Text: H.R.3419 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-159 (12/09/1999)

 
[106th Congress Public Law 159]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ159.106]


[[Page 1747]]

              MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999

[[Page 113 STAT. 1748]]

Public Law 106-159
106th Congress

                                 An Act


 
To amend <<NOTE: Dec. 9, 1999 -  [H.R. 3419]>>  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 <<NOTE: Motor Carrier Safety 
Impovement Act of 1999.>>  assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 49 USC 101 note.>>  Title.--This Act may be cited 
as the ``Motor Carrier Safety Improvement Act of 1999''.

    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
Sec. 3. Findings.
Sec. 4. Purposes.

          TITLE I--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

Sec. 101. Establishment of Federal Motor Carrier Safety Administration.
Sec. 102. Revenue aligned budget authority.
Sec. 103. Additional funding for motor carrier safety grant program.
Sec. 104. Motor carrier safety strategy.
Sec. 105. Commercial motor vehicle safety advisory committee.
Sec. 106. Saving provisions.
Sec. 107. Effective date.

          TITLE II--COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY

Sec. 201. Disqualifications.
Sec. 202. Requirements for State participation.
Sec. 203. State noncompliance.
Sec. 204. Checks before issuance of driver's licenses.
Sec. 205. Registration enforcement.
Sec. 206. Delinquent payment of penalties.
Sec. 207. State cooperation in registration enforcement.
Sec. 208. Imminent hazard.
Sec. 209. Household goods amendments.
Sec. 210. New motor carrier entrant requirements.
Sec. 211. Certification of safety auditors.
Sec. 212. Commercial van rulemaking.
Sec. 213. 24-hour staffing of telephone hotline.
Sec. 214. CDL school bus endorsement.
Sec. 215. Medical certificate.
Sec. 216. Implementation of Inspector General recommendations.
Sec. 217. Periodic refiling of motor carrier identification reports.
Sec. 218. Border staffing standards.
Sec. 219. Foreign motor carrier penalties and disqualifications.
Sec. 220. Traffic law initiative.
Sec. 221. State-to-State notification of violations data.
Sec. 222. Minimum and maximum assessments.
Sec. 223. Motor carrier safety progress report.
Sec. 224. Study of commercial motor vehicle crash causation.
Sec. 225. Data collection and analysis.
Sec. 226. Drug test results study.
Sec. 227. Approval of agreements.
Sec. 228. DOT authority.

[[Page 113 STAT. 1749]]

SEC. <<NOTE: 49 USC 101 note.>>  2. SECRETARY DEFINED.

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

SEC. <<NOTE: 49 USC 113 note.>>  3. FINDINGS.

    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.

SEC. <<NOTE: 49 USC 113 note.>>  4. PURPOSES.

    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.

[[Page 113 STAT. 1750]]

          TITLE I--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

SEC. 101. ESTABLISHMENT OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.

    (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

[[Page 113 STAT. 1751]]

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.''.

[[Page 113 STAT. 1752]]

    (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 ) <<NOTE: 49 USC 31136 note.>>  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) <<NOTE: 49 USC 330 note.>>  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) <<NOTE: Deadline.>>  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.

SEC. 102. REVENUE ALIGNED BUDGET AUTHORITY.

    (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--

[[Page 113 STAT. 1753]]

                    (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.''.

SEC. 103. ADDITIONAL FUNDING FOR MOTOR CARRIER SAFETY GRANT PROGRAM.

    (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) <<NOTE: 49 USC 31104 note.>>  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 <<NOTE: 49 USC 31102 note.>>  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.

[[Page 113 STAT. 1754]]

    (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) <<NOTE: 49 USC 31102 note.>>  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.

SEC. 104. <<NOTE: 49 USC 31100 note.>>  MOTOR CARRIER SAFETY STRATEGY.

    (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.--

[[Page 113 STAT. 1755]]

            (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.

[[Page 113 STAT. 1756]]

            (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.

SEC. 105. <<NOTE: 49 USC 31100 note.>>  COMMERCIAL MOTOR VEHICLE SAFETY 
            ADVISORY COMMITTEE.

    (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.

SEC. 106. <<NOTE: 49 USC 113 note.>>  SAVINGS PROVISION.

    (a) Transfer of Assets and Personnel.--Except as otherwise provided 
in this Act and the amendments made by this Act, those

[[Page 113 STAT. 1757]]

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

[[Page 113 STAT. 1758]]

        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.

SEC. 107. EFFECTIVE DATE.

    (a) <<NOTE: 49 USC 104 note.>>  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) <<NOTE: 31 USC 1105 note.>>  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.

          TITLE II--COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY

SEC. 201. DISQUALIFICATIONS.

    (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

[[Page 113 STAT. 1759]]

            ``(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 <<NOTE: Deadline.>>  
        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).

[[Page 113 STAT. 1760]]

            ``(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''.

SEC. 202. REQUIREMENTS FOR STATE PARTICIPATION.

    (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

[[Page 113 STAT. 1761]]

                    ``(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:

[[Page 113 STAT. 1762]]

            ``(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).''.

SEC. 203. STATE NONCOMPLIANCE.

    (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.''.

SEC. 204. CHECKS BEFORE ISSUANCE OF DRIVER'S LICENSES.

    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.''.

SEC. 205. REGISTRATION ENFORCEMENT.

    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

[[Page 113 STAT. 1763]]

        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.''.

SEC. 206. DELINQUENT PAYMENT OF PENALTIES.

    (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 <<NOTE: Deadline.>>  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

[[Page 113 STAT. 1764]]

                civil penalty because such person is a debtor in a case 
                under chapter 11 of title 11, United States Code.
                    ``(B) Regulations.--Not <<NOTE: Deadline.>>  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.''.

SEC. 207. STATE COOPERATION IN REGISTRATION ENFORCEMENT.

    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;''.

SEC. 208. IMMINENT HAZARD.

    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 ''.

SEC. 209. HOUSEHOLD GOODS AMENDMENTS.

    (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 <<NOTE: 49 USC 14104 note.>>  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.

SEC. 210. NEW MOTOR CARRIER ENTRANT REQUIREMENTS.

    (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) <<NOTE: Regulations.>>  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.

[[Page 113 STAT. 1765]]

            ``(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 <<NOTE: 49 USC 31144 note.>>  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.

SEC. 211. CERTIFICATION OF SAFETY AUDITORS.

    (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 <<NOTE: Deadline.>>  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 <<NOTE: Deadline.>>  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.

[[Page 113 STAT. 1766]]

    ``(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.''.

SEC. 212. COMMERCIAL VAN RULEMAKING.

    Not <<NOTE: Deadline.>>  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.

SEC. 213. 24-HOUR STAFFING OF TELEPHONE HOTLINE.

    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''.

SEC. 214. <<NOTE: 49 USC 31305 note.>>  CDL SCHOOL BUS ENDORSEMENT.

    The <<NOTE: Regulations.>>  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.

[[Page 113 STAT. 1767]]

SEC. 215. <<NOTE: 49 USC 31305 note.>>  MEDICAL CERTIFICATE.

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

SEC. 216. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDATIONS.

    (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 <<NOTE: Deadline.>>  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.

SEC. 217. PERIODIC REFILING OF MOTOR CARRIER IDENTIFICATION REPORTS.

    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. <<NOTE: Deadline.>>  The initial update shall occur not later 
than 1 year after the date of the enactment of this Act.

SEC. 218. <<NOTE: 49 USC 31133 note.>>  BORDER STAFFING STANDARDS.

    (a) Development <<NOTE: Deadline.>>  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

[[Page 113 STAT. 1768]]

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.

SEC. 219. <<NOTE: 49 USC 14901 note.>>  FOREIGN MOTOR CARRIER PENALTIES 
            AND DISQUALIFICATIONS.

    (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.

[[Page 113 STAT. 1769]]

    (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.

SEC. <<NOTE: 49 USC 31131 note.>>  220. TRAFFIC LAW INITIATIVE.

    (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.

SEC. <<NOTE: 49 USC 31311 note.>>  221. STATE-TO-STATE NOTIFICATION OF 
            VIOLATIONS DATA.

    (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 <<NOTE: Deadline.>>  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.

SEC. <<NOTE: 49 USC 521 note.>>  222. MINIMUM AND MAXIMUM ASSESSMENTS.

    (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.

[[Page 113 STAT. 1770]]

    (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.

SEC. 223. MOTOR CARRIER SAFETY PROGRESS REPORT.

    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.

SEC. <<NOTE: 49 USC 31100 note.>>  224. STUDY OF COMMERCIAL MOTOR 
            VEHICLE CRASH CAUSATION.

    (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.

[[Page 113 STAT. 1771]]

            (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.

SEC. <<NOTE: 49 USC 31100 note.>>  225. DATA COLLECTION AND ANALYSIS.

    (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 <<NOTE: Contracts.>>  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 <<NOTE: Deadline.>>  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.

SEC. <<NOTE: 49 USC 31306 note.>>  226. DRUG TEST RESULTS STUDY.

    (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

[[Page 113 STAT. 1772]]

        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 <<NOTE: Deadline.>>  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.

SEC. 227. APPROVAL OF AGREEMENTS.

    (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

[[Page 113 STAT. 1773]]

        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).

SEC. <<NOTE: 5 USC app.>>  228. DOT AUTHORITY.

    (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.

    Approved December 9, 1999.

LEGISLATIVE HISTORY--H.R. 3419:
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CONGRESSIONAL RECORD, Vol. 145 (1999):
            Nov. 18, considered and passed House.
            Nov. 19, considered and passed Senate.

                                  <all>