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

   Forgives certain debts of the Lane County Transit District and the Pee Dee Regional Transit Authority.

   SEC. 3048. COOPERATIVE PROCUREMENT

   House Bill

   Sec. 3044.

   This section directs the Secretary to review the practice of cooperative procurement of transit rolling stock, such as buses and rail cars. A pilot program is currently underway at the Federal Transit Administration to determine the benefits of encouraging cooperative procurement of major capital equipment. The program consists of three competitively selected grantees, consortiums of grantees, or members of the private sector acting as agents of grantees, who will develop cooperative specifications and conduct joint procurements. For this program, the Federal share was increased from 80 percent to 90 percent. The Secretary is also directed to consider information gathered from grantees about cooperative procurement, whether or not related to the pilot program. The Secretary is directed to notify the Committee on Transportation and Infrastructure and the Senate Committee on Banking, Housing, and Urban Affairs of the results of the cooperative procurement review, and make a finding of whether this program has sufficient merit to be formally incorporated in the Federal public transportation program.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   Adopts the House proposal.

   SEC. 3049. TRANSIT PASS TRANSPORTATION FRINGE BENEFITS.

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 6044.

   The Senate bill includes two provisions related to transportation fringe benefits. Section 6004(a) requires the Secretary of Transportation to conduct a study of tax-free transit benefits and ways to promote improved access to and increased usage of such benefits at Federal agencies in the National Capital Region (NCR). Executive Order #13150 requires such benefits to be offered at executive agencies in the NCR, and the study is designed to determine how agencies are implementing that requirement and what the impact has been on congestion and pollution in the NCR.

   Section 6004(b) would remove the restriction that prohibits a Federal agency from operating a shuttle service to a transit facility. By improving access to commuting alternatives, Federal agencies will be able to provide a benefit to their employees that will also help to reduce congestion and improve air quality across the nation.

   Conference Substitute

   The conferees replaced the transit benefit study from the Senate bill with language codifying Executive Order #13150 and extending it to include the legislative and judicial branches and independent agencies. As a result, all qualified Federal employees in the National Capital Region will receive tax-free transit benefit to cover their commuting costs up to the maximum allowed by law.

   The conferees adopted the Senate provision regarding shuttle service with modifications. The language was clarified to make clear that the decision to provide shuttle service rests with the agency head. In addition, language was added to specify that an employee riding in a shuttle would not be considered to be within the scope of his or her office simply by virtue of the fact that the employee was using the shuttle service. Finally, language was added to make clear that time during which an individual uses the shuttle service should not be considered when calculating the hours of work or employment for that individual for purposes of Title 5 of the U.S. Code, including chapter 55 of that title. However, the conferees do not intend for this language or an employee's use of the shuttle service to be the basis for any disciplinary action.

   SEC. 3050. COMMUTER RAIL

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 6046.

   The Senate provision is intended to ensure timely completion of Rhode Island's commuter rail projects, which were authorized in TEA-21. Owing to the fact that commuter rail in Rhode Island is carried on Amtrak owned track, progress on completion of 2 new commuter stations requires Amtrak consent. The Senate bill ensures that the Secretary of Transportation has the authority to ensure that the projects authorized under Section 3030(c) (1)(A)(xliv) of the Federal Transit Act of 1998 and section 1214(g) of the Transportation Equity Act for the 21st Century (16 U.S.C. 668dd note) are successfully completed.

   Conference Substitute

   The Conference adopts the Senate proposal.

[Page: H7486]

   SEC. 3051. PARATRANSIT SERVICE IN ILLINOIS

   House Bill

   No comparable provision in House bill.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   This provision clarifies the authority of a regional or State agency in the State of Illinois to provide coordinated paratransit services and for the Federal Transit Administration to hold such provider accountable under the requirements of the Americans with Disabilities Act. In May 2005, the Illinois General Assembly passed legislation that will consolidate in one agency the paratransit services in the six-county Chicagoland region. Because FTA regulations do not contemplate that regional agencies would directly provide coordinated services in the manner set forth in this new State law, this provision sets forth explicit authority for FTA to audit the services provided by a regional or State agency, make recommendations, and take enforcement action if necessary against that agency.

   TITLE IV--MOTOR CARRIER SAFETY

   Subtitle A--Commercial Motor Vehicle Safety

   The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (P.L. 106-159) established the Federal Motor Carrier Safety Administration (FMCSA) within the Department of Transportation (DOT) on January 1, 2000. Prior to the enactment of MCSIA, commercial motor vehicle-related crashes resulting in fatalities and injuries had been steadily climbing and it was determined that the creation of a separate modal administration within the DOT would improve truck and bus safety. According to data compiled by the DOT, large trucks \1\ represent about three percent of registered vehicles; however, they account for 7 percent of the vehicle-miles traveled on our Nation's highways, and are involved in about 11 percent of all fatal crashes. \1\ Large truck is defined as a commercial motor vehicle with a gross vehicle weight of 10,001 pounds or more.

   FMCSA's primary responsibility is to enforce the Federal motor carrier safety and hazardous materials regulations, including the requirements governing Mexico-domiciled commercial motor vehicles operating in the United States. FMCSA also administers the Commercial Driver's License (CDL) program, oversees the interstate transportation of household goods, and all aspects of hazardous materials transportation via highway. FMCSA has been directed to accomplish these responsibilities through increased enforcement of the safety regulations, expedited completion of rulemaking proceedings, scientific research, and improved commercial driver's licensing programs.

   FMCSA has set a goal of reducing the rate of fatalities in large truck crashes by 39 percent between 1999, the year prior to the agency's creation, and 2008, from a rate of 2.7 fatalities per 100 million vehicle miles traveled (VMT) to a rate of 1.65. The commercial motor vehicle fatality rate, factoring in increases in VMT, was reduced to 2.28 in 2002, a reduction of 7 percent from 2001 when the rate was 2.45. The commercial motor vehicle fatality rate reduction in 2002 marked the fifth consecutive year the rate had been reduced. While the fatality rate has improved, in 2003, 4,986 people were killed in truck crashes, an increase of 47 deaths over 2002, and 122,000 people were injured. In addition, 723 truck drivers were killed in 2003, an increase of nearly 5 percent over the number of 2002 fatalities.

   SEC. 4101. AUTHORIZATION OF APPROPRIATIONS

   House Bill

   Sec. 4101.

   From the day of burro-drawn wagons moving our goods to the current day intermodal, just-in-time delivery system, commercial vehicles have always played an important role in our Nation's economy. This section provides funding from the Highway Trust Fund, other than the Mass Transit Account, for FMCSA to implement safety programs for fiscal years 2005 through 2009. Funding for the Motor Carrier Safety Assistance Program is authorized in section 4102 of this title. This bill authorizes FMCSA and its programs to be funded through contract authority. Under the Transportation Equity Act for the 21st Century (TEA-21), the agency's administrative expenses were funded through a deduction of the Federal Highway Administration's (FHWA) administrative expenses. This set-aside of Federal-aid funds is called a ``takedown''. The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (P.L. 106-159) amended TEA-21 by increasing the takedown to one-third of 1 percent from the FHWA's administrative expenses to administer FMCSA activities. Other than the first year of enactment, the takedown has proven to be ineffective for funding the motor carrier safety program adequately. In addition, the takedown has not been able to respond to additional safety and program needs created with the implementation of the North American Free Trade Agreement, and the security improvements needed in response to the terrorist attacks of September 11, 2001. Therefore, it is appropriate to create new contract authority for FMCSA expenses. In addition to authorizing administrative expenses, this section also authorizes three grant programs for commercial driver's license improvement, border enforcement, and performance and registration system management, as well as an authorization to carry out the commercial vehicle information systems and networks development program.

   Senate Bill

   Sec. 7103.

   This section would authorize the following appropriations from the Highway Trust Fund for FMCSA safety programs (excluding MCSAP) for FYs 2006 through 2009.

   For administrative expenses of the Federal Motor Carrier Safety Administration: FY 2006 $211,400,000; FY 2007 $217,500,000; FY 2008 $222,600,000; and FY 2009 $228,500,000.

   Border Enforcement Grants: FY 2006 $33,000,000; FY 2007 $34,000,000; FY 2008 $35,000,000; and FY 2009 $36,000,000.

   Performance and registration information system management grants program: $4,000,000 for each FYs 2006 through 2009.

   Commercial driver's license and driver improvement program grants: FY 2006 $23,000,000; FY 2007 $23,000,000; FY 2008 $24,000,000; and FY 2009 $25,000,000.

   Commercial vehicle information systems and networks deployment program: $25,000,000 for each FYs 2006 through 2009.

   Conference Substitute

   The conference adopts authorizing funds for FMCSA and its grant programs for FYs 2005 through 2009. For Motor Carrier Safety Grants: FY 2005 $188,480,000; FY 2006 $188,000,000; FY 2007 $197,000,000; FY 2008 $202,000,000; and FY 2009 209,000,000.

   For administrative expenses of the Federal Motor Carrier Safety Administration: FY 2005 $254,849,000; FY 2006 $213,000,000; FY 2007 $223,000,000; FY 2008 $228,000,000; and FY 2009 $234,000,000.

   Commercial Driver's License Program Improvement Grants: $25,000,000 for each FYs 2006 through 2009.

   Border Enforcement Grants: $32,000,000 for each FYs 2006 through 2009.

   Performance and Registration Information System Management Grants Program: $5,000,000 for each FYs 2006 through 2009.

   Commercial Vehicle Information Systems and Networks Deployment program: $25,000,000 for each FYs 2006 through 2009.

   SEC. 4102. INCREASED PENALTIES FOR OUT-OF-SERVICE VIOLATIONS AND FALSE RECORDS

   House Bill

   Sec. 4108.

   Subsection (a) doubles the penalties for recordkeeping violations under 49 U.S.C. 521(b)(2)(B) up to $1,000 for each day the offense continues, or up to $10,000 for an offense that misrepresents a non-recordkeeping violation. Subsection (b) increases to a maximum of $25,000 the civil penalty for a motor carrier that knowingly orders a driver to proceed despite an OOS order. Subsection (b) also increases a driver's penalty for a first offense to a 180-day disqualification and a civil penalty of at least $2,500, and, for a second offense, to a two- to five-year disqualification and a civil penalty of up to $5,000.

   Senate Bill

   Sec. 7113.

   The civil penalties for recordkeeping violations are $500 for each day the offense continues, up to a maximum of $5,000, or $5,000 for each recordkeeping violation that can be shown to have misrepresented a fact constituting a non-recordkeeping violation. Subsection (a) would double these penalties to up to $1,000 for each day the offense continues, or up to $10,000 for an offense that misrepresents a non-recordkeeping violation. Recordkeeping violations frequently have no other purpose than to conceal a safety violation, and they often succeed. Higher penalties should reduce both the number of recordkeeping violations and, indirectly, the number of safety violations as well. The current penalties for a driver who violates an out-of-service (OOS) order are, for a first offense, a 90-day disqualification from operating a CMV and a civil penalty of at least $1,000 and for a second offense, disqualification for one to five years and a civil penalty of at least $1,000. An employer who knowingly allows or requires a driver to violate an OOS order is subject to a civil penalty of up to $10,000. OOS orders can be issued for a variety of reasons: for failure to pay civil penalties on schedule; for having an unsatisfactory safety rating; for violating the agency's hours-of-service or equipment regulations; or because the motor carrier constitutes an imminent hazard. Enforcement officers cannot afford to spend hours monitoring a single OOS vehicle, and tracking possible movements of an entire OOS fleet is even more difficult. As a result, many OOS orders are violated. One effective deterrent to violating an OOS order is to raise the cost to violators. Subsection (b) would increase to a maximum of $25,000 the civil penalty for a motor carrier that knowingly orders a driver to proceed despite an OOS order. An employer who knowingly and willfully ignores OOS orders is liable to imprisonment for up to a year or a fine of up to $100,000 if the violation did not result in death, or up to $250,000 if it did result in death, or both. The section also would increase penalties for drivers who decide on their own to ignore an OOS order. Subsection (b) would increase a driver's penalty for a first offense to a 180-day disqualification and a civil penalty of at least $2,500, and, for a second offense, to a two to five year disqualification and a civil penalty of up to $5,000.

[Page: H7487]

   Conference Substitute

   The conference adopts the House approach. The conference also adopts the House approach found in Sec. 4213 of the House bill, which permits imprisonment, under Title 18, if an employer knowingly and willfully allows an employee to operate a CMV out-of-service.

   SEC. 4103. PENALTY FOR DENIAL OF ACCESS TO RECORDS

   House Bill

   Sec. 4106.

   This provision creates the new section, 521(b)(2)(E), which creates a financial penalty to dissuade any uncooperative carriers or shippers from denying or impeding FMCSA's legitimate access to records.

   Senate Bill

   Sec. 7109.

   FMCSA investigators have broad authority to inspect and copy motor carrier and shipper records and most carriers and shippers readily grant access to requested records. Some, however, deliberately impede the investigative process by refusing to set an audit date, or, after setting a date, by ordering investigators off the premises, occasionally with a show of force. Others take a more subtle approach, feigning illness or declaring an emergency during the audit, pleading inability to produce records because of the absence of key personnel, or delivering documents at a pace designed to prolong the audit beyond the time available to the investigator. While investigators can issue an administrative subpoena for documents, refusal to comply requires the agency to file an action in Federal court to enforce the subpoena. This process, though effective, is relatively slow and labor-intensive, and the cost to a carrier or shipper who does not seriously contest the action is minimal. This section would create a financial penalty to dissuade uncooperative carriers and shippers from denying or impeding FMCSA's legitimate access to records.

   Conference Substitute

   The conference adopts the Senate approach, with the inclusion of the House penalty amounts.

   SEC. 4104. REVOCATION OF OPERATING AUTHORITY

   House Bill

   No comparable provision in House bill.

   Senate Bill

   SEC. 7116.

   This section would authorize the Secretary to suspend the registration of a motor carrier, a freight forwarder, or a broker for failing to comply with safety regulations established by the Secretary. In addition, the Secretary would be required to revoke the registration of a motor carrier that has failed to comply with Federal safety fitness requirements. The Secretary also would be required to revoke the registration of a motor carrier whose operations are an imminent hazard to public health or property. In order to suspend or revoke a registration, the Secretary must give prior notice to the registrant.

   Conference Substitute

   The conference adopts the Senate approach.

   SEC. 4105. STATE LAWS RELATING TO VEHICLE TOWING

   House Bill

   Sec. 4136.

   This section permits states to create laws requiring towing companies to have prior written consent by the property or the property owner or lessee be present at the time the vehicle is towed.

   Senate Bill

   Sec. 7129.

   This section permits states to create laws requiring towing companies to have prior written consent by the property or the property owner or lessee be present at the time the vehicle is towed. Also, the Secretary of Transportation must conduct a review of Federal, State, and local regulations relating to tow truck operations and conduct a study to identify issues related to the protection of consumer rights and identify potential remedies.

   Conference Substitute

   The conference adopts the House and Senate provisions to allow states to make laws requiring towing companies to have prior written consent or require the property owner or lessee to be present during a tow. The conference also agreed to require the Secretary of Transportation to study the issues relating to consumer protection of those who are towed and potential remedies.

   SEC. 4106. MOTOR CARRIER SAFETY GRANTS

   House Bill

   Sec. 4102.

   Subsection (a) of this section reauthorizes MCSAP, with a number of changes. In addition to increases in authorized funding levels, the program would be amended to require the States to include five new requirements in their annual commercial vehicle safety plans: the implementation of performance-based activities, the establishment of a program ensuring accurate, complete, and timely motor carrier safety data is collected, reports, and corrected if incorrect, States including in their training manuals, for all drivers' licensing examinations, information about best practices for safely sharing the road with trucks and cars, enforcing the registration requirements of section 13902, of title 49, United States Code, by removing from service vehicles that are unregistered or operating beyond the scope of their registration, and States conducting highly visible traffic enforcement programs in locations or corridors that have been identified as having a high incidence of truck crashes.

   Subsection (b) of this section details the new activities, such as enforcement of non-commercial motor vehicles when behavior of the drivers increases the risk of crashes, which States can use funds provided under the MCSAP. The Committee intends this new MCSAP authority to be used in direct relation to conducting highly visible roadside enforcement activities in high crash corridors. Subsection (c) of this section authorizes funding for the MCSAP. This funding is for the basic grant program, high priority grants, and the new entrant program. This bill does not continue the incentive program for MCSAP.

   Subsection (d) of this section provides FMCSA the authority to provide grants without a matching requirement to the States to conduct safety audits of new entrant motor carriers. This subsection also increases the current amount of MCSAP funding available for high priority activities to 10 percent of the total funds authorized. In addition, this subsection also allows the Secretary to use up to $15,000,000 each fiscal year to conduct safety audits of new entrant motor carriers described in subsection (c).

   Senate Bill

   Sec. 7107.

   This section provides language that ensures that inspections on motor carriers of passengers are conducted at stations, terminals, border crossings, or maintenance facilities, except in the case of an imminent or obvious hazard. It will provide that the training manual for the licensing examination to drive a motor vehicle of the State will include information on best practices for driving safely in the vicinity of motor vehicles. It also provides that the State will suspend the operation of any vehicle found to be operating without registration or beyond the scope of its registration. Under this section there are grants for activities carried out in conjunction with an appropriate inspection of a CMV to enforce Government or State regulations, including regulating commercial motor vehicle size and weight limitations at locations other than fixed weight facilities, at ports, or at other specific locations and for the detection of unlawful presence of controlled substance in a commercial motor vehicle or on any occupant of the vehicle. These grants are also for enforcement of State traffic laws and regulations designed for the safe operation of commercial motor vehicles. The Secretary may allocate new entrant motor carrier audit funds to States and local governments without requiring a matching contribution from such States or local governments. This section authorizes the following amounts from the Highway Trust Fund to carry out section 31102:

    .2006 $193,620,000

    .2007 $197,490,000

    .2008 $201,440,000

    .2009 $205,470,000

   Conference Substitute

   The conference adopts the House section (a) State Plan Contents and adds a modified version of the Senate's paragraph (U) regarding the location of bus inspections. The conference adopts the House section (b) Use of Grants to Enforce Other Laws with a modification of paragraph (c)(2). The conference agrees the states may not use more than 5% of the base amount the state receives for non-commercial motor vehicle enforcement. The state must maintain its level of inspection effort equal to the average amount from FY 2003, 2004, and 2005.

   The Conference supports the use of new technologies, such as the Hazmat Trucking Enforcer, that enable inspectors to conduct inspections in a more effective manner. The Committee notes that States must be in substantial compliance with a number of requirements under 49 U.S.C. 31102 as a condition of receiving MCSAP funding, including requirements to deploy technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs under 49 U.S.C 31102(b)(1)(A), as amended.