[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1501 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1501

        To improve motor carrier safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 1999

  Mr. McCain introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
        To improve motor carrier safety, 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.

    This Act may be cited as the ``Motor Carrier Safety Improvement Act 
of 1999''.

SEC. 2. ESTABLISHMENT OF A MOTOR CARRIER SAFETY ADMINISTRATION.

    (a) In General.--Chapter 1 of subtitle I of title 49, United States 
Code, is amended by adding at the end thereof the following:
``Sec. 113. Motor Carrier Safety Administration
    ``(a) Establishment.--The Motor Carrier Safety Administration is an 
administration of the Department of Transportation.
    ``(b) Administrator.--The Head of the Administration is an 
Administrator who is 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 reports directly 
to the Secretary.
    ``(c) Functions, Powers, and Duties.--The Administrator shall carry 
out--
            ``(1) duties and powers related to motor carrier safety 
        vested in the Secretary by chapters 5, 311, 313, 315, and 317 
        of this title; and
            ``(2) other functions, powers, and duties of the Secretary 
        related to motor carriers as prescribed by the Secretary, 
        except for the authority to promulgate motor vehicle safety 
        standards applicable to the manufacture and retrofit of trucks 
        and buses which authority shall be in the National Highway 
        Traffic Safety Administration.
    ``(d) Motor Coach Division.--Within the Administration, there shall 
be a separate division to oversee commercial motor coach safety and to 
carry out other functions, powers, and duties of the Secretary as 
prescribed by the Secretary.
    ``(e) Continuity of Operations.--
            ``(1) In general.--Except as otherwise provided in the 
        Motor Carrier Safety Improvement Act of 1999, or the amendments 
        made thereby, the Administrator shall perform all functions 
        that, immediately before the effective date of such Act, were 
        functions of the Office of Motor Carrier and Highway Safety of 
        the Federal Highway Administration or were performed by any 
        officer or employee of the Office of Motor Carrier and Highway 
        Safety in the capacity of such officer or employee. Those 
        personnel, property, and records employed, used, held, 
        available, or to be made available in connection with a 
        function transferred to the Administrator by this Act shall be 
        transferred to the Administrator for use in connection with the 
        functions transferred, and unexpended balances of 
        appropriations, allocations, or other funds of the Office of 
        Motor Carrier and Highway Safety shall also be transferred to 
        the Administrator.
            ``(2) Cap on personnel and funding at fy 2000 level.--
        Except as otherwise provided in the Motor Carrier Safety 
        Improvement Act of 1999, or the amendments made thereby, the 
        number of personnel employed by, and funds available for 
        operations of, the Motor Carrier Safety Administration shall 
        not exceed the number of personnel, or funds available, 
        respectively, within the Department of Transportation for the 
        duties, powers, and functions described in subsection (c) for 
        fiscal year 2000.''.
    (b) Conforming Amendments.--
            (1) Federal highway administration.--Section 104 of title 
        49, United States Code, is amended--
                    (A) by inserting ``and'' after the semicolon in 
                subsection (c)(1);
                    (B) by striking paragraph (2) of subsection (c) and 
                redesignating paragraph (3) as paragraph (2); and
                    (C) by striking subsection (d) and redesignating 
                subsection (e) as subsection (d).
            (2) Chapter analysis.--The chapter analysis for such 
        chapter is amended by adding at the end thereof the following:

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

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) Motor Carrier Safety Administration.--There are authorized to 
be appropriated to the Secretary of Transportation from the Highway 
Trust Fund (other than from the Mass Transit Account) such sums as may 
be necessary to pay the operating expenses of the Motor Carrier Safety 
Administration.
    (b) Availability of Amounts for State Grants.--Section 31104(a) of 
title 49, United States Code is amended to read as follows:
    ``(a) In General.--The following amounts are authorized for the 
Secretary of Transportation to incur obligations to carry out section 
31102:
            ``(1) Not more than $120,500,000 for fiscal year 2000, of 
        which not less than $95,000,000 will be made available from the 
        Highway Trust Fund (other than the Mass Transit Account).
            ``(2) Not more than $125,500,000 for fiscal year 2001, of 
        which not less than $100,000,000 will be made available from 
        the Highway Trust Fund (other than the Mass Transit Account).
            ``(3) Not more than $130,500,000 for fiscal year 2002, of 
        which not less than $105,000,000 will be made available from 
        the Highway Trust Fund (other than the Mass Transit Account).
            ``(4) Not more than $135,500,000 for fiscal year 2003, of 
        which not less than $110,000,000 will be made available from 
        the Highway Trust Fund (other than the Mass Transit 
        Account).''.
    (c) Contract Authority Funding for Information Systems.--
            (1) In general.--Section 31107 of title 49, United States 
        Code, is amended--
                    (A) by striking so much of the section as precedes 
                subsection (b) and inserting the following:
``Sec. 31107. Authorization of appropriations and contract authority 
              funding for information systems
    ``(a) Funding.--The following amounts are authorized to carry out 
sections 31106 and 31309 of this title:
            ``(1) Not more than $35,000,000 for fiscal year 2000, of 
        which not less than $10,000,000 will be made available from the 
        Highway Trust Fund (other than the Mass Transit Account).
            ``(2) Not more than $36,500,000 for fiscal year 2001, of 
        which not less than $12,000,000 will be made available from the 
        Highway Trust Fund (other than the Mass Transit Account).
            ``(3) Not more than $36,500,000 for fiscal year 2002, of 
        which not less than $12,000,000 will be made available from the 
        Highway Trust Fund (other than the Mass Transit Account).
            ``(4) Not more than $39,500,000 for fiscal year 2003, of 
        which not less than $15,000,000 will be made available from the 
        Highway Trust Fund (other than the Mass Transit Account).''; 
        and
                    (B) by redesignating subsection (b) as subsection 
                (c), and inserting after subsection (a) the following:
    ``(b) Emergency CDL Program Grants.--Of the amounts authorized by 
subsection (a), the Secretary may provide a grant of up to $1,000,000 
to a grant to a State whose commercial driver's license program is in 
danger of being designated as failing to fulfill compliance 
requirements. If the Secretary determines a State will not fulfill 
compliance requirements after it has received such a grant, the 
Secretary shall immediately suspend the State's authority to issue 
commercial driver's licenses.''.
            (2) Conforming amendment.--The analysis for such chapter is 
        amended by striking the item relating to section 31107 and 
        inserting the following:

``31107. Authorization of appropriations and contract authority funding 
                            for information systems.''.

SEC. 4. ADMINISTRATIVE IMPROVEMENTS.

    The Secretary of Transportation shall implement the safety 
improvement recommendations provided for in the Department of 
Transportation Inspector General's Report TR-1999-91. The Secretary 
shall report to the Senate Committee on Commerce, Science, and 
Transportation and the House Committee on Transportation and 
Infrastructure the specific actions taken to carry out this section 
every 90 days, beginning 90 days after the date of enactment of this 
Act, until all of those recommendations have been implemented.

SEC. 5. IMPROVEMENTS TO THE COMMERCIAL DRIVERS LICENSE PROGRAM.

    (a) In General.--Section 31311(a) of title 49, United States Code, 
is amended--
            (1) by striking ``commercial'' the second place it appears 
        in paragraph (6);
            (2) by striking ``cancellation.'' in paragraph (8) and 
        inserting ``cancellation, and the violation that resulted in 
        the disqualification, revocation, suspension, or cancellation 
        shall be recorded.'';
            (3) by striking ``individual operating a commercial'' in 
        paragraph (9) and inserting ``individual possessing a 
        commercial driver's license operating a'';
            (4) by striking ``violation.'' in paragraph (9) and 
        inserting ``violation, and the violation shall be recorded.'';
            (5) by adding at the end of paragraph (10) the following: 
        ``The State may not issue a special license or permit 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--
                    ``(A) the individual is disqualified from operating 
                a commercial motor vehicle; or
                    ``(B) the individual's driver's license is revoked, 
                suspended, or canceled.''; and
            (6) by adding at the end thereof the following:
            ``(18) The State shall maintain, as part of its driver 
        information system, a record of each violation by, or 
        conviction under, 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.
            ``(19) The State may not allow information regarding 
        violations described in section 31310 of this chapter to be 
        withheld or masked in any way from the record of an individual 
        possessing a commercial driver's license. This paragraph takes 
        effect on January 1, 2001.''.
    (b) Withholding for Noncompliance.--Subsections (a) and (b) of 
31314 of title 49, United States Code, are each amended by striking 
``shall withhold'' and inserting ``may withhold up to''.
    (c) Medical Certificates.--
            (1) Medical certificates.--Within 6 months after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        initiate a rulemaking to provide for a Federal medical 
        qualification certificate to be made a part of commercial 
        drivers' licenses issued by any State.
            (2) National registry of medical providers.--The Secretary 
        shall initiate a rulemaking to establish a national registry of 
        preferred medical providers. To be listed in the registry, a 
        medical provider shall, at a minimum, demonstrate knowledge of 
        the Federal Motor Carrier Safety Standards for driver medical 
        and physical qualifications.
    (d) Decertification Authority.--
            (1) In general.--Chapter 313 of title 49, United States 
        Code, is amended by adding at the end thereof the following:
``Sec.  31312. Decertification authority
    ``If the Secretary of Transportation determines that a State is in 
substantial noncompliance with this chapter, the Secretary shall--
            ``(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 compliance with this chapter.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        313 of title 49, United States Code, is amended by adding at 
        the end thereof the following:

``31312. Decertification authority''.

SEC. 6. IMPROVED DATA COLLECTION AND MOTOR CARRIER SAFETY.

    (a) In General.--The Secretary of Transportation shall carry out a 
program, in cooperation with the States, 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 Motor Carrier Safety Administration. The National 
Highway Traffic 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 
        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.--Within 3 years after the date on which the improved 
data program begins, the Secretary shall transmit a report to the 
Congress on the program, together with any recommendations the 
Secretary finds appropriate.
    (e) Funding.--For each of the fiscal years 2001, 2002, and 2003, 
the Secretary may use up to $10,000,000 of the amounts made available 
to the Secretary under section 31107 of title 49, United States Code, 
to carry out this section.
    (f) Harmonization of Reporting Violations by States.--The Secretary 
of Transportation, in cooperation with the States, shall develop a 
uniform system to support the electronic transmission of data State-to-
State on violations of all motor vehicle traffic control laws by 
individuals possessing a commercial drivers' licenses as required by 
sections 31311(a)(9) and (19) of title 49, United States Code. Not 
later than 2 years after the date of enactment of this act, the 
Secretary shall transmit to the Committee on Commerce, Science and 
Transportation and the Committee on Transportation and Infrastructure a 
report on the status of the implementation of this subsection.
    (g) Motor Carrier Safety Initiatives.--
            (1) Event recorders.--The Secretary of Transportation shall 
        establish a department-wide policy to ensure the protection of 
        privacy for any individual or entity utilizing electronic 
        recorders or other technology to monitor vehicle and operator 
        performance or location. Under the policy established by the 
        Secretary the data obtained from the devices shall receive no 
        less protection than that provided for users and owners of 
        flight data recorders, cockpit voice recorders, and other forms 
        of safety information under Federal Aviation Administration and 
        National Transportation Safety Board privacy procedures or 
        regulations.
            (2) 8-passenger vehicle safety rule.--The regulations 
        prescribed by the Secretary of Transportation under section 
        31136 of title 49, United States Code, apply to operators of 
        commercial motor vehicles described in section 31132(1)(B) of 
        such title. This paragraph takes effect 60 days after the date 
        of enactment of this Act.
            (3) Data improvements for uniform carrier registration 
        system.--Section 13908 of title 49, United States Code, is 
        amended--
                    (A) by striking the last sentence of subsection 
                (d); and
                    (B) by adding at the end thereof the following:
    ``(f) Deadline for Operational System.--The uniform carrier 
registration system developed under this section shall be in operation 
no later than one year after the date of enactment of the Motor Carrier 
Safety Improvement Act of 1999.''.
            (4) Minimum financial responsibility.--
                    (A) Transportation of passengers.--Section 31138 of 
                title 49, United States Code, is amended--
                            (i) by striking ``for compensation'' in 
                        subsection (a); and
                            (ii) adding at the end of subsection (c) 
                        the following:
            ``(4) The Secretary shall require all persons subject to 
        the minimum financial responsibility requirements of this 
        section to file evidence of the required financial 
        responsibility with the Secretary.''.
                    (B) Transportation of Property.--Section 31139 of 
                title 49, United States Code, is amended--
                            (i) by striking ``for compensation'' in 
                        subsection (b)(1); and
                            (ii) adding at the end of subsection (e) 
                        the following:
            ``(4) The Secretary shall require all persons subject to 
        the minimum financial responsibility requirements of this 
        section to file evidence of the required financial 
        responsibility with the Secretary.''.

SEC. 7. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary of Transportation may establish a 
Commercial Motor Vehicle Safety Advisory Committee to provide advice 
and recommendations on a range of regulatory issues. The members of the 
advisory committee shall be appointed by the Secretary from among 
individuals affected by rulemakings under consideration by the 
Department of Transportation, including representatives of labor, 
industry, safety advocates, manufacturers, and safety enforcement 
officials. No one interest may constitute a majority of the advisory 
committee.
    (b) Function.--The advisory committee established under subsection 
(a) shall provide advice to the Secretary on commercial motor vehicle 
safety regulations and assist the Secretary in timely completion of 
ongoing rulemakings by utilizing negotiated rulemaking procedures.

SEC. 8. OWNER-CONTROLLED INSURANCE PROGRAM ACCOUNTABILITY.

    (a) In General.--Section 305 of title 49, United States Code, is 
amended by adding at the end thereof the following:
    ``(c) Owner-Controlled Insurance Program Accountability.--
            ``(1) In general.--For all transportation projects 
        receiving Federal funding, the Secretary shall--
                    ``(A) ensure that reserves for owner-controlled 
                insurance programs do not exceed current and projected 
                liabilities, as computed using acceptable actuarial 
                cost methods, for claims;
                    ``(B) in the case of liabilities that do not become 
                payable for more than one year after reserves are 
                provided, ensure that the reserve amounts do not exceed 
                the discounted value of the liabilities; and
                    ``(C) ensure that adjustments in owner-controlled 
                insurance program premiums and reserves are made at 
                least annually.
            ``(2) Refunds.--Any refunds of insurance premiums or 
        reserve amounts, including interest, that exceed a project's 
        liabilities shall be immediately returned to the Federal 
        government.''.
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