S.Amdt. 631

SA 631. Mr. BOND submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 1234, strike lines 8 and all that follows through
``prevent'' on page 1235, line 1, and insert the following
``(b) Notice and Approval.--The State shall serve written
notice to the Secretary or the Board, as the case may be, of
any proposed civil action under subsection (a). The notice
shall include a copy of the complaint to be filed, as well as
other such information as the Secretary may require in order
to evaluate the proposed action. Prior to initiating such
civil action, the State shall obtain the written approval of
the Secretary or the Board, as the case may be. Approval
shall only be granted if--
(1) the carrier or broker (as such terms are defined in
section 13102 of title 49, United States Code) is not
registered with the Department of Transportation; or
(2) the license of a carrier or broker is pending
revocation for failure to file proof of the required bodily
injury or cargo liability insurance or has been revoked for
any other reason by the Department of Transportation; or
(3) the carrier is not rated or has received a
conditional or unsatisfactory safety rating by the Department
of Transportation; or
(4) the carrier or broker has been licensed with the
Department of Transportation for less than five (5) years.
(c) Authority To Intervene.--Once approval has been
granted under subsection (b), nothing in this section shall
be construed to limit the independent authority of the
Secretary or Board to intervene and be heard on all matters
arising in civil action under subsection (a).
(d) Construction.--For purposes of bringing any civil
action under subsection (a), nothing in this section shall--
(1) convey a right to initiate or maintain class action
lawsuits to enforce Federal laws or regulations; or
(2) prevent
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