TITLE IV-MOTOR CARRIER SAFETY
SEC. 4001. AUTHORIZATION OF APPROPRIATIONS. [Analysis]
(a) ADMINISTRATIVE EXPENSES. - Section 31104 of title 49, United States Code, is amended by adding the following at the end:
"(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) $224,406,000 for fiscal year 2004;
"(B) $228,000,000 for fiscal year 2005;
"(C) $233,000,000 for fiscal year 2006;
"(D) $239,000,000 for fiscal year 2007;
"(E) $244,000,000 for fiscal year 2008; and
"(F) $250,000,000 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 (PRISM), a study of driver availability and retention, and outreach and education; other operating expenses and similar matters; and such other expenses as may from time to time become necessary to implement statutory mandates not funded from other sources.
"(3) The amounts made available under this section shall remain available until expended.
"(4) Authorizations from the Highway Trust Fund (other than the Mass Transit Account) to carry out subtitle IV, Part B, and subtitle VI, Part B, of this title, or the provisions of subtitle IV of the "Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003", shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.".
(b) AMENDMENT TO TITLE 23--Section 104(a)(1) of title 23, United States Code, is amended by--
(1) deleting subparagraph (B);
(2) deleting the designation "(A)" at the beginning of subparagraph (A) and redesignating subparagraphs (A)(i) and (ii) as subparagraphs (A) and (B), respectively; and
(3) deleting "; and" at the end of subparagraph (B), as so redesignated, and inserting a period.
(c) GRANT PROGRAMS.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the following Federal Motor Carrier Safety Administration programs--
(1) Commercial driver's license/driver improvement program grants under section 4002(c) -
(A) $22,000,000 for fiscal year 2004;
(B) $22,000,000 for fiscal year 2005;
(C) $23,000,000 for fiscal year 2006;
(D) $23,000,000 for fiscal year 2007;
(E) $24,000,000 for fiscal year 2008; and
(F) $25,000,000 for fiscal year 2009.
(2) Border enforcement grants under section 4002(b)-
(A) $ 32,000,000 for fiscal year 2004;
(B) $ 33,000,000 for fiscal year 2005;
(C) $ 33,000,000 for fiscal year 2006;
(D) $ 34,000,000 for fiscal year 2007;
(E) $ 35,000,000 for fiscal year 2008; and
(F) $ 36,000,000 for fiscal year 2009.
(3) Performance and registration information system management (PRISM) grant program under section 4016 -
(A) $4,000,000 for fiscal year 2004;
(B) $4,000,000 for fiscal year 2005;
(C) $4,000,000 for fiscal year 2006;
(D) $4,000,000 for fiscal year 2007;
(E) $4,000,000 for fiscal year 2008; and
(F) $4,000,000 for fiscal year 2009.
(d) PERIOD OF AVAILABILITY. - The amounts made available under subsection (c) of this section shall remain available until expended.
(e) CONTRACT AUTHORITY. - Authorizations from the Highway Trust Fund (other than the Mass Transit Account) to carry out subsection (c) of this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first. Approval by the Secretary of a grant with funds made available under subsection (c) of 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. 4002. MOTOR CARRIER SAFETY GRANTS. [Analysis]
(a) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM--
(1) Section 31102 of title 49, United States Code, is amended -
(A) in subsection (b)(1), by amending paragraph (A) to read as follows:
"(A) implements performance-based activities.";
(B) in subsection (b)(1), by deleting "and" at the end of paragraph (S), replacing the period at the end of paragraph (T) with a semicolon, and adding new paragraphs (U) and (V), to read as follows:
"(U) 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
"(V) provides that the State will enforce the registration requirements of 49 U.S.C. 13902 by placing out of service any vehicle discovered to be operating without registration or beyond the scope of its registration."; and
(C) by revising subsection (c) to read as follows:
"(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.
"(B) Detection of the unlawful presence of a controlled substance (as defined under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)) in a commercial motor vehicle or on the person of any occupant (including the operator) of the vehicle.
"(2) Documented enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles, including documented enforcement of such laws and regulations against non-commercial motor vehicles when necessary to promote the safe operation of commercial motor vehicles.".
(2) Section 31103(b) of title 49, United States Code, is amended to read as follows:
"(b) OTHER ACTIVITIES.-(1) From the amounts designated under section 31104(f)(2), the Secretary may make a grant to a State agency, local government, or other person for the full cost of research, development, demonstration projects, public education, and other special activities and projects relating to commercial motor vehicle safety that are of benefit to all jurisdictions or designed to address national safety concerns and circumstances.
"(2) From the amounts designated under section 31104(f)(3), the Secretary may allocate safety performance incentive funds to States without requiring a matching contribution from such States.
"(3) 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. However, 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 directly to conduct audits in those jurisdictions.".
(3) Section 31104(a) of title 49, United States Code, is amended to read as follows:
"(a) In general. - There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out section 31102:
"(1) Not more than $164,594,000 for fiscal year 2004.
"(2) Not more than $168,000,000 for fiscal year 2005.
"(3) Not more than $172,000,000 for fiscal year 2006.
"(4) Not more than $176,000,000 for fiscal year 2007.
"(5) Not more than $180,000,000 for fiscal year 2008.
"(6) Not more than $184,000,000 for fiscal year 2009.".
(4) Section 31104(f) is amended by revising paragraph (2) and adding new paragraphs (3) and (4), to read as follows:
"(2) HIGH-PRIORITY ACTIVITIES. - The Secretary may designate up to 10 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 paragraph 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. Allocations under this paragraph do not require a matching contribution from a State, local government, or other person.
"(3) SAFETY PERFORMANCE INCENTIVE PROGRAMS. - The Secretary may designate up to 10 percent of the amounts available for allocation under paragraph (1) for safety performance incentive programs for States. The Secretary shall establish safety performance criteria to be used to distribute incentive program funds. Such criteria shall include, at a minimum, reduction in the number and rate of fatal accidents involving commercial motor vehicles. Allocations under this paragraph do not require a matching contribution from a State.
"(4) NEW ENTRANT AUDITS. - The Secretary may designate up to $17,000,000 of the amounts available for allocation under paragraph (1) for audits of new entrant motor carriers conducted pursuant to section 210 of the Motor Carrier Safety Improvement Act of 1999, 113 Stat. 1764. Allocations under this paragraph do not require a matching contribution from a State or local government.".
(b) GRANTS TO STATES FOR BORDER ENFORCEMENT.--Chapter 311 of title 49, United States Code, is amended by revising section 31107 to read as follows:
"§ 31107. Border enforcement grants
"(a) GENERAL AUTHORITY. - From the funds authorized by sections 4001(c)(2) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003, the Secretary may make a grant in a fiscal year to a State, except as otherwise provided in subsection (c), 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. - Except as otherwise provided in subsection (c), 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 two State or Federal fiscal years before October 1, 2003.
"(c) GOVERNMENT SHARE.-The Secretary may make a grant to a State agency, local government, or other person for the full cost of research, development, demonstration projects, public education, and other special activities and projects relating to cross-border operations of commercial motor vehicles that are beneficial to all jurisdictions or designed to address national safety concerns and circumstances.
"(d) AVAILABILITY OF AMOUNTS. - Amounts made available to a State under section 4001(c)(2) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 to carry out this section shall remain available until expended.
"(e) GRANTS AS CONTRACTUAL OBLIGATIONS. - Approval by the Secretary of a grant with funds made available under section 4001(c)(2) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 imposes upon the United States Government contractual obligation for payment of the amount of the grant.".
(c) GRANTS TO STATES FOR COMMERCIAL DRIVER'S LICENSE IMPROVEMENTS. - Chapter 313 of title 49, United States Code, is amended by adding new section 31318 at the end, to read as follows:
"§ 31318. Grants for commercial driver's license program improvements
"(a) GENERAL AUTHORITY. - From the funds authorized by section 4001(c)(1) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003, the Secretary may make a grant to a State, except as otherwise provided in subsection (e), in a fiscal year to improve its implementation of the commercial driver's license program, providing the State is in substantial compliance with the requirements of section 31311 and this section. The Secretary shall establish criteria for the distribution of grants and notify the States annually of such criteria.
"(b) CONDITIONS. - Except as otherwise provided in subsection (e), a State may use a grant under this section only for expenses directly related to its commercial driver's license program, including, but not limited to, computer hardware and software, publications, testing, personnel, training, and quality control. The grant may not be used to rent, lease, or buy land or buildings. The Secretary 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 that best serve the purposes of this section.
"(c) MAINTENANCE OF EXPENDITURES. - Except as otherwise provided in subsection (e), the Secretary may make a grant to a State under this section only if the State agrees that the total expenditure of amounts of the State and political subdivisions of the State, exclusive of United States Government amounts, for the operation of the commercial driver's license program will be maintained at a level at least equal to the average level of that expenditure by the State and political subdivisions of the State for the last 2 fiscal years before October 1, 2003
"(d) GOVERNMENT SHARE. - Except as otherwise provided in subsection (e), the Secretary shall reimburse a State, from a grant made under this section, an amount that is not more than 80 percent of the costs incurred by the State in a fiscal year in implementing the commercial driver's license improvements described in subsection (b). In determining those costs, the Secretary shall include in-kind contributions by the State. Amounts of the State required to be expended under subsection (c) may not be included as part of the share not provided by the United States Government.
"(e) HIGH-PRIORITY ACTIVITIES.--(1) The Secretary may make a grant to a State agency, local government, or other person 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 4001(c)(1) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 in a fiscal year for high-priority activities under subsection (e)(1).
"(f) EMERGING ISSUES.--The Secretary may designate up to 25 percent of the amounts made available under section 4001(c)(1) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 in a fiscal year for allocation to a State agency, local government, or other person at the discretion of the Secretary to address emerging issues relating to commercial driver's license improvements.
"(g) GOVERNMENT SHARE.--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 4001(c)(1) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 for that fiscal year, up to 1.25 percent of those amounts for administrative expenses incurred in carrying out this section in that fiscal year.
"(i) AVAILABILITY OF AMOUNTS. - Amounts made available to a State under section 4001(c)(1) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 to carry out this section shall remain available until expended.
"(j) GRANTS AS CONTRACTUAL OBLIGATIONS. - Approval by the Secretary of a grant with funds made available under section 4001(c)(1) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 imposes upon the United States Government a contractual obligation for payment of the amount of the grant.".
(d) NONCOMPLIANCE WITH CDL REQUIREMENTS.-Subsections (a) and (b) of section 31314 of title 49, United States Code, are amended to read as follows:
"(a) FIRST FISCAL YEAR. - The Secretary of Transportation shall withhold up to 5 percent of the amount required to be apportioned to a State under section 104(b)(1), (3), and (4) of title 23 on the first day of the fiscal year after the first fiscal year beginning after September 30, 1992, throughout which the State does not comply substantially with a requirement of section 31311(a) of this title.
"(b) SECOND FISCAL YEAR. - The Secretary shall withhold up to 10 percent of the amount required to be apportioned to a State under section 104(b)(1), (3), and (4) of title 23 on the first day of each fiscal year after the 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.".
(e) CONFORMING AMENDMENTS.--(1) The table of sections at the beginning of chapter 311 of title 49, United States Code, is amended by--
(A) revising the heading of Subchapter I to read as follows:
"SUBCHAPTER I -- GENERAL AUTHORITY AND STATE GRANTS"; and
(B) revising the item relating to section 31107 to read as follows:
"31107. Border enforcement grants.".
(2) Chapter 311 of title 49, United States Code, is amended following the table of sections by striking--
"SUBCHAPTER I-- STATE GRANTS"
and substituting--
"SUBCHAPTER I -- GENERAL AUTHORITY AND STATE GRANTS";-.
(3) The table of sections at the beginning of chapter 313 of title 49, United States Code, is amended after the item relating to section 31317 by adding the following:
"31318. Grants for commercial driver's license program improvements.".
SEC. 4003. HOBBS ACT. [Analysis]
(a) Section 2342(3)(A) of title 28, United States Code, is amended to read as follows:
"(A) the Secretary of Transportation issued pursuant to section 2, 9, 37, or 41 of the Shipping Act, 1916 (46 U.S.C. App. 802, 803, 808, 835, 839, and 841a) or pursuant to Part B or C of subtitle IV of title 49 [49 U.S.C. chapters 131-161] or pursuant to subchapter III of chapter 311, chapter 313, and chapter 315 of Part B of subtitle VI of title 49; and".
(b) Section 351(a) of title 49, United States Code, is amended to read as follows:
"(a) JUDICIAL REVIEW.-An action of the Secretary of Transportation in carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89-670, 80 Stat. 931), or an action of the Administrator of the Federal Railroad Administration, Federal Motor Carrier Safety Administration, or the Federal Aviation Administration in carrying out a duty or power specifically assigned to the Administrator by that Act, may be reviewed judicially to the same extent and in the same way as if the action had been an action by the department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the transfer or assignment.".
(c) Section 352 of title 49, United States Code, is amended to read as follows:
"§ 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. 4004. PENALTY FOR DENIAL OF ACCESS TO RECORDS. [Analysis]
Section 521(b)(2) of title 49, United States Code, is amended by adding new subparagraph (E) at the end, to read as follows:
"(E) COPYING OF RECORDS AND ACCESS TO EQUIPMENT, LANDS, AND BUILDINGS.-A person subject to chapter 51 of subtitle III, Part B of Subtitle IV, or Part B of Subtitle VI of this title who fails to allow the Secretary, or an employee designated by the Secretary, promptly upon demand to inspect and copy any record or inspect and examine equipment, lands, buildings and other property in accordance with sections 504(c), 5121(c), and 14122(b) of this title shall be liable to the United States for a civil penalty not to exceed $500 for each offense, and each day the Secretary is denied the right to inspect and copy any record or inspect and examine equipment, lands, buildings and other property shall constitute a separate offense, except that the total of all civil penalties against any violator for all offenses related to a single violation shall not exceed $5,000. It shall be a defense to such penalty that the records did not exist at the time of the Secretary's request or could not be timely produced without unreasonable expense or effort. Nothing herein amends or supersedes any remedy available to the Secretary under sections 502(d), 507(c), or other provision of this title.".
SEC. 4005. MEDICAL REVIEW BOARD AND MEDICAL EXAMINERS. [Analysis]
(a) MEDICAL REVIEW BOARD. -
(1) ESTABLISHMENT AND FUNCTION. - The Federal Motor Carrier Safety Administrator shall establish a Medical Review Board as an advisory committee to provide the Federal Motor Carrier Safety Administration with medical advice and recommendations on driver qualification medical standards and guidelines, medical examiner education, and medical research.
(2) COMPOSITION. - The Medical Review Board shall be appointed by the Secretary and shall consist of 5 members selected from medical institutions and private practice. The membership shall reflect expertise in a variety of specialties relevant to the functions of the Federal Motor Carrier Safety Administration.
(3) TERMINATION DATE. - The Medical Review Board shall remain in effect until September 30, 2009.
(b) MEDICAL EXAMINERS.--Section 31136(a)(3) of title 49, United States Code, is amended to read as follows:
"(3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely, and the periodic physical examinations required of such operators are performed by medical examiners who have received training in physical and medical examination standards and are listed on a national registry maintained by the Department of Transportation;".
SEC. 4006. ENFORCEMENT OF HOUSEHOLD GOODS REGULATIONS. [Analysis]
(a) DISPUTE SETTLEMENT PROGRAM FOR HOUSEHOLD GOODS CARRIERS.--
(1) Section 14708(a) of title 49, United States Code, is amended to read as follows:
"(a) SHIPPER ARBITRATION. - (1) 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. However, the carrier may not require the shipper to agree to use arbitration prior to the time that a dispute arises.
"(2) If the dispute involves a claim for $5,000 or less and the shipper requests arbitration, such arbitration shall be binding on the parties. If the dispute involves a claim for more than $5,000 and the shipper requests arbitration, such arbitration shall be binding on the parties only if the carrier agrees to arbitration.".
(2) Subsection (b)(6) of section 14708 is deleted, and subsections (b)(7) and (b)(8) are redesignated as subsections (b)(6) and (b)(7), respectively.
(b)(1) Chapter 147 of title 49, United States Code, is amended by adding new section 14710 at the end, to read as follows:
"§ 14710. Enforcement by State attorneys general
"(a) IN GENERAL.-A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce this part, or a regulation or order of the Secretary or Board, as applicable, or to impose the civil penalties authorized by this part or such regulation or order, whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by (1) a carrier or broker providing transportation subject to jurisdiction under subchapter I or III of chapter 135 of this title, or (2) a foreign motor carrier providing transportation registered under section 13902 of this title, that is engaged in household goods transportation that violates this part or a regulation or order of the Secretary or Board, as applicable.
"(b) NOTICE.-The State shall serve prior written notice of any civil action under subsection (a) or (e)(2) upon the Secretary or Board, as applicable, and provide the Secretary or Board with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Secretary or Board shall have the right--
"(1) to intervene in such action;
"(2) upon so intervening, to be heard on all matters arising therein; and
"(3) to file petitions for appeal.
"(c) CONSTRUCTION.-For purposes of bringing any civil action under subsection (a), nothing in this Act shall prevent an attorney general 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.
"(d) VENUE; SERVICE OF PROCESS. - In a civil action brought under subsection (a) of this section,
"(1) trial is in the 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 or service under this part when the violation occurred; or
"(C) the offender is found;
"(2) process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and
"(3) a person participating with a carrier or broker in a violation may be joined in the civil action without regard to the residence of the person.
"(e) ACTIONS BY OTHER STATE OFFICIALS. -
"(1) Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any criminal statute of such State.
"(2) In addition to actions brought by an attorney general of a State under subsection (a), such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents.".
(2) CONFORMING AMENDMENT.--The table of sections at the beginning of chapter 147 of title 49, United States Code, is amended by inserting after the item relating to section 14709 the following:
"14710. Enforcement by State attorneys general.".
SEC. 4007. REGISTRATION OF COMMERCIAL MOTOR CARRIERS, FREIGHT FORWARDERS, AND BROKERS. [Analysis]
(a) Sections 13102(6), (7), (12) and (13) of title 49, United States Code, are amended to read as follows:
"(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 commercial motor vehicle, as defined in section 31132(1) of this title, 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 commercial motor vehicle, as defined in section 31132(1) of this title, 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))."
* * * * *
"(12) MOTOR CARRIER. - The term 'motor carrier' means a person providing transportation for compensation by commercial motor vehicle, as defined in section 31132(1) of this title.
"(13) MOTOR PRIVATE CARRIER. - The term 'motor private carrier' means a person, other than a motor carrier, transporting property by commercial motor vehicle, as defined in section 31132(1) of this title, 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.".
(b) Section 13903(a) of title 49, United States Code, is amended to read as follows:
"(a) IN GENERAL.--(1) The Secretary of Transportation shall register a person to provide service subject to jurisdiction under subchapter III of chapter 135 as a freight forwarder of household goods if the Secretary finds that the person is fit, willing, and able to provide the service and to comply with this part and applicable regulations of the Secretary and the Board.
"(2) The Secretary may register a person to provide service subject to jurisdiction under subchapter III of chapter 135 as a freight forwarder if the Secretary finds that such registration is needed for the protection of shippers and that the person is fit, willing, and able to provide the service and to comply with this part and applicable regulations of the Secretary and Board.".
(c) Section 13904(a) of title 49, United States Code, is amended to read as follows:
"(a) IN GENERAL.-- (1) The Secretary of Transportation shall register, subject to section 13906(b), a person to be a broker for transportation of household goods subject to jurisdiction under subchapter I of chapter 135, if the Secretary finds that the person is fit, willing, and able to be a broker for transportation of household goods and to comply with this part and applicable regulations of the Secretary.
"(2) The Secretary may register, subject to section 13906(b), a person to be a broker for transportation of other property subject to jurisdiction under subchapter I of chapter 135, if the Secretary finds that such registration is needed for the protection of shippers and that the person is fit, willing, and able to be a broker for transportation and to comply with this part and applicable regulations of the Secretary.".
SEC. 4008. FINANCIAL RESPONSIBILITY FOR PRIVATE MOTOR CARRIERS. [Analysis]
(a)(1) Section 31138(a) of title 49, United States Code, is amended to read as follows:
"(a) GENERAL REQUIREMENT.-The Secretary of Transportation shall prescribe regulations to require minimum levels of financial responsibility sufficient to satisfy liability amounts established by the Secretary covering public liability and property damage for the transportation of passengers by motor vehicle in the United States between a place in a State and--
"(1) a place in another State;
"(2) another place in the same State through a place outside of that State; or
"(3) a place outside the United States.".
(2) Section 31138(c) of title 49, United States Code, is amended by adding paragraph (4) at the end, to read as follows:
"(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 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 person for bodily injury to, or death of, an individual resulting from the negligent operation, maintenance, or use of motor vehicles, or for loss or damage to property, or both.".
(b)(1) Section 31139(b)(1) of title 49, United States Code, is amended to read as follows:
"(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) Subsections (c) through (g) of section 31139 of title 49, United States Code, are redesignated as subsections (d) through (h), and new subsection (c) is inserted after subsection (b), to read as follows:
"(c) FILING OF EVIDENCE OF FINANCIAL RESPONSIBILITY.-The Secretary may require a motor private carrier, as defined in section 13102 of this title, to file with the Secretary the evidence of financial responsibility specified in subsection (b) of this section in an amount not less than that required by this section, and the laws of the State or States in which the motor private carrier is operating, to the extent applicable. The amount of the financial responsibility must be sufficient to pay, not more than the amount of the financial responsibility, for each final judgment against the motor private carrier for bodily injury to, or death of, an individual resulting from negligent operation, maintenance, or use of motor vehicles, or for loss or damage to property, or both.".
SEC. 4009. INCREASED PENALTIES FOR OUT-OF-SERVICE VIOLATIONS AND FALSE RECORDS. [Analysis]
(a) Section 521(b)(2)(B) of title 49, United States Code, is amended to read as follows:
"(B) RECORDKEEPING AND REPORTING VIOLATIONS.-A person required to make a report to the Secretary, answer a question, or make, prepare, or preserve a record under section 504 of this title or under any regulation issued by the Secretary pursuant to subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title about transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, or an officer, agent, or employee of that person-
"(i) who does not make that report, does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary requires the question to be answered, or does not make, prepare, or preserve that record in the form and manner prescribed by the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each offense, and each day of the violation shall constitute a separate offense, except that the total of all civil penalties assessed against any violator for all offenses related to any single violation shall not exceed $10,000; or
"(ii) who knowingly falsifies, destroys, mutilates, or changes a required report or record, knowingly files a false report with the Secretary, knowingly makes or causes or permits to be made a false or incomplete entry in that record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a regulation or order of the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each violation, if any such action can be shown to have misrepresented a fact that constitutes a violation other than a reporting or recordkeeping violation.".
(b) Section 31310(i)(2) of title 49, United States Code, is amended to read as follows:
"(2) The Secretary shall prescribe regulations establishing sanctions and penalties related to violations of out-of-service orders by individuals operating commercial motor vehicles. The regulations shall require at least that--
"(A) an operator of a commercial motor vehicle found to have committed a first violation of an out-of-service order shall be disqualified from operating such a vehicle for at least 180 days and liable for a civil penalty of at least $2,500;
"(B) an operator of a commercial motor vehicle found to have committed a second violation of an out-of-service order shall be disqualified from operating such a vehicle for at least 2 years and not more than 5 years and liable for a civil penalty of at least $5,000;
"(C) an employer that knowingly allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order shall be liable for a civil penalty of not more than $25,000; and
"(D) an employer that knowingly and willfully allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order shall, upon conviction, be subject for each offense to imprisonment for a term not to exceed one year or a fine under title 18, United States Code, or both.".
SEC. 4010. ELIMINATION OF COMMODITY AND SERVICE EXEMPTIONS. [Analysis]
(a) Section 13506(a) of title 49, United States Code, is amended--
(1) by deleting paragraphs (2), (6), (11), (12), (13), and (15); and
(2) by redesignating paragraphs (3), (4), (5), (7), (8), (9), (10), and (14) as paragraphs (2), (3), (4), (5), (6), (7), (8), and (9), respectively.
(b) The first sentence of section 13507 of title 49, United States Code, is amended to read as follows:
"A motor carrier of property providing transportation exempt from jurisdiction under paragraph (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).".
SEC. 4011. INTRASTATE OPERATIONS OF INTERSTATE MOTOR CARRIERS. [Analysis]
(a) Subsection (a) of section 31144 of title 49, United States Code, is amended to read as follows:
"(a) IN GENERAL. - The Secretary shall -
"(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles, utilizing among other things the accident record of an owner or operator operating in interstate commerce and the accident record and safety inspection record of such owner or operator in operations that affect interstate commerce;
"(2) periodically update such safety fitness determinations;
"(3) make such final safety fitness determinations readily available to the public; and
"(4) prescribe by regulation penalties for violations of this section consistent with section 521.".
(b) Subsection (c) of section 31144 of title 49, United States Code, is amended by adding new paragraph (5) at the end, to read as follows:
"(5) TRANSPORTATION AFFECTING INTERSTATE COMMERCE.-Owners or operators of commercial motor vehicles prohibited from operating in interstate commerce pursuant to paragraphs (1) through (3) of this section may not operate any commercial motor vehicle that affects interstate commerce until the Secretary determines that such owner or operator is fit.".
(c) Subsections (d) and (e) of section 31144 of title 49, United States Code, are redesignated as subsections (e) and (f), respectively, and new subsection (d) is added after subsection (c), to read as follows:
"(d) DETERMINATION OF UNFITNESS BY A STATE.-If a State that receives Motor Carrier Safety Assistance Program funds pursuant to section 31102 of this title determines, by applying the standards prescribed by the Secretary under subsection (b) of this section, that an owner or operator of commercial motor vehicles that has its principal place of business in that State and operates in intrastate commerce is unfit under such standards and prohibits the owner or operator from operating such vehicles in the State, the Secretary shall prohibit the owner or operator from operating such vehicles in interstate commerce until the State determines that the owner or operator is fit.".
SEC. 4012. AUTHORITY TO STOP COMMERCIAL MOTOR VEHICLES. [Analysis]
(a) Chapter 2 of title 18, United States Code, is amended by adding at the end new section 38, to read as follows:
"§ 38. Commercial motor vehicles required to stop for inspections
"(a) A driver of a commercial motor vehicle, as defined in 49 U.S.C. 31132(1), shall stop and submit to inspection of the vehicle, driver, cargo, and required records when directed to do so by a uniformed special agent 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 agent.
"(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 a uniformed special agent 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 one year, or both.".
(b) Chapter 203 of title 18, United States Code, is amended by adding at the end new section 3064, to read as follows:
"§ 3064. Powers of Federal Motor Carrier Safety Administration
"Uniformed special agents of the Federal Motor Carrier Safety Administration may direct a driver of a commercial motor vehicle, as defined in 49 U.S.C. 31132(1), to stop for inspection of the vehicle, driver, cargo, and required records at or in the vicinity of an inspection site.".
(c) CONFORMING AMENDMENTS.--
(1) The table of sections at the beginning of chapter 2 of title 18, United States Code, is amended by inserting after the item relating to section 37 the following:
"38. Commercial motor vehicles required to stop for inspections.".
(2) The table of sections at the beginning of chapter 203 of title 18, United States Code, is amended by inserting after the item relating to section 3063 the following:
"3064. Powers of the Federal Motor Carrier Safety Administration.".
SEC. 4013. PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER MANAGEMENT. [Analysis]
(a) Section 31135 of title 49, United States Code, is amended by designating the existing text as subsection "(a) IN GENERAL.--" and adding new subsections (b), (c), (d), and (e), to read as follows:
"(b) PATTERN OF NON-COMPLIANCE.--If an officer of a motor carrier engages in a pattern or practice of avoiding compliance, or masking or otherwise concealing non-compliance, with regulations on commercial motor vehicle safety prescribed under this subchapter, the Secretary may suspend, amend, or revoke any part of the motor carrier's registration under section 13905 of this title.
"(c) LIST OF PROPOSED OFFICERS.--Each person seeking registration as a motor carrier under section 13902 of this title shall submit a list of the proposed officers of the motor carrier. If the Secretary determines that any of the proposed officers has previously engaged in a pattern or practice of avoiding compliance, or masking or otherwise concealing non-compliance, with regulations on commercial motor vehicle safety prescribed under this chapter, the Secretary may deny the person's application for registration as a motor carrier under section 13902(a)(3).
"(d) REGULATIONS.--The Secretary shall by regulation establish standards to implement subsections (b) and (c).
"(e) DEFINITIONS.--In this section -
"(1) 'motor carrier' has the same meaning as in section 13102(12) of this title; and
"(2) 'officer' means an owner, chief executive officer, chief operating officer, chief financial officer, safety director, vehicle maintenance supervisor and driver supervisor of a motor carrier, regardless of the title attached to those functions.".
(b) Section 13902(a)(1)(B) of title 49, United States Code, is amended to read as follows:
"(B) any safety regulations imposed by the Secretary; the duties of employers and employees established by the Secretary under section 31135; and the safety fitness requirements established by the Secretary under section 31144; and".
SEC. 4014. MOTOR CARRIER RESEARCH AND TECHNOLOGY PROGRAM. [Analysis]
(a) In General. - Title 49, United States Code, is amended by repealing section 31108 and inserting the following new section, to read as follows:
"§ 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 research and technology program. The Secretary may carry out research, development, technology, and technology transfer activities with respect to--
"(A) the causes of accidents, injuries and fatalities involving commercial motor vehicles; and
"(B) means of reducing the number and severity of accidents, injuries and fatalities involving commercial motor vehicles.
"(2) The Secretary may test, develop, or assist in testing and developing any material, invention, patented article, or process related to the research and technology program.
"(3) The Secretary may use the funds appropriated to carry out this section for training or education of commercial motor vehicle safety personnel, including, but not limited to, training in accident reconstruction and detection of controlled substances or other contraband, and stolen cargo or vehicles.
"(4) The Secretary may carry out this section -
"(A) independently;
"(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or
"(C) by making grants to, or entering into contracts, cooperative agreements, and other transactions with, any Federal laboratory, State agency, authority, association, institution, for-profit or non-profit corporation, organization, foreign country, or person.
"(5) The Secretary shall use funds made available to carry out this section to develop, administer, communicate, and promote the use of products of research, technology, and technology transfer programs under this section.
"(b) COLLABORATIVE RESEARCH AND DEVELOPMENT.--(1) To advance innovative solutions to problems involving commercial motor vehicle and motor carrier safety, security, and efficiency, and to stimulate the deployment of emerging technology, the Secretary may carry out, on a cost-shared basis, collaborative research and development with -
"(A) non-Federal entities, including State and local governments, foreign governments, colleges and universities, corporations, institutions, partnerships, and sole proprietorships that are incorporated or established under the laws of any State; and
"(B) Federal laboratories.
"(2) In carrying out this subsection, the Secretary may enter into cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)).
"(3)(A) The Federal share of the cost of activities carried out under a cooperative research and development agreement entered into under this subsection shall not exceed 50 percent, except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share.
"(B) All costs directly incurred by the non-Federal partners, including personnel, travel, and hardware or software development costs, shall be credited toward the non-Federal share of the cost of the activities described in subparagraph (A).
"(4) The research, development, or use of a technology under a cooperative research and development agreement entered into under this subsection, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
"(5) Section 3705 of title 41, United States Code, shall not apply to a contract or agreement entered into under this section.
"(c) AVAILABILITY OF AMOUNTS.-The amounts made available under section 4001(b) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 to carry out this section shall remain available until expended.
"(d) CONTRACT AUTHORITY. - Approval by the Secretary of a grant with funds made available under section 4001(b) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 to carry out this section imposes upon the United States Government a contractual obligation for payment of the Government's share of costs incurred in carrying out the objectives of the grant.".
(b) CONFORMING AMENDMENT. - The table of sections at the beginning of chapter 311 of title 49, United States Code, is amended by revising the item relating to section 31108 to read as follows:
"31108. Motor carrier research and technology program.".
SEC. 4015. INTERNATIONAL COOPERATION. [Analysis]
(a) Chapter 311 of title 49, United States Code, is amended by inserting at the end the following:
"SUBCHAPTER IV - MISCELLANEOUS
"§ 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, driver, and highway safety by such means as exchanging information, conducting research; and examining needs, best practices, and new technology.".
(b) Clerical amendment. - The table of sections at the beginning of chapter 311 of title 49, United States Code, is amended by adding at the end the following:
"SUBCHAPTER IV - MISCELLANEOUS
"31161. International cooperation.".
SEC. 4016. PERFORMANCE AND REGISTRATION INFORMATION SYSTEM MANAGEMENT (PRISM). [Analysis]
(a) Paragraphs (2) and (3) of section 31106(b) of title 49, United States Code, are amended to read as follows:
"(2) 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) 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 the authority to deny, suspend, or revoke commercial motor vehicle registrations based on the issuance of an operations out-of-service order by the Secretary.".
(b) DELETION.--Paragraph (4) of section 31106(b) of title 49, United States Code, is deleted.
(c) PERFORMANCE AND REGISTRATION INFORMATION SYSTEM MANAGEMENT GRANTS.--(1) Chapter 311of title 49, United States Code, as amended by this Act, is further amended by adding a new section after section 31108, to read as follows:
"§ 31109. Performance and Registration Information System Management (PRISM)
"(a) IN GENERAL.--From the funds authorized by section 4001(c)(3) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003, the Secretary may make a grant in a fiscal year to a State to implement the Performance and Registration Information System Management requirements of 49 U.S.C. 31106(b).
"(b) AVAILABILITY OF AMOUNTS.--Amounts made available to a State under section 4001(c)(3) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 to carry out this section shall remain available until expended.
"(c) SECRETARY'S APPROVAL.--Approval by the Secretary of a grant to a State under section 4001(c)(3) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 to carry out this section is a contractual obligation of the Government for payment of the amount of the grant.".
(2) CONFORMING AMENDMENT.--The table of sections at the beginning of chapter 311 of title 49, United States Code, is amended after the item relating to section 31108 by adding the following:
"31109. Performance and Registration Information System Management (PRISM).".
SEC. 4017. INFORMATION SYSTEMS AND DATA ANALYSIS. [Analysis]
The Secretary of Transportation shall carry out a program to improve the collection and analysis of safety data on, including crash causation involving, commercial motor vehicles.
SEC. 4018. OUTREACH AND EDUCATION. [Analysis]
(a) IN GENERAL.--The Secretary shall conduct an outreach and education program to be administered by the Federal Motor Carrier Safety Administration. The program shall include expanded implementation of the "Share the Road Safely" and "Safety is Good Business" programs. The Federal Motor Carrier Safety Administration shall establish programs to directly educate the industry and public about the requirements of new and existing regulatory requirements. The Secretary, through the Federal Motor Carrier Safety Administration, may undertake other outreach and education initiatives that may reduce the number of accidents, injuries, and fatalities involving commercial motor vehicles.
(b) LIKELY RISK FACTORS.--The Secretary, through the Federal Motor Carrier Safety Administration, shall conduct an outreach program to identify the practices of commercial motor vehicle drivers that are most likely to increase and decrease the risk of accidents.