PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL FUEL TAX AGREEMENT.

SEC. 4008. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL FUEL TAX AGREEMENT. (a) Working Group.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a working group comprised of State and local government officials, including representatives of the National Governors’ Association, the American Association of Motor Vehicle Administrators, the National Conference of State Legislatures, the Federation of Tax Administrators, the Board of Directors for the International Fuel Tax Agreement, and a representative of the Regional Fuel Tax Agreement, for the purpose of— (1) proposing procedures for resolving disputes among States participating in the International Registration Plan and among States participating in the International Fuel Tax Agreement including designation of the Department of Transportation or any other person for resolving such disputes; and (2) providing technical assistance to States participating or seeking to participate in the Plan or in the Agreement. (b) Consultation Requirement.— The working group established under this section shall consult with members of the motor carrier industry in carrying out subsection (a). (c) Reports.— Not later than 24 months after the date of the enactment of this Act, the working group established under this section shall transmit a report to the Secretary, to the Committee on Commerce, Science, and Transportation of the Senate, to the Committee on Public Works and Transportation and the Committee 105 STAT. 2154on the Judiciary of the House of Representatives, to those States participating in the International Registration Plan, and to those States participating in the International Fuel Tax Agreement. The report shall contain a detailed statement of the findings and conclusions of the working group, together with its joint recommendations concerning the matters referred to in subsection (a). After transmission of such report, the working group may periodically review and modify the findings and conclusions and the joint recommendations as appropriate and transmit a report containing such modifications to the Secretary and such committees. (d) Applicability of Advisory Committee Act.— The working group established under this section shall not be subject to the Federal Advisory Committee Act. (e) Grants.— (1) In general.— The Secretary may make grants to States and appropriate persons for the purpose of facilitating participation in the International Registration Plan and participation in the International Fuel Tax Agreement and for the purpose of administrative improvements in any other base State fuel use tax agreement in existence as of January 1, 1991, including such purposes as providing technical assistance, personnel training, travel costs, and technology and equipment associated with such participation. (2) Contract authority.— Notwithstanding any other provision of law, approval by the Secretary of a grant with funds made available under this section shall be deemed a contractual obligation of the United States for payment of the Federal share of the grant. (f) Vehicle Registration.— After September 30, 1996, no State (other than a State which is participating in the International Registration Plan) shall establish, maintain, or enforce any commercial motor vehicle registration law, regulation, or agreement which limits the operation of any commercial motor vehicle within its borders which is not registered under the laws of the State if the vehicle is registered under the laws of any other State participating in the International Registration Plan. (g) Fuel Use Tax.— (1) Reporting requirements.— After September 30, 1996, no State shall establish, maintain, or enforce any law or regulation which has fuel use tax reporting requirements (including tax reporting forms) which are not in conformity with the International Fuel Tax Agreement. (2) Payment.— After September 30, 1996, no State shall establish, maintain, or enforce any law or regulation which provides for the payment of a fuel use tax unless such law or regulation is in conformity with the International Fuel Tax Agreement with respect to collection of such a tax by a single base State and proportional sharing of such taxes charged among the States where a commercial motor vehicle is operated. (3) Limitation.— For purposes of paragraphs (1) and (2), in the event of an amendment to the International Fuel Tax Agreement, conformity by a State that is not participating in such Agreement when such amendment is made may not be required with respect to such amendment until a reasonable time period for such conformity has elapsed, but in no case earlier than— (A) the expiration of the 365-day period beginning on the first day that the corresponding compliance with such 105 STAT. 2155amendment is required of States that are participating in such Agreement; or (B) the expiration of the 365-day period beginning on the day the relevant office of the State receives written notice of such amendment from the Secretary. (4) Exception.— Paragraphs (1), (2), and (3) shall not apply with respect to a State that participates on January 1, 1991, in the Regional Fuel Tax Agreement and that continues to participate after such date in such Agreement. (h) Enforcement.— (1) Action.— On the request of the Secretary, the Attorney General may commence, in a court of competent jurisdiction, a civil action for such injunctive relief as may be appropriate to ensure compliance with subsections (f) and (g). (2) Venue.— Such action may be commenced only in the State in which relief is required to ensure such compliance. (3) Relief.— Subject to section 1341 of title 28, United States Code, such court, upon a proper showing— (A) shall issue a temporary restraining order or a preliminary or permanent injunction; and (B) may require in such injunction that the State or any person comply with such subsections. (i) Limitations on Statutory Construction.— Nothing in subsections (D and (g) shall be construed as limiting the amount of money a State may charge for registration of a commercial motor vehicle or the amount of any fuel use tax a State may impose. (j) Funding.— There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal year 1992 $1,000,000 for funding the activities of the working group under this section and $5,000,000 for making grants under subsection (e). Amounts authorized by the preceding sentence shall be subject to the obligation limitation established by section 102 of this Act for fiscal year 1992. From sums made available under section 404 of the Surface Transportation Assistance Act of 1982, the Secretary shall provide for each of fiscal years 1993 through 1997 $1,000,000 for funding the activities of the working group under this section and $5,000,000 for making grants under subsection (e). Such sums shall remain available until expended. (k) Definitions.— In this section, the following definitions apply: (1) Commercial motor vehicle.— The term “commercial motor vehicle”— (A) as used with respect to the International Registration Plan, has the meaning the term “apportionable vehicle” has under such plan; and (B) as used with respect to the International Fuel Tax Agreement, has the meaning the term “qualified motor vehicle” has under such agreement. (2) Fuel use tax.— The term “fuel use tax” means a tax imposed on or measured by the consumption of fuel in a motor vehicle. (3) International fuel tax agreement— The term “International Fuel Tax Agreement” means the interstate agreement for the collection and distribution of fuel use taxes paid by motor carriers, developed under the auspices of the National Governors’ Association. (4) International registration plan.— The term “International Registration Plan” means the interstate agreement for 105 STAT. 2156the apportionment of vehicle registration fees paid by motor carriers, developed by the American Association of Motor Vehicle Administrators. (5) Regional fuel tax agreement.— The term “Regional Fuel Tax Agreement” means the interstate agreement for the collection and distribution of fuel use taxes paid by motor carriers in the States of Maine, Vermont, and New Hampshire. (6) State.— The term “State” means the 48 contiguous States and the District of Columbia.