[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3419 Enrolled Bill (ENR)]
H.R.3419
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
An Act
To amend title 49, United States Code, to establish the Federal Motor
Carrier Safety Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Motor Carrier
Safety Improvement Act of 1999''.
(b) Table of Contents.--

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In this Act, the term ``Secretary'' means the Secretary of
Transportation.

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TITLE II

-COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY

Congress makes the following findings:
(1) The current rate, number, and severity of crashes involving
motor carriers in the United States are unacceptable.
(2) The number of Federal and State commercial motor vehicle
and operator inspections is insufficient and civil penalties for
violators must be utilized to deter future violations.
(3) The Department of Transportation is failing to meet
statutorily mandated deadlines for completing rulemaking
proceedings on motor carrier safety and, in some significant safety
rulemaking proceedings, including driver hours-of-service
regulations, extensive periods have elapsed without progress toward
resolution or implementation.
(4) Too few motor carriers undergo compliance reviews and the
Department's data bases and information systems require substantial
improvement to enhance the Department's ability to target
inspection and enforcement resources toward the most serious safety
problems and to improve States' ability to keep dangerous drivers
off the roads.
(5) Additional safety inspectors and inspection facilities are
needed in international border areas to ensure that commercial
motor vehicles, drivers, and carriers comply with United States
safety standards.
(6) The Department should rigorously avoid conflicts of
interest in federally funded research.
(7) Meaningful measures to improve safety must be implemented
expeditiously to prevent increases in motor carrier crashes,
injuries, and fatalities.
(8) Proper use of Federal resources is essential to the
Department's ability to improve its research, rulemaking,
oversight, and enforcement activities related to commercial motor
vehicles, operators, and carriers.

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The purposes of this Act are--
(1) to improve the administration of the Federal motor carrier
safety program and to establish a Federal Motor Carrier Safety
Administration in the Department of Transportation; and
(2) to reduce the number and severity of large-truck involved
crashes through more commercial motor vehicle and operator
inspections and motor carrier compliance reviews, stronger
enforcement measures against violators, expedited completion of
rulemaking proceedings, scientifically sound research, and
effective commercial driver's license testing, recordkeeping and
sanctions.

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(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 113. Federal Motor Carrier Safety Administration
``(a) In General.--The Federal Motor Carrier Safety Administration
shall be an administration of the Department of Transportation.
``(b) Safety as Highest Priority.--In carrying out its duties, the
Administration shall consider the assignment and maintenance of safety
as the highest priority, recognizing the clear intent, encouragement,
and dedication of Congress to the furtherance of the highest degree of
safety in motor carrier transportation.
``(c) Administrator.--The head of the Administration shall be the
Administrator who shall be appointed by the President, by and with the
advice and consent of the Senate, and shall be an individual with
professional experience in motor carrier safety. The Administrator
shall report directly to the Secretary of Transportation.
``(d) Deputy Administrator.--The Administration shall have a Deputy
Administrator appointed by the Secretary, with the approval of the
President. The Deputy Administrator shall carry out duties and powers
prescribed by the Administrator.
``(e) Chief Safety Officer.--The Administration shall have an
Assistant Federal Motor Carrier Safety Administrator appointed in the
competitive service by the Secretary, with the approval of the
President. The Assistant Administrator shall be the Chief Safety
Officer of the Administration. The Assistant Administrator shall carry
out the duties and powers prescribed by the Administrator.
``(f) Powers and Duties.--The Administrator shall carry out--
``(1) duties and powers related to motor carriers or motor
carrier safety vested in the Secretary by chapters 5, 51, 55, 57,
59, 133 through 149, 311, 313, 315, and 317 and by section 18 of
the Noise Control Act of 1972 (42 U.S.C. 4917; 86 Stat. 1249-1250);
except as otherwise delegated by the Secretary to any agency of the
Department of Transportation other than the Federal Highway
Administration, as of October 8, 1999; and
``(2) additional duties and powers prescribed by the Secretary.
``(g) Limitation on Transfer of Powers and Duties.--A duty or power
specified in subsection (f)(1) may only be transferred to another part
of the Department when specifically provided by law.
``(h) Effect of Certain Decisions.--A decision of the Administrator
involving a duty or power specified in subsection (f)(1) and involving
notice and hearing required by law is administratively final.
``(i) Consultation.--The Administrator shall consult with the
Federal Highway Administrator and with the National Highway Traffic
Safety Administrator on matters related to highway and motor carrier
safety.''.
(b) Administrative Expenses.--Section 104(a)(1) of title 23, United
States Code, is amended--
(1) in paragraph (1) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), respectively, and by moving the text of
such clauses 2 ems to the right;
(2) in paragraph (1) by striking ``exceed 1\1/2\ percent of all
sums so made available, as the Secretary determines necessary--''
and inserting ``exceed--
``(A) 1\1/6\ percent of all sums so made available, as the
Secretary determines necessary--'';
(3) by striking the period at the end of paragraph (1)(A)(ii)
(as redesignated by paragraphs (1) and (2) of this subsection) and
inserting ``; and'' and the following:
``(B) one-third of 1 percent of all sums so made available,
as the Secretary determines necessary, to administer the
provisions of law to be financed from appropriations for motor
carrier safety programs and motor carrier safety research.'';
and
(4) by adding at the end the following:
``(4) Limitation on transferability.--Unless expressly
authorized by law, the Secretary may not transfer any sums deducted
under paragraph (1) to a Federal agency or entity other than the
Federal Highway Administration and the Federal Motor Carrier Safety
Administration.''.
(c) Conforming Amendments.--
(1) Chapter analysis.--The analysis for chapter 1 of title 49,
United States Code, is amended by adding at the end the following:
``113. Federal Motor Carrier Safety Administration.''.
(2) Federal highway administration.--Section 104 of title 49,
United States Code, is amended--
(A) in subsection (c)--
(i) by striking the semicolon at the end of paragraph
(1) and inserting ``; and'';
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as para-
graph (2);
(B) by striking subsection (d); and
(C) by redesignating subsection (e) as subsection (d).
(d) Positions in Executive Service.--
(1) Administrator.--Section 5314 of title 5, United States
Code, is amended by inserting after
``Administrator of the National Highway Traffic Safety
Administration.''
the following:
``Administrator of the Federal Motor Carrier Safety
Administration.''.
(2) Deputy and assistant administrators.--Section 5316 of title
5, United States Code, is amended by inserting after
``Deputy Administrator of the National Highway Traffic Safety
Administration.''
the following:
``Deputy Administrator of the Federal Motor Carrier Safety
Administration.
``Assistant Federal Motor Carrier Safety Administrator.''.
(e) Personnel Levels.--The number of personnel positions at the
Office of Motor Carrier Safety (and, beginning on January 1, 2000, the
Federal Motor Carrier Safety Administration) at its headquarters
location in fiscal year 2000 shall not be increased above the level
transferred from the Federal Highway Administration to the Office of
Motor Carrier Safety. The Secretary shall provide detailed
justifications to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives for the personnel
requested for fiscal years 2001, 2002, and 2003 for the Federal Motor
Carrier Safety Administration when the President submits his budget,
including a justification for increasing personnel at headquarters
above the levels so transferred.
(f) Authority to Promulgate Safety Standards for Retrofitting.--The
authority under title 49, United States Code, to promulgate safety
standards for commercial motor vehicles and equipment subsequent to
initial manufacture is vested in the Secretary and may be delegated.
(g) Conflicts of Interest.--
(1) Compliance with regulation.--In awarding any contract for
research, the Secretary shall comply with section 1252.209-70 of
title 48, Code of Federal Regulations, as in effect on the date of
the enactment of this section. The Secretary shall require that the
text of such section be included in any request for proposal and
contract for research made by the Secretary.
(2) Study.--
(A) In general.--The Secretary shall conduct a study to
determine whether or not compliance with the section referred
to in paragraph (1) is sufficient to avoid conflicts of
interest in contracts for research awarded by the Secretary and
to evaluate whether or not compliance with such section
unreasonably delays or burdens the awarding of such contracts.
(B) Consultation.--In conducting the study under this
paragraph, the Secretary shall consult, as appropriate, with
the Inspector General of the Department of Transportation, the
Comptroller General, the heads of other Federal agencies,
research organizations, industry representatives, employee
organizations, safety organizations, and other entities.
(C) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall transmit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of the
study conducted under this paragraph.

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TITLE I

-FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

(a) In General.--Chapter 1 of title 23, United States Code, is
amended--
(1) by redesignating the first section 110, relating to uniform
transferability of Federal-aid highway funds, as section 126 and
moving and inserting such section after section 125 of such
chapter; and
(2) in the remaining section 110, relating to revenue aligned
budget authority--
(A) in subsection (a)(2) by inserting ``and the motor
carrier safety grant program'' after ``relief)''; and
(B) in subsection (b)(1)(A)--
(i) by inserting ``and the motor carrier safety grant
program'' after ``program)'';
(ii) by striking ``title and'' and inserting
``title,''; and
(iii) by inserting ``, and subchapter I of chapter 311
of title 49'' after ``21st Century''.
(b) Conforming Amendment.--The analysis for such chapter is
amended--
(1) by striking
``110. Uniform transferability of Federal-aid highway funds.'';
(2) by inserting after the item relating to section 125 the
following:
``126. Uniform transferability of Federal-aid highway funds.'';
and
(3) in the item relating to section 163 by striking ``Sec.''.

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(a) In General.--There are authorized to be appropriated out of the
Highway Trust Fund (other than the Mass Transit Account) for the
Secretary of Transportation to carry out section 31102 of title 49,
United States Code, $75,000,000 for each of fiscal years 2001 through
2003.
(b) Increased Authorizations for Motor Carrier Safety Grants.--
(1) In general.--Section 4003 of the Transportation Equity Act
for the 21st Century (112 Stat. 395-398) is amended by adding at
the end the following:
``(i) Increased Authorizations for Motor Carrier Safety Grants.--
The amount made available to incur obligations to carry out section
31102 of title 49, United States Code, by section 31104(a) of such
title for each of fiscal years 2001 through 2003 shall be increased by
$65,000,000.''.
(2) Corresponding reduction to obligation ceiling.--Section
1102 of such Act (23 U.S.C. 104 note; 112 Stat. 1115-1118) is
amended by adding at the end the following:
``(j) Reduction in Obligation Ceiling.--The limitation on
obligations imposed by subsection (a) for each of fiscal years 2001
through 2003 shall be reduced by $65,000,000.''.
(c) Maintenance of Effort.--The Secretary may not make, from funds
made available by or under this section (including any amendment made
by this section), a grant to a State unless the State first enters into
a binding agreement with the Secretary that provides that the total
expenditures of amounts of the State and its political subdivisions
(not including amounts of the United States) for the development or
implementation of programs for improving motor carrier safety and
enforcement of regulations, standards, and orders of the United States
on commercial motor vehicle safety, hazardous materials transportation
safety, and compatible State regulations, standards, and orders will be
maintained at a level at least equal to the average level of such
expenditures for fiscal years 1997, 1998, and 1999.
(d) Emergency CDL Grants.--Section 31107 of title 49, United States
Code, is amended by adding at the end the following:
``(c) Emergency CDL Grants.--From amounts made available by
subsection (a) for a fiscal year, the Secretary of Transportation may
make a grant of up to $1,000,000 to a State whose commercial driver's
license program may fail to meet the compliance requirements of section
31311(a).''.
(e) State Compliance With CDL Requirements.--
(1) Withholding of allocation for noncompliance.--If a State is
not in substantial compliance with each requirement of section
31311 of title 49, United States Code, the Secretary shall withhold
all amounts that would be allocated, but for this paragraph, to the
State from funds made available by or under this section (including
any amendment made by this section).
(2) Period of availability of withheld funds.--Any funds
withheld under paragraph (1) from any State shall remain available
until June 30 of the fiscal year for which the funds are authorized
to be appropriated.
(3) Allocation of withheld funds after compliance.--If, before
the last day of the period for which funds are withheld under
paragraph (1) from allocation are to remain available for
allocation to a State under paragraph (2), the Secretary determines
that the State is in substantial compliance with each requirement
of section 31311 of title 49, United States Code, the Secretary
shall allocate to the State the withheld funds.
(4) Period of availability of subsequently allocated funds.--
Any funds allocated pursuant to paragraph (3) shall remain
available for expenditure until the last day of the first fiscal
year following the fiscal year in which the funds are so allocated.
Sums not expended at the end of such period are released to the
Secretary for reallocation.
(5) Effect of noncompliance.--If, on June 30 of the fiscal year
in which funds are withheld from allocation under paragraph (1),
the State is not substantially complying with each requirement of
section 31311 of title 49, United States Code, the funds are
released to the Secretary for reallocation.

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(a) Safety Goals.--In conjunction with existing federally required
strategic planning efforts, the Secretary shall develop a long-term
strategy for improving commercial motor vehicle, operator, and carrier
safety. The strategy shall include an annual plan and schedule for
achieving, at a minimum, the following goals:
(1) Reducing the number and rates of crashes, injuries, and
fatalities involving commercial motor vehicles.
(2) Improving the consistency and effectiveness of commercial
motor vehicle, operator, and carrier enforcement and compliance
programs.
(3) Identifying and targeting enforcement efforts at high-risk
commercial motor vehicles, operators, and carriers.
(4) Improving research efforts to enhance and promote
commercial motor vehicle, operator, and carrier safety and
performance.
(b) Contents of Strategy.--
(1) Measurable goals.--The strategy and annual plans under
subsection (a) shall include, at a minimum, specific numeric or
measurable goals designed to achieve the strategic goals of
subsection (a). The purposes of the numeric or measurable goals are
as follows:
(A) To increase the number of inspections and compliance
reviews to ensure that all high-risk commercial motor vehicles,
operators, and carriers are examined.
(B) To eliminate, with meaningful safety measures, the
backlog of rulemakings.
(C) To improve the quality and effectiveness of data bases
by ensuring that all States and inspectors accurately and
promptly report complete safety information.
(D) To eliminate, with meaningful civil and criminal
penalties for violations, the backlog of enforcement cases.
(E) To provide for a sufficient number of Federal and State
safety inspectors, and provide adequate facilities and
equipment, at international border areas.
(2) Resource needs.--In addition, the strategy and annual plans
shall include estimates of the funds and staff resources needed to
accomplish each activity. Such estimates shall also include the
staff skills and training needed for timely and effective
accomplishment of each goal.
(3) Savings clause.--In developing and assessing progress
toward meeting the measurable goals set forth in this subsection,
the Secretary and the Federal Motor Carrier Safety Administrator
shall not take any action that would impinge on the due process
rights of motor carriers and drivers.
(c) Submission With the President's Budget.--Beginning with fiscal
year 2001 and each fiscal year thereafter, the Secretary shall submit
to Congress the strategy and annual plan at the same time as the
President's budget submission.
(d) Annual Performance.--
(1) Annual performance agreement.--For each of fiscal years
2001 through 2003, the following officials shall enter into annual
performance agreements:
(A) The Secretary and the Federal Motor Carrier Safety
Administrator.
(B) The Administrator and the Deputy Federal Motor Carrier
Safety Administrator.
(C) The Administrator and the Chief Safety Officer of the
Federal Motor Carrier Safety Administration.
(D) The Administrator and the regulatory ombudsman of the
Administration designated by the Administrator under subsection
(f).
(2) Goals.--Each annual performance agreement entered into
under paragraph (1) shall include the appropriate numeric or
measurable goals of subsection (b).
(3) Progress assessment.--Consistent with the current
performance appraisal system of the Department of Transportation,
the Secretary shall assess the progress of each official (other
than the Secretary) referred to in paragraph (1) toward achieving
the goals in his or her performance agreement. The Secretary shall
convey the assessment to such official, including identification of
any deficiencies that should be remediated before the next progress
assessment.
(4) Administration.--In deciding whether or not to award a
bonus or other achievement award to an official of the
Administration who is a party to a performance agreement required
by this subsection, the Secretary shall give substantial weight to
whether the official has made satisfactory progress toward meeting
the goals of his or her performance agreement.
(e) Achievement of Goals.--
(1) Progress assessment.--No less frequently than semiannually,
the Secretary and the Administrator shall assess the progress of
the Administration toward achieving the strategic goals of
subsection (a). The Secretary and the Administrator shall convey
their assessment to the employees of the Administration and shall
identify any deficiencies that should be remediated before the next
progress assessment.
(2) Report to congress.--The Secretary shall report annually to
Congress the contents of each performance agreement entered into
under subsection (d) and the official's performance relative to the
goals of the performance agreement. In addition, the Secretary
shall report to Congress on the performance of the Administration
relative to the goals of the motor carrier safety strategy and
annual plan under subsection (a).
(f) Expediting Regulatory Proceedings.--The Administrator shall
designate a regulatory ombudsman to expedite rulemaking proceedings.
The Secretary and the Administrator shall each delegate to the
ombudsman such authority as may be necessary for the ombudsman to
expedite rulemaking proceedings of the Administration to comply with
statutory and internal departmental deadlines, including authority to--
(1) make decisions to resolve disagreements between officials
in the Administration who are participating in a rulemaking
process; and
(2) ensure that sufficient staff are assigned to rulemaking
projects to meet all deadlines.

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(a) Establishment.--The Secretary may establish a commercial motor
vehicle safety advisory committee to provide advice and recommendations
on a range of motor carrier safety issues.
(b) Composition.--The members of the advisory committee shall be
appointed by the Secretary and shall include representatives of the
motor carrier industry, drivers, safety advocates, manufacturers,
safety enforcement officials, law enforcement agencies of border
States, and other individuals affected by rulemakings under
consideration by the Department of Transportation. Representatives of a
single interest group may not constitute a majority of the members of
the advisory committee.
(c) Function.--The advisory committee shall provide advice to the
Secretary on commercial motor vehicle safety regulations and other
matters relating to activities and functions of the Federal Motor
Carrier Safety Administration.
(d) Termination Date.--The advisory committee shall remain in
effect until September 30, 2003.

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(a) Transfer of Assets and Personnel.--Except as otherwise provided
in this Act and the amendments made by this Act, those personnel,
property, and records employed, used, held, available, or to be made
available in connection with a function transferred to the Federal
Motor Carrier Safety Administration by this Act shall be transferred to
the Administration for use in connection with the functions
transferred, and unexpended balances of appropriations, allocations,
and other funds of the Office of Motor Carrier Safety (including any
predecessor entity) shall also be transferred to the Administration.
(b) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, settlements,
agreements, certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to become
effective by the Office, any officer or employee of the Office, or
any other Government official, or by a court of competent
jurisdiction, in the performance of any function that is
transferred by this Act or the amendments made by this Act; and
(2) that are in effect on the effective date of such transfer
(or become effective after such date pursuant to their terms as in
effect on such effective date),
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the Administration, any other authorized official, a court of competent
jurisdiction, or operation of law.
(c) Proceedings.--
(1) In general.--The provisions of this Act shall not affect
any proceedings or any application for any license pending before
the Office at the time this Act takes effect, insofar as those
functions are transferred by this Act; but such proceedings and
applications, to the extent that they relate to functions so
transferred, shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments shall
be made pursuant to such orders, as if this Act had not been
enacted; and orders issued in any such proceedings shall continue
in effect until modified, terminated, superseded, or revoked by a
duly authorized official, by a court of competent jurisdiction, or
by operation of law.
(2) Statutory construction.--Nothing in this subsection shall
be deemed to prohibit the discontinuance or modification of any
proceeding described in paragraph (1) under the same terms and
conditions and to the same extent that such proceeding could have
been discontinued or modified if this Act had not been enacted.
(3) Orderly transfer.--The Secretary is authorized to provide
for the orderly transfer of pending proceedings from the Office.
(d) Suits.--
(1) In general.--This Act shall not affect suits commenced
before the date of the enactment of this Act, except as provided in
paragraphs (2) and (3). In all such suits, proceeding shall be had,
appeals taken, and judgments rendered in the same manner and with
the same effect as if this Act had not been enacted.
(2) Suits by or against omcs.--Any suit by or against the
Office begun before January 1, 2000, shall be continued, insofar as
it involves a function retained and transferred under this Act,
with the Administration (to the extent the suit involves functions
transferred to the Administration under this Act) substituted for
the Office.
(3) Remanded cases.--If the court in a suit described in
paragraph (1) remands a case to the Administration, subsequent
proceedings related to such case shall proceed in accordance with
applicable law and regulations as in effect at the time of such
subsequent proceedings.
(e) Continuance of Actions Against Officers.--No suit, action, or
other proceeding commenced by or against any officer in his official
capacity as an officer of the Office shall abate by reason of the
enactment of this Act. No cause of action by or against the Office, or
by or against any officer thereof in his official capacity, shall abate
by reason of the enactment of this Act.
(f) Exercise of Authorities.--Except as otherwise provided by law,
an officer or employee of the Administration may, for purposes of
performing a function transferred by this Act or the amendments made by
this Act, exercise all authorities under any other provision of law
that were available with respect to the performance of that function to
the official responsible for the performance of the function
immediately before the effective date of the transfer of the function
under this Act or the amendments made by this Act.
(g) References.--Any reference to the Office in any Federal law,
Executive order, rule, regulation, or delegation of authority, or any
document of or pertaining to the Office or an officer or employee of
the Office is deemed to refer to the Administration or a member or
employee of the Administration, as appropriate.

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(a) In General.--This Act shall take effect on the date of the
enactment of this Act; except that the amendments made by section 101
shall take effect on January 1, 2000.
(b) Budget Submissions.--The President's budget submission for
fiscal year 2001 and each fiscal year thereafter shall reflect the
establishment of the Federal Motor Carrier Safety Administration in
accordance with this Act.

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(a) Driving While Disqualified and Causing a Fatality.--
(1) First violation.--Section 31310(b)(1) of title 49, United
States Code, is amended--
(A) by striking ``or'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C)
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) committing a first violation of driving a commercial
motor vehicle when the individual's commercial driver's license is
revoked, suspended, or canceled based on the individual's operation
of a commercial motor vehicle or when the individual is
disqualified from operating a commercial motor vehicle based on the
individual's operation of a commercial motor vehicle; or
``(E) convicted of causing a fatality through negligent or
criminal operation of a commercial motor vehicle.''.
(2) Second and multiple violations.--Section 31310(c)(1) of
such title is amended--
(A) by striking ``or'' at the end of subparagraph (C);
(B) by redesignating subparagraph (D) as subparagraph (F);
(C) by inserting after subparagraph (C) the following:
``(D) committing more than one violation of driving a
commercial motor vehicle when the individual's commercial driver's
license is revoked, suspended, or canceled based on the
individual's operation of a commercial motor vehicle or when the
individual is disqualified from operating a commercial motor
vehicle based on the individual's operation of a commercial motor
vehicle;
``(E) convicted of more than one offense of causing a fatality
through negligent or criminal operation of a commercial motor
vehicle; or''; and
(D) in subparagraph (F) (as redesignated by subparagraph
(B) of this paragraph) by striking ``clauses (A)-(C) of this
paragraph'' and inserting ``subparagraphs (A) through (E)''.
(3) Conforming amendment.--Section 31301(12)(C) of such title
is amended by inserting ``, other than a violation to which section
31310(b)(1)(E) or 31310(c)(1)(E) applies'' after ``a fatality''.
(b) Emergency Disqualification; Noncommercial Motor Vehicle
Convictions.--Section 31310 of such title is amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (h), (i), and (j), respectively;
(2) by inserting after subsection (e) the following:
``(f) Emergency Disqualification.--
``(1) Limited duration.--The Secretary shall disqualify an
individual from operating a commercial motor vehicle for not to
exceed 30 days if the Secretary determines that allowing the
individual to continue to operate a commercial motor vehicle would
create an imminent hazard (as such term is defined in section
5102).
``(2) After notice and hearing.--The Secretary shall disqualify
an individual from operating a commercial motor vehicle for more
than 30 days if the Secretary determines, after notice and an
opportunity for a hearing, that allowing the individual to continue
to operate a commercial motor vehicle would create an imminent
hazard (as such term is defined in section 5102).
``(g) Noncommercial Motor Vehicle Convictions.--
``(1) Issuance of regulations.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall issue
regulations providing for the disqualification by the Secretary
from operating a commercial motor vehicle of an individual who
holds a commercial driver's license and who has been convicted of--
``(A) a serious offense involving a motor vehicle (other
than a commercial motor vehicle) that has resulted in the
revocation, cancellation, or suspension of the individual's
license; or
``(B) a drug or alcohol related offense involving a motor
vehicle (other than a commercial motor vehicle).
``(2) Requirements for regulations.--Regulations issued under
paragraph (1) shall establish the minimum periods for which the
disqualifications shall be in effect, but in no case shall the time
periods for disqualification for noncommercial motor vehicle
violations be more stringent than those for offenses or violations
involving a commercial motor vehicle. The Secretary shall determine
such periods based on the seriousness of the offenses on which the
convictions are based.''; and
(3) in subsection (h) (as redesignated by paragraph (1) of this
subsection) by striking ``(b)-(e)'' each place it appears and
inserting ``(b) through (g)''.
(c) Serious Traffic Violations.--Section 31301(12) of such title is
amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (G); and
(3) by inserting after subparagraph (C) the following:
``(D) driving a commercial motor vehicle when the individual
has not obtained a commercial driver's license;
``(E) driving a commercial motor vehicle when the individual
does not have in his or her possession a commercial driver's
license unless the individual provides, by the date that the
individual must appear in court or pay any fine with respect to the
citation, to the enforcement authority that issued the citation
proof that the individual held a valid commercial driver's license
on the date of the citation;
``(F) driving a commercial motor vehicle when the individual
has not met the minimum testing standards--
``(i) under section 31305(a)(3) for the specific class of
vehicle the individual is operating; or
``(ii) under section 31305(a)(5) for the type of cargo the
vehicle is carrying; and''.
(d) Conforming Amendments.--Section 31305(b)(1) of such title is
amended--
(1) by striking ``to operate the vehicle''; and
(2) by inserting before the period at the end the following:
``to operate the vehicle and has a commercial driver's license to
operate the vehicle''.

6b4703359cc37d7889876e2494392bf4a62d0d4abe00f99eed3e1bd32c7dc9c7

(a) Requests for Driving Record Information.--Section 31311(a)(6)
of title 49, United States Code, is amended--
(1) by inserting ``or renewing such a license'' before the
comma; and
(2) by striking ``commercial'' the second place it appears.
(b) Recording of Violations.--Section 31311(a)(8) of such title is
amended by inserting before the period at the end the following: ``,
and the violation that resulted in the disqualification, revocation,
suspension, or cancellation shall be recorded''.
(c) Notification of State Officials.--Section 31311(a)(9) of such
title is amended to read as follows:
``(9) If an individual violates a State or local law on motor
vehicle traffic control (except a parking violation) and the
individual--
``(A) has a commercial driver's license issued by another
State; or
``(B) is operating a commercial vehicle without a
commercial driver's license and has a driver's license issued
by another State,
the State in which the violation occurred shall notify a State
official designated by the issuing State of the violations not
later than 10 days after the date the individual is found to have
committed the violation.''.
(d) Provisional Licenses.--Section 31311(a)(10) of such title is
amended--
(1) by striking ``(10)'' and inserting ``(10)(A)''; and
(2) by adding at the end the following:
``(B) The State may not issue a special license or permit
(including a provisional or temporary license) to an individual who
holds a commercial driver's license that permits the individual to
drive a commercial motor vehicle during a period in which--
``(i) the individual is disqualified from operating a
commercial motor vehicle; or
``(ii) the individual's driver's license is revoked,
suspended, or canceled.''.
(e) Penalties.--Section 31311(a)(13) of such title is amended--
(1) by inserting ``consistent with this chapter that'' after
``penalties''; and
(2) by striking ``vehicle'' the first place it appears and all
that follows through the period at the end and inserting
``vehicle.''.
(f) Records of Violations.--Section 31311(a) of such title is
amended by adding at the end the following:
``(18) The State shall maintain, as part of its driver
information system, a record of each violation of a State or local
motor vehicle traffic control law while operating a motor vehicle
(except a parking violation) for each individual who holds a
commercial driver's license. The record shall be available upon
request to the individual, the Secretary, employers, prospective
employers, State licensing and law enforcement agencies, and their
authorized agents.''.
(g) Masking.--Section 31311(a) of such title is further amended by
adding at the end the following:
``(19) The State shall--
``(A) record in the driving record of an individual who has
a commercial driver's license issued by the State; and
``(B) make available to all authorized persons and
governmental entities having access to such record,
all information the State receives under paragraph (9) with respect
to the individual and every violation by the individual involving a
motor vehicle (including a commercial motor vehicle) of a State or
local law on traffic control (except a parking violation), not
later than 10 days after the date of receipt of such information or
the date of such violation, as the case may be. The State may not
allow information regarding such violations to be withheld or
masked in any way from the record of an individual possessing a
commercial driver's license.''.
(h) Noncommercial Motor Vehicle Convictions.--Section 31311(a) of
such title is further amended by adding at the end the following:
``(20) The State shall revoke, suspend, or cancel the
commercial driver's license of an individual in accordance with
regulations issued by the Secretary to carry out section
31310(g).''.

0f01e8a8fd9efed83fcdd7d24546cbb5907494be19405f4d0d5e0fe887e62216

(a) In General.--Chapter 313 of title 49, United States Code, is
amended by inserting after section 31311 the following:
``Sec. 31312. Decertification authority
``(a) In General.--If the Secretary of Transportation determines
that a State is in substantial noncompliance with this chapter, the
Secretary shall issue an order to--
``(1) prohibit that State from carrying out licensing
procedures under this chapter; and
``(2) prohibit that State from issuing any commercial driver's
licenses until such time the Secretary determines such State is in
substantial compliance with this chapter.
``(b) Effect on Other States.--A State (other than a State subject
to an order under subsection (a)) may issue a non-resident commercial
driver's license to an individual domiciled in a State that is
prohibited from such activities under subsection (a) if that individual
meets all requirements of this chapter and the nonresident licensing
requirements of the issuing State.
``(c) Previously Issued Licenses.--Nothing in this section shall be
construed as invalidating or otherwise affecting commercial driver's
licenses issued by a State before the date of issuance of an order
under subsection (a) with respect to the State.''.
(b) Conforming Amendment.--The chapter analysis for chapter 313 of
such title is amended by inserting after the item relating to section
31311 the following:
``31312. Decertification authority.''.

898b2abb29480e91669fbe781b49e1bd5adcec374754327573531189118c96a5

Section 30304 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Driver Record Inquiry.--Before issuing a motor vehicle
operator's license to an individual or renewing such a license, a State
shall request from the Secretary information from the National Driver
Register under section 30302 and the commercial driver's license
information system under section 31309 on the individual's driving
record.''.

a6699b8bdd5805229b40aab7a8a73cd1818f969363ba696580a21df1accb2649

Section 13902 of title 49, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Penalties for Failure To Comply With Registration
Requirements.--In addition to other penalties available under law,
motor carriers that fail to register their operations as required by
this section or that operate beyond the scope of their registrations
may be subject to the following penalties:
``(1) Out-of-service orders.--If, upon inspection or
investigation, the Secretary determines that a motor vehicle
providing transportation requiring registration under this section
is operating without a registration or beyond the scope of its
registration, the Secretary may order the vehicle out-of-service.
Subsequent to the issuance of the out-of-service order, the
Secretary shall provide an opportunity for review in accordance
with section 554 of title 5, United States Code; except that such
review shall occur not later than 10 days after issuance of such
order.
``(2) Permission for operations.--A person domiciled in a
country contiguous to the United States with respect to which an
action under subsection (c)(1)(A) or (c)(1)(B) is in effect and
providing transportation for which registration is required under
this section shall maintain evidence of such registration in the
motor vehicle when the person is providing the transportation. The
Secretary shall not permit the operation in interstate commerce in
the United States of any motor vehicle in which there is not a copy
of the registration issued pursuant to this section.''.

b252726a7855b3c3905f1347c73de59466f647e3266d94fb3b56abcb6c9736c1

(a) Revocation of Registration.--Section 13905(c) of title 49,
United States Code, is amended--
(1) by inserting ``(1) In general.--'' before ``On
application'';
(2) by inserting ``(A)'' before ``suspend'';
(3) by striking the period at the end of the second sentence
and inserting ``; and (B) suspend, amend, or revoke any part of the
registration of a motor carrier, broker, or freight forwarder: (i)
for failure to pay a civil penalty imposed under chapter 5, 51,
149, or 311 of this title; or (ii) for failure to arrange and abide
by an acceptable payment plan for such civil penalty, within 90
days of the time specified by order of the Secretary for the
payment of such penalty. Subparagraph (B) shall not apply to any
person who is unable to pay a civil penalty because such person is
a debtor in a case under chapter 11 of title 11, United States
Code.
``(2) Regulations.--Not later than 12 months after the date of
the enactment of this paragraph, the Secretary, after notice and
opportunity for public comment, shall issue regulations to provide
for the suspension, amendment, or revocation of a registration
under this part for failure to pay a civil penalty as provided in
paragraph (1)(B).''; and
(4) by indenting paragraph (1) (as designated by paragraph (1)
of this section) and aligning such paragraph with paragraph (2) of
such section (as added by paragraph (3) of this section).
(b) Prohibited Transportation by Commercial Motor Vehicle
Operators.--Section 521(b) of such title is amended--
(1) by redesignating paragraphs (8) through (13) as paragraphs
(9) through (14), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) Prohibition on operation in interstate commerce after
nonpayment of penalties.--
``(A) In general.--An owner or operator of a commercial
motor vehicle against whom a civil penalty is assessed under
this chapter or chapter 51, 149, or 311 of this title and who
does not pay such penalty or fails to arrange and abide by an
acceptable payment plan for such civil penalty may not operate
in interstate commerce beginning on the 91st day after the date
specified by order of the Secretary for payment of such
penalty. This paragraph shall not apply to any person who is
unable to pay a civil penalty because such person is a debtor
in a case under chapter 11 of title 11, United States Code.
``(B) Regulations.--Not later than 12 months after the date
of the enactment of this paragraph, the Secretary, after notice
and an opportunity for public comment, shall issue regulations
setting forth procedures for ordering commercial motor vehicle
owners and operators delinquent in paying civil penalties to
cease operations until payment has been made.''.

91073da99d9cdc42acd38f91c422c9c057eb78b39f34b306ba96fc06534a5643

Section 31102(b)(1) of title 49, United States Code, is amended--
(1) by aligning subparagraph (A) with subparagraph (B) of such
section; and
(2) by striking subparagraph (R) and inserting the following:
``(R) ensures that the State will cooperate in the
enforcement of registration requirements under section 13902
and financial responsibility requirements under sections 13906,
31138, and 31139 and regulations issued thereunder;''.

7221a6cb509cf5afdf1b25671f1ff86d112c57751d9fdd21df3f373db11d2021

Section 521(b)(5)(B) of title 49, United States Code, is amended by
striking ``is likely to result in'' and inserting ``substantially
increases the likelihood of''.

cea58e5f45b3d54f6917651485cd07c4a1ad407eeeaf35c773772fd1f5880eb2

(a) Definition of Household Goods.--Section 13102(10)(A) of title
49, United States Code, is amended by striking ``, including'' and all
that follows through ``dwelling,'' and inserting ``, except such term
does not include property moving from a factory or store, other than
property that the householder has purchased with the intent to use in
his or her dwelling and is transported at the request of, and the
transportation charges are paid to the carrier by, the householder;''.
(b) Arbitration Requirements.--Section 14708(b)(6) of such title is
amended by striking ``$1,000'' each place it appears and inserting
``$5,000''.
(c) Study of Enforcement of Consumer Protection Rules in the
Household Goods Moving Industry.--The Comptroller General shall conduct
a study of the effectiveness of the Department of Transportation's
enforcement of household goods consumer protection rules under title
49, United States Code. The study shall also include a review of other
potential methods of enforcing such rules, including allowing States to
enforce such rules.

96fd6414f7aa90af5b8e84375c4821a56f18d188a41aaf5bd6f0543914c201df

(a) Safety Reviews.--Section 31144 of title 49, United States Code,
is amended by adding at the end the following:
``(c) Safety Reviews of New Operators.--
``(1) In general.--The Secretary shall require, by regulation,
each owner and each operator granted new operating authority, after
the date on which section 31148(b) is first implemented, to undergo
a safety review within the first 18 months after the owner or
operator, as the case may be, begins operations under such
authority.
``(2) Elements.--In the regulations issued pursuant to
paragraph (1), the Secretary shall establish the elements of the
safety review, including basic safety management controls. In
establishing such elements, the Secretary shall consider their
effects on small businesses and shall consider establishing
alternate locations where such reviews may be conducted for the
convenience of small businesses.
``(3) Phase-in of requirement.--The Secretary shall phase in
the requirements of paragraph (1) in a manner that takes into
account the availability of certified motor carrier safety
auditors.
``(4) New entrant authority.--Notwithstanding any other
provision of this title, any new operating authority granted after
the date on which section 31148(b) is first implemented shall be
designated as new entrant authority until the safety review
required by paragraph (1) is completed.''.
(b) Minimum Requirements.--The Secretary shall initiate a
rulemaking to establish minimum requirements for applicant motor
carriers, including foreign motor carriers, seeking Federal interstate
operating authority to ensure applicant carriers are knowledgeable
about applicable Federal motor carrier safety standards. As part of
that rulemaking, the Secretary shall consider the establishment of a
proficiency examination for applicant motor carriers as well as other
requirements to ensure such applicants understand applicable safety
regulations before being granted operating authority.

0e6cba9182e566cbc64aad1c0a3d1b285ce9a17e46021dfe4e5eff3caaeae733

(a) In General.--Chapter 311 of title 49, United States Code, is
amended by adding at the end the following:
``Sec.  31148. Certified motor carrier safety auditors
``(a) In General.--Not later than 1 year after the date of the
enactment of this section, the Secretary of Transportation shall
complete a rulemaking to improve training and provide for the
certification of motor carrier safety auditors, including private
contractors, to conduct safety inspection audits and reviews described
in subsection (b).
``(b) Certified Inspection Audit Requirement.--Not later than 1
year after completion of the rulemaking required by subsection (a), any
safety inspection audit or review required by, or based on the
authority of, this chapter or chapter 5, 313, or 315 of this title and
performed after December 31, 2002, shall be conducted by--
``(1) a motor carrier safety auditor certified under subsection
(a); or
``(2) a Federal or State employee who, on the date of the
enactment of this section, was qualified to perform such an audit
or review.
``(c) Extension.--If the Secretary determines that subsection (b)
cannot be implemented within the 1-year period established by that
subsection and notifies the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives of the determination and
the reasons therefor, the Secretary may extend the deadline for
compliance with subsection (b) by not more than 12 months.
``(d) Application With Other Authority.--The Secretary may not
delegate the Secretary's authority to private contractors to issue
ratings or operating authority, and nothing in this section authorizes
any private contractor to issue ratings or operating authority.
``(e) Oversight Responsibility.--The Secretary shall have authority
over any motor carrier safety auditor certified under subsection (a),
including the authority to decertify a motor carrier safety auditor.''.
(b) Conforming Amendment.--The analysis for such chapter 311 is
amended by adding at the end the following:
``31148. Certified motor carrier safety auditors.''.

18fc4a650868c859c5e7c1c322219f64182ab3c6c7bed41c802f4c2a529bb56d

Not later than 1 year after the date of the enactment of this Act,
the Secretary shall complete Department of Transportation's rulemaking,
Docket No. FHWA-99-5710, to amend Federal motor carrier safety
regulations to determine which motor carriers operating commercial
motor vehicles designed or used to transport between 9 and 15
passengers (including the driver) for compensation shall be covered. At
a minimum, the rulemaking shall apply such regulations to--
(1) commercial vans commonly referred to as ``camionetas''; and
(2) those commercial vans operating in interstate commerce
outside commercial zones that have been determined to pose serious
safety risks.
In no case should the rulemaking exempt from such regulations all motor
carriers operating commercial vehicles designed or used to transport
between 9 and 15 passengers (including the driver) for compensation.

1f492a56016a620e628dcf60b81a4a9ba0e2df0e4819fe5ad39cd504d1ef277f

Section 4017 of the Transportation Equity Act for the 21st Century
(49 U.S.C. 31143 note; 112 Stat. 413) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively;
(2) by inserting after subsection (b) the following:
``(c) Staffing.--The toll-free telephone system shall be staffed 24
hours a day 7 days a week by individuals knowledgeable about Federal
motor carrier safety regulations and procedures.''; and
(3) in subsection (e) (as redesignated by paragraph (1) of this
section)--
(A) by striking ``104(a)'' and inserting ``104(a)(1)(B)'';
and
(B) by striking ``for each of fiscal years 1999'' and
inserting ``for fiscal year 1999 and $375,000 for each of
fiscal years 2000''.

24c9970accd70999dbd8ae4e809662700a68c3262db99d839bc4ff0f141eae2e

The Secretary shall conduct a rulemaking to establish a special
commercial driver's license endorsement for drivers of school buses.
The endorsement shall, at a minimum--
(1) include a driving skills test in a school bus; and
(2) address proper safety procedures for--
(A) loading and unloading children;
(B) using emergency exits; and
(C) traversing highway rail grade crossings.

48e9164feab0d986d369c00d26a0c8af2b76c86544a5692511622ed2f704d8d4

The Secretary shall initiate a rulemaking to provide for a Federal
medical qualification certificate to be made a part of commercial
driver's licenses.

7bbd98a1eff6da8c3d72ea9ebe31561001e89204500abdacf7291ddc0de57a0c

(a) In General.--The Secretary shall implement the safety
improvement recommendations provided for in the Department of
Transportation Inspector General's Report TR-1999-091, except to the
extent that such recommendations are specifically addressed in sections
206, 208, 217, and 222 of this Act, including any amendments made by
such sections.
(b) Reports to Congress.--
(1) Reports by the secretary.--Not later than 90 days after the
date of the enactment of this Act, and every 90 days thereafter
until each of the recommendations referred to in subsection (a) has
been implemented, the Secretary shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the specific actions taken to implement
such recommendations.
(2) Reports by the inspector general.--The Inspector General
shall periodically transmit to the committees referred to in
paragraph (1) a report assessing the Secretary's progress in
implementing the recommendations referred to in subsection (a) and
analyzing the number of violations cited by safety inspectors and
the level of fines assessed and collected for such violations, and
of the number of cases in which there are findings of extraordinary
circumstances under section 222(c) of this Act and the
circumstances in which these findings are made.

954f11a43972fa7636af607acf58866118822c63b7b7644c9eefc444258488ef

The Secretary shall amend section 385.21 of the Department of
Transportation's regulations (49 CFR 385.21) to require periodic
updating, not more frequently than once every 2 years, of the motor
carrier identification report, form MCS-150, filed by each motor
carrier conducting operations in interstate or foreign commerce. The
initial update shall occur not later than 1 year after the date of the
enactment of this Act.

f7849165ceb9d4324ebf71a6381d5b3d1e70c844f796c9464addef060d3ac814

(a) Development and Implementation.--Not later than 1 year after
the date of the enactment of this Act, the Secretary shall develop and
implement appropriate staffing standards for Federal and State motor
carrier safety inspectors in international border areas.
(b) Factors To Be Considered.--In developing standards under
subsection (a), the Secretary shall consider volume of traffic, hours
of operation of the border facility, types of commercial motor
vehicles, types of cargo, delineation of responsibility between Federal
and State inspectors, and such other factors as the Secretary
determines appropriate.
(c) Maintenance of Effort.--The standards developed and implemented
under subsection (a) shall ensure that the United States and each State
will not reduce its respective level of staffing of motor carrier
safety inspectors in international border areas from its average level
staffing for fiscal year 2000.
(d) Border Commercial Motor Vehicle and Safety Enforcement
Programs.--
(1) Enforcement.--If, on October 1, 2001, and October 1 of each
fiscal year thereafter, the Secretary has not ensured that the
levels of staffing required by the standards developed under
subsection (a) are deployed, the Secretary should designate the
amount made available for allocation under section 31104(f)(2)(B)
of title 49, United States Code, for such fiscal year for States,
local governments, and other persons for carrying out border
commercial motor vehicle safety programs and enforcement activities
and projects.
(2) Allocation.--If the Secretary makes a designation of an
amount under paragraph (1), such amount shall be allocated by the
Secretary to State agencies, local governments, and other persons
that use and train qualified officers and employees in coordination
with State motor vehicle safety agencies.
(3) Limitation.--If the Secretary makes a designation pursuant
to paragraph (1) for a fiscal year, the Secretary may not make a
designation under section 31104(f)(2)(B) of title 49, United States
Code, for such fiscal year.

00a3dd26682f831eb52731749a265681f9cb156123a63b7a1067c8996f5fba1a

(a) General Rule.--Subject to subsections (b) and (c), a foreign
motor carrier or foreign motor private carrier (as such terms are
defined under section 13102 of title 49, United States Code) that
operates without authority, before the implementation of the land
transportation provisions of the North American Free Trade Agreement,
outside the boundaries of a commercial zone along the United States-
Mexico border shall be liable to the United States for a civil penalty
and shall be disqualified from operating a commercial motor vehicle
anywhere within the United States as provided in subsections (b) and
(c).
(b) Penalty for Intentional Violation.--The civil penalty for an
intentional violation of subsection (a) by a carrier shall not be more
than $10,000 and may include a disqualification from operating a
commercial motor vehicle anywhere within the United States for a period
of not more than 6 months.
(c) Penalty for Pattern of Intentional Violations.--The civil
penalty for a pattern of intentional violations of subsection (a) by a
carrier shall not be more than $25,000 and the carrier shall be
disqualified from operating a commercial motor vehicle anywhere within
the United States and the disqualification may be permanent.
(d) Leasing.--Before the implementation of the land transportation
provisions of the North American Free Trade Agreement, during any
period in which a suspension, condition, restriction, or limitation
imposed under section 13902(c) of title 49, United States Code, applies
to a motor carrier (as defined in section 13902(e) of such title), that
motor carrier may not lease a commercial motor vehicle to another motor
carrier or a motor private carrier to transport property in the United
States.
(e) Savings Clause.--No provision of this section may be enforced
if it is inconsistent with any international agreement of the United
States.
(f) Acts of Employees.--The actions of any employee driver of a
foreign motor carrier or foreign motor private carrier committed
without the knowledge of the carrier or committed unintentionally shall
not be grounds for penalty or disqualification under this section.

d9b99ac59030660c28ad2aded50508b7c1583b3e51a5a9fd6f3ba672e5269cf1

(a) In General.--In cooperation with one or more States, the
Secretary may carry out a program to develop innovative methods of
improving motor carrier compliance with traffic laws. Such methods may
include the use of photography and other imaging technologies.
(b) Report.--The Secretary shall transmit to Congress a report on
the results of any program conducted under this section, together with
any recommendations as the Secretary determines appropriate.

2f313ffeb8125e5d1b4608d129950e3534b0442af8078fcb10f42a37fbf0ec63

(a) Development.--In cooperation with the States, the Secretary
shall develop a uniform system to support the electronic transmission
of data State-to-State on convictions for all motor vehicle traffic
control law violations by individuals possessing a commercial drivers'
licenses as required by paragraphs (9) and (19) of section 31311(a) of
title 49, United States Code.
(b) Status Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the status of the implementation of this section.

a56780c8e868ddb57dc2883e573db61b06137ebdec087e10a5c1a98cacca132b

(a) In General.--The Secretary of Transportation should ensure that
motor carriers operate safely by imposing civil penalties at a level
calculated to ensure prompt and sustained compliance with Federal motor
carrier safety and commercial driver's license laws.
(b) Establishment.--The Secretary--
(1) should establish and assess minimum civil penalties for
each violation of a law referred to in subsection (a); and
(2) shall assess the maximum civil penalty for each violation
of a law referred to in subsection (a) by any person who is found
to have committed a pattern of violations of critical or acute
regulations issued to carry out such a law or to have previously
committed the same or a related violation of critical or acute
regulations issued to carry out such a law.
(c) Extraordinary Circumstances.--If the Secretary determines and
documents that extraordinary circumstances exist which merit the
assessment of any civil penalty lower than any level established under
subsection (b), the Secretary may assess such lower penalty. In cases
where a person has been found to have previously committed the same or
a related violation of critical or acute regulations issued to carry
out a law referred to in subsection (a), extraordinary circumstances
may be found to exist when the Secretary determines that repetition of
such violation does not demonstrate a failure to take appropriate
remedial action.
(d) Report to Congress.--
(1) In general.--The Secretary shall conduct a study of the
effectiveness of the revised civil penalties established in the
Transportation Equity Act for the 21st Century and this Act in
ensuring prompt and sustained compliance with Federal motor carrier
safety and commercial driver's license laws.
(2) Submission to congress.--The Secretary shall transmit the
results of such study and any recommendations to Congress by
September 30, 2002.

d4fa01472c96d8a2dae637d87a1795707fda2a4d7f11cf321bb5a866157100e4

Not later than May 25, 2000, the Secretary shall transmit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a status report on the Department of Transportation's
quantitative progress toward reducing motor carrier fatalities by 50
percent by the year 2009.

b8480b922bfd29f5d39cd2c000459ea607756e49ea7ee22ce93ac4a0ef04319f

(a) Objectives.--The Secretary shall conduct a comprehensive study
to determine the causes of, and contributing factors to, crashes that
involve commercial motor vehicles. The study shall also identify data
requirements and collection procedures, reports, and other measures
that will improve the Department of Transportation's and States'
ability to--
(1) evaluate future crashes involving commercial motor
vehicles;
(2) monitor crash trends and identify causes and contributing
factors; and
(3) develop effective safety improvement policies and programs.
(b) Design.--The study shall be designed to yield information that
will help the Department and the States identify activities and other
measures likely to lead to significant reductions in the frequency,
severity, and rate per mile traveled of crashes involving commercial
motor vehicles, including vehicles described in section 31132(1)(B) of
title 49, United States Code. As practicable, the study shall rank such
activities and measures by the reductions each would likely achieve, if
implemented.
(c) Consultation.--In designing and conducting the study, the
Secretary shall consult with persons with expertise on--
(1) crash causation and prevention;
(2) commercial motor vehicles, drivers, and carriers, including
passenger carriers;
(3) highways and noncommercial motor vehicles and drivers;
(4) Federal and State highway and motor carrier safety
programs;
(5) research methods and statistical analysis; and
(6) other relevant topics.
(d) Public Comment.--The Secretary shall make available for public
comment information about the objectives, methodology, implementation,
findings, and other aspects of the study.
(e) Reports.--
(1) In general.--The Secretary shall promptly transmit to
Congress the results of the study, together with any legislative
recommendations.
(2) Review and update.--The Secretary shall review the study at
least once every 5 years and update the study and report as
necessary.
(f) Funding.--Of the amounts made available for each of fiscal
years 2001, 2002, and 2003 under section 4003(i) of the Transportation
Equity Act for the 21st Century (112 Stat. 395-398), as added by
section 103(b)(1) of this Act, $5,000,000 per fiscal year shall be
available only to carry out this section.

d8a138753dad5eb5edba73bc492bb47a5069f8c3f15da0f8f27ab53f6a069e82

(a) In General.--In cooperation with the States, the Secretary
shall carry out a program to improve the collection and analysis of
data on crashes, including crash causation, involving commercial motor
vehicles.
(b) Program Administration.--The Secretary shall administer the
program through the National Highway Traffic Safety Administration in
cooperation with the Federal Motor Carrier Safety Administration. The
National Highway Traffic Safety Administration shall--
(1) enter into agreements with the States to collect data and
report the data by electronic means to a central data repository;
and
(2) train State employees and motor carrier safety enforcement
officials to assure the quality and uniformity of the data.
(c) Use of Data.--The National Highway Traffic Safety
Administration shall--
(1) integrate the data, including driver citation and
conviction information; and
(2) make the data base available electronically to the Federal
Motor Carrier Safety Administration, the States, motor carriers,
and other interested parties for problem identification, program
evaluation, planning, and other safety-related activities.
(d) Report.--Not later than 3 years after the date on which the
improved data program begins, the Secretary shall transmit a report to
Congress on the program, together with any recommendations the
Secretary finds appropriate.
(e) Funding.--Of the amounts deducted under section 104(a)(1)(B) of
title 23, United States Code, for each of fiscal years 2001, 2002, and
2003 $5,000,000 per fiscal year shall be available only to carry out
this section.
(f) Additional Funding for Information Systems.--
(1) In general.--Of the amounts made available for each of
fiscal years 2001, 2002, and 2003 under section 4003(i) of the
Transportation Equity Act for the 21st Century (112 Stat. 395-398),
as added by section 103(b)(1) of this Act, $5,000,000 per fiscal
year shall be available only to carry out section 31106 of title
49, United States Code.
(2) Amounts as additional.--The amounts made available by
paragraph (1) shall be in addition to amounts made available under
section 31107 of title 49, United States Code.

c8dd1be87d4c1a755abbddd959a2fc20d8512ac64ac9f7e749cf320253bd2c0f

(a) In General.--The Secretary shall conduct a study of the
feasibility and merits of--
(1) requiring medical review officers or employers to report
all verified positive controlled substances test results on any
driver subject to controlled substances testing under part 382 of
title 49, Code of Federal Regulations, including the identity of
each person tested and each controlled substance found, to the
State that issued the driver's commercial driver's license; and
(2) requiring all prospective employers, before hiring any
driver, to query the State that issued the driver's commercial
driver's license on whether the State has on record any verified
positive controlled substances test on such driver.
(b) Study Factors.--In carrying out the study under this section,
the Secretary shall assess--
(1) methods for safeguarding the confidentiality of verified
positive controlled substances test results;
(2) the costs, benefits, and safety impacts of requiring States
to maintain records of verified positive controlled substances test
results; and
(3) whether a process should be established to allow drivers--
(A) to correct errors in their records; and
(B) to expunge information from their records after a
reasonable period of time.
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
study carried out under this section, together with such
recommendations as the Secretary determines appropriate.

bf96076abb0d8c572c07df54e7d9afc6779f2583beeba1a2a2ffe851186ae3af

(a) Review.--Section 13703(c) of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(2) by striking ``The Board'' and inserting the following:
``(1) In general.--The Board'';
(3) by adding at the end the following:
``(2) Periodic review of approvals.--Subject to this section,
in the 5-year period beginning on the date of the enactment of this
paragraph and in each 5-year period thereafter, the Board shall
initiate a proceeding to review any agreement approved pursuant to
this section. Any such agreement shall be continued unless the
Board determines otherwise.''; and
(4) by moving the remainder of the text of paragraph (1) (as
designated by paragraph (2) of this subsection), including
subparagraphs (A) through (D) (as designated by paragraph (1) of
this subsection), 2 ems to the right.
(b) Limitation.--Section 13703(d) of such title is amended to read
as follows:
``(d) Limitation.--The Board shall not take any action that would
permit the establishment of nationwide collective ratemaking
authority.''.
(c) Existing Agreements.--Section 13703(e) of such title is
amended--
(1) by striking ``Agreements'' and inserting the following:
``(1) Agreements existing as of december 31, 1995.--
Agreements'';
(2) by adding at the end the following:
``(2) Cases pending as of date of the enactment.--Nothing in
section 227 (other than subsection (b)) of the Motor Carrier Safety
Improvement Act of 1999, including the amendments made by such
section, shall be construed to affect any case brought under this
section that is pending before the Board as of the date of the
enactment of this paragraph.''; and
(3) by aligning the left margin of paragraph (1) (as designated
by paragraph (1) of this subsection) with paragraph (2) (as added
by paragraph (2) of this subsection).

c2a2cedfd5b272cf0180e6b9af0c02281f91d817a728ae25ca5b0d493152112f

(a) In General.--The statutory authority of the Inspector General
of the Department of Transportation includes authority to conduct,
pursuant to Federal criminal statutes, investigations of allegations
that a person or entity has engaged in fraudulent or other criminal
activity relating to the programs and operations of the Department or
its operating administrations.
(b) Regulated Entities.--The authority to conduct investigations
referred to in subsection (a) extends to any person or entity subject
to the laws and regulations of the Department or its operating
administrations, whether or not they are recipients of funds from the
Department or its operating administrations.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

8549de5f913f66915ed75d5f9fc1426a6d61abdacf42aca2866f8a31b90b96e3

Motor Carrier Safety Improvement Act of 1999

Other Sections

TITLE II

TITLE I

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