Conference report on h. R. 3, Safe, accountable, flexible, efficient transportation equity act: a legacy for users

   The Committee intends the Secretary to address this situation through the rule- making process. As part of the rulemaking, the Secretary shall amend the final rule addressing commercial motor vehicles transporting nine to fifteen passengers to specifically exempt vanpool operations as defined by section 132(f) of the Internal Revenue Code. The rulemaking also exempts stretch sedan limousines that are designed to seat nine to fifteen passengers. The rule-making does not exempt SUV stretch limousines, or super stretch sedan limousines that are designed to seat sixteen or more passengers (including the driver).

   Senate Bill

   Sec. 7106.

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

   Conference Substitute

   The conference adopts the identical House and Senate language applying the Federal Motor Carrier Safety Regulations to interstate van operations. Further, the conference agrees to exempt vanpool operations from this regulation.

   SEC. 4137. DECALS

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 7126.

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

   Conference Substitute

   The conference adopts the Senate approach.

   SEC. 4138. HIGH RISK CARRIER COMPLIANCE REVIEWS

   House Bill

   No provision in House bill.

   Senate Bill

   Sec. 7104.

   The Senate bill requires the Secretary to ensure that safety compliance reviews of motor carriers are completed for carriers that have demonstrated that they pose the highest safety risk. A single compliance review is required for any motor carrier that is rated as category A or B for two consecutive months.

   Conference Substitute

   The Conference adopts the Senate provision with a modification to clarify that multiple compliance reviews are not required for carriers that are rated as category A or B for more than two consecutive months.

   SEC. 4139. FOREIGN COMMERCIAL MOTOR VEHICLES

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 7123.

   The Senate bill requires the Administrator of the Federal Motor Carrier Safety Administration to conduct outreach and training to state safety enforcement personnel on the enforcement of operating authority requirement for motor carriers. The Senate bill requires a study and a report by the Administrator on the degree to which Canadian and Mexican commercial motor vehicles currently expected to operate in the United States comply with U.S. federal motor vehicle safety standards.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 4140. SCHOOL BUS DRIVER QUALIFICATIONS AND ENDORSEMENT KNOWLEDGE TEST

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 7155 and Sec. 7606

   The Senate bill requires the Secretary to recognize school bus drivers who pass an approved test as having met a certain requirement. The Senate bill also delays the effective date of a requirement for school bus drivers until September 30, 2006.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 4141. DRIVEWAY SADDLEMOUNT VEHICLES

   House Bill

   Sec. 4116.

   This section creates a new national standard for the maximum length of drive-away saddlemount with fullmount vehicle transporter combinations operated on the Interstate Highway System.

   Senate Bill

   No provision.

   Conference Substitute

   The conference adopts the House provision.

   SEC. 4142. REGISTRATION OF MOTOR CARRIERS AND FREIGHT FORWARDERS

   House Bill

   Sec. 4118.

   This section harmonizes the jurisdictional reach of the commercial and the safety statutes by eliminating the requirement for motor carriers to register if they are not subject to the Federal motor carrier safety regulations.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The conference adopts the House version.

   SEC. 4143. AUTHORITY TO STOP COMMERCIAL MOTOR VEHICLES

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Section 7115.

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

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 4144. MOTOR CARRIER SAFETY ADVISORY COMMITTEE

   House Bill

   Sec. 4123.

   This section requires the establishment of a commercial motor vehicle safety advisory committee to provide advice and recommendations on a range of commercial motor vehicle safety issues. Members are appointed by the Secretary and include representatives of industry, drivers, safety advocates, manufacturers, safety enforcement officials, representatives of law enforcement agencies from border States, and other individuals affected by rulemakings. No one interest may constitute a majority. The advisory committee should provide advice to the Secretary on commercial motor vehicle safety regulations and other matters relating to activities and functions of FMCSA.

   Senate Bill

   No provision.

   Conference Substitute

   The conference adopts the House version with modifications.

   SEC. 4145. TECHNICAL CORRECTIONS

   House Bill

   Sec. 4132.

   Subsection (a) adds the Administrator as a member of the Intermodal Transportation Advisory Board.

   Subsection (b) changes the reference from ``Regional Director'' to ``Field Administrator'', that position's correct title since the creation of the FMCSA in the Motor Carrier Safety Improvement Act of 1999.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The conference adopts this clarification of the code.

   SEC. 4146. EXEMPTION DURING HARVEST PERIODS

   House Bill

   No provision.

   Senate Bill

   No provision.

   Conference Substitute

   The conference agrees the maximum driving and on-duty time for a driver will not apply in the area west of Interstate 81 in New York during the harvest period and within 150-air mile radius from where grapes are picked or distributed.

   SEC. 4147. EMERGENCY CONDITION REQUIRING IMMEDIATE RESPONSE

   House Bill

   No provision.

   Senate Bill

   No provision.

   Conference Substitute

   The conference agrees regulations prescribed under 31136 or 31502 of 49 U.S.C. will not apply to a driver of a CMV which is used to transport propane winter heating fuel or a motor vehicle used to respond to a pipeline emergency if such regulations would prevent the driver from responding to an emergency condition requiring immediate response. ``Emergency condition requiring immediate response'' is also defined.

   SEC. 4148. SUBSTANCE ABUSE PROFESSIONALS

   House Bill

   Sec. 4129.

   This section requires the Secretary to update the current regulatory definition of a substance abuse professional to include State licensed or certified mental health counselors, as well as individuals certified as addiction specialists by the American Academy of Health Care Providers in the Addictive Disorders.

   Senate Bill

   No provision.

   Conference Substitute

   The conference adopts the House provision with modification.

   SEC. 4149. OFFICE OF INTERMODALISM

   House Bill

   No provision.

   Senate Bill

   Sec. 7601.

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

   Conference Substitute

   The Conference adopts the Senate position with modifications.

   Subtitle B--Household Goods Transportation

   Oversight of the interstate household goods moving industry had been the responsibility of the Interstate Commerce Commission (ICC) prior to the ``sun-setting'' of the ICC by the ICC Termination Act of 1995. Most Federal oversight responsibilities for the transportation of household goods were transferred to the FHWA and later transferred to FMCSA upon enactment of MCSIA in 1999. FHWA, and then FMCSA, focused their limited resources on its primary mission of highway safety, rather than on consumer protection. The lack of Federal oversight has permitted unscrupulous ``rogue'' household goods movers to exploit this regulatory gap. Subtitle B of title IV of this bill provides greater protection to consumers shipping their household goods via motor carrier. However, these provisions only relate to the movement of household goods motor carriers and brokers.

   SEC. 4201. SHORT TITLE

   House Bill

   No comparable provision in House bill.

   Senate Bill

   This section provides a Short Title.

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   Conference Substitute

   The Conference adopts the Senate approach.

   SEC. 4202. DEFINITIONS; APPLICATION OF PROVISIONS

   House Bill

   Sec. 4212.

   This section defines household goods motor carrier as in the business of providing transportation of household goods, and offering some or all of the following services: binding and nonbinding estimates, inventorying, protective packing and unpacking of individual items, and loading and unloading at personal residences.

   Senate Bill

   Sec. 7402.

   This section provides that the terms ``carrier'', ``household goods'', ``motor carrier'', ``Secretary'', and ``transportation'' have the meaning specified in section 13102 of title 49, United States Code. This section defines household goods motor carrier as in the business of providing transportation of household goods, and offering some or all of the following services: binding and nonbinding estimates, inventorying, protective packing and unpacking of individual items at personal residences, and loading and unloading at personal residences. The provision applies a limited service exclusion indicating a motor carrier solely providing transportation of household goods entirely packed in, or unpacked from, one or more containers of trailers by the individual shipper of an agent thereof is excluded from this definition.

   Conference Substitute

   The Conference adopts the Senate approach along with a modification to the Limited Service Exclusion. This section differentiates between household goods carriers and freight motor carriers.

   SEC. 4203. PAYMENT OF RATES

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 7403.

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

   Conference Substitute

   The Conference adopts the Senate approach.

   SEC. 4204. ADDITIONAL REGISTRATION REQUIREMENTS FOR MOTOR CARRIERS OF HOUSEHOLD GOODS

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 7415.

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

   Conference Substitute

   The Conference adopts the Senate approach.

   SEC 4205. HOUSEHOLD GOODS CARRIER OPERATIONS

   House Bill

   Sec. 4210.

   This section requires household goods motor carriers to provide written estimates for shipments of household goods. When providing these estimates, the motor carrier must conduct a physical survey of the household goods to be transported. A shipper may waive the on-site survey, but a copy of the waiver must accompany the estimate and remain as an addendum to the bill of lading.

   This section also provides definitions of binding, and non-binding, estimates. The binding estimate guarantees the total cost of the move based upon the quantities and services shown on the estimate.

   Senate Bill

   Sec. 7404.

   This section requires that, at the time a written estimate is provided, the carrier must provide the shipper a copy of DOT's pamphlet ``Ready to Move?''. Further, before a contract for service is executed, the carrier must provide the shipper a copy of DOT's booklet ``Your Rights and Responsibilities When You Move''. The written estimate may be either binding or nonbinding, and must be based on a visual inspection of the household goods if they are located within a 50 mile radius of the location of the carrier's household goods agent preparing the estimate.

   Conference Substitute

   The Conference combines the House and Senate approach for the writing requirement and estimates. The Conference also adopts the Senate approach of providing education material to shippers and potential shippers.

   SEC. 4206. ENFORCEMENT OF REGULATIONS RELATED TO TRANSPORTATION OF HOUSEHOLD GOODS

   House Bill

   Sec. 4201.

   This section confers authority to a State attorney General of any state to bring a civil action on behalf of its residents in an appropriate district court of the United States to compel a motor carrier to relinquish possession of a household goods shipment or to pay a civil penalty assessed under section 14915.

   For purposes of bringing any civil action under this section, nothing in this section shall prevent a State 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 to compel the attendance of witnesses or the production of documentary and other evidence.

   Whenever a civil action has been instituted on a defendant by, or on behalf of, the Secretary for violation of any provision specified in this section, a State may not institute a civil action under this section. A civil action under this section may be brought in the district in which the defendant is found, resides, or transacts business or whenever venue is proper under section 1391 of title 28.

   This section allows State attorneys general to pursue civil penalties in any appropriate district court of the United States in cases where a ``rogue mover'' committed repeated violations of holding household goods hostage. This ability to enforce Federal law by State officials will be a huge step towards improving the consumer protection that has been lacking since the termination of the ICC, and will help augment the limited Federal resources currently available. Although, this additional power may be seen by some as an infringement on the long-standing ``Carmack'' amendment, the Committee was careful not to touch upon any more than was necessary to ensure proper enforcement at the State level.

   Senate Bill

   Sec. 7407.

   This section allows a State authority that regulates the intrastate movement of household goods to enforce Federal laws and regulations with respect to the transportation of household goods in interstate commerce. Fines or penalties imposed as a result of State enforcement of Federal law would accrue to the State. A State attorney general would be authorized to bring a civil action in Federal court when the attorney general believes the interests of the residents of the State are being threatened by a carrier or broker. The State would be required to give the DOT or the STB written notice when an action is about to be filed. The DOT or the STB would be authorized to intervene in the action and file petitions for appeal. The venue for a civil action would be the judicial district where the carrier or broker operates, or where the carrier or broker is authorized to provide transportation, or where the defendant is found. Consistent with current law, nothing prohibits States from prosecuting for violations of a State criminal statute. Application of these provisions are limited to individual shippers, as defined in this section.

   Conference Substitute

   The Conference adopts the Senate approach, except the concept of substituting the Secretary of the Department of Transportation for the State in Federal Court.

   SEC. 4207. LIABILITY OF CARRIERS UNDER RECEIPTS AND BILLS OF LADING

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 7405.

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

   Conference Substitute

   The Conference adopts the Senate approach.

   SEC. 4208. ARBITRATION REQUIREMENTS

   House Bill

   Sec. 4202.

   This section requires household goods carriers to offer shippers arbitration on all matters related to loss and damage, including

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disputes about charges. This section also increases the threshold for binding arbitration from $5,000 to $10,000. These two changes will provide the consumer with more options for settling disputes when they arise.

   Senate Bill

   Sec. 7406.

   This section requires movers to offer shippers arbitration and raises the threshold for bidding arbitration from the current $5,000 to $10,000. Within 18 months following enactment, the Secretary is required to complete a review of the results and effectiveness of arbitration programs and submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. In preparing the review, the Secretary is required to provide an opportunity for public comment. The purpose is to investigate whether arbitrators are truly independent of both parties involved in a dispute.

   Conference Substitute

   The Conference adopts the House approach.

   SEC. 4209. CIVIL PENALTIES RELATING TO HOUSEHOLD GOODS BROKERS AND UNAUTHORIZED TRANSPORTATION

   House Bill

   Sec. 4203.

   This section creates civil penalties for household goods brokers who provide estimates prior to entering into a contract with a household goods mover. This section also creates a civil penalty for anyone who transports household goods in interstate commerce without having the authority to conduct that activity.

   Senate Bill

   Sec. 7412.

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

   Conference Substitute

   The Conference adopts the House approach.

   SEC. 4210. PENALTIES FOR HOLDING HOUSEHOLD GOODS HOSTAGE

   House Bill

   Sec. 4204.

   This section creates civil penalties for anyone who holds a person's household goods hostage once full payment (up to 110 percent of the estimate) has been made. The civil penalty for holding household goods hostage shall not be less than $10,000, and if the person holding the goods hostage is a motor carrier, the carrier's operating authority will be suspended for 6 months.

   This legislation codifies existing regulations that require a carrier to give up possession of a household goods shipment provided the shipper pays the mover 100 percent of a binding estimate of the charges, or 110 percent of a non-binding estimate of the charges.

   One of the most important parts of Subtitle B of Title IV, is the new definition and penalties for the practice of holding household goods hostage. This situation arises when a household goods motor carrier informs the shipper that the charges for shipping or unloading the shipper's possessions have doubled, tripled, or even quadrupled, and the only way the carrier will unload the goods is upon payment of these higher charges. These actions, conducted primarily by ``rogue movers,'' have gone largely unchecked in recent years. With the addition of civil penalties, Federal and State enforcement personnel have tremendous powers to prosecute these individuals.

   Sec. 4214.

   This section creates a criminal penalty for a household goods motor carrier who knowingly and willfully holds household goods hostage by falsifying documents or demanding payment of charges for services that were not performed or were not necessary.

   Senate Bill

   Sec. 7413.

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

   Conference Substitute

   The Conference adopts portions of both bills' penalty structure. The Conference agrees to a civil penalty of $10,000 per violation, with a separate violation for each day the violation occurs. The Conference also adopts the Senate position on registration requirements. The Conference adopts the Senate definition of ``failure to give up possession of household goods'' and the criminal penalty language, with the House criminal penalty of not more than two years.

   SEC. 4211. CONSUMER HANDBOOK ON DOT WEB SITE

   House Bill

   Sec. 4206.

   This section requires the Secretary to publish a handbook about consumer's rights in readily understandable language and display it prominently on the DOT website.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House approach.

   SEC. 4212. RELEASE OF HOUSEHOLD GOODS BROKER INFORMATION

   House Bill

   Sec. 4207.

   This section requires the Secretary to modify the regulations to require household goods brokers to provide shippers, or potential shippers, with information about the motor carriers the broker uses, the broker's DOT identification number, the general information handbook, and a statement that the broker is not a motor carrier.

   The Committee intends to deter the current practice of some brokers who advertise over the Internet, providing a low estimate without seeing the items to be shipped, then trying to find a carrier to transport the household goods without regard to the rate the broker quoted the shipper.

   Senate Bill

   Sec. 7409.

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

   Conference Substitute

   The Conference adopts the House approach.

   SEC. 4213. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO ENHANCE FEDERAL-STATE RELATIONS

   House Bill

   Sec. 4205.

   This section requires the Secretary to create a working group of State attorney generals, State consumer protection administrators and Federal and local law enforcement officials for the purpose of developing uniform enforcement procedures with respect to interstate transportation of household goods. Also, this working group is exempted from the Federal Advisory Committee Act.

   Senate Bill

   Sec. 7408.

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

   Conference Substitute

   The Conference adopts the House approach as modified with Senate language to include the public and other interested parties in the consultation.

   SEC. 4214. CONSUMER COMPLAINT INFORMATION

   House Bill

   Sec. 4208.

   This section requires the Secretary to establish a system for logging consumer complaints about household goods movers in a database accessible to the public. This section also requires the Secretary to establish a way for carriers to correct any incorrect information on the database. The Secretary is encouraged to use this information when determining which carriers should be the subject of a commercial investigation.

   Senate Bill

   Sec. 7410.

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

   Conference Substitute

   The Conference adopts the House approach along with the Senate concept of providing public access to the complaint database.

   SEC. 4215. REVIEW OF LIABILITY OF CARRIERS

   House Bill

   Sec. 4209.

   This section directs the Secretary to review current regulatory requirements regarding insurance coverage provided by household goods motor carriers to shippers. The review should determine whether the

[Page: H7496]

current regulations provide adequate protection, whether the shipper should purchase insurance as opposed to the carrier, and whether there are abuses of the current regulations that leave shippers unprotected.

   Senate Bill

   Sec. 7411.

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

   Conference Substitute

   The Conference adopts the Senate approach as modified to strike the review of the ``Carmack Amendment''.

   SEC. 4216. APPLICATION OF STATE CONSUMER PROTECTION LAWS TO CERTAIN HOUSEHOLD GOODS CARRIERS

   House Bill

   Sec. 4211.

   This section requires the GAO to conduct a study of the impact on motor carriers and shippers of household goods if State Attorneys General and consumer protection agencies were allowed to enforce their State consumer protection laws and regulations with respect to interstate transportation of household goods. The GAO shall provide a report to Congress on the results of this study within 18 months after the date of enactment.

   Senate Bill

   Sec. 7414.

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

   Conference Substitute

   The Conference adopts the House approach.

   Subtitle C--Unified Carrier Registration Act of 2005

   SEC. 4301. SHORT TITLE

   House Bill

   No provision.

   Senate Bill

   Sec. 7131.

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

   Conference Substitute

   The conference adopts the Senate provision.

   SEC. 4302. RELATIONSHIP TO OTHER LAWS

   House Bill

   No provision.

   Senate Bill

   Sec. 7132.

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

   Conference Substitute

   The conference adopts the Senate provision.

   SEC. 4303. INCLUSION OF MOTOR PRIVATE AND EXEMPT CARRIERS

   House Bill

   No provision.

   Senate Bill

   Sec. 7133.

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

   Conference Substitute

   The conference adopts the Senate provision.

   SEC. 4304. UNIFIED CARRIER REGISTRATION SYSTEM

   House Bill

   Sec. 4117.

   This section repeals the single state registration system and requires FMCSA to complete a rule-making for an on-line registration system to replace the old registration system originally administered by the Interstate Commerce Commission. This rule- making must be completed within one year.

   Senate Bill

   Sec. 7134.

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

   Conference Substitute

   The conference adopts the Senate provision.

   SEC. 4305. REGISTRATION OF MOTOR CARRIERS BY STATES

   House Bill

   No provision.

   Senate Bill

   Sec. 7135.

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   Conference Substitute

   The conference adopts the Senate provision with modifications.

   SEC. 4306. IDENTIFICATION OF VEHICLES

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 7136.

   Section 7136 would prohibit a State or political subdivision from requiring a motor carrier, motor private carrier, or freight forwarder to display any additional form of identification on or in a commercial vehicle. The prohibition would not apply to credentials required under the International Registration Plan or the International Fuel Tax Agreement, or in connection with Federal hazardous materials regulations or Federal vehicle inspection standards.

   Conference Substitute

   The conference adopts the Senate provision with modifications.

   SEC. 4307. USE OF UCR AGREEMENT REVENUES AS MATCHING FUNDS

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 7137.

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

   Conference Substitute

   The conference adopts the Senate provision.

   SEC. 4308. REGULATIONS

   House Bill

   No comparable provision in the House bill.

   Senate Bill

   This section allows the Secretary to establish regulations to carry out this subtitle.

   Conference Substitute

   The conference adopts the Senate approach.

   TITLE V--RESEARCH

   Subtitle A--Funding

   SEC. 5101. AUTHORIZATION OF APPROPRIATIONS

   House Bill

   Sec. 5101.

   This section provides authorizations for the programs in the Research Title. The Surface Transportation Research Program and the Technology Deployment program, which were separate programs in the Transportation Equity Act for the 21st Century (TEA 21), are now merged into one program--the Surface Transportation Research, Development, and Deployment Program.

   Senate Bill

   Sec. 2001.

   This section authorizes sums out of the Highway Trust Fund (other than the Mass Transit Account) for Surface Transportation Research, the Surface Transportation-Environmental Cooperative Research Program, Training and Education, the Bureau of Transportation Statistics, ITS Standards, Research, Operational Tests and Development, and University Transportation Centers. It provides for the period of availability of funds for obligation and the Federal share of project cost.

   Conference Substitute

   This section reauthorizes programs in the Research title including the Surface Transportation Research, Development, and Deployment Program; Training and Education; Bureau of Transportation Statistics; University Transportation Research; and ITS Research.

   SEC. 5102. OBLIGATION CEILING

   House Bill

   Sec. 5102.

   This section establishes the obligation ceiling for fiscal years 2004 through 2009.

   Senate Bill

   Sec. 2002.

   This section sets limits on obligations for spending under Title II for Transportation Research.

   Conference Substitute

   This section sets the obligation ceiling for spending under this Title.

   SEC. 5103. FINDINGS

   House Bill

   Sec. 5103.

   This section includes congressional findings related to the importance of transportation research and development.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House provision.

   Subtitle B--Research, Technology, and Education

   SEC. 5201. RESEARCH, TECHNOLOGY AND EDUCATION

   House Bill

   Sec. 5201.

   This section establishes basic principles for transportation research, including the federal responsibility and role, stakeholder input, competition, and performance review. This section provides the Secretary with authority to enter into cooperative agreements and establishes a mechanism to facilitate ``pooled funding'' of projects when several states wish to fund a research project of common interest to those states.

   One of the principles governing research and technology investments directs that the Federal highway research program would become more oriented toward exploratory advanced research. The 20-year Long-Term Pavement Performance Program, initiated in the late 1980's will be continued to its conclusion in 2009. The role and function of the Turner-Fairbank Highway Research Center is codified in law.

   Senate Bill

   Sec. 2101. Subsection 502.

   This subsection authorizes the Secretary to carry out research, development, testing, and technology transfer activities. The Secretary may, independently or in cooperation with others, carry out activities in research, development, and technology transfer activities. In addition, the Secretary may test, develop, or assist in testing and developing any material, invention, patented article, or process. Research activities must be consistent with the strategic plan required under section 508. All parties entering into contracts, cooperative agreements, or other transactions with the Secretary to perform research or provide technical assistance shall be selected on a competitive basis and on the basis of a peer review. The Federal share of the cost of activities carried out under a cooperative research and development agreement shall not exceed 50 percent, unless otherwise approved by the Secretary.

   The subsection establishes a new Advanced Long-Term Research program. Also established are a high-performance concrete bridge research program, a high-performing steel bridge program, and a biobased transportation research program. The high-performance concrete bridge research program includes funding to carry out demonstration projects involving the use of ultra-high performance concrete with ductility. The Seismic Research Program, Long-Term Pavement Performance Program (LTPP), and the Infrastructure Investment Needs Report are continued. The subsection concludes the LTPP on September 30, 2009. The due dates for the infrastructure needs report is changed from January 31 to July 31. This subsection also requires the Secretary, in consultation with the Secretary of Homeland Security, to develop a 5-year strategic plan for research and technology transfer and deployment activities pertaining to the security aspects of highway infrastructure and operations aspects.

   Conference Substitute

   The Conference adopts the House provision with modifications and additions from the Senate provision.

   Congress encourages the Department to use the Volpe Center as a source for transportation research and development and related activities. The Volpe Center is uniquely positioned to assist Executive Branch agencies in fulfilling transportation research and development initiatives, solving challenges related to integrating transportation and homeland security issues and achieving the letter and intent of legislative mandates associated with the continued authorization of Departmental activities.

   SEC. 5202. LONG-TERM BRIDGE PERFORMANCE PROGRAM; INNOVATIVE BRIDGE RESEARCH AND DEPLOYMENT PROGRAM

   House Bill

   Sec. 5202.

   This section establishes a 20-year Long-Term Bridge Performance Program, modeled on the Long-Term Pavement Performance Program. An Innovative Bridge Research and Deployment program to demonstrate innovative designs and construction methods for the construction, repair and rehabilitation of bridges is established.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House provision with some modifications and additions, including steel bridge testing. Programs under Senate section 2101, including high-performance steel bridge research and technology transfer program are added to the provision.

   SEC. 5203. TECHNOLOGY DEPLOYMENT

   House Bill

   Sec. 5204.

   This section establishes an Innovative Pavement Research and Deployment program to demonstrate innovative pavement technologies, practices, and performance. The goals of this program include new, cost-effective designs to extend pavement life and performance, and the reduction of both initial cost and life-cycle cost of pavements. A Safety Innovation Deployment Program is established to foster the deployment and evaluation of safety technologies and innovations at State and local levels.

   Senate Bill

   Sec. 2101. Subsection 503.

   This subsection amends the Technology Deployment Initiatives and Partnerships Program and the Innovative Bridge Research and Construction Program under section 503, Title 23, USC. The Technology Application Initiatives and Partnerships Program is established to accelerate the transportation community's adoption of innovative technologies. As amended, the focus on bridge structures under the Innovative Surface Transportation Infrastructure Research and Construction Program is expanded to include all highway structures.

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   Conference Substitute

   The Conference adopts the House provision with some modifications. Alternative materials, asphalt, and alkali silica reactivity (ASR) authorized under Senate section 2001 are added to this section. Project and programs related to ASR should further development and deployment of techniques to prevent and mitigate alkali silica reactivity, including lithium based techniques, and assist states in inventorying existing structures for ASR.

   The Conference also provides for research on wood composite materials in multi-modal transportation facilities.

   SEC. 5204. TRAINING AND EDUCATION

   House Bill

   Sec. 5205.

   The National Highway Institute--the training office of the Federal Highway Administration--is continued and the general topics for courses that it develops and administers are specified. The Local Technical Assistance Program (LTAP) is reauthorized. The federal share for State LTAP grant recipients is up to 50 percent and the share for tribal technical assistance centers is 100 percent. Federal law is revised to allow states to spend NHS, IM, STP, CMAQ, and Bridge funds for transportation workforce development, training, and education. The federal share is 100 percent for the workforce development activities. This section also authorizes the Garrett A. Morgan Technology and Transportation Education program.

   Sec. 5206.

   This section establishes a Freight Planning Capacity Building Program to improve the capabilities of Metropolitan Planning Organizations (MPOs) and other planning agencies in transportation planning for freight.

   Senate Bill

   Sec. 2101. Subsection 504.

   Section 504(a)(3) of title 23 is modified to emphasize asset management and the application of emerging technologies as two areas in which the Institute shall develop courses. The section identifies additional courses to be developed by the Institute, in consultation with state departments of transportation and the American Association of State Highway and Transportation Officials. Also included is the requirement for the Institute to periodically review courses and to make revisions or cease to offer courses as necessary. The cost for course development is now explicitly stated as part of the cost of training and education to be paid by a private entity or person, unless otherwise determined by the Secretary.

   Section 504(a)(7) of title 23 is modified by removing the limitation on the amount of fees that the Institute can collect in any fiscal year. Funds made available to carry out this section may now be combined with or held separately from fees collected under memoranda of understanding, regional compacts, and other similar agreements, in addition to being combined with or held separately from fees collected under this section as previously allowed.

   Changes to the Local Technical Assistance Program add incident response and operations as areas in which the Secretary can assist transportation agencies and governments under grants, cooperative agreements, and contracts. Where urbanized areas are cited, the qualifying definition of population sizes between 50,000 and 100,000 is no longer included. Finally, ``regional cooperation'' is promoted under Section 504(2)(C) as an area for assisting urban transportation agencies.

   The Dwight David Eisenhower Transportation Fellowship Program is continued to allow the Secretary to make grants for research fellowships for the purpose of attracting qualified students to the field of transportation.

   Conference Substitute

   The Conference adopts the House provision with some modifications to include Senate language on LTAP, ``Courses,'' and definitions.

   SEC. 5205. STATE PLANNING AND RESEARCH

   House Bill

   No comparable provision in House bill

   Senate Bill

   Sec. 2101. Subsection 505.

   This subsection amends the program of funding to States for research, development, and technology transfer activities. The section now provides for the sliding scale to be applicable to the Federal share of the cost of a project (i.e., 80% unless determined otherwise by the Secretary). This subsection adds that State Planning and Research (SPR) funds may be used for the purposes authorized under the International Highway Transportation Outreach Program of section 506.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 5206. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH PROGRAM

   House Bill

   No comparable provision in House bill

   Senate Bill

   Sec. 2101. Subsection 506.

   The International Highway Transportation Outreach Program under section 506, title 23 USC is continued. A new provision requires that for each fiscal year, the Secretary submits a report to Congress that describes the destinations and costs of international travel conducted in carrying out activities under this program.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 5207. SURFACE TRANSPORTATION ENVIRONMENT AND PLANNING COOPERATIVE RESEARCH PROGRAM

   House Bill

   Sec. 5203.

   This section establishes a new research program to study the interaction between transportation and the environment. The program will be managed and administered by the National Academy of Sciences. An Advisory Committee, appointed by the Secretary, and with a balanced membership representing transportation and environmental perspectives, will recommend the national research agenda for this program.

   Senate Bill

   Sec. 2101. Subsection 507.

   The Surface Transportation-Environment Cooperative Research Program under title 23 is modified to include a provision for the Secretary to administer the program and sharpen the focus of the research through stakeholder input via workshops, symposia, and expert panel.

   Conference Substitute

   The Conference adopts the Senate provision. The Conference notes the need to understand the complex relationship between surface transportation and the environment.

   SEC. 5208. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING

   House Bill

   Sec. 5213.

   This section directs the Secretary to develop a five-year strategic plan for transportation research and development. The plan will describe the primary purposes of the transportation research and development program and describe the topic areas the Department intends to pursue to accomplish each purpose.

   Senate Bill

   Sec. 2101. Subsection 508.

   The subsection continues the requirement of the Secretary to establish a strategic planning process for research and adds a provision for establishing a Surface Transportation Research Technology Advisory Committee to provide program advice to the Secretary.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 5209. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH PROGRAM

   House Bill

   Sec. 5208.

   The National Academy of Sciences will manage and administer a freight transportation research program. The program's purpose is to discover improved ways to provide surface transportation mobility for freight movement. An Advisory Committee will be appointed by the Academy and will include a representative cross-section of freight stakeholders. The Advisory Committee is directed to recommend a national research agenda for this program.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 5210. FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM

   House Bill

   Sec. 5209.

   This section establishes the Future Strategic Highway Research Program (F-SHRP), which is to be carried out by the National Academy of Sciences. F-SHRP is modeled on the Strategic Highway Research Program that was established by Congress in 1987. TEA 21 directed a study be conducted to determine the research agenda for a new strategic highway research program. F-SHRP will carry out the recommendations made by the study and will focus on four specific research areas--renewal of aging highway infrastructure, human factors related to highway safety, reducing highway congestion, and planning and designing new highway capacity. Projects and researchers will be selected to conduct research for the program on the basis of merit and open solicitation of proposals.

   Sec. 5214.

   This section makes claims against the National Academy of Sciences, for activities conducted under 510 U.S.C. 23, subject to the same limitations and exceptions applicable to claims against the United States.

   Senate Bill

   Sec. 2101. Subsection 509.

   This subsection establishes a new strategic highway program based on the Future Strategic Highway Research Program (F-SHRP) recommended in TRB Special Report 260: Strategic Highway Research: Saving Lives, Reducing Congestion, Improving Quality of Lives. Under this program, the National Research Council shall establish and carry out the strategic highway program. The program shall consider, at a minimum, the results of studies relating to the implementation of the Strategic Highway Safety Plan prepared by the American Association of State Highway and Transportation Officials (AASHTO).

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In administering the program, the National Research Council shall acquire a qualified, permanent core staff, and ensure that identified stakeholders are involved in the program.

   Before October 1, 2007, the Secretary is required to enter into a contract with the TRB for completing a report on implementing results of the new strategic highway program. The Secretary shall submit the report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 5211. MULTISTATE CORRIDOR OPERATIONS AND MANAGEMENT

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 2101. Subsection 511.

   This subsection provides for grants to the Interstate Route I-95 corridor coalition for intelligent transportation system management and operations.

   Conference Substitute

   The Conference adopts the Senate provision.

   Subtitle C--Intelligent Transportation System Research

   SEC. 5301. NATIONAL ITS PROGRAM PLAN

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 2201. Subsection 525.

   This subsection continues the requirement for the Secretary to develop a National Program Plan for ITS. The National ITS program addresses program goals, objectives, and milestones, and must be maintained and updated as necessary and submitted to Congress as part of the Surface Transportation Research Strategic Plan.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 5302. USE OF FUNDS

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 2201. Subsection 529.

   This subsection authorizes funding for ITS outreach materials and items.

   Conference Substitute

   The Conference adopts the Senate provision with a reduction in the authorized amount.

   SEC. 5303. GOALS AND PURPOSES

   House Bill

   Sec. 5602.

   The goals and purposes of the Intelligent Transportation Systems Program are articulated. While the wording is different from TEA 21, the substance is similar.

   Senate Bill

   Sec. 2102. Subsection 522.

   This subsection modifies the goals and purposes of the ITS program. New goals are added to reflect the expanded interests for the program. Other modifications reflect changes in emphasis for a number of program activities.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 5304. INFRASTRUCTURE DEVELOPMENT

   House Bill

   Sec. 5606.

   This section states that funds made available in this subtitle shall be used for ITS infrastructure and not for conventional highway and transit infrastructure.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 5305. GENERAL AUTHORITIES AND REQUIREMENTS

   House Bill

   Sec. 5603.

   This section grants the Secretary authority to use an advisory committee to carry out this subtitle.

   Senate Bill

   Sec. 2201. Subsection 524.

   This subsection makes changes to general authorities and requirements under TEA-21 that provide ITS program scope, policy, and the requirements of the Secretary. The Secretary is required to consult with the Secretary of Homeland Security along with other Federal officials. This subsection adds requirements for the program advisory committee authorized by section 5204(h) of TEA-21, and also includes the amount of funding available for the committee. Also, the Secretary is required to issue revised guidelines and requirements for evaluating operational test and other projects.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 5306. RESEARCH AND DEVELOPMENT

   House Bill

   Sec. 5605.

   The Secretary is directed to carry out a comprehensive Intelligent Transportation Systems research, development, and operational test program with priority given to enhancing mobility and productivity, enhancing safety, and integrating vehicle and infrastructure technologies.

   Senate Bill

   Sec. 2102. Subsection 528.

   This subsection continues ITS research and development program authorized under TEA-21. Under this subsection, the types of projects and activities that receive funding priority are greatly broadened. Changes reflect new focus areas, including activities to support goals for a national 5-1-1 traveler information system and reducing metropolitan congestion by 5 percent by 2010.

   Conference Substitute

   The Conference adopts the House provision, with the inclusion of two items from the Senate priority list.

   SEC. 5307. NATIONAL ARCHITECTURE AND STANDARDS

   House Bill

   Sec. 5604.

   The Secretary is directed to develop, implement and maintain a national architecture for Intelligent Transportation Systems, as well as the supporting standards and protocols, to promote the widespread use of Intelligent Transportation Systems. The Secretary shall designate a panel of experts to advise the Secretary on ways to expedite development of standards. Any Intelligent Transportation Systems projects that use Highway Trust Fund monies shall conform to the national architecture and applicable standards.

   Senate Bill

   Sec. 2102. Subsection 526.

   This subsection continues the general requirements and activities related to the national architecture and standards. Changes under this subsection reflect the completion of several requirements specified in TEA-21. These include the report to Congress on critical standards and the provision for a communication spectrum for ITS. Deployment is no longer emphasized as a direct activity of the Secretary. Exceptions to conformity with the national ITS architecture no longer include upgrades or expansions of existing systems, as allowed under TEA-21.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 5308. ROAD WEATHER RESEARCH AND DEVELOPMENT PROGRAM

   House Bill

   Sec. 5607.

   This section establishes a program to enhance the development and use of road weather information and technologies.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 5309. CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE

   House Bill

   Sec. 5610.

   This section directs the Secretary to establish three centers for surface transportation excellence--including centers for environmental excellence, rural safety, and project finance--and outlines the goals, roles, and administration of the centers.

   Senate Bill

   Sec. 2103.

   This section establishes five centers for surface transportation excellence in areas of Environmental Excellence, Operations Excellence, Excellence in Surface Transportation Safety, Excellence in Project Finance, and Excellence in Asset Management.

   Conference Substitute

   The Conference adopts the House provision with modifications.

   SEC. 5310. DEFINITIONS

   House Bill

   Sec. 5608.

   This section defines key terms, including ITS, Intelligent Transportation Infrastructure, National Architecture, Standard, and Transportation Systems Management and Operations.

   Senate Bill

   Sec. 2102.

    Subsection 523.

   This subsection deletes the word `corridor' from terms used in the new subtitle to reflect the deletion of the corridor development program under TEA-21. Terms relating to commercial vehicle operations are moved to the subsection on commercial vehicle systems.

   Conference Substitute

   The Conference adopts the House provision with the addition of ``photonics'' to the ITS definitions.

   Subtitle D--University Transportation Research; Scholarship Opportunities

   SEC. 5401. NATIONAL UNIVERSITY TRANSPORTATION CENTERS

   House Bill

   Sec. 5301.

   This section provides for national university transportation centers and states that

[Page: H7500]

the role of such centers shall be to advance significantly transportation research on critical national transportation issues and to expand the workforce of transportation professionals.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House provision with some modifications. The number of National University Transportation Centers is increased from five to ten.

   SEC. 5402. UNIVERSITY TRANSPORTATION RESEARCH

   House Bill

   Sec. 5302.

   This section provides for grants to be made to University Transportation Centers (UTCs). Funding is available to ten Regional University Transportation Centers, ten Tier I Centers, and ten Tier II Centers. The purpose of UTCs is to significantly advance the state-of-the-art in transportation research and expand the workforce of transportation professionals through research, education and technology transfer. Regional UTCs, Tier I Centers, and Tier II Centers will be subject to competitive selection every four years and all institutions must meet eligibility criteria to qualify for competition. The research and education activities of each Center must support a national strategy for surface transportation research. Each Center must match each dollar of federal grant funds with one dollar of local funds.

   Senate Bill

   Sec. 2101. Subsection 510.

   This subsection modifies the existing university transportation research program. Awards are increased from thirty three (33) to forty (40) eligible institutions. The subsection continues the establishment of one (1) regional center at institutions in each of the ten (10) Federal regions. A new provision allows locating no more than one center (or one lead university in a consortia) in any State. Regional centers are selected based on proposals requested by the Secretary; the section provides for naming the remaining institutions. All grantees must otherwise meet specified requirements that include a 6-year program plan and annual report to the Secretary on projects and activities. A peer review is required for reports on research under this program. The Secretary must coordinate activities of the centers and operate a clearinghouse for the dissemination of results from activities. Restrictions have been placed on the amount of funds available to centers that can be used for faculty positions, laboratory facilities, student internships, and administration.

   Conference Substitute

   The Conference adopts the House provision with some modifications. There will be twenty-two strategically designated Tier II Centers as well as updated competition dates for Regional and Tier I Centers.

   Subtitle E--Other Programs