estimating the costs of complying with the new safety
standards.
Requirements for transporters and shippers of hazardous materials
Section 329 would increase registration fees on persons
transporting (or causing to be transported in commerce) certain
hazardous material. CBO estimates that the increase in those
fees for carriers and shippers of hazardous materials would be
$15 million annually for 2006 through 2008 and $13 million for
2009.
Section 330 would require shippers of hazardous material to
retain shipping papers or an electronic format of those papers
for three years with the paper or electronic format to be
accessible through the shipper's principal place of business
during that period. Shipping papers must accompany each
hazardous material's package and they contain information about
the materials being transported, emergency contact numbers, and
the shipper's certification. Currently, shippers are required
to retain the shipping paper or electronic image for one year.
CBO estimates that the direct cost to retain such information
for two additional years would be minimal.
Household goods transportation reform
The bill also would impose private-sector mandates related
to consumer protection on persons engaged in the transportation
of household goods in interstate or foreign commerce. Based on
information from government sources, CBO estimates that the
costs of those mandates would be small. The bill would require
that movers:
Supply customers with the DOT publication, ``Ready
to Move?'' at the time that a written estimate is provided;
Conduct a visual inspection of the household goods
to be transported and provide a revised written estimate if the
estimated charges are different from an earlier nonbinding
written estimate that was done without a visual inspection;
Comply with additional requirements for
registration, including providing DOT with written evidence of
participation in an arbitration program, identifying their
tariff and providing a copy of the notice of the availability
of that tariff for inspection, and providing evidence of their
knowledge of and compliance with regulations related to
consumer protection; and
Disclose information regarding business
relationships with any other motor carrier, freight forwarder,
or broker of household goods within the previous three years of
the time of disclosure.
Estimate Prepared by: Federal Spending: Lisa Cash Driskill
and Deborah Reis. Federal Revenues: Annabelle Bartsch. Impact
on State, Local, and Tribal Governments: Marjorie Miller.
Impact on the Private Sector: Jean Talarico, Selena Caldera,
Craig Cammarata, and Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In compliance with subsection (b)(2) of paragraph 11 of rule
XXVI of the Standing Rules of the Senate, the Committee states
that, in its opinion, it is necessary to dispense with the
requirements of paragraph (1) of that subsection in order to
expedite the business of the Senate.
Section-by-Section Analysis
Section 1. Short title
This section established that this Act may be cited as the
``Surface Transportation Safety Improvement Act of 2005''.
Section 2. Amendment of United States Code
Unless otherwise stated, amendments made by this Act are to
title 49, United States Code. Also, amendments in subtitle A of
title II of this Act are to title 23, United States Code,
unless otherwise stated.
Section 3. Table of contents
This section includes the table of contents.
TITLE I--MOTOR CARRIER SAFETY
SUBTITLE A--MOTOR CARRIERS
Section 101. Short title
This section establishes that this title may be referred to
as the ``Motor Carrier Safety Reauthorization Act of 2005''.
Section 102. Contract authority
The section would create contract authority to fund the motor
carrier safety programs, including the administrative expenses
of FMCSA.
Section 103. Authorization of appropriations
This section would authorize the following appropriations
from the Highway Trust Fund for FMCSA safety programs
(excluding MCSAP) for FYs 2006 through 2009.
For administrative expenses of the Federal Motor Carrier
Safety Administration:
FY 2006 $211,400,000
FY 2007 $217,500,000
FY 2008 $222,600,000
FY 2009 $228,500,000
Border Enforcement Grants:
FY 2006 $33,000,000
FY 2007 $34,000,000
FY 2008 $35,000,000
FY 2009 $36,000,000
$4,000,000 for each of FYs 2006 through 2009 for the
performance and registration information system management
grant program.
Commercial driver's license and driver improvement program
grants:
FY 2006 $23,000,000
FY 2007 $23,000,000
FY 2008 $24,000,000
FY 2009 $25,000,000
$25,000,000 for each of FYs 2006 through 2009 for carrying
out the commercial vehicle information systems and networks
deployment program.
CDLIS Modernization
FY 2006 $2,000,000
FY 2007 $6,000,000
FY 2008 $6,000,000
FY 2009 $6,000,000
The amounts made available under the Highway Trust Fund are
to remain available until expended.
Section 104. High risk carrier compliance reviews
This section would provide funds for the Secretary to
complete compliance reviews on motor carriers that pose the
highest safety risk. At a minimum, these compliance reviews
will be conducted whenever a motor carrier is rated at a
category A or B for 2 consecutive months.
Section 105. Overdue reports, studies, and rulemakings
The section would require the Secretary to submit a schedule
for the completion of several outstanding reports, studies and
rulemaking proceedings to Congress within 6 months of
enactment. Every 6 months after the initial report, until all
outstanding reports, studies, and rulemakings are submitted,
the Secretary shall submit a revised schedule of completion,
indicating the progress made. The section also would require
FMCSA to issue a report on the status of five other projects to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure within 12 months following enactment.
Section 106. Amendments to the listed reports, studies and rulemaking
proceedings
This section would require the Secretary to require that a
safety audit be immediately changed to a compliance review and
appropriate actions be taken if there are any safety violations
by a new motor carrier entrant. It also would ensure that the
Secretary enforces Federal motor carrier safety regulations
that apply to interstate CMVs designed to transport between 9
to 15 passengers, regardless of distance traveled.
Section 107. Motor carrier safety grants
This section provides language that would ensure that
inspections of motor carriers of passengers are conducted at
stations, terminals, border crossings, or maintenance
facilities, except in the case of an imminent or obvious
hazard. It would provide that a State's training manual for the
licensing examination to drive a motor vehicle will include
information on best practices for driving safely in the
vicinity of motor vehicles. It also provides that a State must
suspend the operation of any vehicle found to be operating
without registration or beyond the scope of its registration.
This section would make funds available for activities
carried out in conjunction with an appropriate inspection of a
CMV to enforce Federal or State regulations, including
regulating commercial motor vehicle size and weight limitations
at locations other than fixed weight facilities, at ports, or
at other specific locations and for the detection of the
unlawful presence of a controlled substance in a commercial
motor vehicle or on any occupant of the vehicle. These grants
are also for enforcement of State traffic laws and regulations
designed for the safe operation of commercial motor vehicles.
The Secretary may allocate new entrant motor carrier audit
funds to States and local governments without requiring a
matching contribution from such States or local governments.
This section authorizes the following amounts from the
Highway Trust Fund to carry out section 31102:
2006 $193,620,000
2007 $197,490,000
2008 $201,440,000
2009 $205,470,000
Up to $15,000,000 for each of FYs 2006 through 2009 of MCSAP
grant funds could be set aside for high priority activities
that improve commercial motor vehicle safety and are national
in scope. The section would require that a least 80 percent of
funds set aside for high priority projects be awarded to State
and local agencies. Although DOT has broad discretion to
determine the details of the program, the Secretary would be
required, at a minimum, to focus on reductions in the number
and rate of fatal accidents involving CMVs. The Secretary is
also required to designate up to $29,000,000 for audits of new
entrant motor carriers and can withhold these funds from a
State or local government that is unable to use government
employees to conduct these audits. Should they be unable to do
so, the Secretary would be authorized, but not required, to
expend the funds directly to carry out new entrant audits in
those jurisdictions. The Secretary may also designate
$2,000,000 in FY 2006 and up to $6,000,000 for FY 2007 through
2009 for the modernization of the commercial driver's license
information system.
This section also would clarify that funds provided for
border enforcement grants are to go to States that share a
border with another country. Grant recipients could not use
Federal funds to replace State funds. As a condition of
receiving a border enforcement grant, States would be required
to maintain their own expenditures at a level at least equal to
the average level of expenditure by the State for the two years
before October 1, 2005.
Section 108. Technical corrections
Subsection (a) would amend the Hobbs Act to make clear that
all safety statutes are subject to exclusive review by the U.S.
Courts of Appeal.
Section 109. Penalty for denial of access to records
FMCSA investigators have broad authority to inspect and copy
motor carrier and shipper records and most carriers and
shippers readily grant access to requested records. Some,
however, deliberately impede the investigative process by
refusing to set an audit date, or, after setting a date, by
ordering investigators off the premises, occasionally with a
show of force. Others take a more subtle approach, feigning
illness or declaring an emergency during the audit, pleading
inability to produce records because of the absence of key
personnel, or delivering documents at a pace designed to
prolong the audit beyond the time available to the
investigator. While investigators can issue an administrative
subpoena for documents, refusal to comply requires the agency
to file an action in Federal court to enforce the subpoena.
This process, though effective, is relatively slow and labor-
intensive, and the cost to a carrier or shipper who does not
seriously contest the action is minimal. This section would
create a financial penalty to dissuade uncooperative carriers
and shippers from denying or impeding FMCSA's legitimate access
to records.
Section 110. Medical program
Section 110 would create a five-member Medical Review Board
to provide FMCSA medical advice and recommendations on driver
qualification medical standards and guidelines, medical
examiner education, and medical research. The Secretary, with
the advice of the Medical Review Board, would be required to
develop medical standards for CMV drivers, requirements for
periodic physical examinations, requirements for current valid
medical certificates, courses for medical examiners,
requirements for the electronic transmittal of applicant and
numerical identifiers for any completed medical examination
report, and to periodically review a representative sample of
the medical examinations reports. Every CMV driver would be
required to have a current valid medical certificate. A
national registry of medical examiners would be established and
only physicians listed on the registry could perform CMV driver
physical exams and issue medical certificates.
Section 111. Operation of commercial motor vehicles by individuals who
use insulin to treat diabetes mellitus
This section would require the Secretary to issue a final
rule that will allow individuals who use insulin to treat their
diabetes to operate a CMV in interstate commerce. The final
rule may not require that an individual have experience
operating a CMV while using insulin. However, the Secretary may
require a minimum period of insulin use, consistent with the
findings of FMCSA's expert medical panel made in July, 2000.
Section 112. Financial responsibility for private motor carriers
The section would extend to private motor carriers the
existing requirement for for-hire motor carriers to maintain
minimum levels of financial responsibility to cover public
liability and property damage for the transportation of
passengers or goods. The Secretary may require private carriers
to file the same evidence of financial responsibility that is
required of for-hire carriers.
Section 113. Increased penalties for out-of-service violations and
false records
The civil penalties for recordkeeping violations are $500 for
each day the offense continues, up to a maximum of $5,000, or
$5,000 for each recordkeeping violation that can be shown to
have misrepresented a fact constituting a non-recordkeeping
violation. Subsection (a) would double these penalties to up to
$1,000 for each day the offense continues, or up to $10,000 for
an offense that misrepresents a non-recordkeeping violation.
Recordkeeping violations frequently have no other purpose than
to conceal a safety violation, and they often succeed. Higher
penalties should reduce both the number of recordkeeping
violations and, indirectly, the number of safety violations as
well. The current penalties for a driver who violates an out-
of-service (OOS) order are, for a first offense, a 90-day
disqualification from operating a CMV and a civil penalty of at
least $1,000 and for a second offense, disqualification for one
to five years and a civil penalty of at least $1,000. An
employer who knowingly allows or requires a driver to violate
an OOS order is subject to a civil penalty of up to $10,000.
OOS orders can be issued for a variety of reasons: for failure
to pay civil penalties on schedule; for having an
unsatisfactory safety rating; for violating the agency's hours-
of-service or equipment regulations; or because the motor
carrier constitutes an imminent hazard. Enforcement officers
cannot afford to spend hours monitoring a single OOS vehicle,
and tracking possible movements of an entire OOS fleet is even
more difficult. As a result, many OOS orders are violated. One
effective deterrent to violating an OOS order is to raise the
cost to violators. Subsection (b) would increase to a maximum
of $25,000 the civil penalty for a motor carrier that knowingly
orders a driver to proceed despite an OOS order. An employer
who knowingly and willfully ignores OOS orders is liable to
imprisonment for up to a year or a fine of up to $100,000 if
the violation did not result in death, or up to $250,000 if it
did result in death, or both. The section also would increase
penalties for drivers who decide on their own to ignore an OOS
order. Subsection (b) would increase a driver's penalty for a
first offense to a 180-day disqualification and a civil penalty
of at least $2,500, and, for a second offense, to a two to five
year disqualification and a civil penalty of up to $5,000.
Section 114. Intrastate operations of interstate motor carriers
As defined in 49 U.S.C. 31132(1), a vehicle is not a CMV
unless it operates in interstate commerce. One of the
implications of the definition is that the Secretary's
authority to determine the safety fitness of CMV owners and
operators encompasses the accident and safety inspection record
of such companies or individuals on interstate trips, but not
on intrastate trips. Most interstate motor carriers also have
substantial intrastate operations. For safety purposes, it is
artificial and counterproductive to create two classes of
accidents and safety inspection data--one subject to Federal
jurisdiction, the other not--when both classes typically
involve the same vehicles, drivers, dispatchers, mechanics, and
safety management controls, and may be involved in the same
kind of accidents or violations. In examining a motor carrier's
accident and inspection data, it is often difficult, and
sometimes impossible, to determine whether the vehicle involved
was making an interstate or intrastate trip. This has produced
significant variation and potential for inaccuracy in the
accident rates and Motor Carrier Safety Status Measurement
System scores calculated for motor carriers, and thus in DOT's
ability to hold all carriers to the same standard. In order to
simplify and rationalize the analysis of accident data and
provide a more complete picture of the safety of motor carrier
operations, subsection (a) would require the Secretary, in the
course of determining the safety fitness of CMV owners and
operators, to consider the accident and inspection record of
such owners and operators both on interstate and intrastate
trips. In addition, owners and operators of CMVs who are
determined to be unfit and prohibited from operating in
interstate commerce also would be prohibited from operating
CMVs in intrastate commerce until they are able to demonstrate
their fitness. There is no good reason to allow an unfit
interstate carrier to narrow its operations to a single State,
and thus visit its safety deficiencies upon the residents of
that State alone. Finally, the Secretary would be directed to
place all interstate operations of a motor carrier out of
service if a State has placed out of service the intrastate
operations of a carrier that has its principal place of
business in that State. A Federal safety determination that an
interstate motor carrier is unfit would thus halt both its
interstate and intrastate operations, while a State safety
determination that an intrastate carrier is unfit will halt
both its intrastate and any interstate operations.
Section 115. Authority to stop commercial motor vehicles
The section would authorize FMCSA officials to order trucks
on the road to stop for inspection. Today, State MCSAP
officers, but not FMCSA officials, have such authority. With
the opening of the Mexican border, however, Federal inspectors
will play an expanded role in roadside enforcement. In
addition, there is no guarantee that State or local police
officers will always be available at border facilities or at
other vehicle inspection facilities throughout the nation to
order trucks to stop for an FMCSA inspection.
Section 116. Revocation of operating authority
This section would authorize the Secretary to suspend the
registration of a motor carrier, a freight forwarder, or a
broker for failing to comply with safety regulations
established by the Secretary. In addition, the Secretary would
be required to revoke the registration of a motor carrier that
has failed to comply with Federal safety fitness requirements.
The Secretary also would be required to revoke the registration
of a motor carrier whose operations are an imminent hazard to
public health or property. In order to suspend or revoke a
registration, the Secretary must give prior notice to the
registrant.
Section 117. Pattern of safety violations by motor carrier management
Some motor carrier managers order, encourage, or tolerate
widespread regulatory violations. When caught, these managers
sometimes declare bankruptcy, rename the motor carrier,
reshuffle the managers' titles, sell its assets to a pre-
existing shell corporation owned and managed by the same
people, or otherwise attempt to evade the payment of civil
penalties, obscure the identity of the motor carrier and thus
its safety record. Although the total number of such managers
is small, their actions create a risk disproportionate to their
numbers. The section would address these problems by
authorizing the Secretary to suspend, amend, or revoke the
registration of a for hire motor carrier if any of its officers
has engaged in a pattern or practice of avoiding compliance, or
concealing non-compliance, with Federal motor carrier safety
standards. In this context, ``officer'' means owner, director,
chief executive officer, chief operating officer, chief
financial officer, safety director, vehicle maintenance
supervisor, and driver supervisor of a motor carrier. This
provision would not apply to all motor carrier officers whose
companies are found to be in violation of the Federal safety
rules. Rather, it is intended to authorize the Secretary to
force out of the industry only those few motor carrier officers
who have shown unusual and repeated disregard for safety
compliance. It is expected that the Secretary would use this
authority only in the most serious cases.
Section 118. Motor carrier research and technology program
This section would establish a motor carrier research and
technology program. The goal is to support, through contracts,
cooperative agreements, and grants, research designed to
produce innovative advances in motor carrier, driver, and
passenger safety. Equally critical, however, would be the
transfer of promising results, whether technical or
operational, to potential users and rapid deployment of the
fruits of research and development. The Federal share of the
cost of activities carried out under a cooperative research and
development agreement will not exceed 50 percent, except when
there is substantial public interest or benefit, as determined
by the Secretary. Research, development, or use of a technology
under a cooperative research and development agreement,
including the terms under which the technology may be licensed
and the resulting royalties may be distributed, would be
subject to the Stevenson-Wydler Technology Innovation Act of
1980.
Section 119. International cooperation
Section 239 would authorize the Secretary to participate in
international activities to enhance motor carrier safety. FMCSA
needs this authority to aid in implementing the North American
Free Trade Agreement (NAFTA) and to carry on discussions with
U.S. trading partners concerning a variety of safety issues.
Section 120. Performance and registration information system management
The Performance and Registration Information System
Management Program (PRISM) is a voluntary program in which
States can participate to identify motor carriers and hold them
responsible for the safety of their operations. The program
includes two major processes: a commercial vehicle registration
process, through which States ensure that no vehicle is plated
without identifying the carrier responsible for the vehicle's
safety during the registration year, and a motor carrier safety
improvement process, designed to improve the safety performance
of motor carriers with demonstrated poor safety performance. As
of March 2004, 27 States participated in the PRISM program,
also the States of Alaska and New York have provided the FMCSA
with a Letter of Intent to implement the PRISM program. PRISM
is an effective enforcement tool that enables the States to
deny, suspend, or revoke a motor carrier's commercial motor
vehicle registrations when FMCSA determines that the carrier
has become unfit to operate CMVs safely. By itself, an out-of-
service (OOS) order from FMCSA sometimes has little effect.
However, when the State simultaneously confiscates the motor
carrier's CMV license plates, the carrier's ability to continue
operating without detection is greatly reduced. Grants to
implement PRISM would be authorized by section 103 of the bill.
This section would establish in statute certain requirements
for participation in the program. In order to participate,
States would have to comply with uniform standards set by the
Secretary and have the legal authority to impose CMV
registration sanctions on the basis of a Federal safety fitness
determination. Another condition for participation in the
program would be that States cancel the motor vehicle
registration, and seize the plates, of an employer who
knowingly allows an employee to operate a CMV in violation of
an OOS order.
Section 121. Commercial vehicle information systems and networks
deployment
This section would provide States grants to complete core
deployment of the Commercial Vehicle Information Systems and
Networks program (CVISN). The purpose of this program is to
provide technological advances in commercial vehicle
operations. ``Core deployment'' means the deployment of systems
necessary to provide safety information exchange to
electronically collect and transmit commercial vehicle and
driver inspection data at a majority of inspection sites; to
connect to the Safety and Fitness Electronic Records (SAFER)
system for access to interstate carrier and commercial vehicle
data, summaries of past safety performance, and commercial
vehicle credentials information; and to exchange carrier data
and commercial vehicle safety and credentials information
within the State and connect to SAFER for access to interstate
carrier and commercial vehicle data.
Section 122. Outreach and education
The section would authorize FMCSA and NHTSA to undertake
outreach and education initiatives. The ``Share the Road
Safely'' program would be jointly managed by the agencies and a
total of $1 million would be authorized for the program for FY
2004.
Section 123. Foreign commercial motor vehicles
In response to concerns raised by the Department of
Transportation's Inspector General regarding foreign commercial
motor vehicles operating beyond their operating authority, this
section would require FMCSA to provide outreach and training to
ensure that States are properly enforcing operating authority
requirements for foreign commercial vehicles. Additionally,
this section would require a study of whether current or future
Canadian and Mexican truck fleets that operate or are expected
to operate in the United States meet U.S. truck safety
standards. The Committee is concerned that some foreign
commercial motor vehicles operating in the United States might
not appreciably meet certain U.S. vehicle safety standards
required upon manufacture of the vehicle. However, because the
current system of identifying compliance with such standards is
not used by foreign commercial motor vehicles and similar
safety standards in other nations are not identical to U.S.
standards, the present state of compliance with U.S. standards
is unclear. The Committee expects the study to address these
questions and serve as the basis for later consideration of
this issue.
Section 124. Pre-employment safety screening
This section would require the Secretary of Transportation to
provide electronic access of commercial motor vehicle accident
report information and all driver safety violations contained
in the Motor Carrier Management Information System to companies
conducting pre-employment screening services for the motor
carrier industry. The information released to these companies
will require the written consent of the driver applicant, be in
accordance with all Federal laws, and will ensure the
information is only made available to an authorized company or
individual. The use of this pre-screening process is not
mandatory and may be used only during the pre-employment
assessment of a driver-applicant.
Section 125. Office of intermodalism
This section would allow the Director of the Office of
Intermodalism to use funds made available for grants to the
States under section 5504 of Title 49, United States Code to
provide technical assistance for intermodal data collection.
The section also instructs the Director to develop a plan to
improve the national intermodal transportation system and
report on such improvements. Additionally, the section requires
that the Director, in conjunction with the Director of the
Bureau of Transportation Statistics, develop common measures to
compare transportation investments across modes and to
formulate new methodology for measuring the impacts of
intermodal transportation.
Section 126. Decals
This section would require that the Commercial Vehicle Safety
Alliance (CVSA) shall not restrict the sale of commercial motor
vehicle safety inspection decals to FMCSA if FMCSA continues to
abide by the agreement it has with CVSA to the extent possible
in accordance with the law. CVSA and FMCSA have a long-standing
and successful partnership in ensuring the safety of commercial
motor vehicles. A recent dispute regarding safety inspection
decals between the two entities suggests that processes for
resolving disputes should be improved. While the Committee
expects FMCSA to live up to its commitments with CVSA, the
Committee also believes that inspection decals should not be
unilaterally withheld from the Federal agency responsible for
ensuring motor carrier safety.
Section 127. Roadability
This section would require the Secretary, not later than 1
year after enactment, to issue regulations establishing a
program to ensure that intermodal equipment used to transport
intermodal containers is safe and systematically maintained.
This language is generally consistent with a private sector
agreement on intermodal equipment interchanged between
railroads, steamship lines and trucking companies. This section
places the maintenance responsibility on the companies that
provide the equipment and control the daily disposition of it.
It would require the Secretary to promulgate regulations
identifying intermodal equipment providers responsible for the
inspection and maintenance of intermodal equipment and matching
intermodal equipment to the equipment provider through a unique
identifying number. A rulemaking proceeding for regulations
under this section shall be established within 120 days after
enactment of this Act.
Under this section, any intermodal equipment that fails to
comply with applicable safety regulations may be placed out of
service and the Secretary, or his designee, may inspect
intermodal equipment and copy related maintenance and repair
records. This section of the bill preempts any law, regulation,
order or other requirement of a State, political subdivision of
a State, or tribal organization.
This section defines the terms ``intermodal equipment'',
``intermodal equipment interchange agreement'', ``intermodal
equipment provider'', and ``interchange''.
Section 128. Motor carrier regulations
This section would cause the regulations regarding maximum
driving and on-duty time for drivers used by motor carriers not
to apply, during planting and harvesting periods as determined
by the States, to drivers transporting agricultural commodities
or farm supplies for agricultural purposes, if the
transportation is limited to an area within a 100 mile radius
from the source of the commodities or the distribution site for
the farm supplies. This section also provides a definition for
the terms ``agricultural commodity'' and ``farm supplies''. The
section would also clarify the regulations regarding commercial
motor vehicles providing transportation of property or
passengers to or from a theatrical or television motion picture
production and also for utility service vehicles.
SUBTITLE B--UNIFIED CARRIER REGISTRATION
Section 131. Short title
The subtitle may be cited as the ``Unified Carrier
Registration Act of 2005''.
Section 132. Relationship to other laws
The section would clarify that the subtitle is not intended
to prohibit a State from enacting or enforcing any law or
regulation with respect to motor carriers that is not otherwise
prohibited by law.
Section 133. Inclusion of motor private and exempt carriers
This section would amend 49 U.S.C. 13905 to define
``registration'' for purposes of the Unified Carrier
Registration System (UCRS) and the UCRS Plan and Agreement as
the filing by a carrier of a MCS Form 150 to obtain a DOT
identification number. The definition would apply to those
carriers who have obtained operating authority from the FMCSA,
as well as those carriers exempt from the provisions of that
chapter, such as intermodal carriers, transporters of
agricultural products, private carriers, freight forwarders,
brokers, and leasing companies. Although not affecting the
levels or types of insurance required by private or for-hire
carriers, the section extends the requirement to file evidence
of financial responsibility in the amounts currently required
by 49 U.S.C. 31138 and 31139 to all ``registered'' carriers. It
does not affect the levels or types of insurance required by
registered carriers. The section also would require the
Secretary to prescribe the form of evidence that will be
required of motor private carriers.
Section 134. Unified carrier registration system
This section would direct the Secretary, in cooperation with
States and industry representatives, to develop a single, on-
line system, within one year following enactment, containing
all records of motor carriers registered with DOT, including
their safety data, DOT identification number, (which will be
replacing the MC number for all motor carriers), evidence of
financial responsibility, and the service of process agents.
Federal and State agencies, carriers, shippers and the public
would have access to the system. The UCRS would replace the
SSRS. The section also would require the Secretary to adopt
procedures enabling a carrier to correct any erroneous data
contained anywhere in the UCRS and sets the parameters for a
fee system with respect to the filing and retrieval of
information from the UCRS. The fee for a new registrant would
be required as early as possible to cover the costs of
processing the registration and conducting the safety audit or
examination, if required, but could not exceed $300. The fee
for filing evidence of financial responsibility could not
exceed $10 per filing.
Section 135. Registration of motor carriers by States
The section would make it an unreasonable burden on
interstate commerce for any State or political subdivision to
impose, enact, or enforce any requirement or levy any fee on
for-hire and private interstate motor carriers for: (1)
registering the carrier's interstate operations with a State,
(2) filing evidence of financial responsibility with a State,
(3) filing the name of the local agent for service of process
with a State, or (4) renewing intrastate authority, insurance
filings, or other filing requirements if the carrier is
registered with FMCSA and in compliance with other applicable
State laws. Item (4) would not apply to certain carrier
operations that are specifically exempted from preemption
provisions, such as purely intrastate bus operations,
intrastate transportation of household goods, non-consensual
towing, and the transportation of waste and recyclables. The
section would preserve the exemption for interstate carriers
from State sales taxes and other fees if a State provides such
an exemption to intrastate carriers. The section would not
limit State fuel taxes or vehicle registration fees. The
section also would establish a 15-member Board of Directors
comprised of the Secretary of Transportation, representatives
of participating States, and representatives of the trucking
industry to govern the new program. The Board would be required
to develop the rules and regulations that will govern UCRS and
submit the rules and regulations to the Secretary for approval.
States wishing to participate in UCRS would be required to
submit a plan to the Secretary, within three years following
enactment, identifying the State agency that will administer
UCRS and containing assurances that an amount at least equal to
the revenue derived from UCRS will be devoted to motor carrier
safety. States declining to participate would lose the right to
share in UCRS revenues. UCRS fees would be determined by the
UCRS Board of Directors with the approval of the Secretary and
be based on the size of a carrier's commercial vehicle fleet.
At least four, but no more than six, ranges of fleet size could
be established by the Board for purposes of the fee structure.
Brokers, non-vehicle operating freight forwarders, and leasing
companies would pay the fee established for smallest carrier
fleet. The level of fees could be adjusted if the revenues are
deficient or exceed those needed to cover the systems cost and
the revenues to which the States are entitled. Fees would be
paid to the carrier's base-State, generally the State in which
the carrier maintains its principal place of business. States
that currently participate in the SSRS and choose to
participate in UCRS would be guaranteed the revenues they
derived from SSRS during the last fiscal year ending prior to
enactment of this Act. States that did not participate in SSRS
but opt to join UCRS would be entitled to annual revenues of
not more than $500,000. The UCRS Board of Directors would
determine the amount of UCRS revenues to which a State is
entitled, with the approval of the Secretary. Each
participating State would be entitled to retain funds
equivalent to the revenues to which it is entitled. Excess
funds would be deposited in a designated repository for
distribution on a pro rata basis to those States which do not
collect the full amount of the revenues to which they are
entitled. Remaining funds would be used to offset the cost of
the operation of UCRS. Any remaining funds after distribution
to the States and payment of costs would be held in the
repository and the next year's fees would be reduced
accordingly. The section would allow the Secretary to request
the Attorney General to bring a civil action to enforce the
terms of the Plan and Agreement, including injunctive relief.
States could impose fines and other penalties against any party
that does not submit the required information or pay the
required fees. States would be prohibited from requiring a
carrier from having any indicia or other document as evidence
of compliance. Finally, the section would allow a State to
elect to apply the UCRS to carriers that operate solely in
intrastate commerce.
Section 136. Identification of vehicles
Section 136 would prohibit a State or political subdivision
from requiring a motor carrier, motor private carrier, or
freight forwarder to display any additional form of
identification on or in a commercial vehicle. The prohibition
would not apply to credentials required under the International
Registration Plan or the International Fuel Tax Agreement, or
in connection with Federal hazardous materials regulations or
Federal vehicle inspection standards.
Section 137. Use of UCR agreement revenues as matching funds
UCRS revenues may be used to meet a State's match for MCSAP
funds.
SUBTITLE C--COMMERCIAL DRIVER'S LICENSES
Section 151. CDL task force
This section would require the Secretary to convene a task
force to study and report on the need for improvements to the
CDL program in order to improve safety. The task force would be
required to address such issues as State enforcement practices,
operational procedures to detect and deter fraud, needed
improvements for seamless information-sharing between States,
updated technology, and timely notification from judicial
bodies of traffic and criminal convictions involving CDL
holders. The task force would be required to submit a report to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure within two years following enactment.
Section 152. CDL learner's permit program
Pursuant to recommendations made by the DOT Inspector
General, this section would require that individuals pass a
written test to obtain a CMV license learner's permit.
Learner's permits would be incorporated into the CDLIS
database.
Section 153. Grants to States for commercial driver's license
improvements
This section would allow the Secretary to make a grant to a
State to improve the implementation of the commercial driver's
license program, providing that the State is making a good
faith effort toward substantial compliance with the
requirements made in this bill. The State may use this grant
for expenses related to its commercial driver's license
program, but the grant may not be used to rent, lease, or buy
land or buildings.
The Secretary would reimburse a State for no more than 80
percent of the cost of the improvements and each State would be
required to maintain its previous level of CDL expenditures.
The Secretary could designate up to 10 percent of the funds
available under this subsection for high-priority grants. The
Secretary could also designate up to 10 percent of the CDL
grant funds for discretionary allocations to State agencies,
local governments, or other persons to deal with emerging
problems. Up to 0.75 percent of the funds available for CDL
grants could be deducted for administrative expenses.
Section 154. Modernization of CDL information system
This section would require the Secretary of Transportation to
establish an account to be known as the ``Information System
Modernization Account''(ISMA). Fees in excess of the costs of
operating the information system collected for any fiscal year
beginning after FY 2006 by the Secretary of Transportation, or
an organization that represents the interests of the States,
would be credited to the ISMA. These funds would be available
only for the purpose of modernizing the information system.
This section would also require the Secretary to establish a
comprehensive plan for modernization of the information system
and set a date by which each State must convert to the new
information system. Also, within one year of enactment of this
Act, the Inspector General of the Department of Transportation
shall perform a baseline audit of the information system that
includes an assessment of the validity of the data in the
information system, an assessment of the extent to which
convictions are validly posted on a driver's record,
recommendations to the Secretary on how to update the baseline
audit annually to ensure that any shortcomings in the
information system are addressed, a methodology for conducting
the update, and any recommendations the Inspector General feels
necessary to improve the integrity of the data collected.
TITLE II--HIGHWAY AND VEHICULAR SAFETY
Section 201. Short title
This section would establish that this title may be cited as
the ``Highway and Vehicular Safety Reauthorization Act of
2005''.
SUBTITLE A--HIGHWAY SAFETY GRANT PROGRAM
Section 211. Short title
The subtitle is entitled the ``Highway Safety Grant Program
Reauthorization Act of 2005''.
Section 212. Authorization of appropriations
This section would authorize amounts from the Highway Trust
Fund for safety programs administered by NHTSA. The aggregate
proposed authorization is approximately $696 million for FY
2006, $711 million for FY 2007, $728 million for FY 2008, and
$746 million for FY 2009. In addition, this section provides
that, if revenue to the Highway Trust Fund for a given fiscal
year is lower than the amounts authorized in subtitle A, such a
reduction would not affect the highway safety programs provided
for in this bill. Finally, this section would provide for a
proportional increase for NHTSA's grant programs if revenue to
the Highway Trust Fund increases above currently authorized
amounts.
Section 213. Highway safety programs (section 402)
This program would be reauthorized for FYs 2006 through 2009
at an average annual funding level of $217 million, a 40
percent increase from the TEA-21 level. These grants, allocated
according to a formula, fund States' safety programs, such as
safety belts, drunk driving, motorcycle, pedestrian and bicycle
safety, emergency medical services, traffic law enforcement and
roadway safety.
Section 214. Highway safety research and outreach programs (section
403)
This program would be reauthorized for FYs 2006 through 2009
at an average annual funding level of $142 million. These
programs focus on the research and development of safety
countermeasures related to impaired driving, occupant
protection, traffic law enforcement and criminal justice,
licensing, motorcycle, pedestrian, bicycle, teen drivers and
emergency medical services. The States use this research to
model their safety programs for the most impact on saving lives
and reducing injuries. This section also would provide $24
million a year to NHTSA to launch national advertising
campaigns to increase seat belt use and reduce drunk driving
during holiday periods. Launching these advertising campaigns
at the national level is much more cost effective than
individual States buying advertising at the local level.
Section 215. National highway safety advisory committee technical
correction
This section would make a minor technical correction to
section 404(d) of title 23, United States Code.
Section 216. Occupant protection grants (section 405)
This new program would be funded at an average annual level
of $154 million. The program would grant money to States that
enact a new primary seat belt law and to States that have
already enacted a primary seat belt law. States that have
already enacted a primary seat belt law would receive a one-
time grant over the life of the bill equal to 250 percent of
their FY 2003 grant from section 402. States that enact a new
primary seat belt law after December 31, 2002 would receive a
one-time grant over the life of the bill equal to 500 percent
of their FY 2003 grant from section 402. Most of this grant
money may be used for highway safety construction purposes.
Section 217. Older driver safety; law enforcement training (section
406)
This section would amend section 406 by adding an older
driver research and demonstration program and a law enforcement
training program to train law enforcement personnel in police
chase techniques that are consistent with guidelines issued by
the International Association of Chiefs of Police.
Section 218. Emergency medical services (section 407)
This section would create a new section 407(a) of title 23,
United States Code, directing the Secretary and the Secretary
of Homeland Security to establish jointly a Federal Interagency
Committee on Emergency Medical Services (Interagency
Committee). One purpose of the Interagency Committee would be
to ensure coordination among the Federal agencies involved with
State, local, tribal, or regional emergency medical services
and 9-1-1 systems. This section also would provide funding to
aid the States in conducting coordinated emergency medical
services and 9-1-1 programs as described in this section.
Section 219. Repeal of authority for alcohol traffic safety programs
This section would eliminate section 408 of title 23, United
States Code, which would be replaced largely by a rewritten
section 410.
Section 220. Impaired driving program (section 410)
This program would be reauthorized for FYs 2006 through 2009
at an average annual funding level of $132 million. States can
qualify for a grant by enacting four out of the following seven
criteria in FY 2006 and FY 2007, and by enacting five out of
the following seven criteria in FY 2008 and FY 2009. States may
choose from the following menu of policy options: (1) impaired
driving check points and saturation patrols; (2) outreach to
judges and prosecutors to improve prosecution of drunk driving
cases; (3) create an information system for government use that
tracks drunk driving arrests and convictions; (4) reduce for
two years in a row the percentage of fatally-injured drivers
with a blood alcohol content of 0.08 percent; (5) a program
that returns State and local fines collected for drunk driving
offenses back into drunk driving prevention programs; (6) enact
a law that creates greater penalties for drivers convicted of
driving with a blood alcohol content of 0.15 percent or higher;
and (7) create specialized courts for handling only impaired
driving cases. The ten States with the highest rate of impaired
driving fatalities will be eligible for an additional grant.
Section 221. State traffic safety information system improvements
(section 412)
This section would create a new discretionary grant program,
funded at $45 million for each of FYs 2006 through 2009 to
encourage States to improve their traffic records systems by
increasing the efficiency and uniformity of data collection and
access through upgrading data collection systems. The purpose
is to develop a more accurate data base of vehicle crash
characteristics that will allow traffic safety professionals to
better identify traffic safety problems, and develop effective
countermeasures on a more timely basis.
Section 222. NHTSA accountability
This section would create a framework for advancing NHTSA's
management of its grant programs and its program
recommendations to the States. It would require a review of
each State highway safety program at least once every three
years along with recommendations on how each State may improve
the management and oversight of its grant activities. It would
also develop management and program review guidelines for the
NHTSA Regional Offices. The General Accounting Office will
conduct a study on the effectiveness of the advice and
recommendations given to the States by NHTSA. In addition, this
section would increase NHTSA's accountability to the public by
requiring the agency to post for public review on its website
documents such as the NHTSA management review and program
review guidelines.
Section 223. Grants for improving child passenger safety programs
This section would authorize grants to States to implement
Anton's Law, which is aimed at increasing the use of booster
seats for small children.
Section 224. Motorcyclist safety training and motorist awareness
programs
This section would create a new section 414 of title 23,
United States Code, to provide grants to States to implement
motorcycle safety training programs based on specific criteria,
including improvements to motorcyclist safety training, program
delivery, and public awareness.
SUBTITLE B--SPECIFIC VEHICLE SAFETY-RELATED RULINGS
Section 251. Vehicle rollover prevention and crash mitigation
This section would require the Department to issue a
comprehensive set of rules to reduce deaths and injuries caused
by passenger vehicle rollovers. The rules must reduce rollovers
by promoting using new technologies, reduce ejections of
passengers from vehicles that do rollover, and protect
occupants in rollover accidents. In formulating the safety
standards, the Secretary shall consider the ejection mitigation
capabilities of safety technologies, such as advanced side
glazing, side curtains, and side impact air bags. The bill
includes deadlines for issuing these rules.
Section 252. Side-impact crash protection rulemaking
This section would require NHTSA to complete a rulemaking
proceeding under chapter 301 of Title 49 to establish a
performance standard to enhance occupant protection in side
impact crashes.
Section 253. Tire research
This section would require the Secretary to transmit a report
on research conducted to address tire aging and provide
recommendations for a potential rulemaking regarding tire
aging.
Section 254. Vehicle backover avoidance technology study
This section would require NHTSA to study technologies for
automobiles that would reduce injuries and deaths caused by
cars and trucks backing up.
Section 255. Nontraffic incident data collection
This section would direct NHTSA to establish methods of
collection and maintenance of data on injuries and deaths
involving motor vehicles in non-traffic situations to assist in
the analysis regarding the inclusion of backover prevention
technologies in vehicles.
Section 256. Safety belt use reminders
This section would repeal existing law that limits audible
seat belt reminders to no more than eight seconds and requires
the Secretary to conduct a study of advanced safety belt
reminder systems to help achieve further gains in safety belt
use.
Section 257. Amendment of Automobile Information Disclosure Act
This section would amend the Automobile Information
Disclosure Act by requiring automobile safety ``star'' ratings
compiled by NHTSA's New Car Assessment Program (NCAP) to be
placed on the window sticker of new automobiles in a similar
manner to the gas mileage information.
Section 258. Power window switches
This section would require NHTSA to issue a rulemaking by
April 2007 in which power windows in automobiles not in excess
of 10,000 pounds must have switches that would raise the window
only when the switch is pulled up or out.
Section 259. 15-Passenger vans
This section would require NHTSA to include the testing of
15-passenger vans as part of its rollover resistance program.
It would also prohibit school systems from purchasing or
leasing a motor vehicle designed to transport 15 passengers if
the vehicle will be used to transport school children to or
from school or a school-related event unless that vehicle
complies with all existing Federal Motor Vehicle Safety
Standards prescribed for school buses.
Section 260. Authorization of appropriations
This section would authorize the following amounts for NHTSA
to carry out the above rulemakings:
$136 million for FY 2006,
$142.8 million for FY 2007,
$149.9 million for FY 2008, and
$157.4 million for FY 2009.
TITLE III--HAZARDOUS MATERIALS
Section 301. Short title
This section contains the short title and table of contents.
SUBTITLE A--GENERAL AUTHORITIES ON TRANSPORTATION OF HAZARDOUS
MATERIALS
Section 321. Purpose
This section would update and clarify the purpose of chapter
51 of title 49, United States Code.
Section 322. Definitions
This section would modify definitions as indicated below.
The definition of ``commerce'' would be amended to provide
jurisdiction over hazardous materials activities being
conducted on a U.S.-registered aircraft anywhere in the world.
The purpose of this proposed provision is to clarify that DOT
has the authority, under Federal hazardous materials
transportation law (49 U.S.C. 5101-5127), to regulate hazardous
materials transportation conducted on all U.S.-registered
aircraft.
The definitions of ``hazmat employee'' and ``hazmat
employer'' would be amended to clarify that the terms include
the self-employed, including owner-operators of motor vehicles,
vessels or aircraft, and temporary or part time employees.
The definition of ``motor carrier'' would be amended by
clarifying that it includes a freight forwarder, as defined in
49 U.S.C. 13102, only if the freight forwarder is performing a
function related to highway transportation. Also, the
definition of ``imminent hazard'' would be further clarified.
Finally, the definition of ``person'' would be amended so
that the requirements of chapter 51 apply to additional
activities of government agencies and Indian tribes, and would
include those that design, manufacture, fabricate, inspect,
mark, maintain, recondition, repair, or test a package,
container, or packaging component for use in the transportation
of hazardous materials in commerce.
Section 323. General regulatory authority
This section would amend subsection 5103(a), title 49, United
States Code, to update the terminology used to describe
materials the Secretary is required to designate as hazardous
under that subsection. It would also amend subsection
5103(b)(1)(A) to conform with the definition changes made to
section 5102.
Section 324. Limitation on issuance of hazmat licenses
This section would require the Secretary of HHS to recommend
to the Secretary of Transportation any chemical or biological
material or agent to be regulated as a hazardous material in
transportation.
Section 325. Background checks for foreign drivers hauling hazardous
materials
This section would require that motor carriers registered in
Mexico and Canada and transporting hazardous material in the
U.S. be subject to a background records check similar to that
which will apply to U.S.-licensed motor carriers. In addition,
the bill improves procedures for hazmat background checks to
eliminate redundancy, improve notification, and ensure due
process and provides for a study of the capacity to perform
background checks currently.
Section 326. Representation and tampering
This section would make technical changes to section 5104 for
purposes of clarity.
Section 327. Transporting certain material
This section would amend section 5105 by deleting subsection
(d) because the required study has been completed and submitted
to Congress.
Section 328. Hazmat employee training requirements and grants
This section would allow training grants for the ``Train
the Trainer'' program to also be made to instructors to train
hazmat employees, to the extent determined appropriate by the
Secretary.
Section 329. Registration
The Secretary would be allowed to require a registration
statement from persons who design and inspect a package or
packaging component that is represented as qualified for use in
transporting hazardous materials in commerce. This proposed
change is consistent with the changes to section 5103(b)(1)
regarding persons subject to the hazardous materials
regulations.
To reduce registrants' reporting requirements, a registrant
would no longer have to identify each registration-requiring
activity that it conducts in each State. Rather, the registrant
would only have to list each State in which it transports or
causes to be transported a hazardous material in a quantity and
manner requiring registration.
Section 5108(g)(1) would be amended by replacing ``may'' with
``shall'' in order to establish explicitly that the Secretary
must impose a registration fee sufficient to cover
administrative processing costs. Indian tribes and States would
be exempted from the requirements to register and pay
registration fees.
This section also would reduce the maximum fee that would be
assessed under section 5108(g)(2)(A) from $5,000 to $3,000. The
Secretary would be directed to reinstate the fees that were
suspended due to regulatory action.
Section 330. Shipping papers and disclosure
This section would require that each person who prepares a
shipping paper must make the disclosures that the Secretary
prescribes by regulation. Subsection 5110(b) would be deleted
as unnecessary because the informational elements set forth in
that subsection are already required by the Secretary under the
hazardous material regulations.
This section would require that shippers retain shipping
papers for three years after the shipping paper is provided to
the carrier, while maintaining the current one year retention
requirement for carriers.
Section 331. Rail tank cars
This section would repeal section 5111 as the Secretary has
further specified requirements for rail tank cars.
Section 332. Unsatisfactory safety ratings
This section would provide that an unfit owner or operator
transporting hazardous material in commerce, as determined by
the Secretary, shall be subject to the civil penalties in
section 5123 and the criminal penalties in section 5124.
Section 333. Training curriculum for the public sector
Several technical amendments would be made to reflect that
the public-sector training curriculum has already been
developed and to focus the statutory provisions on maintaining,
not developing, the curriculum.
The training curriculum would be required to include
appropriate emergency response training and planning programs
for public-sector employees developed with Federal financial
assistance, not just those under other Federal grant programs.
Section 334. Planning and training grants; emergency preparedness fund
This section would eliminate the current requirement that the
State share of planning and training grants must be above and
beyond ``maintenance of effort'' funds. In subsection (g), the
phrase ``government grant programs'' would be broadened to
``Federal financial assistance programs'' in order to provide
for more complete coordination of funding sources.
This section also would amend section 5116 to provide a name
for the account established under subsection 5116(i), calling
it the ``Emergency Preparedness Fund.'' Amounts collected by
the Secretary under subsection 5108(g)(2)(C) would be deposited
into the Emergency Preparedness Fund and could be used for
emergency planning and training grants under subsection 5116(a)
and (b), monitoring and technical assistance under subsection
5116(f), and administrative costs of carrying out sections
5116, 5108(g)(2), and section 5115. It also would clarify that
these amounts may be used to publish and distribute the
Emergency Response Guidebook. Information on the allocation and
uses of the grants would be made available to the public on an
annual basis.
Section 335. Special permits and exclusions
This section would clarify that the Secretary may issue a
special permit to any person who performs a function identified
under section 5103(b)(1).
In addition, this section would change the maximum initial
effective period of a special permit to two years, and provide
for the renewal of special permits for successive four-year
periods. This change would eliminate a great deal of
unnecessary industry application time and government processing
time involved in the present two-year renewal process.
This section also would repeal a requirement that the
Secretary maintain 30 hazardous materials safety inspectors
more than the number of inspectors authorized at the end of FY
1990. The PHMSA maintains inspectors in excess of this
requirement and, pursuant to recommendations resulting from a
department-wide DOT review of the hazmat program, is requesting
more flexibility about how inspectors should be utilized.
Section 336. Uniform forms and procedures
This section would reflect the fact that the working group
established to formulate uniform registration and permitting
forms and procedures has completed its task and submitted a
report to Congress. The section would authorize the Secretary
to prescribe regulations to establish uniform forms and
regulations for States to: (1) register and issue permits for
the transportation of hazmat by motor vehicle; and (2) permit
the transportation of hazmat in a State. In addition, States
would be authorized to participate in the uniform forms and
procedures program recommended by the Alliance for Uniform
Hazmat Transportation Procedures.
Section 337. Hazardous materials transportation safety and security
This section would improve safety by clarifying and enhancing
the inspection and enforcement authority of DOT officials and
inspection personnel. First, section 5121(a) would be amended
to expressly state that the Secretary's enforcement authority
includes the authority to conduct tests. This section also
would clarify that persons subject to chapter 51 must make
property, as well as records, reports, and information,
available to the Secretary for inspection upon the Secretary's
request. The Secretary currently has the authority in 5121(a)
to require the production of records and property.
This section also would provide enhanced authority for DOT
officials to discover hidden shipments of hazardous materials.
Section 5121(c) is amended to clarify and enhance the
inspection and enforcement authority of DOT officials and
inspection personnel, thereby enabling them to more effectively
identify hazardous materials shipments and to determine whether
those shipments are made in accordance with the Hazardous
Materials Regulations.
However, the Secretary would be required to develop
procedures for the safe resumption of transportation of a
package or transport unit when an inspection or investigation
does not result in the discovery of an imminent hazard. The
Committee expects that the Secretary will take into
consideration the impact of these procedures on the resumption
of transit for time sensitive medical material such as
radiopharmaceuticals and radionucleides. This improved
inspection authority comports with Fourth Amendment principles
on permissible searches by the Government.
In addition, this section would authorize the Secretary to
issue an emergency order when it is determined, by inspection,
investigation, testing, or research, that a violation of
hazardous material transportation laws, or an unsafe condition
or practice, is causing an imminent hazard. In those
situations, the Secretary would be authorized to issue or
impose emergency restrictions, prohibitions, recalls, or out-
of-service orders, without notice or the opportunity for a
hearing, but only to the extent necessary to abate the imminent
hazard.
The Secretary would be required to issue regulations
implementing the new provisions governing package inspection
and emergency orders.
A new subsection (g) would authorize the Secretary to enter
into grants, cooperative agreements, and other transactions to
address security risk assessment and emergency preparedness.
The objectives would include research, development,
demonstration, risk assessment, emergency response planning,
program support, and training activities.
This section also would require the Secretary, through the
Bureau of Transportation Statistics, to submit a report at
least every three years on the transportation of hazardous
materials during the preceding three years, including a summary
of hazmat shipments, deliveries, and movements during the
period. In addition, the section would require a report every
two years with, among other items, an analysis of hazmat
accidents and incidents over the preceding two years, a list
and summary of special permits, regulations and orders, and an
evaluation of the effectiveness of enforcement activities
relating to the transportation of hazmat during the period.
The Secretary would be authorized to determine whether
release of certain sensitive information contained in
government records would be contrary to national security.
Although the Freedom of Information Act (FOIA) provides for the
protection from release of certain sensitive information, it
does not necessarily protect all information that could be used
by terrorists to plan for or to carry out terrorist acts
relating to the transportation of hazardous materials.
Section 338. Enforcement
This section would clarify the types of judicial relief,
including civil penalties, that may be granted in an action
brought by the Attorney General.
Section 339. Civil penalties
This section would amend the civil penalty provisions in
sections 5123 to cover violations of special permits or
approvals issued by DOT to ensure that appropriate enforcement
action can be taken against persons violating those special
authorities. Civil penalties for death, serious illness, or
severe injury would be increased to up to $100,000 to serve as
a deterrent against violations that could led to such outcomes.
Maximum civil penalty amounts for other violations are set at
the current level of $32,500 and violations related to employee
training will be subject to a minimum penalty of $450. A
violator would be liable for interest that accrues on a civil
penalty.
Section 340. Criminal penalties
Criminal penalties would be increased for a person who
knowingly violates 49 U.S.C. 5104(b) or willfully violates
chapter 51 or a regulation issued under that chapter, and
thereby causes a release of hazardous material. Section 5104(b)
concerns tampering with a package, vehicle, vessel, aircraft,
or rail freight car used to transport hazardous materials. The
section also would provide that a separate violation occurs for
each day a violation continues.
Section 341. Preemption
This section would include a new subsection outlining the
purposes of the Secretary's current preemption authority and
would clarify that a person may apply to the Secretary for a
decision as to whether a fee imposed by a State, political
subdivision of a State, or an Indian tribe is preempted.
Further, this section would delete the requirement that the
Secretary publish the reason for a delay in issuing a
preemption determination in the Federal Register.
Subsection 5125(j) would be added to indicate that the
preemption standard is to be applied independently to each non-
Federal requirement in order to determine whether it is
preempted.
Finally, new subsection 5125(i) would clarify that the
Secretary's preemption authority does not apply to a procedure,
penalty, required mental state, or other standard used by a
State, political subdivision of a State, or Indian tribe to
enforce hazardous material transportation requirements.
Section 342. Relationship to other laws
This section would require that a person under contract to
the United States government to design or inspect a packaging
or packaging component used for transporting hazardous
materials must comply with chapter 51 and the hazardous
materials regulations.
Further, this section enables hazardous materials law to
supersede postal laws and regulations under titles 18 or 39
only `in case of an imminent hazard.'
Section 343. Judicial review
This section would add a new section 5127 providing for
judicial review of final actions taken by the Secretary under
chapter 51. This provision establishes the appropriate judicial
forum for review of final agency actions in the areas of
compliance, enforcement, civil penalties, rulemaking, and
preemption.
Under the proposal, the United States Court of Appeals for
the District of Columbia or for the circuit in which a person
seeking review resides or has his or her principal place of
business would review the final action. The petition for review
must be filed within 60 days after issuance of the order. The
section describes judicial procedures, the authority of the
court, and a requirement for prior objection--all provisions
modeled on the statute providing for judicial review of DOT and
Federal Aviation Administration aviation orders (49 U.S.C.
46110).
Section 344. Authorization of appropriations
This section would authorize appropriations of $24,940,000
for FY 2005, $29,000,000 for FY 2006, and $30,000,000 for each
of FYs 2007 through 2009.
A new subsection (b) would authorize appropriations from the
Emergency Preparedness Fund account to carry out certain
activities:
$4,000,000 for each of FYs 2005 through 2009
to carry out section 5107(e) (training grants);
$200,000 for each of FYs 2005 through 2009
to carry out section 5115 (training curriculum for the
public sector);
$21,800,000 for each of FYs 2005 through
2009 for sections 5116(a) and (b) to be spilt as
follows:
$5,000,000 for section 5116(a);
$7,800,000 for 5116(b); and
35 percent of the remainder for
5116(a) and 65 percent of the remainder for
5116(b). The Secretary may increase the amount
for 5116(b) if the Secretary determines it
appropriate based upon the relative training
and planning needs of individual applicants.
$150,000 for each of FYs 2005 through 2009
to carry out section 5116(f) (monitoring and technical
assistance to the public sector);
$150,000 for each of FYs 2005 through 2009
to carry out section 5116(i)(4) (administrative costs);
$1,000,000 for each of FYs 2005 through 2009
to carry out section 5116(j) (supplemental training
grants);
$750,000 for each of FYs 2005 through 2009
to carry out section 5116(i)(3) (for publication and
distribution of the Emergency Response Guidebook).
Section 345. Additional civil and criminal penalties
This section would amend criminal penalties for violations in
transporting hazardous materials by air (49 U.S.C. 46312) to
clarify that the regulations referred to in that section
include the Hazardous Materials Regulations issued by the
Secretary under chapter 51. Consequently, violations in
transporting hazardous materials by air would clearly
constitute violations of both Federal hazardous material
transportation laws and the Federal Aviation Act.
This section also would allow the Department of Justice to
seek restitution against persons convicted of a criminal
offense under 49 U.S.C. 5124.
Section 346. Technical corrections
This section makes technical corrections to the highway
routing of hazardous material, air transportation of ionizing
radiation material, and international uniformity of standards
and requirements.
SUBTITLE B--OTHER MATTERS
Section 361. Administrative authority for pipeline and hazardous
materials safety administration
This section would provide PHMSA necessary administrative
authority to conduct effective research on transportation
service and infrastructure assurance and to prevent security-
sensitive information developed in the course of that research
from aiding persons who might want to disrupt the
transportation system.
The purpose of this proposed provision is to provide PHMSA
with the authority to enter into ``other transactions''
agreements to conduct research into transportation service and
infrastructure assurance and to carry out PHMSA's research
activities. ``Other transactions'' agreements are contractual
arrangements that allow the maximum participation in research
and development programs. While ``other transactions''
authority is not subject to the statutes and regulations
specifically applicable to Federal contracts or grants
programs, their use does not eliminate the applicability of all
laws and regulations or other guidance provided within DOT. The
Committee understands that the flexibility provided by this
authority is thought generally to improve the acquisition
process and promote shared government-industry responsibility
for achieving desired milestones.
Section 362. Mailability of hazardous materials
This section would amend chapter 30 of title 39, U.S.C., to
prohibit hazardous materials in the mail unless specifically
authorized by law or Postal Service regulation. It also would
allow the United States Postal Service to collect civil
penalties, and to recover clean-up costs and damages, for
violations of this statutory provision and regulations issued
under it. This language would provide the Postal Service with
civil penalty authority analogous to DOT's civil penalty
authority under chapter 51. It would enhance the Postal
Service's authority to regulate hazardous materials in the mail
and would institute a civil penalty process that would serve as
a deterrent to those who unlawfully place hazardous material in
the mail.
This section would require the Postal Service to demonstrate
that a ``knowing'' violation has occurred, to give written
notice of the amount of the penalty, cost or damages assessed,
and to provide an opportunity for a hearing before making a
finding of violation. The Postal Service would have to take
into account certain penalty assessment criteria--such as prior
violation history, gravity of the violation, and ability to
remain in business--in determining the amount of a civil
penalty. A person accused of a violation would have the right
to file an administrative appeal with the Postal Service, and
the Attorney General would be able to bring a civil action to
collect penalties, damages, and costs. Costs, damages, and
penalties under this section would be paid into the Postal
Service Fund under 39 U.S.C. 2003.
Section 363. Criminal matters
This section provides for a correction to title 18 of the
United States Code for the transportation of explosives. It
makes explosives that are regulated by the DOT and the
Department of Homeland Security (DHS) subject to their
authority.
Section 364. Cargo inspection program
This section would authorize the Secretary to initiate a
program to randomly inspect cargo shipments at U.S. Customs
ports of entry to determine the extent to which undeclared
hazardous material is being offered for transportation in
commerce. DOT inspection personnel, in coordination with DHS
officials, would be authorized to open and inspect containers
at any U.S. Customs port of entry. The inspections would be
carried out by DOT inspection personnel at U.S. Customs ports
of entry where they would be similar to border inspections, and
they would be based upon random selections made by supervisory
personnel not present at the site of the inspections.
Therefore, the proposed program represents a careful balancing
of parties' privacy interests and the need to protect emergency
responders, transportation workers, and the general public from
the dangers inherent in the transportation of undeclared
hazardous material.
Section 365. Information on hazmat registrations
This section would require PHMSA to transmit current hazmat
registration information on motor carriers to the FMCSA so that
FMCSA can cross-reference the registrant's Federal motor
carrier registration number. In the future, PHMSA also would be
required to notify FMCSA whenever a motor carrier initially
registers to handle hazmat.
Section 366. Report on applying hazardous materials regulations to
persons who reject hazardous materials
This section would require the Secretary to complete an
assessment of the costs and benefits of subjecting to hazmat
laws and regulations persons who reject hazmat for
transportation in commerce. In completing the assessment, the
Secretary would be required to consider the number of affected
employers and employees; what actions would be required to
comply with such requirements; and whether and to what extent
application of Federal hazmat laws and regulations should be
limited to particular modes of transportation, certain
categories of employees, or certain classes or categories of
hazmat.
Section 367. National first responder transportation incident response
system
This section would authorize $5,000,000 annually for FYs 2005
through 2009 for Operation Respond to update the Operation
Respond Emergency Information System (OREIS) and permits the
Secretary to require the Operation Respond system function
across multiple transportation modes. The Operation Respond
Institute (ORI) is a not-for-profit, public/private partnership
serving the emergency response community with technology tools
for safety and security incidents occurring on North American
railroads and highways. ORI's principal tool, OREIS provides
first responders with real-time information about the hazardous
materials contents of railcars and motor carriers that have
been involved in incidents and chemical-specific response
guidance. OREIS also contains passenger railroad schematics,
chemical databases, and other resources that allow for
expedited response to hazmat and transportation incidents,
emergencies, and disasters. The Committee expects to ORI to
improve and expand the current system to allow it to reach more
members of the first responder community with improved data
quality and timeliness. This expanded program should also focus
on the needs of responders in rural areas, in and around the
nations inland and coastal ports and at border crossings. The
Operation Respond software and messaging system should be
integrated with other relevant technologies, such as fleet
tracking, automatic crash notification, E-911, wireless and
highway, railroad, and transit GIS systems. ORI should consult
with the Department of Transportation, the Department of
Homeland, State and locals officials, and the transportation
industry in designing the expanded system and the Secretary of
Transportation should oversee this expansion to ensure it is
progressing in accordance with the public interest. The
Committee believes that future upgrades and expansions of this
system should be financially largely by the users of this
system.
Section 368. Hazardous material transportation plan requirements
This section would exempt farmers as defined in the section
from certain hazardous materials transportation plans for local
farm-related shipments within 150 miles of their farm.
Section 369. Welded rail and tank car safety improvements
This section would require the Federal Railroad
Administration (FRA) to validate a predictive model for certain
tank car standards. It would also initiate a rulemaking to
develop appropriate standards and complete an analysis of the
impact resistance of steel used in pressurized tank cars built
before 1989. Additionally, the section directs the FRA to
require railroads to improve inspection procedures for
continuous welded rail (CWR) track and the identification of
cracks in rail joint bars. These provisions follow
recommendations made to the FRA by the National Transportation
Safety Board following a 2002 railroad derailment in Minot,
North Dakota. The section provides an authorization of
$1,000,000 for FY 2006 to help encourage quick completion of
the ongoing agency work on these provisions.
Section 370. Report regarding impact on public safety of train travel
in communities without grade separation
This section would require the Secretary to conduct a study
on the impact of blocked highway-rail grade crossings on the
ability of emergency responders to perform public safety and
security duties, and to report recommendations.
Section 371. Hazardous materials cooperative research program
This section would authorize $2,000,000 for FYs 2006 through
2009 for the Secretary to develop and administer a hazardous
materials cooperative research program and require certain
specific studies.
SUBTITLE C--SANITARY FOOD TRANSPORTATION
Section 381. Short title
This section sets forth the short title for the Sanitary Food
Transportation Act of 2005. This title would reallocate
responsibilities for food transportation safety among the U.S.
Department of Health and Human Services (HHS), DOT, and the
Department of Agriculture.
Section 382. Responsibilities of the Secretary of health and human
services
This section would amend section 402 of the Federal Food,
Drug, and Cosmetic Act (the Act; 21 U.S.C. 391) to provide that
food is adulterated if transported in violation of safe
transportation practices prescribed in the new section 416 of
the Act.
Subsection (b) would add to the Act a new section 416
requiring the Secretary of HHS to establish by regulation
sanitary transportation practices to be followed by shippers,
carriers, and others engaged in food transport. The Secretary
of HHS could prescribe practices relating to matters such as
sanitation, packaging and protective measures; limitations on
the use of vehicles; information sharing between shippers and
carriers; and record keeping, reporting, and compliance with
inspections.
It also would authorize the Secretary of HHS to publish in
the Federal Register (and amend as needed) lists of non-food
products that could render food products adulterated if shipped
simultaneously or subsequently in the same vehicle.
The section would authorize the Secretary of HHS to waive all
or part of the requirements of section 416, in appropriate
circumstances, with respect to particular classes of persons,
vehicles, food, or non-food products.
It would preempt State or local laws concerning
transportation of food. Finally, it would require the heads of
other Federal agencies, including the Secretaries of
Transportation and Agriculture, and the Administrator of the
Environmental Protection Agency, to assist the Secretary of
HHS, upon request, in carrying out this section.
Paragraph (c) of this section would add to the Act a new
section requiring persons subject to these provisions to
cooperate with HHS inspections of records.
Subsection (d) would amend section 301 of the Act to make
violations of requirements added by this section prohibited
acts subject to the sanctions provided in chapter III of the
Act.
Section 383. Department of Transportation requirements
This section would require the Secretary, in consultation
with the Secretaries of HHS and Agriculture, to establish
inspection procedures for identifying suspected incidents of
contamination or adulteration of food that might violate
regulations issued under section 416 of the Federal Food, Drug,
and Cosmetic Act, and of meat and poultry products subject to
detention under section 402 of the Federal Meat Inspection Act
(21 U.S.C. 672) and section 19 of the Poultry Products
Inspection Act (21 U.S.C. 467a). In addition, it would require
the Secretary to train DOT personnel who perform motor vehicle
and railroad related safety inspections to identify practices
and conditions that could pose a threat to food safety and to
notify the Secretaries of HHS and Agriculture of any instances
of potential food contamination identified during those
inspections.
Section 384. Effective date
This section would make the changes in law under the subtitle
align with the Federal fiscal year, which is particularly
important for the transfer of duties among different agencies.
TITLE IV--HOUSEHOLD GOODS MOVERS
Section 401. Short title
This section establishes that this title may be referred to
as the ``Household Goods Mover Oversight Enforcement and Reform
Act of 2005''.
Section 402. Definitions
This section provides that the terms ``carrier'', ``household
goods'', ``motor carrier'', ``Secretary'', and
``transportation'' have the meaning specified in section 13102
of title 49, United States Code.
Section 403. Payment of rates
Under current law, a carrier must give up possession of the
property being transported upon receipt of payment (49 U.S.C.
13707(a)). This section would codify existing regulations that
require a carrier to give up possession of the household goods
so long as the shipper pays the mover 100 percent of a binding
estimate of the charges or 110 percent of a non-binding
estimate of the charges. Shippers would not be required, as a
condition of delivery, under this provision to pay unforeseen
additional charges not included in a binding or non-binding
estimate that are necessary to complete the move. This section
also would provide that a mover may only charge a prorated
share of charges (based on either a binding or non-binding
estimate) for the partial delivery of a shipment. Under current
law, movers may require a shipper to pay 100 percent of the
charges in a binding estimate or 110 percent of the charges of
a non-binding estimate at the time of delivery even if part of
the shipment is lost or destroyed. The section also states that
the charges collected at delivery for impracticable operations
can not exceed 15 percent of all other charges due at delivery.
Post-contract services requested by a shipper after the
contract is executed are not covered by this provision.
Section 404. Household goods carrier operations
Current regulations promulgated by FMCSA require that a mover
must provide the customer a written estimate of charges and
ancillary services and a written inventory of the goods being
moved. This section would require that, at the time the written
estimate is provided, the carrier must also provide the shipper
a copy of DOT's pamphlet ``Ready to Move?''. Further, before a
contract for service is executed, the carrier must provide the
shipper a copy of DOT's booklet ``Your Rights and
Responsibilities When You Move''. The written estimate may be
either binding or non-binding, and must be based on a visual
inspection of the household goods if they are located within a
50 mile radius of the location of the carrier's household goods
agent preparing the estimate. Inaccurate estimates based on an
inventory provided by a prospective customer over the telephone
or the internet are the source of many complaints and disputes.
It is hoped that requiring an estimate be based on a visual
inspection of the goods to be moved prior to the execution of a
contract will significantly reduce such disputes.
Section 405. Liability of carriers under receipts and bills of lading
This section would change the standard liability for loss and
damage to full value protection, defined as the replacement
cost in the event of loss or damage up to the pre-declared
total value of the shipment. Movers would be allowed to offer
``released rates'' only if the shipper opts out, in writing, of
full value protection.
Section 406. Arbitration requirements
This section would require movers to offer shippers
arbitration and raises the threshold for bidding arbitration to
$10,000 from $5,000 currently. Additionally, within 18 months
following enactment, the Secretary would be required to
complete a review of the results and effectiveness of
arbitration programs and submit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure. In preparing the review, the Secretary would be
required to provide an opportunity for public comment. The
purpose is to investigate whether arbitrators are truly
independent of both parties involved in a dispute. Today,
arbitrators are selected by the mover and there is concern that
the process may favor the mover.
Section 407. Enforcement of regulations related to transportation of
household goods
This section would allow a State authority that regulates the
intrastate movement of household goods to enforce Federal laws
and regulations with respect to the transportation of household
goods in interstate commerce. Fines or penalties imposed as a
result of State enforcement of Federal law would accrue to the
State. A State attorney general would be authorized to bring a
civil action in Federal court when the attorney general
believes the interests of the residents of the State are being
threatened by a carrier or broker. This provision is based on
similar authority in section 4 of the Telemarketing and
Consumer Fraud Abuse Prevention Act of 1994. The State would be
required to give the DOT or the STB written notice when an
action is about to be filed. The DOT or the STB would be
authorized to intervene in the action and file petitions for
appeal. The venue for a civil action would be the judicial
district where the carrier or broker operates, or where the
carrier or broker is authorized to provide transportation, or
where the defendant is found. States would be permitted to
prosecute for violations of a State criminal statute.
Application of these provisions is limited to individual
shippers, as defined in this section, as the Committee
understands that corporate and government shippers generally
are better equipped to ensure they receive fair and proper
treatment from moving companies than individual shippers.
Section 408. Working group for development of practices and procedures
to enhance Federal-State relations
This section would require the Secretary to establish a
working group of State attorneys general, State authorities
that regulate the movement of household goods, and Federal and
local law enforcement officials to develop practices and
procedures to enhance the Federal-State partnership in
enforcement efforts, exchange of information, and coordination
of enforcement efforts, as well as to make recommendations for
legislative and regulatory changes. The working group would be
required to consult with industries involved in the
transportation of household goods, the public, and other
interested parties.
Section 409. Information about household goods transportation on
carriers' websites
Within one year after the date of enactment, the Secretary
would be required to modify regulations to require household
goods carriers and brokers to maintain a website that displays
their DOT assigned number and the DOT publication entitled
``Your Rights and Responsibilities When You Move''. Brokers
also would have to provide a list of all household goods
carriers used by the broker and a statement that the broker is
not a motor carrier.
Section 410. Consumer complaints
This section would require the Secretary to establish a
publicly accessible database of complaints related to motor
carrier transportation of household goods. Complaints would
have to be forwarded to the carrier involved, and the carrier
would be afforded an opportunity to challenge the information
in the database. The Secretary would be required to submit an
annual report detailing the complaints that were filed and
logged over that year.
Section 411. Review of liability of carriers
Within one year after the date of enactment, the Surface
Transportation Board (STB) would be required to complete a
review of the Federal regulations regarding the level of
liability protection provided by carriers to determine if
current regulations provide adequate protection; whether
shippers benefit from purchasing supplemental insurance
coverage; and whether shippers are sometimes left unprotected.
The STB also would be required to make recommendations as to
whether the current limitations on liability, known as the
``Carmack Amendment'', should be modified with respect to
household goods movers.
Section 412. Civil penalties relating to household goods brokers
This section would make a broker liable for a civil penalty
of at least $10,000 if found to have made a cost estimate for a
carrier to transport household goods without first entering
into an agreement with the carrier to provide the service. Any
person found to have provided transportation of household goods
or broker services without being registered to provide these
services would be liable for a civil penalty of at least
$25,000.
Section 413. Civil and criminal penalty for failing to give up
possession of household goods
The section would define the term ``failed to give up
possession of household goods'' as willfully refusing to
relinquish possession of a shipment of household goods for
which the shipper has tendered payment described in 49 U.S.C.
13707. A carrier violating this provision would be subject to a
civil penalty of at least $10,000, with every day the shipment
is held hostage constituting a separate violation, as well as a
twenty-four month suspension of the carrier's DOT registration.
A carrier convicted of holding household goods hostage by
falsifying documents or demanding payment for charges not
performed would be subject to a fine under title 18, United
States Code, or imprisonment of up to five years, or both.
Section 414. Progress report
Not later than one year after the date of enactment, the
Secretary would be required to report to Congress on the
progress made in implementing the provisions of this title.
Section 415. Additional registration requirements for motor carriers of
household goods
This section would require that the Secretary may register a
person to provide transportation of household goods only after
that person has provided evidence of participation in an
arbitration program; identified its tariff and provided a copy
of the notice of the availability of that tariff for
inspection; provided evidence that it has access to, has read,
is familiar with, and will observe all laws relating to
consumer protection, estimating, consumers' rights and
responsibilities, and options for limitations of liability for
loss and damage; disclose any relationship involving common
stock, common ownership, common management, or common familial
relationships between that person and any other motor carrier
within the last 3 years.
TITLE V--RECREATIONAL BOATING SAFETY PROGRAMS
Section 501. Short title
The section would state the title would be entitled the
``Sport Fishing and Recreational Boating Safety Act of 2005''.
SUBTITLE A--FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS
Section 511. Amendment of Federal aid in Sport Fish Restoration Act
The section would state that amendments under this subsection
refer to the Dingell-Johnson Sport Fish Restoration Act enacted
August 9, 1950 (64 State. 430; 16 U.S.C. 777 et seq.).
Section 512. Authorization of appropriations
Section 512 would authorize the appropriation of funds for
the accounts provided under that Act. It also would provide
that unexpended State funds from the Sport Fish Restoration
program would not be returned to the U.S. Fish and Wildlife
Service's research program, but instead would be reapportioned
to the States for fishery management and boating access.
Section 513. Division of annual appropriations
This section would amend that Act to authorize annual
appropriations for FYs 2006 through 2020 for the various
Wallop-Breaux programs of the Sport Fish Restoration Account
based on percentages of the amount remaining in the Fund after
fixed amount deductions for administration and multi-state
grants, which would allow each program area to share in the
benefits of revenue increases. The percentage allocations made
under this section would be: (1) 57 percent to the Secretary of
the Interior for Sport Fish Restoration, to include a minimum
of 15 percent of that amount for boating access; (2) 18.5
percent to the Secretary of the Interior for Coastal Wetlands;
(3) 18.5 percent to the Secretary of Homeland Security for
State recreational boating safety programs; (4) 2 percent for
marine sanitation devices as provided under the Clean Vessel
Act; (5) 2 percent for the Secretary of the Interior for
qualified projects under the Sport Fishing and Boating Safety
Act of 1998; and (6) 2 percent to the Secretary of the Interior
for the national outreach effort and communications program.
This section also would provide that any unexpended balances be
apportioned among the States in the same proportion and manner.
Finally, this section would provide that any amounts
unobligated by the Secretary of the Interior after three years
shall be transferred to the Secretary of Homeland Security for
State recreational boating safety programs.
Section 514. Maintenance of projects
The section would make conforming changes to that Act
relating to changes made in section 512 concerning the
maintenance of U.S. Fish and Wildlife Service projects.
Section 515. Boating infrastructure
This section would make conforming changes to that Act for
the distribution of Boating Infrastructure funds made in
section 513.
Section 516. Requirements and restrictions concerning use of amounts
for expenses for administration
This section would make conforming changes to that Act
regarding the distribution of revenues for administrative
purposes under section 513.
Section 517. Payments of funds to and cooperation with Puerto Rico, the
District of Columbia, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and the Virgin Islands
The section would make conforming changes regarding changes
to distribution of the funds to the Sport Fish Restoration
account under section 513 for the payments of funds to and
cooperation with Puerto Rico, the District of Columbia, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the U.S. Virgin Islands.
Section 518. Multistate conservation grant program
This section would make conforming changes relating to
distribution of funds for the multistate grant program under
section 513.
Section 519. Expenditures from boat safety account
This section would amend the Act to authorize the
distribution, without further appropriation, of the balance of
the Boat Safety Account over FYs 2006 through 2010 to the
Coastal Wetlands, Boating Safety, Clean Vessel Act, Boating
Infrastructure, and National Outreach and Communications
programs.
SUBTITLE B--CLEAN VESSEL ACT AMENDMENTS
Section 531. Grant program
This section would remove the requirement that coastal States
receive priority consideration for grant applications.
SUBTITLE C--RECREATIONAL BOATING SAFETY PROGRAM AMENDMENTS
Section 551. State matching funds requirement
Section 551 would reduce the percentage of State matching
funds required for the recreational boating safety program from
one-half to one-quarter, the same match requirement for Sport
Fish Restoration grants. Most States provide significantly more
funds than are required; however, some States with limited
matching funds are unable to use all of the Federal funds
allocated to them each year. This section would permit States
with limited matching funds to increase their level of services
to the boating public by fully utilizing their allocated
Federal funds.
Section 552. Availability of allocations
The section would increase the length of time that States
have to obligate Federal funds from two years to three years.
This section would provide greater flexibility in the amount of
time States will have to obtain matching funds. Due to lead-
times needed to obtain appropriations through the State budget
process, some States may not be able to obtain sufficient
matching funds within the two-year period currently authorized.
Section 553. Authorization of appropriations for State recreational
boating safety programs
This section would amend section 13106 of title 46, United
States Code, to reflect the proposed mandatory appropriation of
the Boat Safety Account by removing reference to the transfer
of funds from the Sport Fish Restoration Account. In addition,
it would remove the requirement that the Coast Guard spend not
less than one percent of the boating safety funds to pay
investigative and administrative costs. With the total amount
of boating safety funds increasing significantly under this
Act, the Coast Guard requested that it have more flexibility in
this area. Also, it would change the annual amount made
available to the Coast Guard for coordinating and carrying out
the national recreational boating safety program from
$3,333,336 to not more than five percent of the amount of the
Trust Fund dedicated to boating safety. Also, it would remove
the limitation on the portion of the amount provided to the
Coast Guard that is used to ensure manufacturer compliance with
safety standards for recreational vessels and associated
equipment. Current law limits the Coast Guard from using more
than $1,333,336 for manufacturer compliance. This would be
changed to `a minimum of $2,000,000', which would provide the
Coast Guard with the flexibility to use additional funds for
manufacturer compliance as necessary. Finally, this section
would require that boating safety funds provided to the Coast
Guard be expended within two succeeding fiscal years. After
that time, unexpended funds would be distributed to the States
for boating safety purposes, in addition to the other amounts
allocated to the States under this Act.
Section 554. Maintenance of effort for State recreational boating
safety programs
This section would add a ``maintenance of effort'' provision
to ensure that the increased Federal funding will result in
increased State recreational boating safety program activities.
This section would provide that in order to receive the full
benefit of the increased Federal recreational boating safety
grant funds, a State must maintain a level of State expenditure
equal to the average of that State's recreational boating
safety program expenditures for the three preceding fiscal
years. If a State were to reduce its recreational boating
safety program expenditures below the average of the three
preceding fiscal years, the amount of the Federal share of
expenditures reimbursed for the next fiscal year would be
reduced proportionately to the amount of the State's reduction.
Subsections (b) and (c) of new section 46 U.S.C. 13107 that
would be added by the bill would include provisions to allow
adjustments if the total amount of Federal funds available for
distribution to all States is less than the amount for the
preceding year, and to permit the Secretary to waive the
requirement if deemed appropriate due to factors beyond a
State's control.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
AUTOMOBILE INFORMATION DISCLOSURE ACT
SEC. 3. LABEL AND ENTRY REQUIREMENTS.
[15 U.S.C. 1232]
Every manufacturer of new automobiles distributed in commerce
shall, prior to the delivery of any new automobile to any
dealer, or at or prior to the introduction date of new models
delivered to a dealer prior to such introduction date, securely
affix to the windshield, or side window of such automobile a
label on which such manufacturer shall endorse clearly,
distinctly and legibly true and correct entries disclosing the
following information concerning such automobile--
(a) the make, model, and serial or identification
number or numbers;
(b) the final assembly point;
(c) the name, and the location of the place of
business, of the dealer to whom it is to be delivered;
(d) the name of the city or town at which it is to be
delivered to such dealer;
(e) the method of transportation used in making
delivery of such automobile, if driven or towed from
final assembly point to place of delivery; [and]
(f) the following information:
(1) the retail price of such automobile
suggested by the manufacturer;
(2) the retail delivered price suggested by
the manufacturer for each accessory or item of
optional equipment, physically attached to such
automobile at the time of its delivery to such
dealer, which is not included within the price
of such automobile as stated pursuant to
paragraph (1);
(3) the amount charged, if any, to such
dealer for the transportation of such
automobile to the location at which it is
delivered to such dealer; and
(4) the total of the amounts specified
pursuant to paragraphs (1), (2), and [(3).]
(3);
(g) if 1 or more safety ratings for such automobile have been
assigned and formally published or released by the National
Highway Traffic Safety Administration under the New Car
Assessment Program, information about safety ratings that--
(1) includes a graphic depiction of the number of
stars, or other applicable rating, that corresponds to
each such assigned safety rating displayed in a clearly
differentiated fashion indicating the maximum possible
safety rating;
(2) refers to frontal impact crash tests, side impact
crash tests, and rollover resistance tests (whether or
not such automobile has been assigned a safety rating
for such tests);
(3) contains information describing the nature and
meaning of the crash test data presented and a
reference to additional vehicle safety resources,
including http://www.safecar.gov; and
(4) is presented in a legible, visible, and prominent
fashion and covers at least--
(A) 8 percent of the total area of the label;
or
(B) an area with a minimum length of 4 \1/2\
inches and a minimum height of 3 \1/2\ inches;
and
(h) if an automobile has not been tested by the National
Highway Traffic Safety Administration under the New Car
Assessment Program, or safety ratings for such automobile have
not been assigned in one or more rating categories, a statement
to that effect.
* * * * * * *
DINGELL-JOHNSON SPORT FISH RESTORATION ACT
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
[16 U.S.C. 777b]
To carry out the provisions of this Act for fiscal years
after September 30, 1984, there are authorized to be
appropriated from the [Sport Fish Restoration Account] Sport
Fish Restoration and Boating Trust Fund established by section
9504(a) of the Internal Revenue Code of 1954 the amounts paid,
transferred, or otherwise credited to [that Account.] that
Trust Fund, except as provided in section 9504(c) of the
Internal Revenue Code of 1986. For purposes of the provision of
the Act of August 31, 1951, which refers to this section, such
amounts shall be treated as the amounts that are equal to the
revenues described in this section. The appropriation made
under the provisions of this section for each fiscal year shall
continue available during [the succeeding fiscal year.]
succeeding fiscal years. So much of such appropriation
apportioned to any State for any fiscal year as remains
unexpended at the close thereof is authorized to be made
available for expenditure in that State until the close of the
succeeding fiscal year. Any amount apportioned to any State
under the provisions of this Act which is unexpended or
unobligated at the end of the period during which it is
available for expenditure on any project is authorized to be
made available for expenditure by the Secretary of the Interior
[in carrying on the research program of the Fish and Wildlife
Service in respect to fish of material value for sport and
recreation.] to supplement the 57 percent of the balance of
each annual appropriation to be apportioned among the States,
as provided for in section 4(c).
SEC. 4. DIVISION OF ANNUAL APPROPRIATIONS.
[16 U.S.C. 777c]
[(a) Initial distribution.--The Secretary of the Interior
shall distribute 18 per centum of each annual appropriation
made in accordance with the provisions of section 3 of this Act
as provided in the Coastal Wetlands Planning, Protection, and
Restoration Act (title III, Public Law 101-646).
Notwithstanding the provisions of section 3 of this Act, such
sums shall remain available to carry out such Act through
fiscal year 2019.
[(b) Use of balance after distribution.--
[(1) Fiscal year 1998.--In fiscal year 1998, an
amount equal to $20,000,000 of the balance remaining
after the distribution under subsection (a) shall be
transferred to the Secretary of Transportation and
shall be expended for State recreational boating safety
programs under section 13106(a)(1) of title 46, United
States Code.
[(2) Fiscal year 1999.--For fiscal year 1999, of the
balance of each annual appropriation remaining after
making the distribution under subsection (a), an amount
equal to $74,000,000, reduced by 82 percent of the
amount appropriated for that fiscal year from the Boat
Safety Account of the Aquatic Resources Trust Fund
established by section 9504 of the Internal Revenue
Code of 1986 to carry out the purposes of section
13106(a) of title 46, United States Code, shall be used
as follows:
[(A) $10,000,000 shall be available to the
Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under
section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note).
[(B) The balance remaining after the
application of subparagraph (A) shall be
transferred to the Secretary of Transportation
and shall be expended for State recreational
boating safety programs under section 13106 of
title 46, United States Code.
[(3) Fiscal years 2000-2003.--For each of fiscal
years 2000 through 2003, of the balance of each annual
appropriation remaining after making the distribution
under subsection (a), an amount equal to $82,000,000,
reduced by 82 percent of the amount appropriated for
that fiscal year from the Boat Safety Account of the
Aquatic Resources Trust Fund established by section
9504 of the Internal Revenue Code of 1986 to carry out
the purposes of section 13106(a) of title 46, United
States Code, shall be used as follows:
[(A) $10,000,000 shall be available for each
fiscal year to the Secretary of the Interior
for 3 fiscal years for obligation for qualified
projects under section 5604(c) of the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note).
[(B) $8,000,000 shall be available for each
fiscal year to the Secretary of the Interior
for 3 fiscal years for obligation for qualified
projects under section 7404(d) of the
Sportfishing and Boating Safety Act of 1998.
[(C) The balance remaining after the
application of subparagraphs (A) and (B) shall
be transferred for each such fiscal year to the
Secretary of Transportation and shall be
expended for State recreational boating safety
programs under section 13106 of title 46,
United States Code.
[(4) Fiscal year 2004.--For fiscal year 2004, of the
balance of each annual appropriation remaining after
making the distribution under subsection (a), an amount
equal to $82,000,000, reduced by 82 percent of the
amount appropriated for that fiscal year from the Boat
Safety Account of the Aquatic Resources Trust Fund
established by section 9504 of the Internal Revenue
Code of 1986 to carry out the purposes of section
13106(a) of title 46, United States Code, shall be used
as follows:
[(A) $10,000,000 shall be available to the
Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under
section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note).
[(B) $8,000,000 shall be available to the
Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under
section 7404(d) of the Sportfishing and Boating
Safety Act of 1998 (16 U.S.C. 777g-1(d)).
[(C) The balance remaining after the
application of subparagraphs (A) and (B) shall
be transferred to the Secretary of
Transportation and shall be expended for State
recreational boating safety programs under
section 13106 of title 46, United States Code.
[(5) First 8 months of fiscal year 2005.--For the
period of October 1, 2004, through May 31, 2005, of the
balance of each annual appropriation remaining after
making the distribution under subsection (a), an amount
equal to $54,666,664, reduced by 82 percent of the
amount appropriated for that fiscal year from the Boat
Safety Account of the Aquatic Resources Trust Fund
established by section 9504 of the Internal Revenue
Code of 1986 to carry out the purposes of section
13106(a) of title 46, United States Code, shall be used
as follows:
[(A) $6,666,664 shall be available to the
Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under
section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note).
[(B) $5,333,334 shall be available to the
Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under
section 7404(d) of the Sportfishing and Boating
Safety Act of 1998 (16 U.S.C. 777g-1(d)).
[(C) The balance remaining after the
application of subparagraphs (A) and (B) shall
be transferred to the Secretary of
Transportation and shall be expended for State
recreational boating safety programs under
section 13106 of title 46, United States Code.
[(6) Transfer of certain funds.--Amounts available
under subparagraph (A) of paragraph (2) and
subparagraphs (A) and (B) of paragraph (3) that are
unobligated by the Secretary of the Interior after 3
fiscal years shall be transferred to the Secretary of
Transportation and shall be expended for State
recreational boating safety programs under section
13106(a) of title 46, United States Code.
[(c) National outreach and communications program.--Of the
balance of each such annual appropriation remaining after
making the distribution under subsections (a) and (b),
respectively, an amount equal to--
[(1) $5,000,000 for fiscal year 1999;
[(2) $6,000,000 for fiscal year 2000;
[(3) $7,000,000 for fiscal year 2001;
[(4) $8,000,000 for fiscal year 2002;
[(5) $10,000,000 for fiscal year 2003;
[(6) $10,000,000 for fiscal year 2004; and
[(7) $6,666,664 for the period of October 1, 2004,
through May 31, 2005; shall be used for the National
Outreach and Communications Program under section 8(d).
Such amounts shall remain available for 3 fiscal years,
after which any portion thereof that is unobligated by
the Secretary of the Interior for that program may be
expended by the Secretary under subsection (e).]
(a) In General.--For fiscal years 2006 through 2020, the
balance of each annual appropriation made in accordance with
the provisions of section 3 remaining after the distributions
for administrative expenses and other purposes under subsection
(b) and for multistate conservation grants under section 14
shall be distributed as follows:
(1) Coastal wetlands.--18.5 percent to the Secretary
of the Interior for distribution as provided in the
Coastal Wetlands Planning, Protection, and Restoration
Act (16 U.S.C. 3951 et seq.).
(2) Boating safety.--18.5 percent to the Secretary of
Homeland Security for State recreational boating safety
programs under section 13106 of title 46, United States
Code.
(3) Clean vessel act.--2.0 percent to the Secretary
of the Interior for qualified projects under section
5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322
note).
(4) Boating infrastructure.--2.0 percent to the
Secretary of the Interior for obligation for qualified
projects under section 7404(d) of the Sportfishing and
Boating Safety Act of 1998 (16 U.S.C. 777g-1(d)).
(5) National outreach and communications.--2.0
percent to the Secretary of the Interior for the
National Outreach and Communications Program under
section 8(d) of this Act. Such amounts shall remain
available for 3 fiscal years, after which any portion
thereof that is unobligated by the Secretary for that
program may be expended by the Secretary under
subsection (c) of this section.
[(d)] (b) Set-aside for expenses for administration of the
Dingell-Johnson Sport Fish Restoration Act.--
(1) In general.--
[(A) Set-aside.--For fiscal year 2001 and
each fiscal year thereafter, of the balance of
each such annual appropriation remaining after
the distribution and use under subsections (a),
(b), and (c) and section 14, the Secretary of
the Interior may use not more than the
available amount specified in subparagraph (B)
for the fiscal year for expenses for
administration incurred in implementation of
this Act, in accordance with this subsection
and section 9.]
(A) Set-aside.--For a fiscal year after
fiscal year 2005, the Secretary of the Interior
may use no more than the amount specified in
subparagraph (B) for the fiscal year for
expenses of administration incurred in the
implementation of this Act, in accordance with
this section and section 9. The amount
specified in subparagraph (B) for a fiscal year
may not be included in the amount of the annual
appropriation distributed under subsection (a)
for the fiscal year.
(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
(i) for each of fiscal years 2001 and
2002, $9,000,000;
(ii) for fiscal year 2003,
$8,212,000; and
(iii) for fiscal year 2004 and each
fiscal year thereafter, the sum of--
(I) the available amount for
the preceding fiscal year; and
(II) the amount determined by
multiplying--
(aa) the available
amount for the
preceding fiscal year;
and
(bb) the change,
relative to the
preceding fiscal year,
in the Consumer Price
Index for All Urban
Consumers published by
the Department of
Labor.
(2) Period of availability; apportionment of
unobligated amounts.--
(A) Period of availability.--For each fiscal
year, the available amount under paragraph (1)
shall remain available for obligation for use
under that paragraph until the end of the
fiscal year.
(B) Apportionment of unobligated amounts.--
Not later than 60 days after the end of a
fiscal year, the Secretary of the Interior
shall apportion among the States any of the
available amount under paragraph (1) that
remains unobligated at the end of the fiscal
year, on the same basis and in the same manner
as other amounts made available under this Act
are apportioned among the States under
subsection (e) for the fiscal year.
[(e)] (c) Apportionment among States.--The [Secretary of the
Interior, after the distribution, transfer, use, and deduction
under subsections (a), (b), (c), and (d), respectively, and
after deducting amounts used for grants under section 14, shall
apportion the remainder] Secretary, for a fiscal year after
fiscal year 2005, after the distribution, transfer, use and
deduction under subsection (b), and after deducting amounts
used for grants under section 14 of this title, shall apportion
57 percent of the balance of each such annual appropriation
among the several States in the following manner: 40 [per
centum] percent in the ratio which the area of each State
including coastal and Great Lakes waters (as determined by the
Secretary of the Interior) bears to the total area of all the
States, and 60 [per centum] percent in the ratio which the
number of persons holding paid licenses to fish for sport or
recreation in the State in the second fiscal year preceding the
fiscal year for which such apportionment is made, as certified
to said Secretary by the State fish and game departments, bears
to the number of such persons in all the States. Such
apportionments shall be adjusted equitably so that no State
shall receive less than 1 [per centum] percent nor more than 5
[per centum] percent of the total amount apportioned. Where the
apportionment to any State under this section is less than
$4,500 annually, the Secretary of the Interior may allocate not
more than $4,500 of said appropriation to said State to carry
out the purposes of this Act when said State certifies to the
Secretary of the Interior that it has set aside not less than
$1,500 from its fish-and-game funds or has made, through its
legislature, an appropriation in this amount for said purposes.
[(f)] (d) Unallocated funds.--So much of any sum not
allocated under the provisions of this section for any fiscal
year is hereby authorized to be made available for expenditure
to carry out the purposes of this Act until the close of the
succeeding fiscal year. The term fiscal year as used in this
section shall be a period of twelve consecutive months from
October 1 through the succeeding September 30, except that the
period for enumeration of persons holding licenses to fish
shall be a State's fiscal or license year.
[(g)] (e) Expenses for administration of certain programs.--
(1) In general.--For each fiscal year, of the amounts
appropriated under section 3, the Secretary of the
Interior shall use only funds authorized for use under
[subsections (a), (b)(3)(A), (b)(3)(B), and (c)]
paragraphs (1), (3), (4), and (5) of subsection (a) to
pay the expenses for administration incurred in
carrying out the provisions of law referred to in those
subsections, respectively.
(2) Maximum amount.--For each fiscal year, the
Secretary of the Interior may use not more than
$900,000 in accordance with paragraph (1).
(f) Transfer of Certain Funds.--Amounts available under
paragraphs (3) and (4) of subsection (a) that are unobligated
by the Secretary of the Interior after 3 fiscal years shall be
transferred to the Secretary of Homeland Security and shall be
expended for State recreational boating safety programs under
section 13106(a) of title 46, United States Code.
SEC. 8. MAINTENANCE OF PROJECTS.
[16 U.S.C. 777g]
(a) Duty of States; Status of Projects; Title to Property.--
To maintain fish-restoration and management projects
established under the provisions of this Act shall be the duty
of the States according to their respective laws. Beginning
July 1, 1953, maintenance of projects heretofore completed
under the provisions of this Act may be considered as projects
under this Act. Title to any real or personal property acquired
by any State, and to improvements placed on State-owned lands
through the use of funds paid to the State under the provisions
of this Act, shall be vested in such State.
(b) Funding requirements.--
(1) Each State shall allocate 15 percent of the funds
apportioned to it for each fiscal year under section 4
of this Act for the payment of up to 75 per centum of
the costs of the acquisition, development, renovation,
or improvement of facilities (and auxiliary facilities
necessary to insure the safe use of such facilities)
that create, or add to, public access to the waters of
the United States to improve the suitability of such
waters for recreational boating purposes.
Notwithstanding this provision, States within a United
States Fish and Wildlife Service Administrative Region
may allocate more or less than 15 percent in a fiscal
year, provided that the total regional allocation
averages 15 percent over a 5 year period.
(2) So much of the funds that are allocated by a
State under paragraph (1) in any fiscal year that
remained unexpended or unobligated at the close of such
year are authorized to be made available for the
purposes described in paragraph (1) during the
succeeding four fiscal years, but any portion of such
funds that remain unexpended or unobligated at the
close of such period are authorized to be made
available for expenditure by the Secretary of the
Interior [in carrying out the research program of the
Fish and Wildlife Service in respect to fish of
material value for sport or recreation.] to supplement
the 57 percent of the balance of each annual
appropriation to be apportioned among the States under
section 4(c).
(c) Aquatic Resource Education Program; Funding, Etc..--Each
State may use not to exceed 15 percent of the funds apportioned
to it under section 4 of this Act to pay up to 75 per centum of
the costs of an aquatic resource education and outreach and
communications program for the purpose of increasing public
understanding of the Nation's water resources and associated
aquatic life forms. The non-Federal share of such costs may not
be derived from other Federal grant programs. The Secretary
shall issue not later than the one hundred and twentieth day
after the effective date of this subsection such regulations as
he deems advisable regarding the criteria for such programs.
(d) National Outreach and Communications Program.--
(1) Implementation.--Within 1 year after the date of
enactment of the Sportfishing and Boating Safety Act of
1998, the Secretary of the Interior shall develop and
implement, in cooperation and consultation with the
Sport Fishing and Boating Partnership Council, a
national plan for outreach and communications.
(2) Content.--The plan shall provide--
(A) guidance, including guidance on the
development of an administrative process and
funding priorities, for outreach and
communications programs; and
(B) for the establishment of a national
program.
(3) Secretary may match or fund programs.--Under the
plan, the Secretary may obligate amounts available
under [subsection (c) or (d)] subsection (a)(5) or
subsection (b) of section 4 of this Act--
(A) to make grants to any State or private
entity to pay all or any portion of the cost of
carrying out any outreach and communications
program under the plan; or
(B) to fund contracts with States or private
entities to carry out such a program.
(4) Review.--The plan shall be reviewed periodically,
but not less frequently than once every 3 years.
(e) State Outreach and Communications Program.--Within 12
months after the completion of the national plan under
subsection (d)(1), a State shall develop a plan for an outreach
and communications program and submit it to the Secretary. In
developing the plan, a State shall--
(1) review the national plan developed under
subsection (d);
(2) consult with anglers, boaters, the sportfishing
and boating industries, and the general public; and
(3) establish priorities for the State outreach and
communications program proposed for implementation.
(f) Pumpout Stations and Waste Reception Facilities.--Amounts
apportioned to States under section 4 of this Act may be used
to pay not more than 75 percent of the costs of constructing,
renovating, operating, or maintaining pumpout stations and
waste reception facilities (as those terms are defined in the
Clean Vessel Act of 1992).
(g) Surveys.--
(1) National framework.--Within 6 months after the
date of enactment of the Sportfishing and Boating
Safety Act of 1998, the Secretary, in consultation with
the States, shall adopt a national framework for a
public boat access needs assessment which may be used
by States to conduct surveys to determine the adequacy,
number, location, and quality of facilities providing
access to recreational waters for all sizes of
recreational boats.
(2) State surveys.--Within 18 months after such date
of enactment, each State that agrees to conduct a
public boat access needs survey following the
recommended national framework shall report its
findings to the Secretary for use in the development of
a comprehensive national assessment of recreational
boat access needs and facilities.
(3) Exception.--Paragraph (2) does not apply to a
State if, within 18 months after such date of
enactment, the Secretary certifies that the State has
developed and is implementing a plan that ensures there
are and will be public boat access adequate to meet the
needs of recreational boaters on its waters.
(4) Funding.--A State that conducts a public boat
access needs survey under paragraph (2) may fund the
costs of conducting that assessment out of amounts
allocated to it as funding dedicated to motorboat
access to recreational waters under subsection (b)(1)
of this section.
* * * * * * *
SPORTFISHING AND BOATING SAFETY ACT OF 1998
SEC. . BOATING INFRASTRUCTURE.
[16 U.S.C. 777g-1]
(a) Purpose.--The purpose of this section is to provide funds
to States for the development and maintenance of facilities for
transient nontrailerable recreational vessels.
* * * * * * *
(c) Plan.--Within 6 months after submitting a survey to the
Secretary under section 8(g) of the Act entitled ``An Act to
provide that the United States shall aid the States in fish
restoration and management projects, and for other purposes,''
approved August 9, 1950 (16 U.S.C. 777g(g)), as added by
subsection (b) of this section, a State may develop and submit
to the Secretary a plan for the construction, renovation, and
maintenance of facilities for transient nontrailerable
recreational vessels, and access to those facilities, to meet
the needs of nontrailerable recreational vessels operating on
navigable waters in the State.
(d) Grant program.--
(1) Matching grants.--The Secretary of the Interior
shall obligate amounts made available under [section
4(b)(3)(B) of the Act entitled ``An Act to provide that
the United States shall aid the States in fish
restoration and management projects, and for other
purposes,'' approved August 9, 1950, as amended by this
Act,] section 4(a)(4) of the Dingell-Johnson Sport Fish
Restoration Act to make grants to any State to pay not
more than 75 percent of the cost to a State of
constructing, renovating, or maintaining facilities for
transient nontrailerable recreational vessels.
(2) Priorities.--In awarding grants under paragraph
(1), the Secretary shall give priority to projects
that--
(A) consist of the construction, renovation,
or maintenance of facilities for transient
nontrailerable recreational vessels in
accordance with a plan submitted by a State
under subsection (c);
(B) provide for public/private partnership
efforts to develop, maintain, and operate
facilities for transient nontrailerable
recreational vessels; and
(C) propose innovative ways to increase the
availability of facilities for transient
nontrailerable recreational vessels.
(e) Definitions.--For purposes of this section, the term--
(1) ``nontrailerable recreational vessel'' means a
recreational vessel 26 feet in length or longer--
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another
for the latter's pleasure;
(2) ``facilities for transient nontrailerable
recreational vessels'' includes mooring buoys, day-
docks, navigational aids, seasonal slips, safe harbors,
or similar structures located on navigable waters, that
are available to the general public (as determined by
the Secretary of the Interior) and designed for
temporary use by nontrailerable recreational vessels;
and
(3) ``State'' means each of the several States of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
* * * * * * *
DINGELL-JOHNSON SPORT FISH RESTORATION ACT
SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR
EXPENSES FOR ADMINISTRATION.
[16 U.S.C. 777h]
(a) Authorized Expenses for Administration.--Except as
provided in subsection (b), the Secretary of the Interior may
use available amounts under [section 4(d)(1)] section 4(b) only
for expenses for administration that directly support the
implementation of this Act that consist of--
(1) personnel costs of employees who directly
administer this Act on a full-time basis;
(2) personnel costs of employees who directly
administer this Act on a part-time basis for at least
20 hours each week, not to exceed the portion of those
costs incurred with respect to the work hours of the
employee during which the employee directly administers
this Act, as those hours are certified by the
supervisor of the employee;
(3) support costs directly associated with personnel
costs authorized under paragraphs (1) and (2),
excluding costs associated with staffing and operation
of regional offices of the United States Fish and
Wildlife Service and the Department of the Interior
other than for the purposes of this Act;
(4) costs of determining under section 6(a) whether
State comprehensive plans and projects are substantial
in character and design;
(5) overhead costs, including the costs of general
administrative services, that are directly attributable
to administration of this Act and are based on--
(A) actual costs, as determined by a direct
cost allocation methodology approved by the
Director of the Office of Management and Budget
for use by Federal agencies; and
(B) in the case of costs that are not
determinable under subparagraph (A), an amount
per full- time equivalent employee authorized
under paragraphs (1) and (2) that does not
exceed the amount charged or assessed for costs
per full-time equivalent employee for any other
division or program of the United States Fish
and Wildlife Service;
(6) costs incurred in auditing, every 5 years, the
wildlife and sport fish activities of each State fish
and game department and the use of funds under section
6 by each State fish and game department;
(7) costs of audits under subsection (d);
(8) costs of necessary training of Federal and State
full-time personnel who administer this Act to improve
administration of this Act;
(9) costs of travel to States, territories, and
Canada by personnel who--
(A) administer this Act on a full-time basis
for purposes directly related to administration
of State programs or projects; or
(B) administer grants under section 6 or 14;
(10) costs of travel outside the United States
(except travel to Canada), by personnel who administer
this Act on a full-time basis, for purposes that
directly relate to administration of this Act and that
are approved directly by the Assistant Secretary for
Fish and Wildlife and Parks;
(11) relocation expenses for personnel who, after
relocation, will administer this Act on a full-time
basis for at least 1 year, as certified by the Director
of the United States Fish and Wildlife Service at the
time at which the relocation expenses are incurred; and
(12) costs to audit, evaluate, approve, disapprove,
and advise concerning grants under sections 6 and 14.
(b) Reporting of Other Uses.--
(1) In general.--Subject to paragraph (2), if the
Secretary of the Interior determines that available
amounts under [section 4(d)(1)] section 4(b) should be
used for an expense for administration other than an
expense for administration described in subsection (a),
the Secretary--
(A) shall submit to the Committee on
Environment and Public Works of the Senate and
the Committee on Resources of the House of
Representatives a report describing the expense
for administration and stating the amount of
the expense; and
(B) may use any such available amounts for
the expense for administration only after the
end of the 30-day period beginning on the date
of submission of the report under subparagraph
(A).
(2) Maximum amount.--For any fiscal year, the
Secretary of the Interior may use under paragraph (1)
not more than $25,000.
(c) Restriction on Use To Supplement General
Appropriations.--The Secretary of the Interior shall not use
available amounts under subsection (b) to supplement the
funding of any function for which general appropriations are
made for the United States Fish and Wildlife Service or any
other entity of the Department of the Interior.
(d) Audit Requirement.--
(1) In general.--The Inspector General of the
Department of the Interior shall procure the
performance of biennial audits, in accordance with
generally accepted accounting principles, of
expenditures and obligations of amounts used by the
Secretary of the Interior for expenses for
administration incurred in implementation of this Act.
(2) Auditor.--
(A) In general.--An audit under this
subsection shall be performed under a contract
that is awarded under competitive procedures
(as defined in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403))
by a person or entity that is not associated in
any way with the Department of the Interior
(except by way of a contract for the
performance of an audit or other review).
(B) Supervision of auditor.--The auditor
selected under subparagraph (A) shall report
to, and be supervised by, the Inspector General
of the Department of the Interior, except that
the auditor shall submit a copy of the biennial
audit findings to the Secretary of the Interior
at the time at which the findings are submitted
to the Inspector General of the Department of
the Interior.
(3) Report to congress.--The Inspector General of the
Department of the Interior shall promptly submit to the
Committee on Resources of the House of Representatives
and the Committee on Environment and Public Works of
the Senate--
(A) a report on the results of each audit
under this subsection; and
(B) a copy of each audit under this
subsection.
SEC. 12. PAYMENTS OF FUNDS TO AND COOPERATION WITH PUERTO RICO, THE
DISTRICT OF COLUMBIA, GUAM, AMERICAN SAMOA,
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, AND
VIRGIN ISLANDS.
[16 U.S.C. 777k]
The Secretary of the Interior is authorized to cooperate with
the Secretary of Agriculture of Puerto Rico, the Mayor of the
District of Columbia, the Governor of Guam, the Governor of
American Samoa, the Governor of the Commonwealth of the
Northern Mariana Islands, and the Governor of the Virgin
Islands, in the conduct of fish restoration and management
projects, as defined in section 2 of this Act, upon such terms
and conditions as he shall deem fair, just, and equitable, and
is authorized to apportion to Puerto Rico, the District of
Columbia, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Virgin Islands, out of money
available for apportionment under this Act, such sums as he
shall determine, not exceeding for Puerto Rico 1 per centum,
for the District of Columbia one-third of 1 per centum, for
Guam one-third of 1 per centum, for American Samoa one-third of
1 per centum, for the Commonwealth of the Northern Mariana
Islands one-third of 1 per centum, and for the Virgin Islands
one-third of 1 per centum of the total amount apportioned in
any one year, but the Secretary shall in no event require any
of said cooperating agencies to pay an amount which will exceed
25 per centum of the cost of any project. Any unexpended or
unobligated balance of any apportionment made pursuant to this
section shall be made available for expenditure in Puerto Rico,
the District of Columbia, Guam, the Commonwealth of the
Northern Mariana Islands, or the Virgin Islands, as the case
may be, in the succeeding year, on any approved projects, and
if unexpended or unobligated at the end of such year is
authorized to be made available for expenditure by the
Secretary of the Interior [in carrying on the research program
of the Fish and Wildlife Service in respect to fish of material
value for sport or recreation.] to supplement the 57 percent of
the balance of each annual appropriation to be apportioned
among the States under section 4(b) of this Act.
SEC. 14. MULTISTATE CONSERVATION GRANT PROGRAM.
[16 U.S.C. 777m]
[(a) In General.--
[(1) Amount for grants.--Of the balance of each
annual appropriation made under section 3 remaining
after the distribution and use under subsections (a),
(b), and (c) of section 4 in a fiscal year, not more
than $3,000,000 shall be available to the Secretary of
the Interior for making multistate conservation project
grants in accordance with this section.]
(a) In General.--
(1) Amount for grants.--For each fiscal year after
fiscal year 2005, not more than $3,000,000 of each
annual appropriation made in accordance with the
provisions of section 3 shall be distributed to the
Secretary of the Interior for making multistate
conservation project grants in accordance with this
section.
(2) Period of availability; apportionment.--
(A) Period of availability.--Amounts made
available under paragraph (1) shall remain
available for making grants only for the first
fiscal year for which the amount is made
available and the following fiscal year.
(B) Apportionment.--At the end of the period
of availability under subparagraph (A), the
Secretary of the Interior shall apportion any
amounts that remain available among the States
in the manner specified in [section 4(e)]
section 4(c) for use by the States in the same
manner as funds apportioned under [section
4(e).] section 4(c).
(b) Selection of Projects.--
(1) States or entities to be benefited.--A project
shall not be eligible for a grant under this section
unless the project will benefit--
(A) at least 26 States;
(B) a majority of the States in a region of
the United States Fish and Wildlife Service; or
(C) a regional association of State fish and
game departments.
(2) Use of submitted priority list of projects.--The
Secretary of the Interior may make grants under this
section only for projects identified on a priority list
of sport fish restoration projects described in
paragraph (3).
(3) Priority list of projects. A priority list
referred to in paragraph (2) is a priority list of
sport fish restoration projects that the International
Association of Fish and Wildlife Agencies--
(A) prepares through a committee comprised of
the heads of State fish and game departments
(or their designees), in consultation with--
(i) nongovernmental organizations
that represent conservation
organizations;
(ii) sportsmen organizations; and
(iii) industries that fund the sport
fish restoration programs under this
Act;
(B) approves by vote of a majority of the
heads of State fish and game departments (or
their designees); and
(C) not later than October 1 of each fiscal
year, submits to the Assistant Director for
Wildlife and Sport Fish Restoration Programs.
(4) Publication.--The Assistant Director for Wildlife
and Sport Fish Restoration Programs shall publish in
the Federal Register each priority list submitted under
paragraph (3)(C).
(c) Eligible Grantees.--
(1) In general.--The Secretary of the Interior may
make a grant under this section only to--
(A) a State or group of States;
(B) the United States Fish and Wildlife
Service, or a State or group of States, for the
purpose of carrying out the National Survey of
Fishing, Hunting, and Wildlife-Associated
Recreation; and
(C) subject to paragraph (2), a
nongovernmental organization.
(2) Nongovernmental organizations.--
(A) In general.--Any nongovernmental
organization that applies for a grant under
this section shall submit with the application
to the International Association of Fish and
Wildlife Agencies a certification that the
organization--
(i) will not use the grant funds to
fund, in whole or in part, any activity
of the organization that promotes or
encourages opposition to the regulated
taking of fish; and
(ii) will use the grant funds in
compliance with subsection (d).
(B) Penalties for certain activities.--Any
nongovernmental organization that is found to
use grant funds in violation of subparagraph
(A) shall return all funds received under this
section and be subject to any other applicable
penalties under law.
(d) Use of Grants.--A grant under this section shall not be
used, in whole or in part, for an activity, project, or program
that promotes or encourages opposition to the regulated taking
of fish.
(e) Funding for Other Activities.--[Of the balance of each
annual appropriation made under section 3 remaining after the
distribution and use under subsections (a), (b), and (c) of
section 4 for each fiscal year and after deducting amounts used
for grants under subsection (a)--] Of amounts made available
under section 4(b) for each fiscal year--
(1) $200,000 shall be made available for each of--
(A) the Atlantic States Marine Fisheries
Commission;
(B) the Gulf States Marine Fisheries
Commission;
(C) the Pacific States Marine Fisheries
Commission; and
(D) the Great Lakes Fisheries Commission; and
(2) $400,000 shall be made available for the Sport
Fishing and Boating Partnership Council established by
the United States Fish and Wildlife Service.
(f) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to any activity carried out under this section.
SEC. 15. EXPENDITURES FROM BOAT SAFETY ACCOUNT.
The following amounts, available under section 9504(c) of the
Internal Revenue Code of 1986 without further appropriation,
shall be distributed as follows:
(1) In fiscal year 2006, $28,155,000 shall be
distributed--
(A) under section 4 of this Act in the
following manner:
(i) $11,200,000 to be added to funds
available under subsection (a)(2) of
that section;
(ii) $1,245,000 to be added to funds
available under subsection (a)(3) of
that section;
(iii) $1,245,000 to be added to funds
available under subsection (a)(4) of
that section;
(iv) $1,245,000 to be added to funds
available under subsection (a)(5) of
that section; and
(v) $12,800,000 to be added to funds
available under subsection (b) of that
section; and
(B) under section 14 of this Act, $420,000,
to be added to funds available under subsection
(a)(1) of that section.
(2) In fiscal year 2007, $22,419,000 shall be
distributed--
(A) under section 4 of this Act in the
following manner:
(i) $8,075,000 to be added to funds
available under subsection (a)(2) of
that section;
(ii) $713,000 to be added to funds
available under subsection (a)(3) of
that section;
(iii) $713,000 to be added to funds
available under subsection (a)(4) of
that section;
(iv) $713,000 to be added to funds
available under subsection (a)(5) of
that section; and
(v) $11,925,000 to be added to funds
available under subsection (b) of this
Act; and
(B) under section 14 of this Act, $280,000 to
be added to funds available under subsection
(a)(1) of that section.
(3) In fiscal year 2008, $17,139,000 shall be
distributed--
(A) under section 4 of this Act in the
following manner:
(i) $6,800,000 to be added to funds
available under subsection (a)(2) of
that section;
(ii) $333,000 to be added to funds
available under subsection (a)(3) of
that section;
(iii) $333,000 to be added to funds
available under subsection (a)(4) of
that section;
(iv) $333,000 to be added to funds
available under subsection (a)(5) of
that section; and
(v) $9,200,000 to be added to funds
available under subsection (b) of that
section; and
(B) under section 14 of this Act, $140,000,
to be added to funds available under subsection
(a)(1) of that section.
(4) In fiscal year 2009, $12,287,000 shall be
distributed--
(A) under section 4 of this Act in the
following manner:
(i) $5,100,000 to be added to funds
available under subsection (a)(2) of
that section;
(ii) $48,000 to be added to funds
available under subsection (a)(3) of
that section;
(iii) $48,000 to be added to funds
available under subsection (a)(4) of
that section;
(iv) $48,000 to be added to funds
available under subsection (a)(5) of
that section; and
(v) $6,900,000 to be added to funds
available under subsection (b) of that
section; and
(B) under section 14 of this Act, $143,000,
to be added to funds available under subsection
(a)(1) of that section.
(5) In fiscal year 2010, all remaining funds in the
Account shall be distributed under section 4 of this
Act in the following manner:
(A) one-third to be added to funds available
under subsection (b); and
(B) two-thirds to be added to funds available
under subsection (h).
* * * * * * *
TITLE 18, UNITED STATES CODE
Sec. 39. Commercial motor vehicles required to stop for inspections
(a) A driver of a commercial motor vehicle, as defined in
section 31132(1) of title 49, shall stop and submit to
inspection of the vehicle, driver, cargo, and required records
when directed to do so by an authorized employee of the Federal
Motor Carrier Safety Administration, Department of
Transportation, at or in the vicinity of an inspection site.
The driver shall not leave the inspection site until authorized
to do so by an authorized employee.
(b) A driver of a commercial motor vehicle, as defined in
subsection (a), who knowingly fails to stop for inspection when
directed to do so by an authorized employee of the Federal
Motor Carrier Safety Administration at or in the vicinity of an
inspection site, or leaves the inspection site without
authorization, shall be fined under this title or imprisoned
not more than 1 year, or both.
* * * * * * *
Sec. 845. Exceptions; relief from disabilities
(a) Except in the case of subsections (l), (m), (n), or (o)
of section 842 and subsections (d), (e), (f), (g), (h), and (i)
of section 844 of this title, this chapter shall not apply to:
(1) any aspect of the transportation of explosive
materials via railroad, water, highway, or air [which
are regulated by the United States Department of
Transportation and agencies thereof, and which pertain
to safety;] that is subject to the authority of the
Departments of Transportation and Homeland Security;
(2) the use of explosive materials in medicines and
medicinal agents in the forms prescribed by the
official United States Pharmacopeia, or the National
Formulary;
(3) the transportation, shipment, receipt, or
importation of explosive materials for delivery to any
agency of the United States or to any State or
political subdivision thereof;
(4) small arms ammunition and components thereof;
(5) commercially manufactured black powder in
quantities not to exceed fifty pounds, percussion caps,
safety and pyrotechnic fuses, quills, quick and slow
matches, and friction primers, intended to be used
solely for sporting, recreational, or cultural purposes
in antique firearms as defined in section 921(a)(16) of
title 18 of the United States Code, or in antique
devices as exempted from the term ``destructive
device'' in section 921(a)(4) of title 18 of the United
States Code; and
(6) the manufacture under the regulation of the
military department of the United States of explosive
materials for, or their distribution to or storage or
possession by the military or naval services or other
agencies of the United States; or to arsenals, navy
yards, depots, or other establishments owned by, or
operated by or on behalf of, the United States.
(b)(1) A person who is prohibited from shipping,
transporting, receiving, or possessing any explosive under
section 842(i) may apply to the Secretary for relief from such
prohibition.
(2) The Secretary may grant the relief requested under
paragraph (1) if the Secretary determines that the
circumstances regarding the applicability of section 842(i),
and the applicant's record and reputation, are such that the
applicant will not be likely to act in a manner dangerous to
public safety and that the granting of such relief is not
contrary to the public interest.
(3) A licensee or permittee who applies for relief, under
this subsection, from the disabilities incurred under this
chapter as a result of an indictment for or conviction of a
crime punishable by imprisonment for a term exceeding 1 year
shall not be barred by such disability from further operations
under the license or permit pending final action on an
application for relief filed pursuant to this section.
(c) It is an affirmative defense against any proceeding
involving subsections (l) through (o) of section 842 if the
proponent proves by a preponderance of the evidence that the
plastic explosive--
(1) consisted of a small amount of plastic explosive
intended for and utilized solely in lawful--
(A) research, development, or testing of new
or modified explosive materials;
(B) training in explosives detection or
development or testing of explosives detection
equipment; or
(C) forensic science purposes; or
(2) was plastic explosive that, within 3 years after
the date of enactment of the Antiterrorism and
Effective Death Penalty Act of 1996, will be or is
incorporated in a military device within the territory
of the United States and remains an integral part of
such military device, or is intended to be, or is
incorporated in, and remains an integral part of a
military device that is intended to become, or has
become, the property of any agency of the United States
performing military or police functions (including any
military reserve component) or the National Guard of
any State, wherever such device is located.
(3) For purposes of this subsection, the term
``military device'' includes, but is not restricted to,
shells, bombs, projectiles, mines, missiles, rockets,
shaped charges, grenades, perforators, and similar
devices lawfully manufactured exclusively for military
or police purposes. 18 U.S.C 3663 (2005)
* * * * * * *
Sec. 3064. Powers of Federal Motor Carrier Safety Administration
Authorized employees of the Federal Motor Carrier Safety
Administration may direct a driver of a commercial motor
vehicle, as defined in 49 U.S.C. 31132(1), to stop for
inspection of the vehicle, driver, cargo, and required records
at or in the vicinity of an inspection site.
* * * * * * *
Sec. 3663. Order of restitution
(a)(1)(A) The court, when sentencing a defendant convicted of
an offense under this title, section 401, 408(a), 409, 416,
420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841,
848(a), 849, 856, 861, 863) (but in no case shall a participant
in an offense under such sections be considered a victim of
such offense under this section), or section 5124, 46312,
46502, or 46504 of title 49, other than an offense described in
section 3663A(c), may order, in addition to or, in the case of
a misdemeanor, in lieu of any other penalty authorized by law,
that the defendant make restitution to any victim of such
offense, or if the victim is deceased, to the victim's estate.
The court may also order, if agreed to by the parties in a plea
agreement, restitution to persons other than the victim of the
offense.
(B)(i) The court, in determining whether to order restitution
under this section, shall consider--
(I) the amount of the loss sustained by each victim
as a result of the offense; and
(II) the financial resources of the defendant, the
financial needs and earning ability of the defendant
and the defendant's dependents, and such other factors
as the court deems appropriate.
(ii) To the extent that the court determines that the
complication and prolongation of the sentencing process
resulting from the fashioning of an order of restitution under
this section outweighs the need to provide restitution to any
victims, the court may decline to make such an order.
(2) For the purposes of this section, the term ``victim''
means a person directly and proximately harmed as a result of
the commission of an offense for which restitution may be
ordered including, in the case of an offense that involves as
an element a scheme, conspiracy, or pattern of criminal
activity, any person directly harmed by the defendant's
criminal conduct in the course of the scheme, conspiracy, or
pattern. In the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of
the victim or representative of the victim's estate, another
family member, or any other person appointed as suitable by the
court, may assume the victim's rights under this section, but
in no event shall the defendant be named as such representative
or guardian.
(3) The court may also order restitution in any criminal case
to the extent agreed to by the parties in a plea agreement.
(b) The order may require that such defendant--
(1) in the case of an offense resulting in damage to
or loss or destruction of property of a victim of the
offense--
(A) return the property to the owner of the
property or someone designated by the owner; or
(B) if return of the property under
subparagraph (A) is impossible, impractical, or
inadequate, pay an amount equal to the greater
of--
(i) the value of the property on the
date of the damage, loss, or
destruction, or
(ii) the value of the property on the
date of sentencing, less the value (as
of the date the property is returned)
of any part of the property that is
returned;
(2) in the case of an offense resulting in bodily
injury to a victim including an offense under chapter
109A or chapter 110--
(A) pay an amount equal to the cost of
necessary medical and related professional
services and devices relating to physical,
psychiatric, and psychological care, including
nonmedical care and treatment rendered in
accordance with a method of healing recognized
by the law of the place of treatment;
(B) pay an amount equal to the cost of
necessary physical and occupational therapy and
rehabilitation; and
(C) reimburse the victim for income lost by
such victim as a result of such offense;
(3) in the case of an offense resulting in bodily
injury also results in the death of a victim, pay an
amount equal to the cost of necessary funeral and
related services;
(4) in any case, reimburse the victim for lost income
and necessary child care, transportation, and other
expenses related to participation in the investigation
or prosecution of the offense or attendance at
proceedings related to the offense; and
(5) in any case, if the victim (or if the victim is
deceased, the victim's estate) consents, make
restitution in services in lieu of money, or make
restitution to a person or organization designated by
the victim or the estate.
(c)(1) Notwithstanding any other provision of law (but
subject to the provisions of subsections (a)(1)(B)(i)(II) and
(ii)[)], when sentencing a defendant convicted of an offense
described in section 401, 408(a), 409, 416, 420, or 422(a) of
the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856,
861, 863), in which there is no identifiable victim, the court
may order that the defendant make restitution in accordance
with this subsection.
(2)(A) An order of restitution under this subsection shall be
based on the amount of public harm caused by the offense, as
determined by the court in accordance with guidelines
promulgated by the United States Sentencing Commission.
(B) In no case shall the amount of restitution ordered under
this subsection exceed the amount of the fine which may be
ordered for the offense charged in the case.
(3) Restitution under this subsection shall be distributed as
follows:
(A) 65 percent of the total amount of restitution
shall be paid to the State entity designated to
administer crime victim assistance in the State in
which the crime occurred.
(B) 35 percent of the total amount of restitution
shall be paid to the State entity designated to receive
Federal substance abuse block grant funds.
(4) The court shall not make an award under this subsection
if it appears likely that such award would interfere with a
forfeiture under chapter 46 or chapter 96 of this title or
under the Controlled Substances Act (21 U.S.C. 801 et seq.).
(5) Notwithstanding section 3612(c) or any other provision of
law, a penalty assessment under section 3013 or a fine under
subchapter C of chapter 227 shall take precedence over an order
of restitution under this subsection.
(6) Requests for community restitution under this subsection
may be considered in all plea agreements negotiated by the
United States.
(7)(A) The United States Sentencing Commission shall
promulgate guidelines to assist courts in determining the
amount of restitution that may be ordered under this
subsection.
(B) No restitution shall be ordered under this subsection
until such time as the Sentencing Commission promulgates
guidelines pursuant to this paragraph.
(d) An order of restitution made pursuant to this section
shall be issued and enforced in accordance with section 3664.
* * * * * * *
FEDERAL FOOD, DRUG, AND COSMETIC ACT
SEC. 301. PROHIBITED ACTS.
[21 U.S.C. 331]
The following acts and the causing thereof are hereby
prohibited:
(a) The introduction or delivery for introduction
into interstate commerce of any food, drug, device, or
cosmetic that is adulterated or misbranded.
(b) The adulteration or misbranding of any food,
drug, device, or cosmetic in interstate commerce.
(c) The receipt in interstate commerce of any food,
drug, device, or cosmetic that is adulterated or
misbranded, and the delivery or proffered delivery
thereof for pay or otherwise.
(d) The introduction or delivery for introduction
into interstate commerce of any article in violation of
section 404, 505, or 564
(e) The refusal to permit access to or copying of any
record as required by section 412, 414, 416, 504, 564,
703, or 704(a); or the failure to establish or maintain
any record, or make any report, required under section
412, 414(b), 416, 504, 505(i) or (k), 512(a)(4)(C), 512
(j), (l) or (m), 572(i), 515(f), 519, or 564 or the
refusal to permit access to or verification or copying
of any such required record.
(f) The refusal to permit entry or inspection as
authorized by section 704.
(g) The manufacture, within any Territory of any
food, drug, device, or cosmetic that is adulterated or
misbranded.
(h) The giving of a guaranty or undertaking referred
to in section 303(c)(2), which guaranty or undertaking
is false, except by a person who relied upon a guaranty
or undertaking to the same effect signed by, containing
the name and address of, the person residing in the
United States from whom he received in good faith the
food, drug, device, or cosmetic; or the giving of a
guaranty or undertaking referred to in section
303(c)(3), which guaranty or undertaking is false.
(i)(1) Forging, counterfeiting, simulating, or
falsely representing, or without proper authority using
any mark, stamp, tag, label, or other identification
device authorized or required by regulations
promulgated under the provisions of section 404 or 721.
(2) Making, selling, disposing of, or keeping in
possession, control, or custody, or concealing any
punch, die, plate, stone, or other thing designed to
print, imprint, or reproduce the trademark, trade name,
or other identifying mark, imprint, or device of
another or any likeness of any of the foregoing upon
any drug or container or labeling thereof so as to
render such drug a counterfeit drug.
(3) The doing of any act which causes a drug to be a
counterfeit drug, or the sale or dispensing, or the
holding for sale or dispensing, of a counterfeit drug.
(j) The using by any person to his own advantage or
revealing, other than to the Secretary or officers or
employees of the Department, or to the courts when
relevant in any judicial proceeding under this Act, any
information acquired under authority of section 404,
409, 412, 414, 505, 510, 512, 513, 514, 515, 516, 518,
519, 520, 571, 572, 573, 704, 708 or 721, concerning
any method or process which as a trade secret is
entitled to protection; or the violating of section
408(i)(2) or any regulation issued under that section.
This paragraph does not authorize the withholding of
information from either House of Congress or from, to
the extent of matter within its jurisdiction, any
committee or subcommittee of such committee or any
joint committee of Congress or any subcommittee of such
joint committee.
(k) The alteration, mutilation, destruction,
obliteration, or removal of the whole or any part of
the labeling of, or the doing of any other act with
respect to, a food, drug, device, or cosmetic, if such
act is done while such article is held for sale
(whether or not the first sale) after shipment in
interstate commerce and results in such article being
adulterated or misbranded.
(l) [Deleted]
(m) The sale or offering for sale of colored
oleomargarine or colored margarine, or the possession
or serving of colored oleomargarine or colored
margarine in violation of sections 407(b), or 407(c).
(n) The using, in labeling, advertising or other
sales promotion of any reference to any report or
analysis furnished in compliance with section 704.
(o) In the case of a prescription drug distributed or
offered for sale in interstate commerce, the failure of
the manufacturer, packer, or distributor thereof to
maintain for transmittal, or to transmit, to any
practitioner licensed by applicable State law to
administer such drug who makes written request for
information as to such drug, true and correct copies of
all printed matter which is required to be included in
any package in which that drug is distributed or sold,
or such other printed matter as is approved by the
Secretary. Nothing in this paragraph shall be construed
to exempt any person from any labeling requirement
imposed by or under other provisions of this Act.
(p) The failure to register in accordance with
section 510, the failure to provide any information
required by section 510(j) or 510k,, or the failure to
provide a notice required by section 510(j)(2).
(q)(1) The failure or refusal to (A) comply with any
requirement prescribed under section 518 or 520(g), (B)
furnish any notification or other material or
information required by or under section 519 or 520(g),
or (C) comply with a requirement under section 522.
(2) With respect to any device, the submission of any
report that is required by or under this Act that is
false or misleading in any material respect.
(r) The movement of a device in violation of an order
under section 304(g) or the removal or alteration of
any mark or label required by the order to identify the
device as detained.
(s) The failure to provide the notice required by
section 412(c) or 412(e), the failure to make the
reports required by section 412(f)(1)(B), the failure
to retain the records required by section 412(b)(4), or
the failure to meet the requirements prescribed under
section 412(f)(3).
(t) The importation of a drug in violation of section
801(d)(1), the sale, purchase, or trade of a drug or
drug sample or the offer to sell, purchase, or trade a
drug or drug sample in violation of section 503(c), the
sale, purchase, or trade of a coupon, the offer to
sell, purchase, or trade such a coupon, or the
counterfeiting of such a coupon in violation of section
503(c)(2), the distribution of a drug sample in
violation of section 503(d), or the failure to
otherwise comply with the requirements of section
503(d), or the distribution of drugs in violation of
section 503(e) or the failure to otherwise comply with
the requirements of section 503(e).
(u) The failure to comply with any requirements of
the provisions of, or any regulations or orders of the
Secretary, under section 512(a)(4)(A), 512(a)(4)(D), or
512(a)(5).
(v) The introduction or delivery for introduction
into interstate commerce of a dietary supplement that
is unsafe under section 413.
(w) The making of a knowingly false statement in any
statement, certificate of analysis, record, or report
required or requested under section 801(d)(3); the
failure to submit a certificate of analysis as required
under such section; the failure to maintain records or
to submit records or reports as required by such
section; the release into interstate commerce of any
article or portion thereof imported into the United
States under such section or any finished product made
from such article or portion, except for export in
accordance with section 801(e) or 802, or with section
351(h) of the Public Health Service Act; or the failure
to so export or to destroy such an article or portions
thereof, or such a finished product.
(x) The falsification of a declaration of conformity
submitted under section 514(c) or the failure or
refusal to provide data or information requested by the
Secretary under paragraph (3) of such section.
(y) In the case of a drug, device, or food--
(1) the submission of a report or
recommendation by a person accredited under
section 523 that is false or misleading in any
material respect;
(2) the disclosure by a person accredited
under section 523 of confidential commercial
information or any trade secret without the
express written consent of the person who
submitted such information or secret to such
person; or
(3) the receipt by a person accredited under
section 523 of a bribe in any form or the doing
of any corrupt act by such person associated
with a responsibility delegated to such person
under this Act.
(z) The dissemination of information in violation of
section 551.
(aa) The importation of a prescription drug in
violation of section 804, the falsification of any
record required to be maintained or provided to the
Secretary under such section, or any other violation of
regulations under such section.
(bb) The transfer of an article of food in violation
of an order under section 304(h), or the removal or
alteration of any mark or label required by the order
to identify the article as detained.
(cc) The importing or offering for import into the
United States of an article of food by, with the
assistance of, or at the direction of, a person
debarred under section 306(b)(3).
(dd) The failure to register in accordance with
section 415.
(ee) The importing or offering for import into the
United States of an article of food in violation of the
requirements under section 801(m).
(ff) The importing or offering for import into the
United States of a drug or device with respect to which
there is a failure to comply with a request of the
Secretary to submit to the Secretary a statement under
section 801(o).
(gg) The knowing failure to comply with paragraph (7)(E) of
section 704(g); the knowing inclusion by a person accredited
under paragraph (2) of such section of false information in an
inspection report under paragraph (7)(A) of such section; or
the knowing failure of such a person to include material facts
in such a report.
(hh) Noncompliance With Sanitary Transportation Practices.--
The failure by a shipper, carrier by motor vehicle or rail
vehicle, receiver, or any other person engaged in the
transportation of food to comply with the sanitary
transportation practices prescribed by the Secretary under
section 416.
* * * * * * *
SEC. 402. ADULTERATED FOOD.
[21 U.S.C. 342]
A food shall be deemed to be adulterated--
(a) Poisonous, insanitary, or deleterious ingredients.--(1)
If it bears or contains any poisonous or deleterious substance
which may render it injurious to health; but in case the
substance is not an added substance such food shall not be
considered adulterated under this clause if the quantity of
such substance in such food does not ordinarily render it
injurious to health; (2)(A) if it bears or contains any added
poisonous or added deleterious substance (other than a
substance that is a pesticide chemical residue in or on a raw
agricultural commodity or processed food, a food additive, a
color additive, or a new animal drug) that is unsafe within the
meaning of section 406; or (B) if it bears or contains a
pesticide chemical residue that is unsafe within the meaning of
section 408(a); or (C) if it is or if it bears or contains (i)
any food additive that is unsafe within the meaning of section
409; or (ii) a new animal drug (or conversion product thereof)
that is unsafe within the meaning of section 512; or (3) if it
consists in whole or in part of any filthy, putrid, or
decomposed substances, or if it is otherwise unfit for food; or
(4) if it has been prepared, packed, or held under insanitary
conditions whereby it may have become contaminated with filth,
or whereby it may have been rendered injurious to health; or
(5) if it is, in whole or in part, the product of a diseased
animal or of an animal which has died otherwise than by
slaughter; or (6) if its container is composed, in whole or in
part, of any poisonous or deleterious substance which may
render the contents injurious to health; or (7) if it has been
intentionally subjected to radiation, unless the use of the
radiation was in conformity with a regulation or exemption in
effect pursuant to section 409.
(b) Absence, substitution, or addition of constituents.--(1)
If any valuable constituent has been in whole or in part
omitted or abstracted therefrom; or (2) if any substance has
been substituted wholly or in part therefor; or (3) if damage
or inferiority has been concealed in any manner; or (4) if any
substance has been added thereto or mixed or packed therewith
so as to increase its bulk or weight, or reduce its quality or
strength, or make it appear better or of greater value than it
is.
(c) Color additives.--If it is, or it bears or contains, a
color additive which is unsafe within the meaning of section
721(a).
(d) Confectionery containing alcohol or nonnutritive
substance.--If it is confectionery, and--
(1) has partially or completely imbedded therein any
nonnutritive object, except that this subparagraph
shall not apply in the case of any nonnutritive object
if, in the judgment of the Secretary as provided by
regulations, such object is of practical functional
value to the confectionery product and would not render
the product injurious or hazardous to health;
(2) bears or contains any alcohol other than alcohol
not in excess of one-half of 1 per centum by volume
derived solely from the use of flavoring extracts,
except that this clause shall not apply to
confectionery which is introduced or delivered for
introduction into, or received or held for sale in,
interstate commerce if the sale of such confectionery
is permitted under the laws of the State in which such
confectionery is intended to be offered for sale; or
(3) bears or contains any nonnutritive substance,
except that this subparagraph shall not apply to a safe
nonnutritive substance which is in or on confectionery
by reason of its use for some practical functional
purpose in the manufacture, packaging, or storage of
such confectionery if the use of the substance does not
promote deception of the consumer or otherwise result
in adulteration or misbranding in violation of any
provision of this Act, except that the Secretary may,
for the purpose of avoiding or resolving uncertainty as
to the application of this subparagraph, issue
regulations allowing or prohibiting the use of
particular nonnutritive substances.
(e) Oleomargarine containing filthy, putrid, etc., matter.--
If it is oleomargarine or margarine or butter and any of the
raw material used therein consisted in whole or in part of any
filthy, putrid, or decomposed substance, or such oleomargarine
or margarine or butter is otherwise unfit for food.
(f) Safety of dietary supplements and burden of proof on
FDA.--(1) If it is a dietary supplement or contains a dietary
ingredient that--
(A) presents a significant or unreasonable risk of
illness or injury under--
(i) conditions of use recommended or
suggested in labeling, or
(ii) if no conditions of use are suggested or
recommended in the labeling, under ordinary
conditions of use;
(B) is a new dietary ingredient for which there is
inadequate information to provide reasonable assurance
that such ingredient does not present a significant or
unreasonable risk of illness or injury;
(C) the Secretary declares to pose an imminent hazard
to public health or safety, except that the authority
to make such declaration shall not be delegated and the
Secretary shall promptly after such a declaration
initiate a proceeding in accordance with sections 554
and 556 of title 5, United States Code, to affirm or
withdraw the declaration; or
(D) is or contains a dietary ingredient that renders
it adulterated under paragraph (a)(1) under the
conditions of use recommended or suggested in the
labeling of such dietary supplement. In any proceeding
under this subparagraph, the United States shall bear
the burden of proof on each element to show that a
dietary supplement is adulterated. The court shall
decide any issue under this paragraph on a de novo
basis.
(2) Before the Secretary may report to a United States
attorney a violation of paragraph (1)(A) for a civil
proceeding, the person against whom such proceeding would be
initiated shall be given appropriate notice and the opportunity
to present views, orally and in writing, at least 10 days
before such notice, with regard to such proceeding.
(g) Good manufacturing practices.--If it is a dietary
supplement and it has been prepared, packed, or held under
conditions that do not meet current good manufacturing practice
regulations, including regulations requiring, when necessary,
expiration date labeling, issued by the Secretary under
subparagraph (2).
(2) The Secretary may by regulation prescribe good
manufacturing practices for dietary supplements. Such
regulations shall be modeled after current good manufacturing
practice regulations for food and may not impose standards for
which there is no current and generally available analytical
methodology. No standard of current good manufacturing practice
may be imposed unless such standard is included in a regulation
promulgated after notice and opportunity for comment in
accordance with chapter 5 of title 5, United States Code.
(h) If it is an article of food imported or offered for
import into the United States and the article of food has
previously been refused admission under section 801(a), unless
the person reoffering the article affirmatively establishes, at
the expense of the owner or consignee of the article, that the
article complies with the applicable requirements of this Act,
as determined by the Secretary.
(i) Noncompliance With Sanitary Transportation Practices.--If
the food is transported under conditions that are not in
compliance with the sanitary transportation practices
prescribed by the Secretary under section 416.
* * * * * * *
SEC. 316. SANITARY TRANSPORTATION PRACTICES.
(a) Definitions.--In this section:
(1) Bulk vehicle.--The term `bulk vehicle' includes a
tank truck, hopper truck, rail tank car, hopper car,
cargo tank, portable tank, freight container, or hopper
bin, and any other vehicle in which food is shipped in
bulk, with the food coming into direct contact with the
vehicle.
(2) Transportation.--The term `transportation' means
any movement in commerce by motor vehicle or rail
vehicle.
(b) Regulations.--The Secretary shall by regulation require
shippers, carriers by motor vehicle or rail vehicle, receivers,
and other persons engaged in the transportation of food to use
sanitary transportation practices prescribed by the Secretary
to ensure that food is not transported under conditions that
may render the food adulterated.
(c) Contents.--The regulations shall--
(1) prescribe such practices as the Secretary
determines to be appropriate relating to--
(A) sanitation;
(B) packaging, isolation, and other
protective measures;
(C) limitations on the use of vehicles;
(D) information to be disclosed--
(i) to a carrier by a person
arranging for the transport of food;
and
(ii) to a manufacturer or other
person that--
(I) arranges for the
transportation of food by a
carrier; or
(II) furnishes a tank vehicle
or bulk vehicle for the
transportation of food; and
(E) recordkeeping; and
(2) include--
(A) a list of nonfood products that the
Secretary determines may, if shipped in a bulk
vehicle, render adulterated food that is
subsequently transported in the same vehicle;
and
(B) a list of nonfood products that the
Secretary determines may, if shipped in a motor
vehicle or rail vehicle (other than a tank
vehicle or bulk vehicle), render adulterated
food that is simultaneously or subsequently
transported in the same vehicle.
(d) Waivers.--
(1) In general.--The Secretary may waive any
requirement under this section, with respect to any
class of persons, vehicles, food, or nonfood products,
if the Secretary determines that the waiver--
(A) will not result in the transportation of
food under conditions that would be unsafe for
human or animal health; and
(B) will not be contrary to the public
interest.
(2) Publication.--The Secretary shall publish in the
Federal Register any waiver and the reasons for the
waiver.
(e) Preemption.--
(1) In general.--No State or political subdivision of
a State may directly or indirectly establish or
continue in effect, as to any food in interstate
commerce, any authority or requirement concerning
transportation of food that is not identical to an
authority or requirement under this section.
(2) Applicability.--This subsection applies to
transportation that occurs on or after the effective
date of the regulations promulgated under subsection
(b).
(f) Assistance of Other Agencies.--The Secretary of
Transportation, the Secretary of Agriculture, the Administrator
of the Environmental Protection Agency, and the heads of other
Federal agencies, as appropriate, shall provide assistance on
request, to the extent resources are available, to the
Secretary for the purposes of carrying out this section.
* * * * * * *
SEC. 703. [RECORDS OF INTERSTATE SHIPMENT]. RECORDS.
[21 U.S.C. 373]
[For the purpose] (a) In General._For the purpose of
enforcing the provisions of this Act, carriers engaged in
interstate commerce, and persons receiving food, drugs,
devices, or cosmetics in interstate commerce or holding such
articles so received, shall, upon the request of an officer or
employee duly designated by the Secretary, permit such officer
or employee, at reasonable times, to have access to and to copy
all records showing the movement in interstate commerce of any
food, drug, device, or cosmetic, or the holding thereof during
or after such movement, and the quantity, shipper, and
consignee thereof; and it shall be unlawful for any such
carrier or person to fail to permit such access to and copying
of any such record so requested when such request is
accompanied by a statement in writing specifying the nature or
kind of food, drug, device, or cosmetic to which such request
relates, except that evidence obtained under this section, or
any evidence which is directly or indirectly derived from such
evidence, shall not be used in a criminal prosecution of the
person from whom obtained, and except that carriers shall not
be subject to the other provisions of this Act by reason of
their receipt, carriage, holding, or delivery of food, drugs,
devices, or cosmetics in the usual course of business as
[carriers.] carriers, except as provided in subsection (b).
(b) Food Transportation Records.--A shipper, carrier by motor
vehicle or rail vehicle, receiver, or other person subject to
section 416 shall, on request of an officer or employee
designated by the Secretary, permit the officer or employee, at
reasonable times, to have access to and to copy all records
that the Secretary requires to be kept under section
416(c)(1)(E).
* * * * * * *
CLEAN VESSEL ACT OF 1992
SEC. 5604. FUNDING.
[33 U.S.C. 1322 note]
* * * * * * *
(c) Grant Program.--
(1) Matching grants.--The Secretary of the Interior
may obligate an amount not to exceed the amount made
available under section 4(b)(2) of the Act of August 9,
1950 (16 U.S.C. 777c(b)(2), as amended by this Act), to
make grants to--
(A) coastal States to pay not more than 75
percent of the cost to a coastal State of--
(i) conducting a survey under section
5603(a);
(ii) developing and submitting a plan
and accompanying list under section
5603(b);
(iii) constructing and renovating
pumpout stations and waste reception
facilities; and
(iv) conducting a program to educate
recreational boaters about the problem
of human body waste discharges from
vessels and inform them of the location
of pumpout stations and waste reception
facilities.
(B) inland States, which can demonstrate to
the Secretary of the Interior that there are an
inadequate number of pumpout stations and waste
reception facilities to meet the needs of
recreational vessels in the waters of that
State, to pay 75 percent of the cost to that
State of--
(i) constructing and renovating
pumpout stations and waste reception
facilities in the inland State; and
(ii) conducting a program to educate
recreational boaters about the problem
of human body waste discharges from
vessels and inform them of the location
of pumpout stations and waste reception
facilities.
(2) Priority.--In awarding grants under this
subsection, the Secretary of the Interior shall give
priority consideration to grant applications that--
[(A) in coastal States, propose constructing
and renovating pumpout stations and waste
reception facilities in accordance with a
coastal State's plan approved under section
5603(c);]
[(B)] (A) provide for public/private
partnership efforts to develop and operate
pumpout stations and waste receptions
facilities; and
[(C)] (B) propose innovative ways to increase
the availability and use of pumpout stations
and waste reception facilities.
(d)
Disclaimer.--Nothing in this subtitle shall be interpreted
to preclude a State from carrying out the provisions of this
subtitle with funds other than those described in this section.
* * * * * * *
TITLE 23, UNITED STATES CODE
Sec. 402. Highway safety programs
(a) Each State shall have a highway safety program approved
by the Secretary, designed to reduce traffic accidents and
deaths, injuries, and property damage resulting therefrom. Such
programs shall be in accordance with uniform guidelines
promulgated by the Secretary. Such uniform guidelines shall be
promulgated by the Secretary so as to improve driver
performance (including, but not limited to, driver education,
driver testing to determine proficiency to operate motor
vehicles, driver examinations (both physical and mental) and
driver licensing) and to improve pedestrian performance and
bicycle safety. In addition, such uniform guidelines shall
include programs (1) to reduce injuries and deaths resulting
from motor vehicles being driven in excess of posted speed
limits, (2) to encourage the proper use of occupant protection
devices (including the use of safety belts and child restraint
systems) by occupants of motor [vehicles and to increase public
awareness of the benefit of motor vehicles equipped with
airbags,] vehicles, (3) to reduce deaths and injuries resulting
from persons driving motor vehicles while impaired by alcohol
or a controlled substance, (4) to prevent accidents and reduce
deaths and injuries resulting from accidents involving motor
vehicles and motorcycles, (5) to reduce injuries and deaths
resulting from accidents involving school buses, (6) to reduce
aggressive driving and to educate drivers about defensive
driving, (7) to reduce accidents resulting from fatigued and
distracted drivers, including distractions arising from the use
of electronic devices in vehicles, and [(6)] (8) to improve law
enforcement services in motor vehicle accident prevention,
traffic supervision, and post-accident procedures. The
Secretary shall establish a highway safety program for the
collection and reporting of data on traffic-related deaths and
injuries by the States. Under such program, the States shall
collect and report such data as the Secretary may require. The
purposes of the program are to ensure national uniform data on
such deaths and injuries and to allow the Secretary to make
determinations for use in developing programs to reduce such
deaths and injuries and making recommendations to Congress
concerning legislation necessary to implement such programs.
The program shall provide for annual reports to the Secretary
on the efforts being made by the States in reducing deaths and
injuries occurring at highway construction sites and the
effectiveness and results of such efforts. The Secretary shall
establish minimum reporting criteria for the program. Such
criteria shall include, but not be limited to, criteria on
deaths and injuries resulting from police pursuits, school bus
accidents, aggressive driving, distracted driving, and
speeding, on traffic-related deaths and injuries at highway
construction sites and on the configuration of commercial motor
vehicles involved in motor vehicle accidents. In addition such
uniform guidelines shall include, but not be limited to,
provisions for an effective record system of accidents
(including injuries and deaths resulting therefrom), accident
investigations to determine the probable causes of accidents,
injuries, and deaths, vehicle registration, operation, and
inspection, highway design and maintenance (including lighting,
markings, and surface treatment), traffic control, vehicle
codes and laws, surveillance of traffic for detection and
correction of high or potentially high accident locations,
enforcement of light transmission standards of window glazing
for passenger motor vehicles and light trucks as necessary to
improve highway safety, and emergency services. Such guidelines
as are applicable to State highway safety programs shall, to
the extent determined appropriate by the Secretary, be
applicable to federally administered areas where a Federal
department or agency controls the highways or supervises
traffic operations.
(b) Administration of State programs.
(1) Administrative requirements.--The Secretary may
not approve a State highway safety program under this
section which does not--
(A) provide that the Governor of the State
shall be responsible for the administration of
the program through a State highway safety
agency which shall have adequate powers and be
suitably equipped and organized to carry out,
to the satisfaction of the Secretary, such
program;
(B) authorize political subdivisions of the
State to carry out local highway safety
programs within their jurisdictions as a part
of the State highway safety program if such
local highway safety programs are approved by
the Governor and are in accordance with the
minimum standards established by the Secretary
under this section;
(C) except as provided in paragraph (3),
provide that at least 40 percent of all Federal
funds apportioned under this section to the
State for any fiscal year will be expended by
the political subdivisions of the State,
including Indian tribal governments, in
carrying out local highway safety programs
authorized in accordance with subparagraph (B);
and
(D) provide adequate and reasonable access
for the safe and convenient movement of
individuals with disabilities, including those
in wheelchairs, across curbs constructed or
replaced on or after July 1, 1976, at all
pedestrian crosswalks throughout the State.
(2) Waiver.--The Secretary may waive the requirement
of paragraph (1)(C), in whole or in part, for a fiscal
year for any State whenever the Secretary determines
that there is an insufficient number of local highway
safety programs to justify the expenditure in the State
of such percentage of Federal funds during the fiscal
year.
(3) Use of technology for traffic enforcement.--The
Secretary may encourage States to use technologically
advanced traffic enforcement devices (including the use
of automatic speed detection devices such as photo-
radar) by law enforcement officers.
(c) Funds authorized to be appropriated to carry out this
section shall be used to aid the States to conduct the highway
safety programs approved in accordance with subsection (a),
including development and implementation of manpower training
programs, and of demonstration programs that the Secretary
determines will contribute directly to the reduction of
accidents, and deaths and injuries resulting therefrom. Such
funds shall be subject to a deduction not to exceed 5 per
centum for the necessary costs of administering the provisions
of this section, and the remainder shall be apportioned among
the several States. Such funds shall be apportioned 75 per
centum in the ratio which the population of each State bears to
the total population of all the States, as shown by the latest
available Federal census, and 25 per centum in the ratio which
the public road mileage in each State bears to the total public
road mileage in all States. For the purposes of this
subsection, a ``public road'' means any road under the
jurisdiction of and maintained by a public authority and open
to public travel. Public road mileage as used in this
subsection shall be determined as of the end of the calendar
year preceding the year in which the funds are apportioned and
shall be certified to by the Governor of the State and subject
to approval by the Secretary. The annual apportionment to each
State shall not be less than one-half of 1 per centum of the
total apportionment, except that the apportionment to the
Secretary of the Interior shall not be less than [three-fourths
of 1 percent] 2 percent of the total apportionment and the
apportionments to the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands shall not be
less than one-quarter of 1 per centum of the total
apportionment. The Secretary shall not apportion any funds
under this subsection to any State which is not implementing a
highway safety program approved by the Secretary in accordance
with this section. For the purpose of the seventh sentence of
this subsection, a highway safety program approved by the
Secretary shall not include any requirement that a State
implement such a program by adopting or enforcing any law,
rule, or regulation based on a guideline promulgated by the
Secretary under this section requiring any motorcycle operator
eighteen years of age or older or passenger eighteen years of
age or older to wear a safety helmet when operating or riding a
motorcycle on the streets and highways of that State.
Implementation of a highway safety program under this section
shall not be construed to require the Secretary to require
compliance with every uniform guideline, or with every element
of every uniform guideline, in every State. Funds apportioned
under this section to any State, that does not have a highway
safety program approved by the Secretary or that is not
implementing an approved program, shall be reduced by amounts
equal to not less than 50 per centum of the amounts that would
otherwise be apportioned to the State under this section, until
such time as the Secretary approves such program or determines
that the State is implementing an approved program, as
appropriate. The Secretary shall consider the gravity of the
State's failure to have or implement an approved program in
determining the amount of the reduction. The Secretary shall
promptly apportion to the State the funds withheld from its
apportionment if he approves the State's highway safety program
or determines that the State has begun implementing an approved
program, as appropriate, prior to the end of the fiscal year
for which the funds were withheld. If the Secretary determines
that the State did not correct its failure within such period,
the Secretary shall reapportion the withheld funds to the other
States in accordance with the formula specified in this
subsection not later than 30 days after such determination.
(d) All provisions of chapter 1 of this title that are
applicable to National Highway System highway funds other than
provisions relating to the apportionment formula and provisions
limiting the expenditure of such funds to the Federal-aid
systems, shall apply to the highway safety funds authorized to
be appropriated to carry out this section, except as determined
by the Secretary to be inconsistent with this section, and
except that the aggregate of all expenditures made during any
fiscal year by a State and its political subdivisions
(exclusive of Federal funds) for carrying out the State highway
safety program (other than planning and administration) shall
be available for the purpose of crediting such State during
such fiscal year for the non-Federal share of the cost of any
project under this section (other than one for planning or
administration) without regard to whether such expenditures
were actually made in connection with such project and except
that, in the case of a local highway safety program carried out
by an Indian tribe, if the Secretary is satisfied that an
Indian tribe does not have sufficient funds available to meet
the non-Federal share of the cost of such program, he may
increase the Federal share of the cost thereof payable under
this Act to the extent necessary. In applying such provisions
of chapter 1 in carrying out this section the term ``State
transportation department'' as used in such provisions shall
mean the Governor of a State for the purposes of this section.
(e) Uniform guidelines promulgated by the Secretary to carry
out this section shall be developed in cooperation with the
States, their political subdivisions, appropriate Federal
departments and agencies, and such other public and private
organizations as the Secretary deems appropriate.
(f) The Secretary may make arrangements with other Federal
departments and agencies for assistance in the preparation of
uniform guidelines for the highway safety programs contemplated
by subsection (a) and in the administration of such programs.
Such departments and agencies are directed to cooperate in such
preparation and administration, on a reimbursable basis.
(g) Nothing in this section authorizes the appropriation or
expenditure of funds for (1) highway construction, maintenance,
or design (other than design of safety features of highways to
be incorporated into guidelines) or (2) any purpose for which
funds are authorized by section 403 of this title.
(h) [Repealed]
(i) Application in Indian Country.--
(1) Use of terms.--For the purpose of application of
this section in Indian country, the terms ``State'' and
``Governor of a State'' include the Secretary of the
Interior and the term ``political subdivision of a
State'' includes an Indian tribe.
(2) Expenditures for local highway programs.--
Notwithstanding subsection (b)(1)(C), 95 percent of the
funds apportioned to the Secretary of the Interior
under this section shall be expended by Indian tribes
to carry out highway safety programs within their
jurisdictions.
(3) Access for individuals with disabilities.--The
requirements of subsection (b)(1)(D) shall be
applicable to Indian tribes, except to those tribes
with respect to which the Secretary determines that
application of such provisions would not be
practicable.
(4) Indian country defined.--In this subsection, the
term ``Indian country'' means--
(A) all land within the limits of any Indian
reservation under the jurisdiction of the
United States, notwithstanding the issuance of
any patent and including rights-of-way running
through the reservation;
(B) all dependent Indian communities within
the borders of the United States, whether
within the original or subsequently acquired
territory thereof and whether within or without
the limits of a State; and
(C) all Indian allotments, the Indian titles
to which have not been extinguished, including
rights- of-way running through such allotments.
(j) Rulemaking Proceeding.--The Secretary may periodically
conduct a rulemaking process to identify highway safety
programs that are highly effective in reducing motor vehicle
crashes, injuries, and deaths. Any such rulemaking shall take
into account the major role of the States in implementing such
programs. When a rule promulgated in accordance with this
section takes effect, States shall consider these highly
effective programs when developing their highway safety
programs.
(k)(1) Subject to the provisions of this subsection, the
Secretary shall make a grant to any State which includes, as
part of its highway safety program under section 402 of this
title, the use of a comprehensive computerized safety
recordkeeping system designed to correlate data regarding
traffic accidents, drivers, motor vehicles, and roadways. Any
such grant may only be used by such State to establish and
maintain a comprehensive computerized traffic safety
recordkeeping system or to obtain and operate components to
support highway safety priority programs identified by the
Secretary under this section. Notwithstanding any other
provision of law, if a report, list, schedule, or survey is
prepared by or for a State or political subdivision thereof
under this subsection, such report, list, schedule, or survey
shall not be admitted as evidence or used in any suit or action
for damages arising out of any matter mentioned in such report,
list, schedule, or survey.
(2) No State may receive a grant under this subsection in
more than two fiscal years.
(3) The amount of the grant to any State under this
subsection for the first fiscal year such State is eligible for
a grant under this subsection shall equal 10 per centum of the
amount apportioned to such State for fiscal year 1985 under
this section. The amount of a grant to any State under this
subsection for the second fiscal year such State is eligible
for a grant under this subsection shall equal 10 per centum of
the amount apportioned to such State for fiscal year 1986 under
this section.
(4) A State is eligible for a grant under this subsection
if--
(A) it certifies to the Secretary that it has in
operation a computerized traffic safety recordkeeping
system and identifies proposed means of upgrading the
system acceptable to the Secretary; or
(B) it provides to the Secretary a plan acceptable to
the Secretary for establishing and maintaining a
computerized traffic safety recordkeeping system.
(5) The Secretary, after making the deduction authorized by
the second sentence of subsection (c) of this section for
fiscal years 1985 and 1986, shall set aside 10 per centum of
the remaining funds authorized to be appropriated to carry out
this section for the purpose of making grants under this
subsection. Funds set aside under this subsection shall remain
available for the fiscal year authorized and for the succeeding
fiscal year and any amounts remaining unexpended at the end of
such period shall be apportioned in accordance with the
provisions of subsection (c) of this section.
(l) Limitation Relating to Law Enforcement Vehicular Pursuit
Training.--No State may receive any funds available for fiscal
years after fiscal year 2007 for programs under this chapter
until the State submits to the Secretary a written statement
that the State actively encourages all relevant law enforcement
agencies in that State to follow the guidelines established for
vehicular pursuit issued by the International Association of
Chiefs of Police that are in effect on the date of enactment of
the Highway Safety Grant Program Reauthorization Act of 2005,
or as revised and in effect after that date as determined by
the Secretary.
(m) Consolidation of Grant Applications.--The Secretary shall
establish an approval process by which a State may apply for
all grants included under this chapter through a single
application with a single annual deadline. The Bureau of Indian
Affairs shall establish a similarly simplified process for
applications from Indian tribes.
(n) Administrative Expenses.--Funds authorized to be
appropriated to carry out this section shall be subject to a
deduction, not to exceed 5 percent of the amount of such funds,
for the necessary costs of administering the provisions of this
section, section 405, section 407A, section 410, and section
412 of this chapter.
[Sec. 403. Highway safety research and development
[(a) Authority of the Secretary.--
[(1) In general.--The Secretary is authorized to use
funds appropriated to carry out this section to engage
in research on all phases of highway safety and traffic
conditions.
[(2) Additional authority.--In addition, the
Secretary may use the funds appropriated to carry out
this section, either independently or in cooperation
with other Federal departments or agencies, for--
[(A) training or education of highway safety
personnel, including training in work zone
safety management,
[(B) research fellowships in highway safety,
[(C) development of improved accident
investigation procedures,
[(D) emergency service plans,
[(E) demonstration projects, and
[(F) related research and development
activities which the Secretary deems will
promote the purposes of this section.
[(3) Safety defined.--As used in this section, the
term ``safety'' includes highway safety and highway
safety-related research and development, including
research and development relating to highway and driver
characteristics, crash investigations, communications,
emergency medical care, and transportation of the
injured.
[(b) Drugs and driver behavior.--In addition to the research
authorized by subsection (a), the Secretary, in consultation
with other Government and private agencies as may be necessary,
is authorized to carry out safety research on the following:
[(1) The relationship between the consumption and use
of drugs and their effect upon highway safety and
drivers of motor vehicles.
[(2) Driver behavior research, including the
characteristics of driver performance, the
relationships of mental and physical abilities or
disabilities to the driving task, and the relationship
of frequency of driver crash involvement to highway
safety.
[(3) Measures that may deter drugged driving.
[(4) Programs to train law enforcement officers on
motor vehicle pursuits conducted by the officers.
[(c) The research authorized by subsections (a) and (b) of
this section may be conducted by the Secretary through grants
and contracts with public and private agencies, institutions,
and individuals.
[(d) The Secretary may, where he deems it to be in
furtherance of the purposes of section 402 of this title, vest
in State or local agencies, on such terms and conditions as he
deems appropriate, title to equipment purchased for
demonstration projects with funds authorized by this section.
[(e) In addition to the research authorized by subsection (a)
of this section, the Secretary shall, either independently or
in cooperation with other Federal departments or agencies,
conduct research into, and make grants to or contracts with
State or local agencies, institutions, and individuals for
projects to demonstrate the administrative adjudication of
traffic infractions. Such administrative adjudication
demonstration projects shall be designed to improve highway
safety by developing fair, efficient, and effective processes
and procedures for traffic infraction adjudication, utilizing
appropriate punishment, training, and rehabilitative measures
for traffic offenders. The Secretary shall report to Congress
by July 1, 1975, and each year thereafter during the
continuance of the program, on the research and demonstration
projects authorized by this subsection, and shall include in
such report a comparison of the fairness, efficiency, and
effectiveness of administrative adjudication of traffic
infractions with other methods of handling such infractions.
[(f) Collaborative research and development.--
[(1) In general.--For the purpose of encouraging
innovative solutions to highway safety problems,
stimulating voluntary improvements in highway safety,
and stimulating the marketing of new highway safety-
related technology by private industry, the Secretary
is authorized to undertake, on a cost-shared basis,
collaborative research and development with non-Federal
entities, including State and local governments,
colleges, and universities and corporations,
partnerships, sole proprietorships, and trade
associations that are incorporated or established under
the laws of any State or the United States. This
collaborative research may include crash data
collection and analysis; driver and pedestrian
behavior; and demonstrations of technology.
[(2) Cooperative agreements.--In carrying out this
subsection, the Secretary may enter into cooperative
research and development agreements, as defined in
section 12 of the Stevenson- Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a); except that
in entering into such agreements, the Secretary may
agree to provide not more than 50 percent of the cost
of any research or development project selected by the
Secretary under this subsection.
[(3) Project selection.--In selecting projects to be
conducted under this subsection, the Secretary shall
establish a procedure to consider the views of experts
and the public concerning the project areas.
[(4) Applicability of stevenson-wydler technology
innovation act.--The research, development, or
utilization of any technology pursuant to an agreement
under the provisions of this subsection, including the
terms under which technology may be licensed and the
resulting royalties may be distributed, shall be
subject to the provisions of the Stevenson-Wydler
Technology Innovation Act of 1980.]
Sec. 403. Highway safety research and development
(a) Authority of the Secretary.--The Secretary is authorized
to use funds appropriated to carry out this section to--
(1) conduct research on all phases of highway safety
and traffic conditions, including accident causation,
highway or driver characteristics, communications, and
emergency care;
(2) conduct ongoing research into driver behavior and
its effect on traffic safety;
(3) conduct research on, launch initiatives to
counter, and conduct demonstration projects on fatigued
driving by drivers of motor vehicles and distracted
driving in such vehicles, including the effect that the
use of electronic devices and other factors deemed
relevant by the Secretary have on driving;
(4) conduct training or education programs in
cooperation with other Federal departments and
agencies, States, private sector persons, highway
safety personnel, and law enforcement personnel;
(5) conduct research on, and evaluate the
effectiveness of, traffic safety countermeasures,
including seat belts and impaired driving initiatives;
(6) conduct research on, evaluate, and develop best
practices related to driver education programs,
including driver education curricula, instructor
training and certification, program administration and
delivery mechanisms, and make recommendations for
harmonizing driver education and multistage graduated
licensing systems;
(7) conduct research, training, and education
programs related to older drivers; and
(8) conduct demonstration projects.
(b) Nationwide Traffic Safety Campaigns.--
(1) Requirement for campaigns.--The Administrator of
the National Highway Traffic Safety Administration
shall establish and administer a program under which at
least 2 high-visibility traffic safety law enforcement
campaigns will be carried out for the purposes
specified in paragraph (2) in each of years 2006
through 2009.
(2) Purpose.--The purpose of each law enforcement
campaign is to achieve either or both of the following
objectives:
(A) Reduce alcohol-impaired or drug-impaired
operation of motor vehicles.
(B) Increase use of seat belts by occupants
of motor vehicles.
(3) Advertising.--The Administrator may use, or
authorize the use of, funds available under this
section to pay for the development, production, and use
of broadcast and print media advertising in carrying
out traffic safety law enforcement campaigns under this
subsection. Consideration shall be given to advertising
directed at non-English speaking populations, including
those who listen, read, or watch nontraditional media.
(4) Coordination with states.--The Administrator
shall coordinate with the States in carrying out the
traffic safety law enforcement campaigns under this
subsection, including advertising funded under
paragraph (3), with a view to--
(A) relying on States to provide the law
enforcement resources for the campaigns out of
funding available under this section and
sections 402, 405, and 410 of this title; and
(B) providing out of National Highway Traffic
Safety Administration resources most of the
means necessary for national advertising and
education efforts associated with the law
enforcement campaigns.
(5) Annual evaluation.--The Secretary shall conduct
an annual evaluation of the effectiveness of such
initiatives.
(6) Funding.--The Secretary shall use $24,000,000 in
each of fiscal years 2006 through 2009 for advertising
and educational initiatives to be carried out
nationwide in support of the campaigns under this
section.
(c) International Cooperation.--
(1) Authority.--The Administrator of the National
Highway Traffic Safety Administration may participate
and cooperate in international activities to enhance
highway safety.
(2) Amount for program.--Of the amount available for
a fiscal year to carry out this section, $200,000 may
be used for activities authorized under paragraph (1).
Sec. 404. National Highway Safety Advisory Committee
(a)(1) There is established in the Department of
Transportation a National Highway Safety Advisory Committee,
composed of the Secretary or an officer of the Department
appointed by him, the Federal Highway Administrator, the
National Highway Traffic Safety Administrator, and thirty-five
members appointed by the President, no more than four of whom
shall be Federal officers or employees. The Secretary shall
select the Chairman of the Committee from among the Committee
members. The appointed members, having due regard for the
purposes of this chapter, shall be selected from among
representatives of various State and local governments,
including State legislatures, of public and private interests
contributing to, affected by, or concerned with highway safety,
including the national organizations of passenger car, bus, and
truck owners, and of other public and private agencies,
organizations, or groups demonstrating an active interest in
highway safety, as well as research scientists and other
individuals who are expert in this field.
(2)(A) Each member appointed by the President shall hold
office for a term of three years, except that (i) any member
appointed to fill a vacancy occurring prior to the expiration
of the term for which his predecessor was appointed shall be
appointed for the remainder of such term, and (ii) the terms of
office of members first taking office after the date of
enactment of this section shall expire as follows: Twelve at
the end of one year after the date such committee members are
appointed by the President, twelve at the end of two years
after the date such committee members are appointed by the
President, and eleven at the end of three years after the date
such committee members are appointed, as designated by the
President at the time of appointment, and (iii) the term of any
member shall be extended until the date on which the
successor's appointment is effective. None of the members
appointed by the President who has served a three-year term,
other than Federal officers or employees, shall be eligible for
reappointment within one year following the end of his
preceding term.
(B) Members of the Committee who are not officers or
employees of the United States shall, while attending meetings
or conferences of such Committee or otherwise engaged in the
business of such Committee, be entitled to receive compensation
at a rate fixed by the Secretary, but not exceeding $100 per
diem, including traveltime, and while away from their homes or
regular places of business they may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized in
section 5 of the Administrative Expenses Act of 1946 (5 U.S.C.
73b-2) for persons in the Government service employed
intermittently. Payments under this section shall not render
members of the Committee employees or officials of the United
States for any purpose.
(b) The National Highway Safety Advisory Committee shall
advise, consult with, and make recommendations to, the
Secretary on matters relating to the activities and functions
of the Department in the field of highway safety. The Committee
is authorized (1) to review research projects or programs
submitted to or recommended by it in the field of highway
safety and recommended to the Secretary, for prosecution under
this title, any such projects which it believes show promise of
making valuable contributions to human knowledge with respect
to the cause and prevention of highway accidents; and (2) to
review, prior to issuance, standards proposed to be issued by
order of the Secretary under the provisions of section 402(a)
of this title and to make recommendations thereon. Such
recommendations shall be published in connection with the
Secretary's determination or order.
(c) The National Highway Safety Advisory Committee shall meet
from time to time as the Secretary shall direct, but at least
once each year.
(d) The Secretary shall provide to the National Highway
Safety Committee from among the personnel and facilities of the
Department of [Commerce] Transportation such staff and
facilities as are necessary to carry out the functions of such
Committee.
[Sec. 405. Occupant protection incentive grants
[(a) General authority.--
[(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make
grants under this section to States that adopt and
implement effective programs to reduce highway deaths
and injuries resulting from individuals riding
unrestrained or improperly restrained in motor
vehicles. Such grants may be used by recipient States
only to implement and enforce, as appropriate, such
programs.
[(2) Maintenance of effort.--No grant may be made to
a State under this section in any fiscal year unless
the State enters into such agreements with the
Secretary as the Secretary may require to ensure that
the State will maintain its aggregate expenditures from
all other sources for programs described in paragraph
(1) at or above the average level of such expenditures
in its 2 fiscal years preceding the date of enactment
of the Transportation Equity Act for the 21st Century.
[(3) Maximum period of eligibility.--No State may
receive grants under this section in more than 6 fiscal
years beginning after September 30, 1997.
[(4) Federal share.--The Federal share of the cost of
implementing and enforcing, as appropriate, in a fiscal
year a program adopted by a State pursuant to paragraph
(1) shall not exceed--
[(A) in each of the first and second fiscal
years in which the State receives a grant under
this section, 75 percent;
[(B) in each of the third and fourth fiscal
years in which the State receives a grant under
this section, 50 percent; and
[(C) in each of the fifth and sixth fiscal
years in which the State receives a grant under
this section, 25 percent.
[(b) Grant eligibility.--A State shall become eligible for a
grant under this section by adopting or demonstrating to the
satisfaction of the Secretary at least 4 of the following:
[(1) Safety belt use law.--The State has in effect a
safety belt use law that makes unlawful throughout the
State the operation of a passenger motor vehicle
whenever an individual (other than a child who is
secured in a child restraint system) in the front seat
of the vehicle (and, beginning in fiscal year 2001, in
any seat in the vehicle) does not have a safety belt
properly secured about the individual's body.
[(2) Primary safety belt use law.--The State provides
for primary enforcement of the safety belt use law of
the State.
[(3) Minimum fine or penalty points.--The State
imposes a minimum fine or provides for the imposition
of penalty points against the driver's license of an
individual--
[(A) for a violation of the safety belt use
law of the State; and
[(B) for a violation of the child passenger
protection law of the State.
[(4) Special traffic enforcement program.--The State
has implemented a statewide special traffic enforcement
program for occupant protection that emphasizes
publicity for the program.
[(5) Child passenger protection education program.--
The State has implemented a statewide comprehensive
child passenger protection education program that
includes education programs about proper seating
positions for children in air bag equipped motor
vehicles and instruction on how to reduce the improper
use of child restraint systems.
[(6) Child passenger protection law.--The State has
in effect a law that requires minors who are riding in
a passenger motor vehicle to be properly secured in a
child safety seat or other appropriate restraint
system.
[(c) Grant amounts.--The amount of a grant for which a State
qualifies under this section for a fiscal year shall equal up
to 25 percent of the amount apportioned to the State for fiscal
year 1997 under section 402.
[(d) Administrative expenses.--Funds authorized to be
appropriated to carry out this section in a fiscal year shall
be subject to a deduction not to exceed 5 percent for the
necessary costs of administering the provisions of this
section.
[(e) Applicability of Chapter 1.--The provisions contained in
section 402(d) shall apply to this section.
[(f) Definitions.--In this section, the following definitions
apply:
[(1) Child safety seat.--The term ``child safety
seat'' means any device (except safety belts) designed
for use in a motor vehicle to restrain, seat, or
position a child who weighs 50 pounds or less.
[(2) Motor vehicle.--The term ``motor vehicle'' means
a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public streets,
roads, and highways, but does not include a vehicle
operated only on a rail line.
[(3) Multipurpose passenger vehicle.--The term
``multipurpose passenger vehicle'' means a motor
vehicle with motive power (except a trailer), designed
to carry not more than 10 individuals, that is
constructed either on a truck chassis or with special
features for occasional off-road operation.
[(4) Passenger car.--The term ``passenger car'' means
a motor vehicle with motive power (except a
multipurpose passenger vehicle, motorcycle, or trailer)
designed to carry not more than 10 individuals. (5)
Passenger motor vehicle. The term ``passenger motor
vehicle'' means a passenger car or a multipurpose
passenger motor vehicle.
[(6) Safety belt.--The term ``safety belt'' means--
[(A) with respect to open-body passenger
vehicles, including convertibles, an occupant
restraint system consisting of a lap belt or a
lap belt and a detachable shoulder belt; and
[(B) with respect to other passenger
vehicles, an occupant restraint system
consisting of integrated lap and shoulder
belts.]
Sec. 405. Safety belt performance grants
(a) In General.--The Secretary of Transportation shall make
grants to States in accordance with the provisions of this
section to encourage the enactment and enforcement of laws
requiring the use of safety belts in passenger motor vehicles.
(b) Grants for Enacting Primary Safety Belt Use Laws.--
(1) In general.--The Secretary shall make a single
grant to each State that either--
(A) enacts for the first time after December
31, 2002, has in effect, and is enforcing a
conforming primary safety belt use law for all
passenger motor vehicles; or
(B) in the case of a State that does not have
such a primary safety belt use law, has a State
safety belt use rate for each of the 2 calendar
years immediately preceding the fiscal year of
a grant of 90 percent or more, as measured
under criteria determined by the Secretary.
(2) Amount.--The amount of a grant available to a
State in fiscal year 2006 or in a subsequent fiscal
year under paragraph (1) of this subsection is equal to
500 percent of the amount apportioned to the State for
fiscal year 2003 under section 402(c) of this title.
(3) July 1 cut-off.--For the purpose of determining
the eligibility of a State for a grant under paragraph
(1)(A), a primary safety belt use law enacted after
June 30th of any year shall--
(A) not be considered to have been enacted in
the Federal fiscal year in which that June 30th
falls; but
(B) be considered as if it were enacted after
the beginning of the next Federal fiscal year.
(4) Shortfall.--If the total amount of grants
provided for by this subsection for a fiscal year
exceeds the amount of funds available for such grants
for that fiscal year, then the Secretary shall make
grants under this subsection to States in the order in
which--
(A) the primary safety belt use law came into
effect; or
(B) the State's safety belt use rate was 90
percent or more for 2 consecutive calendar
years (as measured by criteria determined by
the Secretary),
whichever first occurs.
(5) Catch-up grants.--The Secretary shall make a
grant to any State eligible for a grant under this
subsection that did not receive a grant for a fiscal
year because of the application of paragraph (4), in
the next fiscal year if the State's primary safety belt
use law remains in effect or its safety belt use rate
is 90 percent or more for the 2 consecutive calendar
years preceding such next fiscal year (subject to
paragraph (4)).
(c) Grants for Pre-2003 Laws.--To the extent that amounts
made available for any of fiscal years 2006 through 2009 exceed
the total amounts to be awarded under subsection (b) for the
fiscal year, including amounts to be awarded for catch-up
grants under subsection (b)(5), the Secretary shall make a
single grant to each State that enacted, has is effect, and is
enforcing a primary safety belt use law for all passenger motor
vehicles that was in effect before January 1, 2003. The amount
of a grant available to a State under this subsection shall be
equal to 250 percent of the amount of funds apportioned to the
State under section 402(c) of this title for fiscal year 2003.
The Secretary may award the grant in up to 4 installments over
a period of 4 fiscal years beginning with fiscal year 2006.
(d) Allocation of Unused Grant Funds.--The Secretary shall
make additional grants under this section of any amounts
available for grants under this section that, on July 1, 2009,
are neither obligated nor expended. The additional grants made
under this subsection shall be allocated among all States that,
as of that date, have enacted, have in effect, and are
enforcing primary safety belt laws for all passenger motor
vehicles. The allocations shall be made in accordance with the
formula for apportioning funds among the States under section
402(c) of this title.
(e) Use of Grant Funds.--
(1) In general.--Subject to paragraph (2), a State
may use a grant under this section for any safety
purpose under this title or for any project that
corrects or improves a hazardous roadway location or
feature or proactively addresses highway safety
problems, including--
(A) intersection improvements;
(B) pavement and shoulder widening;
(C) installation of rumble strips and other
warning devices;
(D) improving skid resistance;
(E) improvements for pedestrian or bicyclist
safety;
(F) railway-highway crossing safety;
(G) traffic calming;
(H) the elimination of roadside obstacles;
(I) improving highway signage and pavement
marking;
(J) installing priority control systems for
emergency vehicles at signalized intersections;
(K) installing traffic control or warning
devices at locations with high accident
potential;
(L) safety-conscious planning; and
(M) improving crash data collection and
analysis.
(2) Safety activity requirement.--Notwithstanding
paragraph (1), the Secretary shall ensure that at least
$1,000,000,000 of amounts received by States under this
section are obligated or expended for safety activities
under this chapter.
(f) Carry-Forward of Excess Funds.--If the amount available
for grants under this section for any fiscal year exceeds the
sum of the grants made under this section for that fiscal year,
the excess amount and obligational authority shall be carried
forward and made available for grants under this section in the
succeeding fiscal year.
(g) Federal Share.--The Federal share payable for grants
under this subsection is 100 percent.
(h) Passenger Motor Vehicle Defined.--In this section, the
term ``passenger motor vehicle'' means--
(1) a passenger car,
(2) a pickup truck,
(3) a van, minivan, or sport utility vehicle,
with a gross vehicle weight rating of less than 10,000 pounds.
[Sec. 406. School bus driver training
[(a) The Secretary is authorized to make grants to the States
for the purpose of carrying out State programs approved by him
of driver education and training for persons driving school
buses.
[(b) A State program under this section shall be approved by
the Secretary if such program--
[(1) provides for the establishment and enforcement
of qualifications for persons driving school buses;
[(2) provides for initial education and training and
for refresher courses;
[(3) provides for periodic reports to the Secretary
on the results of such program; and
[(4) includes persons driving publicly operated, and
persons driving privately operated, school buses.
[(c) Not less than $7,500,000 of the sums authorized to carry
out section 402 of this title for fiscal year 1976 shall be
obligated to carry out this section. Not less than $7,000,000
of the sums authorized to carry out section 402 of this title
for each of the fiscal years 1977 and 1978 shall be obligated
to carry out this section. All sums authorized to carry out
this section shall be apportioned among the States in
accordance with the formula established under subsection (c) of
section 402 of this title, and shall be available for
obligation in the same manner and to the same extent as if such
funds were apportioned under such subsection (c). The Federal
share payable on account of any project to carry out a program
under this section shall not exceed 75 per centum of the cost
of the project.]
Sec. 406. Older driver safety; law enforcement training
(a) Improving Older Driver Safety.--
(1) In general.--Of the funds made available under
this section, the Secretary shall allocate $2,000,000
in each of fiscal years 2006 through 2009 to conduct a
comprehensive research and demonstration program to
improve traffic safety pertaining to older drivers. The
program shall--
(A) provide information and guidelines to
assist physicians and other related medical
personnel, families, licensing agencies,
enforcement officers, and various public and
transit agencies in enhancing the safety of
older drivers;
(B) improve the scientific basis of medical
standards and screenings strategies used in the
licensing of all drivers in a non-
discriminatory manner;
(C) conduct field tests to assess the safety
benefits and mobility impacts of different
driver licensing strategies and driver
assessment and rehabilitation methods;
(D) assess the value and improve the safety
potential of driver retraining courses of
particular benefit to older drivers; and
(E) conduct other activities to accomplish
the objectives of this section.
(2) Formulation of plan.--After consultation with
affected parties, the Secretary shall formulate an
older driver traffic safety plan to guide the design
and implementation of this program. The plan shall be
submitted to the House of Representatives Committee on
Transportation and Infrastructure and the Senate
Committee on Commerce, Science, and Transportation
within 1 year after the date of enactment of the
Highway Safety Grant Program Reauthorization Act of
2005.
(b) Law Enforcement Training.--
(1) Requirement for program.--The Administrator of
the National Highway Traffic Safety Administration
shall carry out a program to train law enforcement
personnel of each State and political subdivision
thereof in police chase techniques that are consistent
with the police chase guidelines issued by the
International Association of Chiefs of Police.
(2) Amount for program.--Of the amount available for
a fiscal year to carry out this section, $200,000 shall
be available for carrying out this subsection.
Sec. 407. Innovative project grants
(a) In addition to other grants authorized by this chapter,
the Secretary may make grants in any fiscal year to those
States, political subdivisions thereof, and nonprofit
organizations which develop innovative approaches to highway
safety problems in accordance with criteria to be established
by the Secretary in cooperation with the States, political
subdivisions thereof, and such nonprofit organizations as the
Secretary deems appropriate.
(b) The Secretary shall establish a procedure for the
selection of grant applications submitted under this section.
In developing such procedure, the Secretary shall consult with
the States and political subdivisions thereof, appropriate
Federal departments and agencies, and such other public and
nonprofit organizations as the Secretary deems appropriate.
(c) Any State, political subdivision thereof, and nonprofit
organization may make an application under this section to
carry out an innovative project described in subsection (a) of
this section. Such application shall be in such form and
contain such information as the Secretary, by regulation,
prescribes.
(d) Not to exceed 2 per centum of the funds authorized to be
appropriated to carry out this section shall be available to
the Secretary for the necessary costs of administering the
provisions of this section.
(e) The Secretary shall submit an annual report to the
Congress which provides a description of each application
received for a grant under this section and an evaluation of
innovative projects carried out with grants made under this
section.
Sec. 407A. Federal coordination and enhanced support of emergency
medical services
(a) Federal Interagency Committee on Emergency Medical
Services.--
(1) Establishment.--The Secretary of Transportation
and the Secretary of Homeland Security, through the
Under Secretary for Emergency Preparedness and
Response, shall establish a Federal Interagency
Committee on Emergency Medical Services. In
establishing the Interagency Committee, the Secretary
of Transportation and the Secretary of Homeland
Security through the Under Secretary for Emergency
Preparedness and Response shall consult with the
Secretary of Health and Human Services.
(2) Membership.--The Interagency Committee shall
consist of the following officials, or their designees:
(A) The Administrator, National Highway
Traffic Safety Administration.
(B) The Director, Preparedness Division,
Emergency Preparedness and Response
Directorate, Department of Homeland Security.
(C) The Administrator, Health Resources and
Services Administration, Department of Health
and Human Services.
(D) The Director, Centers for Disease Control
and Prevention, Department of Health and Human
Services.
(E) The Administrator, United States Fire
Administration, Emergency Preparedness and
Response Directorate, Department of Homeland
Security.
(F) The Director, Center for Medicare and
Medicaid Services, Department of Health and
Human Services.
(G) The Undersecretary of Defense for
Personnel and Readiness.
(H) The Director, Indian Health Service,
Department of Health and Human Services.
(I) The Chief, Wireless Telecom Bureau,
Federal Communications Commission.
(J) A representative of any other Federal
agency identified by the Secretary of
Transportation or the Secretary of Homeland
Security through the Under Secretary for
Emergency Preparedness and Response, in
consultation with the Secretary of Health and
Human Services, as having a significant role in
relation to the purposes of the Interagency
Committee.
(3) Purposes.--The purposes of the Interagency
Committee are as follows:
(A) To ensure coordination among the Federal
agencies involved with State, local, tribal, or
regional emergency medical services and 9-1-1
systems.
(B) To identify State, local, tribal, or
regional emergency medical services and 9-1-1
needs.
(C) To recommend new or expanded programs,
including grant programs, for improving State,
local, tribal, or regional emergency medical
services and implementing improved emergency
medical services communications technologies,
including wireless 9-1-1.
(D) To identify ways to streamline the
process through which Federal agencies support
State, local, tribal or regional emergency
medical services.
(E) To assist State, local, tribal or
regional emergency medical services in setting
priorities based on identified needs.
(F) To advise, consult, and make
recommendations on matters relating to the
implementation of the coordinated State
emergency medical services programs.
(4) Administration.--The Administrator of the
National Highway Traffic Safety Administration, in
cooperation with the Director, Preparedness Division,
Emergency Preparedness and Response Directorate,
Department of Homeland Security, shall provide
administrative support to the Interagency Committee,
including scheduling meetings, setting agendas, keeping
minutes and records, and producing reports.
(5) Leadership.--The members of the Interagency
Committee shall select a chairperson of the Committee
annually.
(6) Meetings.--The Interagency Committee shall meet
as frequently as is determined necessary by the
chairperson of the Committee.
(7) Annual reports.--The Interagency Committee shall
prepare an annual report to Congress on the Committee's
activities, actions, and recommendations.
(b) Coordinated Nationwide Emergency Medical Services
Program.--
(1) Program requirement.--The Secretary of
Transportation, acting through the Administrator of the
National Highway Traffic Safety Administration, shall
coordinate with officials of other Federal departments
and agencies, and may assist State and local
governments and emergency medical services
organizations (whether or not a firefighter
organization), private industry, and other interested
parties, to ensure the development and implementation
of a coordinated nationwide emergency medical services
program that is designed to strengthen transportation
safety and public health and to implement improved
emergency medical services communication systems,
including 9-1-1.
(2) Coordinated state emergency medical services
program.--Each State shall establish a program, to be
approved by the Secretary, to coordinate the emergency
medical services and resources deployed throughout the
State, so as to ensure--
(A) improved emergency medical services
communication systems, including 9-1-1;
(B) utilization of established best practices
in system design and operations;
(C) implementation of quality assurance
programs; and
(D) incorporation of data collection and
analysis programs that facilitate system
development and data linkages with other
systems and programs useful to emergency
medical services.
(3) Administration of state programs.--The Secretary
may not approve a coordinated State emergency medical
services program under this subsection unless the
program--
(A) provides that the Governor of the State
is responsible for its administration through a
State office of emergency medical services that
has adequate powers and is suitably equipped
and organized to carry out such program and
coordinates such program with the highway
safety office of the State; and
(B) authorizes political subdivisions of the
State to participate in and receive funds under
such program, consistent with a goal of
achieving statewide coordination of emergency
medical services and 9-1-1 activities.
(4) Funding.--
(A) Use of funds.--Funds authorized to be
appropriated to carry out this subsection shall
be used to aid the States in conducting
coordinated emergency medical services and 9-1-
1 programs as described in paragraph (2).
(B) Apportionment.--
(i) Apportionment formula.--The funds
shall be apportioned as follows: 75
percent in the ratio that the
population of each State bears to the
total population of all the States, as
shown by the latest available Federal
census, and 25 percent in the ratio
that the public road mileage in each
State bears to the total public road
mileage in all States. For the purpose
of this subparagraph, the term ``public
road'' means any road under the
jurisdiction of and maintained by a
public authority and open to public
travel. Public road mileage as used in
this subsection shall be determined as
of the end of the calendar year prior
to the year in which the funds are
apportioned and shall be certified by
the Governor of the State and subject
to approval by the Secretary.
(ii) Minimum apportionment.--The
annual apportionment to each State
shall not be less than \1/2\ of 1
percent of the total apportionment,
except that the apportionment to the
Secretary of the Interior on behalf of
Indian tribes shall not be less than
\3/4\ of 1 percent of the total
apportionment, and the apportionments
to the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the
Northern Mariana Islands shall not be
less than \1/4\ of 1 percent of the
total apportionment.
(5) Applicability of chapter 1.--Section 402(d) of
this title shall apply in the administration of this
subsection.
(6) Federal share.--The Federal share of the cost of
a project or program funded under this subsection shall
be 80 percent.
(7) Application in indian country.--
(A) Use of terms.--For the purpose of
application of this subsection in Indian
country, the terms ``State'' and ``Governor of
the State'' include the Secretary of the
Interior and the term ``political subdivisions
of the State'' includes an Indian tribe.
(B) Indian country defined.--In this
subsection, the term ``Indian country'' means--
(i) all land within the limits of any
Indian reservation under the
jurisdiction of the United States,
notwithstanding the issuance of any
patent and including rights-of-way
running through the reservation;
(ii) all dependent Indian communities
within the borders of the United
States, whether within the original or
subsequently acquired territory thereof
and whether within or without the
limits of a State; and
(iii) all Indian allotments, the
Indian titles to which have not been
extinguished, including rights-of-way
running through such allotments.
(c) State Defined.--In this section, the term ``State'' means
each of the 50 States, the District of Columbia, Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and the Secretary of the Interior
on behalf of Indian tribes.
(d) Construction With Respect to District of Columbia.--In
the administration of this section with respect to the District
of Columbia, a reference in this section to the Governor of a
State shall refer to the Mayor of the District of Columbia.
[Sec. 408. Alcohol traffic safety programs
[(a) Subject to the provisions of this section, the Secretary
shall make grants to those States which adopt and implement
effective programs to reduce traffic safety problems resulting
from persons driving while under the influence of alcohol or a
controlled substance. Such grants may only be used by recipient
States to implement and enforce such programs.
[(b) No grant may be made to a State under this section in
any fiscal year unless such State enters into such agreements
with the Secretary as the Secretary may require to ensure that
such State will maintain its aggregate expenditures from all
other sources for alcohol traffic safety programs at or above
the average level of such expenditures in its two fiscal years
preceding the date of enactment of this section.
[(c) No State may receive grants under this section in more
than 5 fiscal years. The Federal share payable for any grant
under this section shall not exceed--
[(1) in the first fiscal year the State receives a
grant under this section, 75 per centum of the cost of
implementing and enforcing in such fiscal year the
alcohol traffic safety program adopted by the State
pursuant to subsection (a);
[(2) in the second fiscal year the State receives a
grant under this section, 50 per centum of the cost of
implementing and enforcing in such fiscal year such
program; and
[(3) in the third, fourth, and fifth fiscal years the
State receives a grant under this section, 25 per
centum of the cost of implementing and enforcing in
such fiscal year such program.
[(d)(1) Subject to subsection (c), the amount of a basic
grant made under this section for any fiscal year to any State
which is eligible for such a grant under subsection (e)(1)
shall equal 30 per centum of the amount apportioned to such
State for fiscal year 1983 under section 402 of this title.
[(2) Subject to subsection (c), the amount of a supplemental
grant made under this section for any fiscal year to any State
which is eligible for such a grant under subsection (e)(2)
shall not exceed 20 per centum of the amount apportioned to
such State for fiscal year 1983 under section 402 of this
title. Such supplemental grant shall be in addition to any
basic grant received by such State.
[(3) Subject to subsection (c), the amount of a special grant
made under this section for any fiscal year to any State which
is eligible for such a grant under subsection (e)(3) shall not
exceed 5 per centum of the amount apportioned to such State for
fiscal year 1984 under sections 402 and 408 of this title. Such
grant shall be in addition to any basic or supplemental grant
received by such State.
[(e)(1) For purposes of this section, a State is eligible for
a basic grant if such State provides--
[(A) for the prompt suspension, for a period not less
than ninety days in the case of a first offender and
not less than one year in the case of any repeat
offender, of the driver's license of any individual who
a law enforcement officer has probable cause under
State law to believe has committed an alcohol-related
traffic offense, and (i) to whom is administered one or
more chemical tests to determine whether the individual
was intoxicated while operating the motor vehicle and
who is determined, as a result of such tests, to be
intoxicated, or (ii) who refuses to submit to such a
test as proposed by the officer;
[(B) for a mandatory sentence, which shall not be
subject to suspension or probation, of (i) imprisonment
for not less than forty-eight consecutive hours, or
(ii) not less than ten days of community service, of
any person convicted of driving while intoxicated more
than once in any five-year period;
[(C) that any person with a blood alcohol
concentration of 0.10 percent or greater when driving a
motor vehicle shall be deemed to be driving while
intoxicated; and
[(D) for increased efforts or resources dedicated to
the enforcement of alcohol-related traffic laws and
increased efforts to inform the public of such
enforcement.
[(2) For purposes of this section, a State is eligible for a
supplemental grant if such State is eligible for a basic grant
and in addition provides for some or all of the criteria
established by the Secretary under subsection (f).
[(3) For the purposes of this section, a State is eligible
for a special grant if the State enacts a statute which
provides that--
[(A) any person convicted of a first violation of
driving under the influence of alcohol shall receive--
[(i) a mandatory license suspension for a
period of not less than ninety days; and either
(ii)(I) an assignment of one hundred hours of
community service; or (II) a minimum sentence
of imprisonment for forty-eight consecutive
hours;
[(B) any person convicted of a second violation of
driving under the influence of alcohol within five
years after a conviction for the same offense, shall
receive a mandatory minimum sentence of imprisonment
for ten days and license revocation for not less than
one year;
[(C) any person convicted of a third or subsequent
violation of driving under the influence of alcohol
within five years after a prior conviction for the same
offense shall--
[(i) receive a mandatory minimum sentence of
imprisonment for one hundred and twenty days;
and
[(ii) have his license revoked for not less
than three years; and
[(D) any person convicted of driving with a suspended
or revoked license or in violation of a restriction due
to driving under the influence of alcohol conviction
shall receive a mandatory sentence of imprisonment for
at least thirty days, and shall upon release from
imprisonment, receive an additional period of license
suspension or revocation of not less than the period of
suspension or revocation remaining in effect at the
time of commission of the offense of driving with a
suspended or revoked license.
[(f) The Secretary shall, by rule, establish criteria for
effective programs to reduce traffic safety problems resulting
from persons driving while under the influence of alcohol,
which criteria shall be in addition to those required for a
basic grant under subsection (e)(1). The Secretary shall
establish such criteria in cooperation with the States and
political subdivisions thereof, appropriate Federal departments
and agencies, and such other public and nonprofit organizations
as the Secretary may deem appropriate. Such criteria may
include, but need not be limited to, requirements--
[(1) for the establishment and maintenance of a
statewide driver recordkeeping system from which repeat
offenders may be identified and which is accessible in
a prompt and timely manner to the courts and to the
public;
[(2) for the creation and operation of rehabilitation
and treatment programs for those arrested and convicted
of driving while intoxicated;
[(3) for the impoundment of any vehicle operated on a
State road by any individual whose driver's license is
suspended or revoked for an alcohol-related driving
offense;
[(4) for the establishment in each major political
subdivision of a State of locally coordinated alcohol
traffic safety programs which are administered by local
officials and are financially self-sufficient;
[(5) for the grant of presentence screening authority
to the courts;
[(6) for the setting of the minimum drinking age in
such State at twenty-one years of age;
[(7) for the consideration of and, where consistent
with other provisions of State law and constitution the
adoption of, recommendations that the Presidential
Commission on Drunk Driving may issue during the period
in which rules are being made to carry out this
section; and
[(8) for the creation and operation of rehabilitation
and treatment programs for those arrested and convicted
of driving while under the influence of a controlled
substance or for the establishment of research programs
to develop effective means of detecting use of
controlled substances by drivers.
[(g) There is hereby authorized to be appropriated to carry
out this section, out of the Highway Trust Fund, $25,000,000
for the fiscal year ending September 30, 1983, and $50,000,000
per fiscal year for each of the fiscal years ending September
30, 1984, and September 30, 1985. All provisions of chapter 1
of this title that are applicable to Federal-aid primary
highway funds, other than provisions relating to the
apportionment formula and provisions limiting the expenditures
of such funds to Federal-aid systems, shall apply to the funds
authorized to be appropriated to carry out this section, except
as determined by the Secretary to be inconsistent with this
section and except that sums authorized by this subsection
shall remain available until expended. Sums authorized by this
subsection shall not be subject to any obligation limitation
for State and community highway safety programs.]
* * * * * * *
Sec. 410. Alcohol-impaired driving countermeasures
(a) General authority.--
(1) Authority to make grants.--Subject to the
requirements of this section, the Secretary shall make
grants to States that adopt and implement effective
programs to reduce traffic safety problems resulting
from individuals driving while under the influence of
alcohol. Such grants may only be used by recipient
States to implement and enforce such programs.
(2) Maintenance of effort.--No grant may be made to a
State under this section in any fiscal year unless the
State enters into such agreements with the Secretary as
the Secretary may require to ensure that the State will
maintain its aggregate expenditures from all other
sources for alcohol traffic safety programs at or above
the average level of such expenditures in its 2 fiscal
years preceding the date of enactment of the
[Transportation Equity Act for the 21st Century.]
Highway Safety Grant Program Reauthorization Act of
2005.
[(3) Maximum period of eligibility.--No State may
receive grants under this section in more than 8 fiscal
years beginning after September 30, 1997.]
[(4)] (3) Federal share.--The Federal share of the
cost of implementing and enforcing in a fiscal year a
program adopted by a State pursuant to paragraph (1)
shall not exceed-- (A) in each of the first and second
fiscal years in which the State receives a grant under
this section, 75 percent; (B) in each of the third and
fourth fiscal years in which the State receives a grant
under this section, 50 percent; and (C) in each of the
fifth, sixth,[,] seventh, and eighth fiscal years in
which the State receives a grant under this section, 25
percent.
[(b) Basic grant eligibility.--
[(1) Basic grant A.--A State shall become eligible
for a grant under this paragraph by adopting or
demonstrating to the satisfaction of the Secretary at
least 5 of the following:
[(A) Administrative license revocation. An
administrative driver's license suspension or
revocation system for individuals who operate
motor vehicles while under the influence of
alcohol that requires that--
[(i) in the case of an individual
who, in any 5-year period beginning
after the date of enactment of the
Transportation Equity Act for the 21st
Century, is determined on the basis of
a chemical test to have been operating
a motor vehicle while under the
influence of alcohol or is determined
to have refused to submit to such a
test as proposed by a law enforcement
officer, the State agency responsible
for administering drivers' licenses,
upon receipt of the report of the law
enforcement officer--
[(I) shall suspend the
driver's license of such
individual for a period of not
less than 90 days if such
individual is a first offender
in such 5-year period; and
[(II) shall suspend the
driver's license of such
individual for a period of not
less than 1 year, or revoke
such license, if such
individual is a repeat offender
in such 5-year period; and
[(ii) the suspension and revocation
referred to under clause (i) shall take
effect not later than 30 days after the
day on which the individual refused to
submit to a chemical test or received
notice of having been determined to be
driving under the influence of alcohol,
in accordance with the procedures of
the State.
[(B) Underage drinking program.--An effective
system, as determined by the Secretary, for
preventing operators of motor vehicles under
age 21 from obtaining alcoholic beverages and
for preventing persons from making alcoholic
beverages available to individuals under age
21. Such system may include the issuance of
drivers' licenses to individuals under age 21
that are easily distinguishable in appearance
from drivers' licenses issued to individuals
age 21 or older and the issuance of drivers'
licenses that are tamper resistant.
[(C) Enforcement program.--Either--
[(i) a statewide program for stopping
motor vehicles on a nondiscriminatory,
lawful basis for the purpose of
determining whether the operators of
such motor vehicles are driving while
under the influence of alcohol; or
[(ii) a statewide special traffic
enforcement program for impaired
driving that emphasizes publicity for
the program.
[(D) Graduated licensing system.--A 3-stage
graduated licensing system for young drivers
that includes nighttime driving restrictions
during the first 2 stages, requires all vehicle
occupants to be properly restrained, and makes
it unlawful for a person under age 21 to
operate a motor vehicle with a blood alcohol
concentration of .02 percent or greater.
[(E) Drivers with high BAC.--Programs to
target individuals with high blood alcohol
concentrations who operate a motor vehicle.
Such programs may include implementation of a
system of graduated penalties and assessment of
individuals convicted of driving under the
influence of alcohol.
[(F) Young adult drinking programs.--Programs
to reduce driving while under the influence of
alcohol by individuals age 21 through 34. Such
programs may include awareness campaigns;
traffic safety partnerships with employers,
colleges, and the hospitality industry;
assessments of first-time offenders; and
incorporation of treatment into judicial
sentencing.
[(G) Testing for BAC.--An effective system
for increasing the rate of testing of the blood
alcohol concentrations of motor vehicle drivers
involved in fatal accidents and, in fiscal year
2001 and each fiscal year thereafter, a rate of
such testing that is equal to or greater than
the national average.
[(2) Basic grant B.--A State shall become eligible
for a grant under this paragraph by adopting or
demonstrating to the satisfaction of the Secretary each
of the following:
[(A) Fatal impaired driver percentage
reduction.--The percentage of fatally injured
drivers with 0.10 percent or greater blood
alcohol concentration in the State has
decreased in each of the 3 most recent calendar
years for which statistics for determining such
percentages are available.
[(B) Fatal impaired driver percentage
comparison. The percentage of fatally injured
drivers with 0.10 percent or greater blood
alcohol concentration in the State has been
lower than the average percentage for all
States in each of the calendar years referred
to in subparagraph (A).
[(3) Basic grant amount.--The amount of a basic grant
made to a State for a fiscal year under this subsection
shall equal up to 25 percent of the amount apportioned
to the State for fiscal year 1997 under section 402.
[(c) Supplemental grants.--
[(1) In general.--Upon receiving an application from
a State, the Secretary may make supplemental grants to
the State for meeting 1 or more of the following
criteria:
[(A) Video equipment for detection of drunk
drivers.--The State provides for a program to
acquire video equipment to be used in detecting
persons who operate motor vehicles while under
the influence of alcohol and in prosecuting
those persons, and to train personnel in the
use of that equipment.
[(B) Self-sustaining drunk driving prevention
program.--The State provides for a self-
sustaining drunk driving prevention program
under which a significant portion of the fines
or surcharges collected from individuals
apprehended and fined for operating a motor
vehicle while under the influence of alcohol
are returned to those communities which have
comprehensive programs for the prevention of
such operations of motor vehicles.
[(C) Reducing driving with a suspended
license.--The State enacts and enforces a law
to reduce driving with a suspended license.
Such law, as determined by the Secretary, may
require a ``zebra'' stripe that is clearly
visible on the license plate of any motor
vehicle owned and operated by a driver with a
suspended license.
[(D) Use of passive alcohol sensors.--The
State provides for a program to acquire passive
alcohol sensors to be used by police officers
in detecting persons who operate motor vehicles
while under the influence of alcohol, and to
train police officers in the use of that
equipment.
[(E) Effective DWI tracking system.--The
State demonstrates an effective driving while
intoxicated (DWI) tracking system. Such a
system, as determined by the Secretary, may
include data covering arrests, case
prosecutions, court dispositions and sanctions,
and provide for the linkage of such data and
traffic records systems to appropriate
jurisdictions and offices within the State.
[(F) Other programs.--The State provides for
other innovative programs to reduce traffic
safety problems resulting from individuals
driving while under the influence of alcohol or
controlled substances, including programs that
seek to achieve such a reduction through legal,
judicial, enforcement, educational,
technological, or other approaches.
[(2) Eligibility.--A State shall be eligible to
receive a grant under this subsection in a fiscal year
only if the State is eligible to receive a grant under
subsection (b) in such fiscal year.
[(3) Funding.--Of the amounts made available to carry
out this section in a fiscal year, not to exceed 10
percent shall be available for making grants under this
subsection.
[(d) Administrative expenses.--Funds authorized to be
appropriated to carry out this section in a fiscal year shall
be subject to a deduction not to exceed 5 percent for the
necessary costs of administering the provisions of this
section.
[(e) Applicability of Chapter 1.--The provisions contained in
section 402(d) shall apply to this section.
[(f) Definitions.--In this section, the following definitions
apply:
[(1) Alcoholic beverage.--The term ``alcoholic
beverage'' has the meaning given such term in section
158(c).
[(2) Controlled substances.--The term ``controlled
substances'' has the meaning given such term in section
102(6) of the Controlled Substances Act (21 U.S.C.
802(6)).
[(3) Motor vehicle.--The term ``motor vehicle'' has
the meaning given such term in section 405.]
(b) Program-Related Eligibility Requirements.--To be eligible
for a grant under this section, a State shall--
(1) for fiscal year 2006 or 2007, carry out 4 of the
programs required under subsection (c);
(2) for fiscal year 2008 or 2009, carry out 5 of the
programs required under subsection (c); and
(3) for any such fiscal year--
(A) comply with the additional requirements
set forth in subsection (d) with respect to
such programs and activities; and
(B) comply with any additional requirements
of the Secretary.
(c) State Programs and Activities.--To qualify for a grant
under this subsection, a State shall select programs from among
the following:
(1) Check-point, saturation patrol program.--
(A) A State program to conduct a series of
high-visibility, Statewide law enforcement
campaigns in which law enforcement personnel
monitor for impaired driving, either through
use of sobriety check-points or saturation
patrols, on a nondiscriminatory, lawful basis
for the purpose of determining whether the
operators of the motor vehicles are driving
while under the influence of alcohol or
controlled substances that meets the
requirements of subparagraphs (B) and (C).
(B) A program meets the requirements of this
subparagraph only if a State organizes the
campaigns in cooperation with related periodic
national campaigns organized by the National
Highway Traffic Safety Administration, but this
subparagraph does not preclude a State from
initiating sustained high-visibility, Statewide
law enforcement campaigns independently of the
cooperative efforts.
(C) A program meets the requirements of this
subparagraph only if, for each fiscal year, a
State demonstrates to the Secretary that the
State and the political subdivisions of the
State that receive funds under this section
have increased, in the aggregate, the total
number of impaired driving law enforcement
activities at high incident locations, as
described in subparagraph (A) (or any other
similar activity approved by the Secretary),
initiated in such State during the preceding
fiscal year by a factor that the Secretary
determines meaningful for the State over the
number of such activities initiated in such
State during the preceding fiscal year, which
shall not be less than 5 percent.
(2) Prosecution and adjudication program.--A State
prosecution and adjudication program under which--
(A) judges and prosecutors are actively
encouraged to prosecute and adjudicate cases of
defendants who repeatedly commit impaired
driving offenses by reducing the use of State
diversion programs, or other means that have
the effect of avoiding or expunging a permanent
record of impaired driving in such cases;
(B) the courts in a majority of the judicial
jurisdictions of the State are monitored on the
courts' adjudication of cases of impaired
driving offenses; or
(C) annual Statewide outreach is provided for
judges and prosecutors on innovative approaches
to the prosecution and adjudication of cases of
impaired driving offenses that have the
potential for significantly improving the
prosecution and adjudication of such cases.
(3) Impaired operator information system.--
(A) A State impaired operator information
system that--
(i) tracks drivers who are arrested
or convicted for violation of laws
prohibiting impaired operation of motor
vehicles;
(ii) includes information about each
case of an impaired driver beginning at
the time of arrest through case
disposition, including information
about any trial, plea, plea agreement,
conviction or other disposition,
sentencing or other imposition of
sanctions, and substance abuse
treatment;
(iii) provides--
(I) accessibility to the
information for law enforcement
personnel Statewide and for
United States law enforcement
personnel; and
(II) linkage for the sharing
of the information and of the
information in State traffic
record systems among
jurisdictions and appropriate
agencies, court systems and
offices of the States;
(iv) shares information with the
National Highway Traffic Safety
Administration for compilation and use
for the tracking of impaired operators
of motor vehicles who move from State
to State; and
(v) meets the requirements of
subparagraphs (B), (C), and (D) of this
paragraph, as applicable.
(B) A program meets the requirements of this
subparagraph only if, during fiscal years 2006
and 2007, a State--
(i) assesses the system used by the
State for tracking drivers who are
arrested or convicted for violation of
laws prohibiting impaired operation of
motor vehicles;
(ii) identifies ways to improve the
system, as well as to enhance the
capability of the system to provide
information in coordination with
impaired operator information systems
of other States; and
(iii) develops a strategic plan that
sets forth the actions to be taken and
the resources necessary to achieve the
identified improvements and to enhance
the capability for coordination with
the systems of other States.
(C) A program meets the requirements of this
subparagraph only if, in each of fiscal years
2008 and 2009, a State demonstrates to the
Secretary that the State has made substantial
and meaningful progress in improving the
State's impaired operator information system,
and makes public a report on the progress of
the information system.
(4) Impaired driving performance.--The percentage of
fatally-injured drivers with 0.08 percent or greater
blood alcohol concentration in the State has decreased
in each of the 2 most recent calendar years for which
data are available.
(5) Self-sustaining impaired driving prevention
program.--A program under which a significant portion
of the fines or surcharges collected from individuals
who are fined for operating a motor vehicle while under
the influence of alcohol are returned to communities
for comprehensive programs for the prevention of
impaired driving.
(6) Programs for drivers with high bac.--A program or
law that establishes a system of graduated sanctions
for individuals convicted of operating a motor vehicle
while under the influence of alcohol, under which
enhanced or additional sanctions apply to such
individuals determined to have a blood alcohol
concentration of 0.15 percent or higher.
(7) Impaired driving courts.--
(A) In general.--A program to consolidate and
coordinate impaired driving cases into courts
that specialize in impaired driving cases, with
the emphasis on tracking and processing
offenders of impaired driving laws,
(hereinafter referred to as DWI courts) that
meets the requirements of this paragraph.
(B) Characteristics.--A DWI Court is a
distinct function performed by a court system
for the purpose of changing the behavior of
alcohol or drug dependent offenders arrested
for driving while impaired. A DWI Court can be
a dedicated court with dedicated personnel,
including judges, prosecutors and probation
officers. A DWI court may be an existing court
system that serves the following essential DWI
Court functions:
(i) A DWI Court performs an
assessment of high-risk offenders
utilizing a team headed by the judge
and including all criminal justice
stakeholders (prosecutors, defense
attorneys, probations officers, law
enforcement personnel and others) along
with alcohol/drug treatment
professionals.
(ii) The DWI Court team recommends a
specific plea agreement or contract for
each offender that can include
incarceration, treatment, and close
community supervision. The agreement
maximizes the probability of
rehabilitation and minimizes the
likelihood of recidivism.
(iii) Compliance with the agreement
is verified with thorough monitoring
and frequent alcohol testing. Periodic
status hearings assess offender
progress and allow an opportunity for
modifying the sentence if necessary.
(C) Assessment.--In the first year of
operation, the States shall assess the number
of court systems in its jurisdiction that are
consistently performing the DWI Court
functions.
(D) Plan.--In the second year of operation,
the State shall develop a strategic plan for
increasing the number of courts performing the
DWI function.
(E) Progress.--In subsequent years of
operation, the State shall demonstrate progress
in increasing the number of DWI Courts and in
increasing the number of high-risk offenders
participating in and successfully completing
DWI Court agreements.
(d) Uses of Grants.--Grants made under this section may be
used for programs and activities described in subsection (c)
and to defray the following costs:
(1) Labor costs, management costs, and equipment
procurement costs for the high-visibility, Statewide
law enforcement campaigns under subsection (c)(1).
(2) The costs of the training of law enforcement
personnel and the procurement of technology and
equipment, such as and including video equipment and
passive alcohol sensors, to counter directly impaired
operation of motor vehicles.
(3) The costs of public awareness, advertising, and
educational campaigns that publicize use of sobriety
check points or increased law enforcement efforts to
counter impaired operation of motor vehicles.
(4) The costs of public awareness, advertising, and
educational campaigns that target impaired operation of
motor vehicles by persons under 34 years of age.
(5) The costs of the development and implementation
of a State impaired operator information system
described in subsection (c)(3).
(6) The costs of operating programs that impound the
vehicle of an individual arrested as an impaired
operator of a motor vehicle for not less than 12 hours
after the operator is arrested.
(e) Additional Authorities for Certain Authorized Uses.--
(1) Combination of grant proceeds.--Grant funds used
for a campaign under subsection (d)(3) may be combined,
or expended in coordination, with proceeds of grants
under section 402 of this title.
(2) Coordination of uses.--Grant funds used for a
campaign under paragraph (3) or (4) of subsection (d)
may be expended--
(A) in coordination with employers, schools,
entities in the hospitality industry, and
nonprofit traffic safety groups; and
(B) in coordination with sporting events and
concerts and other entertainment events.
(f) Funding.--
(1) In general.--Grant funding under this section
shall be allocated among States that meet the
eligibility criteria in subsection (b) on the basis of
the apportionment formula that applies for
apportionments under section 402(c) of this title.
(2) High fatality-rate states.--A State that is among
the 10 States with the highest impaired driving-related
fatality rates for the calendar year immediately
preceding the fiscal year in which the grant may be
made shall be eligible for a grant under this section
if the State meets the requirements of subsection (g).
A State that receives a grant based upon its
eligibility under this paragraph may also receive a
grant under subsection (b) if it meets the eligibility
requirements of that subsection.
(g) Use of Funds by High Fatality-Rate States.--
(1) Required uses.--At least \1/2\ of the amounts
allocated to States under subsection (f)(2) shall be
used for the program described in subsection (c)(1).
(2) Requirement for plan.--A State receiving an
allocation of grant funds under subsection (f)(2) shall
expend those funds only after receiving approval from
the Administrator of the National Highway Traffic
Safety Administration for a plan regarding such
expenditures.
(h) Definitions.--In this section:
(1) Impaired operator.--The term `impaired operator'
means a person who, while operating a motor vehicle--
(A) has a blood alcohol content of 0.08
percent or higher; or
(B) is under the influence of a controlled
substance.
(2) Impaired driving-related fatality rate.--The term
`impaired driving-related fatality rate' means the rate
of alcohol-related fatalities, as calculated in
accordance with regulations which the Administrator of
the National Highway Traffic Safety Administration
shall prescribe.
* * * * * * *
Sec. 412. State traffic safety information system improvements
(a) Grant Authority.--Subject to the requirements of this
section, the Secretary shall make grants of financial
assistance to eligible States to support the development and
implementation of effective programs by such States to--
(1) improve the timeliness, accuracy, completeness,
uniformity, integration, and accessibility of the
safety data of the State that is needed to identify
priorities for national, State, and local highway and
traffic safety programs;
(2) evaluate the effectiveness of efforts to make
such improvements;
(3) link the State data systems, including traffic
records, with other data systems within the State, such
as systems that contain medical, roadway, and economic
data; and
(4) improve the compatibility and interoperability of
the data systems of the State with national data
systems and data systems of other States and enhance
the ability of the Secretary to observe and analyze
national trends in crash occurrences, rates, outcomes,
and circumstances.
(b) First-Year Grants.--
(1) Eligibility.--To be eligible for a first-year
grant under this section in a fiscal year, a State
shall demonstrate to the satisfaction of the Secretary
that the State has--
(A) established a highway safety data and
traffic records coordinating committee with a
multidisciplinary membership that includes,
among others, managers, collectors, and users
of traffic records and public health and injury
control data systems; and
(B) developed a multiyear highway safety data
and traffic records system strategic plan that
addresses existing deficiencies in the State's
highway safety data and traffic records system,
is approved by the highway safety data and
traffic records coordinating committee, and--
(i) specifies how existing
deficiencies in the State's highway
safety data and traffic records system
were identified;
(ii) prioritizes, on the basis of the
identified highway safety data and
traffic records system deficiencies,
the highway safety data and traffic
records system needs and goals of the
State, including the activities under
subsection (a);
(iii) identifies performance-based
measures by which progress toward those
goals will be determined; and
(iv) specifies how the grant funds
and any other funds of the State are to
be used to address needs and goals
identified in the multiyear plan.
(2) Grant amount.--Subject to subsection (d)(3), the
amount of a first-year grant to a State for a fiscal
year shall be the higher of--
(A) the amount determined by multiplying--
(i) the amount appropriated to carry
out this section for such fiscal year,
by
(ii) the ratio that the funds
apportioned to the State under section
402 of this title for fiscal year 2003
bears to the funds apportioned to all
States under such section for fiscal
year 2003; or
(B) $300,000.
(c) Successive Year Grants.--
(1) Eligibility.--A State shall be eligible for a
grant under this subsection in a fiscal year succeeding
the first fiscal year in which the State receives a
grant under subsection (b) if the State, to the
satisfaction of the Secretary--
(A) submits an updated multiyear plan that
meets the requirements of subsection (b)(1)(B);
(B) certifies that its highway safety data
and traffic records coordinating committee
continues to operate and supports the multiyear
plan;
(C) specifies how the grant funds and any
other funds of the State are to be used to
address needs and goals identified in the
multiyear plan;
(D) demonstrates measurable progress toward
achieving the goals and objectives identified
in the multiyear plan; and
(E) includes a current report on the progress
in implementing the multiyear plan.
(2) Grant amount.--Subject to subsection (d)(3), the
amount of a year grant made to a State for a fiscal
year under this subsection shall equal the higher of--
(A) the amount determined by multiplying--
(i) the amount appropriated to carry
out this section for such fiscal year,
by
(ii) the ratio that the funds
apportioned to the State under section
402 of this title for fiscal year 2003
bears to the funds apportioned to all
States under such section for fiscal
year 2003; or
(B) $500,000.
(d) Additional Requirements and Limitations.--
(1) Model data elements.--The Secretary, in
consultation with States and other appropriate parties,
shall determine the model data elements that are useful
for the observation and analysis of State and national
trends in occurrences, rates, outcomes, and
circumstances of motor vehicle traffic accidents. In
order to be eligible for a grant under this section, a
State shall submit to the Secretary a certification
that the State has adopted and uses such model data
elements, or a certification that the State will use
grant funds provided under this section toward adopting
and using the maximum number of such model data
elements as soon as practicable.
(2) Data on use of electronic devices.--The model
data elements required under paragraph (1) shall
include data elements, as determined appropriate by the
Secretary in consultation with the States and with
appropriate elements of the law enforcement community,
on the impact on traffic safety of the use of
electronic devices while driving.
(3) Maintenance of effort.--No grant may be made to a
State under this section in any fiscal year unless the
State enters into such agreements with the Secretary as
the Secretary may require to ensure that the State will
maintain its aggregate expenditures from all other
sources for highway safety data programs at or above
the average level of such expenditures maintained by
such State in the 2 fiscal years preceding the date of
enactment of the Highway Safety Grant Program
Reauthorization Act of 2005.
(4) Federal share.--The Federal share of the cost of
adopting and implementing in a fiscal year a State
program described in subsection (a) may not exceed 80
percent.
(5) Limitation on use of grant proceeds.--A State may
use the proceeds of a grant received under this section
only to implement the program described in subsection
(a) for which the grant is made.
(e) Applicability of Chapter 1.--Section 402(d) of this title
shall apply in the administration of this section.
Sec. 413. Agency accountability
(a) Triennial State Management Reviews.--At least once every
3 years the National Highway Traffic Safety Administration
shall conduct a review of each State highway safety program.
The review shall include a management evaluation of all grant
programs partially or fully funded under this title. The
Administrator shall provide review-based recommendations on how
each State may improve the management and oversight of its
grant activities and may provide a management and oversight
plan.
(b) Recommendations Before Submission.--In order to provide
guidance to State highway safety agencies on matters that
should be addressed in the State highway safety program goals
and initiatives as part of its highway safety plan before the
plan is submitted for review, the Administrator shall provide
non-binding data-based recommendations to each State at least
90 days before the date on which the plan is to be submitted
for approval.
(c) State Program Review.--The Administrator shall--
(1) conduct a program improvement review of any State
that does not make substantial progress over a 3-year
period in meeting its priority program goals; and
(2) provide technical assistance and safety program
recommendations to the State for any goal not achieved.
(d) Regional Harmonization.--The Administration and the
Inspector General of the Department of Transportation shall
undertake a State grant administrative review of the practices
and procedures of the management reviews and program reviews
conducted by Administration regional offices and formulate a
report of best practices to be completed within 180 days after
the date of enactment of the Highway Safety Grant Program
Reauthorization Act of 2005.
(e) Best Practices Guidelines.--
(1) Uniform guidelines.--The Administrator shall
issue uniform management review guidelines and program
review guidelines based on the report under subsection
(d). Each regional office shall use the guidelines in
executing its State administrative review duties.
(2) Publication.--The Administrator shall make the
following documents available via the Internet upon
their completion:
(A) The Administrator's management review
guidelines and the program review guidelines.
(B) State highway safety plans.
(C) State annual accomplishment reports.
(D) The Administrator's State management
reviews.
(E) The Administration's State program
improvement plans.
(3) Reports to state highway safety agencies.--The
Administrator may not make a plan, report, or review
available under paragraph (2) that is directed to a
State highway safety agency until after it has been
submitted to that agency.
(f) Government Accountability Office Review.--The General
Accountability Office shall analyze the effectiveness of the
National Highway Traffic Safety Administration's oversight of
traffic safety grants by determining the usefulness of the
Administration's advice to the States regarding grants
administration and State activities, the extent to which the
States incorporate the Administration's recommendation into
their highway safety plans and programs, and improvements that
result in a State's highway safety program that may be
attributable to the Administration's recommendations. Based on
this analysis, the General Accountability Office shall submit a
report by not later than the end of fiscal year 2008 to the
House of Representatives Committee on Transportation and
Infrastructure and the Senate Committee on Commerce, Science,
and Transportation.
Sec. 414. Motorcyclist safety training and motorist awareness programs
(a) Definitions.--In this section:
(1) Motorcyclist safety training.--The term
``motorcyclist safety training'' means any formal
program of instruction that--
(A) provides accident avoidance and other
safety-oriented operational skills to
motorcyclists, including innovative training
opportunities to meet unique regional needs;
and
(B) is approved for use in a State by the
designated State authority having jurisdiction
over motorcyclist safety issues, which may
include the State Motorcycle Safety
Administrator or a motorcycle advisory council
appointed by the Governor of the State.
(2) Motorist awareness.--The term ``motorist
awareness'' means individual or collective motorist
awareness of--
(A) the presence of motorcycles on or near
roadways; and
(B) safe driving practices that avoid injury
to motorcyclists, bicyclists, and pedestrians.
(3) Motorist awareness program.--The term ``motorist
awareness program'' means any informational or public
awareness program designed to enhance motorist
awareness that is developed by or in coordination with
the designated State authority having jurisdiction over
motorcyclist safety issues, which may include the State
Motorcycle Safety Administrator or, in the absence of a
State Administrator, a motorcycle advisory council
appointed by a Governor of the State.
(4) State.--The term `State' means--
(A) a State;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(b) Eligibility.--Not later than 90 days after the date of
enactment of this section and on September 1 of each fiscal
year thereafter, based on a letter of certification provided by
the Governor of each State, the Secretary shall develop and
publish a list of States that, as of the date of publication of
the list, have established motorcyclist safety training
programs and motorist awareness programs, including information
that indicates--
(1) the level of base funding provided for each such
program for the applicable fiscal year; and
(2) whether the level of base funding provided for
each such program for the applicable fiscal year was
increased, decreased, or maintained from the level of
funding provided for the program for the previous
fiscal year.
(c) Allocation.--Not later than 120 days after the date of
enactment of this section, on October 1, 2004, and on October 1
of each fiscal year thereafter, the Secretary shall allocate to
each State for which the base funding allocated for
motorcyclist safety training and motorist awareness programs
was not less than the amount allocated for the previous year,
not less than $100,000, to be used only for motorcyclist safety
training and motorist awareness programs, including--
(1) improvements to motorcyclist safety training
curricula;
(2) improvements in program delivery to both urban
and rural areas, including--
(A) procurement or repair of practice
motorcycles;
(B) instructional aides; and
(C) mobile training units;
(3) an increase in the recruitment or retention of
motorcyclist safety training instructors certified by a
State Motorcycle Safety Administrator or motorcycle
advisory council appointed by the Governor; and
(4) public awareness, public service announcements,
and other outreach programs to enhance motorist
awareness.
(d) Contracts With Organizations.--The Secretary may enter
into an agreement with an organization that is recommended by
and represents the interests of State Motorcycle Safety
Administrators to review, determine, and disseminate a
description of best practices in motorcycle safety training and
motorist awareness, and to recommend such practices, to State
administrators, governors, State legislative bodies, and chief
licensing officers of States.
(e) Authorization of Appropriations.--From funds available to
carry out section 406 of this title, $5,200,000 shall be made
available for each of fiscal years 2006 through 2009 to carry
out this section.
TITLE 28, UNITED STATES CODE
Sec. 2342. Jurisdiction of court of appeals
The court of appeals (other than the United States Court of
Appeals for the Federal Circuit) has exclusive jurisdiction to
enjoin, set aside, suspend (in whole or in part), or to
determine the validity of--
(1) all final orders of the Federal Communications
Commission made reviewable by section 402(a) of title
47;
(2) all final orders of the Secretary of Agriculture
made under chapters 9 and 20A of title 7, except orders
issued under sections 210(e), 217a, and 499g(a) of
title 7;
(3) all rules, regulations, or final orders of--
(A) the Secretary of Transportation issued
pursuant to section 2, 9, 37, or 41 of the
Shipping Act, 1916 (46 U.S.C. App. 802, 803,
808, 835, 839[, and 841a]) or pursuant to part
B or C of [subtitle IV] subtitle IV, subchapter
III, or chapter 315 of title 49; and
(B) the Federal Maritime Commission issued
pursuant to--
(i) section 19 of the Merchant Marine
Act, 1920 (46 U.S.C. App. 876);
(ii) section 14 or 17 of the Shipping
Act of 1984 (46 U.S.C. App. 1713 or
1716); or
(iii) section 2(d) or 3(d) of the Act
of November 6, 1966 (46 U.S.C. App.
817d(d) or 817e(d)[)];
(4) all final orders of the Atomic Energy Commission
made reviewable by section 2239 of title 42;
(5) all rules, regulations, or final orders of the
Surface Transportation Board made reviewable by section
2321 of this title;
(6) all final orders under section 812 of the Fair
Housing Act; and
(7) all final agency actions described in section
20114(c) of title 49. Jurisdiction is invoked by filing
a petition as provided by section 2344 of this title.
* * * * * * *
TITLE 39, UNITED STATES CODE
Sec. 2003. The Postal Service Fund
(a) There is established in the Treasury of the United States
a revolving fund to be called the Postal Service Fund which
shall be available to the Postal Service without fiscal-year
limitation to carry out the purposes, functions, and powers
authorized by this title.
(b) There shall be deposited in the Fund, subject to
withdrawal by check by the Postal Service--
(1) revenues from postal and nonpostal services
rendered by the Postal Service;
(2) amounts received from obligations issued by the
Postal Service;
(3) amounts appropriated for the use of the Postal
Service;
(4) interest which may be earned on investments of
the Fund;
(5) any other receipts of the Postal Service;
(6) the balance in the Post Office Department Fund
established under former section 2202 of title 39 as of
the commencement of operations of the Postal Service;
(7) amounts (including proceeds from the sale of
forfeited items) from any civil forfeiture conducted by
the Postal Service; [and]
(8) any transfers from the Secretary of the Treasury
from the Department of the Treasury Forfeiture Fund
which shall be available to the Postmaster General only
for Federal law enforcement related [purposes.]
purposes; and
(9) any amounts collected under section 3018 of this
title.
(c) If the Postal Service determines that the moneys of the
Fund are in excess of current needs, it may request the
investment of such amounts as it deems advisable by the
Secretary of the Treasury in obligations of, or obligations
guaranteed by, the Government of the United States, and, with
the approval of the Secretary, in such other obligations or
securities as it deems appropriate.
(d) With the approval of the Secretary of the Treasury, the
Postal Service may deposit moneys of the Fund in any Federal
Reserve bank, any depository for public funds, or in such other
places and in such manner as the Postal Service and the
Secretary may mutually agree.
(e)(1) The Fund shall be available for the payment of all
expenses incurred by the Postal Service in carrying out its
functions as provided by law and, subject to the provisions of
section 3604 of this title, all of the expenses of the Postal
Rate Commission. The Postmaster General shall transfer from the
Fund to the Secretary of the Treasury for deposit in the
Department of the Treasury Forfeiture Fund amounts appropriate
to reflect the degree of participation of Department of the
Treasury law enforcement organizations (described in section
9703(p) of title 31) in the law enforcement effort resulting in
the forfeiture pursuant to laws enforced or administered by the
Postal Service. Neither the Fund nor any of the funds credited
to it shall be subject to apportionment under the provisions of
subchapter II of chapter 15 of title 31.
(2) Funds appropriated to the Postal Service under section
2401 of this title shall be apportioned as provided in this
paragraph. From the total amounts appropriated to the Postal
Service for any fiscal year under the authorizations contained
in section 2401 of this title, the Secretary of the Treasury
shall make available to the Postal Service 25 percent of such
amount at the beginning of each quarter of such fiscal year.
(f) Notwithstanding any other provision of this section, any
amounts appropriated to the Postal Service under subsection (d)
of section 2401 of this title and deposited into the Fund shall
be expended by the Postal Service only for the purposes
provided in such subsection.
(g) Notwithstanding any provision of section 8147 of title 5,
whenever the Secretary of Labor furnishes a statement to the
Postal Service indicating an amount due from the Postal Service
under subsection (b) of that section, the Postal Service shall
make the deposit required pursuant to that statement (and any
additional payment under subsection (c) of that section, to the
extent that it relates to the period covered by such statement)
not later than 30 days after the date on which such statement
is so furnished. Any deposit (and any additional payment) which
is subject to the preceding sentence shall, once made, remain
available without fiscal year limitation.
(h) Liabilities of the former Post Office Department to the
Employees' Compensation Fund (appropriations for which were
authorized by former section 2004, as in effect before the
effective date of this subsection) shall be liabilities of the
Postal Service payable out of the Fund.
* * * * * * *
Sec. 3001. Nonmailable matter
(a) Matter the deposit of which in the mails is punishable
under section 1302, 1341, 1342, 1461, 1463, 1715, 1716, 1717,
or 1738 of title 18, or section 26 of the Animal Welfare Act is
nonmailable.
(b) Except as provided in subsection (c) of this section,
nonmailable matter which reaches the office of delivery, or
which may be seized or detained for violation of law, shall be
disposed of as the Postal Service shall direct.
(c)(1) Matter which--
(A) exceeds the size and weight limits prescribed for
the particular class of mail; or
(B) is of a character perishable within the period
required for transportation and delivery;
is nonmailable.
(2) Matter made nonmailable by this subsection which reaches
the office of destination may be delivered in accordance with
its address, if the party addressed furnishes the name and
address of the sender.
(d) Matter otherwise legally acceptable in the mails which--
(1) is in the form of, and reasonably could be
interpreted or construed as, a bill, invoice, or
statement of account due; but
(2) constitutes, in fact, a solicitation for the
order by the addressee of goods or services, or both;
is nonmailable matter, shall not be carried or delivered by
mail, and shall be disposed of as the Postal Service directs,
unless such matter bears on its face, in conspicuous and
legible type in contrast by typography, layout, or color with
other printing on its face, in accordance with regulations
which the Postal Service shall prescribe--
(A) the following notice: ``This is a
solicitation for the order of goods or
services, or both, and not a bill, invoice, or
statement of account due. You are under no
obligation to make any payments on account of
this offer unless you accept this offer.''; or
(B) in lieu thereof, a notice to the same
effect in words which the Postal Service may
prescribe.
(e)(1) Any matter which is unsolicited by the addressee and
which is designed, adapted, or intended for preventing
conception (except unsolicited samples thereof mailed to a
manufacturer thereof, a dealer therein, a licensed physician or
surgeon, or a nurse, pharmacist, druggist, hospital, or clinic)
is nonmailable matter, shall not be carried or delivered by
mail, and shall be disposed of as the Postal Service directs.
(2) Any unsolicited advertisement of matter which is
designed, adapted, or intended for preventing conception is
nonmailable matter, shall not be carried or delivered by mail,
and shall be disposed of as the Postal Service directs unless
the advertisement--
(A) is mailed to a manufacturer of such matter, a
dealer therein, a licensed physician or surgeon, or a
nurse, pharmacist, druggist, hospital, or clinic; or
(B) accompanies in the same parcel any unsolicited
sample excepted by paragraph (1) of this subsection. An
advertisement shall not be deemed to be unsolicited for
the purposes of this paragraph if it is contained in a
publication for which the addressee has paid or
promised to pay a consideration or which he has
otherwise indicated he desires to receive.
(f) Any matter which is unsolicited by the addressee, which
contains a ``household substance'' (as defined by section 2 of
the Poison Prevention Packaging Act of 1970), and which does
not comply with the requirements for special child-resistant
packaging established for that substance by the Consumer
Product Safety Commission, is nonmailable matter, shall not be
carried or delivered by mail, and shall be disposed of as the
Postal Service directs.
(g)(1) Matter otherwise legally acceptable in the mails which
contains or includes a fragrance advertising sample is
nonmailable matter, shall not be carried or delivered by mail,
and shall be disposed of as the Postal Service directs, unless
the sample is sealed, wrapped, treated, or otherwise prepared
in a manner reasonably designed to prevent individuals from
being unknowingly or involuntarily exposed to the sample.
(2) The Postal Service shall by regulation establish the
standards or requirements which a fragrance advertising sample
must satisfy in order for the mail matter involved not to be
considered nonmailable under this subsection.
(h) Matter otherwise legally acceptable in the mails which
constitutes a solicitation by a nongovernmental entity for the
purchase of or payment for a product or service; and which
reasonably could be interpreted or construed as implying any
Federal Government connection, approval, or endorsement through
the use of a seal, insignia, reference to the Postmaster
General, citation to a Federal statute, name of a Federal
agency, department, commission, or program, trade or brand
name, or any other term or symbol; or contains any reference to
the Postmaster General or a citation to a Federal statute that
misrepresents either the identity of the mailer or the
protection or status afforded such matter by the Federal
Government is nonmailable matter and shall not be carried or
delivered by mail, and shall be disposed of as the Postal
Service directs, unless--
(1) such nongovernmental entity has such expressed
connection, approval or endorsement;
(2)(A) such matter bears on its face, in conspicuous
and legible type in contrast by typography, layout, or
color with other printing on its face, in accordance
with regulations which the Postal Service shall
prescribe, the following notice: ``THIS PRODUCT OR
SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY THE
FEDERAL GOVERNMENT, AND THIS OFFER IS NOT BEING MADE BY
AN AGENCY OF THE FEDERAL GOVERNMENT.'', or a notice to
the same effect in words which the Postal Service may
prescribe;
(B) the envelope or outside cover or wrapper in which
such matter is mailed bears on its face in capital
letters and in conspicuous and legible type, in
accordance with regulations which the Postal Service
shall prescribe, the following notice: ``THIS IS NOT A
GOVERNMENT DOCUMENT.'', or a notice to the same effect
in words which the Postal Service may prescribe; and
(C) such matter does not contain a false
representation stating or implying that Federal
Government benefits or services will be affected by any
purchase or nonpurchase; or
(3) such matter is contained in a publication for
which the addressee has paid or promised to pay a
consideration or which he has otherwise indicated he
desires to receive, except that this paragraph shall
not apply if the solicitation is on behalf of the
publisher of the publication.
(i) Matter otherwise legally acceptable in the mails which
constitutes a solicitation by a nongovernmental entity for
information or the contribution of funds or membership fees and
which reasonably could be interpreted or construed as implying
any Federal Government connection, approval, or endorsement
through the use of a seal, insignia, reference to the
Postmaster General, citation to a Federal statute, name of a
Federal agency, department, commission, or program, trade or
brand name, or any other term or symbol; or contains any
reference to the Postmaster General or a citation to a Federal
statute that misrepresents either the identity of the mailer or
the protection or status afforded such matter by the Federal
Government is nonmailable matter and shall not be carried or
delivered by mail, and shall be disposed of as the Postal
Service directs, unless--
(1) such nongovernmental entity has such expressed
connection, approval or endorsement;
(2)(A) such matter bears on its face, in conspicuous
and legible type in contrast by typography, layout, or
color with other printing on its face, in accordance
with regulations which the Postal Service shall
prescribe, the following notice: ``THIS ORGANIZATION
HAS NOT BEEN APPROVED OR ENDORSED BY THE FEDERAL
GOVERNMENT, AND THIS OFFER IS NOT BEING MADE BY AN
AGENCY OF THE FEDERAL GOVERNMENT.'', or a notice to the
same effect in words which the Postal Service may
prescribe;
(B) the envelope or outside cover or wrapper in which
such matter is mailed bears on its face in capital
letters and in conspicuous and legible type, in
accordance with regulations which the Postal Service
shall prescribe, the following notice: ``THIS IS NOT A
GOVERNMENT DOCUMENT.'', or a notice to the same effect
in words which the Postal Service may prescribe; and
(C) such matter does not contain a false
representation stating or implying that Federal
Government benefits or services will be affected by any
contribution or noncontribution; or
(3) such matter is contained in a publication for
which the addressee has paid or promised to pay a
consideration or which he has otherwise indicated he
desires to receive, except that this paragraph shall
not apply if the solicitation is on behalf of the
publisher of the publication.
(j)(1) Any matter otherwise legally acceptable in the mails
which is described in paragraph (2) is nonmailable matter,
shall not be carried or delivered by mail, and shall be
disposed of as the Postal Service directs.
(2) Matter described in this paragraph is any matter that--
(A) constitutes a solicitation for the purchase of or
payment for any product or service that--
(i) is provided by the Federal Government;
and
(ii) may be obtained without cost from the
Federal Government; and
(B) does not contain a clear and conspicuous
statement giving notice of the information set forth in
clauses (i) and (ii) of subparagraph (A).
(k)(1) In this subsection--
(A) the term ``clearly and conspicuously displayed''
means presented in a manner that is readily noticeable,
readable, and understandable to the group to whom the
applicable matter is disseminated;
(B) the term ``facsimile check'' means any matter
that--
(i) is designed to resemble a check or other
negotiable instrument; but
(ii) is not negotiable;
(C) the term ``skill contest'' means a puzzle, game,
competition, or other contest in which--
(i) a prize is awarded or offered;
(ii) the outcome depends predominately on the
skill of the contestant; and
(iii) a purchase, payment, or donation is
required or implied to be required to enter the
contest; and
(D) the term ``sweepstakes'' means a game of chance
for which no consideration is required to enter.
(2) Except as provided in paragraph (4), any matter otherwise
legally acceptable in the mails which is described in paragraph
(3) is nonmailable matter, shall not be carried or delivered by
mail, and shall be disposed of as the Postal Service directs.
(3) Matter described in this paragraph is any matter that--
(A)(i) includes entry materials for a sweepstakes or
a promotion that purports to be a sweepstakes; and
(ii)(I) does not contain a statement that discloses
in the mailing, in the rules, and on the order or entry
form, that no purchase is necessary to enter such
sweepstakes;
(II) does not contain a statement that discloses in
the mailing, in the rules, and on the order or entry
form, that a purchase will not improve an individual's
chances of winning with such entry;
(III) does not state all terms and conditions of the
sweepstakes promotion, including the rules and entry
procedures for the sweepstakes;
(IV) does not disclose the sponsor or mailer of such
matter and the principal place of business or an
address at which the sponsor or mailer may be
contacted;
(V) does not contain sweepstakes rules that state--
(aa) the estimated odds of winning each
prize;
(bb) the quantity, estimated retail value,
and nature of each prize; and
(cc) the schedule of any payments made over
time;
(VI) represents that individuals not purchasing
products or services may be disqualified from receiving
future sweepstakes mailings;
(VII) requires that a sweepstakes entry be
accompanied by an order or payment for a product or
service previously ordered;
(VIII) represents that an individual is a winner of a
prize unless that individual has won such prize; or
(IX) contains a representation that contradicts, or
is inconsistent with sweepstakes rules or any other
disclosure required to be made under this subsection,
including any statement qualifying, limiting, or
explaining the rules or disclosures in a manner
inconsistent with such rules or disclosures;
(B)(i) includes entry materials for a skill contest
or a promotion that purports to be a skill contest; and
(ii)(I) does not state all terms and conditions of
the skill contest, including the rules and entry
procedures for the skill contest;
(II) does not disclose the sponsor or mailer of the
skill contest and the principal place of business or an
address at which the sponsor or mailer may be
contacted; or
(III) does not contain skill contest rules that
state, as applicable--
(aa) the number of rounds or levels of the
contest and the cost to enter each round or
level;
(bb) that subsequent rounds or levels will be
more difficult to solve;
(cc) the maximum cost to enter all rounds or
levels;
(dd) the estimated number or percentage of
entrants who may correctly solve the skill
contest or the approximate number or percentage
of entrants correctly solving the past 3 skill
contests conducted by the sponsor;
(ee) the identity or description of the
qualifications of the judges if the contest is
judged by other than the sponsor;
(ff) the method used in judging;
(gg) the date by which the winner or winners
will be determined and the date or process by
which prizes will be awarded;
(hh) the quantity, estimated retail value,
and nature of each prize; and
(ii) the schedule of any payments made over
time; or (C) includes any facsimile check that
does not contain a statement on the check
itself that such check is not a negotiable
instrument and has no cash value.
(4) Matter that appears in a magazine, newspaper, or other
periodical shall be exempt from paragraph (2) if such matter--
(A) is not directed to a named individual; or
(B) does not include an opportunity to make a payment
or order a product or service.
(5) Any statement, notice, or disclaimer required under
paragraph (3) shall be clearly and conspicuously displayed. Any
statement, notice, or disclaimer required under subclause (I)
or (II) of paragraph (3)(A)(ii) shall be displayed more
conspicuously than would otherwise be required under the
preceding sentence.
(6) In the enforcement of paragraph (3), the Postal Service
shall consider all of the materials included in the mailing and
the material and language on and visible through the envelope
or outside cover or wrapper in which those materials are
mailed.
(l)(1) Any person who uses the mails for any matter to which
subsection (h), (i), (j), or (k) applies shall adopt reasonable
practices and procedures to prevent the mailing of such matter
to any person who, personally or through a conservator,
guardian, or individual with power of attorney--
(A) submits to the mailer of such matter a written
request that such matter should not be mailed to such
person; or
(B)(i) submits such a written request to the attorney
general of the appropriate State (or any State
government officer who transmits the request to that
attorney general); and
(ii) that attorney general transmits such request to
the mailer.
(2) Any person who mails matter to which subsection (h), (i),
(j), or (k) applies shall maintain or cause to be maintained a
record of all requests made under paragraph (1). The records
shall be maintained in a form to permit the suppression of an
applicable name at the applicable address for a 5-year period
beginning on the date the written request under paragraph (1)
is submitted to the mailer.
(m) Except as otherwise provided by law, proceedings
concerning the mailability of matter under this chapter and
chapters 71 and 83 of title 18 shall be conducted in accordance
with chapters 5 and 7 of title 5.
(n)(1) Except as otherwise authorized by law or regulations
of the Postal Service under section 3018 of this title,
hazardous material is nonmailable.
(2) In this subsection, the term ``hazardous material'' means
a substance or material designated by the Secretary of
Transportation as hazardous material under section 5103(a) of
title 49.
[(n)] (o) The district courts, together with the District
Court of the Virgin Islands and the District Court of Guam,
shall have jurisdiction, upon cause shown, to enjoin violations
of section 1716 of title 18.
* * * * * * *
Sec. 3018. Hazardous material
(a) In General.--The Postal Service shall prescribe
regulations for the safe transportation of hazardous material
in the mails.
(b) Prohibitions.--No person may--
(1) mail or cause to be mailed hazardous material
that has been declared by statute or Postal Service
regulation to be nonmailable;
(2) mail or cause to be mailed hazardous material in
violation of any statute or Postal Service regulation
restricting the time, place, or manner in which
hazardous material may be mailed; or
(3) manufacture, distribute, or sell any container,
packaging kit, or similar device that--
(A) is represented, marked, certified, or
sold by such person for use in the mailing of
hazardous material; and
(B) fails to conform with any statute or
Postal Service regulation setting forth
standards for a container, packaging kit, or
similar device used for the mailing of
hazardous material.
(c) Civil Penalty.--
(1) In general.--A person who knowingly violates this
section or a regulation prescribed under this section
shall be liable to the Postal Service for--
(A) a civil penalty of at least $250, but not
more than $100,000, for each violation;
(B) the costs of any clean-up associated with
such violation; and
(C) damages.
(2) Knowing action.--A person acts knowingly for
purposes of paragraph (1) when--
(A) the person has actual knowledge of the
facts giving rise to the violation; or
(B) a reasonable person acting in the
circumstances and exercising reasonable care
would have had that knowledge.
(3) Knowledge of statute or regulation not element of
offense.--Knowledge of the existence of a statutory
provision or Postal Service regulation is not an
element of an offense under this subsection.
(4) Separate violations.--
(A) Violations over time.--A separate
violation under this subsection occurs for each
day hazardous material, mailed or cause to be
mailed in noncompliance with this section, is
in the mail.
(B) Separate items.--A separate violation
under this subsection occurs for each item
containing hazardous material that is mailed or
caused to be mailed in noncompliance with this
section.
(d) Hearings.--The Postal Service may determine that a person
has violated this section or a regulation prescribed under this
section only after notice and an opportunity for a hearing.
(e) Penalty Considerations.--In determining the amount of a
civil penalty for a violation of this section, the Postal
Service shall consider--
(1) the nature, circumstances, extent, and gravity of
the violation;
(2) with respect to the person who committed the
violation, the degree of culpability, any history of
prior violations, the ability to pay, and any effect on
the ability to continue in business;
(3) the impact on Postal Service operations; and
(4) any other matters that justice requires.
(f) Civil Actions To Collect.--
(1) In general.--In accordance with section 4409(d)
of this title, a civil action may be commenced in an
appropriate district court of the United States to
collect a civil penalty, clean-up costs, and damages
assessed under subsection (c).
(2) Limitation.--In a civil action under paragraph
(1), the validity, amount, and appropriateness of the
civil penalty, clean-up costs, and damages covered by
the civil action shall not be subject to review.
(3) Compromise.--The Postal Service may compromise
the amount a civil penalty, clean-up costs, and damages
assessed under subsection (c) before commencing a civil
action with respect to such civil penalty, clean-up
costs, and damages under paragraph (1).
(g) Civil Judicial Penalties.--
(1) In general.--At the request of the Postal
Service, the Attorney General may bring a civil action
in an appropriate district court of the United States
to enforce this section or a regulation prescribed
under this section.
(2) Relief.--The court in a civil action under
paragraph (1) may award appropriate relief, including a
temporary or permanent injunction, civil penalties as
determined in accordance with this section, or punitive
damages.
(3) Construction.--A civil action under this
subsection shall be in lieu of civil penalties for the
same violation under subsection (c)(1)(A).
(h) Deposit of Amounts Collected.--Amounts collected under
this section shall be deposited into the Postal Service Fund
under section 2003 of this title.
* * * * * * *
TITLE 46, UNITED STATES CODE
Sec. 13103. Allocations
(a) The Secretary shall allocate amounts available for
allocation and distribution under this chapter for State
recreational boating safety programs as follows:
(1) One-third shall be allocated equally each fiscal
year among eligible States.
(2) One-third shall be allocated among eligible
States that maintain a State vessel numbering system
approved under chapter 123 of this title and a marine
casualty reporting system approved under this chapter
so that the amount allocated each fiscal year to each
eligible State will be in the same ratio as the number
of vessels numbered in that State bears to the number
of vessels numbered in all eligible States.
(3) One-third shall be allocated so that the amount
allocated each fiscal year to each eligible State will
be in the same ratio as the amount of State amounts
expended by the State for the State recreational
boating safety program during the prior fiscal year
bears to the total State amounts expended during that
fiscal year by all eligible States for State
recreational boating safety programs.
(b) The amount received by a State under this section in a
fiscal year may be not more than [one-half] 75 percent of the
total cost incurred by that State in developing, carrying out,
and financing that State's recreational boating safety program
in that fiscal year.
(c) The Secretary may allocate not more than 5 percent of the
amounts available for allocation and distribution in a fiscal
year for national boating safety activities of national
nonprofit public service organizations.
Sec. 13104. Availability of allocations
(a)(1) Amounts allocated to a State shall be available for
obligation by that State for a period of [2 years] 3 years
after the date of allocation.
(2) Amounts allocated to a State that are not obligated at
the end of the [2-year] 3-year period referred to in paragraph
(1) shall be withdrawn and allocated by the Secretary in
addition to any other amounts available for allocation in the
fiscal year in which they are withdrawn or the following fiscal
year.
(b) Amounts available to the Secretary for State recreational
boating safety programs for a fiscal year that have not been
allocated at the end of the fiscal year shall be allocated
among States in the next fiscal year in addition to amounts
otherwise available for allocation to States for that next
fiscal year.
Sec. 13106. Authorization of appropriations
(a)(1) Subject to paragraph (2) and subsection (c), the
Secretary shall expend in each fiscal year for State
recreational boating safety programs, under contracts with
States under this chapter, an amount equal to the sum of (A)
the amount appropriated from the Boat Safety Account for that
fiscal year and (B) the amount transferred to the Secretary
under [section 4(b) of the Act of August 9, 1950 (16 U.S.C.
777c(b)).] subsections (a)(2) and (f) of section 4 of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(a)(2) and (f)). The amount shall be allocated as provided
under section 13103 of this title and shall be available for
State recreational boating safety programs as provided under
the guidelines established under subsection (b) of this
section. Amounts authorized to be expended for State
recreational boating safety programs shall remain available
until expended and are deemed to have been expended only if an
amount equal to the total amounts authorized to be expended
under this section for the fiscal year in question and all
prior fiscal years have been obligated. Amounts previously
obligated but released by payment of a final voucher or
modification of a program acceptance shall be credited to the
balance of unobligated amounts and are immediately available
for expenditure.
(2) The Secretary shall use [not less than one percent and]
not more than two percent of the amount available each fiscal
year for State recreational boating safety programs under this
chapter to pay the costs of investigations, personnel, and
activities related to administering those programs.
(b) The Secretary shall establish guidelines prescribing the
purposes for which amounts available under this chapter for
State recreational boating safety programs may be used. Those
purposes shall include--
(1) providing facilities, equipment, and supplies for
boating safety education and law enforcement, including
purchase, operation, maintenance, and repair;
(2) training personnel in skills related to boating
safety and to the enforcement of boating safety laws
and regulations;
(3) providing public boating safety education,
including educational programs and lectures, to the
boating community and the public school system;
(4) acquiring, constructing, or repairing public
access sites used primarily by recreational boaters;
(5) conducting boating safety inspections and marine
casualty investigations;
(6) establishing and maintaining emergency or search
and rescue facilities, and providing emergency or
search and rescue assistance;
(7) establishing and maintaining waterway markers and
other appropriate aids to navigation; and
(8) providing State recreational vessel numbering and
titling programs.
(c)(1) Of the amount transferred to the [Secretary of
Transportation under paragraph (5)(C) of section 4(b)]
Secretary under subsection (a)(2) of section 4 of the Dingell-
Johnson Sport Fish Restoration Act [(16 U.S.C. 777c(b)),
$3,333,336] (16 U.S.C. 777c(a)(2), not more than 5 percent is
available to the Secretary for payment of expenses of the Coast
Guard for personnel and activities directly related to
coordinating and carrying out the national recreational boating
safety program under this title, of which [$1,333,336] not less
than $2,000,000 shall be available to the Secretary only to
ensure compliance with chapter 43 of this title.
(2) No funds available to the Secretary under this subsection
may be used to replace funding traditionally provided through
general appropriations, nor for any purposes except those
purposes authorized by this section.
(3) Amounts made available by this subsection shall remain
available [until expended.] during the 2 succeeding fiscal
years. Any amount that is unexpected or unobligated at the end
of the 3-year period during which it is available shall be
withdrawn by the Secretary and allocated to the States in
addition to any other amounts available for allocation in the
fiscal year in which they are withdrawn or the following fiscal
year.
(4) The Secretary shall publish annually in the Federal
Register a detailed accounting of the projects, programs, and
activities funded under this subsection.
TITLE 49, UNITED STATES CODE
* * * * * * *
Sec. 108. Pipeline and Hazardous Materials Safety Administration
(a) In General.--The Pipeline and Hazardous Materials Safety
Administration shall be an administration in the Department of
Transportation.
(b) Safety as Highest Priority.--In carrying out its duties,
the Administration shall consider the assignment and
maintenance of safety as the highest priority, recognizing the
clear intent, encouragement, and dedication of Congress to the
furtherance of the highest degree of safety in pipeline
transportation and hazardous materials transportation.
(c) Administrator.--The head of the Administration shall be
the Administrator who shall be appointed by the President, by
and with the advice and consent of the Senate, and shall be an
individual with professional experience in pipeline safety,
hazardous materials safety, or other transportation safety. The
Administrator shall report directly to the Secretary of
Transportation.
(d) Deputy Administrator.--The Administration shall have a
Deputy Administrator who shall be appointed by the Secretary.
The Deputy Administrator shall carry out duties and powers
prescribed by the Administrator.
(e) Chief Safety Officer.--The Administration shall have an
Assistant Administrator for Pipeline and Hazardous Materials
Safety appointed in the competitive service by the Secretary.
The Assistant Administrator shall be the Chief Safety Officer
of the Administration. The Assistant Administrator shall carry
out the duties and powers prescribed by the Administrator.
(f) Duties and Powers of the Administrator.--The
Administrator shall carry out--
(1) duties and powers related to pipeline and
hazardous materials transportation and safety vested in
the Secretary by chapters 51, 57, 61, 601, and 603; and
(2) other duties and powers prescribed by the
Secretary.
(g) Limitation.--A duty or power specified in subsection
(f)(1) may be transferred to another part of the Department of
Transportation or another government entity only if
specifically provided by law.
(h) Administrative Authorities.--
(1) Grants, cooperative agreements, and other
transactions.--The Administrator may enter into grants,
cooperative agreements, and other transactions with
Federal agencies, State and local government agencies,
other public entities, private organizations, and other
persons--
(A) to conduct research into transportation
service and infrastructure assurance; and
(B) to carry out other research activities of
the Administration.
(2) Limitation on disclosure of certain
information.--
(A) Limitation.--If the Administrator
determines that particular information
developed in research sponsored by the
Administration may reveal a systemic
vulnerability of transportation service or
infrastructure, such information may be
disclosed only to--
(i) a person responsible for the
security of the transportation service
or infrastructure;
(ii) a person responsible for
protecting public safety; or
(iii) an officer, employee, or agent
of the Federal Government, or a State
or local government, who, as determined
by the Administrator, has need for such
information in the performance of
official duties.
(B) Treatment of release.--The release of
information under subparagraph (A) shall not be
treated as a release to the public for purposes
of section 552 of title 5.
Sec. 351. Judicial review of actions in carrying out certain
transferred duties and powers
[(a) Judicial Review.--An action of the Secretary of
Transportation in carrying out a duty or power transferred
under the Department of Transportation Act (Public Law 89-670,
80 Stat. 931), or an action of the Administrator of the Federal
Railroad Administration, the Federal Highway Administration, or
the Federal Aviation Administration in carrying out a duty or
power specifically assigned to the Administrator by that Act,
may be reviewed judicially to the same extent and in the same
way as if the action had been an action by the department,
agency, or instrumentality of the United States Government
carrying out the duty or power immediately before the transfer
or assignment.]
(a) Judicial Review.--An action of the Secretary of
Transportation in carrying out a duty or power transferred
under the Department of Transportation Act (Public Law 89-670;
80 Stat. 931), or an action of the Administrator of the Federal
Railroad Administration, Federal Motor Carrier Safety
Administration, or the Federal Aviation Administration in
carrying out a duty or power specifically assigned to the
Administrator by that Act, may be reviewed judicially to the
same extent and in the same way as if the action had been an
action by the department, agency, or instrumentality of the
United States Government carrying out the duty or power
immediately before the transfer or assignment.
(b) Application of Procedural Requirements.--A statutory
requirement related to notice, an opportunity for a hearing,
action on the record, or administrative review that applied to
a duty or power transferred by the Act applies to the Secretary
or Administrator when carrying out the duty or power.
(c) Nonapplication.--This section does not apply to a duty or
power transferred from the Interstate Commerce Commission to
the Secretary under section 6(e)(1)-(4) and (6)(A) of the Act.
[Sec. 352. Authority to carry out certain transferred duties and powers
[In carrying out a duty or power transferred under the
Department of Transportation Act (Public Law 89-670, 80 Stat.
931), the Secretary of Transportation and the Administrators of
the Federal Railroad Administration, the Federal Highway
Administration, and the Federal Aviation Administration have
the same authority that was vested in the department, agency,
or instrumentality of the United States Government carrying out
the duty or power immediately before the transfer. An action of
the Secretary or Administrator in carrying out the duty or
power has the same effect as when carried out by the
department, agency, or instrumentality.]
``Sec. 352. Authority to carry out certain transferred duties and
powers
In carrying out a duty or power transferred under the
Department of Transportation Act (Public Law 89-670; 80 Stat.
931), the Secretary of Transportation and the Administrators of
the Federal Railroad Administration, the Federal Motor Carrier
Safety Administration, and the Federal Aviation Administration
have the same authority that was vested in the department,
agency, or instrumentality of the United States Government
carrying out the duty or power immediately before the transfer.
An action of the Secretary or Administrator in carrying out the
duty or power has the same effect as when carried out by the
department, agency, or instrumentality.
Sec. 521. Civil penalties
(a)(1) A person required under section 504 of this title to
make, prepare, preserve, or submit to the Secretary of
Transportation a record about rail carrier transportation, that
does not make, prepare, preserve, or submit that record as
required under that section, is liable to the United States
Government for a civil penalty of $500 for each violation.
(2) A rail carrier, and a lessor, receiver, or trustee of
that carrier, violating section 504(c)(1) of this title, is
liable to the Government for a civil penalty of $100 for each
violation.
(3) A rail carrier, a lessor, receiver, or trustee of that
carrier, a person furnishing cars or protective service against
heat or cold, and an officer, agent, or employee of one of
them, required to make a report to the Secretary or answer a
question, that does not make a report to the Secretary or does
not specifically, completely, and truthfully answer the
question, is liable to the Government for a civil penalty of
$100 for each violation.
(4) A separate violation occurs for each day a violation
under this subsection continues.
(5) Trial in a civil action under this subsection is in the
judicial district in which the rail carrier has its principal
operating office or in a district through which the railroad of
the rail carrier runs.
(b)(1)(A) If the Secretary finds that a violation of a
provision of subchapter III of chapter 311 (except sections
31138 and 31139) or section 31302, 31303, 31304, 31305(b),
31310(g)(1)(A), or 31502 of this title, or a violation of a
regulation issued under any of those provisions, has occurred,
the Secretary shall issue a written notice to the violator.
Such notice shall describe with reasonable particularity the
nature of the violation found and the provision which has been
violated. The notice shall specify the proposed civil penalty,
if any, and suggest actions which might be taken in order to
abate the violation. The notice shall indicate that the
violator may, within 15 days of service, notify the Secretary
of the violator's intention to contest the matter. In the event
of a contested notice, the Secretary shall afford such violator
an opportunity for a hearing, pursuant to section 554 of title
5, following which the Secretary shall issue an order
affirming, modifying, or vacating the notice of violation.
(B) Nonapplicability to reporting and recordkeeping
violations.--Subparagraph (A) shall not apply to reporting and
recordkeeping violations.
(2) Civil Penalty.--
(A) In general.--Except as otherwise provided in this
subsection, any person who is determined by the
Secretary, after notice and opportunity for a hearing,
to have committed an act that is a violation of
regulations issued by the Secretary under subchapter
III of chapter 311 (except sections 31138 and 31139) or
section 31502 of this title shall be liable to the
United States for a civil penalty in an amount not to
exceed $10,000 for each offense. Notwithstanding any
other provision of this section (except subparagraph
(C)), no civil penalty shall be assessed under this
section against an employee for a violation in an
amount exceeding $2,500.
[(B) Recordkeeping and reporting violations.--A
person required to make a report to the Secretary,
answer a question, or make, prepare, or preserve a
record under section 504 of this title or under any
regulation issued by the Secretary pursuant to
subchapter III of chapter 311 (except sections 31138
and 31139) or section 31502 of this title about
transportation by motor carrier, motor carrier of
migrant workers, or motor private carrier, or an
officer, agent, or employee of that person--
[(i) who does not make that report, does not
specifically, completely, and truthfully answer
that question in 30 days from the date the
Secretary requires the question to be answered,
or does not make, prepare, or preserve that
record in the form and manner prescribed by the
Secretary, shall be liable to the United States
for a civil penalty in an amount not to exceed
$500 for each offense, and each day of the
violation shall constitute a separate offense,
except that the total of all civil penalties
assessed against any violator for all offenses
related to any single violation shall not
exceed $5,000; or
[(ii) who knowingly falsifies, destroys,
mutilates, or changes a required report or
record, knowingly files a false report with the
Secretary, knowingly makes or causes or permits
to be made a false or incomplete entry in that
record about an operation or business fact or
transaction, or knowingly makes, prepares, or
preserves a record in violation of a regulation
or order of the Secretary, shall be liable to
the United States for a civil penalty in an
amount not to exceed $5,000 for each violation,
if any such action can be shown to have
misrepresented a fact that constitutes a
violation other than a reporting or
recordkeeping violation.]
(B) Recordkeeping and reporting violations.--A person
required to make a report to the Secretary, answer a
question, or make, prepare, or preserve a record under
section 504 of this title or under any regulation
issued by the Secretary pursuant to subchapter III of
chapter 311 (except sections 31138 and 31139) or
section 31502 of this title about transportation by
motor carrier, motor carrier of migrant workers, or
motor private carrier, or an officer, agent, or
employee of that person--
(i) who does not make that report, does not
specifically, completely, and truthfully answer
that question in 30 days from the date the
Secretary requires the question to be answered,
or does not make, prepare, or preserve that
record in the form and manner prescribed by the
Secretary, shall be liable to the United States
for a civil penalty in an amount not to exceed
$1,000 for each offense, and each day of the
violation shall constitute a separate offense,
except that the total of all civil penalties
assessed against any violator for all offenses
related to any single violation shall not
exceed $10,000; or
(ii) who knowingly falsifies, destroys,
mutilates, or changes a required report or
record, knowingly files a false report with the
Secretary, knowingly makes or causes or permits
to be made a false or incomplete entry in that
record about an operation or business fact or
transaction, or knowingly makes, prepares, or
preserves a record in violation of a regulation
or order of the Secretary, shall be liable to
the United States for a civil penalty in an
amount not to exceed $10,000 for each
violation, if any such action can be shown to
have misrepresented a fact that constitutes a
violation other than a reporting or
recordkeeping violation.
(C) Violations pertaining to CDLS.--Any person who is
determined by the Secretary, after notice and
opportunity for a hearing, to have committed an act
which is a violation of section 31302, 31303, 31304,
31305(b), or 31310(g)(1)(A) of this title shall be
liable to the United States for a civil penalty not to
exceed $2,500 for each offense.
(D) Determination of amount.--The amount of any civil
penalty, and a reasonable time for abatement of the
violation, shall by written order be determined by the
Secretary, taking into account the nature,
circumstances, extent, and gravity of the violation
committed and, with respect to the violator, the degree
of culpability, history of prior offenses, ability to
pay, effect on ability to continue to do business, and
such other matters as justice and public safety may
require. In each case, the assessment shall be
calculated to induce further compliance.
(E) Copying of records and access to equipment, lands, and
buildings.--A motor carrier subject to chapter 51 of subtitle
III, a motor carrier, broker, or freight forwarder subject to
part B of subtitle IV, or the owner or operator of a commercial
motor vehicle subject to part B of subtitle VI of this title
who fails to allow the Secretary, or an employee designated by
the Secretary, promptly upon demand to inspect and copy any
record or inspect and examine equipment, lands, buildings and
other property in accordance with sections 504(c), 5121(c), and
14122(b) of this title shall be liable to the United States for
a civil penalty not to exceed $500 for each offense, and each
day the Secretary is denied the right to inspect and copy any
record or inspect and examine equipment, lands, buildings and
other property shall constitute a separate offense, except that
the total of all civil penalties against any violator for all
offenses related to a single violation shall not exceed $5,000.
It shall be a defense to such penalty that the records did not
exist at the time of the Secretary's request or could not be
timely produced without unreasonable expense or effort. Nothing
herein amends or supersedes any remedy available to the
Secretary under sections 502(d), 507(c), or other provision of
this title.
(3) The Secretary may require any violator served with a
notice of violation to post a copy of such notice or statement
of such notice in such place or places and for such duration as
the Secretary may determine appropriate to aid in the
enforcement of subchapter III of chapter 311 (except sections
31138 and 31139) or section 31302, 31303, 31304, 31305(b), or
31502 of this title, as the case may be.
(4) Such civil penalty may be recovered in an action brought
by the Attorney General on behalf of the United States in the
appropriate district court of the United States or, before
referral to the Attorney General, such civil penalty may be
compromised by the Secretary.
(5)(A) If, upon inspection or investigation, the Secretary
determines that a violation of a provision of subchapter III of
chapter 311 (except sections 31138 and 31139) or section 31302,
31303, 31304, 31305(b), or 31502 of this title or a regulation
issued under any of those provisions, or combination of such
violations, poses an imminent hazard to safety, the Secretary
shall order a vehicle or employee operating such vehicle out of
service, or order an employer to cease all or part of the
employer's commercial motor vehicle operations. In making any
such order, the Secretary shall impose no restriction on any
employee or employer beyond that required to abate the hazard.
Subsequent to the issuance of the order, opportunity for review
shall be provided in accordance with section 554 of title 5,
except that such review shall occur not later than 10 days
after issuance of such order.
(B) In this paragraph, ``imminent hazard'' means any
condition of vehicle, employee, or commercial motor vehicle
operations which substantially increases the likelihood of
serious injury or death if not discontinued immediately.
(6) Criminal Penalties.--
(A) In general.--Any person who knowingly and
willfully violates any provision of subchapter III of
chapter 311 (except sections 31138 and 31139) or
section 31502 of this title, or a regulation issued
under any of those provisions shall, upon conviction,
be subject for each offense to a fine not to exceed
$25,000 or imprisonment for a term not to exceed one
year, or both, except that, if such violator is an
employee, the violator shall only be subject to penalty
if, while operating a commercial motor vehicle, the
violator's activities have led or could have led to
death or serious injury, in which case the violator
shall be subject, upon conviction, to a fine not to
exceed $2,500.
(B) Violations pertaining to CDLS.--Any person who
knowingly and willfully violates--
(i) any provision of section 31302, 31303(b)
or (c), 31304, 31305(b), or 31310(g)(1)(A) of
this title or a regulation issued under such
section, or
(ii) with respect to notification of a
serious traffic violation as defined under
section 31301 of this title, any provision of
section 31303(a) of this title or a regulation
issued under section 31303(a),
shall, upon conviction, be subject for each
offense to a fine not to exceed $5,000 or
imprisonment for a term not to exceed 90 days,
or both.
(7) The Secretary shall issue regulations establishing
penalty schedules designed to induce timely compliance for
persons failing to comply promptly with the requirements set
forth in any notices and orders under this subsection.
(8) Prohibition on operation in interstate commerce after
nonpayment of penalties.--
(A) In general.--An owner or operator of a commercial
motor vehicle against whom a civil penalty is assessed
under this chapter or chapter 51, 149, or 311 of this
title and who does not pay such penalty or fails to
arrange and abide by an acceptable payment plan for
such civil penalty may not operate in interstate
commerce beginning on the 91st day after the date
specified by order of the Secretary for payment of such
penalty. This paragraph shall not apply to any person
who is unable to pay a civil penalty because such
person is a debtor in a case under chapter 11 of title
11, United States Code.
(B) Regulations.--Not later than 12 months after the
date of the enactment of this paragraph, the Secretary,
after notice and an opportunity for public comment,
shall issue regulations setting forth procedures for
ordering commercial motor vehicle owners and operators
delinquent in paying civil penalties to cease
operations until payment has been made.
(9) Any aggrieved person who, after a hearing, is adversely
affected by a final order issued under this section may, within
30 days, petition for review of the order in the United States
Court of Appeals in the circuit wherein the violation is
alleged to have occurred or where the violator has his
principal place of business or residence, or in the United
States Court of Appeals for the District of Columbia Circuit.
Review of the order shall be based on a determination of
whether the Secretary's findings and conclusions were supported
by substantial evidence, or were otherwise not in accordance
with law. No objection that has not been urged before the
Secretary shall be considered by the court, unless reasonable
grounds existed for failure or neglect to do so. The
commencement of proceedings under this subsection shall not,
unless ordered by the court, operate as a stay of the order of
the Secretary.
(10) All penalties and fines collected under this section
shall be deposited into the Highway Trust Fund (other than the
Mass Transit Account).
(11) In any action brought under this section, process may be
served without regard to the territorial limits of the district
of the State in which the action is brought.
(12) In any proceeding for criminal contempt for violation of
an injunction or restraining order issued under this section,
trial shall be by the court, or, upon demand of the accused, by
a jury, conducted in accordance with the provisions of rule
42(b) of the Federal Rules of Criminal Procedure.
(13) The provisions of this subsection shall not affect
chapter 51 of this title or any regulation promulgated by the
Secretary under chapter 51.
(14) As used in this subsection, the terms ``commercial motor
vehicle'', ``employee'', ``employer'', and ``State'' have the
meaning such terms have under section 31132 of this title.
Sec. 5101. Purpose
[The purpose of this chapter is to provide adequate
protection against the risks to life and property inherent in
the transportation of hazardous material in commerce by
improving the regulatory and enforcement authority of the
Secretary of Transportation.]
The purpose of this chapter is to protect against the risks
to life, property, and the environment that are inherent in the
transportation of hazardous material in intrastate, interstate,
and foreign commerce.
Sec. 5102. Definitions
In this chapter--
(1) ``commerce'' means trade or transportation in the
jurisdiction of the United States--
(A) between a place in a State and a place
outside of the State; [or]
(B) that affects trade or transportation
between a place in a State and a place outside
of the [State.] State; or
(C) on a United States-registered aircraft.
(2) ``hazardous material'' means a substance or
material the Secretary of Transportation designates
under section 5103(a) of this title.
(3) ``hazmat employee''--
(A) means an individual--
(i) employed on a fulltime, part
time, or temporary basis by a hazmat
employer; [and]
(ii) is self-employed (including an
owner-operator of a motor vehicle,
vessel, or aircraft) transporting
hazardous material in commerce; and
[(ii)] (iii) who during the course of
fulltime, part time, or temporary
employment directly affects hazardous
material transportation safety as the
Secretary decides by regulation; and
[(B) includes an owner-operator of a motor
vehicle transporting hazardous material in
commerce; and]
[(C)] (B) includes an individual, employed on
a fulltime, part time, or temporary basis by a
hazmat employer, who during the course of
employment--
(i) loads, unloads, or handles
hazardous material;
[(ii) manufactures, reconditions, or
tests containers, drums, and packagings
represented as qualified for use in
transporting hazardous material;]
(ii) designs, manufactures,
fabricates, inspects, marks, maintains,
reconditions, repairs, or tests a
package, container, or packaging
component that is represented, marked,
certified, or sold by that person as
qualified for use in transporting
hazardous material in commerce;
(iii) prepares hazardous material for
transportation;
(iv) is responsible for the safety of
transporting hazardous material; or
(v) operates a vehicle used to
transport hazardous material.
[(4) ``hazmat employer''--
[(A) means a person using at least one
employee of that person in connection with--
[(i) transporting hazardous material
in commerce;
[(ii) causing hazardous material to
be transported in commerce; or
[(iii) manufacturing, reconditioning,
or testing containers, drums, and
packagings represented as qualified for
use in transporting hazardous material;
[(B) includes an owner-operator of a motor
vehicle transporting hazardous material in
commerce; and
[(C) includes a department, agency, or
instrumentality of the United States
Government, or an authority of a State,
political subdivision of a State, or Indian
tribe, carrying out an activity described in
subclause (A)(i), (ii), or (iii) of this clause
(4).]
(4) ``hazmat employer'' means a person--
(A) who--
(i) employs or uses at least 1 hazmat
employee on a full time, part time, or
temporary basis, or
(ii) is self-employed (including an
owner-operator of a motor vehicle,
vessel, or aircraft) transporting
hazardous material in commerce, and
(B) who--
(i) transports hazardous material in
commerce,
(ii) causes hazardous material to be
transported in commerce, or
(iii) designs, manufactures,
fabricates, inspects, marks, maintains,
reconditions, repairs, or tests a
package, container, or packaging
component that is represented, marked,
certified, or sold by that person as
qualified for use in transporting
hazardous material in commerce, and
includes a department, agency, or
instrumentality of the United States
Government, or an authority of a State,
political subdivision of a State, or Indian
tribe, carrying out an activity described in
subparagraph (B).
(5) ``imminent hazard'' means the existence of a
condition relating to hazardous material that presents
a substantial likelihood that death, serious illness,
severe personal injury, or a substantial endangerment
to health, property, or the environment may occur
before the reasonably foreseeable completion date of a
formal proceeding begun to lessen the risk of that
death, illness, injury, or endangerment.
(6) ``Indian tribe'' has the same meaning given that
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
[(7) ``motor carrier'' means a motor carrier, motor
private carrier, and freight forwarder as those terms
are defined in section 13102 of this title.]
(7) ``motor carrier''--
(A) means a motor carrier, motor private
carrier, and freight forwarder as those terms
are defined in section 13102 of this title; but
(B) does not include a freight forwarder, as
so defined, if the freight forwarder is not
performing a function relating to highway
transportation.
(8) [``national response team'' means the national
response team established under the national
contingency plan] ``National Response Team'' means the
National Response Team established under the National
Contingency Plan established under section 105 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605).
(9) ``person'', in addition to its meaning under
section 1 of title 1--
(A) includes a government, Indian tribe, or
authority of a government or tribe [offering
hazardous material for transportation in
commerce or transporting hazardous material to
further a commercial enterprise; but]
(i) offers hazardous material for
transportation in commerce;
(ii) transports hazardous material to
further a commercial enterprise; or
(iii) designs, manufactures,
fabricates, inspects, marks, maintains,
reconditions, repairs, or tests a
package, container, or packaging
component that is represented, marked,
certified, or sold by that person as
qualified for use in transporting
hazardous material in commerce; but
(B) does not include--
(i) the United States Postal Service;
and
(ii) in sections 5123 and 5124 of
this title, a department, agency, or
instrumentality of the Government.
(10) ``public sector employee''--
(A) means an individual employed by a State,
political subdivision of a State, or Indian
tribe and who during the course of employment
has responsibilities related to responding to
an accident or incident involving the
transportation of hazardous material;
(B) includes an individual employed by a
State, political subdivision of a State, or
Indian tribe as a firefighter or law
enforcement officer; and
(C) includes an individual who volunteers to
serve as a firefighter for a State, political
subdivision of a State, or Indian tribe.
(11) ``Secretary'' means the Secretary of
Transportation except as otherwise provided.
[(11)] (12) ``State'' means--
(A) except in section 5119 of this title, a
State of the United States, the District of
Columbia, Puerto Rico, the Northern Mariana
Islands, the Virgin Islands, American Samoa,
Guam, and any other territory or possession of
the United States designated by the Secretary;
and
(B) in section 5119 of this title, a State of
the United States and the District of Columbia.
[(12)] (13) ``transports'' or ``transportation''
means the movement of property and loading, unloading,
or storage incidental to the movement.
[(13)] (14) ``United States'' means all of the
States.
Sec. 5103. General regulatory authority
(a) Designating Material as Hazardous.--The Secretary [of
Transportation] shall designate material (including an
explosive, radioactive material, [etiologic agent, flammable or
combustible liquid or solid, poison, oxidizing or corrosive
material,] infectious substance, flammable or combustible
liquid, solid, or gas, toxic, oxidizing, or corrosive material,
and compressed gas) or a group or class of material as
hazardous when the Secretary [decides] determines that
transporting the material in commerce in a particular amount
and form may pose an unreasonable risk to health and safety or
property.
(b) Regulations for Safe Transportation.--(1) The Secretary
shall prescribe regulations for the safe transportation,
including security, of hazardous material in intrastate,
interstate, and foreign commerce. The regulations--
[(A) apply to a person--
[(i) transporting hazardous material in commerce;
[(ii) causing hazardous material to be transported in
commerce; or
[(iii) manufacturing, fabricating, marking,
maintaining, reconditioning, repairing, or testing a
packaging or a container that is represented, marked,
certified, or sold by that person as qualified for use
in transporting hazardous material in commerce; and]
(A) apply to a person who--
(i) transports hazardous material in
commerce;
(ii) causes hazardous material to be
transported in commerce;
(iii) designs, manufactures,
fabricates, inspects, marks, maintains,
reconditions, repairs, or tests a
package, container, or packaging
component that is represented, marked,
certified, or sold by that person as
qualified for use in transporting
hazardous material in commerce;
(iv) prepares or accepts hazardous
material for transportation in
commerce;
(v) is responsible for the safety of
transporting hazardous material in
commerce;
(vi) certifies compliance with any
requirement under this chapter; or
(vii) misrepresents whether such
person is engaged in any activity under
clause (i) through (vi) of this
subparagraph; and
(B) shall govern safety aspects, including security,
of the transportation of hazardous material the
Secretary considers appropriate.
(2) A proceeding to prescribe the regulations must be
conducted under section 553 of title 5, including an
opportunity for informal oral presentation.
[(C) Consultation.--When prescribing a security regulation or
issuing a security order that affects the safety of the
transportation of hazardous material, the Secretary of Homeland
Security shall consult with the Secretary.]
(c) Consultation.--When prescribing a security regulation or
issuing a security order that affects the safety of the
transportation of hazardous material, the Secretary of Homeland
Security shall consult with the Secretary of Transportation.
Sec. 5103a. Limitation on issuance of hazmat licenses
(a) Limitation.--
(1) Issuance of licenses.--A State may not issue to
any individual a license to operate a motor vehicle
transporting in commerce a hazardous material unless
the Secretary [of Transportation] of Homeland Security
has first determined, upon receipt of a notification
under subsection [(c)(1)(B),] (d)(1)(B), that the
individual does not pose a security risk warranting
denial of the license.
(2) Renewals included.--For the purposes of this
section, the term ``issue'', with respect to a license,
includes renewal of the license.
(b) Hazardous Materials Described.--The limitation in
subsection (a) shall apply with [respect to--
[(1) any material defined as a hazardous material by
the Secretary of Transportation; and
[(2) any chemical or biological material or agent
determined by the Secretary of Health and Human
Services or the Attorney General as being a threat to
the national security of the United States.]
with respect to any material defined as hazardous material by
the Secretary for which the Secretary requires placarding of a
commercial motor vehicle transporting that material in
commerce.
(c) Recommendations on Chemical and Biological Materials.--
The Secretary of Health and Human Services shall recommend to
the Secretary any chemical or biological material or agent for
regulation as a hazardous material under section 5103(a) of
this title if the Secretary of Health and Human Services
determines that such material or agent is a threat to the
national security of the United States.
[(c)] (d) Background Records Check.--
(1) In general.--Upon the request of a State
regarding issuance of a license described in subsection
(a)(1) to an individual, the Attorney General--
(A) shall carry out a background records
check regarding the individual; and
(B) upon completing the background records
check, shall notify the Secretary [of
Transportation] of Homeland Security of the
completion and results of the background
records check.
(2) Scope.--A background records check regarding an
individual under this subsection shall consist of the
following:
(A) A check of the relevant criminal history
data bases.
(B) In the case of an alien, a check of the
relevant data bases to determine the status of
the alien under the immigration laws of the
United States.
(C) As appropriate, a check of the relevant
international data bases through Interpol-U.S.
National Central Bureau or other appropriate
means.
[(d)] (e) Reporting Requirement.--Each State shall submit to
the Secretary [of Transportation] of Homeland Security, at such
time and in such manner as the Secretary may prescribe, the
name, address, and such other information as the Secretary may
require, concerning--
(1) each alien to whom the State issues a license
described in subsection (a); and
(2) each other individual to whom such a license is
issued, as the Secretary may require.
[(e)] (f) Alien Defined.--In this section, the term ``alien''
has the meaning given the term in section 101(a)(3) of the
Immigration and Nationality Act.
Sec. 5104. Representation and tampering
(a) Representation.--A person may represent, by marking or
otherwise, that--
(1) [a container, package, or packaging (or a
component of a container, package, or packaging) for] a
package, component of a package, or packaging for
transporting hazardous material is safe, certified, or
complies with this chapter only if [the container,
package, or packaging (or a component of a container,
package, or packaging) meets] the package, component of
a package, or packaging meets the requirements of each
applicable regulation prescribed under this chapter; or
(2) hazardous material is present in a package,
container, motor vehicle, rail freight car, aircraft,
or vessel only if the material is present.
(b) Tampering.--[A person may not] No person may alter,
remove, destroy, or otherwise tamper unlawfully with--
(1) a marking, label, placard, or description on a
document required under this chapter or a regulation
prescribed under this chapter; or
(2) a package, component of a package, or packaging,
container, motor vehicle, rail freight car, aircraft,
or vessel used to transport hazardous material.
Sec. 5105. Transporting certain highly radioactive material
(a) Definitions.--In this section, ``high-level radioactive
waste'' and ``spent nuclear fuel'' have the same meanings given
those terms in section 2 of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101).
(b) Transportation Safety Study.--In consultation with the
Secretary of Energy, the Nuclear Regulatory Commission,
potentially affected States and Indian tribes, representatives
of the rail transportation industry, and shippers of high-level
radioactive waste and spent nuclear fuel, the Secretary of
Transportation shall conduct a study comparing the safety of
using trains operated only to transport high-level radioactive
waste and spent nuclear fuel with the safety of using other
methods of rail transportation for transporting that waste and
fuel. The Secretary of Transportation shall submit to Congress
not later than November 16, 1991, a report on the results of
the study.
(c) Safe Rail Transportation Regulations.--Not later than
November 16, 1992, after considering the results of the study
conducted under subsection (b) of this section, the Secretary
of Transportation shall prescribe amendments to existing
regulations that the Secretary considers appropriate to provide
for the safe rail transportation of high-level radioactive
waste and spent nuclear fuel, including trains operated only
for transporting high-level radioactive waste and spent nuclear
fuel.
[(d) Routes and Modes Study.--Not later than November 16,
1991, the Secretary of Transportation shall conduct a study to
decide which factors, if any, shippers and carriers should
consider when selecting routes and modes that would enhance
overall public safety related to the transportation of high-
level radioactive waste and spent nuclear fuel. The study shall
include--
[(1) notice and opportunity for public comment; and
[(2) an assessment of the degree to which at least
the following affect the overall public safety of the
transportation:
[(A) population densities.
[(B) types and conditions of modal
infrastructures (including highways, railbeds,
and waterways).
[(C) quantities of high-level radioactive
waste and spent nuclear fuel.
[(D) emergency response capabilities.
[(E) exposure and other risk factors.
[(F) terrain considerations.
[(G) continuity of routes.
[(H) available alternative routes.
[(I) environmental impact factors.]
[(e)] (d) Inspections of Motor Vehicles Transporting Certain
Material.--(1) Not later than November 16, 1991, the Secretary
of Transportation shall require by regulation that before each
use of a motor vehicle to transport a highway-route-controlled
quantity of radioactive material in commerce, the vehicle shall
be inspected and certified as complying with this chapter and
applicable United States motor carrier safety laws and
regulations. The Secretary may require that the inspection be
carried out by an authorized United States Government inspector
or according to appropriate State procedures.
(2) The Secretary of Transportation may allow a person,
transporting or causing to be transported a highway-route-
controlled quantity of radioactive material, to inspect the
motor vehicle used to transport the material and to certify
that the vehicle complies with this chapter. The inspector
qualification requirements the Secretary prescribes for an
individual inspecting a motor vehicle apply to an individual
conducting an inspection under this paragraph.
Sec. 5107. Hazmat employee training requirements and grants
(a) Training Requirements.--The Secretary [of Transportation]
shall prescribe by regulation requirements for training that a
hazmat employer must give hazmat employees of the employer on
the safe loading, unloading, handling, storing, and
transporting of hazardous material and emergency preparedness
for responding to an accident or incident involving the
transportation of hazardous material. The regulations--
(1) shall establish the date, as provided by
subsection (b) of this section, by which the training
shall be completed; and
(2) may provide for different training for different
classes or categories of hazardous material and hazmat
employees.
(b) Beginning and Completing Training.--A hazmat employer
shall begin the training of hazmat employees of the employer
not later than 6 months after the Secretary [of Transportation]
prescribes the regulations under subsection (a) of this
section. The training shall be completed within a reasonable
period of time after--
(1) 6 months after the regulations are prescribed; or
(2) the date on which an individual is to begin
carrying out a duty or power of a hazmat employee if
the individual is employed as a hazmat employee after
the 6-month period.
(c) Certification of Training.--After completing the
training, each hazmat employer shall certify, with
documentation the Secretary [of Transportation] may require by
regulation, that the hazmat employees of the employer have
received training and have been tested on appropriate
transportation areas of responsibility, including at least one
of the following:
(1) recognizing and understanding the Department of
Transportation hazardous material classification
system.
(2) the use and limitations of the Department
hazardous material placarding, labeling, and marking
systems.
(3) general handling procedures, loading and
unloading techniques, and strategies to reduce the
probability of release or damage during or incidental
to transporting hazardous material.
(4) health, safety, and risk factors associated with
hazardous material and the transportation of hazardous
material.
(5) appropriate emergency response and communication
procedures for dealing with an accident or incident
involving hazardous material transportation.
(6) the use of the Department Emergency Response
Guidebook and recognition of its limitations or the use
of equivalent documents and recognition of the
limitations of those documents.
(7) applicable hazardous material transportation
regulations.
(8) personal protection techniques.
(9) preparing a shipping document for transporting
hazardous material.
(d) Coordination of Training Requirements.--In consultation
with the Administrator of the Environmental Protection Agency
and the Secretary of Labor, the Secretary of Transportation
shall ensure that the training requirements prescribed under
this section do not conflict with or duplicate--
(1) the requirements of regulations the Secretary of
Labor prescribes related to hazard communication, and
hazardous waste operations, and emergency response that
are contained in part 1910 of title 29, Code of Federal
Regulations; and
(2) the regulations the Agency prescribes related to
worker protection standards for hazardous waste
operations that are contained in part 311 of title 40,
Code of Federal Regulations.
(e) Training Grants.--The Secretary shall, subject to the
availability of funds under [section 5127(c)(3),] section
5128(b)(1) of this title, make grants for training instructors
to train hazmat employees and, to the extent determined
appropriate by the Secretary, grants for such instructors to
train hazmat employees under this section. A grant under this
subsection shall be made to a nonprofit hazmat employee
organization that demonstrates--
(1) expertise in conducting a training program for
hazmat employees; and
(2) the ability to reach and involve in a training
program a target population of hazmat employees.
(f) Relationship to Other Laws.--(1) Chapter 35 of title 44
does not apply to an activity of the Secretary of
Transportation under subsections (a)-(d) of this section.
(2) An action of the Secretary of Transportation under
subsections (a)-(d) of this section and sections 5106, 5108(a)-
(g)(1) and (h), and 5109 of this title is not an exercise,
under section 4(b)(1) of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 653(b)(1)), of statutory authority to
prescribe or enforce standards or regulations affecting
occupational safety or health.
(g) Existing Effort.--No grant under subsection (e) shall
supplant or replace existing employer-provided hazardous
materials training efforts or obligations.
Sec. 5108. Registration
(a) Persons Required to File.--(1) A person shall file a
registration statement with the Secretary [of Transportation]
under this subsection if the person is transporting or causing
to be transported in commerce any of the following:
(A) a highway-route-controlled quantity of
radioactive material.
(B) more than 25 kilograms of a [class A or B
explosive] Division 1.1, 1.2, or 1.3 explosive material
in a motor vehicle, rail car, or transport container.
(C) more than one liter in each package of a
hazardous material the Secretary designates as
extremely toxic by inhalation.
(D) hazardous material in a bulk packaging,
container, or tank, as defined by the Secretary, if the
bulk packaging, container, or tank has a capacity of at
least 3,500 gallons or more than 468 cubic feet.
(E) a shipment of at least 5,000 pounds (except in a
bulk packaging) of a class of hazardous material for
which placarding of a vehicle, rail car, or freight
container is required under regulations prescribed
under this chapter.
(2) The Secretary [of Transportation] may require any of the
following persons to file a registration statement with the
Secretary under this subsection:
(A) a person transporting or causing to be
transported hazardous material in commerce and not
required to file a registration statement under
paragraph (1) of this subsection.
[(B) a person manufacturing, fabricating, marking,
maintaining, reconditioning, repairing, or testing a
package or container the person represents, marks,
certifies, or sells for use in transporting in commerce
hazardous material the Secretary designates.]
(B) a person designing, manufacturing, fabricating,
inspecting, marking, maintaining, reconditioning,
repairing, or testing a package, container, or
packaging component that is represented, marked,
certified, or sold by that person as qualified for use
in transporting hazardous material in commerce.
(3) A person required to file a registration statement under
this subsection may transport or cause to be transported, or
manufacture, [fabricate, mark, maintain, recondition, repair,
or test a package or]design, manufacture, fabricate, inspect,
mark, maintain, recondition, repair, or test a package,
container packaging component, or container for use in
transporting, hazardous material, only if the person has a
statement on file as required by this subsection.
(4) The Secretary may waive the filing of a registration
statement, or the payment of a fee, required under this
subsection, or both, for any person not domiciled in the United
States who solely offers hazardous materials for transportation
to the United States from a place outside the United States if
the country of which such person is a domiciliary does not
require persons domiciled in the United States who solely offer
hazardous materials for transportation to the foreign country
from places in the United States to file registration
statements, or to pay fees, for making such an offer.
(b) Form, Contents, and Limitation on Filings.--(1) A
registration statement under subsection (a) of this section
shall be in the form and contain information the Secretary [of
Transportation] requires by regulation. The Secretary may use
existing forms of the Department of Transportation and the
Environmental Protection Agency to carry out this subsection.
The statement shall include--
(A) the name and principal place of business of the
registrant;
(B) a description of each activity the registrant
carries out for which filing a statement under
subsection (a) of this section is required; and
(C) each State in which the person carries out [the
activity.] any of the activities.
(2) A person carrying out more than one activity, or an
activity at more than one location, for which filing is
required only has to file one registration statement to comply
with subsection (a) of this section.
[(c) Filing Deadlines and Amendments.--(1) Each person
required to file a registration statement under subsection (a)
of this section must file the first statement not later than
March 31, 1992. The Secretary of Transportation may extend that
date to September 30, 1992, for activities referred to in
subsection (a)(1) of this section. A person shall renew the
statement periodically consistent with regulations the
Secretary prescribes, but not more than once each year and not
less than once every 5 years.
[(2) The Secretary of Transportation shall decide by
regulation when and under what circumstances a registration
statement must be amended and the procedures to follow in
amending the statement.]
(c) Filing.--Each person required to file a registration
statement under subsection (a) of this section shall file the
statement in accordance with regulations prescribed by the
Secretary.
(d) Simplifying the Registration Process.--The Secretary [of
Transportation] may take necessary action to simplify the
registration process under subsections (a)-(c) of this section
and to minimize the number of applications, documents, and
other information a person is required to file under this
chapter and other laws of the United States.
(e) Cooperation With Administrator.--The Administrator of the
Environmental Protection Agency shall assist the Secretary [of
Transportation] in carrying out subsections (a)-(g)(1) and (h)
of this section by providing the Secretary with information the
Secretary requests to carry out the objectives of subsections
(a)-(g)(1) and (h).
(f) Availability of Statements.--The Secretary [of
Transportation] shall make a registration statement filed under
subsection (a) of this section available for inspection by any
person for a fee the Secretary establishes. However, this
subsection does not require the release of information
described in section 552(b) of title 5 or otherwise protected
by law from disclosure to the public.
(g) Fees.--(1) The Secretary [of Transportation may
establish,] shall establish, impose, and collect from a person
required to file a registration statement under subsection (a)
of this section a fee necessary to pay for the costs of the
Secretary in processing the statement.
(2)(A) In addition to a fee established under paragraph (1)
of this subsection, the Secretary [of Transportation] shall
establish and impose by regulation and collect an annual fee.
Subject to subparagraph (B) of this paragraph, the fee shall be
at least $250 but not more than [$5,000] $3,000 from each
person required to file a registration statement under this
section. The Secretary shall determine the amount of the fee
under this paragraph on at least one of the following:
(i) gross revenue from transporting hazardous
material.
(ii) the type of hazardous material transported or
caused to be transported.
(iii) the amount of hazardous material transported or
caused to be transported.
(iv) the number of shipments of hazardous material.
(v) the number of activities that the person carries
out for which filing a registration statement is
required under this section.
(vi) the threat to property, individuals, and the
environment from an accident or incident involving the
hazardous material transported or caused to be
transported.
(vii) the percentage of gross revenue derived from
transporting hazardous material.
(viii) the amount to be made available to carry out
sections 5108(g)(2), 5115, and 5116 of this title.
(ix) other factors the Secretary considers
appropriate.
(B) The Secretary [of Transportation] shall adjust the amount
being collected under this paragraph to reflect any unexpended
balance in the account established under section 5116(i) of
this title. However, the Secretary is not required to refund
any fee collected under this paragraph.
(C) The Secretary [of Transportation] shall transfer to the
Secretary of the Treasury amounts the Secretary [of
Transportation] collects under this paragraph for deposit in
[the account the Secretary of the Treasury establishes] the
Emergency Response Fund established under section 5116(i) of
this title.
(h) Maintaining Proof of Filing and Payment of Fees.--The
Secretary [of Transportation] may prescribe regulations
requiring a person required to file a registration statement
under subsection (a) of this section to maintain proof of the
filing and payment of fees imposed under subsection (g) of this
section.
(i) Relationship to Other Laws.--(1) Chapter 35 of title 44
does not apply to an activity of the Secretary [of
Transportation] under subsections (a)-(g)(1) and (h) of this
section.
(2)(A) This section does not apply to an employee of a hazmat
employer.
(B) Subsections (a)-(h) of this section do not apply to a
department, agency, or instrumentality of the United States
Government, an authority of a State or political subdivision of
a State, an Indian tribe, or an employee of a department,
agency, instrumentality, or authority carrying out official
duties.
Sec. 5110. Shipping papers and disclosure
(a) Providing Shipping Papers.--Each person offering for
transportation in commerce hazardous material to which the
shipping paper requirements of the Secretary [of
Transportation] apply shall provide to the carrier providing
the transportation a shipping paper that makes the disclosures
the Secretary prescribes [under subsection (b) of this
section.] in regulations.
[(b) Considerations and Requirements.--In carrying out
subsection (a) of this section, the Secretary shall consider
and may require--
[(1) a description of the hazardous material,
including the proper shipping name;
[(2) the hazard class of the hazardous material;
[(3) the identification number (UN/NA) of the
hazardous material;
[(4) immediate first action emergency response
information or a way for appropriate reference to the
information (that must be available immediately); and
[(5) a telephone number for obtaining more specific
handling and mitigation information about the hazardous
material at any time during which the material is
transported.]
[(c)] (b) Keeping Shipping Papers on the Vehicle.--(1) A
motor carrier, and the person offering the hazardous material
for transportation if a private motor carrier, shall keep the
shipping paper on the vehicle transporting the material.
(2) Except as provided in paragraph (1) of this subsection,
the shipping paper shall be kept in a location the Secretary
specifies in a motor vehicle, train, vessel, aircraft, or
facility until--
(A) the hazardous material no longer is in
transportation; or
(B) the documents are made available to a
representative of a department, agency, or
instrumentality of the United States Government or a
State or local authority responding to an accident or
incident involving the motor vehicle, train, vessel,
aircraft, or facility.
[(d)] (c) Disclosure to Emergency Response Authorities.--When
an incident involving hazardous material being transported in
commerce occurs, the person transporting the material,
immediately on request of appropriate emergency response
authorities, shall disclose to the authorities information
about the material.
[(e) Retention of Papers.--After the hazardous material to
which a shipping paper provided to a carrier under subsection
(a) applies is no longer in transportation, the person who
provided the shipping paper and the carrier required to
maintain it under subsection (a) shall retain the paper or
electronic image thereof for a period of 1 year to be
accessible through their respective principal places of
business. Such person and carrier shall, upon request, make the
shipping paper available to a Federal, State, or local
government agency at reasonable times and locations.]
(d) Retention of Papers.--
(1) Shippers.--The person who provides the shipping
paper under this section shall retain the paper, or an
electronic format of it, for a period of 3 years after
the date that the shipping paper is provided to the
carrier, with the paper or electronic format to be
accessible through the shipper's principal place of
business.
(2) Carriers.--The carrier required to keep the
shipping paper under this section, shall retain the
paper, or an electronic format of it, for a period of 1
year after the date that the shipping paper is provided
to the carrier, with the paper or electronic format to
be accessible through the carrier's principal place of
business.
(3) Availability to government agencies.--Any person
required to keep a shipping paper under this subsection
shall, upon request, make it available to a Federal,
State, or local government agency at reasonable times
and locations.
[Sec. 5111. Rail tank cars
[A rail tank car built before January 1, 1971, may be used
to transport hazardous material in commerce only if the air
brake equipment support attachments of the car comply with the
standards for attachments contained in sections 179.100-16 and
179.200-19 of title 49, Code of Federal Regulations, in effect
on November 16, 1990.]
Sec. 5112. Highway routing of hazardous material
(a) Application.--(1) This section applies to a motor vehicle
only if the vehicle is transporting hazardous material in
commerce for which placarding of the vehicle is required under
regulations prescribed under this chapter. [However, the
Secretary of Transportation] The Secretary by regulation may
extend application of this section or a standard prescribed
under subsection (b) of this section to--
(A) any use of a vehicle under this paragraph to
transport any hazardous material in commerce; and
(B) any motor vehicle used to transport hazardous
material in commerce.
(2) Except as provided by subsection (d) of this section and
section 5125(c) of this title, each State and Indian tribe may
establish, maintain, and enforce--
(A) designations of specific highway routes over
which hazardous material may and may not be transported
by motor vehicle; and
(B) limitations and requirements related to highway
routing.
(b) Standards for States and Indian Tribes.--(1) The
Secretary, in consultation with the States, shall prescribe by
regulation standards for States and Indian tribes to use in
carrying out subsection (a) of this section. The standards
shall include--
(A) a requirement that a highway routing designation,
limitation, or requirement of a State or Indian tribe
shall enhance public safety in the area subject to the
jurisdiction of the State or tribe and in areas of the
United States not subject to the jurisdiction of the
State or tribe and directly affected by the
designation, limitation, or requirement;
(B) minimum procedural requirements to ensure public
participation when the State or Indian tribe is
establishing a highway routing designation, limitation,
or requirement;
(C) a requirement that, in establishing a highway
routing designation, limitation, or requirement, a
State or Indian tribe consult with appropriate State,
local, and tribal officials having jurisdiction over
areas of the United States not subject to the
jurisdiction of that State or tribe establishing the
designation, limitation, or requirement and with
affected industries;
(D) a requirement that a highway routing designation,
limitation, or requirement of a State or Indian tribe
shall ensure through highway routing for the
transportation of hazardous material between adjacent
areas;
(E) a requirement that a highway routing designation,
limitation, or requirement of one State or Indian tribe
affecting the transportation of hazardous material in
another State or tribe may be established, maintained,
and enforced by the State or tribe establishing the
designation, limitation, or requirement only if--
(i) the designation, limitation, or requirement is
agreed to by the other State or tribe within a
reasonable period or is approved by the Secretary under
subsection (d) of this section; and
(ii) the designation, limitation, or requirement is
not an unreasonable burden on commerce;
(F) a requirement that establishing a highway routing
designation, limitation, or requirement of a State or
Indian tribe be completed in a timely way;
(G) a requirement that a highway routing designation,
limitation, or requirement of a State or Indian tribe
provide reasonable routes for motor vehicles
transporting hazardous material to reach terminals,
facilities for food, fuel, repairs, and rest, and
places to load and unload hazardous material;
(H) a requirement that a State be responsible--
(i) for ensuring that political subdivisions of the
State comply with standards prescribed under this
subsection in establishing, maintaining, and enforcing
a highway routing designation, limitation, or
requirement; and
(ii) for resolving a dispute between political
subdivisions; and
(I) a requirement that, in carrying out subsection
(a) of this section, a State or Indian tribe shall
consider--
(i) population densities;
(ii) the types of highways;
(iii) the types and amounts of hazardous material;
(iv) emergency response capabilities;
(v) the results of consulting with affected persons;
(vi) exposure and other risk factors;
(vii) terrain considerations;
(viii) the continuity of routes;
(ix) alternative routes;
(x) the effects on commerce;
(xi) delays in transportation; and
(xii) other factors the Secretary considers
appropriate.
(2) The Secretary may not assign a specific weight that a
State or Indian tribe shall use when considering the factors
under paragraph (1)(I) of this subsection.
(c) List of Route Designations.--In coordination with the
States, the Secretary shall update and publish periodically a
list of currently effective hazardous material highway route
designations.
(d) Dispute Resolution.--(1) The Secretary shall prescribe
regulations for resolving a dispute related to through highway
routing or to an agreement with a proposed highway route
designation, limitation, or requirement between or among
States, political subdivisions of different States, or Indian
tribes.
(2) A State or Indian tribe involved in a dispute under this
subsection may petition the Secretary to resolve the dispute.
The Secretary shall resolve the dispute not later than one year
after receiving the petition. The resolution shall provide the
greatest level of highway safety without being an unreasonable
burden on commerce and shall ensure compliance with standards
prescribed under subsection (b) of this section.
(3)(A) After a petition is filed under this subsection, a
civil action about the subject matter of the dispute may be
brought in a court only after the earlier of--
(i) the day the Secretary issues a final decision; or
(ii) the last day of the one-year period beginning on
the day the Secretary receives the petition.
(B) A State or Indian tribe adversely affected by a decision
of the Secretary under this subsection may bring a civil action
for judicial review of the decision in an appropriate district
court of the United States not later than 89 days after the day
the decision becomes final.
(e) Relationship to Other Laws.--This section and regulations
prescribed under this section do not affect sections 31111 and
31113 of this title or section 127 of title 23.
(f) Existing Radioactive Material Routing Regulations.--The
Secretary is not required to amend or again prescribe
regulations related to highway routing designations over which
radioactive material may and may not be transported by motor
vehicles, and limitations and requirements related to the
routing, that were in effect on November 16, 1990.
Sec. 5113. Unsatisfactory safety rating
[See section 31144.]
A violation of section 31144(c)(3) of this title shall be
considered a violation of this chapter, and shall be subject to
the penalties in sections 5123 and 5124 of this title.
Sec. 5114. Air transportation of ionizing radiation material
(a) Transporting in Air Commerce.--Material that emits
ionizing radiation spontaneously may be transported on a
passenger-carrying aircraft in air commerce (as defined in
section 40102(a) of this title) only if the material is
intended for a use in, or incident to, research or medical
diagnosis or treatment and does not present an unreasonable
hazard to health and safety when being prepared for, and
during, transportation.
(b) Procedures.--The Secretary [of Transportation] shall
prescribe procedures for monitoring and enforcing regulations
prescribed under this section.
(c) Nonapplication.--This section does not apply to material
the Secretary decides does not pose a significant hazard to
health or safety when transported because of its low order of
radioactivity.
Sec. 5115. Training curriculum for the public sector
[(a) Development and Updating.--Not later than November 16,
1992, in coordination with the Director of the Federal
Emergency Management Agency, Chairman of the Nuclear Regulatory
Commission, Administrator of the Environmental Protection
Agency, Secretaries of Labor, Energy, and Health and Human
Services, and Director of the National Institute of
Environmental Health Sciences, and using the existing
coordinating mechanisms of the national response team and, for
radioactive material, the Federal Radiological Preparedness
Coordinating Committee, the Secretary of Transportation shall
develop and update periodically a curriculum consisting of a
list of courses necessary to train public sector emergency
response and preparedness teams. Only in developing the
curriculum, the Secretary of Transportation shall consult with
regional response teams established under the national
contingency plan established under section 105 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605), representatives of
commissions established under section 301 of the Emergency
Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
11001), persons (including governmental entities) that provide
training for responding to accidents and incidents involving
the transportation of hazardous material, and representatives
of persons that respond to those accidents and incidents.]
(a) In General.--In coordination with the Director of the
Federal Emergency Management Agency, the Chairman of the
Nuclear Regulatory Commission, the Administrator of the
Environmental Protection Agency, the Secretaries of Labor,
Energy, and Health and Human Services, and the Director of the
National Institute of Environmental Health Sciences, and using
existing coordinating mechanisms of the National Response Team
and, for radioactive material, the Federal Radiological
Preparedness Coordinating Committee, the Secretary shall
maintain a current curriculum of lists of courses necessary to
train public sector emergency response and preparedness teams
in matters relating to the transportation of hazardous
material.
(b) Requirements.--The curriculum [developed] maintained
under subsection (a) of this section--
(1) shall include--
(A) a recommended course of study to train
public sector employees to respond to an
accident or incident involving the
transportation of hazardous material and to
plan for those responses;
(B) recommended basic courses and minimum
number of hours of instruction necessary for
public sector employees to be able to respond
safely and efficiently to an accident or
incident involving the transportation of
hazardous material and to plan those responses;
and
(C) appropriate emergency response training
and planning programs for public sector
employees developed [under other United States
Government grant programs, including those
developed with grants made under section 126(g)
of the Superfund Amendments and Reauthorization
Act of 1986 (42 U.S.C. 9660a); and] with
Federal assistance; and
(2) may include recommendations on material
appropriate for use in a recommended basic course
described in clause (1)(B) of this subsection.
(c) Training on Complying With Legal Requirements.--A
recommended basic course described in subsection (b)(1)(B) of
this section shall provide the training necessary for public
sector employees to comply with--
(1) regulations related to hazardous waste operations
and emergency response contained in part 1910 of title
29, Code of Federal Regulations, prescribed by the
Secretary of Labor;
(2) regulations related to worker protection
standards for hazardous waste operations contained in
part 311 of title 40, Code of Federal Regulations,
prescribed by the Administrator; and
(3) standards related to emergency response training
prescribed by the National Fire Protection
[Association.] Association or by any other voluntary
organization establishing consensus-based standards
that the Secretary considers appropriate.
(d) Distribution and Publication.--With the [national
response team--] National Response Team--
(1) the Director of the Federal Emergency Management
Agency shall distribute the curriculum and any updates
to the curriculum to the regional response teams and
all committees and commissions established under
section 301 of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001); and
(2) the Secretary of Transportation may [publish a
list of programs that uses a course developed under
this section for training public sector employees to
respond to an accident or incident involving the
transportation of hazardous material.] publish and
distribute the list of courses maintained under this
section, and of any programs utilizing such courses.
Sec. 5116. Planning and training grants, monitoring, and review
(a) Planning Grants.--(1) The Secretary [of Transportation]
shall make grants to States and Indian tribes--
(A) to develop, improve, and carry out emergency
plans under the Emergency Planning and Community Right-
To-Know Act of 1986 (42 U.S.C. 11001 et seq.),
including ascertaining flow patterns of hazardous
material on lands under the jurisdiction of a State or
Indian tribe, and between lands under the jurisdiction
of a State or Indian tribe and lands of another State
or Indian tribe; and
(B) to decide on the need for a regional hazardous
material emergency response team.
(2) The Secretary [of Transportation] may make a grant to a
State or Indian tribe under paragraph (1) of this subsection in
a fiscal year only if--
(A) the State or Indian tribe certifies that the
total amount the State or Indian tribe expends (except
amounts of the United States Government) to develop,
improve, and carry out emergency plans under the Act
will at least equal the average level of expenditure
for the last 2 fiscal years; and
(B) the State agrees to make available at least 75
percent of the amount of the grant under paragraph (1)
of this subsection in the fiscal year to local
emergency planning committees established under section
301(c) of the Act (42 U.S.C. 11001(c)) to develop
emergency plans under the Act.
(3) A State or Indian tribe receiving a grant under this
subsection shall ensure that planning under the grant is
coordinated with emergency planning conducted by adjacent
States and Indian tribes.
(b) Training Grants.--(1) The Secretary [of Transportation]
shall make grants to States and Indian tribes to train public
sector employees to respond to accidents and incidents
involving hazardous material.
(2) The Secretary [of Transportation] may make a grant under
paragraph (1) of this subsection in a fiscal year--
(A) to a State or Indian tribe only if the State or
tribe certifies that the total amount the State or
tribe expends (except amounts of the Government) to
train public sector employees to respond to an accident
or incident involving hazardous material will at least
equal the average level of expenditure for the last 2
fiscal years;
(B) to a State or Indian tribe only if the State or
tribe makes an agreement with the Secretary that the
State or tribe will use in that fiscal year, for
training public sector employees to respond to an
accident or incident involving hazardous material--
(i) a course developed or identified under
section 5115 of this title; or
(ii) another course the Secretary decides is
consistent with the objectives of this section;
and
(C) to a State only if the State agrees to make
available at least 75 percent of the amount of the
grant under paragraph (1) of this subsection in the
fiscal year for training public sector employees a
political subdivision of the State employs or uses.
(3) A grant under this subsection may be used--
(A) to pay--
(i) the tuition costs of public sector
employees being trained;
(ii) travel expenses of those employees to
and from the training facility;
(iii) room and board of those employees when
at the training facility; and
(iv) travel expenses of individuals providing
the training;
(B) by the State, political subdivision, or Indian
tribe to provide the training; and
(C) to make an agreement the Secretary [of
Transportation] approves authorizing a person
(including an authority of a State or political
subdivision of a State or Indian tribe) to provide the
training--
(i) if the agreement allows the Secretary and
the State or tribe to conduct random
examinations, inspections, and audits of the
training without prior notice; and
(ii) if the State or tribe conducts at least
one on-site observation of the training each
year.
(4) The Secretary [of Transportation] shall allocate amounts
made available for grants under this subsection for a fiscal
year among eligible States and Indian tribes based on the needs
of the States and tribes for emergency response training. In
making a decision about those needs, the Secretary shall
consider--
(A) the number of hazardous material facilities in
the State or on land under the jurisdiction of the
tribe;
(B) the types and amounts of hazardous material
transported in the State or on that land;
(C) whether the State or tribe imposes and collects a
fee on transporting hazardous material;
(D) whether the fee is used only to carry out a
purpose related to transporting hazardous material; and
(E) other factors the Secretary decides are
appropriate to carry out this subsection.
(c) Compliance With Certain Law.--The Secretary of
Transportation may make a grant to a State under this section
in a fiscal year only if the State certifies that the State
complies with sections 301 and 303 of the Emergency Planning
and Community Right-To-Know Act of 1986 (42 U.S.C. 11001,
11003).
(d) Applications.--A State or Indian tribe interested in
receiving a grant under this section shall submit an
application to the [Secretary of Transportation.] Secretary.
The application must be submitted at the time, and contain
information, the Secretary requires by regulation to carry out
the objectives of this section.
(e) Government's Share of Costs.--A grant under this section
is for 80 percent of the cost the State or Indian tribe incurs
in the fiscal year to carry out the activity for which the
grant is made. [Amounts of the State or tribe under subsections
(a)(2)(A) and (b)(2)(A) of this section are not part of the
non-Government share under this subsection.]
(f) Monitoring and Technical Assistance.--In coordination
with the Secretaries of Transportation and Energy,
Administrator of the Environmental Protection Agency, and
Director of the National Institute of Environmental Health
Sciences, the Director of the Federal Emergency Management
Agency shall monitor public sector emergency response planning
and training for an accident or incident involving hazardous
material. Considering the results of the monitoring, the
Secretaries, Administrator, and Directors each shall provide
technical assistance to a State, political subdivision of a
State, or Indian tribe for carrying out emergency response
training and planning for an accident or incident involving
hazardous material and shall coordinate the assistance using
the existing coordinating mechanisms of the [national response
team] National Response Team and, for radioactive material, the
Federal Radiological Preparedness Coordinating Committee.
(g) Delegation of Authority.--To minimize administrative
costs and to coordinate [Government grant programs] Federal
financial assistance programs for emergency response training
and planning, the Secretary [of Transportation] may delegate to
the Directors of the Federal Emergency Management Agency and
National Institute of Environmental Health Sciences, Chairman
of the Nuclear Regulatory Commission, Administrator of the
Environmental Protection Agency, and Secretaries of Labor and
Energy any of the following:
(1) authority to receive applications for grants
under this section.
(2) authority to review applications for technical
compliance with this section.
(3) authority to review applications to recommend
approval or disapproval.
(4) any other ministerial duty associated with grants
under this section.
(h) Minimizing Duplication of Effort and Expenses.--The
Secretaries of Transportation, Labor, and Energy, Directors of
the Federal Emergency Management Agency and National Institute
of Environmental Health Sciences, Chairman of the Nuclear
Regulatory Commission, and Administrator of the Environmental
Protection Agency shall review periodically, with the head of
each department, agency, or instrumentality of the Government,
all emergency response and preparedness training programs of
that department, agency, or instrumentality to minimize
duplication of effort and expense of the department, agency, or
instrumentality in carrying out the programs and shall take
necessary action to minimize duplication.
(i) Annual Registration Fee Account and Its Uses.--The
Secretary of the Treasury shall establish an account (to be
known as the ``Emergency Preparedness Fund'') in the Treasury
into which the Secretary of the Treasury shall deposit amounts
the Secretary [of Transportation collects under section
5108(g)(2)(A) of this title and] transfers to the Secretary of
the Treasury under section 5108(g)(2)(C) of this title. Without
further appropriation, amounts in the account are available--
(1) to make grants under this section;
(2) to monitor and provide technical assistance under
subsection (f) of this section; [and]
(3) to publish and distribute an emergency response
guide; and
[(3)] (4) to pay administrative costs of carrying out
this section and sections 5108(g)(2) and 5115 of this
title, except that not more than 10 percent of the
amounts made available from the account in a fiscal
year may be used to pay those costs.
(j) Supplemental Training Grants.--
(1) In order to further the purposes of subsection
(b), the Secretary shall, subject to the availability
of funds, make grants to national nonprofit employee
organizations engaged solely in fighting fires for the
purpose of training instructors to conduct hazardous
materials response training programs for individuals
with statutory responsibility to respond to hazardous
materials accidents and incidents.
(2) For the purposes of this subsection the
Secretary, after consultation with interested
organizations, shall--
(A) identify regions or locations in which
fire departments or other organizations which
provide emergency response to hazardous
materials transportation accidents and
incidents are in need of hazardous materials
training; and
(B) prioritize such needs and develop a means
for identifying additional specific training
needs.
(3) Funds granted to an organization under this
subsection shall only be used--
(A) to train instructors to conduct hazardous
materials response training programs;
(B) to purchase training equipment used
exclusively to train instructors to conduct
such training programs; and
(C) to disseminate such information and
materials as are necessary for the conduct of
such training programs.
(4) The Secretary may only make a grant to an
organization under this subsection in a fiscal year if
the organization enters into an agreement with the
Secretary to train instructors to conduct hazardous
materials response training programs in such fiscal
year that will use--
(A) a course or courses developed or
identified under section 5115 of this title; or
(B) other courses which the Secretary
determines are consistent with the objectives
of this subsection;
for training individuals with statutory responsibility
to respond to accidents and incidents involving
hazardous materials. Such agreement also shall provide
that training courses shall be open to all such
individuals on a nondiscriminatory basis.
(5) The Secretary may impose such additional terms
and conditions on grants to be made under this
subsection as the Secretary determines are necessary to
protect the interests of the United States and to carry
out the objectives of this subsection.
(k) Reports.--[Not later than September 30, 1997, the
Secretary shall submit to Congress a report on the allocation
and uses of training grants authorized under subsection (b) for
fiscal year 1993 through fiscal year 1996 and grants authorized
under subsection (j) and section 5107 for fiscal years 1995 and
1996.] The Secretary shall make available to the public
annually information on the allocation and uses of the planning
grants allocated under subsection (a), training grants under
subsection (b), and grants under subsection (j) of this section
and under section 5107 of this title. [Such report] The
information shall identify the ultimate recipients of training
grants and include a detailed accounting of all grant
expenditures by grant recipients, the number of persons trained
under the grant programs, and an evaluation of the efficacy of
training programs carried out.
[Sec. 5117. Exemptions and exclusions]
Sec. 5117. Special permits and exclusions
(a) Authority To [Exempt] Issue Special Permits._(1) As
provided under procedures prescribed by regulation, [the
Secretary of Transportation may issue [an exemption] a special
permit from this chapter or a regulation prescribed under
section 5103(b), 5104, 5110, or 5112 of this title to a person
transporting, or causing to be transported, hazardous material
in a way] the Secretary may issue, modify, or terminate a
special permit authorizing variances from this chapter, or a
regulation prescribed under section 5103(b), 5104, 5110, or
5112 of this title, to a person performing a function regulated
by the Secretary under section 5103(b)(1) of this title in a
way that achieves a safety level--
(A) at least equal to the safety level required under
this chapter; or
(B) consistent with the public interest and this
chapter, if a required safety level does not exist.
[(2) An exemption under this subsection is effective for not
more than 2 years and may be renewed on application to the
Secretary.]
(2) A special permit under this subsection--
(A) shall be effective when first issued for
not more than 2 years; and
(B) may be renewed for successive periods of
not more than 4 years each.
(b) Applications.--When applying for [an exemption] a special
permit or renewal of [an exemption] a special permit under this
section, the person must provide a safety analysis prescribed
by the Secretary that justifies [the exemption.] the special
permit. The Secretary shall publish in the Federal Register
notice that an application for [an exemption] a special permit
has been filed and shall give the public an opportunity to
inspect the safety analysis and comment on the application.
This subsection does not require the release of information
protected by law from public disclosure.
(c) Applications To Be Dealt With Promptly.--The Secretary
shall issue or renew [the exemption] the special permit. for
which an application was filed or deny such issuance or renewal
within 180 days after the first day of the month following the
date of the filing of such application, or the Secretary shall
publish a statement in the Federal Register of the reason why
the Secretary's decision on [the exemption] the special permit.
is delayed, along with an estimate of the additional time
necessary before the decision is made.
(d) Exclusions.--(1) The Secretary shall exclude, in any
part, from this chapter and regulations prescribed under this
chapter--
(A) a public vessel (as defined in section 2101 of
title 46);
(B) a vessel exempted under section 3702 of title 46
from chapter 37 of title 46; and
(C) a vessel to the extent it is regulated under the
Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221
et seq.).
(2) This chapter and regulations prescribed under this
chapter do not prohibit--
(A) or regulate transportation of a firearm (as
defined in section 232 of title 18), or ammunition for
a firearm, by an individual for personal use; or
(B) transportation of a firearm or ammunition in
commerce.
(e) Limitation on Authority.--Unless the Secretary decides
that an emergency exists, [an exemption] a special permit or
renewal granted under this section is the only way a person
subject to this chapter may be [exempt] granted a variance from
this chapter.
[Sec. 5118. Inspectors
[(a) General Requirement.--The Secretary of Transportation
shall maintain the employment of 30 hazardous material safety
inspectors more than the total number of safety inspectors
authorized for the fiscal year that ended September 30, 1990,
for the Federal Railroad Administration, the Federal Highway
Administration, and the Research and Special Programs
Administration.
[(b) Allocation To Promote Safety in Transporting
Radioactive Material.--(1) The Secretary shall ensure that 10
of the 30 additional inspectors focus on promoting safety in
transporting radioactive material, as defined by the Secretary,
including inspecting--
[(A) at the place of origin, shipments of high-
level radioactive waste or nuclear spent material (as
those terms are defined in section 5105(a) of this
title); and
[(B) to the maximum extent practicable shipments of
radioactive material that are not high-level
radioactive waste or nuclear spent material.
[(2) In carrying out their duties, those 10 additional
inspectors shall cooperate to the greatest extent possible with
safety inspectors of the Nuclear Regulatory Commission and
appropriate State and local government officials.
[(3) Those 10 additional inspectors shall be allocated as
follows:
[(A) one to the Pipeline and Hazardous Materials
Safety Administration.
[(B) 3 to the Federal Railroad Administration.
[(C) 3 to the Federal Highway Administration.
[(D) the other 3 among the administrations referred
to in clauses (A)-(C) of this paragraph as the
Secretary decides.
[(c) Allocation of Other Inspectors.--The Secretary shall
allocate, as the Secretary decides, the 20 additional
inspectors authorized under this section and not allocated
under subsection (b) of this section among the administrations
referred to in subsection (b)(3)(A)-(C) of this section.]
Sec. 5119. Uniform forms and procedures
[(a) Working Group.--The Secretary of Transportation shall
establish a working group of State and local government
officials, including representatives of the National Governors'
Association, the National Association of Counties, the National
League of Cities, the United States Conference of Mayors, and
the National Conference of State Legislatures. The purposes of
the working group are--
[(1) to establish uniform forms and procedures for a
State--
[(A) to register persons that transport or
cause to be transported hazardous material by
motor vehicle in the State; and
[(B) to allow the transportation of hazardous
material in the State; and
[(2) to decide whether to limit the filing of any
State registration and permit forms and collection of
filing fees to the State in which the person resides or
has its principal place of business.
[(b) Consultation and Reporting.--The working group--
[(1) shall consult with persons subject to
registration and permit requirements described in
subsection (a) of this section; and
[(2) not later than November 16, 1993, shall submit
to the Secretary, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives a final report that contains--
[(A) a detailed statement of its findings and
conclusions; and
[(B) its joint recommendations on the matters
referred to in subsection (a) of this section.
[(c) Regulations on Recommendations.--(1) The Secretary shall
prescribe regulations to carry out the recommendations
contained in the report submitted under subsection (b) of this
section with which the Secretary agrees. The regulations shall
be prescribed by the later of the last day of the 3-year period
beginning on the date the working group submitted its report or
the last day of the 90-day period beginning on the date on
which at least 26 States adopt all of the recommendations of
the report. A regulation prescribed under this subsection may
not define or limit the amount of a fee a State may impose or
collect.
[(2) A regulation prescribed under this subsection takes
effect one year after it is prescribed. The Secretary may
extend the one-year period for an additional year for good
cause. After a regulation is effective, a State may establish,
maintain, or enforce a requirement related to the same subject
matter only if the requirement is the same as the regulation.
[(3) In consultation with the working group, the Secretary
shall develop a procedure to eliminate differences in how
States carry out a regulation prescribed under this subsection.
[(d) Relationship to Other Laws.--The Federal Advisory
Committee Act (5 App. U.S.C.) does not apply to the working
group.]
(a) In General.--The Secretary may prescribe regulations to
establish uniform forms and regulations for States on the
following:
(1) To register and issue permits to persons that
transport or cause to be transported hazardous material
by motor vehicles in a State.
(2) To permit the transportation of hazardous
material in a State.
(b) Uniformity in Forms and Procedures.--In prescribing
regulations under subsection (a) of this section, the Secretary
shall develop procedures to eliminate discrepancies among the
States in carrying out the activities covered by the
regulations.
(c) Limitation.--The regulations prescribed under subsection
(a) of this section may not define or limit the amount of any
fees imposed or collected by a State for any activities covered
by the regulations.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2)
of this subsection, the regulations prescribed under
subsection (a) of this section shall take effect 1 year
after the date on which prescribed.
(2) Extension.--The Secretary may extend the 1-year
period in subsection (a) for an additional year for
good cause.
(e) State Regulations.--After the regulations prescribed
under subsection (a) of this section take effect under
subsection (d) of this section, a State may establish,
maintain, or enforce a requirement relating to the same subject
matter only if the requirement is consistent with applicable
requirements with respect to such activity in the regulations.
(f) Interim State Programs.--Pending the prescription of
regulations under subsection (a) of this section, States may
participate in the program of uniform forms and procedures
recommended by the Alliance for Uniform Hazmat Transportation
Procedures.
Sec. 5120. International uniformity of standards and requirements
(a) Participation in International Forums.--Subject to
guidance and direction from the Secretary of State, the
Secretary [of Transportation] shall participate in
international forums that establish or recommend mandatory
standards and requirements for transporting hazardous material
in international commerce.
(b) Consultation.--The Secretary [of Transportation] may
consult with interested authorities to ensure that, to the
extent practicable, regulations the Secretary prescribes under
sections 5103(b), 5104, 5110, and 5112 of this title are
consistent with standards related to transporting hazardous
material that international authorities adopt.
(c) Differences With International Standards and
Requirements.--This section--
(1) does not require the Secretary [of
Transportation] to prescribe a standard identical to a
standard adopted by an international authority if the
Secretary decides the standard is unnecessary or
unsafe; and
(2) does not prohibit the Secretary from prescribing
a safety requirement more stringent than a requirement
included in a standard adopted by an international
authority if the Secretary decides the requirement is
necessary in the public interest.
Sec. 5121. Administrative
[(a) General Authority.--To carry out this chapter, the
Secretary of Transportation may investigate, make reports,
issue subpenas, conduct hearings, require the production of
records and property, take depositions, and conduct research,
development, demonstration, and training activities. After
notice and an opportunity for a hearing, the Secretary may
issue an order requiring compliance with this chapter or a
regulation prescribed under this chapter.
[(b) Records, Reports, and Information.--A person subject to
this chapter shall--
[(1) maintain records, make reports, and provide
information the Secretary by regulation or order
requires; and
[(2) make the records, reports, and information
available when the Secretary requests.
[(c) Inspection.--(1) The Secretary may authorize an officer,
employee, or agent to inspect, at a reasonable time and in a
reasonable way, records and property related to--
[(A) manufacturing, fabricating, marking,
maintaining, reconditioning, repairing, testing, or
distributing a packaging or a container for use by a
person in transporting hazardous material in commerce;
or
[(B) the transportation of hazardous material in
commerce.
[(2) An officer, employee, or agent under this subsection
shall display proper credentials when requested.
[(d) Facility, Staff, and Reporting System on Risks,
Emergencies, and Actions.--(1) The Secretary shall--
[(A) maintain a facility and technical staff
sufficient to provide, within the United States
Government, the capability of evaluating a risk related
to the transportation of hazardous material and
material alleged to be hazardous;
[(B) maintain a central reporting system and
information center capable of providing information and
advice to law enforcement and firefighting personnel,
other interested individuals, and officers and
employees of the Government and State and local
governments on meeting an emergency related to the
transportation of hazardous material; and
[(C) conduct a continuous review on all aspects of
transporting hazardous material to decide on and take
appropriate actions to ensure safe transportation of
hazardous material.
[(2) Paragraph (1) of this subsection does not prevent the
Secretary from making a contract with a private entity for use
of a supplemental reporting system and information center
operated and maintained by the contractor.
[(e) Report.--The Secretary shall, once every 2 years,
prepare and submit to the President for transmittal to the
Congress a comprehensive report on the transportation of
hazardous materials during the preceding 2 calendar years. The
report shall include--
[(1) a statistical compilation of accidents and
casualties related to the transportation of hazardous
material;
[(2) a list and summary of applicable Government
regulations, criteria, orders, and exemptions;
[(3) a summary of the basis for each exemption;
[(4) an evaluation of the effectiveness of
enforcement activities and the degree of voluntary
compliance with regulations;
[(5) a summary of outstanding problems in carrying
out this chapter in order of priority; and
[(6) recommendations for appropriate legislation.]
(a) General Authority.--
(1) To carry out this chapter, the Secretary may
investigate, conduct tests, make reports, issue
subpoenas, conduct hearings, require the production of
records and property, take depositions, and conduct
research, development, demonstration, and training
activities.
(2) Except as provided in subsections (c) and (d) of
this section, the Secretary shall provide notice and an
opportunity for a hearing before issuing an order
directing compliance with this chapter, a regulation
prescribed under this chapter, or an order, special
permit, or approval issued under this chapter.
(b) Records, Reports, Property, and Information.--A person
subject to this chapter shall--
(1) maintain records, make reports, and provide
property and information that the Secretary by
regulation or order requires; and
(2) make the records, reports, property, and
information available for inspection when the Secretary
undertakes an inspection or investigation.
(c) Inspections and Investigations.--
(1) A designated officer or employee of the Secretary
may--
(A) inspect and investigate, at a reasonable
time and in a reasonable way, records and
property relating to a function described in
section 5103(b)(1) of this title;
(B) except for packaging immediately adjacent
to the hazardous material contents, gain access
to, open, and examine a package offered for or
in transportation when the officer or employees
has an objectively reasonable and articulable
belief that the package may contain hazardous
material;
(C) remove from transportation a package or
related packages in a shipment offered for or
in transportation for which--
(i) such officer or employee has an
objectively reasonable and articulable
belief that the package may pose an
imminent hazard; and
(ii) such officer or employee
contemporaneously documents such belief
in accordance with procedures set forth
in regulations prescribed under
subsection (e) of this section;
(D) gather information from the offeror,
carrier, packaging manufacturer or tester, or
other person responsible for a package or
packages to ascertain the nature and hazards of
the contents of the package or packages;
(E) as necessary under terms and conditions
prescribed by the Secretary, order the offeror,
carrier, or other person responsible for a
package or packages to have the package or
packages transported to an appropriate
facility, opened, examined, and analyzed; and
(F) when safety might otherwise be
compromised, authorize properly qualified
personnel to assist in activities carried out
under this paragraph.
(2) An officer or employee acting under the authority
of the Secretary under this subsection shall display
proper credentials when requested.
(3) In instances when, as a result of an inspection
or investigation under this subsection, an imminent
hazards is not found to exist, the Secretary shall, in
accordance with procedures set forth in regulations
prescribed under subsection (e) of this section, assist
the safe resumption of transportation of the package,
packages, or transport unit concerned.
(d) Emergency Orders.--
(1) If, upon inspection, investigation, testing, or
research, the Secretary determines that a violation of
a provision of this chapter, or a regulation prescribed
under this chapter, or an unsafe condition or practice,
constitutes or is causing an imminent hazard, the
Secretary may issue or impose emergency restrictions,
prohibitions, recalls, or out-of-service orders,
without notice or an opportunity for a hearing, but
only to the extent necessary to abate the imminent
hazard.
(2) The action of the Secretary under paragraph (1)
of this subsection shall be in a written emergency
order that--
(A) describes the violation, condition, or
practice that constitutes or is causing the
imminent hazard;
(B) states the restrictions, prohibitions,
recalls, or out-of-service orders issued or
imposed; and
(C) describe the standards and procedures for
obtaining relief from the order.
(3) After taking action under paragraph (1) of this
subsection, the Secretary shall provide for review of
the action under section 554 of title 5 if a petition
for review is filed within 20 calendar days of the
issuance of the order for the action.
(4) If a petition for review of an action is filed
under paragraph (3) of this subsection and the review
under that paragraph is not completed by the end of the
30-day period beginning on the date the petition is
filed, the action shall cease to be effective at the
end of such period unless the Secretary determines, in
writing, that the imminent hazard providing a basis for
the action continues to exist.
(5) In this subsection, the term `out-of-service
order' means a requirement that an aircraft, vessel,
motor vehicle, train, railcar, locomotive, other
vehicle, transport unit, transport vehicle, freight
container, potable tank, or other package not be moved
until specified conditions have been met.
(e) Regulations.--The Secretary shall prescribe in accordance
with section 553 of title 5 regulations to carry out the
authority in subsections (c) and (d) of this section.
(f) Facility, Staff, and Reporting System on Risks,
Emergencies, and Actions.--
(1) The Secretary shall--
(A) maintain a facility and technical staff
sufficient to provide, within the United States
Government, the capability of evaluating a risk
relating to the transportation of hazardous
material and material alleged to be hazardous;
(B) maintain a central reporting system and
information center capable of providing
information and advice to law enforcement and
firefighting personnel, and other interested
individuals, and officers and employees of the
United States Government and State and local
governments on meeting an emergency relating to
the transportation of hazardous material; and
(C) conduct a continuous review on all
aspects of transporting hazardous material to
decide on and take appropriate actions to
ensure safe transportation of hazardous
material.
(2) Paragraph (1) of this subsection shall not
prevent the Secretary from making a contract with a
private entity for use of a supplemental reporting
system and information center operated and maintained
by the contractor.
(g) Grants, Cooperative Agreements, and Other Transactions.--
The Secretary may enter into grants, cooperative agreements,
and other transactions with a person, agency, or
instrumentality of the United States, a unit of State or local
government, an Indian tribe, a foreign government (in
coordination with the Department of State), an educational
institution, or other appropriate entity--
(1) to expand risk assessment and emergency response
capabilities with respect to the security of
transportation of hazardous material;
(2) to conduct research, development, demonstration,
risk assessment and emergency response planning and
training activities; or
(3) to otherwise carry out this chapter.
(h) Reports.--
(1) The Secretary shall, once every 2 years, submit
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives
Committee on Transportation and Infrastructure a
comprehensive report on the transportation of hazardous
material during the preceding 2 calendar years. Each
report shall include, for the period covered by such
report--
(A) a statistical compilation of the
accidents, incidents, and casualties related to
the transportation of hazardous material during
such period;
(B) a list and summary of applicable
Government regulations, criteria, orders, and
special permits;
(C) a summary of the basis for each special
permit issued;
(D) an evaluation of the effectiveness of
enforcement activities relating to the
transportation of hazardous material during
such period, and of the degree of voluntary
compliance with regulations;
(E) a summary of outstanding problems in
carrying out this chapter, set forth in order
of priority; and
(F) any recommendations for legislative or
administrative action that the Secretary
considers appropriate.
(2) Before December 31, 2007, and every 3 years
thereafter, the Secretary, through the Bureau of
Transportation Statistics and in consultation with
other Federal departments and agencies, shall submit a
report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives
Committee on Transportation and Infrastructure on the
transportation of hazardous material in all modes of
transportation during the preceding 3 calendar years.
Each report shall include, for the period covered by
such report--
(A) a summary of the hazardous material
shipments, deliveries, and movements during
such period, set forth by hazardous materials
type, by tonnage and ton-miles, and by mode,
both domestically and across United States
borders; and
(B) a summary of shipment estimates during
such period as a proxy for risk.
(i) Security Sensitive Information.--
(1) If the Secretary determines that particular
information may reveal a vulnerability of a hazardous
material to attack during transportation in commerce,
or may facilitate the diversion of hazardous material
during transportation in commerce for use in an attack
on people or property, the Secretary may disclose such
information only--
(A) to the owner, custodian, offeror, or
carrier of such hazardous material;
(B) to an officer, employee, or agent of the
United States Government, or a State or local
government, including volunteer fire
departments, concerned with carrying out
transportation safety laws, protecting
hazardous material in the course of
transportation in commerce, protecting public
safety or national security, or enforcing
Federal law designed to protect public health
or the environment; or
(C) in an administrative or judicial
proceeding brought under this chapter, under
other Federal law intended to protect public
health or the environment, or under other
Federal law intended to address terrorist
actions or threats of terrorist actions.
(2) The Secretary may make determinations under
paragraph (1) of this subsection with respect
categories of information in accordance with
regulations prescribed by the Secretary.
(3) A release of information pursuant to a
determination under paragraph (1) of this subsection
shall not be treated as a release of such information
to the public for purposes of section 552 of title 5.
Sec. 5122. Enforcement
(a) General.--At the request of the Secretary [of
Transportation,] the Attorney General may bring a civil action
in an appropriate district court of the United States to
enforce this [chapter or a regulation prescribed or order]
chapter, a regulation prescribed under this chapter, or an
order, special permit, or approval issued under this chapter.
[The court may award appropriate relief, including punitive
damages.] In an action under this subsection, the court may
award appropriate relief, including a temporary or permanent
injunction, civil penalties under section 5123 of this title,
and punitive damages.
(b) Imminent Hazards.--(1) If the Secretary has reason to
believe that an imminent hazard exists, the Secretary may bring
a civil action in an appropriate district court of the United
States--
(A) to suspend or restrict the transportation of the
hazardous material responsible for the hazard; or
(B) to eliminate or [ameliorate] mitigate the hazard.
(2) On request of the Secretary, the Attorney General shall
bring an action under paragraph (1) of this subsection.
(c) Withholding of Clearance.--(1) If any owner, operator, or
individual in charge of a vessel is liable for a civil penalty
under section 5123 of this title or for a fine under section
5124 of this title, or if reasonable cause exists to believe
that such owner, operator, or individual in charge may be
subject to such a civil penalty or fine, the Secretary of the
Treasury, upon the request of the Secretary, shall with respect
to such vessel refuse or revoke any clearance required by
section 4197 of the Revised Statutes of the United States (46
App. U.S.C. 91).
(2) Clearance refused or revoked under this subsection may be
granted upon the filing of a bond or other surety satisfactory
to the Secretary.
Sec. 5123. Civil penalty
(a) Penalty.--(1) A person that knowingly violates this
chapter or a [regulation prescribed or order issued]
regulation, order, special permit, or approval issued under
this chapter is liable to the United States Government for a
civil penalty of at least $250 but not more than [$25,000]
$32,500 for each violation. A person acts knowingly when--
(A) the person has actual knowledge of the facts
giving rise to the violation; or
(B) a reasonable person acting in the circumstances
and exercising reasonable care would have that
knowledge.
(2) If the Secretary finds that a violation under paragraph
(1) results in death, serious illness, or severe injury to any
person, the Secretary may increase the amount of the civil
penalty for such violation to not more than $100,000.
(3) If the violation is related to training, paragraph (1)
shall be applied by substituting `$450' for `$250'.
[(2)] (4) A separate violation occurs for each day the
violation, committed by a person that transports or causes to
be transported hazardous material, continues.
(b) Hearing Requirement.--The Secretary [of Transportation]
may find that a person has violated this [chapter or a
regulation prescribed] chapter, a regulation prescribed under
this chapter, or an order, special permit, or approval issued
under this chapter only after notice and an opportunity for a
hearing. The Secretary shall impose a penalty under this
section by giving the person written notice of the amount of
the penalty.
(c) Penalty Considerations.--In determining the amount of a
civil penalty under this section, the Secretary shall
consider--
(1) the nature, circumstances, extent, and gravity of
the violation;
(2) with respect to the violator, the degree of
culpability, any history of prior violations, the
ability to pay, and any effect on the ability to
continue to do business; and
(3) other matters that justice requires.
(d) Civil Actions To Collect.--The Attorney General may bring
a civil action in an appropriate district court of the United
States to collect a civil penalty under this [section.] section
and any accrued interest on the civil penalty as calculated in
accordance with section 1005 of the Oil Pollution Act of 1990
(33 U.S.C. 2705). In the civil action, the amount and
appropriateness of the civil penalty shall not be subject to
review.
(e) Compromise.--The Secretary may compromise the amount of a
civil penalty imposed under this section before referral to the
Attorney General.
(f) Setoff.--The Government may deduct the amount of a civil
penalty imposed or compromised under this section from amounts
it owes the person liable for the penalty.
(g) Depositing Amounts Collected.--Amounts collected under
this section shall be deposited in the Treasury as
miscellaneous receipts.
Sec. 5124. Criminal penalty
(a) In General._A person knowingly violating section 5104(b)
of this title or willfully violating this [chapter or a
regulation prescribed or order] chapter, a regulation
prescribed under this chapter, or an order, special permit, or
approval issued under this chapter shall be fined under title
18, imprisoned for not more than 5 years, or both.
(b) Aggravated Violations.--A person knowingly violating
section 5104(b) of this title or willfully violating this
chapter or a regulation prescribed, or an order, special
permit, or approval issued, under this chapter, who thereby
causes the release of hazardous material shall be fined under
title 18, imprisoned for not more than 20 years, or both.
(c) Separate Violations.--A separate violation occurs for
each day the violation, committed by a person who transports or
causes to be transported hazardous material, continues.
Sec. 5125. Preemption
(a) Purposes.--The Secretary shall exercise the authority in
this section--
(1) to achieve uniform regulation of the
transportation of hazardous material;
(2) to eliminate rules that are inconsistent with the
regulations prescribed under this chapter; and
(3) to otherwise promote the safe and efficient
movement of hazardous material in commerce.
[(a)] (b) [General .--Except as provided in subsections (b),
(c), and (e)] Preemption Generally._Except as provided in
subsections (c), (d), and (f) of this section and unless
authorized by another law of the United States, a requirement
of a State, political subdivision of a State, or Indian tribe
is preempted if--
(1) complying with a requirement of the State,
political subdivision, or tribe and a requirement of
this chapter, a regulation prescribed under this
chapter, or a hazardous materials transportation
security regulation or directive issued by the
Secretary of Homeland Security is not possible; or
(2) the requirement of the State, political
subdivision, or tribe, as applied or enforced, is an
obstacle to accomplishing and carrying out this
chapter, a regulation prescribed under this chapter, or
a hazardous materials transportation security
regulation or directive issued by the Secretary of
Homeland Security.
[(b)] (c) Substantive Differences.--(1) Except as provided in
[subsection (c)] subsection (d) of this section and unless
authorized by another law of the United States, a law,
regulation, order, or other requirement of a State, political
subdivision of a State, or Indian tribe about any of the
following subjects, that is not substantively the same as a
provision of this chapter, a regulation prescribed under this
chapter, or a hazardous materials transportation security
regulation or directive issued by the Secretary of Homeland
Security, is preempted:
(A) the designation, description, and classification
of hazardous material.
(B) the packing, repacking, handling, labeling,
marking, and placarding of hazardous material.
(C) the preparation, execution, and use of shipping
documents related to hazardous material and
requirements related to the number, contents, and
placement of those documents.
(D) the written notification, recording, and
reporting of the unintentional release in
transportation of hazardous material.
[(E) the design, manufacturing, fabricating, marking,
maintenance, reconditioning, repairing, or testing of a
packaging or a container represented, marked,
certified, or sold as qualified for use in transporting
hazardous material.]
(E) the designing, manufacturing, fabricating,
inspecting, marking, maintaining, reconditioning,
repairing, or testing a package, container, or
packaging component that is represented, marked,
certified, or sold by that person as qualified for use
in transporting hazardous material in commerce.
(2) If the Secretary [of Transportation] prescribes or has
prescribed under section 5103(b), 5104, 5110, or 5112 of this
title or prior comparable provision of law a regulation or
standard related to a subject referred to in paragraph (1) of
this subsection, a State, political subdivision of a State, or
Indian tribe may prescribe, issue, maintain, and enforce only a
law, regulation, standard, or order about the subject that is
substantively the same as a provision of this chapter or a
regulation prescribed or order issued under this chapter. The
Secretary shall decide on and publish in the Federal Register
the effective date of section 5103(b) of this title for any
regulation or standard about any of those subjects that the
Secretary [prescribes after November 16, 1990. However, the]
prescribes. The effective date may not be earlier than 90 days
after the Secretary prescribes the regulation or standard nor
later than the last day of the 2-year period beginning on the
date the Secretary prescribes the regulation or standard.
(3) If a State, political subdivision of a State, or Indian
tribe imposes a fine or penalty the Secretary decides is
appropriate for a violation related to a subject referred to in
paragraph (1) of this subsection, an additional fine or penalty
may not be imposed by any other authority.
[(c)] (d) Compliance With Section 5112(b) Regulations.--(1)
Except as provided in paragraph (2) of this subsection, after
the last day of the 2-year period beginning on the date a
regulation is prescribed under section 5112(b) of this title, a
State or Indian tribe may establish, maintain, or enforce a
highway routing designation over which hazardous material may
or may not be transported by motor vehicles, or a limitation or
requirement related to highway routing, only if the
designation, limitation, or requirement complies with section
5112(b).
(2)(A) A highway routing designation, limitation, or
requirement established before the date a regulation is
prescribed under section 5112(b) of this title does not have to
comply with section 5112(b)(1)(B), (C), and (F).
(B) This subsection and section 5112 of this title do not
require a State or Indian tribe to comply with section
5112(b)(1)(I) if the highway routing designation, limitation,
or requirement was established before November 16, 1990.
(C) The Secretary may allow a highway routing designation,
limitation, or requirement to continue in effect until a
dispute related to the designation, limitation, or requirement
is resolved under section 5112(d) of this title.
[(d)] (e) Decisions on Preemption.--(1) A person (including a
State, political subdivision of a State, or Indian tribe)
directly affected by a requirement of a State, political
subdivision, or tribe may apply to the Secretary, as provided
by regulations prescribed by the Secretary, for a decision on
whether the requirement is preempted by [subsection (a),
(b)(1), or (c) of this section.] subsection (b), (c)(1), or (d)
of this section or section 5119(b) of this title. The Secretary
shall publish notice of the application in the Federal
Register. The Secretary shall issue a decision on an
application for a determination within 180 days after the date
of the publication of the notice of having received such
application, or the Secretary shall publish a statement in the
Federal Register of the reason why the Secretary's decision on
the application is delayed, along with an estimate of the
additional time necessary before the decision is made. After
notice is published, an applicant may not seek judicial relief
on the same or substantially the same issue until the Secretary
takes final action on the application or until 180 days after
the application is filed, whichever occurs first.
(2) After consulting with States, political subdivisions of
States, and Indian tribes, the Secretary shall prescribe
regulations for carrying out paragraph (1) of this subsection.
(3) Subsection (a) of this section does not prevent a State,
political subdivision of a State, or Indian tribe, or another
person directly affected by a requirement, from seeking a
decision on preemption from a court of competent jurisdiction
instead of applying to the Secretary under paragraph (1) of
this subsection.
[(e)] (f) Waiver of Preemption.--A State, political
subdivision of a State, or Indian tribe may apply to the
Secretary for a waiver of preemption of a requirement the
State, political subdivision, or tribe acknowledges is
preempted by [subsection (a), (b)(1), or (c) of this section.]
subsection (b), (c)(1), or (d) of this section or section
5119(b) of this title. Under a procedure the Secretary
prescribes by regulation, the Secretary may waive preemption on
deciding the requirement--
(1) provides the public at least as much protection
as do requirements of this chapter and regulations
prescribed under this chapter; and
(2) is not an unreasonable burden on commerce.
[(f) Judicial Review.--A party to a proceeding under
subsection (d) or (e) of this section may bring a civil action
in an appropriate district court of the United States for
judicial review of the decision of the Secretary not later than
60 days after the decision becomes final.]
(g) Fees.--(1) A State, political subdivision of a State, or
Indian tribe may impose a fee related to transporting hazardous
material only if the fee is fair and used for a purpose related
to transporting hazardous material, including enforcement and
planning, developing, and maintaining a capability for
emergency response.
(2) A State or political subdivision thereof or Indian tribe
that levies a fee in connection with the transportation of
hazardous materials shall, upon the Secretary's request, report
to the Secretary on--
(A) the basis on which the fee is levied upon persons
involved in such transportation;
(B) the purposes for which the revenues from the fee
are used;
(C) the annual total amount of the revenues collected
from the fee; and
(D) such other matters as the Secretary requests.
(h) Application of Each Preemption Standard.--Each standard
for preemption in subsection (b), (c)(1), or (d) of this
section, and in section 5119(b) of this title, is independent
in its application to a requirement of a State, political
subdivision of a State, or Indian tribe.
(i) Non-Federal Enforcement Standards.--This section does not
apply to any procedure, penalty, required mental state, or
other standard utilized by a State, political subdivision of a
State, or Indian tribe to enforce a requirement applicable to
the transportation of hazardous material.
Sec. 5126. Relationship to other laws
(a) Contracts.--A person under contract with a department,
agency, or instrumentality of the United States Government that
transports [or causes to be transported hazardous material, or
manufactures, fabricates, marks, maintains, reconditions,
repairs, or tests a packaging or a container that the person
represents, marks, certifies, or sells] hazardous material, or
causes hazardous material to be transported, or designs,
manufactures, fabricates, inspects, marks, maintains,
reconditions, repairs, or tests a package, container, or
packaging component that is represented as qualified for use in
transporting hazardous material [must] shall comply with this
chapter, regulations prescribed and orders issued under this
chapter, and all other requirements of the Government, State
and local governments, and Indian tribes (except a requirement
preempted by a law of the United States) in the same way and to
the same extent that any person engaging in that
transportation, [manufacturing, fabricating, marking,
maintenance, reconditioning, repairing, or testing] designing,
manufacturing, fabricating, inspecting, marking, maintaining,
reconditioning, repairing, or testing that is in or affects
commerce must comply with the provision, regulation, order, or
requirement.
(b) Nonapplication.--This chapter does not apply to--
(1) a pipeline subject to regulation under chapter
601 of this title; or
(2) any matter that is subject to the postal laws and
regulations of the United States under this chapter or
title 18 or [39.] 39, except in the case of an imminent
hazard.
Sec. 5127. Judicial review
(a) Filing and Venue.--Except as provided in section 20114(c)
of this title, a person adversely affected or aggrieved by a
final action of the Secretary under this chapter may petition
for review of the final action in the United States Court of
Appeals for the District of Columbia or in the court of appeals
of the United States for the circuit in which the person
resides or has a principal place of business. The petition
shall be filed not more than 60 days after the action of the
Secretary becomes final.
(b) Procedures.--When a petition on a final action is filed
under subsection (a) of this section, the clerk of the court
shall immediately send a copy of the petition to the Secretary.
The Secretary shall file with the court a record of any
proceeding in which the final action was issued as provided in
section 2112 of title 28.
(c) Authority of Court.--The court in which a petition on a
final action is filed under subsection (a) of this section has
exclusive jurisdiction, as provided in subchapter II of chapter
5 of title 5 to affirm or set aside any part of the final
action and may order the Secretary to conduct further
proceedings.
(d) Requirement for Prior Objections.--In reviewing a final
action under this section, the court may consider an objection
to the final action only if--
(1) the objection was made in the course of a
proceeding or review conducted by the Secretary; or
(2) there was a reasonable ground for not making the
objection in the proceeding.
Sec. [5127. Authorization of appropriations
[(a) General.--Not more than $18,000,000 may be appropriated
to the Secretary of Transportation for fiscal year 1993,
$18,000,000 for fiscal year 1994, $18,540,000 for fiscal year
1995, $19,100,000 for fiscal year 1996, and $19,670,000 for
fiscal year 1997 to carry out this chapter (except sections
5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119).
[(b) Training of Hazmat Employee Instructors.--(1) There is
authorized to be appropriated to the Secretary $3,000,000 for
each of fiscal years 1995, 1996, 1997, and 1998 to carry out
section 5107(e).
[(2)(A) There shall be available to the Secretary for
carrying out section 5116(j), from amounts in the account
established pursuant to section 5116(i), $250,000 for each of
fiscal years 1995, 1996, 1997, and 1998.
[(B) In addition to amounts made available under subparagraph
(A), there is authorized to be appropriated to the Secretary
for carrying out section 5116(j) $1,000,000 for each of the
fiscal years 1995, 1996, 1997, and 1998.
[(c) Training Curriculum.--(1) Not more than $1,000,000 is
available to the Secretary of Transportation from the account
established under section 5116(i) of this title for each of the
fiscal years ending September 30, 1993-1998, to carry out
section 5115 of this title.
[(2) The Secretary of Transportation may transfer to the
Director of the Federal Emergency Management Agency from
amounts available under this subsection amounts necessary to
carry out section 5115(d)(1) of this title.
[(d) Planning and Training.--(1) Not more than $5,000,000 is
available to the Secretary of Transportation from the account
established under section 5116(i) of this title for each of the
fiscal years ending September 30, 1993-1998, to carry out
section 5116(a) of this title.
[(2) Not more than $7,800,000 is available to the Secretary
of Transportation from the account established under section
5116(i) of this title for each of the fiscal years ending
September 30, 1993-1998, to carry out section 5116(b) of this
title.
[(3) Not more than the following amounts are available from
the account established under section 5116(i) of this title for
each of the fiscal years ending September 30, 1993-1998, to
carry out section 5116(f) of this title:
[(A) $750,000 each to the Secretaries of
Transportation and Energy, Administrator of the
Environmental Protection Agency, and Director of the
Federal Emergency Management Agency.
[(B) $200,000 to the Director of the National
Institute of Environmental Health Sciences.
[(e) Uniform Forms and Procedures.--Not more than $400,000
may be appropriated to the Secretary of Transportation for the
fiscal year ending September 30, 1993, to carry out section
5119 of this title.
[(f) Credits to Appropriations.--The Secretary of
Transportation may credit to any appropriation to carry out
this chapter an amount received from a State, Indian tribe, or
other public authority or private entity for expenses the
Secretary incurs in providing training to the State, authority,
or entity.
[(g) Availability of Amounts.--Amounts available under
subsections (c)-(e) of this section remain available until
expended.]
Sec. 5128. Authorization of appropriations
(a) General.--In order to carry out this chapter (except
sections 5107(e), 5108(g), 5112, 5113, 5115, 5116, and 5119 of
this title), the following amounts are authorized to be
appropriated to the Secretary:
(1) For fiscal year 2005, not more than $24,940,000.
(2) For fiscal year 2006, not more than $29,000,000.
(3) For each of fiscal years 2007 through 2009, not
more than $30,000,000.
(b) Emergency Preparedness Fund.--There shall be available
from the Emergency Preparedness Fund under section 5116(i) of
this title, amounts as follows:
(1) To carry out section 5107(e) of this title,
$4,000,000 for each of fiscal years 2005 through 2009.
(2) To carry out section 5115 of this title, $200,000
for each of fiscal years 2005 through 2009.
(3) To carry out sections 5116(a) and (b) of this
title, $21,800,000 for each of fiscal years 2005
through 2009, to be allocated as follows:
(A) $5,000,000 to carry out section 5116(a).
(B) $7,800,000 to carry out section 5116(b).
(C) Of the amount provided for by this
paragraph in excess of the suballocations in
subparagraphs (A) and (B)--
(i) 35 percent shall be used to carry
out section 5116(a), and
(ii) 65 percent shall be used to
carry out section 5116(b),
except that the Secretary may increase the
proportion to carry out section 5116(b) and
decrease the proportion to carry out section
5116(a) if the Secretary determines that such
reallocation is appropriate to carry out the
intended uses of these funds as described in
the applications submitted by States and Indian
tribes.
(4) To carry out section 5116(f) of this title,
$150,000 for each of fiscal years 2005 through 2009.
(5) To carry out section 5116(i)(4) of this title,
$150,000 for each of fiscal years 2005 through 2009.
(6) To carry out section 5116(j) of this title,
$1,000,000 for each of fiscal years 2005 through 2009.
(7) To publish and distribute an emergency response
guidebook under section 5116(i)(3) of title 49, United
States Code, $750,000 for each of fiscal years 2005
through 2009.
(c) Section 5121 Reports.--There are authorized to be
appropriated to the Secretary of Transportation for the use of
the Bureau of Transportation Statistics such sums as may be
necessary to carry out section 5121(h) of this title.
(d) Credit to Appropriations.--The Secretary may credit to
any appropriation to carry out this chapter an amount received
from a State, political subdivision of a State, Indian tribe,
or other public authority or private entity for expenses the
Secretary incurs in providing training to the State, political
subdivision, Indian tribe, or other authority or entity.
(e) Availability of Amounts.--Amounts available under
subsections (a) and (b) of this section shall remain available
until expended.
Sec. 5503. Office of Intermodalism
(a) Establishment.--There is established in the Research and
Innovative Technology Administration an Office of
Intermodalism.
(b) Director.--The head of the Office is a Director who shall
be appointed by the Secretary.
(c) Duties and Powers.--The Director shall carry out the
duties of the Secretary described in section 301(3) of this
title.
(d) Research.--The Director shall--
(1) coordinate United States Government research on
intermodal transportation as provided in the plan
developed under section 6009(b) of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public
Law 102-240, 105 Stat. 2177); and
(2) carry out additional research needs identified by
the Director.
(e) Technical Assistance.--The Director shall provide
technical assistance to States and to metropolitan planning
organizations for urban areas having a population of at least
1,000,000 in collecting data related to intermodal
transportation to facilitate the collection of the data by
States and metropolitan planning organizations. Amounts
reserved under section 5504(d) not awarded to States as grants
may be used by the Director to provide technical assistance
under this subsection.
(f) National Intermodal System Improvement Plan--
(1) In general.--The Director, in consultation with
the advisory board established under section 5502 of
this title and other public and private transportation
interests, shall develop a plan to improve the national
intermodal transportation system. The plan shall
include--
(A) an assessment and forecast of the
national intermodal transportation system's
impact on mobility, safety, energy consumption,
the environment, technology, international
trade, economic activity, and quality of life
in the United States;
(B) an assessment of the operational and
economic attributes of each passenger and
freight mode of transportation and the optimal
role of each mode in the national intermodal
transportation system;
(C) a description of recommended intermodal
and multi-modal research and development
projects;
(D) a description of emerging trends that
have an impact on the national intermodal
transportation system;
(E) recommendations for improving intermodal
policy, transportation decisionmaking, and
financing to maximize mobility and the return
on investment of Federal spending on
transportation;
(F) an estimate of the impact of current
Federal and State transportation policy on the
national intermodal transportation system; and
(G) specific near and long-term goals for the
national intermodal transportation system.
(2) Progress reports.--The Director shall submit an
initial report on the plan to improve the national
intermodal transportation system 2 years after the date
of enactment of the Surface Transportation Safety
Improvement Act of 2005, and a follow-up report 2 years
after that, to the Senate Committee on Commerce,
Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure. The progress report shall--
(A) describe progress made toward achieving
the plan's goals;
(B) describe challenges and obstacles to
achieving the plan's goals;
(C) update the plan to reflect changed
circumstances or new developments; and
(D) make policy and legislative
recommendations the Director believes are
necessary and appropriate to achieve the goals
of the plan.
(3) Plan development funding.--Such sums as may be
necessary from the administrative expenses of the
Research and Innovative Technology Administration shall
be reserved each year for the purpose of completing and
updating the plan to improve the national intermodal
transportation plan.
(g) Impact Measurement Methodology; Impact Review.--The
Director and the Director of the Bureau of Transportation
Statistics shall jointly--
(1) develop, in consultation with the modal
administrations, and State and local planning
organizations, common measures to compare
transportation investment decisions across the various
modes of transportation; and
(2) formulate a methodology for measuring the impact
of intermodal transportation on--
(A) the environment;
(B) public health and welfare;
(C) energy consumption;
(D) the operation and efficiency of the
transportation system;
(E) congestion, including congestion at the
Nation's ports; and
(F) the economy and employment.
[(f)] (h) Administrative and Clerical Support.--The Director
shall provide administrative and clerical support to the
Intermodal Transportation Advisory Board.
[Sec. 5701. Findings
[Congress finds that--
[(1) the United States public is entitled to receive
food and other consumer products that are not made
unsafe because of certain transportation practices;
[(2) the United States public is threatened by the
transportation of products potentially harmful to
consumers in motor vehicles and rail vehicles that are
used to transport food and other consumer products; and
[(3) the risks to consumers by those transportation
practices are unnecessary and those practices must be
ended.]
Sec. 5701. Food transportation safety inspections
(a) Inspection Procedures.--
(1) In general.--The Secretary of Transportation, in
consultation with the Secretary of Health and Human
Services and the Secretary of Agriculture, shall--
(A) establish procedures for transportation
safety inspections for the purpose of
identifying suspected incidents of
contamination or adulteration of--
(i) food in violation of regulations
promulgated under section 416 of the
Federal Food, Drug, and Cosmetic Act;
(ii) meat subject to detention under
section 402 of the Federal Meat
Inspection Act (21 U.S.C. 672); and
(iii) poultry products subject to
detention under section 19 of the
Poultry Products Inspection Act (21
U.S.C. 467a); and
(B) train personnel of the Department of
Transportation in the appropriate use of the
procedures.
(2) Applicability.--The procedures established under
paragraph (1) of this subsection shall apply, at a
minimum, to Department of Transportation personnel that
perform commercial motor vehicle or railroad safety
inspections.
(b) Notification of Secretary of Health and Human Services or
Secretary of Agriculture.--The Secretary of Transportation
shall promptly notify the Secretary of Health and Human
Services or the Secretary of Agriculture, as applicable, of any
instances of potential food contamination or adulteration of a
food identified during transportation safety inspections.
(c) Use of State Employees.--The means by which the Secretary
of Transportation carries out subsection (b) of this section
may include inspections conducted by State employees using
funds authorized to be appropriated under sections 31102
through 31104 of this title.
* * * * * * *
Sec. 13102. Definitions
In this part, the following definitions shall apply:
(1) Board.--The term ``Board'' means the Surface
Transportation Board.
(2) Broker.--The term ``broker'' means a person,
other than a motor carrier or an employee or agent of a
motor carrier, that as a principal or agent sells,
offers for sale, negotiates for, or holds itself out by
solicitation, advertisement, or otherwise as selling,
providing, or arranging for, transportation by motor
carrier for compensation.
(3) Carrier.--The term ``carrier'' means a motor
carrier, a water carrier, and a freight forwarder.
(4) Contract carriage.--The term ``contract
carriage'' means--
(A) for transportation provided before
January 1, 1996, service provided pursuant to a
permit issued under section 10923, as in effect
on December 31, 1995; and
(B) for transportation provided after
December 31, 1995, service provided under an
agreement entered into under section 14101(b).
(5) Control.--The term ``control'', when referring to
a relationship between persons, includes actual
control, legal control, and the power to exercise
control, through or by--
(A) common directors, officers, stockholders,
a voting trust, or a holding or investment
company, or
(B) any other means.
(6) Foreign motor carrier.--The term ``foreign motor
carrier'' means a person (including a motor carrier of
property but excluding a motor private carrier)--
(A)(i) that is domiciled in a contiguous
foreign country; or
(ii) that is owned or controlled by persons
of a contiguous foreign country; and
(B) in the case of a person that is not a
motor carrier of property, that provides
interstate transportation of property by motor
vehicle under an agreement or contract entered
into with a motor carrier of property (other
than a motor private carrier or a motor carrier
of property described in subparagraph (A)).
(7) Foreign motor private carrier.--The term
``foreign motor private carrier'' means a person
(including a motor private carrier but excluding a
motor carrier of property)--
(A)(i) that is domiciled in a contiguous
foreign country; or
(ii) that is owned or controlled by persons
of a contiguous foreign country; and
(B) in the case of a person that is not a
motor private carrier, that provides interstate
transportation of property by motor vehicle
under an agreement or contract entered into
with a person (other than a motor carrier of
property or a motor private carrier described
in subparagraph (A)).
(8) Freight forwarder.--The term ``freight
forwarder'' means a person holding itself out to the
general public (other than as a pipeline, rail, motor,
or water carrier) to provide transportation of property
for compensation and in the ordinary course of its
business--
(A) assembles and consolidates, or provides
for assembling and consolidating, shipments and
performs or provides for break-bulk and
distribution operations of the shipments;
(B) assumes responsibility for the
transportation from the place of receipt to the
place of destination; and
(C) uses for any part of the transportation a
carrier subject to jurisdiction under this
subtitle.
The term does not include a person using transportation
of an air carrier subject to part A of subtitle VII.
(9) Highway.--The term ``highway'' means a road,
highway, street, and way in a State.
(10) Household goods.--The term ``household goods'',
as used in connection with transportation, means
personal effects and property used or to be used in a
dwelling, when a part of the equipment or supply of
such dwelling, and similar property if the
transportation of such effects or property is--
(A) arranged and paid for by the householder,
except such term does not include property
moving from a factory or store, other than
property that the householder has purchased
with the intent to use in is or her dwelling
and is transported at the request of, and the
transportation charges are paid to the carrier
by, the householder; or
(B) arranged and paid for by another party.
(11) Household goods freight forwarder.--The term
``household goods freight forwarder'' means a freight
forwarder of one or more of the following items:
household goods, unaccompanied baggage, or used
automobiles.
(12) Individual shipper.--The term `individual
shipper' means any person who--
(A) is the shipper, consignor, or consignee
of a household goods shipment;
(B) is identified as the shipper, consignor,
or consignee on the face of the bill of lading;
(C) owns the goods being transported; and
(D) pays his or her own tariff transportation
charges.
[(12)] (13) Motor carrier.--The term ``motor
carrier'' means a person providing motor vehicle
transportation for compensation.
[(13)] (14) Motor private carrier.--The term ``motor
private carrier'' means a person, other than a motor
carrier, transporting property by motor vehicle when--
(A) the transportation is as provided in
section 13501 of this title;
(B) the person is the owner, lessee, or
bailee of the property being transported; and
(C) the property is being transported for
sale, lease, rent, or bailment or to further a
commercial enterprise.
[(14)] (15) Motor vehicle.--The term ``motor
vehicle'' means a vehicle, machine, tractor, trailer,
or semitrailer propelled or drawn by mechanical power
and used on a highway in transportation, or a
combination determined by the Secretary, but does not
include a vehicle, locomotive, or car operated only on
a rail, or a trolley bus operated by electric power
from a fixed overhead wire, and providing local
passenger transportation similar to street-railway
service.
[(15)] (16) Noncontiguous domestic trade.--The term
``noncontiguous domestic trade'' means transportation
subject to jurisdiction under chapter 135 involving
traffic originating in or destined to Alaska, Hawaii,
or a territory or possession of the United States.
[(16)] (17) Person.--The term ``person'', in addition
to its meaning under section 1 of title 1, includes a
trustee, receiver, assignee, or personal representative
of a person.
[(17)] (18) Pre-arranged ground transportation
service.--The term ``pre-arranged ground transportation
service'' means transportation for a passenger (or a
group of passengers) that is arranged in advance (or is
operated on a regular route or between specified
points) and is provided in a motor vehicle with a
seating capacity not exceeding 15 passengers (including
the driver).
[(18)] (19) Secretary.--The term ``Secretary'' means
the Secretary of Transportation.
[(19)] (20) State.--The term ``State'' means the 50
States of the United States and the District of
Columbia.
[(20)] (21) Taxicab service.--The term ``taxicab
service'' means passenger transportation in a motor
vehicle having a capacity of not more than 8 passengers
(including the driver), not operated on a regular route
or between specified places, and that--
(A) is licensed as a taxicab by a State or a
local jurisdiction; or
(B) is offered by a person that--
(i) provides local transportation for
a fare determined (except with respect
to transportation to or from airports)
primarily on the basis of the distance
traveled; and
(ii) does not primarily provide
transportation to or from airports.
[(21)] (22 ) Transportation.--The term
``transportation'' includes--
(A) a motor vehicle, vessel, warehouse,
wharf, pier, dock, yard, property, facility,
instrumentality, or equipment of any kind
related to the movement of passengers or
property, or both, regardless of ownership or
an agreement concerning use; and
(B) services related to that movement,
including arranging for, receipt, delivery,
elevation, transfer in transit, refrigeration,
icing, ventilation, storage, handling, packing,
unpacking, and interchange of passengers and
property.
[(22)] (23) United states.--The term ``United
States'' means the States of the United States and the
District of Columbia.
[(23)] (24) Vessel.--The term ``vessel'' means a
watercraft or other artificial contrivance that is
used, is capable of being used, or is intended to be
used, as a means of transportation by water.
[(24)] (25) Water carrier.--The term ``water
carrier'' means a person providing water transportation
for compensation.
* * * * * * *
Sec. 13107. Maintenance of effort for State recreational boating safety
programs
(a) In General.--The amount payable to a State for a fiscal
year from an allocation under section 13103 of this chapter
shall be reduced if the usual amounts expended by the State for
the State's recreational boating safety program, as determined
under section 13105 of this chapter, for the previous fiscal
year is less than the average of the total of such expenditures
for the 3 fiscal years immediately preceding that previous
fiscal year. The reduction shall be proportionate, as a
percentage, to the amount by which the level of State
expenditures for such previous fiscal year is less than the
average of the total of such expenditures for the 3 fiscal
years immediately preceding that previous fiscal year.
(b) Reduction of Threshold.--If the total amount available
for allocation and distribution under this chapter in a fiscal
year for all participating State recreational boating safety
programs is less than such amount for the preceding fiscal
year, the level of State expenditures required under subsection
(a) of this section for the preceding fiscal year shall be
decreased proportionately.
(c) Waiver.--
(1) In general.--Upon the written request of a State,
the Secretary may waive the provisions of subsection
(a) of this section for 1 fiscal year if the Secretary
determines that a reduction in expenditures for the
State's recreational boating safety program is
attributable to a non-selective reduction in
expenditures for the programs of all Executive branch
agencies of the State government, or for other reasons
if the State demonstrates to the Secretary's
satisfaction that such waiver is warranted.
(2) 30-day decision.--The Secretary shall approve or
deny a request for a waiver not later than 30 days
after the date the request is received.
* * * * * * *
Sec. 13506. Miscellaneous motor carrier transportation exemptions
(a) In General.--Neither the Secretary nor the Board has
jurisdiction under this part over--
(1) a motor vehicle transporting only school children
and teachers to or from school;
(2) a motor vehicle providing taxicab service;
(3) a motor vehicle owned or operated by or for a
hotel and only transporting hotel patrons between the
hotel and the local station of a carrier;
(4) a motor vehicle controlled and operated by a
farmer and transporting--
(A) the farmer's agricultural or
horticultural commodities and products; or
(B) supplies to the farm of the farmer;
(5) a motor vehicle controlled and operated by a
cooperative association (as defined by section 15(a) of
the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or
by a federation of cooperative associations if the
federation has no greater power or purposes than a
cooperative association, except that if the cooperative
association or federation provides transportation for
compensation between a place in a State and a place in
another State, or between a place in a State and
another place in the same State through another State--
(A) for a nonmember that is not a farmer,
cooperative association, federation, or the
United States Government, the transportation
(except for transportation otherwise exempt
under this subchapter)--
(i) shall be limited to
transportation incidental to the
primary transportation operation of the
cooperative association or federation
and necessary for its effective
performance; and
(ii) may not exceed in each fiscal
year 25 percent of the total
transportation of the cooperative
association or federation between those
places, measured by tonnage; and
(B) the transportation for all nonmembers may
not exceed in each fiscal year, measured by
tonnage, the total transportation between those
places for the cooperative association or
federation and its members during that fiscal
year;
[(6) transportation by motor vehicle of--
[(A) ordinary livestock;
[(B) agricultural or horticultural
commodities (other than manufactured products
thereof);
[(C) commodities listed as exempt in the
Commodity List incorporated in ruling numbered
107, March 19, 1958, Bureau of Motor Carriers,
Interstate Commerce Commission, other than
frozen fruits, frozen berries, frozen
vegetables, cocoa beans, coffee beans, tea,
bananas, or hemp, or wool imported from a
foreign country, wool tops and noils, or wool
waste (carded, spun, woven, or knitted);
[(D) cooked or uncooked fish, whether breaded
or not, or frozen or fresh shellfish, or
byproducts thereof not intended for human
consumption, other than fish or shellfish that
have been treated for preserving, such as
canned, smoked, pickled, spiced, corned, or
kippered products; and
[(E) livestock and poultry feed and
agricultural seeds and plants, if such products
(excluding products otherwise exempt under this
paragraph) are transported to a site of
agricultural production or to a business
enterprise engaged in the sale to agricultural
producers of goods used in agricultural
production;]
[(7)] (6) a motor vehicle used only to distribute
newspapers;
[(8)(A)] (7)(A) transportation of passengers by motor
vehicle incidental to transportation by aircraft;
(B) transportation of property (including baggage) by
motor vehicle as part of a continuous movement which,
prior or subsequent to such part of the continuous
movement, has been or will be transported by an air
carrier or (to the extent so agreed by the United
States and approved by the Secretary) by a foreign air
carrier; or
(C) transportation of property by motor vehicle in
lieu of transportation by aircraft because of adverse
weather conditions or mechanical failure of the
aircraft or other causes due to circumstances beyond
the control of the carrier or shipper;
[(9)] (8) the operation of a motor vehicle in a
national park or national monument;
[(10)] (9) a motor vehicle carrying not more than 15
individuals in a single, daily roundtrip to commute to
and from work; or
[(11) transportation of used pallets and used empty
shipping containers (including intermodal cargo
containers), and other used shipping devices (other
than containers or devices used in the transportation
of motor vehicles or parts of motor vehicles);
[(12) transportation of natural, crushed, vesicular
rock to be used for decorative purposes;
[(13) transportation of wood chips;]
[(14)] (10) brokers for motor carriers of passengers,
except as provided in section [13904(d); or] 14904(d).
[(15) transportation of broken, crushed, or powdered
glass.]
(b) Exempt Unless Otherwise Necessary.--Except to the extent
the Secretary or Board, as applicable, finds it necessary to
exercise jurisdiction to carry out the transportation policy of
section 13101, neither the Secretary nor the Board has
jurisdiction under this part over--
(1) transportation provided entirely in a
municipality, in contiguous municipalities, or in a
zone that is adjacent to, and commercially a part of,
the municipality or municipalities, except--
(A) when the transportation is under common
control, management, or arrangement for a
continuous carriage or shipment to or from a
place outside the municipality, municipalities,
or zone; or
(B) that in transporting passengers over a
route between a place in a State and a place in
another State, or between a place in a State
and another place in the same State through
another State, the transportation is exempt
from jurisdiction under this part only if the
motor carrier operating the motor vehicle also
is lawfully providing intrastate transportation
of passengers over the entire route under the
laws of each State through which the route
runs;
(2) transportation by motor vehicle provided
casually, occasionally, or reciprocally but not as a
regular occupation or business, except when a broker or
other person sells or offers for sale passenger
transportation provided by a person authorized to
transport passengers by motor vehicle under an
application pending, or registration issued, under this
part; or
(3) the emergency towing of an accidentally wrecked
or disabled motor vehicle.
Sec. 13507. Mixed loads of regulated and unregulated property
A motor carrier of property providing transportation exempt
from jurisdiction under paragraph [(6), (8), (11), (12), or
(13)] (6) of section 13506(a) may transport property under such
paragraph in the same vehicle and at the same time as property
which the carrier is authorized to transport under a
registration issued under section 13902(a). Such transportation
shall not affect the unregulated status of such exempt property
or the regulated status of the property which the carrier is
authorized to transport under such registration.
Sec. 13707. Payment of rates
(a) Transfer of Possession Upon Payment.--Except as provided
in subsection (b), a carrier providing transportation or
service subject to jurisdiction under this part shall give up
possession at the destination of the property transported by it
only when payment for the transportation or service is made.
(b) Exceptions.--
(1) Regulations.--Under regulations of the Secretary
governing the payment for transportation and service
and preventing discrimination, those carriers may give
up possession at destination of property transported by
them before payment for the transportation or service.
The regulations of the Secretary may provide for weekly
or monthly payment for transportation provided by motor
carriers and for periodic payment for transportation
provided by water carriers.
(2) Extensions of credit to governmental entities.--
Such a carrier (including a motor carrier being used by
a household goods freight forwarder) may extend credit
for transporting property for the United States
Government, a State, a territory or possession of the
United States, or a political subdivision of any of
them.
(3) Shipments of household goods.--
(A) In general.--A carrier providing
transportation for a shipment of household
goods shall give up possession of the household
goods transported at the destination upon
payment of--
(i) 100 percent of the charges
contained in a binding estimate
provided by the carrier;
(ii) not more than 110 percent of the
charges contained in a nonbinding
estimate provided by the carrier; or
(iii) in the case of a partial
delivery of the shipment, the prorated
percentage of the charges calculated in
accordance with subparagraph (B).
(B) Calculation of prorated charges.--For
purposes of subparagraph (A)(iii), the prorated
percentage of the charges shall be the
percentage of the total charges due to the
carrier as described in clause (i) or (ii) of
subparagraph (A) that is equal to the
percentage of the weight of that portion of the
shipment delivered to the total weight of the
shipment.
(C) Post-contract services.--Subparagraph (A)
does not apply to additional services requested
by a shipper after the contract of service is
executed that were not included in the
estimate.
(D) Impracticable operations.--Subparagraph
(A) does not apply to impracticable operations,
as defined by the applicable carrier tariff,
except that the charges collected at delivery
for such operations shall not exceed 15 percent
of all other charges due at delivery. Any
remaining charges due shall be paid within 30
days after the carrier presents its freight
bill.
Sec. 13902. Registration of motor carriers
(a) Motor Carrier Generally.--
(1) In general.--Except as provided in this section,
the Secretary shall register a person to provide
transportation subject to jurisdiction under subchapter
I of chapter 135 of this title as a motor carrier if
the Secretary finds that the person is willing and able
to comply with--
(A) this part and the applicable regulations
of the Secretary and the Board;
[(B) any safety regulations imposed by the
Secretary and the safety fitness requirements
established by the Secretary under section
31144; and]
(B) any safety regulations imposed by the
Secretary, the duties of employers and
employees established by the Secretary under
section 31135, and the safety fitness
requirements established by the Secretary under
section 31144; and
(C) the minimum financial responsibility
requirements established by the Secretary
pursuant to sections 13906 and 31138.
(2) Consideration of evidence; findings.--The
Secretary shall consider and, to the extent applicable,
make findings on, any evidence demonstrating that the
registrant is unable to comply with the requirements of
subparagraph (A), (B), or (C) of paragraph (1).
(3) Withholding.--If the Secretary determines that
any registrant under this section does not meet the
requirements of paragraph (1), the Secretary shall
withhold registration.
(4) Limitation on complaints.--The Secretary may hear
a complaint from any person concerning a registration
under this subsection only on the ground that the
registrant fails or will fail to comply with this part,
the applicable regulations of the Secretary and the
Board, the safety regulations of the Secretary, or the
safety fitness or minimum financial responsibility
requirements of paragraph (1) of this subsection.
(b) Motor Carriers of Passengers.--
(1) Registration of private recipients of
governmental assistance.--The Secretary shall register
under subsection (a)(1) a private recipient of
governmental assistance to provide special or charter
transportation subject to jurisdiction under subchapter
I of chapter 135 as a motor carrier of passengers if
the Secretary finds that the recipient meets the
requirements of subsection (a)(1), unless the Secretary
finds, on the basis of evidence presented by any person
objecting to the registration, that the transportation
to be provided pursuant to the registration is not in
the public interest.
(2) Registration of public recipients of governmental
assistance.--
(A) Charter transportation.--The Secretary
shall register under subsection (a)(1) a public
recipient of governmental assistance to provide
special or charter transportation subject to
jurisdiction under subchapter I of chapter 135
as a motor carrier of passengers if the
Secretary finds that--
(i) the recipient meets the
requirements of subsection (a)(1); and
(ii)(I) no motor carrier of
passengers (other than a motor carrier
of passengers which is a public
recipient of governmental assistance)
is providing, or is willing to provide,
the transportation; or
(II) the transportation is to be
provided entirely in the area in which
the public recipient provides regularly
scheduled mass transportation services.
(B) Regular-route transportation.--The
Secretary shall register under subsection
(a)(1) a public recipient of governmental
assistance to provide regular-route
transportation subject to jurisdiction under
subchapter I of chapter 135 as a motor carrier
of passengers if the Secretary finds that the
recipient meets the requirements of subsection
(a)(1), unless the Secretary finds, on the
basis of evidence presented by any person
objecting to the registration, that the
transportation to be provided pursuant to the
registration is not in the public interest.
(C) Treatment of certain public recipients.--
Any public recipient of governmental assistance
which is providing or seeking to provide
transportation of passengers subject to
jurisdiction under subchapter I of chapter 135
shall, for purposes of this part, be treated as
a person which is providing or seeking to
provide transportation of passengers subject to
such jurisdiction.
(3) Intrastate transportation by interstate
carriers.--A motor carrier of passengers that is
registered by the Secretary under subsection (a) is
authorized to provide regular-route transportation
entirely in one State as a motor carrier of passengers
if such intrastate transportation is to be provided on
a route over which the carrier provides interstate
transportation of passengers.
(4) Preemption of state regulation regarding certain
service.--No State or political subdivision thereof and
no interstate agency or other political agency of 2 or
more States shall enact or enforce any law, rule,
regulation, standard or other provision having the
force and effect of law relating to the provision of
pickup and delivery of express packages, newspapers, or
mail in a commercial zone if the shipment has had or
will have a prior or subsequent movement by bus in
intrastate commerce and, if a city within the
commercial zone, is served by a motor carrier of
passengers providing regular-route transportation of
passengers subject to jurisdiction under subchapter I
of chapter 135.
(5) Jurisdiction over certain intrastate
transportation.--Subject to section 14501(a), any
intrastate transportation authorized by this subsection
shall be treated as transportation subject to
jurisdiction under subchapter I of chapter 135 until
such time as the carrier takes such action as is
necessary to establish under the laws of such State
rates, rules, and practices applicable to such
transportation, but in no case later than the 30th day
following the date on which the motor carrier of
passengers first begins providing transportation
entirely in one State under this paragraph.
(6) Special operations.--This subsection shall not
apply to any regular-route transportation of passengers
provided entirely in one State which is in the nature
of a special operation.
(7) Suspension or revocation.--Intrastate
transportation authorized under this subsection may be
suspended or revoked by the Secretary under section
13905 of this title at any time.
(8) Definitions.--In this subsection, the following
definitions apply:
(A) Public recipient of governmental
assistance.--The term ``public recipient of
governmental assistance'' means--
(i) any State,
(ii) any municipality or other
political subdivision of a State,
(iii) any public agency or
instrumentality of one or more States
and municipalities and political
subdivisions of a State,
(iv) any Indian tribe, and
(v) any corporation, board, or other
person owned or controlled by any
entity described in clause (i), (ii),
(iii), or (iv),
which before, on, or after January 1, 1996,
received governmental assistance for the
purchase or operation of any bus.
(B) Private recipient of government
assistance.--The term ``private recipient of
government assistance'' means any person (other
than a person described in subparagraph (A))
who before, on, or after January 1, 1996,
received governmental financial assistance in
the form of a subsidy for the purchase, lease,
or operation of any bus.
(c) Restrictions on Motor Carriers Domiciled in or Owned or
Controlled by Nationals of a Contiguous Foreign Country.--
(1) Prevention of discriminatory practices.--If the
President, or the delegate thereof, determines that an
act, policy, or practice of a foreign country
contiguous to the United States, or any political
subdivision or any instrumentality of any such country
is unreasonable or discriminatory and burdens or
restricts United States transportation companies
providing, or seeking to provide, motor carrier
transportation to, from, or within such foreign
country, the President or such delegate may--
(A) seek elimination of such practices
through consultations; or
(B) notwithstanding any other provision of
law, suspend, modify, amend, condition, or
restrict operations, including geographical
restriction of operations, in the United States
by motor carriers of property or passengers
domiciled in such foreign country or owned or
controlled by persons of such foreign country.
(2) Equalization of treatment.--Any action taken
under paragraph (1)(A) to eliminate an act, policy, or
practice shall be so devised so as to equal to the
extent possible the burdens or restrictions imposed by
such foreign country on United States transportation
companies.
(3) Removal or modification.--The President, or the
delegate thereof, may remove or modify in whole or in
part any action taken under paragraph (1)(A) if the
President or such delegate determines that such removal
or modification is consistent with the obligations of
the United States under a trade agreement or with
United States transportation policy.
(4) Protection of existing operations.--Unless and
until the President, or the delegate thereof, makes a
determination under paragraph (1) or (3), nothing in
this subsection shall affect--
(A) operations of motor carriers of property
or passengers domiciled in any contiguous
foreign country or owned or controlled by
persons of any contiguous foreign country
permitted in the commercial zones along the
United States-Mexico border as such zones were
defined on December 31, 1995; or
(B) any existing restrictions on operations
of motor carriers of property or passengers
domiciled in any contiguous foreign country or
owned or controlled by persons of any
contiguous foreign country or any modifications
thereof pursuant to section 6 of the Bus
Regulatory Reform Act of 1982.
(5) Publication; comment.--Unless the President, or
the delegate thereof, determines that expeditious
action is required, the President shall publish in the
Federal Register any determination under paragraph (1)
or (3), together with a description of the facts on
which such a determination is based and any proposed
action to be taken pursuant to paragraph (1)(B) or (3),
and provide an opportunity for public comment.
(6) Delegation to secretary.--The President may
delegate any or all authority under this subsection to
the Secretary, who shall consult with other agencies as
appropriate. In accordance with the directions of the
President, the Secretary may issue regulations to
enforce this subsection.
(7) Civil actions.--Either the Secretary or the
Attorney General may bring a civil action in an
appropriate district court of the United States to
enforce this subsection or a regulation prescribed or
order issued under this subsection. The court may award
appropriate relief, including injunctive relief.
(8) Limitation on statutory construction.--This
subsection shall not be construed as affecting the
requirement for all foreign motor carriers and foreign
motor private carriers operating in the United States
to comply with all applicable laws and regulations
pertaining to fitness, safety of operations, financial
responsibility, and taxes imposed by section 4481 of
the Internal Revenue Code of 1986.
(d) Transition Rule.--
(1) In general.--Pending the implementation of the
rulemaking required by section 13908, the Secretary may
register a person under this section--
(A) as a motor common carrier if such person
would have been issued a certificate to provide
transportation as a motor common carrier under
this subtitle on December 31, 1995; and
(B) as a motor contract carrier if such
person would have been issued a permit to
provide transportation as a motor contract
carrier under this subtitle on such day.
(2) Definitions.--In this subsection, the terms
``motor common carrier'' and ``motor contract carrier''
have the meaning such terms had under section 10102 as
such section was in effect on December 31, 1995.
(3) Termination.--This subsection shall cease to be
in effect on the transition termination date.
(e) Penalties for Failure To Comply With Registration
Requirements.--In addition to other penalties available under
law, motor carriers that fail to register their operations as
required by this section or that operate beyond the scope of
their registrations may be subject to the following penalties:
(1) Out-of-service orders.--If, upon inspection or
investigation, the Secretary determines that a motor
vehicle providing transportation requiring registration
under this section is operating without a registration
or beyond the scope of its registration, the Secretary
may order the vehicle out-of-service. Subsequent to the
issuance of the out-of-service order, the Secretary
shall provide an opportunity for review in accordance
with section 554 of title 5, United States Code; except
that such review shall occur not later than 10 days
after issuance of such order.
(2) Permission for operations.--A person domiciled in
a country contiguous to the United States with respect
to which an action under subsection (c)(1)(A) or
(c)(1)(B) is in effect and providing transportation for
which registration is required under this section shall
maintain evidence of such registration in the motor
vehicle when the person is providing the
transportation. The Secretary shall not permit the
operation in interstate commerce in the United States
of any motor vehicle in which there is not a copy of
the registration issued pursuant to this section.
(f) Modification of Carrier Registration.--
(1) In general.--On and after the transition
termination date, the Secretary--
(A) may not register a motor carrier under
this section as a motor common carrier or a
motor contract carrier;
(B) shall register applicants under this
section as motor carriers; and
(C) shall issue any motor carrier registered
under this section after that date a motor
carrier certificate of registration that
specifies whether the holder of the certificate
may provide transportation of persons,
household goods, other property, or any
combination thereof.
(2) Pre-existing certificates and permits.--The
Secretary shall redesignate any motor carrier
certificate or permit issued before the transition
termination date as a motor carrier certificate of
registration. On and after the transition termination
date, any person holding a motor carrier certificate of
registration redesignated under this paragraph may
provide both contract carriage (as defined in section
13102(4)(B) of this title) and transportation under
terms and conditions meeting the requirements of
section 13710(a)(1) of this title. The Secretary may
not, pursuant to any regulation or form issued before
or after the transition termination date, make any
distinction among holders of motor carrier certificates
of registration on the basis of whether the holder
would have been classified as a common carrier or as a
contract carrier under--
(A) subsection (d) of this section, as that
section was in effect before the transition
termination date; or
(B) any other provision of this title that
was in effect before the transition termination
date.
(3) Transition termination date defined.--In
subsection (d) and this subsection, the term
``transition termination date'' means the first day of
January occurring more than 12 months after the date of
enactment of the Unified Carrier Registration Act of
2005.
[(f)] (g) Motor Carrier Defined.--In this section and
sections 13905 and 13906, the term ``motor carrier'' includes
foreign motor private carriers.
Sec. 13905. Effective periods of registration
(a) Person Holding ICC Authority.--Any person having
authority to provide transportation or service as a motor
carrier, freight forwarder, or broker under this title, as in
effect on December 31, 1995, shall be deemed, for purposes of
this part, to be registered to provide such transportation or
service under this part.
(b) Person Registered With Secretary.--
(1) In general.--Except as provided in paragraph (2),
any person having registered with the Secretary to
provide transportation or service as a motor carrier or
motor private carrier under this title, as in effect on
January 1, 2005, but not having registered pursuant to
section 13902(a) of this title, shall be deemed, for
purposes of this part, to be registered to provide such
transportation or service for purposes of sections
13908 and 14504a of this title.
(2) Exclusively intrastate operators.--Paragraph (1)
does not apply to a motor carrier or motor private
carrier (including a transporter of waste or recyclable
materials) engaged exclusively in intrastate
transportation operations.
[(b)] (c) In General.--Except as otherwise provided in this
part, each registration issued under section 13902, 13903, or
13904 shall be effective from the date specified by the
Secretary and shall remain in effect for such period as the
Secretary determines appropriate by regulation.
[(c)] (d) Suspension, Amendments, and Revocations.--
(1) In general.--On application of the registrant,
the Secretary may amend or revoke a registration. On
complaint or on the Secretary's own initiative and
after notice and an opportunity for a proceeding, the
Secretary may (A) suspend, amend, or revoke any part of
the registration of a motor carrier, broker, or freight
forwarder for willful failure to comply with this part,
an applicable regulation or order of the Secretary or
of the Board, or a condition of its registration; and
(B) suspend, amend, or revoke any part of the
registration of a motor carrier, broker, or freight
forwarder: (i) for failure to pay a civil penalty
imposed under chapter 5, 51, 149, or 311 of this title;
or (ii) for failure to arrange and abide by an
acceptable payment plan for such civil penalty, within
90 days of the time specified by order of the Secretary
for the payment of such penalty. Subparagraph (B) shall
not apply to any person who is unable to pay a civil
penalty because such person is a debtor in a case under
chapter 11 of title 11, United States Code.
(2) Regulations.--Not later than 12 months after the
date of the enactment of this paragraph, the Secretary,
after notice and opportunity for public comment, shall
issue regulations to provide for the suspension,
amendment, or revocation of a registration under this
part for failure to pay a civil penalty as provided in
paragraph (1)(B).
[(d)] (e) Procedure.--Except on application of the
registrant, the Secretary may revoke a registration of a motor
carrier, freight forwarder, or broker, only after--
(1) the Secretary has issued an order to the
registrant under section 14701 requiring compliance
with this part, a regulation of the Secretary, or a
condition of the registration; and
(2) the registrant willfully does not comply with the
order for a period of 30 days.
[(e)] (f) Expedited Procedure.--
[(1) Protection of safety.--Without regard to
subchapter II of chapter 5 of title 5, the Secretary
may suspend the registration of a motor carrier, a
freight forwarder, or a broker for failure to comply
with safety requirements of the Secretary or the safety
fitness requirements pursuant to section 13904(c),
13906, or 31144 of this title, or an order or
regulation of the Secretary prescribed under those
sections.]
(1) Protection of safety.--Notwithstanding subchapter
II of chapter 5 of title 5, the Secretary--
(A) may suspend the registration of a motor
carrier, a freight forwarder, or a broker for
failure to comply with requirements of the
Secretary pursuant to section 13904(c) or 13906
of this title, or an order or regulation of the
Secretary prescribed under those sections; and
(B) shall revoke the registration of a motor
carrier that has been prohibited from operating
in interstate commerce for failure to comply
with the safety fitness requirements of section
31144 of this title.
(2) Imminent hazard to public health.--Without regard
to subchapter II of chapter 5 of title 5, the Secretary
[may suspend a registration] shall revoke the
registration of a motor carrier of passengers if the
Secretary finds that such carrier has been conducting
unsafe operations which are an imminent hazard to
public health or property.
[(3) Notice; period of suspension.--The Secretary may
suspend under this subsection the registration only
after giving notice of the suspension to the
registrant. The suspension remains in effect until the
registrant complies with those applicable sections or,
in the case of a suspension under paragraph (2), until
the Secretary revokes such suspension.]
(3) Notice; period of suspension.--The Secretary may
suspend or revoke under this subsection the
registration only after giving notice of the suspension
or revocation to the registrant. A suspension remains
in effect until the registrant complies with the
applicable sections or, in the case of a suspension
under paragraph (2), until the Secretary revokes the
suspension.
Sec. 13906. Security of motor carriers, motor private carriers,
brokers, and freight forwarders
(a) Motor Carrier Requirements.--
(1) Liability insurance requirement.--The Secretary
may register a motor carrier under section 13902 only
if the registrant files with the Secretary a bond,
insurance policy, or other type of security approved by
the Secretary, in an amount not less than such amount
as the Secretary prescribes pursuant to, or as is
required by, sections 31138 and 31139, and the laws of
the State or States in which the registrant is
operating, to the extent applicable. The security must
be sufficient to pay, not more than the amount of the
security, for each final judgment against the
registrant for bodily injury to, or death of, an
individual resulting from the negligent operation,
maintenance, or use of motor vehicles, or for loss or
damage to property (except property referred to in
paragraph (3) of this subsection), or both. A
registration remains in effect only as long as the
registrant continues to satisfy the security
requirements of this paragraph.
(2) Security requirement.--Not later than 120 days
after the date of enactment of the Unified Carrier
Registration Act of 2005, any person, other than a
motor private carrier, registered with the Secretary to
provide transportation or service as a motor carrier
under section 13905(b) of this title shall file with
the Secretary a bond, insurance policy, or other type
of security approved by the Secretary, in an amount not
less than required by sections 31138 and 31139 of this
title.
[(2)] (3) Agency requirement.--A motor carrier shall
comply with the requirements of sections 13303 and
13304. To protect the public, the Secretary may require
any such motor carrier to file the type of security
that a motor carrier is required to file under
paragraph (1) of this subsection. This paragraph only
applies to a foreign motor private carrier and foreign
motor carrier operating in the United States to the
extent that such carrier is providing transportation
between places in a foreign country or between a place
in one foreign country and a place in another foreign
country.
[(3)] (4) Transportation insurance.--The Secretary
may require a registered motor carrier to file with the
Secretary a type of security sufficient to pay a
shipper or consignee for damage to property of the
shipper or consignee placed in the possession of the
motor carrier as the result of transportation provided
under this part. A carrier required by law to pay a
shipper or consignee for loss, damage, or default for
which a connecting motor carrier is responsible is
subrogated, to the extent of the amount paid, to the
rights of the shipper or consignee under any such
security.
(b) Broker Requirements.--The Secretary may register a person
as a broker under section 13904 only if the person files with
the Secretary a bond, insurance policy, or other type of
security approved by the Secretary to ensure that the
transportation for which a broker arranges is provided. The
registration remains in effect only as long as the broker
continues to satisfy the security requirements of this
subsection.
(c) Freight Forwarder Requirements.--
(1) Liability insurance.--The Secretary may register
a person as a freight forwarder under section 13903 of
this title only if the person files with the Secretary
a bond, insurance policy, or other type of security
approved by the Secretary. The security must be
sufficient to pay, not more than the amount of the
security, for each final judgment against the freight
forwarder for bodily injury to, or death of, an
individual, or loss of, or damage to, property (other
than property referred to in paragraph (2) of this
subsection), resulting from the negligent operation,
maintenance, or use of motor vehicles by or under the
direction and control of the freight forwarder when
providing transfer, collection, or delivery service
under this part.
(2) Freight forwarder insurance.--The Secretary may
require a registered freight forwarder to file with the
Secretary a bond, insurance policy, or other type of
security approved by the Secretary sufficient to pay,
not more than the amount of the security, for loss of,
or damage to, property for which the freight forwarder
provides service.
(3) Effective period.--The freight forwarder's
registration remains in effect only as long as the
freight forwarder continues to satisfy the security
requirements of this subsection.
(d) Type of Insurance.--The Secretary may determine the type
and amount of security filed under this section. A motor
carrier may submit proof of qualifications as a self-insurer to
satisfy the security requirements of this section. The
Secretary shall adopt regulations governing the standards for
approval as a self-insurer. Motor carriers which have been
granted authority to self-insure as of January 1, 1996, shall
retain that authority unless, for good cause shown and after
notice and an opportunity for a hearing, the Secretary finds
that the authority must be revoked.
(e) Notice of Cancellation of Insurance.--The Secretary shall
issue regulations requiring the submission to the Secretary of
notices of insurance cancellation sufficiently in advance of
actual cancellation so as to enable the Secretary to promptly
revoke the registration of any carrier or broker after the
effective date of the cancellation.
(f) Form of Endorsement.--The Secretary shall also prescribe
the appropriate form of endorsement to be appended to policies
of insurance and surety bonds which will subject the insurance
policy or surety bond to the full security limits of the
coverage required under this section.
[Sec. 13908. Registration and other reforms
[(a) Regulations Replacing Certain Programs.--The Secretary,
in cooperation with the States, and after notice and
opportunity for public comment, shall issue regulations to
replace the current Department of Transportation identification
number system, the single State registration system under
section 14504, the registration system contained in this
chapter, and the financial responsibility information system
under section 13906 with a single, on-line, Federal system. The
new system shall serve as a clearinghouse and depository of
information on and identification of all foreign and domestic
motor carriers, brokers, and freight forwarders, and others
required to register with the Department as well as information
on safety fitness and compliance with required levels of
financial responsibility. In issuing the regulations, the
Secretary shall consider whether or not to integrate the
requirements of section 13304 into the new system and may
integrate such requirements into the new system.
[(b) Factors To Be Considered.--In conducting the rulemaking
under subsection (a), the Secretary shall, at a minimum,
consider the following factors:
[(1) Funding for State enforcement of motor carrier
safety regulations.
[(2) Whether the existing single State registration
system is duplicative and burdensome.
[(3) The justification and need for collecting the
statutory fee for such system under section
14504(c)(2)(B)(iv).
[(4) The public safety.
[(5) The efficient delivery of transportation
services.
[(6) How, and under what conditions, to extend the
registration system to motor private carriers and to
carriers exempt under sections 13502, 13503, and 13506.
[(c) Fee System.--The Secretary may establish, under section
9701 of title 31, a fee system for registration and filing
evidence of financial responsibility under the new system under
subsection (a). Fees collected under the fee system shall cover
the costs of operating and upgrading the registration system,
including all personnel costs associated with the system. Fees
collected under this subsection may be credited to the
Department of Transportation appropriations account for
purposes for which such fees are collected, and shall be
available for expenditure until expended.
[(d) State Registration Programs.--If the Secretary
determines that no State should require insurance filings or
collect fees for such filings (including filings and fees
authorized under section 14504), the Secretary may prevent any
State or political subdivision thereof, or any political
authority of 2 or more States, from imposing any insurance
filing requirements or fees that are for the same purposes as
filings or fees the Secretary requires under the new system
under subsection (a). The Secretary may not take any action
pursuant to this subsection unless--
[(1) fees that will be collected by the Secretary
under subsection (c) and distributed in each fiscal
year to the States will provide each State with at
least as much revenue as that State received in fiscal
year 1995 under section 11506, as in effect on December
31, 1995; and
[(2) all States will receive from the distribution of
such fees a minimum apportionment.
[(e) Deadline for Conclusion; Modifications.--Not later than
24 months after January 1, 1996, the Secretary--
[(1) shall conclude the rulemaking under this
section;
[(2) may implement such changes under this section as
the Secretary considers appropriate and in the public
interest; and
[(3) shall transmit to Congress a report on any
findings of the rulemaking and the changes being
implemented under this section, together with such
recommendations for legislative language necessary to
conform this part to such changes.]
Sec. 13908. Registration and other reforms
(a) Establishment of Unified Carrier Registration System.--
The Secretary, in cooperation with the States, representatives
of the motor carrier, motor private carrier, freight forwarder
and broker industries, and after notice and opportunity for
public comment, shall issue within 1 year after the date of
enactment of the Unified Carrier Registration Act of 2005
regulations to establish, an online, Federal registration
system to be named the Unified Carrier Registration System to
replace--
(1) the current Department of Transportation
identification number system, the Single State
Registration System under section 14504 of this title;
(2) the registration system contained in this chapter
and the financial responsibility information system
under section 13906; and
(3) the service of process agent systems under
sections 503 and 13304 of this title.
(b) Role as Clearinghouse and Depository of Information.--The
Unified Carrier Registration System shall serve as a
clearinghouse and depository of information on, and
identification of, all foreign and domestic motor carriers,
motor private carriers, brokers, and freight forwarders, and
others required to register with the Department, including
information with respect to a carrier's safety rating,
compliance with required levels of financial responsibility,
and compliance with the provisions of section 14504a of this
title. The Secretary shall ensure that Federal agencies,
States, representatives of the motor carrier industry, and the
public have access to the Unified Carrier Registration System,
including the records and information contained in the System.
(c) Procedures for Correcting Information.--Not later than 60
days after the effective date of this section, the Secretary
shall prescribe regulations establishing procedures that enable
a motor carrier to correct erroneous information contained in
any part of the Unified Carrier Registration System.
(d) Fee System.--The Secretary shall establish, under section
9701 of title 31, a fee system for the Unified Carrier
Registration System according to the following guidelines:
(1) Registration and filing evidence of financial
responsibility.--The fee for new registrants shall as
nearly as possible cover the costs of processing the
registration and conducting the safety audit or
examination, if required, but shall not exceed $300.
(2) Evidence of financial responsibility.--The fee
for filing evidence of financial responsibility
pursuant to this section shall not exceed $10 per
filing. No fee shall be charged for a filing for
purposes of designating an agent for service of process
or the filing of other information relating to
financial responsibility.
(3) Access and retrieval fees.--
(A) In general.--Except as provided in
subparagraph (B), the fee system shall include
a nominal fee for the access to or retrieval of
information from the Unified Carrier
Registration System to cover the costs of
operating and upgrading the System, including
the personnel costs incurred by the Department
and the costs of administration of the Unified
Carrier Registration Agreement.
(B) Exceptions.--There shall be no fee
charged--
(i) to any agency of the Federal
Government or a State government or any
political subdivision of any such
government for the access to or
retrieval of information and data from
the Unified Carrier Registration System
for its own use; or
(ii) to any representative of a motor
carrier, motor private carrier, leasing
company, broker, or freight forwarder
(as each is defined in section 14504a
of this title) for the access to or
retrieval of the individual information
related to such entity from the Unified
Carrier Registration System for the
individual use of such entity.
(e) Application to Certain Intrastate Operations.--Nothing in
this section requires the registration of a motor carrier, a
motor private carrier of property, or a transporter of waste or
recyclable materials operating exclusively in intrastate
transportation not otherwise required to register with the
Secretary under another provision of this title.
Sec. 14104. Household goods carrier operations
(a) General Regulatory Authority.--
(1) Paperwork minimization.--The Secretary may issue
regulations, including regulations protecting
individual shippers, in order to carry out this part
with respect to the transportation of household goods
by motor carriers subject to jurisdiction under
subchapter I of chapter 135. The regulations and
paperwork required of motor carriers providing
transportation of household goods shall be minimized to
the maximum extent feasible consistent with the
protection of individual shippers.
(2) Performance standards.--
(A) In general.--Regulations of the Secretary
protecting individual shippers shall include,
where appropriate, reasonable performance
standards for the transportation of household
goods subject to jurisdiction under subchapter
I of chapter 135.
(B) Factors to consider.--In establishing
performance standards under this paragraph, the
Secretary shall take into account at least the
following--
(i) the level of performance that can
be achieved by a well-managed motor
carrier transporting household goods;
(ii) the degree of harm to individual
shippers which could result from a
violation of the regulation;
(iii) the need to set the level of
performance at a level sufficient to
deter abuses which result in harm to
consumers and violations of
regulations;
(iv) service requirements of the
carriers;
(v) the cost of compliance in
relation to the consumer benefits to be
achieved from such compliance; and
(vi) the need to set the level of
performance at a level designed to
encourage carriers to offer service
responsive to shipper needs.
(3) Limitations on statutory construction.--
Nothing in this section shall be construed to
limit the Secretary's authority to require
reports from motor carriers providing
transportation of household goods or to require
such carriers to provide specified information
to consumers concerning their past performance.
(b) Estimates.--
(1) Authority to provide without compensation.--Every
motor carrier providing transportation of household
goods subject to jurisdiction under subchapter I of
chapter 135, upon request of a prospective shipper, may
provide the shipper with an estimate of charges for
transportation of household goods and for the proposed
services. The Secretary shall not prohibit any such
carrier from charging a prospective shipper for
providing a written, binding estimate for the
transportation and proposed services.
(2) Other information.--At the time that a motor
carrier provides the written estimate required by
paragraph (1), the motor carrier shall provide the
shipper a copy of the Department of Transportation
publication FMCSA-ESA-03-005 (or its successor edition
or publication) entitled `Ready to Move?'. Before the
execution of a contract for service, a motor carrier
shall provide the shipper a copy of the Department of
Transportation publication OCE 100, entitled `Your
Rights and Responsibilities When You Move' required by
section 375.2 of title 49, Code of Federal Regulations
(or any corresponding similar regulation).
(3) Binding and nonbinding estimates.--The written
estimate required by paragraph (1) may be either
binding or nonbinding. The written estimate shall be
based on a visual inspection of the household goods if
the household goods are located within a 50-mile radius
of the location of the carrier's household goods agent
preparing the estimate. The Secretary may not prohibit
any such carrier from charging a prospective shipper
for providing a written, binding estimate for the
transportation and related services.
[(2)] (4) Applicability of antitrust laws.--Any
charge for an estimate of charges provided by a motor
carrier to a shipper for transportation of household
goods subject to jurisdiction under subchapter I of
chapter 135 shall be subject to the antitrust laws, as
defined in the first section of the Clayton Act (15
U.S.C. 12).
(c) Flexibility in Weighing Shipments.--The Secretary shall
issue regulations that provide motor carriers providing
transportation of household goods subject to jurisdiction under
subchapter I of chapter 135 with the maximum possible
flexibility in weighing shipments, consistent with assurance to
the shipper of accurate weighing practices. The Secretary shall
not prohibit such carriers from backweighing shipments or from
basing their charges on the reweigh weights if the shipper
observes both the tare and gross weighings (or, prior to such
weighings, waives in writing the opportunity to observe such
weighings) and such weighings are performed on the same scale.
* * * * * * *
Sec. 14124. Consumer complaints
(a) Establishment of System and Database.--The Secretary of
Transportation shall--
(1) establish a system to--
(A) file and log a complaint made by a
shipper that relates to motor carrier
transportation of household goods; and
(B) to solicit information gathered by a
State regarding the number and type of
complaints involving the interstate
transportation of household goods;
(2) establish a database of such complaints; and
(3) develop a procedure--
(A) to provide public access to the database,
subject to section 522a of title 5;
(B) to forward a complaint, including the
motor carrier bill of lading number, if known,
related to the complaint to a motor carrier
named in such complaint and to an appropriate
State authority (as defined in section 14710(c)
in the State in which the complainant resides;
and
(C) to permit a motor carrier to challenge
information in the database.
(b) Summary to Congress.--The Secretary shall transmit a
summary each year of the complaints filed and logged under
subsection (a) for the preceding calendar year to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure.
* * * * * * *
Sec. 14501. Federal authority over intrastate transportation
(a) Motor Carriers of Passengers.--
(1) Limitation on state law.--No State or political
subdivision thereof and no interstate agency or other
political agency of 2 or more States shall enact or
enforce any law, rule, regulation, standard, or other
provision having the force and effect of law relating
to--
(A) scheduling of interstate or intrastate
transportation (including discontinuance or
reduction in the level of service) provided by
a motor carrier of passengers subject to
jurisdiction under subchapter I of chapter 135
of this title on an interstate route;
(B) the implementation of any change in the
rates for such transportation or for any
charter transportation except to the extent
that notice, not in excess of 30 days, of
changes in schedules may be required; or
(C) the authority to provide intrastate or
interstate charter bus transportation.
This paragraph shall not apply to intrastate commuter
bus operations, or to intrastate bus transportation of
any nature in the State of Hawaii.
(2) Matters not covered.--Paragraph (1) shall not
restrict the safety regulatory authority of a State
with respect to motor vehicles, the authority of a
State to impose highway route controls or limitations
based on the size or weight of the motor vehicle, or
the authority of a State to regulate carriers with
regard to minimum amounts of financial responsibility
relating to insurance requirements and self-insurance
authorization.
(b) Freight Forwarders and Brokers.--
(1) General rule.--Subject to paragraph (2) of this
subsection, no State or political subdivision thereof
and no intrastate agency or other political agency of 2
or more States shall enact or enforce any law, rule,
regulation, standard, or other provision having the
force and effect of law relating to intrastate rates,
intrastate routes, or intrastate services of any
freight forwarder or broker.
(2) Continuation of hawaii's authority.--Nothing in
this subsection and the amendments made by the Surface
Freight Forwarder Deregulation Act of 1986 shall be
construed to affect the authority of the State of
Hawaii to continue to regulate a motor carrier
operating within the State of Hawaii.
(c) Motor Carriers of Property.--
(1) General rule.--Except as provided in paragraphs
(2) and (3), a State, political subdivision of a State,
or political authority of 2 or more States may not
enact or enforce a law, regulation, or other provision
having the force and effect of law related to a price,
route, or service of any motor carrier (other than a
carrier affiliated with a direct air carrier covered by
section 41713(b)(4)) or any motor private carrier,
broker, or freight forwarder with respect to the
transportation of property.
(2) Matters not covered.--Paragraph (1)--
(A) shall not restrict the safety regulatory
authority of a State with respect to motor
vehicles, the authority of a State to impose
highway route controls or limitations based on
the size or weight of the motor vehicle or the
hazardous nature of the cargo, or the authority
of a State to regulate motor carriers with
regard to minimum amounts of financial
responsibility relating to insurance
requirements and self-insurance authorization;
(B) does not apply to the intrastate
transportation of household goods; and
(C) does not apply to the authority of a
State or a political subdivision of a State to
enact or enforce a law, regulation, or other
provision relating to the price of for-hire
motor vehicle transportation by a tow truck, if
such transportation is performed without the
prior consent or authorization of the owner or
operator of the motor vehicle.
(3) State standard transportation practices.--
(A) Continuation.--Paragraph (1) shall not
affect any authority of a State, political
subdivision of a State, or political authority
of 2 or more States to enact or enforce a law,
regulation, or other provision, with respect to
the intrastate transportation of property by
motor carriers, related to--
(i) uniform cargo liability rules,
(ii) uniform bills of lading or
receipts for property being
transported,
(iii) uniform cargo credit rules,
(iv) antitrust immunity for joint
line rates or routes, classifications,
mileage guides, and pooling, or
(v) antitrust immunity for agent-van
line operations (as set forth in
section 13907),
if such law, regulation, or provision meets the
requirements of subparagraph (B).
(B) Requirements.--A law, regulation, or
provision of a State, political subdivision, or
political authority meets the requirements of
this subparagraph if--
(i) the law, regulation, or provision
covers the same subject matter as, and
compliance with such law, regulation,
or provision is no more burdensome than
compliance with, a provision of this
part or a regulation issued by the
Secretary or the Board under this part;
and
(ii) the law, regulation, or
provision only applies to a carrier
upon request of such carrier.
(C) Election.--Notwithstanding any other
provision of law, a carrier affiliated with a
direct air carrier through common controlling
ownership may elect to be subject to a law,
regulation, or provision of a State, political
subdivision, or political authority under this
paragraph.
(4) Nonapplicability to hawaii.--This subsection
shall not apply with respect to the State of Hawaii.
(d) Pre-Arranged Ground Transportation.--
(1) In general-No State or political subdivision
thereof and no interstate agency or other political
agency of 2 or more States shall enact or enforce any
law, rule, regulation, standard or other provision
having the force and effect of law requiring a license
or fee on account of the fact that a motor vehicle is
providing pre-arranged ground transportation service if
the motor carrier providing such service--
(A) meets all applicable registration
requirements under chapter 139 for the
interstate transportation of passengers;
(B) meets all applicable vehicle and
intrastate passenger licensing requirements of
the State or States in which the motor carrier
is domiciled or registered to do business; and
(C) is providing such service pursuant to a
contract for--
(i) transportation by the motor
carrier from one State, including
intermediate stops, to a destination in
another State; or
(ii) transportation by the motor
carrier from one State, including
intermediate stops in another State, to
a destination in the original State.
(2) Intermediate stop defined-In this section, the
term ``intermediate stop'', with respect to
transportation by a motor carrier, means a pause in the
transportation in order for one or more passengers to
engage in personal or business activity, but only if
the driver providing the transportation to such
passenger or passengers does not, before resuming the
transportation of such passenger (or at least 1 of such
passengers), provide transportation to any other person
not included among the passengers being transported
when the pause began.
(3) Matters not covered-Nothing in this subsection
shall be construed--
(A) as subjecting taxicab service to
regulation under chapter 135 or section 31138;
(B) as prohibiting or restricting an airport,
train, or bus terminal operator from
contracting to provide preferential access or
facilities to one or more providers of pre-
arranged ground transportation service; and
(C) as restricting the right of any State or
political subdivision of a State to require, in
a nondiscriminatory manner, that any individual
operating a vehicle providing prearranged
ground transportation service originating in
the State or political subdivision have
submitted to pre-licensing drug testing or a
criminal background investigation of the
records of the State in which the operator is
domiciled, by the State or political
subdivision by which the operator is licensed
to provide such service, or by the motor
carrier providing such service, as a condition
of providing such service.
Sec. 14504. Registration of motor carriers by a State
(a) Definitions.--In this section, the terms ``standards''
and ``amendments to standards'' mean the specification of forms
and procedures required by regulations of the Secretary to
prove the lawfulness of transportation by motor carrier
referred to in section 13501.
(b) General Rule.--The requirement of a State that a motor
carrier, providing transportation subject to jurisdiction under
subchapter I of chapter 135 and providing transportation in
that State, must register with the State is not an unreasonable
burden on transportation referred to in section 13501 when the
State registration is completed under standards of the
Secretary under subsection (c). When a State registration
requirement imposes obligations in excess of the standards of
the Secretary, the part in excess is an unreasonable burden.
(c) Single State Registration System.--
(1) In general.--The Secretary shall maintain
standards for implementing a system under which--
(A) a motor carrier is required to register
annually with only one State by providing
evidence of its Federal registration under
chapter 139;
(B) the State of registration shall fully
comply with standards prescribed under this
section; and
(C) such single State registration shall be
deemed to satisfy the registration requirements
of all other States.
(2) Specific requirements.--
(A) Evidence of federal registration; proof
of insurance; payment of fees.--Under the
standards of the Secretary implementing the
single State registration system described in
paragraph (1) of this subsection, only a State
acting in its capacity as registration State
under such single State system may require a
motor carrier registered by the Secretary under
this part--
(i) to file and maintain evidence of
such Federal registration;
(ii) to file satisfactory proof of
required insurance or qualification as
a self-insurer;
(iii) to pay directly to such State
fee amounts in accordance with the fee
system established under subparagraph
(B)(iv) of this paragraph, subject to
allocation of fee revenues among all
States in which the carrier operates
and which participate in the single
State registration system; and
(iv) to file the name of a local
agent for service of process.
(B) Receipts; fee system.--The standards of
the Secretary--
(i) shall require that the
registration State issue a receipt, in
a form prescribed under the standards,
reflecting that the carrier has filed
proof of insurance as provided under
subparagraph (A)(ii) of this paragraph
and has paid fee amounts in accordance
with the fee system established under
clause (iv) of this subparagraph;
(ii) shall require that copies of the
receipt issued under clause (i) of this
subparagraph be kept in each of the
carrier's commercial motor vehicles;
(iii) shall not require decals,
stamps, cab cards, or any other means
of registering or identifying specific
vehicles operated by the carrier;
(iv) shall establish a fee system for
the filing of proof of insurance as
provided under subparagraph (A)(ii) of
this paragraph that--
(I) is based on the number of
commercial motor vehicles the
carrier operates in a State and
on the number of States in
which the carrier operates;
(II) minimizes the costs of
complying with the registration
system; and
(III) results in a fee for
each participating State that
is equal to the fee, not to
exceed $10 per vehicle, that
such State collected or charged
as of November 15, 1991; and
(v) shall not authorize the charging
or collection of any fee for filing and
maintaining evidence of Federal
registration under subparagraph (A)(i)
of this paragraph.
(C) Prohibited fees.--The charging or
collection of any fee under this section that
is not in accordance with the fee system
established under subparagraph (B)(iv) of this
paragraph shall be deemed to be a burden on
interstate commerce.
(D) Limitation on participation by states.--
Only a State which, as of January 1, 1991,
charged or collected a fee for a vehicle
identification stamp or number under part 1023
of title 49, Code of Federal Regulations, shall
be eligible to participate as a registration
State under this subsection or to receive any
fee revenue under this subsection.
(d) Termination of Provisions.--Subsections (b) and (c) shall
cease to be effective on the first January 1st occurring more
than 12 months after the date of enactment of the Unified
Carrier Registration Act of 2005.
Sec. 14504a. Unified carrier registration system plan and agreement
(a) Definitions.--In this section and section 14506 of this
title:
(1) Commercial motor vehicle.--
(A) In general.--Except as provided in
subparagraph (B), the term ``commercial motor
vehicle'' has the meaning given the term in
section 31101 of this title.
(B) Exception.--With respect to motor
carriers required to make any filing or pay any
fee to a State with respect to the motor
carrier's authority or insurance related to
operation within such State, the term
``commercial motor vehicle'' means any self-
propelled vehicle used on the highway in
commerce to transport passengers or property
for compensation regardless of the gross
vehicle weight rating of the vehicle or the
number of passengers transported by such
vehicle.
(2) Base-state.--
(A) In general.--The term ``Base-State''
means, with respect to the Unified Carrier
Registration Agreement, a State--
(i) that is in compliance with the
requirements of subsection (e); and
(ii) in which the motor carrier,
motor private carrier, broker, freight
forwarder or leasing company maintains
its principal place of business.
(B) Designation of base-state.--A motor
carrier, motor private carrier, broker, freight
forwarder or leasing company may designate
another State in which it maintains an office
or operating facility as its Base-State in the
event that--
(i) the State in which the motor
carrier, motor private carrier, broker,
freight forwarder or leasing company
maintains its principal place of
business is not in compliance with the
requirements of subsection (e); or
(ii) the motor carrier, motor private
carrier, broker, freight forwarder or
leasing company does not have a
principal place of business in the
United States.
(3) Intrastate fee.--The term ``intrastate fee''
means any fee, tax, or other type of assessment,
including per vehicle fees and gross receipts taxes,
imposed on a motor carrier or motor private carrier for
the renewal of the intrastate authority or insurance
filings of such carrier with a State.
(4) Leasing company.--The term `leasing company'
means a lessor that is engaged in the business of
leasing or renting for compensation motor vehicles
without drivers to a motor carrier, motor private
carrier, or freight forwarder.
(5) Motor carrier.--The term ``motor carrier'' has
the meaning given the term in section 13102(12) of this
title, but shall include all carriers that are
otherwise exempt from the provisions of part B of this
title pursuant to the provisions of chapter 135 of this
title or exemption actions by the former Interstate
Commerce Commission under this title.
(6) Participating state.--The term ``participating
state'' means a State that has complied with the
requirements of subsection (e) of this section.
(7) SSRS.--The term ``SSRS'' means the Single State
Registration System in effect on the date of enactment
of the Unified Carrier Registration Act of 2005.
(8) Unified carrier registration agreement.--The
terms ``Unified Carrier Registration Agreement'' and
``UCR Agreement'' mean the interstate agreement
developed under the Unified Carrier Registration Plan
governing the collection and distribution of
registration and financial responsibility information
provided and fees paid by motor carriers, motor private
carriers, brokers, freight forwarders and leasing
companies pursuant to this section.
(9) Unified carrier registration plan.--The terms
``Unified Carrier Registration Plan'' and ``UCR Plan''
mean the organization of State, Federal and industry
representatives responsible for developing,
implementing and administering the Unified Carrier
Registration Agreement.
(10) Vehicle registration.--The term ``vehicle
registration'' means the registration of any commercial
motor vehicle under the International Registration Plan
or any other registration law or regulation of a
jurisdiction.
(b) Applicability of Provisions to Freight Forwarders.--A
Freight forwarder that operates commercial motor vehicles and
is not required to register as a carrier pursuant to section
13903(b) of this title shall be subject to the provisions of
this section as if a motor carrier.
(c) Unreasonable Burden.--For purposes of this section, it
shall be considered an unreasonable burden upon interstate
commerce for any State or any political subdivision of a State,
or any political authority of 2 or more States--
(1) to enact, impose, or enforce any requirement or
standards, or levy any fee or charge on any interstate
motor carrier or interstate motor private carrier in
connection with--
(A) the registration with the State of the
interstate operations of a motor carrier or
motor private carrier;
(B) the filing with the State of information
relating to the financial responsibility of a
motor carrier or motor private carrier pursuant
to sections 31138 or 31139 of this title;
(C) the filing with the State of the name of
the local agent for service of process of a
motor carrier or motor private carrier pursuant
to sections 503 or 13304 of this title; or
(D) the annual renewal of the intrastate
authority, or the insurance filings, of a motor
carrier or motor private carrier, or other
intrastate filing requirement necessary to
operate within the State, if the motor carrier
or motor private carrier is--
(i) registered in compliance with
section 13902 or section 13905(b) of
this title; and
(ii) in compliance with the laws and
regulations of the State authorizing
the carrier to operate in the State
pursuant to section 14501(c)(2)(A) of
this title
except with respect to--
(I) intrastate service
provided by motor carriers of
passengers that is not subject
to the preemptive provisions of
section 14501(a) of this title,
(II) motor carriers of
property, motor private
carriers, brokers, or freight
forwarders, or their services
or operations, that are
described in subparagraphs (B)
and (C) of section 14501(c)(2)
and section 14506(c)(3) or
permitted pursuant to section
14506(b) of this title, and
(III) the intrastate
transportation of waste or
recyclable materials by any
carrier); or
(2) to require any interstate motor carrier or motor
private carrier to pay any fee or tax, not proscribed
by paragraph (1)(D) of this subsection, that a motor
carrier or motor private carrier that pays a fee which
is proscribed by that paragraph is not required to pay.
(d) Unified Carrier Registration Plan.--
(1) Board of directors.--
(A) Governance of plan.--The Unified Carrier
Registration Plan shall be governed by a Board
of Directors consisting of representatives of
the Department of Transportation, Participating
States, and the motor carrier industry.
(B) Number.--The Board shall consist of 15
directors.
(C) Composition.--The Board shall be composed
of directors appointed as follows:
(i) Federal motor carrier safety
administration.--The Secretary shall
appoint 1 director from each of the
Federal Motor Carrier Safety
Administration's 4 Service Areas (as
those areas were defined by the Federal
Motor Carrier Safety Administration on
January 1, 2005), from among the chief
administrative officers of the State
agencies responsible for overseeing the
administration of the UCR Agreement.
(ii) State agencies.--The Secretary
shall appoint 5 directors from the
professional staffs of State agencies
responsible for overseeing the
administration of the UCR Agreement in
their respective States. Nominees for
these 5 directorships shall be
submitted to the Secretary by the
national association of professional
employees of the State agencies
responsible for overseeing the
administration of the UCR Agreement in
their respective States.
(iii) Motor carrier industry.--The
Secretary shall appoint 5 directors
from the motor carrier industry. At
least 1 of the appointees shall be an
employee of the national trade
association representing the general
motor carrier of property industry.
(iv) Department of transportation.--
The Secretary shall appoint the Deputy
Administrator of the Federal Motor
Carrier Safety Administration, or such
other presidential appointee from the
United States Department of
Transportation, as the Secretary may
designate, to serve as a director.
(D) Chairperson and vice-chairperson.--The
Secretary shall designate 1 director as
Chairperson and 1 director as Vice-Chairperson
of the Board. The Chairperson and Vice-
Chairperson shall serve in such capacity for
the term of their appointment as directors.
(E) Term.--In appointing the initial Board,
the Secretary shall designate 5 of the
appointed directors for initial terms of 3
years, 5 of the appointed directors for initial
terms of 2 years, and 5 of the appointed
directors for initial terms of 1 year.
Thereafter, all directors shall be appointed
for terms of 3 years, except that the term of
the Deputy Administrator or other individual
designated by the Secretary under subparagraph
(C)(iv) shall be at the discretion of the
Secretary. A director may be appointed to
succeed himself or herself. A director may
continue to serve on the Board until his or her
successor is appointed.
(2) Rules and regulations governing the ucr
agreement.--The Board of Directors shall issue rules
and regulations to govern the UCR Agreement. The rules
and regulations shall--
(A) prescribe uniform forms and formats,
for--
(i) the annual submission of the
information required by a Base-State of
a motor carrier, motor private carrier,
leasing company, broker, or freight
forwarder;
(ii) the transmission of information
by a Participating State to the Unified
Carrier Registration System;
(iii) the payment of excess fees by a
State to the designated depository and
the distribution of fees by the
depository to those States so entitled;
and
(iv) the providing of notice by a
motor carrier, motor private carrier,
broker, freight forwarder, or leasing
company to the Board of the intent of
such entity to change its Base-State,
and the procedures for a State to
object to such a change under
subparagraph (C) of this paragraph;
(B) provide for the administration of the
Unified Carrier Registration Agreement,
including procedures for amending the Agreement
and obtaining clarification of any provision of
the Agreement;
(C) provide procedures for dispute resolution
that provide due process for all involved
parties; and
(D) designate a depository.
(3) Compensation and expenses.--Except for the
representative of the Department of Transportation
appointed pursuant to paragraph (1)(D), no director
shall receive any compensation or other benefits from
the Federal Government for serving on the Board or be
considered a Federal employee as a result of such
service. All Directors shall be reimbursed for expenses
they incur attending duly called meetings of the Board.
In addition, the Board may approve the reimbursement of
expenses incurred by members of any subcommittee or
task force appointed pursuant to paragraph (5). The
reimbursement of expenses to directors and subcommittee
and task force members shall be based on the then
applicable rules of the General Service Administration
governing reimbursement of expenses for travel by
Federal employees.
(4) Meetings.--
(A) In general.--The Board shall meet at
least once per year. Additional meetings may be
called, as needed, by the Chairperson of the
Board, a majority of the directors, or the
Secretary.
(B) Quorum.--A majority of directors shall
constitute a quorum.
(C) Voting.--Approval of any matter before
the Board shall require the approval of a
majority of all directors present at the
meeting.
(D) Open meetings.--Meetings of the Board and
any subcommittees or task forces appointed
pursuant to paragraph (5) of this section shall
be subject to the provisions of section 552b of
title 5.
(5) Subcommittees.--
(A) Industry advisory subcommittee.--The
Chairperson shall appoint an Industry Advisory
Subcommittee. The Industry Advisory
Subcommittee shall consider any matter before
the Board and make recommendations to the
Board.
(B) Other subcommittees.--The Chairperson
shall appoint an Audit Subcommittee, a Dispute
Resolution Subcommittee, and any additional
subcommittees and task forces that the Board
determines to be necessary.
(C) Membership.--The chairperson of each
subcommittee shall be a director. The other
members of subcommittees and task forces may be
directors or non-directors.
(D) Representation on subcommittees.--Except
for the Industry Advisory Subcommittee (the
membership of which shall consist solely of
representatives of entities subject to the fee
requirements of subsection (f) of this
section), each subcommittee and task force
shall include representatives of the
Participating States and the motor carrier
industry.
(6) Delegation of authority.--The Board may contract
with any private commercial or non-profit entity or any
agency of a State to perform administrative functions
required under the Unified Carrier Registration
Agreement, but may not delegate its decision or policy-
making responsibilities.
(7) Determination of fees.--
(A) Recommendation by board.--The Board shall
recommend to the Secretary the annual fees to
be assessed carriers, leasing companies,
brokers, and freight forwarders pursuant to the
Unified Carrier Registration Agreement. In
making its recommendation to the Secretary for
the level of fees to be assessed in the next
Agreement year, and in setting the fee level,
the Board and the Secretary shall consider--
(i) the administrative costs
associated with the Unified Carrier
Registration Plan and the Agreement;
(ii) whether the revenues generated
in the previous year and any surplus or
shortage from that or prior years
enable the Participating States to
achieve the revenue levels set by the
Board; and
(iii) the parameters for fees set
forth in subsection (f)(1).
(B) Setting fees.--The Secretary shall set
the annual fees for the next Agreement year--
(i) within 90 days after receiving
the Board's recommendation under
subparagraph (A); and
(ii) after notice and opportunity for
public comment.
(8) Liability protections for directors.--No
individual appointed to serve on the Board shall be
liable to any other director or to any other party for
harm, either economic or non-economic, caused by an act
or omission of the individual arising from the
individual's service on the Board if--
(A) the individual was acting within the
scope of his or her responsibilities as a
director; and
(B) the harm was not caused by willful or
criminal misconduct, gross negligence, reckless
misconduct, or a conscious, flagrant
indifference to the right or safety of the
party harmed by the individual.
(9) Inapplicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Unified Carrier
Registration Plan or its committees.
(10) Certain fees not affected.--This section does
not limit the amount of money a State may charge for
vehicle registration or the amount of any fuel use tax
a State may impose pursuant to the International Fuel
Tax Agreement.
(e) State Participation.--
(1) State plan.--No State shall be eligible to
participate in the Unified Carrier Registration Plan or
to receive any revenues derived under the Agreement,
unless the State submits to the Secretary, not later
than 3 years after the date of enactment of the Unified
Carrier Registration Act of 2005, a plan--
(A) identifying the State agency that has or
will have the legal authority, resources, and
qualified personnel necessary to administer the
Unified Carrier Registration Agreement in
accordance with the rules and regulations
promulgated by the Board of Directors of the
Unified Carrier Registration Plan; and
(B) containing assurances that an amount at
least equal to the revenue derived by the State
from the Unified Carrier Registration Agreement
shall be used for motor carrier safety
programs, enforcement, and financial
responsibility, or the administration of the
UCR Plan and UCR Agreement.
(2) Amended plans.--A State may change the agency
designated in the plan submitted under this subsection
by filing an amended plan with the Secretary and the
Chairperson of the Unified Carrier Registration Plan.
(3) Withdrawal of plan.--If a State withdraws, or
notifies the Secretary that it is withdrawing, the plan
submitted under this subsection, then the State may no
longer participate in the Unified Carrier Registration
Agreement or receive any portion of the revenues
derived under the Agreement. The Secretary shall notify
the Chairperson upon receiving notice from a State that
it is withdrawing its plan or withdrawing from the
Agreement.
(4) Termination of eligibility.--If a State fails to
submit a plan to the Secretary as required by paragraph
(1) or withdraws its plan under paragraph (3), the
State shall be prohibited from subsequently submitting
or resubmitting a plan or participating in the
Agreement.
(5) Provision of plan to chairperson.--The Secretary
shall provide a copy of each plan submitted under this
subsection to the initial Chairperson of the Board of
Directors of the Unified Carrier Registration Plan not
later than 90 days of appointing the Chairperson.
(f) Contents of Unified Carrier Registration Agreement.--The
Unified Carrier Registration Agreement shall provide the
following:
(1) Determination of fees.--
(A) Fees charged motor carriers, motor
private carriers, or freight forwarders in
connection with the filing of proof of
financial responsibility under the UCR
Agreement shall be based on the number of
commercial motor vehicles owned or operated by
the motor carrier, motor private carrier, or
freight forwarder. Brokers and leasing
companies shall pay the same fees as the
smallest bracket of motor carriers, motor
private carriers, and freight forwarders.
(B) The fees shall be determined by the
Secretary based upon the recommendation of the
Board under subsection (d)(7).
(C) The Board shall develop no more than 6
and no less than 4 brackets of carriers by size
of fleet.
(D) The fee scale shall be progressive and
use different vehicle ratios for each bracket
of carrier fleet size.
(E) The Board may ask the Secretary to adjust
the fees within a reasonable range on an annual
basis if the revenues derived from the fees--
(i) are insufficient to provide the
revenues to which the States are
entitled under this section; or
(ii) exceed those revenues.
(2) Determination of ownership or operation.--
Commercial motor vehicles owned or operated by a motor
carrier, motor private carrier, or freight forwarder
shall mean those commercial motor vehicles registered
in the name of the motor carrier, motor private
carrier, or freight forwarder or controlled by the
motor carrier, motor private carrier, or freight
forwarder under a long term lease during a vehicle
registration year.
(3) Calculation of number of commercial motor
vehicles owned or operated.--The number of commercial
motor vehicles owned or operated by a motor carrier,
motor private carrier, or freight forwarder for
purposes of paragraph (1) of this subsection shall be
based either on the number of commercial motor vehicles
the motor carrier, motor private carrier, or freight
forwarder has indicated it operates on its most
recently filed MCS-150 or the total number of such
vehicles it owned or operated for the 12-month period
ending on June 30 of the year immediately prior to the
each registration year of the Unified Carrier
Registration System. Commercial motor vehicles used
exclusively in the intrastate transportation of
property, waste, or recyclable material may not be
included in determining the number of commercial motor
vehicles owned or operated by a motor carrier or motor
private carrier for purposes of paragraph (1) of this
subsection.
(4) Payment of fees.--Motor carriers, motor private
carriers, leasing companies, brokers, and freight
forwarders shall pay all fees required under this
section to their Base-State pursuant to the UCR
Agreement.
(g) Payment of Fees.--Revenues derived under the UCR
Agreement shall be allocated to Participating States as
follows:
(1) A State that participated in the Single State
Registration System in the last SSRS registration year
ending before the date of enactment of the Unified
Carrier Registration Act of 2005 and complies with the
requirements of subsection (e) of this section is
entitled to receive a portion of the UCR Agreement
revenues generated under the Agreement equivalent to
the revenues it received under the SSRS in the last
SSRS registration year ending before the date of
enactment of the Unified Carrier Registration Act of
2005, as long as the State continues to comply with the
provisions of subsection (e).
(2) A State that collected intrastate registration
fees from interstate motor carriers, interstate motor
private carriers, or interstate exempt carriers and
complies with the requirements of subsection (e) of
this section is entitled to receive an additional
portion of the UCR Agreement revenues generated under
the Agreement equivalent to the revenues it received
from such interstate carriers in the last calendar year
ending before the date of enactment of the Unified
Carrier Registration Act of 2005, as long as the State
continues to comply with the provisions of subsection
(e).
(3) States that comply with the requirements of
subsection (e) of this section but did not participate
in SSRS during the last SSRS registration year ending
before the date of enactment of the Unified Carrier
Registration Act of 2005 shall be entitled to an annual
allotment not to exceed $500,000 from the UCR Agreement
revenues generated under the Agreement as long as the
State continues to comply with the provisions of
subsection (e).
(4) The amount of UCR Agreement revenues to which a
State is entitled under this section shall be
calculated by the Board and approved by the Secretary.
(h) Distribution of UCR Agreement Revenues.--
(1) Eligibility.--Each State that is in compliance
with the provisions of subsection (e) shall be entitled
to a portion of the revenues derived from the UCR
Agreement in accordance with subsection (g).
(2) Entitlement to revenues.--A State that is in
compliance with the provisions of subsection (e) may
retain an amount of the gross revenues it collects from
motor carriers, motor private carriers, brokers,
freight forwarders and leasing companies under the UCR
Agreement equivalent to the portion of revenues to
which the State is entitled under subsection (g). All
revenues a Participating State collects in excess of
the amount to which the State is so entitled shall be
forwarded to the depository designated by the Board
under subsection (d)(2)(D).
(3) Distribution of funds from depository.--The
excess funds collected in the depository shall be
distributed as follows:
(A) Excess funds shall be distributed on a
pro rata basis to each Participating State that
did not collect revenues under the UCR
Agreement equivalent to the amount such State
is entitled under subsection (g), except that
the sum of the gross UCR Agreement revenues
collected by a Participating State and the
amount distributed to it from the depository
shall not exceed the amount to which the State
is entitled under subsection (g).
(B) Any excess funds held by the depository
after all distributions under subparagraph (A)
have been made shall be used to pay the
administrative costs of the UCR Plan and the
UCR Agreement.
(C) Any excess funds held by the depository
after distributions and payments under
subparagraphs (A) and (B) shall be retained in
the depository, and the UCR Agreement fees for
motor carriers, motor private carriers, leasing
companies, freight forwarders, and brokers for
the next fee year shall be reduced by the
Secretary accordingly.
(i) Enforcement.--
(1) Civil actions.--Upon request by the Secretary of
Transportation, the Attorney General may bring a civil
action in a court of competent jurisdiction to enforce
compliance with this section and with the terms of the
Unified Carrier Registration Agreement.
(2) Venue.--An action under this section may be
brought only in the Federal court sitting in the State
in which an order is required to enforce such
compliance.
(3) Relief.--Subject to section 1341 of title 28, the
court, on a proper showing--
(A) shall issue a temporary restraining order
or a preliminary or permanent injunction; and
(B) may issue an injunction requiring that
the State or any person comply with this
section.
(4) Enforcement by states.--Nothing in this section--
(A) prohibits a Participating State from
issuing citations and imposing reasonable fines
and penalties pursuant to applicable State laws
and regulations on any motor carrier, motor
private carrier, freight forwarder, broker, or
leasing company for failure to--
(i) submit documents as required
under subsection (d)(2); or
(ii) pay the fees required under
subsection (f); or
(B) authorizes a State to require a motor
carrier, motor private carrier, or freight
forwarder to display as evidence of compliance
any form of identification in excess of those
permitted under section 14506 of this title on
or in a commercial motor vehicle.
(j) Application to Intrastate Carriers.--Notwithstanding any
other provision of this section, a State may elect to apply the
provisions of the UCR Agreement to motor carriers and motor
private carriers subject to its jurisdiction that operate
solely in intrastate commerce within the borders of the State.
* * * * * * *
Sec. 14506. Identification of vehicles
(a) Restriction on Requirements.--No State, political
subdivision of a State, interstate agency, or other political
agency of 2 or more States may enact or enforce any law, rule,
regulation standard, or other provision having the force and
effect of law that requires a motor carrier, motor private
carrier, freight forwarder, or leasing company to display any
form of identification on or in a commercial motor vehicle,
other than forms of identification required by the Secretary of
Transportation under section 390.21 of title 49, Code of
Federal Regulations.
(b) Exception.--Notwithstanding paragraph (a), a State may
continue to require display of credentials that are required--
(1) under the International Registration Plan under
section 31704 of this title;
(2) under the International Fuel Tax Agreement under
section 31705 of this title;
(3) in connection with Federal requirements for
hazardous materials transportation under section 5103
of this title; or
(4) in connection with the Federal vehicle inspection
standards under section 31136 of this title.
* * * * * * *
Sec. 14706. Liability of carriers under receipts and bills of lading
(a) General Liability.--
(1) Motor carriers and freight forwarders.--A carrier
providing transportation or service subject to
jurisdiction under subchapter I or III of chapter 135
shall issue a receipt or bill of lading for property it
receives for transportation under this part. That
carrier and any other carrier that delivers the
property and is providing transportation or service
subject to jurisdiction under subchapter I or III of
chapter 135 or chapter 105 are liable to the person
entitled to recover under the receipt or bill of
lading. The liability imposed under this paragraph is
for the actual loss or injury to the property caused by
(A) the receiving carrier, (B) the delivering carrier,
or (C) another carrier over whose line or route the
property is transported in the United States or from a
place in the United States to a place in an adjacent
foreign country when transported under a through bill
of lading and, except in the case of a freight
forwarder, applies to property reconsigned or diverted
under a tariff under section 13702. Failure to issue a
receipt or bill of lading does not affect the liability
of a carrier. A delivering carrier is deemed to be the
carrier performing the line-haul transportation nearest
the destination but does not include a carrier
providing only a switching service at the destination.
(2) Freight forwarder.--A freight forwarder is both
the receiving and delivering carrier. When a freight
forwarder provides service and uses a motor carrier
providing transportation subject to jurisdiction under
subchapter I of chapter 135 to receive property from a
consignor, the motor carrier may execute the bill of
lading or shipping receipt for the freight forwarder
with its consent. With the consent of the freight
forwarder, a motor carrier may deliver property for a
freight forwarder on the freight forwarder's bill of
lading, freight bill, or shipping receipt to the
consignee named in it, and receipt for the property may
be made on the freight forwarder's delivery receipt.
(b) Apportionment.--The carrier issuing the receipt or bill
of lading under subsection (a) of this section or delivering
the property for which the receipt or bill of lading was issued
is entitled to recover from the carrier over whose line or
route the loss or injury occurred the amount required to be
paid to the owners of the property, as evidenced by a receipt,
judgment, or transcript, and the amount of its expenses
reasonably incurred in defending a civil action brought by that
person.
(c) Special Rules.--
(1) Motor carriers.--
(A) Shipper waiver.--Subject to the
provisions of subparagraph (B), a carrier
providing transportation or service subject to
jurisdiction under subchapter I or III of
chapter 135 may, subject to the provisions of
this chapter (including with respect to a motor
carrier, the requirements of section 13710(a)),
establish rates for the transportation of
property (other than household goods described
in section 13102(10)(A)) under which the
liability of the carrier for such property is
limited to a value established by written or
electronic declaration of the shipper or by
written agreement between the carrier and
shipper if that value would be reasonable under
the circumstances surrounding the
transportation.
(B) Carrier notification.--If the motor
carrier is not required to file its tariff with
the Board, it shall provide under section
13710(a)(1) to the shipper, on request of the
shipper, a written or electronic copy of the
rate, classification, rules, and practices upon
which any rate applicable to a shipment, or
agreed to between the shipper and the carrier,
is based. The copy provided by the carrier
shall clearly state the dates of applicability
of the rate, classification, rules, or
practices.
(C) Prohibition against collective
establishment.--No discussion, consideration,
or approval as to rules to limit liability
under this subsection may be undertaken by
carriers acting under an agreement approved
pursuant to section 13703.
(2) Water carriers.--If loss or injury to property
occurs while it is in the custody of a water carrier,
the liability of that carrier is determined by its bill
of lading and the law applicable to water
transportation. The liability of the initial or
delivering carrier is the same as the liability of the
water carrier.
(d) Civil Actions.--
(1) Against delivering carrier.--A civil action under
this section may be brought against a delivering
carrier in a district court of the United States or in
a State court. Trial, if the action is brought in a
district court of the United States is in a judicial
district, and if in a State court, is in a State
through which the defendant carrier operates.
(2) Against carrier responsible for loss.--A civil
action under this section may be brought against the
carrier alleged to have caused the loss or damage, in
the judicial district in which such loss or damage is
alleged to have occurred.
(3) Jurisdiction of courts.--A civil action under
this section may be brought in a United States district
court or in a State court.
(4) Judicial district defined.--In this section,
``judicial district'' means--
(A) in the case of a United States district
court, a judicial district of the United
States; and
(B) in the case of a State court, the
applicable geographic area over which such
court exercises jurisdiction.
(e) Minimum Period for Filing Claims.--
(1) In general.--A carrier may not provide by rule,
contract, or otherwise, a period of less than 9 months
for filing a claim against it under this section and a
period of less than 2 years for bringing a civil action
against it under this section. The period for bringing
a civil action is computed from the date the carrier
gives a person written notice that the carrier has
disallowed any part of the claim specified in the
notice.
(2) Special rules.--For the purposes of this
subsection--
(A) an offer of compromise shall not
constitute a disallowance of any part of the
claim unless the carrier, in writing, informs
the claimant that such part of the claim is
disallowed and provides reasons for such
disallowance; and
(B) communications received from a carrier's
insurer shall not constitute a disallowance of
any part of the claim unless the insurer, in
writing, informs the claimant that such part of
the claim is disallowed, provides reason for
such disallowance, and informs the claimant
that the insurer is acting on behalf of the
carrier.
(f) Limiting Liability of Household Goods Carriers to
Declared Value.--
(1) In general._A carrier or group of carriers
subject to jurisdiction under subchapter I or III of
chapter 135 may petition the Board to modify,
eliminate, or establish rates for the transportation of
household goods under which the liability of the
carrier for that property is limited to a value
established by written declaration of the shipper or by
a written agreement.
(2) Full value protection obligation.--Unless the
carrier receives a waiver in writing under paragraph
(3), a carrier's maximum liability for household goods
that are lost, damaged, destroyed, or otherwise not
delivered to the final destination is an amount equal
to the replacement value of such goods, subject to a
maximum amount equal to the declared value of the
shipment, subject to rules issued by the Surface
Transportation Board and applicable tariffs.
(3) Application of rates.--The released rates
established by the Board under paragraph (1) (commonly
known as `released rates') shall not apply to the
transportation of household goods by a carrier unless
the liability of the carrier for the full value of such
household goods under paragraph (2) is waived in
writing by the shipper.
(g) Modifications and Reforms.--
(1) Study.--The Secretary shall conduct a study to
determine whether any modifications or reforms should
be made to the loss and damage provisions of this
section, including those related to limitation of
liability by carriers.
(2) Factors to consider.--In conducting the study,
the Secretary, at a minimum, shall consider--
(A) the efficient delivery of transportation
services;
(B) international and intermodal harmony;
(C) the public interest; and
(D) the interest of carriers and shippers.
(3) Report.--Not later than 12 months after January
1, 1996, the Secretary shall submit to Congress a
report on the results of the study, together with any
recommendations of the Secretary (including legislative
recommendations) for implementing modifications or
reforms identified by the Secretary as being
appropriate.
Sec. 14708. Dispute settlement program for household goods carriers
(a) Offering Shippers Arbitration.--As a condition of
registration under section 13902 or 13903, a carrier providing
transportation of household goods subject to jurisdiction under
subchapter I or III of chapter 135 must agree to offer in
accordance with this section to shippers of household goods
arbitration as a means of settling disputes between such
carriers and shippers of household goods concerning damage or
loss to the household goods [transported.] transported and to
determine whether carrier charges, in addition to those
collected at delivery, must be paid by the shipper for
transportation and services related to the transportation of
household goods.
(b) Arbitration Requirements.--
(1) Prevention of special advantage.--The arbitration
that is offered must be designed to prevent a carrier
from having any special advantage in any case in which
the claimant resides or does business at a place
distant from the carrier's principal or other place of
business.
(2) Notice of arbitration procedure.--The carrier
must provide the shipper an adequate notice of the
availability of neutral arbitration, including a
concise easy-to-read, accurate summary of the
arbitration procedure, any applicable costs, and
disclosure of the legal effects of election to utilize
arbitration. Such notice must be given to persons for
whom household goods are to be transported by the
carrier before such goods are tendered to the carrier
for transportation.
(3) Provision of forms.--Upon request of a shipper,
the carrier must promptly provide such forms and other
information as are necessary for initiating an action
to resolve a dispute under arbitration.
(4) Independence of arbitrator.--Each person
authorized to arbitrate or otherwise settle disputes
must be independent of the parties to the dispute and
must be capable, as determined under such regulations
as the Secretary may issue, to resolve such disputes
fairly and expeditiously. The carrier must ensure that
each person chosen to settle the disputes is authorized
and able to obtain from the shipper or carrier any
material and relevant information to the extent
necessary to carry out a fair and expeditious
decisionmaking process.
(5) Apportionment of costs.--No shipper may be
charged more than half of the cost for instituting an
arbitration proceeding that is brought under this
section. In the decision, the arbitrator may determine
which party shall pay the cost or a portion of the cost
of the arbitration proceeding, including the cost of
instituting the proceeding.
(6) Requests.--The carrier must not require the
shipper to agree to utilize arbitration prior to the
time that a dispute arises. If the dispute involves a
claim for [$5,000] $10,000 or less and the shipper
requests arbitration, such arbitration shall be binding
on the parties. If the dispute involves a claim for
more than [$5,000] $10,000 and the shipper requests
arbitration, such arbitration shall be binding on the
parties only if the carrier agrees to arbitration.
(7) Oral presentation of evidence.--The arbitrator
may provide for an oral presentation of a dispute
concerning transportation of household goods by a party
to the dispute (or a party's representative), but such
oral presentation may be made only if all parties to
the dispute expressly agree to such presentation and
the date, time, and location of such presentation.
(8) Deadline for decision.--The arbitrator must, as
expeditiously as possible but at least within 60 days
of receipt of written notification of the dispute,
render a decision based on the information gathered;
except that, in any case in which a party to the
dispute fails to provide in a timely manner any
information concerning such dispute which the person
settling the dispute may reasonably require to resolve
the dispute, the arbitrator may extend such 60-day
period for a reasonable period of time. A decision
resolving a dispute may include any remedies
appropriate under the circumstances, including repair,
replacement, refund, reimbursement for expenses, [and]
compensation for [damages.] damages, and an order
requiring the payment of additional carrier charges.
(c) Limitation on Use of Materials.--Materials and
information obtained in the course of a decision making process
to settle a dispute by arbitration under this section may not
be used to bring an action under section 14905.
(d) Attorney's Fees to Shippers.--In any court action to
resolve a dispute between a shipper of household goods and a
carrier providing transportation or service subject to
jurisdiction under subchapter I or III of chapter 135
concerning the transportation of household goods by such
carrier, the shipper shall be awarded reasonable attorney's
fees if--
(1) the shipper submits a claim to the carrier within
120 days after the date the shipment is delivered or
the date the delivery is scheduled, whichever is later;
(2) the shipper prevails in such court action; and
[(3)(A) a decision resolving the dispute was not
rendered through arbitration under this section within
the period provided under subsection (b)(8) of this
section or an extension of such period under such
subsection; or
[(B) the court proceeding is to enforce a decision
rendered through arbitration under this section and is
instituted after the period for performance under such
decision has elapsed.]
(3)(A) the shipper was not advised by the carrier
during the claim settlement process that a dispute
settlement program was available to resolve the
dispute;
(B) a decision resolving the dispute was not rendered
through arbitration under this section within the
period provided under subsection (b)(8) of this section
or an extension of such period under such subsection;
or
(C) the court proceeding is to enforce a decision
rendered through arbitration under this section and is
instituted after the period for performance under such
decision has elapsed.''.
(e) Attorney's Fees to Carriers.--In any court action to
resolve a dispute between a shipper of household goods and a
carrier providing transportation, or service subject to
jurisdiction under subchapter I or III of chapter 135
concerning the transportation of household goods by such
carrier, such carrier may be awarded reasonable attorney's fees
by the court only if the shipper brought such action in bad
faith--
(1) after resolution of such dispute through
arbitration under this section; or
(2) after institution of an arbitration proceeding by
the shipper to resolve such dispute under this section
but before--
(A) the period provided under subsection
(b)(8) for resolution of such dispute
(including, if applicable, an extension of such
period under such subsection) ends; and
(B) a decision resolving such dispute is
rendered.
(f) Limitation of Applicability to Collect-on-Delivery
Transportation.--The provisions of this section shall apply
only in the case of collect-on-delivery transportation of
household goods.
(g) Review by Secretary.--Not later than 18 months after
January 1, 1996, the Secretary shall complete a review of the
dispute settlement program established under this section. If,
after notice and opportunity for comment, the Secretary
determines that changes are necessary to such program to ensure
the fair and equitable resolution of disputes under this
section, the Secretary shall implement such changes and
transmit a report to Congress on such changes.
* * * * * * *
Sec. 14710. Enforcement of Federal laws and regulations with respect to
transportation of household goods
(a) Enforcement by States.--Notwithstanding any other
provision of this title, a State authority may enforce the
consumer protection provisions that apply to individual
shippers, as determined by the Secretary of Transportation, of
this title that are related to the delivery and transportation
of household goods in interstate commerce. Any fine or penalty
imposed on a carrier in a proceeding under this subsection
shall, notwithstanding any provision of law to the contrary, be
paid to and retained by the State.
(b) Notice.--The State shall serve written notice to the
Secretary or the Board, as the case may be, of any civil action
under subsection (a) prior to initiating such civil action. The
notice shall include a copy of the complaint to be filed to
initiate such civil action, except that if it is not feasible
for the State to provide such prior notice, the State shall
provide such notice immediately upon instituting such civil
action.
(c) State Authority Defined.--The term `State authority'
means an agency of a State that has authority under the laws of
the State to regulate the intrastate movement of household
goods.
Sec. 14711. Enforcement by State attorneys general
(a) In General.--A State, as parens patriae, may bring a
civil action on behalf of its residents in an appropriate
district court of the United States to enforce the consumer
protection provisions that apply to individual shippers, as
determined by the Secretary of Transportation, of this title
that are related to the delivery and transportation of
household goods in interstate commerce, or regulations or
orders of the Secretary or the Board thereunder, or to impose
the civil penalties authorized by this part or such regulation
or order, whenever the attorney general of the State has reason
to believe that the interests of the residents of the State
have been or are being threatened or adversely affected by a
carrier or broker providing transportation subject to
jurisdiction under subchapter I or III of chapter 135 of this
title, or a foreign motor carrier providing transportation
registered under section 13902 of this title, that is engaged
in household goods transportation that violates this part or a
regulation or order of the Secretary or Board, as applicable,
promulgated under this part.
(b) Notice.--The State shall serve written notice to the
Secretary or the Board, as the case may be, of any civil action
under subsection (a) prior to initiating such civil action. The
notice shall include a copy of the complaint to be filed to
initiate such civil action, except that if it is not feasible
for the State to provide such prior notice, the State shall
provide such notice immediately upon instituting such civil
action.
(c) Authority To Intervene.--Upon receiving the notice
required by subsection (b), the Secretary or Board may
intervene in such civil action and upon intervening--
(1) be heard on all matters arising in such civil
action; and
(2) file petitions for appeal of a decision in such
civil action.
(d) Construction.--For purposes of bringing any civil action
under subsection (a), nothing in this section shall prevent the
attorney general of a State from exercising the powers
conferred on the attorney general by the laws of such State to
conduct investigations or to administer oaths or affirmations
or to compel the attendance of witnesses or the production of
documentary and other evidence.
(e) Venue; Service of Process.--In a civil action brought
under subsection (a)--
(1) the venue shall be a judicial district in which--
(A) the carrier, foreign motor carrier, or
broker operates;
(B) the carrier, foreign motor carrier, or
broker was authorized to provide transportation
at the time the complaint arose; or
(C) where the defendant in the civil action
is found;
(2) process may be served without regard to the
territorial limits of the district or of the State in
which the civil action is instituted; and
(3) a person who participated with a carrier or
broker in an alleged violation that is being litigated
in the civil action may be joined in the civil action
without regard to the residence of the person.
(f) Enforcement of State Law.--Nothing contained in this
section shall prohibit an authorized State official from
proceeding in State court to enforce a criminal statute of such
State.
* * * * * * *
Sec. 14901. General civil penalties
(a) Reporting and Recordkeeping.--A person required to make a
report to the Secretary or the Board, answer a question, or
make, prepare, or preserve a record under this part concerning
transportation subject to jurisdiction under subchapter I or
III of chapter 135 or transportation by a foreign carrier
registered under section 13902, or an officer, agent, or
employee of that person that--
(1) does not make the report;
(2) does not specifically, completely, and truthfully
answer the question;
(3) does not make, prepare, or preserve the record in
the form and manner prescribed;
(4) does not comply with section 13901; or
(5) does not comply with section 13902(c);
is liable to the United States for a civil penalty of not less
than $500 for each violation and for each additional day the
violation continues; except that, in the case of a person who
is not registered under this part to provide transportation of
passengers, or an officer, agent, or employee of such person,
that does not comply with section 13901 with respect to
providing transportation of passengers, the amount of the civil
penalty shall not be less than $2,000 for each violation and
for each additional day the violation continues.
(b) Transportation of Hazardous Wastes.--A person subject to
jurisdiction under subchapter I of chapter 135, or an officer,
agent, or employee of that person, and who is required to
comply with section 13901 of this title but does not so comply
with respect to the transportation of hazardous wastes as
defined by the Environmental Protection Agency pursuant to
section 3001 of the Solid Waste Disposal Act (but not including
any waste the regulation of which under the Solid Waste
Disposal Act has been suspended by Congress) shall be liable to
the United States for a civil penalty not to exceed $20,000 for
each violation.
(c) Factors To Consider in Determining Amount.--In
determining and negotiating the amount of a civil penalty under
subsection (a) or (d) concerning transportation of household
goods, the degree of culpability, any history of prior such
conduct, the degree of harm to shipper or shippers, ability to
pay, the effect on ability to do business, whether the shipper
has been adequately compensated before institution of the
proceeding, and such other matters as fairness may require
shall be taken into account.
(d) Protection of Household Goods Shippers.--
(1) In general._If a carrier providing
transportation of household goods subject to
jurisdiction under subchapter I or III of chapter 135
or a receiver or trustee of such carrier fails or
refuses to comply with any regulation issued by the
Secretary or the Board relating to protection of
individual shippers, such carrier, receiver, or trustee
is liable to the United States for a civil penalty of
not less than $1,000 for each violation and for each
additional day during which the violation continues.
(2) Estimate of broker without carrier agreement.--If
a broker for transportation of household goods subject
to jurisdiction under subchapter I of chapter 135 of
this title makes an estimate of the cost of
transporting any such goods before entering into an
agreement with a carrier to provide transportation of
household goods subject to such jurisdiction, the
broker is liable to the United States for a civil
penalty of not less than $10,000 for each violation.
(3) Unauthorized transportation.--If a person
provides transportation of household goods subject to
jurisdiction under subchapter I of chapter 135 this
title or provides broker services for such
transportation without being registered under chapter
139 of this title to provide such transportation or
services as a motor carrier or broker, as the case may
be, such person is liable to the United States for a
civil penalty of not less than $25,000 for each
violation.
(e) Violation Relating to Transportation of Household
Goods.--Any person that knowingly engages in or knowingly
authorizes an agent or other person--
(1) to falsify documents used in the transportation
of household goods subject to jurisdiction under
subchapter I or III of chapter 135 which evidence the
weight of a shipment; or
(2) to charge for accessorial services which are not
performed or for which the carrier is not entitled to
be compensated in any case in which such services are
not reasonably necessary in the safe and adequate
movement of the shipment;
is liable to the United States for a civil penalty of not less
than $2,000 for each violation and of not less than $5,000 for
each subsequent violation. Any State may bring a civil action
in the United States district courts to compel a person to pay
a civil penalty assessed under this subsection.
(f) Venue.--Trial in a civil action under subsections (a)
through (e) of this section is in the judicial district in
which--
(1) the carrier or broker has its principal office;
(2) the carrier or broker was authorized to provide
transportation or service under this part when the
violation occurred;
(3) the violation occurred; or
(4) the offender is found.
Process in the action may be served in the judicial district of
which the offender is an inhabitant or in which the offender
may be found.
(g) Business Entertainment Expenses.--
(1) In general.--Any business entertainment expense
incurred by a water carrier providing transportation
subject to this part shall not constitute a violation
of this part if that expense would not be unlawful if
incurred by a person not subject to this part.
(2) Cost of service.--Any business entertainment
expense subject to paragraph (1) that is paid or
incurred by a water carrier providing transportation
subject to this part shall not be taken into account in
determining the cost of service or the rate base for
purposes of section 13702.
* * * * * * *
Sec. 14915. Penalties for failure to give up possession of household
goods
(a) Civil Penalty.--Whoever is found to have failed to give
up possession of household goods is liable to the United States
for a civil penalty of not less than $10,000. Each day a
carrier is found to have failed to give up possession of
household goods may constitute a separate violation. If such
person is a carrier or broker, the Secretary may suspend the
registration of such carrier or broker under chapter 139 of
this title for a period of up to 24 months.
(b) Criminal Penalty.--Whoever has been convicted of having
failed to give up possession of household goods shall be fined
under title 18 or imprisoned for not more than 5 years, or
both.
(c) Failure To Give Up Possession of Household Goods
Defined.--For purposes of this section, the term `failed to
give up possession of household goods' means the knowing and
willful failure, in violation of a contract, to deliver to, or
unload at, the destination of a shipment of household goods
that is subject to jurisdiction under subchapter I or III of
chapter 135 of this title, for which charges have been
estimated by the motor carrier providing transportation of such
goods, and for which the shipper has tendered a payment
described in clause (i), (ii), or (iii) of section
13707(b)(3)(A) of this title.
* * * * * * *
Sec. 30112. Prohibitions on manufacturing, selling, and importing
noncomplying motor vehicles and equipment
(a) General.--(1) Except as provided in this section,
sections 30113 and 30114 of this title, and subchapter III of
this chapter, a person may not manufacture for sale, sell,
offer for sale, introduce or deliver for introduction in
interstate commerce, or import into the United States, any
motor vehicle or motor vehicle equipment manufactured on or
after the date an applicable motor vehicle safety standard
prescribed under this chapter takes effect unless the vehicle
or equipment complies with the standard and is covered by a
certification issued under section 30115 of this title.
(2) Except as provided in this section, sections 30113 and
30114 of this title, and subchapter III of this chapter, a
school or school system may not purchase, rent, or lease a
motor vehicle designed or used to transport 15 passengers,
including the driver, if that motor vehicle will be used
significantly by, or on behalf of, the school or school system
to transport preprimary, primary, or secondary school students
to or from school or an event related to school, unless the
motor vehicle complies with the motor vehicle standards
prescribed for school buses and multifunction school activity
buses under this title. This paragraph does not apply to the
purchase, rental, or lease of a motor vehicle under a contract
executed before the date of enactment of the Surface
Transportation Safety Improvement Act of 2005.
(b) Nonapplication.--This section does not apply to--
(1) the sale, offer for sale, or introduction or
delivery for introduction in interstate commerce of a
motor vehicle or motor vehicle equipment after the
first purchase of the vehicle or equipment in good
faith other than for resale;
(2) a person--
(A) establishing that the person had no
reason to know, despite exercising reasonable
care, that a motor vehicle or motor vehicle
equipment does not comply with applicable motor
vehicle safety standards prescribed under this
chapter; or
(B) holding, without knowing about the
noncompliance and before the vehicle or
equipment is first purchased in good faith
other than for resale, a certificate issued by
a manufacturer or importer stating the vehicle
or equipment complies with applicable standards
prescribed under this chapter;
(3) a motor vehicle or motor vehicle equipment
intended only for export, labeled for export on the
vehicle or equipment and on the outside of any
container of the vehicle or equipment, and exported;
(4) a motor vehicle the Secretary of Transportation
decides under section 30141 of this title is capable of
complying with applicable standards prescribed under
this chapter;
(5) a motor vehicle imported for personal use by an
individual who receives an exemption under section
30142 of this title;
(6) a motor vehicle under section 30143 of this title
imported by an individual employed outside the United
States;
(7) a motor vehicle under section 30144 of this title
imported on a temporary basis;
(8) a motor vehicle or item of motor vehicle
equipment under section 30145 of this title requiring
further manufacturing; or
(9) a motor vehicle that is at least 25 years old.
Sec. 30122. Making safety devices and elements inoperative
(a) Definition.--In this section, ``motor vehicle repair
business'' means a person holding itself out to the public to
repair for compensation a motor vehicle or motor vehicle
equipment.
(b) Prohibition.--A manufacturer, distributor, dealer, or
motor vehicle repair business may not knowingly make
inoperative any part of a device or element of design installed
on or in a motor vehicle or motor vehicle equipment in
compliance with an applicable motor vehicle safety standard
prescribed under this chapter unless the manufacturer,
distributor, dealer, or repair business reasonably believes the
vehicle or equipment will not be used (except for testing or a
similar purpose during maintenance or repair) when the device
or element is inoperative.
(c) Regulations.--The Secretary of Transportation may
prescribe regulations--
(1) to exempt a person from this section if the
Secretary decides the exemption is consistent with
motor vehicle safety and section 30101 of this title;
and
(2) to define ``make inoperative''.
[(d) Nonapplication.--This section does not apply to a safety
belt interlock or buzzer designed to indicate a safety belt is
not in use as described in section 30124 of this title.]
Sec. 30124. Buzzers indicating nonuse of safety belts
A motor vehicle safety standard prescribed under this chapter
may [not] require or allow a manufacturer to comply with the
standard by using a safety belt interlock designed to prevent
starting or operating a motor vehicle if an occupant is not
using a safety belt or a buzzer designed to indicate a safety
belt is not in use, [except] including a buzzer that operates
only during the 8-second period after the ignition is turned to
the ``start'' or ``on'' position.
* * * * * * *
Sec. 30128. Vehicle rollover prevention and crash mitigation
(a) In General.--The Secretary shall initiate rulemaking
proceedings, for the purpose of establishing rules or standards
that will reduce vehicle rollover crashes and mitigate deaths
and injuries associated with such crashes for motor vehicles
with a gross vehicle weight rating of not more than 10,000
pounds.
(b) Rollover Prevention.--One of the rulemaking proceedings
initiated under subsection (a) shall be to establish
performance criteria to reduce the occurrence of rollovers
consistent with stability enhancing technologies. The Secretary
shall issue a proposed rule in this proceeding by rule by
October 1, 2006, and a final rule by April 1, 2009.
(c) Occupant Ejection Prevention.--
(1) In general.--The Secretary shall also initiate a
rulemaking proceding to establish performance standards
to reduce complete and partial ejections of vehicle
occupants from outboard seating positions. In
formulating the standards the Secretary shall consider
various ejection mitigation systems. The Secretary
shall issue a final rule under this paragraph no later
than October 1, 2009.
(2) Door locks and door retention.--The Secretary
shall complete the rulemaking proceeding initiated to
upgrade Federal Motor Vehicle Safety Standard No. 206,
relating to door locks and door retention, no later
than 30 months after the date of enactment of this Act.
(d) Protection of Occupants.--One of the rulemaking
proceedings initiated under subsection (a) shall be to
establish performance criteria to upgrade Federal Motor Vehicle
Safety Standard No. 216 relating to roof strength for driver
and passenger sides. The Secretary may consider industry and
independent dynamic tests that realistically duplicate the
actual forces transmitted during a rollover crash. The
Secretary shall issue a proposed rule by December 31, 2005, and
a final rule by July 1, 2008.
(e) Deadlines.--If the Secretary determines that the deadline
for a final rule under this section cannot be met, the
Secretary shall--
(1) notify the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives
Committee on Energy and Commerce and explain why that
deadline cannot be met; and
(2) establish a new deadline.
Sec. 31102. Grants to States
(a) General Authority.--Subject to this section and the
availability of amounts, the Secretary of Transportation may
make grants to States for the development or implementation of
programs for improving motor carrier safety and the enforcement
of regulations, standards, and orders of the United States
Government on commercial motor vehicle safety, hazardous
materials transportation safety, and compatible State
regulations, standards, and orders.
(b) State Plan Procedures and Contents.--(1) The Secretary
shall prescribe procedures for a State to submit a plan under
which the State agrees to assume responsibility for improving
motor carrier safety and to adopt and enforce regulations,
standards, and orders of the Government on commercial motor
vehicle safety, hazardous materials transportation safety, or
compatible State regulations, standards, and orders. The
Secretary shall approve the plan if the Secretary decides the
plan is adequate to promote the objectives of this section and
the plan--
(A) implements performance-based [activities by
fiscal year 2000;] activities for commercial motor
vehicles of passengers and freight;
(B) designates the State motor vehicle safety agency
responsible for administering the plan throughout the
State;
(C) contains satisfactory assurances the agency has
or will have the legal authority, resources, and
qualified personnel necessary to enforce the
regulations, standards, and orders;
(D) contains satisfactory assurances the State will
devote adequate amounts to the administration of the
plan and enforcement of the regulations, standards, and
orders;
(E) provides that the total expenditure of amounts of
the State and its political subdivisions (not including
amounts of the Government) for commercial motor vehicle
safety programs for enforcement of commercial motor
vehicle size and weight limitations, drug interdiction,
and State traffic safety laws and regulations under
subsection (c) of this section will be maintained at a
level at least equal to the average level of that
expenditure for its last 3 full fiscal [years before
December 18, 1991;] years;
(F) provides a right of entry and inspection to carry
out the plan;
(G) provides that all reports required under this
section be submitted to the agency and that the agency
will make the reports available to the Secretary on
request;
(H) provides that the agency will adopt the reporting
requirements and use the forms for recordkeeping,
inspections, and investigations the Secretary
prescribes;
(I) requires registrants of commercial motor vehicles
to make a declaration of knowledge of applicable safety
regulations, standards, and orders of the Government
and the State;
(J) provides that the State will grant maximum
reciprocity for inspections conducted under the North
American Inspection Standard through the use of a
nationally accepted system that allows ready
identification of previously inspected commercial motor
vehicles;
(K) ensures that activities described in subsection
(c)(1) of this section, if financed with grants under
subsection (a) of this section, will not diminish the
effectiveness of the development and implementation of
commercial motor vehicle safety programs described in
subsection (a);
(L) ensures that the State agency will coordinate the
plan, data collection, and information systems with
State highway safety programs under title 23;
(M) ensures participation in SAFETYNET and other
information systems by all appropriate jurisdictions
receiving funding under this section;
(N) ensures that information is exchanged among the
States in a timely manner;
(O) provides satisfactory assurances that the State
will undertake efforts that will emphasize and improve
enforcement of State and local traffic safety laws and
regulations related to commercial motor vehicle safety;
(P) provides satisfactory assurances that the State
will promote activities in support of national
priorities and performance goals, including--
(i) activities aimed at removing impaired commercial
motor vehicle drivers from the highways of the United
States through adequate enforcement of regulations on
the use of alcohol and controlled substances and by
ensuring ready roadside access to alcohol detection and
measuring equipment;
(ii) activities aimed at providing an appropriate
level of training to State motor carrier safety
assistance program officers and employees on
recognizing drivers impaired by alcohol or controlled
substances; and
(iii) interdiction activities affecting the
transportation of controlled substances by commercial
motor vehicle drivers and training on appropriate
strategies for carrying out those interdiction
activities;
(Q) provides that the State will establish a program
to ensure the proper and timely correction of
commercial motor vehicle safety violations noted during
an inspection carried out with funds authorized under
section 31104;
(R) ensures that the State will cooperate in the
enforcement of registration requirements under section
13902 and financial responsibility requirements under
sections 13906, 31138, and 31139 and regulations issued
thereunder;
(S) ensures consistent, effective, and reasonable
sanctions; [and]
(T) ensures that roadside inspections will be
conducted at a location that is adequate to protect the
safety of drivers and enforcement [personnel.]
personnel;
(U) ensures that inspections of motor carriers of
passengers are conducted at stations, terminals, border
crossings, or maintenance facilities, except in the
case of an imminent or obvious safety hazard;
(V) provides that the State will include in the
training manual for the licensing examination to drive
a non-commercial motor vehicle and a commercial motor
vehicle, information on best practices for driving
safely in the vicinity of commercial motor vehicles and
in the vicinity of non-commercial vehicles,
respectively; and
(W) provides that the State will enforce the
registration requirements of section 13902 by
suspending the operation of any vehicle discovered to
be operating without registration or beyond the scope
of its registration.
(2) If the Secretary disapproves a plan under this
subsection, the Secretary shall give the State a written
explanation and allow the State to modify and resubmit the plan
for approval.
(3) In estimating the average level of State expenditure
under paragraph (1)(D) of this subsection, the Secretary--
(A) may allow the State to exclude State expenditures
for Government-sponsored demonstration or pilot
programs; and
(B) shall require the State to exclude Government
amounts and State matching amounts used to receive
Government financing under subsection (a) of this
section.
[(c) Use of Grants to Enforce Other Laws.--A State may use
amounts received under a grant under subsection (a) of this
section for the following activities if the activities are
carried out in conjunction with an appropriate inspection of
the commercial motor vehicle to enforce Government or State
commercial motor vehicle safety regulations:
[(1) enforcement of commercial motor vehicle size and
weight limitations at locations other than fixed weight
facilities, at specific locations such as steep grades
or mountainous terrains where the weight of a
commercial motor vehicle can significantly affect the
safe operation of the vehicle, or at ports where
intermodal shipping containers enter and leave the
United States.
[(2) detection of the unlawful presence of a
controlled substance (as defined under section 102 of
the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 802)) in a commercial motor vehicle
or on the person of any occupant (including the
operator) of the vehicle.
[(3) enforcement of State traffic laws and
regulations designed to promote the safe operation of
commercial motor vehicles.]
(c) Use of Grants To Enforce Other Laws.--A State may use
amounts received under a grant under subsection (a) of this
section for the following activities:
(1) If the activities are carried out in conjunction
with an appropriate inspection of the commercial motor
vehicle to enforce Government or State commercial motor
vehicle safety regulations--
(A) enforcement of commercial motor vehicle
size and weight limitations at locations other
than fixed weight facilities, at specific
locations such as steep grades or mountainous
terrains where the weight of a commercial motor
vehicle can significantly affect the safe
operation of the vehicle, or at ports where
intermodal shipping containers enter and leave
the United States; and
(B) detection of the unlawful presence of a
controlled substance (as defined under section
102 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 802)) in a
commercial motor vehicle or on the person of
any occupant (including the operator) of the
vehicle.
(2) Documented enforcement of State traffic laws and
regulations designed to promote the safe operation of
commercial motor vehicles, including documented
enforcement of such laws and regulations against non-
commercial motor vehicles when necessary to promote the
safe operation of commercial motor vehicles.
(d) Continuous Evaluation of Plans.--On the basis of reports
submitted by a State motor vehicle safety agency of a State
with a plan approved under this section and the Secretary's own
investigations, the Secretary shall make a continuing
evaluation of the way the State is carrying out the plan. If
the Secretary finds, after notice and opportunity for comment,
the State plan previously approved is not being followed or has
become inadequate to ensure enforcement of the regulations,
standards, or orders, the Secretary shall withdraw approval of
the plan and notify the State. The plan stops being effective
when the notice is received. A State adversely affected by the
withdrawal may seek judicial review under chapter 7 of title 5.
Notwithstanding the withdrawal, the State may retain
jurisdiction in administrative or judicial proceedings begun
before the withdrawal if the issues involved are not related
directly to the reasons for the withdrawal.
Sec. 31103. United States Government's share of costs
(a) Commercial Motor Vehicle Safety Programs and
Enforcement.--The Secretary of Transportation shall reimburse a
State, from a grant made under this subchapter, an amount that
is not more than 80 percent of the costs incurred by the State
in a fiscal year in developing and implementing programs to
improve commercial motor vehicle safety and enforce commercial
motor vehicle regulations, standards, or orders adopted under
this subchapter or subchapter II of this chapter. In
determining those costs, the Secretary shall include in-kind
contributions by the State. Amounts of the State and its
political subdivisions required to be expended under section
31102(b)(1)(D) of this title may not be included as part of the
share not provided by the United States Government. Amounts
generated by the Unified Carrier Registration Agreement, under
section 14504a of this title and received by a State and used
for motor carrier safety purposes may be included as part of
the State's share not provided by the United States. The
Secretary may allocate among the States whose applications for
grants have been approved those amounts appropriated for grants
to support those programs, under criteria that may be
established.
(b) Other Activities.--(1) The Secretary may reimburse State
agencies, local governments, or other persons up to 100 percent
for public education activities authorized by section
31104(f)(2).
(2) New entrant motor carrier audit funds.--From the
amounts designated under section 31104(f)(4), the
Secretary may allocate new entrant motor carrier audit
funds to States and local governments without requiring
a matching contribution from such States or local
governments.
Sec. 31104. Availability of amounts
[(a) In General.--The following amounts are made available
from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to incur
obligations to carry out section 31102:
[(1) Not more than $79,000,000 for fiscal year 1998.
[(2) Not more than $90,000,000 for fiscal year 1999.
[(3) Not more than $95,000,000 for fiscal year 2000.
[(4) Not more than $100,000,000 for fiscal year 2001.
[(5) Not more than $105,000,000 for fiscal year 2002.
[(6) Not more than $110,000,000 for fiscal year 2003.
[(7) Not more than $169,000,000 for fiscal year 2004.
[(8) Not more than $112,512,329 for the period of
October 1, 2004, through May 31, 2005.]
(a) In General.--There are authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to
carry out section 31102:
(1) Not more than $193,620,000 for fiscal year 2006.
(2) Not more than $197,490,000 for fiscal year 2007.
(3) Not more than $201,440,000 for fiscal year 2008.
(4) Not more than $205,470,000 for fiscal year 2009.
(b) Availability and Reallocation of Amounts.--Amounts made
available under subsection (a) of this section remain available
until expended. Allocations to a State remain available for
expenditure in the State for the fiscal year in which they are
allocated and for the next fiscal year. Amounts not expended by
a State during those 2 fiscal years are released to the
Secretary for reallocation.
(c) Reimbursement for Government's Share of Costs.--Amounts
made available under subsection (a) of this section shall be
used to reimburse States proportionately for the United States
Government's share of costs incurred.
(d) Grants as Contractual Obligations.--Approval by the
Secretary of a grant to a State under section 31102 of this
title is a contractual obligation of the Government for payment
of the Government's share of costs incurred by the State in
developing, implementing, or developing and implementing
programs to enforce commercial motor vehicle regulations,
standards, and orders.
(e) Deduction for Administrative Expenses.--On October 1 of
each fiscal year or as soon after that date as practicable, the
Secretary may deduct, from amounts made available under
subsection (a) of this section for that fiscal year, not more
than 1.25 percent of those amounts for administrative expenses
incurred in carrying out section 31102 of this title in that
fiscal year. The Secretary shall use at least 75 percent of
those deducted amounts to train non-Government employees and to
develop related training materials in carrying out section
31102.
(f) Allocation Criteria and Eligibility.--
(1) In general.--On October 1 of each fiscal year or
as soon after that date as practicable and after making
the deduction under subsection (e), the Secretary shall
allocate amounts made available to carry out section
31102 for such fiscal year among the States with plans
approved under section 31102. Such allocation shall be
made under such criteria as the Secretary prescribes by
regulation.
[(2) High-priority and border activities.--
[(A) High-priority activities and projects.--
The Secretary may designate up to 5 percent of
amounts available for allocation under
paragraph (1) for States, local governments,
and other persons for carrying out high
priority activities and projects that improve
commercial motor vehicle safety and compliance
with commercial motor vehicle safety
regulations, including activities and projects
that are national in scope, increase public
awareness and education, or demonstrate new
technologies. The amounts designated under this
subparagraph shall be allocated by the
Secretary to State agencies, local governments,
and other persons that use and train qualified
officers and employees in coordination with
State motor vehicle safety agencies.
[(B) Border commercial motor vehicle safety
and enforcement programs.--The Secretary may
designate up to 5 percent of amounts available
for allocation under paragraph (1) for States,
local governments, and other persons for
carrying out border commercial motor vehicle
safety programs and enforcement activities and
projects. The amounts designated under this
subparagraph shall be allocated by the
Secretary to State agencies, local governments,
and other persons that use and train qualified
officers and employees in coordination with
State motor vehicle safety agencies.]
(2) High-priority activities.--The Secretary may
designate up to $15,000,000 for each of fiscal years
2006 through 2009 from amounts available for allocation
under paragraph (1) for States, local governments, and
organizations representing government agencies or
officials for carrying out high priority activities and
projects that improve commercial motor vehicle safety
and compliance with commercial motor vehicle safety
regulations, including activities and projects that are
national in scope, increase public awareness and
education, or demonstrate new technologies, and will
reduce the number and rate of accidents involving
commercial motor vehicles. The amounts designated under
this paragraph shall be allocated by the Secretary to
State agencies, local governments, and organizations
representing government agencies or officials that use
and train qualified officers and employees in
coordination with State motor vehicle safety agencies.
The Secretary shall establish safety performance
criteria to be used to distribute high priority program
funds. At least 80 percent of the amounts designated
under this paragraph shall be awarded to State agencies
and local government agencies.
(3) New entrant audits.--The Secretary shall
designate up to $29,000,000 of the amounts available
for allocation under paragraph (1) for audits of new
entrant motor carriers conducted pursuant to 31144(f).
The Secretary may withhold such funds from a State or
local government that is unable to use government
employees to conduct new entrant motor carrier audits,
and may instead utilize the funds to conduct audits in
those jurisdictions.
(4) CDLIS modernization.--The Secretary may designate
up to $2,000,000 for fiscal year 2006 and up to
$6,000,000 for fiscal years 2007 through 2009 from
amounts available for allocation under paragraph (1)
for commercial driver's license information system
modernization under section 31309(f).
(g) Payment to States for Costs.--Each State shall submit
vouchers for costs the State incurs under this section and
section 31102 of this title. The Secretary shall pay the State
an amount not more than the Government share of costs incurred
as of the date of the vouchers.
(h) Intrastate Compatibility.--The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for
ensuring compatibility of intrastate commercial motor vehicle
safety laws and regulations with Government motor carrier
safety regulations to be enforced under section 31102(a) of
this title. To the extent practicable, the guidelines and
standards shall allow for maximum flexibility while ensuring
the degree of uniformity that will not diminish transportation
safety. In reviewing State plans and allocating amounts or
making grants under section 153 of title 23, the Secretary
shall ensure that the guidelines and standards are applied
uniformly.
(i) Administrative expenses.--
(1) There are authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to pay
administrative expenses of the Federal Motor Carrier
Safety Administration--
(A) $211,400,000 for fiscal year 2006;
(B) $217,500,000 for fiscal year 2007;
(C) $222,600,000 for fiscal year 2008; and
(D) $228,500,000 for fiscal year 2009.
(2) The funds authorized by this subsection shall be
used for personnel costs; administrative
infrastructure; rent; information technology; programs
for research and technology, information management,
regulatory development (including a medical review
board and rules for medical examiners), performance and
registration information system management, and
outreach and education; other operating expenses and
similar matters; and such other expenses as may from
time to time become necessary to implement statutory
mandates not funded from other sources.
(3) The amounts made available under this section
shall remain available until expended.
Sec. 31106. Information systems
(a) Information Systems and Data Analysis.--
(1) In general.--Subject to the provisions of this
section, the Secretary shall establish and operate
motor carrier, commercial motor vehicle, and driver
information systems and data analysis programs to
support safety regulatory and enforcement activities
required under this title.
(2) Network coordination.--In cooperation with the
States, the information systems under this section
shall be coordinated into a network providing accurate
identification of motor carriers and drivers,
commercial motor vehicle registration and license
tracking, and motor carrier, commercial motor vehicle,
and driver safety performance data.
(3) Data analysis capacity and programs.--The
Secretary shall develop and maintain under this section
data analysis capacity and programs that provide the
means to--
(A) identify and collect necessary motor
carrier, commercial motor vehicle, and driver
data;
(B) evaluate the safety fitness of motor
carriers and drivers;
(C) develop strategies to mitigate safety
problems and to use data analysis to address
and measure the effectiveness of such
strategies and related programs;
(D) determine the cost-effectiveness of
Federal and State safety compliance and
enforcement programs and other countermeasures;
and
(E) adapt, improve, and incorporate other
information and information systems as the
Secretary determines appropriate.
(4) Standards.--To implement this section, the
Secretary shall prescribe technical and operational
standards to ensure--
(A) uniform, timely, and accurate information
collection and reporting by the States and
other entities as determined appropriate by the
Secretary;
(B) uniform Federal, State, and local
policies and procedures necessary to operate
the information system; and
(C) the reliability and availability of the
information to the Secretary and States.
(b) Performance and Registration Information Program.--
(1) Information clearinghouse.--The Secretary shall
include, as part of the motor carrier information
system authorized by this section, a program to
establish and maintain a clearinghouse and repository
of information related to State registration and
licensing of commercial motor vehicles, the registrants
of such vehicles, and the motor carriers operating such
vehicles. The clearinghouse and repository may include
information on the safety fitness of each of the motor
carriers and registrants and other information the
Secretary considers appropriate, including information
on motor carrier, commercial motor vehicle, and driver
safety performance.
[(2) Design.--The program shall link Federal motor
carrier safety information systems with State driver
and commercial vehicle registration and licensing
systems and shall be designed to enable a State to--
[(A) determine the safety fitness of a motor
carrier or registrant when licensing or
registering the registrant or motor carrier or
while the license or registration is in effect;
and
[(B) decide, in cooperation with the
Secretary, whether and what types of sanctions
or operating limitations to impose on the motor
carrier or registrant to ensure safety.
[(3) Conditions for participation.--The Secretary
shall require States, as a condition of participation
in the program, to--
[(A) comply with the uniform policies,
procedures, and technical and operational
standards prescribed by the Secretary under
subsection (a)(4); and
[(B) possess or seek authority to impose
commercial motor vehicle registration sanctions
on the basis of a Federal safety fitness
determination.
[(4) Funding.--The Secretary may make available up to
50 percent of the amounts available to carry out this
section by section 31107 in each of fiscal years 1998,
1999, 2000, 2001, 2002, and 2003 to carry out this
subsection. The Secretary is encouraged to direct no
less than 80 percent of amounts made available to carry
out this subsection to States that have not previously
received financial assistance to develop or implement
the information systems authorized by this section.]
(2) Design.--The program shall link Federal motor
carrier safety information systems with State
commercial vehicle registration and licensing systems
and shall be designed to enable a State to--
(A) determine the safety fitness of a motor
carrier or registrant when licensing or
registering the registrant or motor carrier or
while the license or registration is in effect;
and
(B) deny, suspend, or revoke the commercial
motor vehicle registrations of a motor carrier
or registrant that has been issued an
operations out-of-service order by the
Secretary.
(3) Conditions for participation.--The Secretary
shall require States, as a condition of participation
in the program, to--
(A) comply with the uniform policies,
procedures, and technical and operational
standards prescribed by the Secretary under
subsection (a)(4);
(B) possess the authority to impose sanctions
relating to commercial motor vehicle
registration on the basis of a Federal safety
fitness determination; and
(C) cancel the motor vehicle registration and
seize the registration plates of an employer
found liable under section 31310(i)(2)(C) of
this title for knowingly allowing or requiring
an employee to operate a commercial motor
vehicle in violation of an out-of-service
order.
(c) Commercial Motor Vehicle Driver Safety Program.--In
coordination with the information system under section 31309,
the Secretary is authorized to establish a program to improve
commercial motor vehicle driver safety. The objectives of the
program shall include--
(1) enhancing the exchange of driver licensing
information among the States, the Federal Government,
and foreign countries;
(2) providing information to the judicial system on
commercial motor vehicle drivers;
(3) evaluating any aspect of driver performance that
the Secretary determines appropriate; and
(4) developing appropriate strategies and
countermeasures to improve driver safety.
(d) Cooperative Agreements, Grants, and Contracts.--The
Secretary may carry out this section either independently or in
cooperation with other Federal departments, agencies, and
instrumentalities, or by making grants to, and entering into
contracts and cooperative agreements with, States, local
governments, associations, institutions, corporations, and
other persons.
(e) Information Availability and Privacy Protection Policy.--
The Secretary shall develop a policy on making information
available from the information systems authorized by this
section and section 31309. The policy shall be consistent with
existing Federal information laws, including regulations, and
shall provide for review and correction of such information in
a timely manner.
[Sec. 31107. Contract authority funding for information systems
[(a) Funding.--There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
sections 31106 and 31309 of this title--
[(1) $6,000,000 for fiscal year 1998;
[(2) $10,000,000 for each of fiscal years 1999 and
2000;
[(3) $12,000,000 for each of fiscal years 2001
through 2002;
[(4) $15,000,000 for fiscal year 2003;
[(5) $20,000,000 for the fiscal year 2004; and
[(6) $13,315,068 for the period of October 1, 2004
through May 31, 2005.
The amounts made available under this subsection shall remain
available until expended.
[(b) Contract Authority.--Approval by the Secretary of a
grant with funds made available under this section imposes upon
the United States Government a contractual obligation for
payment of the Government's share of costs incurred in carrying
out the objectives of the grant.
[(c) Emergency CDL Grants.--From amounts made available by
subsection (a) for a fiscal year, the Secretary of
Transportation may make a grant of up to $1,000,000 to a State
whose commercial driver's license program may fail to meet the
compliance requirements of section 31311(a).]
Sec. 31107. Border enforcement grants
(a) General Authority.--From the funds authorized by section
103(b)(1) of the Motor Carrier Safety Reauthorization Act of
2005, the Secretary may make a grant in a fiscal year to a
State that shares a border with another country for carrying
out border commercial motor vehicle safety programs and related
enforcement activities and projects.
(b) Maintenance of Expenditures.--The Secretary may make a
grant to a State under this section only if the State agrees
that the total expenditure of amounts of the State and
political subdivisions of the State, exclusive of United States
Government amounts, for carrying out border commercial motor
vehicle safety programs and related enforcement activities and
projects will be maintained at a level at least equal to the
average level of that expenditure by the State and political
subdivisions of the State for the last 2 State or Federal
fiscal years before October 1, 2005.
[Sec. 31108. Authorization of appropriations
[Not more than $-- -- -- -- -- may be appropriated to the
Secretary of Transportation for the fiscal year ending
September 30, 19--, to carry out the safety duties and powers
of the Federal Highway Administration.]
Sec. 31108. Motor carrier research and technology program
(a) Research, Technology, and Technology Transfer
Activities.--
(1) The Secretary of Transportation shall establish
and carry out a motor carrier and motor coach research
and technology program. The Secretary may carry out
research, development, technology, and technology
transfer activities with respect to--
(A) the causes of accidents, injuries and
fatalities involving commercial motor vehicles;
and
(B) means of reducing the number and severity
of accidents, injuries and fatalities involving
commercial motor vehicles.
(2) The Secretary may test, develop, or assist in
testing and developing any material, invention,
patented article, or process related to the research
and technology program.
(3) The Secretary may use the funds appropriated to
carry out this section for training or education of
commercial motor vehicle safety personnel, including,
but not limited to, training in accident reconstruction
and detection of controlled substances or other
contraband, and stolen cargo or vehicles.
(4) The Secretary may carry out this section--
(A) independently;
(B) in cooperation with other Federal
departments, agencies, and instrumentalities
and Federal laboratories; or
(C) by making grants to, or entering into
contracts, cooperative agreements, and other
transactions with, any Federal laboratory,
State agency, authority, association,
institution, for-profit or non-profit
corporation, organization, foreign country, or
person.
(5) The Secretary shall use funds made available to
carry out this section to develop, administer,
communicate, and promote the use of products of
research, technology, and technology transfer programs
under this section.
(b) Collaborative Research and Development.--
(1) To advance innovative solutions to problems
involving commercial motor vehicle and motor carrier
safety, security, and efficiency, and to stimulate the
deployment of emerging technology, the Secretary may
carry out, on a cost-shared basis, collaborative
research and development with--
(A) non-Federal entities, including State and
local governments, foreign governments,
colleges and universities, corporations,
institutions, partnerships, and sole
proprietorships that are incorporated or
established under the laws of any State; and
(B) Federal laboratories.
(2) In carrying out this subsection, the Secretary
may enter into cooperative research and development
agreements (as defined in section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a)).
(3)(A) The Federal share of the cost of activities
carried out under a cooperative research and
development agreement entered into under this
subsection shall not exceed 50 percent, except that if
there is substantial public interest or benefit, the
Secretary may approve a greater Federal share.
(B) All costs directly incurred by the non-Federal
partners, including personnel, travel, and hardware or
software development costs, shall be credited toward
the non-Federal share of the cost of the activities
described in subparagraph (A).
(4) The research, development, or use of a technology
under a cooperative research and development agreement
entered into under this subsection, including the terms
under which the technology may be licensed and the
resulting royalties may be distributed, shall be
subject to the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3701 et seq.).
(c) Availability of Amounts.--The amounts made available
under section 103(a) of the Motor Carrier Safety
Reauthorization Act of 2005 to carry out this section shall
remain available until expended.
(d) Contract Authority.--Approval by the Secretary of a grant
with funds made available under section 103(a) of the Motor
Carrier Safety Reauthorization Act of 2005 to carry out this
section imposes upon the United States Government a contractual
obligation for payment of the Government's share of costs
incurred in carrying out the objectives of the grant.
Sec. 31109. Performance and Registration Information System Management
(a) In General.--From the funds authorized by section
103(b)(2) of the Motor Carrier Safety Reauthorization Act of
2005, the Secretary may make a grant in a fiscal year to a
State to implement the performance and registration information
system management requirements of section 31106(b).
(b) Availability of Amounts.--Amounts made available to a
State under section 103(b)(2) of the Motor Carrier Safety
Reauthorization Act of 2005 to carry out this section shall
remain available until expended.
(c) Secretary's Approval.--Approval by the Secretary of a
grant to a State under section 103(b)(2) of the Motor Carrier
Safety Reauthorization Act of 2005 to carry out this section is
a contractual obligation of the Government for payment of the
amount of the grant.
Sec. 31132. Definitions
In this subchapter--
(1) ``commercial motor vehicle'' means a self-
propelled or towed vehicle used on the highways in
interstate commerce to transport passengers or
property, if the vehicle--
(A) has a gross vehicle weight rating or
gross vehicle weight of at least 10,001 pounds,
whichever is greater;
(B) is designed or used to transport more
than 8 passengers (including the driver) for
compensation;
(C) is designed or used to transport more
than 15 passengers, including the driver, and
is not used to transport passengers for
compensation; or
(D) is used in transporting material found by
the Secretary of Transportation to be hazardous
under section 5103 of this title and
transported in a quantity requiring placarding
under regulations prescribed by the Secretary
under section 5103.
(2) ``employee'' means an operator of a commercial
motor vehicle (including an independent contractor when
operating a commercial motor vehicle), a mechanic, a
freight handler, or an individual not an employer,
who--
(A) directly affects commercial motor vehicle
safety in the course of employment; and
(B) is not an employee of the United States
Government, a State, or a political subdivision
of a State acting in the course of the
employment by the Government, a State, or a
political subdivision of a State.
(3) ``employer''--
(A) means a person engaged in a business
affecting interstate commerce that owns or
leases a commercial motor vehicle in connection
with that business, or assigns an employee to
operate it; but
(B) does not include the Government, a State,
or a political subdivision of a State.
(4) ``interstate commerce'' means trade, traffic, or
transportation in the United States between a place in
a State and--
(A) a place outside that State (including a
place outside the United States); or
(B) another place in the same State through
another State or through a place outside the
United States.
(5) ``intrastate commerce'' means trade, traffic, or
transportation in a State that is not interstate
commerce.
(6) ``medical examiner'' means an individual
licensed, certified, or registered in accordance with
regulations issued by the Federal Motor Carrier Safety
Administration as a medical examiner.
[(6)] (7) ``regulation'' includes a standard or
order.
[(7)] (8) ``State'' means a State of the United
States, the District of Columbia, and, in sections
31136 and 31140-31142 of this title, a political
subdivision of a State.
[(8)] (9) ``State law'' includes a law enacted by a
political subdivision of a State.
[(9)] (10) ``State regulation'' includes a regulation
prescribed by a political subdivision of a State.
[(10)] (11) ``United States'' means the States of the
United States and the District of Columbia.
Sec. 31135. Duties of employers and employees
(a) In General._Each employer and employee shall comply with
regulations on commercial motor vehicle safety prescribed by
the Secretary of Transportation under this subchapter that
apply to the employer's or employee's conduct.
(b) Pattern of Non-Compliance.--If an officer of a motor
carrier engages in a pattern or practice of avoiding
compliance, or masking or otherwise concealing non-compliance,
with regulations on commercial motor vehicle safety prescribed
under this subchapter, the Secretary may suspend, amend, or
revoke any part of the motor carrier's registration under
section 13905 of this title.
(c) Regulations.--Within 1 year after the date of enactment
of the Motor Carrier Safety Reauthorization Act of 2005, the
Secretary shall by regulation establish standards to implement
subsection (b).
(d) Definitions.--In this section:
(1) Motor carrier.--The term `motor carrier' has the
meaning given the term in section 13102(12) of this
title.
(2) Officer.--The term ``officer'' means an owner,
director, chief executive officer, chief operating
officer, chief financial officer, safety director,
vehicle maintenance supervisor, and driver supervisor
of a motor carrier, regardless of the title attached to
those functions, and any person, however designated,
exercising controlling influence over the operations of
the motor carrier.
Sec. 31136. United States Government regulations
(a) Minimum Safety Standards.--Subject to section 30103(a) of
this title, the Secretary of Transportation shall prescribe
regulations on commercial motor vehicle safety. The regulations
shall prescribe minimum safety standards for commercial motor
vehicles. At a minimum, the regulations shall ensure that--
(1) commercial motor vehicles are maintained,
equipped, loaded, and operated safely;
(2) the responsibilities imposed on operators of
commercial motor vehicles do not impair their ability
to operate the vehicles safely;
[(3) the physical condition of operators of
commercial motor vehicles is adequate to enable them to
operate the vehicles safely; and]
(3) the physical condition of operators of commercial
motor vehicles is adequate to enable them to operate
the vehicles safely, and the periodic physical
examinations required of such operators are performed
by medical examiners who have received training in
physical and medical examination standards and are
listed on a national registry maintained by the
Department of Transportation; and
(4) the operation of commercial motor vehicles does
not have a deleterious effect on the physical condition
of the operators.
(b) Eliminating and Amending Existing Regulations.--The
Secretary may not eliminate or amend an existing motor carrier
safety regulation related only to the maintenance, equipment,
loading, or operation (including routing) of vehicles carrying
material found to be hazardous under section 5103 of this title
until an equivalent or more stringent regulation has been
prescribed under section 5103.
(c) Procedures and Considerations.--(1) A regulation under
this section shall be prescribed under section 553 of title 5
(without regard to sections 556 and 557 of title 5).
(2) Before prescribing regulations under this section, the
Secretary shall consider, to the extent practicable and
consistent with the purposes of this chapter--
(A) costs and benefits; and
(B) State laws and regulations on commercial motor
vehicle safety, to minimize their unnecessary
preemption.
(d) Effect of Existing Regulations.--If the Secretary does
not prescribe regulations on commercial motor vehicle safety
under this section, regulations on commercial motor vehicle
safety prescribed by the Secretary before October 30, 1984, and
in effect on October 30, 1984, shall be deemed in this
subchapter to be regulations prescribed by the Secretary under
this section.
(e) Exemptions.--The Secretary may grant in accordance with
section 31315 waivers and exemptions from, or conduct pilot
programs with respect to, any regulations prescribed under this
section.
(f) Limitations on Municipality and Commercial Zone
Exemptions and Waivers.--(1) The Secretary may not--
(A) exempt a person or commercial motor vehicle from
a regulation related to commercial motor vehicle safety
only because the operations of the person or vehicle
are entirely in a municipality or commercial zone of a
municipality; or
(B) waive application to a person or commercial motor
vehicle of a regulation related to commercial motor
vehicle safety only because the operations of the
person or vehicle are entirely in a municipality or
commercial zone of a municipality.
(2) If a person was authorized to operate a commercial motor
vehicle in a municipality or commercial zone of a municipality
in the United States for the entire period from November 19,
1987, through November 18, 1988, and if the person is otherwise
qualified to operate a commercial motor vehicle, the person may
operate a commercial motor vehicle entirely in a municipality
or commercial zone of a municipality notwithstanding--
(A) paragraph (1) of this subsection;
(B) a minimum age requirement of the United States
Government for operation of the vehicle; and
(C) a medical or physical condition that--
(i) would prevent an operator from operating
a commercial motor vehicle under the commercial
motor vehicle safety regulations in title 49,
Code of Federal Regulations;
(ii) existed on July 1, 1988;
(iii) has not substantially worsened; and
(iv) does not involve alcohol or drug abuse.
(3) This subsection does not affect a State commercial motor
vehicle safety law applicable to intrastate commerce.
(g) Inspection, Repair, and Maintenance of Intermodal
Equipment.--The Secretary or an employee of the Department of
Transportation designated by the Secretary may inspect
intermodal equipment, and copy related maintenance and repair
records for such equipment, on demand and display of proper
credentials.
(h) Out-of-Service Until Repair.--Any intermodal equipment
that is determined under this section to fail to comply with
applicable safety regulations shall be taken out of service and
may not be used on a public highway until the repairs necessary
to bring such equipment into compliance have been completed.
Repairs of equipment taken out of service shall be documented
in the maintenance records for such equipment.
Sec. 31138. Minimum financial responsibility for transporting
passengers
[(a) General Requirement.--The Secretary of Transportation
shall prescribe regulations to require minimum levels of
financial responsibility sufficient to satisfy liability
amounts established by the Secretary covering public liability
and property damage for the transportation of passengers for
compensation by motor vehicle in the United States between a
place in a State and--
[(1) a place in another State;
[(2) another place in the same State through a place
outside of that State; or
[(3) a place outside the United States.]
(a) General Requirement.--The Secretary of Transportation
shall prescribe regulations to require minimum levels of
financial responsibility sufficient to satisfy liability
amounts established by the Secretary covering public liability
and property damage for the transportation of passengers by
motor vehicle in the United States between a place in a State
and--
(1) a place in another State;
(2) another place in the same State through a place
outside of that State; or
(3) a place outside the United States.
(b) Minimum Amounts.--The level of financial responsibility
established under subsection (a) of this section for a motor
vehicle with a seating capacity of--
(1) at least 16 passengers shall be at least
$5,000,000; and
(2) not more than 15 passengers shall be at least
$1,500,000.
(c) Evidence of Financial Responsibility.--(1) Subject to
paragraph (2) of this subsection, financial responsibility may
be established by evidence of one or a combination of the
following if acceptable to the Secretary of Transportation:
(A) insurance, including high self-retention.
(B) a guarantee.
(C) a surety bond issued by a bonding company
authorized to do business in the United States.
(2) A person domiciled in a country contiguous to the United
States and providing transportation to which a minimum level of
financial responsibility under this section applies shall have
evidence of financial responsibility in the motor vehicle when
the person is providing the transportation. If evidence of
financial responsibility is not in the vehicle, the Secretary
of Transportation and the Secretary of the Treasury shall deny
entry of the vehicle into the United States.
(3) A motor carrier may obtain the required amount of
financial responsibility from more than one source provided the
cumulative amount is equal to the minimum requirements of this
section.
(4) The Secretary may require a person, other than a
motor carrier as defined in section 13102(12) of this
title, transporting passengers by motor vehicle to file
with the Secretary the evidence of financial
responsibility specified in subsection (c)(1) of this
section in an amount not less than that required by
this section, and the laws of the State or States in
which the person is operating, to the extent
applicable. The extent of the financial responsibility
must be sufficient to pay, not more than the amount of
the financial responsibility, for each final judgment
against the person for bodily injury to, or death of,
an individual resulting from the negligent operation,
maintenance, or use of motor vehicles, or for loss or
damage to property, or both.
(d) Civil Penalty.--(1) If, after notice and an opportunity
for a hearing, the Secretary of Transportation finds that a
person (except an employee acting without knowledge) has
knowingly violated this section or a regulation prescribed
under this section, the person is liable to the United States
Government for a civil penalty of not more than $10,000 for
each violation. A separate violation occurs for each day the
violation continues.
(2) The Secretary of Transportation shall impose the penalty
by written notice. In determining the amount of the penalty,
the Secretary shall consider--
(A) the nature, circumstances, extent, and gravity of
the violation;
(B) with respect to the violator, the degree of
culpability, any history of prior violations, the
ability to pay, and any effect on the ability to
continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the
penalty before referring the matter to the Attorney General for
collection.
(4) The Attorney General shall bring a civil action in an
appropriate district court of the United States to collect a
penalty referred to the Attorney General for collection under
this subsection.
(5) The amount of the penalty may be deducted from amounts
the Government owes the person. An amount collected under this
section shall be deposited in the Treasury as miscellaneous
receipts.
(e) Nonapplication.--This section does not apply to a motor
vehicle--
(1) transporting only school children and teachers to
or from school;
(2) providing taxicab service (as defined in section
13102);
(3) carrying not more than 15 individuals in a
single, daily round trip to and from work; or
(4) providing transportation service within a transit
service area under an agreement with a Federal, State,
or local government funded, in whole or in part, with a
grant under section 5307, 5310, or 5311, including
transportation designed and carried out to meet the
special needs of elderly individuals and individuals
with disabilities; except that, in any case in which
the transit service area is located in more than 1
State, the minimum level of financial responsibility
for such motor vehicle will be at least the highest
level required for any of such States.
Sec. 31139. Minimum financial responsibility for transporting property
(a) Definitions.--In this section--
(1) ``farm vehicle'' means a vehicle--
(A) designed or adapted and used only for
agriculture;
(B) operated by a motor private carrier (as
defined in section 10102 of this title); and
(C) operated only incidentally on highways.
(2) ``interstate commerce'' includes transportation
between a place in a State and a place outside the
United States, to the extent the transportation is in
the United States.
(3) ``State'' means a State of the United States, the
District of Columbia, Puerto Rico, the Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands.
[(b) General Requirement and Minimum Amount.--(1) The
Secretary of Transportation shall prescribe regulations to
require minimum levels of financial responsibility sufficient
to satisfy liability amounts established by the Secretary
covering public liability, property damage, and environmental
restoration for the transportation of property for compensation
by motor vehicle in the United States between a place in a
State and--
[(A) a place in another State;
[(B) another place in the same State through a place
outside of that State; or
[(C) a place outside the United States.]
(b) General Requirements and Minimum Amount.--
(1) The Secretary of Transportation shall prescribe
regulations to require minimum levels of financial
responsibility sufficient to satisfy liability amounts
established by the Secretary covering public liability,
property damage, and environmental restoration for the
transportation of property by motor vehicle in the
United States between a place in a State and--
(A) a place in another State;
(B) another place in the same State through a
place outside of that State; or
(C) a place outside the United States.
(2) The level of financial responsibility established
under paragraph (1) of this subsection shall be at
least $750,000.
(c) Filing of Evidence of Financial Responsibility.--The
Secretary may require a motor private carrier, as defined in
section 13102 of this title, to file with the Secretary the
evidence of financial responsibility specified in subsection
(b) of this section in an amount not less than that required by
this section, and the laws of the State or States in which the
motor private carrier is operating, to the extent applicable.
The amount of the financial responsibility must be sufficient
to pay, not more than the amount of the financial
responsibility, for each final judgment against the motor
private carrier for bodily injury to, or death of, an
individual resulting from negligent operation, maintenance, or
use of motor vehicles, or for loss or damage to property, or
both.
[(c)] (d) Requirements for Hazardous Matter and Oil.--(1) The
Secretary of Transportation shall prescribe regulations to
require minimum levels of financial responsibility sufficient
to satisfy liability amounts established by the Secretary
covering public liability, property damage, and environmental
restoration for the transportation by motor vehicle in
interstate or intrastate commerce of--
(A) hazardous material (as defined by the Secretary);
(B) oil or hazardous substances (as defined by the
Administrator of the Environmental Protection Agency);
or
(C) hazardous wastes (as defined by the
Administrator).
(2)(A) Except as provided in subparagraph (B) of this
paragraph, the level of financial responsibility established
under paragraph (1) of this subsection shall be at least
$5,000,000 for the transportation--
(i) of hazardous substances (as defined by the
Administrator) in cargo tanks, portable tanks, or
hopper-type vehicles, with capacities of more than
3,500 water gallons;
(ii) in bulk of class A explosives, poison gas,
liquefied gas, or compressed gas; or
(iii) of large quantities of radioactive material.
(B) The Secretary of Transportation by regulation may reduce
the minimum level in subparagraph (A) of this paragraph (to an
amount not less than $1,000,000) for transportation described
in subparagraph (A) in any of the territories of Puerto Rico,
the Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands if--
(i) the chief executive officer of the territory
requests the reduction;
(ii) the reduction will prevent a serious disruption
in transportation service and will not adversely affect
public safety; and
(iii) insurance of $5,000,000 is not readily
available.
(3) The level of financial responsibility established under
paragraph (1) of this subsection for the transportation of a
material, oil, substance, or waste not subject to paragraph (2)
of this subsection shall be at least $1,000,000. However, if
the Secretary of Transportation finds it will not adversely
affect public safety, the Secretary by regulation may reduce
the amount for--
(A) a class of vehicles transporting such a material,
oil, substance, or waste in intrastate commerce (except
in bulk); and
(B) a farm vehicle transporting such a material or
substance in interstate commerce (except in bulk).
[(d)] (e) Foreign Motor Carriers and Private Carriers.--
Regulations prescribed under this section may allow foreign
motor carriers and foreign motor private carriers (as those
terms are defined in section 10530 of this title) providing
transportation of property under a certificate of registration
issued under section 10530 to meet the minimum levels of
financial responsibility under this section only when those
carriers are providing transportation for property in the
United States.
[(e)] (f) Evidence of Financial Responsibility.--(1) Subject
to paragraph (2) of this subsection, financial responsibility
may be established by evidence of one or a combination of the
following if acceptable to the Secretary of Transportation:
(A) insurance.
(B) a guarantee.
(C) a surety bond issued by a bonding company
authorized to do business in the United States.
(D) qualification as a self-insurer.
(2) A person domiciled in a country contiguous to the United
States and providing transportation to which a minimum level of
financial responsibility under this section applies shall have
evidence of financial responsibility in the motor vehicle when
the person is providing the transportation. If evidence of
financial responsibility is not in the vehicle, the Secretary
of Transportation and the Secretary of the Treasury shall deny
entry of the vehicle into the United States.
(3) A motor carrier may obtain the required amount of
financial responsibility from more than one source provided the
cumulative amount is equal to the minimum requirements of this
section.
[(f)] (g) Civil Penalty.--(1) If, after notice and an
opportunity for a hearing, the Secretary of Transportation
finds that a person (except an employee acting without
knowledge) has knowingly violated this section or a regulation
prescribed under this section, the person is liable to the
United States Government for a civil penalty of not more than
$10,000 for each violation. A separate violation occurs for
each day the violation continues.
(2) The Secretary of Transportation shall impose the penalty
by written notice. In determining the amount of the penalty,
the Secretary shall consider--
(A) the nature, circumstances, extent, and gravity of
the violation;
(B) with respect to the violator, the degree of
culpability, any history of prior violations, the
ability to pay, and any effect on the ability to
continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the
penalty before referring the matter to the Attorney General for
collection.
(4) The Attorney General shall bring a civil action in an
appropriate district court of the United States to collect a
penalty referred to the Attorney General for collection under
this subsection.
(5) The amount of the penalty may be deducted from amounts
the Government owes the person. An amount collected under this
section shall be deposited in the Treasury as miscellaneous
receipts.
[(g)] (h) Nonapplication.--This section does not apply to a
motor vehicle having a gross vehicle weight rating of less than
10,000 pounds if the vehicle is not used to transport in
interstate or foreign commerce--
(1) class A or B explosives;
(2) poison gas; or
(3) a large quantity of radioactive material.
Sec. 31141. Review and preemption of State laws and regulations
(a) Preemption After Decision.--A State may not enforce a
State law or regulation on commercial motor vehicle safety that
the Secretary of Transportation decides under this section may
not be enforced.
(b) Submission of Regulation.--A State receiving funds made
available under section 31104 that enacts a State law or issues
a regulation on commercial motor vehicle safety shall submit a
copy of the law or regulation to the Secretary immediately
after the enactment or issuance.
(c) Review and Decisions by Secretary.--
(1) Review.--[The Secretary] Except as provided by
subsection (h), the Secretary shall review State laws
and regulations on commercial motor vehicle safety. The
Secretary shall decide whether the State law or
regulation--
(A) has the same effect as a regulation
prescribed by the Secretary under section
31136;
(B) is less stringent than such regulation;
or
(C) is additional to or more stringent than
such regulation.
(2) Regulations with same effect.--If the Secretary
decides a State law or regulation has the same effect
as a regulation prescribed by the Secretary under
section 31136 of this title, the State law or
regulation may be enforced.
(3) Less stringent regulations.--If the Secretary
decides a State law or regulation is less stringent
than a regulation prescribed by the Secretary under
section 31136 of this title, the State law or
regulation may not be enforced.
(4) Additional or more stringent regulations.--If the
Secretary decides a State law or regulation is
additional to or more stringent than a regulation
prescribed by the Secretary under section 31136 of this
title, the State law or regulation may be enforced
unless the Secretary also decides that--
(A) the State law or regulation has no safety
benefit;
(B) the State law or regulation is
incompatible with the regulation prescribed by
the Secretary; or
(C) enforcement of the State law or
regulation would cause an unreasonable burden
on interstate commerce.
(5) Consideration of effect on interstate commerce.--
In deciding under paragraph (4) whether a State law or
regulation will cause an unreasonable burden on
interstate commerce, the Secretary may consider the
effect on interstate commerce of implementation of that
law or regulation with the implementation of all
similar laws and regulations of other States.
(d) Waivers.--(1) A person (including a State) may petition
the Secretary for a waiver of a decision of the Secretary that
a State law or regulation may not be enforced under this
section. The Secretary shall grant the waiver, as expeditiously
as possible, if the person demonstrates to the satisfaction of
the Secretary that the waiver is consistent with the public
interest and the safe operation of commercial motor vehicles.
(2) Before deciding whether to grant or deny a petition for a
waiver under this subsection, the Secretary shall give the
petitioner an opportunity for a hearing on the record.
(e) Written Notice of Decisions.--Not later than 10 days
after making a decision under subsection (c) of this section
that a State law or regulation may not be enforced, the
Secretary shall give written notice to the State of that
decision.
(f) Judicial Review and Venue.--(1) Not later than 60 days
after the Secretary makes a decision under subsection (c) of
this section, or grants or denies a petition for a waiver under
subsection (d) of this section, a person (including a State)
adversely affected by the decision, grant, or denial may file a
petition for judicial review. The petition may be filed in the
court of appeals of the United States for the District of
Columbia Circuit or in the court of appeals of the United
States for the circuit in which the person resides or has its
principal place of business.
(2) The court has jurisdiction to review the decision, grant,
or denial and to grant appropriate relief, including interim
relief, as provided in chapter 7 of title 5.
(3) A judgment of a court under this subsection may be
reviewed only by the Supreme Court under section 1254 of title
28.
(4) The remedies provided for in this subsection are in
addition to other remedies provided by law.
(g) Initiating Review Proceedings.--To review a State law or
regulation on commercial motor vehicle safety under this
section, the Secretary may initiate a regulatory proceeding on
the Secretary's own initiative or on petition of an interested
person (including a State).
(h) Preemption Generally.--Except as otherwise authorized by
law and as provided in subsection (i), a law, regulation,
order, or other requirement of a State, a political subdivision
of a State, or a tribal organization, is preempted if such law,
regulation, order, or other requirement exceeds or is
inconsistent with a requirement imposed under or pursuant to
this chapter.
(i) Pre-existing State Requirements.--
(1) In general.--Except as provided in paragraph (2),
a State requirement for the periodic inspection of
intermodal chassis by intermodal equipment providers
that was in effect on January 1, 2005, shall remain in
effect only until the date on which requirements
prescribed under section 127 of the Surface
Transportation Safety Improvement Act of 2005 take
effect.
(2) Non-preemption determinations.--
(A) In general.--A State requirement
described in paragraph (1) is not preempted by
a Federal requirement prescribed under section
127 of that Act if the Secretary determines
that the State requirement is as effective as
the Federal requirement and does not unduly
burden interstate commerce.
(B) Application required.--Subparagraph (A)
applies to a State requirement only if the
State applies to the Secretary for a
determination under this paragraph with respect
to the requirement before the date on which
requirements prescribed under section 127 of
that Act take effect. The Secretary shall make
a determination with respect to any such
application within 6 months after the date on
which the Secretary receives the application.
(C) Amended state requirements.--Any
amendment to a State requirement not preempted
under this subsection because of a
determination by the Secretary under
subparagraph (A) may not take effect unless--
(i) it is submitted to the Secretary
before the effective date of the
amendment; and
(ii) the Secretary determines that
the amendment would not cause the State
requirement to be less effective than
the Federal requirement and would not
unduly burden interstate commerce.
Sec. 31144. Safety fitness of owners and operators
[(a) In General.--The Secretary shall--
[(1) determine whether an owner or operator is fit to
operate safely commercial motor vehicles;
[(2) periodically update such safety fitness
determinations;
[(3) make such final safety fitness determinations
readily available to the public; and
[(4) prescribe by regulation penalties for violations
of this section consistent with section 521.]
(a) In General.--The Secretary shall--
(1) determine whether an owner or operator is fit to
operate safely commercial motor vehicles, utilizing
among other things the accident record of an owner or
operator operating in interstate commerce and the
accident record and safety inspection record of such
owner or operator in operations that affect interstate
commerce within the United States, and in Canada and
Mexico if the owner or operator also conducts
operations within the United States;
(2) periodically update such safety fitness
determinations;
(3) make such final safety fitness determinations
readily available to the public; and
(4) prescribe by regulation penalties for violations
of this section consistent with section 521.
(b) Procedure.--The Secretary shall maintain by regulation a
procedure for determining the safety fitness of an owner or
operator. The procedure shall include, at a minimum, the
following elements:
(1) Specific initial and continuing requirements with
which an owner or operator must comply to demonstrate
safety fitness.
(2) A methodology the Secretary will use to determine
whether an owner or operator is fit.
(3) Specific time frames within which the Secretary
will determine whether an owner or operator is fit.
(c) Prohibited Transportation.--
(1) In general.--Except as provided in [sections
521(b)(5)(A) and 5113] section 521(b)(5)(A) of this
title and this subsection, an owner or operator who the
Secretary determines is not fit may not operate
commercial motor vehicles in interstate commerce
beginning on the 61st day after the date of such
fitness determination and until the Secretary
determines such owner or operator is fit.
(2) Owners or operators transporting passengers.--
With regard to owners or operators of commercial motor
vehicles designed or used to transport passengers, an
owner or operator who the Secretary determines is not
fit may not operate in interstate commerce beginning on
the 46th day after the date of such fitness
determination and until the Secretary determines such
owner or operator is fit.
(3) Owners or operators transporting hazardous
material.--With regard to owners or operators of
commercial motor vehicles designed or used to transport
hazardous material for which placarding of a motor
vehicle is required under regulations prescribed under
chapter 51, an owner or operator who the Secretary
determines is not fit may not operate in interstate
commerce beginning on the 46th day after the date of
such fitness determination and until the Secretary
determines such owner or operator is fit. A violation
of this paragraph by an owner or operator transporting
hazardous material shall be considered a violation of
chapter 51 of this title, and shall be subject to the
penalties in sections 5123 and 5124 of this title.
(4) Secretary's discretion.--Except for owners or
operators described in paragraphs (2) and (3), the
Secretary may allow an owner or operator who is not fit
to continue operating for an additional 60 days after
the 61st day after the date of the Secretary's fitness
determination, if the Secretary determines that such
owner or operator is making a good faith effort to
become fit.
(5) Transportation affecting interstate commerce.--
Owners or operators of commercial motor vehicles
prohibited from operating in interstate commerce
pursuant to paragraphs (1) through (3) of this section
may not operate any commercial motor vehicle that
affects interstate commerce until the Secretary
determines that such owner or operator is fit.
(d) Determination of Unfitness by a State.--If a State that
receives Motor Carrier Safety Assistance Program funds pursuant
to section 31102 of this title determines, by applying the
standards prescribed by the Secretary under subsection (b) of
this section, that an owner or operator of commercial motor
vehicles that has its principal place of business in that State
and operates in intrastate commerce is unfit under such
standards and prohibits the owner or operator from operating
such vehicles in the State, the Secretary shall prohibit the
owner or operator from operating such vehicles in interstate
commerce until the State determines that the owner or operator
is fit.
[(d)] (e) Review of Fitness Determinations.--
(1) In general.--Not later than 45 days after an
unfit owner or operator requests a review, the
Secretary shall review such owner's or operator's
compliance with those requirements with which the owner
or operator failed to comply and resulted in the
Secretary determining that the owner or operator was
not fit.
(2) Owners or operators transporting passengers.--Not
later than 30 days after an unfit owner or operator of
commercial motor vehicles designed or used to transport
passengers requests a review, the Secretary shall
review such owner's or operator's compliance with those
requirements with which the owner or operator failed to
comply and resulted in the Secretary determining that
the owner or operator was not fit.
(3) Owners or operators transporting hazardous
material.--Not later than 30 days after an unfit owner
or operator of commercial motor vehicles designed or
used to transport hazardous material for which
placarding of a motor vehicle is required under
regulations prescribed under chapter 51, the Secretary
shall review such owner's or operator's compliance with
those requirements with which the owner or operator
failed to comply and resulted in the Secretary
determining that the owner or operator was not fit.
[(e)] (f) Prohibited Government Use.--A department, agency,
or instrumentality of the United States Government may not use
to provide any transportation service an owner or operator who
the Secretary has determined is not fit until the Secretary
determines such owner or operator is fit.
[(c)] (g) Safety Reviews of New Operators.--
(1) In general.--The Secretary shall require, by
regulation, each owner and each operator granted new
operating authority, after the date on which section
31148(b) is first implemented, to undergo a safety
review within the first 18 months after the owner or
operator, as the case may be, begins operations under
such authority.
(2) Elements.--In the regulations issued pursuant to
paragraph (1), the Secretary shall establish the
elements of the safety review, including basic safety
management controls. In establishing such elements, the
Secretary shall consider their effects on small
businesses and shall consider establishing alternate
locations where such reviews may be conducted for the
convenience of small businesses.
(3) Phase-in of requirement.--The Secretary shall
phase in the requirements of paragraph (1) in a manner
that takes into account the availability of certified
motor carrier safety auditors.
(4) New entrant authority.--Notwithstanding any other
provision of this title, any new operating authority
granted after the date on which section 31148(b) is
first implemented shall be designated as new entrant
authority until the safety review required by paragraph
(1) is completed.
Sec. 31149. Exemptions from requirements relating to commercial motor
vehicles and their operators
(a) Exemptions.--
[(1) Transportation of agricultural commodities and
farm supplies.--Regulations prescribed by the Secretary
under sections 31136 and 31502 regarding maximum
driving and on-duty time for drivers used by motor
carriers shall not apply to drivers transporting
agricultural commodities or farm supplies for
agricultural purposes in a State if such transportation
is limited to an area within a 100 air mile radius from
the source of the commodities or the distribution point
for the farm supplies and is during the planting and
harvesting seasons within such State, as determined by
the State.]
(1) Transportation of agricultural commodities and
farm supplies.--Regulations prescribed by the Secretary
under sections 31136 and 31502 of this title regarding
maximum driving and on-duty time for drivers used by
motor carriers shall not apply during planting and
harvest periods, as determined by each State, to
drivers transporting agricultural commodities or farm
supplies for agricultural purposes in a State if such
transportation is limited to an area within a 100 air
mile radius from the source of the commodities or the
distribution point for the farm supplies.
(2) Transportation and operation of ground water well
drilling rigs.--Such regulations shall, in the case of
a driver of a commercial motor vehicle who is used
primarily in the transportation and operation of a
ground water well drilling rig, permit any period of 7
or 8 consecutive days to end with the beginning of an
off-duty period of 24 or more consecutive hours for the
purposes of determining maximum driving and on-duty
time.
(3) Transportation of construction materials and
equipment.--Such regulations shall, in the case of a
driver of a commercial motor vehicle who is used
primarily in the transportation of construction
materials and equipment, permit any period of 7 or 8
consecutive days to end with the beginning of an off-
duty period of 24 or more consecutive hours for the
purposes of determining maximum driving and on-duty
time.
[(4) Drivers of utility service vehicles.--Such
regulations shall, in the case of a driver of a utility
service vehicle, permit any period of 7 or 8
consecutive days to end with the beginning of an off-
duty period of 24 or more consecutive hours for the
purposes of determining maximum driving and on-duty
time.]
(4) Operators of utility service vehicles.--
(A) Inapplicability of federal regulations.--
Such regulations may not apply to a driver of a
utility service vehicle.
(B) Prohibition on state regulations.--A
State, a political subdivision of a State, an
interstate agency, or other entity consisting
of 2 or more States, shall not enact or enforce
any law, rule, regulation, or standard that
imposes requirements on a driver of a utility
service vehicle that are similar to the
requirements contained in such regulations.
(5) Snow and ice removal.--A State may waive the
requirements of chapter 313, with respect to a vehicle
that is being operated within the boundaries of an
eligible unit of local government by an employee of
such unit for the purpose of removing snow or ice from
a roadway by plowing, sanding, or salting. Such waiver
authority shall only apply in a case where the employee
is needed to operate the vehicle because the employee
of the eligible unit of local government who ordinarily
operates the vehicle and who has a commercial drivers
license is unable to operate the vehicle or is in need
of additional assistance due to a snow emergency.
(b) Preemption.--[Nothing] Except as provided in subsection
(a)(4), nothing contained in this section shall require the
preemption of State laws and regulations concerning the safe
operation of commercial motor vehicles as the result of
exemptions from Federal requirements provided under this
section.
(c) Review by the Secretary.--The Secretary may conduct a
rulemaking proceeding to determine whether granting any
exemption provided by subsection (a) (other than [paragraph
(2)] an exemption under paragraph (1),(2), or (4) ) is not in
the public interest and would have a significant adverse impact
on the safety of commercial motor vehicles. If, at any time as
a result of such a proceeding, the Secretary determines that
granting such exemption would not be in the public interest and
would have a significant adverse impact on the safety of
commercial motor vehicles, the Secretary may prevent the
exemption from going into effect, modify the exemption, or
revoke the exemption. The Secretary may develop a program to
monitor the exemption, including agreements with carriers to
permit the Secretary to examine insurance information
maintained by an insurer on a carrier.
(d) Report.--The Secretary shall monitor the commercial motor
vehicle safety performance of drivers of vehicles that are
subject to an exemption under this section. If the Secretary
determines that public safety has been adversely affected by an
exemption granted under this section, the Secretary shall
report to Congress on the determination.
(e) Definitions.--In this section, the following definitions
apply:
(1) 7 or 8 consecutive days.--The term `7 or 8
consecutive days' means the period of 7 or 8
consecutive days beginning on any day at the time
designated by the motor carrier for a 24-hour period.
(2) 24-hour period.--The term `24-hour period' means
any 24 consecutive hour period beginning at the time
designated by the motor carrier for the terminal from
which the driver is normally dispatched.
(3) Ground water well drilling rig.--The term `ground
water well drilling rig' means any vehicle, machine,
tractor, trailer, semi-trailer, or specialized mobile
equipment propelled or drawn by mechanical power and
used on highways to transport water well field
operating equipment, including water well drilling and
pump service rigs equipped to access ground water.
(4) Transportation of construction materials and
equipment.--The term `transportation of construction
materials and equipment' means the transportation of
construction and pavement materials, construction
equipment, and construction maintenance vehicles, by a
driver to or from an active construction site (a
construction site between initial mobilization of
equipment and materials to the site to the final
completion of the construction project) within a 50 air
mile radius of the normal work reporting location of
the driver. This paragraph does not apply to the
transportation of material found by the Secretary to be
hazardous under section 5103 in a quantity requiring
placarding under regulations issued to carry out such
section.
(5) Eligible unit of local government.--The term
`eligible unit of local government' means a city, town,
borough, county, parish, district, or other public body
created by or pursuant to State law which has a total
population of 3,000 individuals or less.
(6) Utility service vehicle.--The term `utility
service vehicle' means any commercial motor vehicle--
(A) used in the furtherance of repairing,
maintaining, or operating any structures or any
other physical facilities necessary for the
delivery of public utility services, including
the furnishing of electric, gas, water,
sanitary sewer, telephone, and television cable
or community antenna service;
(B) while engaged in any activity necessarily
related to the ultimate delivery of such public
utility services to consumers, including travel
or movement to, from, upon, or between activity
sites (including occasional travel or movement
outside the service area necessitated by any
utility emergency as determined by the utility
provider); and
(C) except for any occasional emergency use,
operated primarily within the service area of a
utility's subscribers or consumers, without
regard to whether the vehicle is owned, leased,
or rented by the utility.
(7) Agricultural commodity.--The term ``agricultural
commodity'' means any agricultural commodity, non-
processed food, feed, fiber, or livestock (including
livestock as defined in section 602 of the Emergency
Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471)
and insects).
(8) Farm supplies for agricultural purposes.--The
term ``farm supplies for agricultural purposes'' means
products directly related to the growing or harvesting
of agricultural commodities during the planting and
harvesting seasons within each State, as determined by
the State, and livestock feed at any time of the year.
Sec. 31150. Medical program
(a) Medical Review Board.--
(1) Establishment and function.--The Secretary of
Transportation shall establish a Medical Review Board
to provide the Federal Motor Carrier Safety
Administration with medical advice and recommendations
on driver qualification medical standards and
guidelines, medical examiner education, and medical
research.
(2) Composition.--The Medical Review Board shall be
appointed by the Secretary and shall consist of 5
members selected from medical institutions and private
practice. The membership shall reflect expertise in a
variety of specialties relevant to the functions of the
Federal Motor Carrier Safety Administration.
(b) Chief Medical Examiner.--The Secretary shall appoint a
chief medical examiner who shall be an employee of the Federal
Motor Carrier Safety Administration according to the SL
schedule.
(c) Medical Standards and Requirements.--
(1) In general.-- The Secretary, with the advice of
the Medical Review Board and the chief medical
examiner, shall--
(A) establish, review, and revise--
(i) medical standards for applicants
for and holders of commercial driver's
licenses that will ensure that the
physical condition of operators of
commercial motor vehicles is adequate
to enable them to operate the vehicles
safely;
(ii) requirements for periodic
physical examinations of such operators
performed by medical examiners who have
successfully completed training in
physical and medical examination
standards and are listed on a national
registry maintained by the Department
of Transportation; and
(B) issue certificates to such holders and
applicants that have been found, upon
examination, to be physically qualified to
operate a commercial motor vehicle and to meet
applicable medical standards unless the
authority to issue certificates has been
delegated to medical examiners under
subparagraph (d)(2) of this section;
(C) require each holder of a commercial
driver's license or learner's permit who
operates a commercial vehicle in interstate
commerce to have a current valid medical
certificate;
(D) conduct periodic reviews of a select
number of medical examiners on the national
registry to ensure that proper examinations of
applicants and holders are being conducted;
(E) develop, as appropriate, specific courses
and materials for medical examiners listed in
the national registry established under this
section, and require those medical examiners to
complete specific training, including refresher
courses, to be listed in the registry;
(F) require medical examiners to transmit the
name of the applicant and numerical identifier,
as determined by the Administrator, for any
completed medical examination report required
under section 391.43 of title 49, Code of
Federal Regulations, electronically to the
Chief Medical Examiner on monthly basis; and
(G) periodically review a representative
sample of the medical examination reports
associated with the name and numerical
identifiers of applicants transmitted under
subparagraph (F) for errors, omissions, or
other indications of improper certification.
(2) Monitoring performance.--The Secretary shall
investigate patterns of errors or improper
certification by a medical examiner. If the Secretary
finds that a medical examiner has issued a medical
certificate to an applicant or holder who fails to meet
the applicable standards at the time of the
examination, such a medical examiner may be removed
from the registry and the medical certificate of the
applicant or holder may be deemed void.
(d) National Registry of Medical Examiners.--The Secretary,
through the Federal Motor Carrier Safety Administration--
(1) shall establish and maintain a current national
registry of medical examiners who are qualified to
perform examinations and issue medical certificates;
(2) shall delegate to those examiners the authority
to issue such certificates upon successfully completing
the required training;
(3) shall remove from the registry the name of any
medical examiner that fails to meet or maintain the
qualifications established by the Secretary for being
listed in the registry or otherwise does not meet the
requirements of this section or regulation issued there
under; and
(4) shall accept as valid only medical certificates
issued by persons on the national registry of medical
examiners.
(e) Regulations.--The Secretary is authorized to promulgate
such regulations as may be necessary to carry out this section.
Sec. 31151. Commercial vehicle information systems and networks
(a) In General.--The Secretary shall carry out a commercial
vehicle information systems and networks program to--
(1) improve the safety and productivity of commercial
vehicles; and
(2) reduce costs associated with commercial vehicle
operations and Federal and State commercial vehicle
regulatory requirements.
(b) Purpose.--The program shall advance the technological
capability and promote the deployment of intelligent
transportation system applications for commercial vehicle
operations, including commercial vehicle, commercial driver,
and carrier-specific information systems and networks.
(c) Core Deployment Grants.--
(1) In general.--The Secretary shall make grants to
eligible States for the core deployment of commercial
vehicle information systems and networks.
(2) Eligibility.--To be eligible for a core
deployment grant under this section, a State--
(A) shall have a commercial vehicle
information systems and networks program plan
and a system design approved by the Secretary;
(B) shall certify to the Secretary that its
commercial vehicle information systems and
networks deployment activities, including
hardware procurement, software and system
development, and infrastructure modifications,
are consistent with the national intelligent
transportation systems and commercial vehicle
information systems and networks architectures
and available standards, and promote
interoperability and efficiency to the extent
practicable; and
(C) shall agree to execute interoperability
tests developed by the Federal Motor Carrier
Safety Administration to verify that its
systems conform with the national intelligent
transportation systems architecture, applicable
standards, and protocols for commercial vehicle
information systems and networks.
(3) Amount of grants.--The maximum aggregate amount a
State may receive under this section for the core
deployment of commercial vehicle information systems
and networks may not exceed $2,500,000.
(4) Use of funds.--Funds from a grant under this
subsection may only be used for the core deployment of
commercial vehicle information systems and networks.
Eligible States that have either completed the core
deployment of commercial vehicle information systems
and networks or completed such deployment before core
deployment grant funds are expended may use the
remaining core deployment grant funds for the expanded
deployment of commercial vehicle information systems
and networks in their State.
(d) Expanded Deployment Grants.--
(1) In general.--For each fiscal year, from the funds
remaining after the Secretary has made core deployment
grants under subsection (c) of this section, the
Secretary may make grants to each eligible State, upon
request, for the expanded deployment of commercial
vehicle information systems and networks.
(2) Eligibility.--Each State that has completed the
core deployment of commercial vehicle information
systems and networks is eligible for an expanded
deployment grant.
(3) Amount of grants.--Each fiscal year, the
Secretary may distribute funds available for expanded
deployment grants equally among the eligible States,
but not to exceed $1,000,000 per State.
(4) Use of funds.--A State may use funds from a grant
under this subsection only for the expanded deployment
of commercial vehicle information systems and networks.
(e) Federal Share.--The Federal share of the cost of a
project payable from funds made available to carry out this
section shall not exceed 50 percent. The total Federal share of
the cost of a project payable from all eligible sources shall
not exceed 80 percent.
(f) Availability of Funds.--Funds authorized to be
appropriated under section 103(b)(4) of the Motor Carrier
Safety Reauthorization Act of 2005 shall be available for
obligation in the same manner and to the same extent as if such
funds were apportioned under chapter 1 of title 23, United
States Code, except that such funds shall remain available
until expended.
(g) Definitions.--In this section:
(1) Commercial vehicle information systems and
networks.--The term ``commercial vehicle information
systems and networks'' means the information systems
and communications networks that provide the capability
to--
(A) improve the safety of commercial vehicle
operations;
(B) increase the efficiency of regulatory
inspection processes to reduce administrative
burdens by advancing technology to facilitate
inspections and increase the effectiveness of
enforcement efforts;
(C) advance electronic processing of
registration information, driver licensing
information, fuel tax information, inspection
and crash data, and other safety information;
(D) enhance the safe passage of commercial
vehicles across the United States and across
international borders; and
(E) promote the communication of information
among the States and encourage multistate
cooperation and corridor development.
(2) Commercial vehicle operations.--The term
``commercial vehicle operations''--
(A) means motor carrier operations and motor
vehicle regulatory activities associated with
the commercial movement of goods, including
hazardous materials, and passengers; and
(B) with respect to the public sector,
includes the issuance of operating credentials,
the administration of motor vehicle and fuel
taxes, and roadside safety and border crossing
inspection and regulatory compliance
operations.
(3) Core deployment.--The term ``core deployment''
means the deployment of systems in a State necessary to
provide the State with the following capabilities:
(A) Safety information exchange.--Safety
information exchange to--
(i) electronically collect and
transmit commercial vehicle and driver
inspection data at a majority of
inspection sites;
(ii) connect to the Safety and
Fitness Electronic Records system for
access to interstate carrier and
commercial vehicle data, summaries of
past safety performance, and commercial
vehicle credentials information; and
(iii) exchange carrier data and
commercial vehicle safety and
credentials information within the
State and connect to Safety and Fitness
Electronic Records for access to
interstate carrier and commercial
vehicle data.
(B) Interstate credentials administration.--
Interstate credentials administration to--
(i) perform end-to-end processing,
including carrier application,
jurisdiction application processing,
and credential issuance, of at least
the International Registration Plan and
International Fuel Tax Agreement
credentials and subsequently extend
this processing to other credentials,
including intrastate, titling,
oversize/overweight, carrier
registration, and hazardous materials;
(ii) connect to the International
Registration Plan and International
Fuel Tax Agreement clearinghouses; and
(iii) have at least 10 percent of the
transaction volume handled
electronically, and have the capability
to add more carriers and to extend to
branch offices where applicable.
(C) Roadside screening.--Roadside electronic
screening to electronically screen transponder-
equipped commercial vehicles at a minimum of 1
fixed or mobile inspection sites and to
replicate this screening at other sites.
(4) Expanded deployment.--The term ``expanded
deployment'' means the deployment of systems in a State
that exceed the requirements of an core deployment of
commercial vehicle information systems and networks,
improve safety and the productivity of commercial
vehicle operations, and enhance transportation
security.
Sec. 31152. Pre-employment safety screening
(a) In General.--The Secretary of Transportation shall
provide companies conducting pre-employment screening services
for the motor carrier industry electronic access to--
(1) commercial motor vehicle accident report
information contained in the Motor Carrier Management
Information System; and
(2) all driver safety violations contained in the
Motor Carrier Management Information System.
(b) Establishment.--Prior to making information available to
such companies under subsection (a), the Secretary shall--
(1) ensure that any information released is done in
accordance with the Fair Credit Reporting Act (15
U.S.C. 1681 et seq.) and all applicable Federal laws;
(2) require the driver applicant's written consent as
a condition of releasing the information;
(3) ensure that the information made available to
companies providing pre-employment screening services
is not released to any other unauthorized company or
individual, unless expressly authorized or required by
law; and
(4) provide a procedure for drivers to remedy
incorrect information in a timely manner.
(c) Design.--To be eligible to have access to information
under subsection (a), a company conducting pre-employment
screening services for the motor carrier industry shall utilize
a screening process--
(1) that is designed to assist the motor carrier
industry in assessing an individual driver's crash and
safety violation history as a pre-employment condition;
(2) the use of which is not mandatory; and
(3) which is used only during the pre-employment
assessment of a driver-applicant.
* * * * * * *
Subchapter IV--Miscellaneous
Sec. 31161. International cooperation
The Secretary is authorized to use funds appropriated under
section 31104(i) of this title to participate and cooperate in
international activities to enhance motor carrier, commercial
motor vehicle, driver, and highway safety by such means as
exchanging information, conducting research, and examining
needs, best practices, and new technology.''.
* * * * * * *
Sec. 31302. Commercial driver's license requirement
No individual shall operate a commercial motor vehicle
without a valid commercial driver's license issued in
accordance with section 31308. An individual operating a
commercial motor vehicle may have only one driver's license at
any [time.] license, and may have only 1 learner's permit at
any time.
Sec. 31308. Commercial driver's license
After consultation with the States, the Secretary of
Transportation shall prescribe regulations on minimum uniform
standards for the issuance of commercial drivers' licenses and
learners' permits by the States and for information to be
contained on each of the [licenses.] licenses and permits. The
standards shall require at a minimum that--
(1) an individual issued a commercial driver's
license pass written and driving tests for the
operation of a commercial motor vehicle that comply
with the minimum standards prescribed by the Secretary
under section 31305(a) of this title;
(2) before a commercial driver's license learner's
permit can be issued to an individual, the individual
must pass a written test on the operation of a
commercial motor vehicle that complies with the minimum
standards prescribed by the Secretary under section
31305(a) of this title;
[(2)] (3) the license or learner's permit be
tamperproof to the maximum extent practicable and each
license or learner's permit issued after January 1,
2001, include unique identifiers (which may include
biometric identifiers) to minimize fraud and
duplication; and
[(3)] (4) the license or learner's permit contain--
(A) the name and address of the individual
issued the license or learner's permit and a
physical description of the individual;
(B) the social security account number or
other number or information the Secretary
decides is appropriate to identify the
individual;
(C) the class or type of commercial motor
vehicle the individual is authorized to operate
under the license or learner's permit;
(D) the name of the State that issued the
license or learner's permit; and
(E) the dates between which the license or
learner's permit is valid.
Sec. 31309. Commercial driver's license information system
(a) General Requirement.--The Secretary of Transportation
shall maintain an information system that will serve as a
clearinghouse and depository of information about the
licensing, identification, and disqualification of operators of
commercial motor vehicles. The system shall be coordinated with
activities carried out under section 31106. [The Secretary]
Except as provided in subsection (e), the Secretary shall
consult with the States in carrying out this section.
(b) Contents.--(1) At a minimum, the information system under
this section shall include for each operator of a commercial
motor vehicle--
(A) information the Secretary considers appropriate
to ensure identification of the operator;
(B) the name, address, and physical description of
the operator;
(C) the social security account number of the
operator or other number or information the Secretary
considers appropriate to identify the operator;
(D) the name of the State that issued the license or
learner's permit to the operator;
(E) the dates between which the license or learner's
permit is valid; and
(F) whether the operator had a commercial motor
vehicle driver's license or learner's permit revoked,
suspended, or canceled by a State, lost the right to
operate a commercial motor vehicle in a State for any
period, or has been disqualified from operating a
commercial motor vehicle.
(2) The information system under this section must
accommodate any unique identifiers required to minimize fraud
or duplication of a commercial driver's license or learner's
permit under section 31308(2).
(c) Availability of Information.--Information in the
information system shall be made available and subject to
review and correction in accordance with the policy developed
under section 31106(e).
(d) Fee System.--The Secretary may establish a fee system for
using the information system. Fees collected under this
subsection in a fiscal year shall equal as nearly as possible
the costs of operating the information system in that fiscal
year. The Secretary shall deposit fees collected under this
subsection in the Highway Trust Fund (except the Mass Transit
Account).
(e) Information System Modernization Account.--
(1) Establishment.--The Secretary of Transportation
shall establish an account to be known as the
Information System Modernization Account.
(2) Credits.--Fees collected for any fiscal year
beginning after fiscal year 2006 under subsection (d)
by the Secretary of Transportation, or an organization
that represents the interests of the States, in excess
of the costs of operating the information system in
that fiscal year shall be and credited to the
Information System Modernization Account.
(3) Use of funds.--Amounts credited to the
Information System Modernization Account shall be
available exclusively for the purpose of modernizing
the information system under subsection (f).
(f) Modernization Plan.--
(1) In general.--The Secretary shall develop a
comprehensive plan for modernization of the information
system that--
(A) complies with applicable Federal
information technology security standards;
(B) provides for the electronic exchange of
all information including the posting of
convictions;
(C) contains self auditing features to ensure
that data is being posted correctly and
consistently by the States;
(D) integrates the commercial driver's
license and the medical certificate; and
(E) provides a schedule for modernization of
the system.
(2) Competitive contracting.--The Secretary may use
non-Federal entities selected by an open, merit-based,
competitive process to develop and implement the
modernization plan.
(3) State participation.--
(A) Deadline.--The Secretary shall establish
a date by which each State must convert to the
new information system.
(B) Funding.--A State may use funds made
available under section 31318 of this title to
develop or modify its system to be compatible
with the modernized information system
developed by the Secretary under this
subsection.
Sec. 31310. Disqualifications
(a) Blood Alcohol Concentration Level.--In this section, the
blood alcohol concentration level at or above which an
individual when operating a commercial motor vehicle is deemed
to be driving under the influence of alcohol is .04 percent.
(b) First Violation or Committing Felony.--(1) Except as
provided in paragraph (2) of this subsection and subsection (c)
of this section, the Secretary of Transportation shall
disqualify from operating a commercial motor vehicle for at
least one year an individual--
(A) committing a first violation of driving a
commercial motor vehicle under the influence of alcohol
or a controlled substance;
(B) committing a first violation of leaving the scene
of an accident involving a commercial motor vehicle
operated by the individual;
(C) using a commercial motor vehicle in committing a
felony (except a felony described in subsection (d) of
this section);
(D) committing a first violation of driving a
commercial motor vehicle when the individual's
commercial driver's license is revoked, suspended, or
canceled based on the individual's operation of a
commercial motor vehicle or when the individual is
disqualified from operating a commercial motor vehicle
based on the individual's operation of a commercial
motor vehicle; or
(E) convicted of causing a fatality through negligent
or criminal operation of a commercial motor vehicle.
(2) If the vehicle involved in a violation referred to in
paragraph (1) of this subsection is transporting hazardous
material required to be placarded under section 5103 of this
title, the Secretary shall disqualify the individual for at
least 3 years.
(c) Second and Multiple Violations.--(1) Subject to paragraph
(2) of this subsection, the Secretary shall disqualify from
operating a commercial motor vehicle for life an individual--
(A) committing more than one violation of driving a
commercial motor vehicle under the influence of alcohol
or a controlled substance;
(B) committing more than one violation of leaving the
scene of an accident involving a commercial motor
vehicle operated by the individual;
(C) using a commercial motor vehicle in committing
more than one felony arising out of different criminal
episodes;
(D) committing more than one violation of driving a
commercial motor vehicle when the individual's
commercial driver's license is revoked, suspended, or
canceled based on the individual's operation of a
commercial motor vehicle or when the individual is
disqualified from operating a commercial motor vehicle
based on the individual's operation of a commercial
motor vehicle;
(E) convicted of more than one offense of causing a
fatality through negligent or criminal operation of a
commercial motor vehicle; or
(F) committing any combination of single violations
or use described in subparagraphs (A) through (E).
(2) The Secretary may prescribe regulations establishing
guidelines (including conditions) under which a
disqualification for life under paragraph (1) of this
subsection may be reduced to a period of not less than 10
years.
(d) Controlled Substance Violations.--The Secretary shall
disqualify from operating a commercial motor vehicle for life
an individual who uses a commercial motor vehicle in committing
a felony involving manufacturing, distributing, or dispensing a
controlled substance, or possession with intent to manufacture,
distribute, or dispense a controlled substance.
(e) Serious Traffic Violations.--(1) The Secretary shall
disqualify from operating a commercial motor vehicle for at
least 60 days an individual who, in a 3-year period, commits 2
serious traffic violations involving a commercial motor vehicle
operated by the individual.
(2) The Secretary shall disqualify from operating a
commercial motor vehicle for at least 120 days an individual
who, in a 3-year period, commits 3 serious traffic violations
involving a commercial motor vehicle operated by the
individual.
(f) Emergency Disqualification.--
(1) Limited duration.--The Secretary shall disqualify
an individual from operating a commercial motor vehicle
for not to exceed 30 days if the Secretary determines
that allowing the individual to continue to operate a
commercial motor vehicle would create an imminent
hazard (as such term is defined in section 5102).
(2) After notice and hearing.--The Secretary shall
disqualify an individual from operating a commercial
motor vehicle for more than 30 days if the Secretary
determines, after notice and an opportunity for a
hearing, that allowing the individual to continue to
operate a commercial motor vehicle would create an
imminent hazard (as such term is defined in section
5102).
(g) Noncommercial Motor Vehicle Convictions.--
(1) Issuance of regulations.--Not later than 1 year
after the date of the enactment of this Act, the
Secretary shall issue regulations providing for the
disqualification by the Secretary from operating a
commercial motor vehicle of an individual who holds a
commercial driver's license and who has been convicted
of--
(A) a serious offense involving a motor
vehicle (other than a commercial motor vehicle)
that has resulted in the revocation,
cancellation, or suspension of the individual's
license; or
(B) a drug or alcohol related offense
involving a motor vehicle (other than a
commercial motor vehicle).
(2) Requirements for regulations.--Regulations issued
under paragraph (1) shall establish the minimum periods
for which the disqualifications shall be in effect, but
in no case shall the time periods for disqualification
for noncommercial motor vehicle violations be more
stringent than those for offenses or violations
involving a commercial motor vehicle. The Secretary
shall determine such periods based on the seriousness
of the offenses on which the convictions are based.
(h) State Disqualification.--Notwithstanding subsections (b)
through (g) of this section, the Secretary does not have to
disqualify an individual from operating a commercial motor
vehicle if the State that issued the individual a license
authorizing the operation has disqualified the individual from
operating a commercial motor vehicle under subsections (b)
through (g). Revocation, suspension, or cancellation of the
license is deemed to be disqualification under this subsection.
(i) Out-of-Service Orders.--(1)(A) To enforce section 392.5
of title 49, Code of Federal Regulations, the Secretary shall
prescribe regulations establishing and enforcing an out-of-
service period of 24 hours for an individual who violates
section 392.5. An individual may not violate an out-of-service
order issued under those regulations.
(B) The Secretary shall prescribe regulations establishing
and enforcing requirements for reporting out-of-service orders
issued under regulations prescribed under subparagraph (A) of
this paragraph. Regulations prescribed under this subparagraph
shall require at least that an operator of a commercial motor
vehicle who is issued an out-of-service order to report the
issuance to the individual's employer and to the State that
issued the operator a driver's license.
[(2) Not later than December 18, 1992, the Secretary shall
prescribe regulations establishing sanctions and penalties
related to violations of out-of-service orders by individuals
operating commercial motor vehicles. The regulations shall
require at least that--
[(A) an operator of a commercial motor vehicle found
to have committed a first violation of an out-of-
service order shall be disqualified from operating such
a vehicle for at least 90 days and liable for a civil
penalty of at least $1,000;
[(B) an operator of a commercial motor vehicle found
to have committed a 2d violation of an out-of-service
order shall be disqualified from operating such a
vehicle for at least one year and not more than 5 years
and liable for a civil penalty of at least $1,000; and
[(C) an employer that knowingly allows or requires an
employee to operate a commercial motor vehicle in
violation of an out-of-service order shall be liable
for a civil penalty of not more than $10,000.]
(2) The Secretary shall prescribe regulations
establishing sanctions and penalties related to
violations of out-of-service orders by individuals
operating commercial motor vehicles. The regulations
shall require at least that--
(A) an operator of a commercial motor vehicle
found to have committed a first violation of an
out-of-service order shall be disqualified from
operating such a vehicle for at least 180 days
and liable for a civil penalty of at least
$2,500;
(B) an operator of a commercial motor vehicle
found to have committed a second violation of
an out-of-service order shall be disqualified
from operating such a vehicle for at least 2
years and not more than 5 years and liable for
a civil penalty of at least $5,000;
(C) an employer that knowingly allows or
requires an employee to operate a commercial
motor vehicle in violation of an out-of-service
order shall be liable for a civil penalty of
not more than $25,000; and
(D) an employer that knowingly and willfully
allows or requires an employee to operate a
commercial motor vehicle in violation of an
out-of-service order shall, upon conviction, be
subject for each offense to imprisonment for a
term not to exceed 1 year or a fine under title
18, United States Code, or both.
(j) Grade-Crossing Violations.--
(1) Sanctions.--The Secretary shall issue regulations
establishing sanctions and penalties relating to
violations, by persons operating commercial motor
vehicles, of laws and regulations pertaining to
railroad-highway grade crossings.
(2) Minimum requirements.--The regulations issued
under paragraph (1) shall, at a minimum, require that--
(A) the penalty for a single violation is not
less than a 60-day disqualification of the
driver's commercial driver's license; and
(B) any employer that knowingly allows,
permits, authorizes, or requires an employee to
operate a commercial motor vehicle in violation
of such a law or regulation shall be subject to
a civil penalty of not more than $10,000.
Sec. 31314. Withholding amounts for State noncompliance
(a) First Fiscal Year.--The Secretary of Transportation shall
withhold 5 percent of the amount required to be apportioned to
a State under section 104(b)(1), (3), and (4) of title 23 on
the first day of the fiscal year after the first fiscal year
beginning after September 30, 1992, throughout which the State
does not comply substantially with a requirement of section
31311(a) of this title.
(b) Second Fiscal Year.--The Secretary shall withhold 10
percent of the amount required to be apportioned to a State
under section 104(b)(1), (3), and (4) of title 23 on the first
day of each fiscal year after the 2d fiscal year beginning
after September 30, 1992, throughout which the State does not
comply substantially with a requirement of section 31311(a) of
this title.
(c) Availability for Apportionment.--Amounts withheld under
this section from apportionment to a State after September 30,
1995, are not available for apportionment to the State.
* * * * * * *
Sec. 31318. Grants for commercial driver's license program improvements
(a) General Authority.--From the funds authorized by section
103(b)(3) of the Motor Carrier Safety Reauthorization Act of
2005, the Secretary may make a grant to a State, except as
otherwise provided in subsection (e), in a fiscal year to
improve its implementation of the commercial driver's license
program, providing the State is making a good faith effort
toward substantial compliance with the requirements of section
31311 and this section. The Secretary shall establish criteria
for the distribution of grants and notify the States annually
of such criteria.
(b) Conditions.--Except as otherwise provided in subsection
(e), a State may use a grant under this section only for
expenses related to its commercial driver's license program,
including, but not limited to, computer hardware and software,
publications, testing, personnel, training, and quality
control. The grant may not be used to rent, lease, or buy land
or buildings. The Secretary shall give priority to grants that
will be used to achieve compliance with the requirements of the
Motor Carrier Safety Improvement Act of 1999. The Secretary may
allocate the funds appropriated for such grants in a fiscal
year among the eligible States whose applications for grants
have been approved, under criteria established by the
Secretary.
(c) Maintenance of Expenditures.--Except as otherwise
provided in subsection (e), the Secretary may make a grant to a
State under this section only if the State agrees that the
total expenditure of amounts of the State and political
subdivisions of the State, exclusive of United States
Government amounts, for the operation of the commercial
driver's license program will be maintained at a level at least
equal to the average level of that expenditure by the State and
political subdivisions of the State for the last 2 fiscal years
before October 1, 2005.
(d) Government Share.--Except as otherwise provided in
subsection (e), the Secretary shall reimburse a State, from a
grant made under this section, an amount that is not more than
80 percent of the costs incurred by the State in a fiscal year
in implementing the commercial driver's license improvements
described in subsection (b). In determining those costs, the
Secretary shall include in-kind contributions by the State.
(e) High-Priority Activities.--
(1) The Secretary may make a grant to a State agency,
local government, or organization representing
government agencies or officials for the full cost of
research, development, demonstration projects, public
education, or other special activities and projects
relating to commercial driver licensing and motor
vehicle safety that are of benefit to all jurisdictions
or designed to address national safety concerns and
circumstances.
(2) The Secretary may designate up to 10 percent of
the amounts made available under section 103(b)(3) of
the Motor Carrier Safety Reauthorization Act of 2005 in
a fiscal year for high-priority activities under
subsection (e)(1).
(f) Emerging Issues.--The Secretary may designate up to 10
percent of the amounts made available under section 103(b)(3)
of the Motor Carrier Safety Reauthorization Act of 2005 in a
fiscal year for allocation to a State agency, local government,
or other person at the discretion of the Secretary to address
emerging issues relating to commercial driver's license
improvements.
(g) Apportionment.--Except as otherwise provided in
subsections (e) and (f), all amounts available in a fiscal year
to carry out this section shall be apportioned to States
according to a formula prescribed by the Secretary.
(h) Deduction for Administrative Expenses.--On October 1 of
each fiscal year or as soon after that date as practicable, the
Secretary may deduct, from amounts made available under section
103(b)(3) of the Motor Carrier Safety Reauthorization Act of
2005 for that fiscal year, up to 0.75 percent of those amounts
for administrative expenses incurred in carrying out this
section in that fiscal year.
Sec. 46312. Transporting hazardous material
(a) In General.--A person shall be fined under title 18,
imprisoned for not more than 5 years, or both, if the person,
in violation of a regulation or requirement related to the
transportation of hazardous material prescribed by the
Secretary of Transportation under this [part--] part or chapter
51 of this title--
(1) willfully delivers, or causes to be delivered,
property containing hazardous material to an air
carrier or to an operator of a civil aircraft for
transportation in air commerce; or
(2) recklessly causes the transportation in air
commerce of the property.
(b) Knowledge of Regulations.--For purposes of subsection
(a), knowledge by the person of the existence of a regulation
or requirement related to the transportation of hazardous
material prescribed by the Secretary under this part or chapter
51 of this title is not an element of an offense under this
section but shall be considered in mitigation of the penalty.