[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1559 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1559

 To amend title 49, United States Code, to enhance the safety of motor 
 carrier operations and the Nation's highway system, including highway-
    rail crossings, by amending existing safety laws to strengthen 
   commercial driver licensing, to improve compliance, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 1999

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

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to enhance the safety of motor 
 carrier operations and the Nation's highway system, including highway-
    rail crossings, by amending existing safety laws to strengthen 
   commercial driver licensing, to improve compliance, and for other 
                               purposes.

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

                     TITLE I--MOTOR CARRIER SAFETY

SEC. 101. SHORT TITLE.

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

SEC. 102. COMMERCIAL DRIVERS' LICENSES.

    (a) Driver's License Criteria.--Section 31305(a) of title 49, 
United States Code, is amended by--
            (1) striking ``and'' after the semicolon in paragraph (7);
            (2) redesignating paragraph (8) as paragraph (9); and
            (3) adding a new paragraph (8) after paragraph (7) as 
        follows:
            ``(8) shall ensure that an individual who operates or will 
        operate a commercial motor vehicle has received training, 
        including in-vehicle training, in the safe operation of a motor 
        vehicle of the type the individual operates or will operate; 
        and''.
    (b) Moving Traffic Violations.--Section 31311(a) of title 49, 
United States Code, is amended by--
            (1) redesignating paragraph (17) as paragraph (18); and
            (2) adding a new paragraph (17) after paragraph (16) as 
        follows:
            ``(17) The State shall record on a driver's commercial 
        driver's license record each conviction for a moving traffic 
        violation, including such a conviction for a violation 
        committed in a noncommercial motor vehicle.''.
    (c) Drug- or Alcohol-Related Violations.--Section 31311(a) of title 
49, United States Code, is further amended by adding a new paragraph at 
the end as follows:
            ``(19) The State may not issue a commercial driver's 
        license to an individual within 3 years after the date the 
        individual was convicted of any drug- or alcohol-related 
        traffic violation, including a conviction for a violation 
        committed in a noncommercial motor vehicle.''.
    (d) Diversion or Special Licensing Programs.--Section 31311(a)(10) 
of title 49, United States Code, is amended by adding a new sentence at 
the end as follows: ``The State may not issue a special license or 
permit to a commercial driver's license holder that permits the driver 
to drive a commercial motor vehicle during a period in which the 
individual is disqualified from operating a commercial motor vehicle or 
the individual's driver's license is revoked, suspended, or 
canceled.''.
    (e) Transfer of Amounts for State Noncompliance.--(1) Section 31314 
of title 49, United States Code, is amended to read as follows:
``Sec. 31314. Transfer of amounts for State noncompliance
    ``(a) In General.--On October 1, 2001, or as soon thereafter as 
practicable, and each October 1 thereafter, if a State has not complied 
substantially with all requirements of section 31311(a) of this title, 
the Secretary of Transportation shall transfer up to 5 percent of the 
amount required to be apportioned to the State on that date under each 
of paragraphs (1), (3), and (4) of section 104(b) of title 23 to the 
amount made available to the State to carry out section 31102.
    ``(b) Transfer of Obligation Authority.--If the Secretary transfers 
under this section any funds to the apportionment to a State under 
section 31102 of this title for a fiscal year, the Secretary shall 
transfer an equal amount of obligation authority distributed for the 
fiscal year to the State.
    ``(c) Limitation on Applicability of Obligation Limitation.--
Notwithstanding any other provision of law, no limitation on the total 
of obligations to carry out section 31102 of this title shall apply to 
funds transferred under this section to the apportionment of a State 
under such section.''.
    (2) Item 31314 in the analysis of chapter 313 of title 49, United 
States Code, is amended to read as follows:

``31314. Transfer of amounts for State noncompliance.''.

SEC. 103. SAFETY FITNESS OF OWNERS AND OPERATORS.

    Section 31144(b)(1) of title 49, United States Code, is amended by 
inserting the following before the period at the end of that paragraph: 
``, including a requirement that no owner or operator that begins 
commercial motor vehicle operations after the date of enactment of this 
section will be determined to be fit unless such owner or operator has 
attended a program for the education of owners and operators that 
covers, at a minimum, safety, size and weight, and financial 
responsibility regulations administered by the Secretary. The Secretary 
shall assess a fee to defray the cost of the program. The Secretary may 
use third parties to provide the education program.''.

SEC. 104. REDISTRIBUTION OF UNUSED FEDERAL-AID OBLIGATION AUTHORITY.

    Section 1102(d) of the Transportation Equity Act for the 21st 
Century (Public Law 105-178) is amended by inserting at the end the 
following: ``, except that, beginning in fiscal year 2001 through 
fiscal year 2003, no redistribution shall be made to a State that fails 
to reduce the number of fatalities in a year resulting from commercial 
motor vehicle crashes by at least 5 percent, based on the most recent 
year for which such data are available compared to the previous year. 
For purposes of this section `commercial motor vehicle' has the meaning 
specified in section 31301 of title 49, United States Code.''.

SEC. 105. ON-BOARD RECORDERS.

    (a) Federal Regulations.--The Secretary of Transportation, after 
notice and opportunity for comment, shall issue regulations requiring, 
as appropriate, the installation and use of on-board recorders or other 
technologies on commercial motor vehicles to manage the hours of 
service of drivers.
    (b) Definitions.--In this section ``commercial motor vehicle'' has 
the meaning specified in section 31132 of title 49, United States Code.
    (c) Deadlines.--The regulations required under subsection (a) of 
this section shall be developed pursuant to a rulemaking proceeding 
initiated within 120 days after enactment of this section and shall be 
issued not later than 2 years after the date of enactment.

SEC. 106. DRIVER COMPENSATION AND SAFETY STUDY.

    (a) Study.--The Secretary of Transportation shall conduct a study 
to identify methods used to compensate drivers of commercial motor 
vehicles, examine how different methods may affect safety and 
compliance with Federal and State motor carrier safety requirements, 
including hours of service regulations, and identify ways safety could 
be improved through changes in driver compensation. Such study should 
include an examination of compensation incentives which could improve 
safety and compliance with safety regulations.
    (b) Consultation.--In carrying out the study, the Secretary shall 
consult with private and for-hire motor carriers, independent owner 
operators, organized labor, drivers, safety organizations, and State 
and local governments.
    (c) Report.--Not later than 3 years after the date of enactment of 
this section, the Secretary shall transmit to Congress a report on the 
results of the study with any recommendations the Secretary determines 
appropriate as a result of the study.
    (d) Availability of Amounts.--$250,000 per fiscal year for fiscal 
years 2001 through 2003 are made available from the Highway Trust Fund 
(other than the Mass Transit Account) for the Secretary of 
Transportation to carry out this section.
    (e) Contract Authority; Date Available for Obligation.--The amounts 
made available by this section from the Highway Trust Fund (other than 
the Mass Transit Account) to carry out this section shall be available 
for obligation on October 1, or as soon thereafter as practicable, of 
the fiscal year for which they are available for obligation.

SEC. 107. PUBLIC INFORMATION AND EDUCATION.

    The Secretary of Transportation shall expend from administrative 
funds deducted under section 104(a) of title 23, United States Code, 
not more than $500,000 for each fiscal year, beginning in fiscal year 
2001, to carry out public information and education programs to prevent 
crashes involving commercial motor vehicles. The Secretary shall make 
grants to at least 3 entities from among States, local governments, law 
enforcement organizations, private sector entities, nonprofit 
organizations, or commercial motor vehicle driver organizations to 
develop and implement programs to discourage drivers of commercial 
motor vehicles and drivers of passenger vehicles and motor carriers 
from taking safety risks. Such programs may be based on methods used in 
other public safety campaigns to improve driver performance.

SEC. 108. PERIODIC REFILING OF MOTOR CARRIER IDENTIFICATION REPORTS.

    (a) Federal Regulations.--The Secretary of Transportation shall 
amend section 385.21 of title 49, Code of Federal Regulations, to 
require periodic updating of the Motor Carrier Identification Report, 
Form MCS-150, by each motor carrier conducting operations in interstate 
or foreign commerce.
    (b) Availability of Amounts.--$5,500,000 per year, for fiscal years 
2001 through 2003, are made available from the Highway Trust Fund 
(other than the Mass Transit Account) to the Secretary of 
Transportation to carry out this section.
    (c) Administrative Costs.--The Secretary may use, for the 
administration of this section, amounts made available under subsection 
(b) of this section for each of fiscal years 2001 through 2003.
    (d) Contract Authority; Date Available for Obligation.--The amounts 
made available by this section from the Highway Trust Fund (other than 
the Mass Transit Account) to carry out this section shall be available 
for obligation on October 1, or as soon thereafter as practicable, of 
the fiscal year for which they are available for obligation.

SEC. 109. AIDING AND ABETTING.

    (a) Chapter 5 of title 49, United States Code, is amended by 
inserting the following after section 526:
``Sec. 527. Aiding and abetting
    ``A person who knowingly aids, abets, counsels, commands, induces, 
or procures a violation of a regulation or order issued by the 
Secretary of Transportation under chapter 311 or section 31502 of this 
title shall be subject to civil and criminal penalties under this 
chapter to the same extent as the motor carrier or driver who commits a 
violation.''.
    (b) The analysis of chapter 5 of title 49, United States Code, is 
amended by adding the following at the end:

``527. Aiding and abetting.''.

SEC. 110. IMMINENT HAZARD.

    Section 521(b)(5) of title 49, United States Code, is amended by 
revising subparagraph (B) to read as follows:
                    ``(B) In this paragraph `imminent hazard' means any 
                violation, or series of violations, of the statutes or 
                regulations specified in subparagraph (A) of this 
                paragraph that could result in a highway crash if not 
                discontinued within 24 hours.''.

SEC. 111. INNOVATIVE TRAFFIC LAW PILOT PROGRAM.

    (a) Pilot Program.--The Secretary of Transportation shall carry out 
a pilot program in cooperation with 1 or more States to develop 
innovative methods of improving compliance with traffic laws, including 
those pertaining to highway-rail grade crossings. Such methods may 
include the use of photography and other imaging technologies.
    (b) Report.--Not later than 3 years after the start of the pilot 
program, the Secretary shall transmit to Congress a report on the 
results of the pilot program, together with any recommendations as the 
Secretary determines appropriate.
    (c) Availability of Amounts.--$500,000 per year, for fiscal years 
2001 through 2003, are made available from the Highway Trust Fund 
(other than the Mass Transit Account) to the Secretary of 
Transportation to carry out this section.
    (d) Contract Authority; Date Available for Obligation.--The amounts 
made available by this section from the Highway Trust Fund (other than 
the Mass Transit Account) to carry out this section shall be available 
for obligation on October 1, or as soon thereafter as practicable, of 
the fiscal year for which they are made available for obligation.

SEC. 112. RESEARCH ON HEAVY VEHICLE SAFETY AND DRIVER PERFORMANCE.

    (a) Research on Heavy Vehicle Safety and Driver Performance.--The 
Secretary, through the National Highway Traffic Safety Administration, 
shall conduct research on heavy vehicle safety, including measures to 
improve braking and stability, measures to improve vehicle 
compatibility in crashes between heavier and lighter vehicles, and 
measures to improve the performance of motor vehicle drivers.
    (b) Availability of Amounts.--$5,000,000 per year, for fiscal years 
2001 through 2003, are made available from the Highway Trust Fund 
(other than the Mass Transit Account) to the Secretary of 
Transportation to carry out this section.
    (c) Contract Authority; Date Available for Obligation.--The amounts 
made available by this section from the Highway Trust Fund (other than 
the Mass Transit Account) to carry out this section shall be available 
for obligation on October 1, or as soon thereafter as practicable, of 
the fiscal year for which they are made available for obligation.

SEC. 113. IMPROVED DATA ANALYSIS SYSTEM.

    (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 involving commercial vehicles.
    (b) Program Administration.--The Secretary shall administer the 
program through the National Highway Traffic Safety Administration, 
which shall be responsible for entering into agreements with the States 
to collect data, train State employees to assure the quality and 
uniformity of the data, and report the data by electronic means to a 
central data repository.
    (c) Program Development.--The National Highway Traffic Safety 
Administration and the Federal Highway Administration shall develop a 
data program in cooperation with the States, motor carriers, and other 
data users to determine data needs; develop data definitions to assure 
high-quality, compatible data; and create an accessible database that 
will improve commercial vehicle safety. The program should also 
incorporate driver citation and conviction information into the data 
system. Emphasis should also be placed on highway and traffic data.
    (d) Use of Data.--The National Highway Traffic Safety 
Administration shall be responsible for integrating the data; 
generating reports from the data; and making the database available 
electronically to the Federal Highway Administration, the States, motor 
carriers, and other interested parties for problem identification, 
program evaluation, planning, and other safety-related activities.
    (e) Report.--Not later than 3 years after the start of the improved 
data program, the Secretary shall transmit to Congress a report on the 
program, together with any recommendations as the Secretary determines 
appropriate.
    (f) Availability of Amounts.--Of the amounts made available under 
section 31107 of title 49, United States Code, $10,000,000 per year, 
for fiscal years 2001 through 2003, may be used by the Secretary of 
Transportation to carry out this section.
    (g) Contract Authority; Date Available for Obligation.--The amounts 
made available by this section from the Highway Trust Fund (other than 
the Mass Transit Account) to carry out this section shall be available 
for obligation on October 1, or as soon thereafter as practicable, of 
the fiscal year for which they are made available for obligation.

SEC. 114. AUTHORIZATIONS--FISCAL YEARS 2001 THROUGH 2003.

    (a) Grants.--Section 31104(a) of title 49, United States Code, is 
amended by revising paragraphs (4) through (6) to read as follows:
            ``(4) Not more than $125,500,000 for fiscal year 2001.
            ``(5) Not more than $130,500,000 for fiscal year 2002.
            ``(6) Not more than $135,500,000 for fiscal year 2003.''.
    (b) Information Systems.--Section 31107(a) of title 49, United 
States Code, is amended by--
            (1) striking ``and'' in paragraph (2); and
            (2) revising paragraphs (3) and (4) to read as follows:
            ``(3) $36,500,000 for each of fiscal years 2001 and 2002; 
        and
            ``(4) $39,500,000 for fiscal year 2003.''.

              TITLE II--HIGHWAY-RAIL GRADE CROSSING SAFETY

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Highway-Rail Grade Crossing Safety 
Act of 1999''.

SEC. 202. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS.

    Section 20152 of title 49, United States Code, is amended to read 
as follows:
``Sec. 20152. Emergency notification of grade crossing problems
    ``(a) Program.--(1) The Secretary of Transportation shall promote 
the establishment of emergency notification systems utilizing toll-free 
telephone numbers that the public can use to convey to railroad 
carriers, either directly or through public safety personnel, 
information about malfunctions of automated warning devices or other 
safety problems at highway-rail grade crossings.
    ``(2) To assist in encouraging widespread use of such systems, the 
Secretary may provide technical assistance and enter into cooperative 
agreements. Such assistance shall include appropriate emphasis on the 
public safety needs associated with operation of small railroads.
    ``(b) Report.--Not later than 24 months following enactment of the 
Highway-Rail Grade Crossing Safety Act  of 1999, the Secretary shall 
report to Congress the status of such emergency notification systems, 
together with any recommendations for further legislation that the 
Secretary considers appropriate.
    ``(c) Clarification of Term.--In this section, the use of the term 
`emergency' does not alter the circumstances under which a signal 
employee subject to the hours of service law limitations in chapter 211 
of this title may be permitted to work up to 4 additional hours in a 
24-hour period when an `emergency' under section 21104(c) of this title 
exists and the work of that employee is related to the emergency.''.

SEC. 203. VIOLATION OF GRADE CROSSING SIGNALS.

    (a) In General.--Section 20151 of title 49, United States Code, is 
amended--
            (1) by amending the section heading to read as follows:
``Sec. 20151. Strategy to prevent railroad trespassing and vandalism 
              and violation of grade crossing signals'';
            (2) in subsection (a)--
                    (A) by striking ``and vandalism affecting railroad 
                safety'' and inserting ``, vandalism affecting railroad 
                safety, and violations of highway-rail grade crossing 
                signals'';
                    (B) by inserting ``, concerning trespassing and 
                vandalism,'' after ``such evaluation and review''; and
                    (C) by inserting ``The second such evaluation and 
                review, concerning violations of highway-rail grade 
                crossing signals, shall be completed not later than 1 
                year after the date of enactment of the Highway-Rail 
                Grade Crossing Safety Act of 1999'' after ``November 2, 
                1994.'';
            (3) in the subsection heading of subsection (b), by 
        inserting ``for Trespassing and Vandalism Prevention'' after 
        ``Outreach Program'';
            (4) in subsection (c)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) by inserting ``(1)'' after ``Model 
                Legislation.--''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) Not later than 2 years after the date of enactment of the 
Highway-Rail Grade Crossing Safety Act of 1999, the Secretary, after 
consultation with State and local governments and railroad carriers, 
shall develop and make available to State and local governments model 
State legislation providing for civil or criminal penalties, or both, 
for violations of highway-rail grade crossing signals.''; and
            (5) by adding at the end the following new subsection:
    ``(d) Definition.--In this section `violation of highway-rail grade 
crossing signals' includes any action by a motor vehicle operator, 
unless directed by an authorized safety office--
            ``(1) to drive around or through a grade crossing gate in a 
        position intended to block passage over railroad tracks;
            ``(2) to drive through a flashing grade crossing signal;
            ``(3) to drive through a grade crossing with passive 
        warning signs without determining that the grade crossing could 
        be safely crossed before any train arrives; and
            ``(4) in the vicinity of a grade crossing, that creates a 
        hazard of an accident involving injury or property damage at 
        the grade crossing.''.
    (b) Conforming Amendment.--The item relating to section 20151 in 
the table of sections for subchapter II of chapter 201 of title 49, 
United States Code, is amended to read as follows:

``20151. Strategy to prevent railroad trespassing and vandalism and 
                            violation of grade crossing signals.''.

SEC. 204. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY.

    (a) Amendment.--Subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 20154. National highway-rail crossing inventory
    ``(a) Mandatory Initial Reporting of Crossing Information.--No 
later than September 30, 2001, each railroad carrier shall--
            ``(1) report to the Secretary of Transportation certain 
        information, as specified by the Secretary by rule or order 
        issued after notice and opportunity for public comment or by 
        guidelines, concerning each highway-rail crossing through which 
        the carrier operates; or
            ``(2) otherwise ensure that the information has been 
        reported to the Secretary by that date.
    ``(b) Mandatory Periodic Updating of Crossing Information.--On a 
periodic basis beginning no later than September 30, 2003, and not less 
often than September 30 of every third year thereafter, or as otherwise 
specified by the Secretary of Transportation by rule or order issued 
after notice and opportunity for public comment or by guidelines, each 
railroad carrier shall--
            ``(1) report to the Secretary certain current information, 
        as specified by the Secretary by rule or order issued after 
        notice and opportunity for public comment or by guidelines, 
        concerning each highway-rail grade crossing through which it 
        operates; or
            ``(2) otherwise ensure that the information has been 
        reported to the Secretary by that date.
    ``(c) Definitions.--In this section--
            ``(1) `highway-rail crossing' means a location within a 
        State where a public highway, road, street, or private roadway, 
        including associated sidewalks and pathways, crosses 1 or more 
        railroad tracks either at grade or grade separated; and
            ``(2) `State' means a State of the United States, the 
        District of Columbia, Puerto Rico, the Northern Mariana 
        Islands, Guam, American Samoa, and the Virgin Islands.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
201 of title 49, United States Code, is amended by adding after item 
20153 the following:

``20154. National highway-rail crossing inventory.''.
    (c) Amendment.--Section 130 of title 23, United States Code, is 
amended--
            (1) by amending the section heading to read as follows:
``Sec. 130. Highway-rail crossings'';
        and
            (2) by inserting the following new subsection at the end:
    ``(k) National Highway-Rail Crossing Inventory.--
            ``(1) Mandatory initial reporting of crossing 
        information.--No later than September 30, 2001, each State 
        shall--
                    ``(A) report to the Secretary of Transportation 
                certain information, as specified by the Secretary by 
                rule or order issued after notice and opportunity for 
                public comment or by guidelines, concerning each 
                highway-rail crossing located within its borders; or
                    ``(B) otherwise ensure that the information has 
                been reported to the Secretary by that date.
            ``(2) Mandatory periodic updating of crossing 
        information.--On a periodic basis beginning no later than 
        September 30, 2003, and not less often than by September 30, of 
        every third year thereafter, or as otherwise specified by the 
        Secretary of Transportation by rule or order issued after 
        notice and opportunity for public comment or by guidelines, 
        each State shall--
                    ``(A) report to the Secretary certain current 
                information, as determined by the Secretary by rule or 
                order issued after notice and opportunity for public 
                comment or by guidelines, concerning each highway-rail 
                crossing located within its borders; or
                    ``(B) otherwise ensure that the information has 
                been reported to the Secretary by that date.
            ``(3) Definitions.--In this subsection--
                    ``(A) `highway-rail crossing' means a location 
                where a public highway, road, street, or private 
                roadway, including associated sidewalks and pathways, 
                crosses 1 or more railroad tracks either at grade or 
                grade separated; and
                    ``(B) `State' means a State of the United States, 
                the District of Columbia, Puerto Rico, the Northern 
                Mariana Islands, Guam, American Samoa, and the Virgin 
                Islands.''.
    (d) Table of Sections Amendment.--The table of sections for chapter 
1 of title 23, United States Code, is amended by striking the existing 
item for section 130 and inserting the following:

``130. Highway-rail crossings.''.
    (e) Civil Penalties.--(1) Section 21301(a)(1) of title 49, United 
States Code, is amended--
            (A) by striking the period at the end of the first sentence 
        and inserting ``or with section 20154 of this title.''; and
            (B) in the second sentence, by inserting ``or violating 
        section 20154'' between ``chapter 201'' and ``is liable''.
    (2) Section 21301(a)(2) of title 49, United States Code, is amended 
by inserting after the first sentence the following: ``The Secretary 
shall subject a person to a civil penalty for a violation of section 
20154 of this title.''.
                                 <all>