S.1567 - Surface Transportation Safety Improvement Act of 2005
An original bill to reauthorize and improve surface transportation safety programs, and for other purposes. view all titles (11)
All Bill Titles
- Short: Surface Transportation Safety Improvement Act of 2005 as introduced.
- Short: Surface Transportation Safety Improvement Act of 2005 as reported to senate.
- Short: Hazardous Material Transportation Safety and Security Reauthorization Act of 2005 as reported to senate.
- Short: Highway and Vehicular Safety Reauthorization Act of 2005 as reported to senate.
- Short: Highway Safety Grant Program Reauthorization Act of 2005 as reported to senate.
- Short: Household Goods Mover Oversight Enforcement and Reform Act of 2005 as reported to senate.
- Short: Motor Carrier Safety Reauthorization Act of 2005 as reported to senate.
- Short: Sanitary Food Transportation Act of 2005 as reported to senate.
- Short: Sportfishing and Recreational Boating Safety Act of 2005 as reported to senate.
- Short: Unified Carrier Registration Act of 2005 as reported to senate.
- Official: An original bill to reauthorize and improve surface transportation safety programs, and for other purposes. as introduced.
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Official SummarySurface Transportation Safety Improvement Act of 2005 - Title I: Motor Carrier Safety - Subtitle A: Motor Carriers - Motor Carrier Safety Reauthorization Act of 2005 - (Sec. 103) Amends federal transportation law to authorize appropriations from the Highway Trust Fund (HTF) (other than the
Official SummarySurface Transportation Safety Improvement Act of 2005 - Title I: Motor Carrier Safety - Subtitle A: Motor Carriers - Motor Carrier Safety Reauthorization Act of 2005 -
(Sec. 103)Amends federal transportation law to authorize appropriations from the Highway Trust Fund (HTF) (other than the Mass Transit Account) for FY2006-FY2009 for:
(1) administrative expenses of the Federal Motor Carrier Safety Administration (FMCSA); and
(2) FMCSA grant programs, including border enforcement grants, performance and registration information system management grants, commercial driver's license and driver improvement program grants, and grants for the commercial vehicle information systems and networks deployment program.
(Sec. 104)Requires the Secretary of Transportation (Secretary), using HTF funds, to ensure that high-risk carrier compliance reviews are completed on motor carriers that have demonstrated through performance data that they pose the highest safety risk.
(Sec. 105)Directs the Secretary to complete certain overdue reports, studies, and rulemaking proceedings.
(Sec. 106)Directs the Secretary to:
(1) amend the Interim Final Rule addressing New Motor Carrier Entrant Requirements so as to require that a safety audit be immediately converted to a compliance review and appropriate enforcement actions be taken if the safety audit discloses acute safety violations by the new entrant; and
(2) ensure that federal motor carrier safety regulations applicable to interstate operations of commercial motor vehicles designed to transport between nine and 15 passengers (including driver) apply to all interstate operations of such carriers regardless of the distance traveled.
(Sec. 107)Revises requirements for state motor carrier safety plans to include:
(1) implementation of performance-based activities for commercial vehicles of passengers and freight;
(2) inspections of motor carriers of passengers conducted at stations, terminals, border crossings, or maintenance facilities, except in the case of an imminent or obvious safety hazard;
(3) information in the training manuals for the driver's license examination on best practices for driving safely in the vicinity of commercial motor vehicles as well as noncommercial vehicles; and
(4) enforcement of motor carrier registration requirements by suspending the operation of any vehicle discovered to be operating without registration or beyond the scope of its registration. Authorizes the use of state motor carrier safety grants for documented enforcement of state traffic laws and regulations against noncommercial motor vehicles when necessary to promote commercial motor vehicle safety. Authorizes appropriations from the HTF (other than the Mass Transit Account) for FY2006-FY2009 for grants to states for commercial motor carrier safety (earmarking amounts for high priority activities and projects that improve commercial motor vehicle safety, audits of new entrant motor carriers, and commercial driver's license information system modernization). Authorizes the Secretary to make a border enforcement grant to a state sharing a border with another country to carry out border commercial motor vehicle safety programs and related enforcement activities and projects.
(Sec. 109)Subjects to a civil penalty a motor carrier, broker, freight forwarder, or owner or operator of a commercial motor vehicle who fails to allow the Secretary to inspect records or examine property.
(Sec. 110)Directs the Secretary to establish a Medical Review Board to provide FMCSA with medical advice and recommendations on driver qualification medical standards and guidelines, medical examiner education, and medical research. Requires the Secretary to:
(1) establish, review, and revise medical standards for applicants for and holders of commercial driver's licenses (CDLs); and
(2) establish a national registry of medical examiners.
(Sec. 111)Directs the Secretary to revise the final rule to allow individuals who use insulin to treat their diabetes to operate commercial motor vehicles in interstate commerce. Prohibits the Secretary from requiring individuals to have experience operating commercial motor vehicles while using insulin in order to qualify to operate one. Allows the Secretary, however, to require an individual to have used insulin for a minimum period of time and demonstrated stable control of diabetes in order to qualify to operate a commercial motor vehicle.
(Sec. 112)Authorizes the Secretary to require private motor carriers (not for compensation) that transport passengers or property to file with the Secretary evidence of minimum levels of financial responsibility 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.
(Sec. 113)Increases civil penalties for persons who:
(1) fail to make, or falsely prepare, a required report to the Secretary;
(2) violate certain requirements regarding qualifications and maximum hours of service for employees of, and the safety of operation and equipment of, a motor carrier, private motor carrier, or migrant worker motor carrier; or
(3) operate a commercial motor vehicle and violate an out-of-service order.
(Sec. 114)Revises safety fitness requirements for a owner or operator of a commercial motor vehicle that transports passengers and hazmats. Prohibits such an owner or operator determined not fit to operate in interstate commerce from operating any commercial motor vehicle that affects interstate commerce (including intrastate commerce), until the Secretary determines that such owner or operator is fit. Sets forth similar requirements for determinations of unfitness by a state.
(Sec. 115)Amends federal criminal law to require a driver of a commercial motor vehicle to stop and submit to inspection of the vehicle, driver, cargo, and required records when directed to do so by an authorized FMCSA employee. Sets forth criminal penalties for knowing failure to do so or for leaving the inspection site without authorization. Grants FMCSA employees the authority to direct a driver of a commercial vehicle to stop for inspection at or in the vicinity of an inspection site.
(Sec. 116)Amends federal transportation law to direct the Secretary to revoke the registration of:
(1) a motor carrier that has been prohibited from operating in interstate commerce for failure to comply with commercial motor vehicle safety fitness requirements; and
(2) 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.
(Sec. 117)Authorizes the Secretary to suspend, amend, or revoke any part of a motor carrier's registration if an officer of the motor carrier engages in a pattern or practice of avoiding compliance, or masking or concealing noncompliance, with commercial motor vehicle safety regulations.
(Sec. 118)Directs the Secretary to establish and carry out a motor carrier and motor coach research and technology program.
(Sec. 119)Authorizes the Secretary to use certain funds 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. 120)Revises certain Performance and Registration Information System Management Program (PRISM) requirements linking federal motor carrier safety information systems with state commercial vehicle registration and licensing systems.
(Sec. 121)Directs the Secretary to 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 their operations and federal and state commercial vehicle regulatory requirements. Establishes mandatory grants to eligible states for the core deployment of commercial vehicle information systems and networks, and discretionary grants to eligible states, upon request, for the expanded deployment of such systems and networks.
(Sec. 122)Authorizes the Secretary, through the NHTSA and FMCSA, to undertake outreach and education initiatives (including the \"Share the Road Safely\" program) that will reduce the number of highway accidents, injuries, and fatalities involving commercial motor vehicles. Authorizes appropriations for FY2006-FY2009.
(Sec. 123)Directs FMCSA to conduct outreach and provide training to state personnel engaged in the enforcement of FMCSA safety regulations to ensure:
(1) their awareness of the process for verification of the operating authority of motor carriers (including buses); and
(2) proper enforcement when motor carriers are in violation of operating authority requirements. Requires FMCSA to study and report to Congress on the degree to which Canadian and Mexican commercial motor vehicles (including buses) operating in the United states comply with the Federal Motor Vehicle Safety Standards.
(Sec. 124)Directs the Secretary to provide companies conducting preemployment screening services for the motor carrier industry electronic access to commercial motor vehicle accident reports and all driver safety violations in the Motor Carrier Management Information System.
(Sec. 125)Requires the Director of the Office of Intermodalism (within the Research and Innovative Technology Administration) to use certain funds, otherwise available for grants to states to develop model state intermodal transportation plans, to provide technical assistance for intermodal data collection. Requires the Director to develop a national intermodal system improvement plan that assesses the national intermodal transportation system and makes recommendations for improving intermodal policy. Requires the Director to submit biennially to Congress a report on the plan to improve the national intermodal transportation system.
(Sec. 126)Prohibits the Commercial Vehicle Safety Alliance from restricting the sale of inspection decals to FMCSA unless FMCSA fails to meet its responsibilities under its memorandum of understanding (MOU) with the Alliance (other than a failure due to FMCSA's compliance with federal law).
(Sec. 127)Directs the Secretary to issue regulations establishing a program to ensure the safety of intermodal equipment used to transport intermodal containers. Authorizes the Secretary to inspect intermodal equipment, and copy related maintenance and repair records, on demand and display of proper credentials.
(Sec. 128)Provides that the maximum daily hours of service for an operator of a commercial motor vehicle providing transportation of property or passengers to or from a theatrical or television motion picture production site located within a 100 air mile radius of the operator's work reporting location shall be those in effect under specified regulations in effect on April 27, 2003. States that certain maximum motor carrier driver hours of service federal safety regulations shall not apply to a driver of a utility service vehicle. Prohibits state and local governments from enacting any similar requirements. Subtitle B: Unified Carrier Registration - Unified Carrier Registration Act of 2005 -
(Sec. 133)Amends federal transportation law with regard to registered motor carriers providing transportation or service. Deems any person registered with the Secretary as of January 1, 2005, to provide transportation or service as a motor carrier (including otherwise exempt motor carriers like intermodal carriers, transporters of agricultural products, freight forwarders, brokers, and leasing companies) or a motor private carrier, but not registered under specified motor carrier requirements, to be registered to provide such transportation or service under the Unified Carrier Registration System. Requires a registered motor carrier (except a motor private carrier) to file a bond with the Secretary. Revises certain registration requirements.
(Sec. 134)Directs the Secretary to issue regulations to establish an on-line Federal Unified Carrier Registration System to replace specified current systems. Requires the Secretary (who currently is authorized) to establish a fee system for the Unified Carrier Registration System. Excludes from registration requirements under this system motor carriers, motor private carriers of property, or transporters of waste or recyclable materials operating exclusively in intrastate transportation.
(Sec. 135)Terminates the requirement for a single state motor carrier registration system. Makes it an unreasonable burden on interstate commerce for any state to impose registration requirements or levy fees on for-hire and interstate motor carriers already registered with FMCSA and compliant with other state laws. Provides for a Unified Carrier Registration Agreement (UCR Agreement), which shall govern 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. Establishes a Unified Carrier Registration Plan (UCR Plan) composed of an organization of state, federal, and motor carrier industry representatives responsible for developing, implementing and administering the UCR Agreement. Requires states, to be eligible to participate in the UCR Plan or to receive revenues derived under it, to submit to the Secretary a plan:
(1) identifying the state agency to administer the UCR Agreement; and
(2) containing assurances that an amount at least equal to the revenue derived by the state from the UCR Agreement will be used for motor carrier safety programs, enforcement, and financial responsibility, or the administration of the UCR Plan and UCR Agreement.
(Sec. 136)Prohibits a state, political subdivision, interstate agency, or other political agency of two or more states from enacting or enforcing a law, rule, or regulation standard 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 a form required by the Secretary.
(Sec. 137)Authorizes amounts generated by the UCR Agreement and received by a state and used for motor carrier safety purposes to be included as part of the state's share (matching funds) not provided by the United States. Subtitle C: Commercial Driver's Licenses -
(Sec. 151)Directs the Secretary to convene a task force to study and report to Congress on current impediments and foreseeable challenges to the commercial driver's license (CDL) program's effectiveness, and measures needed to realize the full safety potential of the CDL program. Authorizes appropriations for FY2006-FY2007.
(Sec. 152)Limits an individual who operates a commercial motor vehicle to only one learner's permit (as well as one driver's license) at any time. Revises federal CDL minimum standards to require an individual to pass a written test for a CDL license learner's permit on the operation of a commercial motor vehicle that complies with certain minimum fitness standards.
(Sec. 153)Authorizes the Secretary to make a grant to:
(1) a state to improve its implementation of the CDL program, provided certain requirements are met; and
(2) 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 CDL and motor vehicle safety that are of benefit to all jurisdictions or designed to address national safety.
(Sec. 154)Establishes the Information System Modernization Account within DOT. Directs the Secretary to develop a comprehensive plan for modernization of the CDL information system. Title II: Highway and Vehicular Safety - Highway and Vehicular Safety Reauthorization Act of 2005 - Subtitle A: Highway Safety Grant Program - Highway Safety Grant Program Reauthorization Act of 2005 -
(Sec. 212)Amends federal highway law to authorize appropriations from the HTF (other than the Mass Transit Account) for FY2006-FY2009 for the NHTSA for:
(1) the Highway Safety Programs;
(2) the Highway Safety Research and Outreach Programs;
(3) the Occupant Protection Programs;
(4) the Demonstration Programs;
(5) the Emergency Medical Services Program;
(6) the Impaired Driving Program;
(7) the State Traffic Safety Information System Improvements; and
(8) the preservation of public parks and lands, wildlife and waterfowl refuges, and historic sites.
(Sec. 213)Revises the requirements for uniform guidelines for state highway safety programs to repeal the requirement for programs to increase public awareness of the benefit of motor vehicles equipped with airbags. Requires such guidelines to include, however, state programs to:
(1) reduce aggressive driving and to educate drivers about defensive driving; and
(2) reduce accidents resulting from fatigued and distracted drivers, including distractions arising from the use of electronic devices in vehicles. Increases the apportionment of funds for highway safety programs for tribal governments to 2%. Prohibits states from receiving funds after FY2007 for highway safety programs until the state submits a written statement that it actively encourages all of its law enforcement agencies to follow guidelines established for police vehicular chases issued by the International Association of Chiefs of Police. Subjects funds to a deduction of not more than 5% for administrative expenses.
(Sec. 214)Revises highway safety R&D requirements. Requires the Secretary to conduct research on the effect on driving of the use of electronic devices and other relevant factors. Repeals authority for collaborative R&D with nonfederal entities. Directs the NHTSA Administrator to establish, in coordination with states, at least two nationwide high-visibility nationwide traffic safety campaigns to:
(1) reduce alcohol-impaired or drug-impaired operation of motor vehicles; and
(2) increase the use of seat belts by occupants of motor vehicles. Authorizes the Administrator of the NHTSA to participate and cooperate in international activities to enhance highway safety. Earmarks funds for such activities. Replaces the authorization for safety research on drugs and driver behavior with a mandate for study of the effects on controlled substances on driver behavior. Requires studies:
(1) to collect on-scene motor vehicle collision data and determine crash causation; and
(2) on the safety of highway toll collection facilities, including toll booths, for toll collectors. Directs the Secretary to study and report to Congress on:
(1) pedestrian safety; and
(2) the frequency with which persons arrested for operating a motor vehicle under the influence of alcohol or while intoxicated refuse to take a blood alcohol level test, and the effect such refusals on the ability of states to prosecute such persons.
(Sec. 216)Replaces occupant protection incentive grants with a revised safety belt performance grant program.
(Sec. 217)Replaces the school bus driver training grant program with an R&D program to improve traffic safety pertaining to older drivers. Requires funds allocations for FY2006-FY2009. Directs the NHTSA Administrator to train state law enforcement personnel in police chase guidelines issued by the International Association of Chiefs of Police. Earmarks funds for such program.
(Sec. 218)Directs the Secretary and the Secretary of Homeland Security to establish a Federal Interagency Committee on Emergency Medical Services in order to:
(1) ensure coordination among the federal agencies involved with state, local, tribal, or regional emergency medical services and 9-1-1 systems; and
(2) recommend new or expanded programs (including grant programs) for improving such services and implementing improved emergency medical services communications technologies, including wireless 9-1-1. Directs the Secretary to coordinate with other federal agencies, and authorizes assistance to state and local governments and emergency medical services organizations, private industry, and other interested parties, to ensure development and implementation of a coordinated nationwide emergency medical services program. Requires states to establish programs to coordinate the emergency medical services and resources deployed throughout the state.
(Sec. 219)Repeals the authority for alcohol traffic safety programs.
(Sec. 220)Revises state eligibility requirements for alcohol-impaired driving program grants. Requires states for FY2006 or FY2007 to meet four, and for FY2008 or FY2009 to meet five, of seven specified criteria in order to receive a grant.
(Sec. 221)Directs the Secretary to make grants to eligible states to support the development and implementation of state traffic safety information systems to:
(1) improve the timeliness, accuracy, and accessibility of safety data of the state needed to identify priorities for national, state, and local highway and traffic safety programs;
(2) link the state data systems with other data systems in the state, such as those containing medical, roadway, and economic data; and
(3) improve the compatibility and interoperability of such systems with national and interstate data systems. Directs the Secretary to determine model data elements useful for the observation and analysis of state and national trends in occurrences, rates, outcomes, and circumstances of motor vehicle traffic accidents.
(Sec. 222)Directs NHTSA to:
(1) review triennially each state highway safety program; and
(2) issue uniform management and program review guidelines.
(Sec. 223)Directs the Secretary to make a grant to each state that enacts or has enacted, and is enforcing a law requiring that children riding in passenger motor vehicles, who are too large to be secured in a child safety seat, be secured in a child restraint that meets requirements prescribed by the Secretary under Anton's Law. Authorizes appropriations for FY2006-FY2009.
(Sec. 224)Directs the Secretary to develop and publish a list of states that have established motorcyclist safety training programs and motorist awareness programs. Authorizes appropriations for FY2006-FY2009. Subtitle B: Specific Vehicle Safety-Related Rulings -
(Sec. 251)Directs the Secretary to initiate rulemaking to establish performance criteria and standards to:
(1) reduce the occurrence of vehicle rollovers;
(2) reduce ejections of vehicle occupants from outboard seating positions; and
(3) upgrade certain federal standards relating to door locks, door retention, and roof strength for driver and passenger sides.
(Sec. 252)Directs the Secretary to complete a rulemaking proceeding to establish a standard to enhance passenger motor vehicle occupant protection (in all seating positions) in side impact crashes.
(Sec. 253)Directs the Secretary to report to Congress on research conducted to address tire aging.
(Sec. 254)Directs the NHTSA Administrator to study and report to Congress on effective methods (vehicle backover avoidance technology) for reducing the incidence of injury and death outside of parked passenger motor vehicles with a gross weight rating of not more than 10,000 pounds attributable to movement of such vehicles.
(Sec. 255)Directs NHTSA to establish a method to collect and maintain data on the number and types of injuries and deaths involving such motor vehicles in non-traffic incidents.
(Sec. 256)Changes the buzzer law from a prohibition to an allowance. Allows a motor vehicle safety standard to require or allow (currently, it 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, including (currently, except) a buzzer that operates only during the eight-second period after the ignition is turned to the \"start\" or \"on\" position. Directs the Secretary to evaluate progress in safety belt use technologies, and consider possible revisions in strategies for achieving further gains in safety belt use.
(Sec. 257)Amends the Automobile Information Disclosure Act to require manufacturers to include government safety rating information on new automobile labels, or to note the absence of such a test or rating. Authorizes appropriations for FY2006-FY2010 to accelerate the testing processes and increase the number of vehicles tested under the NHTSA New Car Assessment Program.
(Sec. 258)Requires the Secretary to upgrade Federal Motor Vehicle Safety Standard 118 to require that power windows in motor vehicles not in excess of 10,000 pounds have switches that raise the window only when the switch is pulled up or out.
(Sec. 259)Directs the Secretary to require the testing of 15-passenger (including driver) vans at various load condition levels as part of the rollover resistance program of the NHTSA New Car Assessment Program. Prohibits a school or school system from purchasing, renting, or leasing 15-passenger vans that do not comply with motor vehicle safety standards prescribed for school buses and multifunction school activity buses.
(Sec. 262)Authorizes appropriations for FY2006-FY2009. Title III: Hazardous Materials - Hazardous Material Transportation Safety and Security Reauthorization Act of 2005 - Subtitle A: General Authorities on Transportation of Hazardous Materials -
(Sec. 323)Extends federal safe transportation of hazardous materials (hazmat) regulations to cover persons who:
(1) design or inspect a packaging or packaging component represented as qualified for use in transporting hazmat in commerce;
(2) prepare or accepts hazmat for transportation in commerce;
(3) are responsible for the safety of transporting it;
(4) certify compliance with any requirement under such regulations; or
(4) misrepresent whether they are engaged in such activities.
(Sec. 324)Replaces the Secretary with the Secretary of Homeland Security with respect to certain requirements for the issuance of hazmat transportation licenses. Directs the Secretary of Health and Human Services to recommend to the Secretary of Homeland Security any chemical or biological material or agent for regulation as a hazmat if the Secretary of Health and Human Services determines that it is a threat to U.S. national security.
(Sec. 325)Prohibits the operator of a commercial motor vehicle licensed in Mexico or Canada from operating in the United States a commercial motor vehicle transporting hazmat until the operator has undergone a background records check. Requires a state with standards more stringent than federal standards for applicants for a hazmat endorsement to a CDL to provide an appeal process for applicants that have been denied such an endorsement. Requires the Assistant Secretary of Homeland Security to report to Congress on the implementation of fingerprint-based security threat assessments and the adequacy of fingerprinting locations, personnel, and resources to accomplish timely processing of such assessments for individuals holding CDLs who are applying to renew hazmat endorsements.
(Sec. 329)Authorizes the Secretary of Homeland Security to require a registration statement from persons who design or inspect a package or packaging component represented as qualified for use in transporting hazmat in commerce. Prohibits such persons from designing or inspecting such package or packaging component if such statement is not filed. Requires the Secretary of Homeland Security to establish, impose, and collect a filing fee from such persons. Reduces such filing fee from a maximum amount of $5,000 to $3,000.
(Sec. 330)Requires the person who provides a hazmat transportation shipping paper to retain it, or an electronic format of it, for three years after it is provided to the carrier, with the paper and electronic format accessible through the shipper's principal places of business.
(Sec. 331)Repeals the requirement that rail tank cars built before January 1, 1971, be used to transport hazmat in commerce only if the air brake equipment support attachments of the car comply with specified standards.
(Sec. 332)Subjects to certain civil and criminal penalties owners and operators transporting hazmats who operate in interstate commerce despite being determined unfit to so operate.
(Sec. 333)Revises requirements relating to:
(1) the training curriculum for public sector hazmat emergency response and preparedness teams;
(2) naming of a certain account for making planning and training grants as the Emergency Preparedness Fund;
(3) special hazmat transportation variance permits;
(4) uniform forms and procedures for state registration and permits for hazmat transportation;
(5) hazmat transportation safety and security;
(6) enforcement and increased civil and criminal penalties;
(7) preemption of state law; and
(8) U.S. court of appeals review of final DOT actions relating to hazmat transportation that adversely affect a person.
(Sec. 344)Authorizes appropriations for FY2005-FY2009 for:
(1) implementation of federal safe hazmat transportation regulations;
(2) the Emergency Preparedness Fund; and
(3) the use of the Bureau of Transportation Statistics in certain reports on hazmat transportation. Subtitle B: Other Matters -
(Sec. 361)Authorizes the Administrator of DOT's Pipeline and Hazardous Materials Safety Administration (PHMSA) to enter into grants, cooperative agreements, and other transactions with federal agencies, state and local governments, other public entities, private organizations, and other persons to conduct research into transportation service and infrastructure assurance and other PHMSA research activities.
(Sec. 362)Amends Postal Service law to require the U.S. Postal Service to prescribe regulations, including specified prohibitions, for the safe transportation of hazmat in the mails. Sets forth civil penalties for persons who knowingly violate such requirements and prohibitions.
(Sec. 364)Authorizes the Secretary to establish, in coordination with the Secretary of Homeland Security, a program of random inspections of cargo at points of entry into the United States in order to determine the extent to which undeclared hazmat is being offered for transportation in commerce through such points.
(Sec. 365)Directs the Administrator of the DOT Research and Special Programs Administration to transmit current hazmat registrant information to FMCSA to cross reference the registrant's federal motor carrier registration number, and notify FMCSA immediately, providing a registrant's DOT identification number, whenever a new registrant registers to transport hazmats as a motor carrier.
(Sec. 366)Requires the Secretary to complete an assessment of the costs and benefits of subjecting persons who reject hazmat for transportation in commerce to federal hazmat laws and regulations.
(Sec. 367)Requires the Secretary to provide funding to the Operation Respond Institute to design, build, and operate a seamless first responder hazmat incident detection, preparedness, and response system. Requires the system to include an expansion of the Operation Respond Emergency Information System. Authorizes appropriations for FY2005-FY2009.
(Sec. 368)Excludes from certain DOT hazmat transportation plan requirements the surface transportation activities of a farmer in direct support of the farmer's farming operations that are conducted within a 150-mile radius of such operations.
(Sec. 369)Directs the FRA to:
(1) require each track owner using continuous welded rail (CWR) track to include in the plan filed with the FRA procedures to improve identification of cracks in rail joint bars;
(2) instruct FRA track inspectors to obtain a railroad's most recent CWR program and require them to use those programs when conducting track inspections;
(3) establish a program to review CWR joint bar inspection data from railroads and FRA track inspectors periodically;
(4) validate a predictive model to quantify the relevant dynamic forces acting on railroad tank cars under accident conditions; and
(5) initiate a rulemaking to develop and implement appropriate design standards for pressurized tank cars. Requires the FRA to:
(1) conduct a comprehensive analysis to determine the impact resistance of the steels in the shells of pressure tank cars constructed before 1989; and
(2) establish a program to rank the cars according to their risk of catastrophic fracture and separation, and implement measures to eliminate or mitigate such risk. Authorizes appropriations for FY2006.
(Sec. 370)Directs the Secretary to study and report to Congress on the impact of blocked highway-railroad grade crossings on the ability of emergency responders to perform public safety and security duties.
(Sec. 371)Authorizes appropriations for FY2005-FY2009 to develop and administer a hazmat cooperative research program. Directs the Secretary to establish an independent governing board to select cooperative research projects and studies of hazmat transportation for the program. Subtitle C: Sanitary Food Transportation - Sanitary Food Transportation Act of 2005 -
(Sec. 382)Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to require shippers, motor vehicle or rail vehicle carriers, receivers, and other persons engaged in the transportation of food to use sanitary transportation practices prescribed by the Secretary of Health and Human Services to avoid adulteration.
(Sec. 383)Revises sanitary food transportation requirements. Requires the Secretary to:
(1) establish procedures for transportation safety inspections in order to identify suspected incidents of contamination or adulteration of food, meat, and poultry products; and
(2) train DOT personnel in the appropriate use of the procedures. Title IV: Household Goods Movers - Household Goods Mover Oversight Enforcement and Reform Act of 2005 -
(Sec. 403)Amends federal transportation law to require a carrier providing transportation for a shipment of household goods to give up possession of the goods at the destination upon payment of:
(1) 100% of the transportation charges in a binding estimate;
(2) no more than 110% of the charges in a nonbinding estimate; or
(3) the prorated percentage of the charges in the case of a partial delivery.
(Sec. 404)Requires a household goods carrier to provide to a prospective shipper a written estimate (which may be binding or nonbinding) of all transportation charges (including a copy of the DOT publication FMCSA-ESA-03-005, or its successor edition or publication entitled \"Ready to Move\", and a copy of DOT publication OCE 100, entitled \"Your Rights and Responsibilities When You Move\").
(Sec. 405)Makes the replacement value a carrier's maximum liability for household goods that are lost, damaged, destroyed, or otherwise not delivered to the final destination.
(Sec. 406)Revises requirements for the dispute settlement program for household goods carriers to require a carrier to agree to offer arbitration to shippers of household goods as a means of settling disputes between such carriers and shippers concerning whether carrier charges, in addition to those collected at delivery, must be paid by the shipper. Increases from $5,000 to $10,000 the claim threshold in a dispute between carrier and shipper that separates mandatory binding arbitration from binding arbitration only if the carrier agrees to shipper-requested arbitration. Requires the Secretary to review and report to Congress on the outcomes and the effectiveness of dispute settlement programs.
(Sec. 407)Limits state regulation of transportation of household goods to intrastate transportation. Authorizes states to enforce federal consumer protection laws and regulations with respect to the interstate transportation of household goods.
(Sec. 408)Directs 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 for the purpose of:
(1) developing practices and procedures to enhance the federal-state partnership in enforcement efforts, exchange of information, and coordination of enforcement efforts with respect to interstate transportation of household goods; and
(2) making legislative and regulatory recommendations to the Secretary concerning such enforcement efforts.
(Sec. 409)Directs the Secretary to modify certain regulations to require a motor carrier or broker that maintains a website to prominently display on it:
(1) the number assigned to the motor carrier by DOT;
(2) the OCE 100 publication, entitled \"Your Rights and Responsibilities When You Move\"; and
(3) with respect to a broker, a list of all motor carriers providing transportation of household goods used by the broker, and a statement that the broker is not a motor carrier providing such transportation.
(Sec. 410)Establishes a consumer complaint system and data base with respect to shipper complaints relating to motor carrier transportation of household goods.
(Sec. 411)Directs the Surface Transportation Board to:
(1) complete a review of current federal regulations regarding the level of liability protection provided by household goods carriers; and
(2) revise them, if necessary, to provide enhanced protection in the case of loss or damage.
(Sec. 412)Establishes civil penalties for:
(1) a broker that makes an estimate of the cost of transporting household goods before entering into an agreement with a motor carrier; and
(2) a person who provides such transportation, or broker services for such transportation, without registering with the Secretary.
(Sec. 413)Establishes civil and criminal penalties for failure of a mover to give up possession of household goods.
(Sec. 414)Requires the Secretary to make a progress report to Congress within one year on implementation of this title.
(Sec. 415)Sets forth additional registration requirements for motor carriers of household goods. Authorizes the Secretary to register a person to provide such transportation only after the person:
(1) provides evidence of participation in an arbitration program;
(2) identifies its tariff;
(3) provides evidence that it will observe all consumer protection laws; and
(4) discloses relationships involving common stock, common ownership, common management, or common familial relationships with other motor carriers, freight forwarders, or broker of household goods within the past three years. Title V: Sportfishing and Recreational Boating Safety - Sportfishing and Recreational Boating Safety Act of 2005 - Subtitle A: Federal Aid in Sport Fish Restoration Act Amendments -
(Sec. 512)Amends the Dingell-Johnson Sport Fish Restoration Act to make the appropriation from the Sport Fish Restoration and Boating Trust Fund (previously the Sport Fish Restoration Account) for each fiscal year available during the succeeding fiscal years.
(Sec. 513)Specifies percentages of the balance of annual FY2006-FY2020 appropriations remaining after certain expenditures which shall be distributed for:
(1) coastal wetlands;
(2) boating safety;
(3) certain waste water treatment projects under the Clean Vessel Act of 1992;
(4) boating infrastructure project grants for facilities for transient nontrailerable recreational vessels; and
(5) the National Outreach and Communications Program. Transfers certain unobligated funds to the Secretary of Homeland Security for state recreational boating safety programs.
(Sec. 518)Earmarks $3 million from the Account for each fiscal year after FY2005 for sport fish restoration projects under the multistate conservation grant program.
(Sec. 519)Sets forth certain expenditures from the Boating Safety Account for FY2006-FY2010. Subtitle B: Clean Vessel Act Amendments -
(Sec. 531)Amends the Clean Vessel Act of 1992 to repeal the requirement that the Secretary of the Interior give priority consideration to grant applications that in coastal states propose constructing and renovating pumpout stations and waste reception facilities in accordance with a coastal state's plan under the Clean Vessel Act of 1992. Subtitle C: Recreational Boating Safety Program Amendments -
(Sec. 551)Amends federal shipping law to increase from one-half to 75% of the total cost incurred by a state in developing, carrying out, and financing its recreational boating safety program the limit on the amount the state receives as its federal allocation for such a program.
(Sec. 552)Increases from two to three years the period of an allocation to a state for its recreational boating safety program.
(Sec. 553)Makes not more than 5% of certain funds available 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.
(Sec. 554)Prescribes maintenance of effort requirements for state recreational boating safety programs. Requires the amount allocated to a state for its recreational boating safety program to be reduced if the usual amount the state expended for it for the previous fiscal year is less than the average of the total expended for the three fiscal years immediately preceding that previous fiscal year.
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