[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2679 Reported in House (RH)]





                                                 Union Calendar No. 194

106th CONGRESS

  1st Session

                               H. R. 2679

                          [Report No. 106-333]

_______________________________________________________________________

                                 A BILL

To amend title 49, United States Code, to establish the National Motor 
Carrier Administration in the Department of Transportation, to improve 
   the safety of commercial motor vehicle operators and carriers, to 
    strengthen commercial driver's licenses, and for other purposes.

_______________________________________________________________________

                           September 24, 1999

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed





                                                 Union Calendar No. 194
106th CONGRESS
  1st Session
                                H. R. 2679

                          [Report No. 106-333]

To amend title 49, United States Code, to establish the National Motor 
Carrier Administration in the Department of Transportation, to improve 
   the safety of commercial motor vehicle operators and carriers, to 
    strengthen commercial driver's licenses, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 1999

  Mr. Shuster (for himself, Mr. Oberstar, Mr. Petri, and Mr. Rahall) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

                           September 24, 1999

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to establish the National Motor 
Carrier Administration in the Department of Transportation, to improve 
   the safety of commercial motor vehicle operators and carriers, to 
    strengthen commercial driver's licenses, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
             TITLE I--NATIONAL MOTOR CARRIER ADMINISTRATION

Sec. 101. Establishment of National Motor Carrier Administration.
Sec. 102. Motor carrier safety strategy.
Sec. 103. Revenue aligned budget authority.
Sec. 104. Additional funding for motor carrier safety grant program.
Sec. 105. Motor carrier safety advisory committee.
Sec. 106. Effective date.
          TITLE II--COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY

Sec. 201. Disqualifications.
Sec. 202. CDL school bus endorsement.
Sec. 203. Requirements for State participation.
Sec. 204. State noncompliance.
Sec. 205. 24-hour staffing of telephone hotline.
Sec. 206. Checks before issuance of driver's licenses.
Sec. 207. Border staffing standards.
Sec. 208. Minimum and maximum assessments.
Sec. 209. Study of commercial motor vehicle crash causation and data 
                            improvement.

SEC. 2. 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 too low and the number and 
        size of civil penalties for violators must be sufficient to 
        establish a credible deterrent to future violations.
            (3) The Department of Transportation takes too long to 
        complete statutorily mandated 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) There needs to be a substantial increase in appropriate 
        facilities and personnel 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 research awards in Federally funded research.
            (7) Unless meaningful measures to improve safety are 
        implemented expeditiously, projected increases in vehicle-miles 
        traveled will raise the number of crashes, injuries, and 
        fatalities even higher.
            (8) Wisely used additional funding and personnel are 
        essential to the Department's ability to improve its research, 
        rulemaking, oversight, and enforcement activities related to 
        commercial motor vehicles, operators, and carriers.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to improve the administration of the Federal motor 
        carrier safety program and to establish a National Motor 
        Carrier 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.

             TITLE I--NATIONAL MOTOR CARRIER ADMINISTRATION

SEC. 101. ESTABLISHMENT OF NATIONAL MOTOR CARRIER ADMINISTRATION.

    (a) In General.--Chapter 1 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 113. National Motor Carrier Administration
    ``(a) In General.--The National Motor Carrier 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. 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 National Motor Carrier 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) Regulatory Ombudsman.--The Administration shall have a 
Regulatory Ombudsman appointed by the Administrator. The Secretary and 
the Administrator shall each delegate to the Ombudsman such authority 
as may be necessary for the Ombudsman to expedite rulemaking 
proceedings 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.
    ``(g) Offices of Passenger Vehicle Safety, Consumer Affairs, and 
International Affairs.--The Administration shall have an Office of 
Passenger Vehicle Safety, an Office of Consumer Affairs, and an Office 
of International Affairs.
    ``(h) 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, and 315; and
            ``(2) additional duties and powers prescribed by the 
        Secretary.
    ``(i) Limitation on Transfer of Powers and Duties.--A duty or power 
specified in subsection (h)(1) may only be transferred to another part 
of the Department when specifically provided by law.
    ``(j) Effect of Certain Decisions.--A decision of the Administrator 
involving a duty or power specified in subsection (h)(1) and involving 
notice and hearing required by law is administratively final.
    ``(k) 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) \1/3\ of one 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 National 
        Motor Carrier 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. National Motor Carrier 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 
                        paragraph (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 National Motor Carrier 
        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 National Motor Carrier 
        Administration.
            ``Assistant National Motor Carrier Administrator.''.
    (e) Conflicts of Interest.--
            (1) Compliance with regulation.--In awarding any contract 
        for research, the National Motor Carrier Administrator shall 
        comply with section 1252.209-70 of title 48, Code of Federal 
        Regulations, as in effect on the date of enactment of this 
        section. The Administrator shall require that the text of such 
        section be included in any request for proposal and contract 
        for research made by the Administrator.
            (2) Study.--
                    (A) In general.--The Administrator shall conduct a 
                study to determine whether or not compliance with the 
                section referred to in paragraph (1) is sufficient to 
                avoid real or perceived conflicts of interest in 
                contracts for research awarded by the Administrator 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 Administrator 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 enactment of this Act, the Administrator shall 
                submit to Congress a report on the results of the study 
                conducted under this paragraph.

SEC. 102. MOTOR CARRIER SAFETY STRATEGY.

    (a) Safety Goals.--In conjunction with existing strategic planning 
efforts, the Secretary of Transportation 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.
    (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 National Motor Carrier 
                Administrator.
                    (B) The Administrator and the Deputy National Motor 
                Carrier Administrator.
                    (C) The Administrator and the Chief Safety Officer 
                of the National Motor Carrier Administration.
                    (D) The Administrator and the Regulatory Ombudsman 
                of the Administration.
            (2) Goals.--
                    (A) In general.--Each annual performance agreement 
                shall set forth measurable organization and individual 
                goals for each lower ranking official referred to in 
                paragraph (1).
                    (B) Administrator, deputy administrator, and chief 
                safety officer.--The performance agreements entered 
                into under paragraphs (1)(A), (1)(B), and (1)(C) shall 
                include the numeric or measurable goals of subsection 
                (b).
                    (C) Regulatory ombudsman.--The performance 
                agreement entered into under paragraph (1)(D) shall 
                include goals in key operational areas, including 
                promptly completing rulemaking proceedings and 
                complying with statutory and internal departmental 
                deadlines.
            (3) Progress assessment.--No less frequently than 
        semiannually, the Secretary shall assess the progress of each 
        lower ranking official 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) Review and renegotiation.--Each agreement entered into 
        under paragraph (1) shall be subject to review and 
        renegotiation on an annual basis.
            (5) Performance dividends.--
                    (A) General authority.--The Secretary may award to 
                the Administrator, and the Administrator may award to 
                each of the Deputy Administrator, Chief Safety Officer, 
                and Regulatory Ombudsman, an annual performance 
                dividend of not to exceed $15,000.
                    (B) Criteria for award.--If the Secretary finds 
                that the Administrator has, and if the Administrator 
                finds that one or more of the Deputy Administrator, 
                Chief Safety Officer, and Regulatory Ombudsman have, 
                made substantial progress toward meeting the goals of 
                his or her performance agreement, the Secretary or 
                Administrator, as the case may be, may award a 
                performance dividend under this paragraph commensurate 
                with such progress.
                    (C) Limitation.--Notwithstanding subparagraph (A), 
                no performance dividend may be awarded to an official 
                under this paragraph until the Administrator has 
                submitted to the Office of Management and Budget 
                regulations issued, after the date of enactment of this 
                Act, to implement the safety fitness requirements of 
                section 31144 of title 49, United States Code. The 
                Secretary may waive the applicability of the preceding 
                sentence (i) upon a finding of extraordinary 
                circumstances, or (ii) for an official who has served 
                in his or her position for less than 365 days.
    (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) Bonus distribution.--In conjunction with the existing 
        performance appraisal process, the Secretary and the 
        Administrator shall award bonuses to all employees and 
        officials of the Administration (other than officials to which 
        subsection (d) applies) if the Secretary and the Administrator 
        determine that the performance of the Administration merits the 
        awarding of such bonuses. The Secretary and the Administrator 
        shall determine the size of bonuses to be awarded under this 
        paragraph based solely on the performance of the Administration 
        in its entirety and not on the performance of any individual 
        employee or official.
    (f) Miscellaneous Provisions.--
            (1) Funding.--The Secretary may use amounts deducted under 
        section 104(a)(1)(B) of title 23, United States Code, to make 
        awards of performance dividends and bonuses under this section.
            (2) Relationship to other laws.--The authority to award 
        performance dividends and bonuses under this section shall be 
        in addition to any authority providing for bonuses or other 
        incentives under title 5, United States Code.
    (g) Report to Congress.--The Secretary shall report annually to 
Congress the contents of each performance agreement entered into under 
subsection (d), the official's performance relative to the goals of the 
performance agreement, and the performance dividends awarded or not 
awarded based on the performance of the official. 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) and the bonuses awarded 
or not awarded based on the performance of the Administration. The 
fiscal year 2002 annual report shall include an assessment of the 
effectiveness of the performance dividends and agencywide bonuses in 
improving the Administration's performance.

SEC. 103. 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--
                    (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. 104. ADDITIONAL FUNDING FOR MOTOR CARRIER SAFETY GRANT PROGRAM.

    (a) In General.--There shall be available out of the Highway Trust 
Fund (other than the Mass Transit Account) for the Secretary of 
Transportation to incur obligations to carry out section 31102 of title 
49, United States Code, $75,000,000 for each of fiscal years 2000 
through 2003.
    (b) Treatment.--Amounts made available by subsection (a) of this 
section shall be treated for purposes of section 31104 of title 49, 
United States Code, as being made available by subsection (a) of such 
section and shall be in addition to amounts made available by 
subsection (a) of such section and shall be subject to an obligation 
limitation separate from any obligation limitation applicable to funds 
made available by such section.
    (c) 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--
            ``(1) for fiscal year 2000 shall be increased by 
        $55,000,000; and
            ``(2) 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)--
            ``(1) for fiscal year 2000 shall be reduced by $55,000,000; 
        and
            ``(2) for each of fiscal years 2001 through 2003 shall be 
        reduced by $65,000,000.''.
    (d) Maintenance of Effort.--The Secretary may not make, from funds 
made available by 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 level of such expenditures 
for fiscal year 1999.
    (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 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. 105. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary of Transportation shall establish 
in the National Motor Carrier Administration a motor carrier safety 
advisory committee to advise, consult with, and make recommendations to 
the National Motor Carrier Administrator on matters relating to 
activities and functions of the Administration.
    (b) Composition.--The advisory committee shall be composed of 
representatives of the motor carrier industry, drivers and 
manufacturers of commercial motor vehicles, employee and safety 
organizations, enforcement agencies, insurance industry, and the 
public.
    (c) Termination Date.--The advisory committee shall remain in 
effect until September 30, 2003.

SEC. 106. EFFECTIVE DATE.

    (a) In General.--This title shall take effect on the date of 
enactment of this Act; except that the amendments made by section 101 
shall take effect on October 1, 2000.
    (b) Implementation.--
            (1) Authority of secretary.--The Secretary of 
        Transportation may take such action as may be necessary before 
        October 1, 2000, to ensure the orderly transfer of duties and 
        powers related to motor carrier safety, and employees carrying 
        out such duties and powers, from the Federal Highway 
        Administration to the National Motor Carrier Administration.
            (2) Budget submissions.--The President's budget submission 
        for fiscal year 2001 and each fiscal year thereafter shall 
        reflect the establishment of the National Motor Carrier 
        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
            ``(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 and 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.--Not later than 1 
year after the date of 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 serious 
offenses involving a motor vehicle other than a commercial motor 
vehicle. Such regulations shall establish the offenses and minimum 
periods for which such disqualifications shall be in effect, but in no 
case shall the types of disqualifying noncommercial motor vehicle 
offenses or 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 ``to operate 
        the vehicle and has a commercial driver's license to operate 
        the vehicle''.

SEC. 202. CDL SCHOOL BUS ENDORSEMENT.

    Section 31305(a) of title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8)(B) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) shall prescribe minimum testing standards for the 
        operation of a school bus (that is a vehicle described in 
        section 31301(4)(B)) in a State that elects to issue a 
        commercial driver's license school bus endorsement and may 
        prescribe different minimum testing standards for different 
        classes of school buses.''.

SEC. 203. REQUIREMENTS FOR STATE PARTICIPATION.

    (a) Notification of State Officials.--Section 31311(a)(9) of title 
49, United States Code, is amended--
            (1) by striking ``operating a commercial motor vehicle''; 
        and
            (2) by inserting ``commercial'' before ``driver's 
        license''.
    (b) Provisional Licenses.--Section 31311(a)(10) of such title is 
amended by inserting after ``commercial driver's license'' the 
following: ``(including a provisional or temporary commercial driver's 
license)''.
    (c) Recordkeeping.--Section 31311(a) of such title is amended by 
striking paragraph (13) and inserting the following:
            ``(13) 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 conviction by the State of the 
        individual for a violation 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 conviction.''.
    (d) Noncommercial Motor Vehicle Convictions.--Section 31311(a) of 
title 49, United States Code, is amended by adding at the end the 
following:
            ``(18) The State shall revoke, suspend, or cancel, for a 
        period determined in accordance with regulations issued by the 
        Secretary under section 31310(g), the commercial driver's 
        license of an individual who has been convicted of serious 
        offenses involving a motor vehicle other than a commercial 
        motor vehicle.''.
    (e) Conforming Amendment.--Section 31311(a)(15) of such title is 
amended by striking ``subsections (b)-(e), (g)(1)(A), and (g)(2) of''.

SEC. 204. STATE NONCOMPLIANCE.

    (a) In General.--Section 31314 of title 49, United States Code, is 
amended--
            (1) in the section heading by striking ``Withholding 
        amounts for''; and
            (2) by adding at the end the following:
    ``(d) Commercial Driver's Licenses.--
            ``(1) State not in substantial compliance.--If the 
        Secretary determines that a State is not in substantial 
        compliance with a requirement of section 31311(a), the 
        Secretary shall issue an order declaring that all commercial 
        driver's licenses issued by the State after the date of the 
        order are not valid and the State may not issue any commercial 
        driver's licenses after the date of such order.
            ``(2) Previously issued licenses.--Nothing in this 
        subsection 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 paragraph (1) with 
        respect to the State.
            ``(3) State in substantial compliance.--A State subject to 
        an order under paragraph (1) may not resume issuing commercial 
        driver's licenses until the Secretary determines that the State 
        is in substantial compliance with all of the requirements of 
        subsection 31311(a).
            ``(4) Nonresident cdls.--Any State other than a State 
        subject to an order under paragraph (1) shall issue a 
        nonresident commercial driver's license to any individual 
        domiciled in a State subject to such an order who meets all of 
        the requirements of this chapter and any applicable State 
        licensing requirements.''.
    (b) Conforming Amendment.--The analysis for chapter 313 of such 
title is amended by striking the item relating to section 31314 and 
inserting the following:

``31314. State noncompliance.''.

SEC. 205. 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) by striking ``for each of fiscal years 1999'' and 
        inserting ``for fiscal year 1999 and $375,000 for each of 
        fiscal years 2000''.

SEC. 206. 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, 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. 207. BORDER STAFFING STANDARDS.

    (a) Development and Implementation.--Not later than 1 year after 
the date of enactment of this Act, the Secretary of Transportation 
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 shall 
        designate 5 percent of amounts made available for allocation 
        under section 31104(f)(1) 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.--The amounts designated pursuant to this 
        subsection 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. 208. 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 has previously been found to have committed the same 
        violation or a related violation.
    (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.
    (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.
    (e) Semiannual Audit by Inspector General.--The Inspector General 
of the Department of Transportation shall conduct a semiannual audit of 
the National Motor Carrier Administration's enforcement activities, 
including an analysis of 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 
extrordinary circumstances under subsection (c) and the circumstances 
in which these findings are made and shall promptly submit the results 
of each such audit to Congress.

SEC. 209. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION AND DATA 
              IMPROVEMENT.

    (a) Objectives.--The Secretary of Transportation 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. 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;
            (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) Report.--The Secretary shall promptly transmit the results of 
the study, together with any legislative recommendations, to Congress. 
The Secretary shall review the study at least once every 5 years and 
update the study and report as necessary.
    (f) Data Improvements.--Based on the findings of the study, the 
Secretary shall work with the States, and other appropriate entities, 
to standardize crash data requirements, collection procedures, and 
reports.
    (g) Eligibility.--Notwithstanding section 104(a)(4) of title 23, 
United States Code, activities under this section shall be eligible for 
funding under section 104(a) of such title and may be carried out by 
any entity within the Department that the Secretary designates.