[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3419 Enrolled Bill (ENR)]

        H.R.3419

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
   the sixth day of January, one thousand nine hundred and ninety-nine


                                 An Act


 
 To amend title 49, United States Code, to establish the Federal Motor 
         Carrier Safety Administration, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short 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.

SEC. 2. SECRETARY DEFINED.

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

SEC. 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. 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.

          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 Traffic 
Safety Administrator on matters related to highway and motor carrier 
safety.''.
    (b) Administrative Expenses.--Section 104(a)(1) of title 23, United 
States Code, is amended--
        (1) in paragraph (1) by redesignating subparagraphs (A) and (B) 
    as clauses (i) and (ii), respectively, and by moving the text of 
    such clauses 2 ems to the right;
        (2) in paragraph (1) by striking ``exceed 1\1/2\ percent of all 
    sums so made available, as the Secretary determines necessary--'' 
    and inserting ``exceed--
            ``(A) 1\1/6\ percent of all sums so made available, as the 
        Secretary determines necessary--'';
        (3) by striking the period at the end of paragraph (1)(A)(ii) 
    (as redesignated by paragraphs (1) and (2) of this subsection) and 
    inserting ``; and'' and the following:
            ``(B) one-third of 1 percent of all sums so made available, 
        as the Secretary determines necessary, to administer the 
        provisions of law to be financed from appropriations for motor 
        carrier safety programs and motor carrier safety research.''; 
        and
        (4) by adding at the end the following:
        ``(4) Limitation on transferability.--Unless expressly 
    authorized by law, the Secretary may not transfer any sums deducted 
    under paragraph (1) to a Federal agency or entity other than the 
    Federal Highway Administration and the Federal Motor Carrier Safety 
    Administration.''.
    (c) Conforming Amendments.--
        (1) Chapter analysis.--The analysis for chapter 1 of title 49, 
    United States Code, is amended by adding at the end the following:

``113. Federal Motor Carrier Safety Administration.''.

        (2) Federal highway administration.--Section 104 of title 49, 
    United States Code, is amended--
            (A) in subsection (c)--
                (i) by striking the semicolon at the end of paragraph 
            (1) and inserting ``; and'';
                (ii) by striking paragraph (2); and
                (iii) by redesignating paragraph (3) as para-
            graph (2);
            (B) by striking subsection (d); and
            (C) by redesignating subsection (e) as subsection (d).
    (d) Positions in Executive Service.--
        (1) Administrator.--Section 5314 of title 5, United States 
    Code, is amended by inserting after
        ``Administrator of the National Highway Traffic Safety 
    Administration.''
    the following:
        ``Administrator of the Federal Motor Carrier Safety 
    Administration.''.
        (2) Deputy and assistant administrators.--Section 5316 of title 
    5, United States Code, is amended by inserting after
        ``Deputy Administrator of the National Highway Traffic Safety 
    Administration.''
    the following:
        ``Deputy Administrator of the Federal Motor Carrier Safety 
    Administration.
        ``Assistant Federal Motor Carrier Safety Administrator.''.
    (e) Personnel Levels.--The number of personnel positions at the 
Office of Motor Carrier Safety (and, beginning on January 1, 2000, the 
Federal Motor Carrier Safety Administration) at its headquarters 
location in fiscal year 2000 shall not be increased above the level 
transferred from the Federal Highway Administration to the Office of 
Motor Carrier Safety. The Secretary shall provide detailed 
justifications to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives for the personnel 
requested for fiscal years 2001, 2002, and 2003 for the Federal Motor 
Carrier Safety Administration when the President submits his budget, 
including a justification for increasing personnel at headquarters 
above the levels so transferred.
    (f) Authority to Promulgate Safety Standards for Retrofitting.--The 
authority under title 49, United States Code, to promulgate safety 
standards for commercial motor vehicles and equipment subsequent to 
initial manufacture is vested in the Secretary and may be delegated.
    (g) Conflicts of Interest.--
        (1) Compliance with regulation.--In awarding any contract for 
    research, the Secretary shall comply with section 1252.209-70 of 
    title 48, Code of Federal Regulations, as in effect on the date of 
    the enactment of this section. The Secretary shall require that the 
    text of such section be included in any request for proposal and 
    contract for research made by the Secretary.
        (2) Study.--
            (A) In general.--The Secretary shall conduct a study to 
        determine whether or not compliance with the section referred 
        to in paragraph (1) is sufficient to avoid conflicts of 
        interest in contracts for research awarded by the Secretary and 
        to evaluate whether or not compliance with such section 
        unreasonably delays or burdens the awarding of such contracts.
            (B) Consultation.--In conducting the study under this 
        paragraph, the Secretary shall consult, as appropriate, with 
        the Inspector General of the Department of Transportation, the 
        Comptroller General, the heads of other Federal agencies, 
        research organizations, industry representatives, employee 
        organizations, safety organizations, and other entities.
            (C) Report.--Not later than 18 months after the date of the 
        enactment of this Act, the Secretary shall transmit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report on the results of the 
        study conducted under this paragraph.

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

SEC. 104. 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.--
        (1) Measurable goals.--The strategy and annual plans under 
    subsection (a) shall include, at a minimum, specific numeric or 
    measurable goals designed to achieve the strategic goals of 
    subsection (a). The purposes of the numeric or measurable goals are 
    as follows:
            (A) To increase the number of inspections and compliance 
        reviews to ensure that all high-risk commercial motor vehicles, 
        operators, and carriers are examined.
            (B) To eliminate, with meaningful safety measures, the 
        backlog of rulemakings.
            (C) To improve the quality and effectiveness of data bases 
        by ensuring that all States and inspectors accurately and 
        promptly report complete safety information.
            (D) To eliminate, with meaningful civil and criminal 
        penalties for violations, the backlog of enforcement cases.
            (E) To provide for a sufficient number of Federal and State 
        safety inspectors, and provide adequate facilities and 
        equipment, at international border areas.
        (2) Resource needs.--In addition, the strategy and annual plans 
    shall include estimates of the funds and staff resources needed to 
    accomplish each activity. Such estimates shall also include the 
    staff skills and training needed for timely and effective 
    accomplishment of each goal.
        (3) Savings clause.--In developing and assessing progress 
    toward meeting the measurable goals set forth in this subsection, 
    the Secretary and the Federal Motor Carrier Safety Administrator 
    shall not take any action that would impinge on the due process 
    rights of motor carriers and drivers.
    (c) Submission With the President's Budget.--Beginning with fiscal 
year 2001 and each fiscal year thereafter, the Secretary shall submit 
to Congress the strategy and annual plan at the same time as the 
President's budget submission.
    (d) Annual Performance.--
        (1) Annual performance agreement.--For each of fiscal years 
    2001 through 2003, the following officials shall enter into annual 
    performance agreements:
            (A) The Secretary and the Federal Motor Carrier Safety 
        Administrator.
            (B) The Administrator and the Deputy Federal Motor Carrier 
        Safety Administrator.
            (C) The Administrator and the Chief Safety Officer of the 
        Federal Motor Carrier Safety Administration.
            (D) The Administrator and the regulatory ombudsman of the 
        Administration designated by the Administrator under subsection 
        (f).
        (2) Goals.--Each annual performance agreement entered into 
    under paragraph (1) shall include the appropriate numeric or 
    measurable goals of subsection (b).
        (3) Progress assessment.--Consistent with the current 
    performance appraisal system of the Department of Transportation, 
    the Secretary shall assess the progress of each official (other 
    than the Secretary) referred to in paragraph (1) toward achieving 
    the goals in his or her performance agreement. The Secretary shall 
    convey the assessment to such official, including identification of 
    any deficiencies that should be remediated before the next progress 
    assessment.
        (4) Administration.--In deciding whether or not to award a 
    bonus or other achievement award to an official of the 
    Administration who is a party to a performance agreement required 
    by this subsection, the Secretary shall give substantial weight to 
    whether the official has made satisfactory progress toward meeting 
    the goals of his or her performance agreement.
    (e) Achievement of Goals.--
        (1) Progress assessment.--No less frequently than semiannually, 
    the Secretary and the Administrator shall assess the progress of 
    the Administration toward achieving the strategic goals of 
    subsection (a). The Secretary and the Administrator shall convey 
    their assessment to the employees of the Administration and shall 
    identify any deficiencies that should be remediated before the next 
    progress assessment.
        (2) Report to congress.--The Secretary shall report annually to 
    Congress the contents of each performance agreement entered into 
    under subsection (d) and the official's performance relative to the 
    goals of the performance agreement. In addition, the Secretary 
    shall report to Congress on the performance of the Administration 
    relative to the goals of the motor carrier safety strategy and 
    annual plan under subsection (a).
    (f) Expediting Regulatory Proceedings.--The Administrator shall 
designate a regulatory ombudsman to expedite rulemaking proceedings. 
The Secretary and the Administrator shall each delegate to the 
ombudsman such authority as may be necessary for the ombudsman to 
expedite rulemaking proceedings of the Administration to comply with 
statutory and internal departmental deadlines, including authority to--
        (1) make decisions to resolve disagreements between officials 
    in the Administration who are participating in a rulemaking 
    process; and
        (2) ensure that sufficient staff are assigned to rulemaking 
    projects to meet all deadlines.

SEC. 105. 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. SAVINGS PROVISION.

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

SEC. 107. EFFECTIVE DATE.

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

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

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

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

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

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

SEC. 212. COMMERCIAL VAN RULEMAKING.

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

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. CDL SCHOOL BUS ENDORSEMENT.

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

SEC. 215. MEDICAL CERTIFICATE.

    The 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 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. The 
initial update shall occur not later than 1 year after the date of the 
enactment of this Act.

SEC. 218. BORDER STAFFING STANDARDS.

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

SEC. 219. 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.
    (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. 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. 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 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. 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.
    (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. 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.
        (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. 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 into agreements with the States to collect data and 
    report the data by electronic means to a central data repository; 
    and
        (2) train State employees and motor carrier safety enforcement 
    officials to assure the quality and uniformity of the data.
    (c) Use of Data.--The National Highway Traffic Safety 
Administration shall--
        (1) integrate the data, including driver citation and 
    conviction information; and
        (2) make the data base available electronically to the Federal 
    Motor Carrier Safety Administration, the States, motor carriers, 
    and other interested parties for problem identification, program 
    evaluation, planning, and other safety-related activities.
    (d) Report.--Not later than 3 years after the date on which the 
improved data program begins, the Secretary shall transmit a report to 
Congress on the program, together with any recommendations the 
Secretary finds appropriate.
    (e) Funding.--Of the amounts deducted under section 104(a)(1)(B) of 
title 23, United States Code, for each of fiscal years 2001, 2002, and 
2003 $5,000,000 per fiscal year shall be available only to carry out 
this section.
    (f) Additional Funding for Information Systems.--
        (1) In general.--Of the amounts made available for each of 
    fiscal years 2001, 2002, and 2003 under section 4003(i) of the 
    Transportation Equity Act for the 21st Century (112 Stat. 395-398), 
    as added by section 103(b)(1) of this Act, $5,000,000 per fiscal 
    year shall be available only to carry out section 31106 of title 
    49, United States Code.
        (2) Amounts as additional.--The amounts made available by 
    paragraph (1) shall be in addition to amounts made available under 
    section 31107 of title 49, United States Code.

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

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 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. 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.