[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1950 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1950

  To amend title 49, United States Code, to improve commercial motor 
 vehicle safety and reduce commercial motor vehicle-related accidents 
     and fatalities, to authorize the Federal Motor Carrier Safety 
                Administration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2011

Mr. Lautenberg (for himself, Mr. Rockefeller, and Mr. Pryor) 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 improve commercial motor 
 vehicle safety and reduce commercial motor vehicle-related accidents 
     and fatalities, to authorize 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.

    This Act may be cited as the ``Commercial Motor Vehicle Safety 
Enhancement Act of 2011''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definition.
Sec. 4. References to title 49, United States Code.
             TITLE I--COMMERCIAL MOTOR VEHICLE REGISTRATION

Sec. 101. Registration of motor carriers.
Sec. 102. Safety fitness of new operators.
Sec. 103. Reincarnated carriers.
Sec. 104. Financial responsibility requirements.
Sec. 105. USDOT number registration requirement.
Sec. 106. Registration fee system.
Sec. 107. Registration update.
Sec. 108. Increased penalties for operating without registration.
Sec. 109. Revocation of registration for imminent hazard.
Sec. 110. Revocation of registration and other penalties for failure to 
                            respond to subpoena.
Sec. 111. Fleetwide out of service order for operating without required 
                            registration.
Sec. 112. Motor carrier and officer patterns of safety violations.
Sec. 113. Federal successor standard.
               TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY

Sec. 201. Repeal of commercial jurisdiction exception for brokers of 
                            motor carriers of passengers.
Sec. 202. Bus rentals and definition of employer.
Sec. 203. Crashworthiness standards.
Sec. 204. Canadian safety rating reciprocity.
Sec. 205. State reporting of foreign commercial driver convictions.
Sec. 206. Authority to disqualify foreign commercial drivers.
Sec. 207. Revocation of foreign motor carrier operating authority for 
                            failure to pay civil penalties.
                        TITLE III--DRIVER SAFETY

Sec. 301. Electronic on-board recording devices.
Sec. 302. Safety fitness.
Sec. 303. Driver medical qualifications.
Sec. 304. Commercial driver's license notification system.
Sec. 305. Commercial motor vehicle operator training.
Sec. 306. Commercial driver's license program.
Sec. 307. Commercial driver's license requirements.
Sec. 308. Commercial motor vehicle driver information systems.
Sec. 309. Disqualifications based on non-commercial motor vehicle 
                            operations.
Sec. 310. Federal driver disqualifications.
Sec. 311. Employer responsibilities.
                    TITLE IV--SAFE ROADS ACT OF 2011

Sec. 401. Short title.
Sec. 402. National clearinghouse for controlled substance and alcohol 
                            test results of commercial motor vehicle 
                            operators.
Sec. 403. Drug and alcohol violation sanctions.
Sec. 404. Authorization of appropriations.
                          TITLE V--ENFORCEMENT

Sec. 501. Inspection demand and display of credentials.
Sec. 502. Out of service penalty for denial of access to records.
Sec. 503. Penalties for violation of operation out of service orders.
Sec. 504. Minimum prohibition on operation for unfit carriers.
Sec. 505. Minimum out of service penalties.
Sec. 506. Impoundment and immobilization of commercial motor vehicles 
                            for imminent hazard.
Sec. 507. Increased penalties for evasion of regulations.
Sec. 508. Failure to pay civil penalty as a disqualifying offense.
Sec. 509. Violations relating to commercial motor vehicle safety 
                            regulation and operators.
Sec. 510. Emergency disqualification for imminent hazard.
Sec. 511. Intrastate operations of interstate motor carriers.
Sec. 512. Enforcement of safety laws and regulations.
Sec. 513. Disclosure to State and local law enforcement agencies.
              TITLE VI--COMPLIANCE, SAFETY, ACCOUNTABILITY

Sec. 601. Compliance, safety, accountability.
Sec. 602. Performance and registration information systems management 
                            program.
Sec. 603. Commercial motor vehicle defined.
Sec. 604. Driver safety fitness ratings.
Sec. 605. Uniform electronic clearance for commercial motor vehicle 
                            inspections.
Sec. 606. Authorization of appropriations.
Sec. 607. High risk carrier reviews.
Sec. 608. Data and technology grants.
Sec. 609. Driver safety grants.
Sec. 610. Commercial vehicle information systems and networks.
           TITLE VII--MOTORCOACH ENHANCED SAFETY ACT OF 2011

Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Regulations for improved occupant protection, passenger 
                            evacuation, and crash avoidance.
Sec. 704. Standards for improved fire safety.
Sec. 705. Occupant protection, collision avoidance, fire causation, and 
                            fire extinguisher research and testing.
Sec. 706. Motorcoach registration.
Sec. 707. Improved oversight of motorcoach service providers.
Sec. 708. Report on feasibility, benefits, and costs of establishing a 
                            system of certification of training 
                            programs.
Sec. 709. Report on driver's license requirements for 9- to 15-
                            passenger vans.
Sec. 710. Event data recorders.
Sec. 711. Safety inspection program for commercial motor vehicles of 
                            passengers.
Sec. 712. Distracted driving.
Sec. 713. Regulations.
       TITLE VIII--SAFE HIGHWAYS AND INFRASTRUCTURE PRESERVATION

Sec. 801. Comprehensive truck size and weight limits study.
Sec. 802. Compilation of existing State truck size and weight limit 
                            laws.
                        TITLE IX--MISCELLANEOUS

Sec. 901. Detention time study.
Sec. 902. Prohibition of coercion.
Sec. 903. Motor carrier safety advisory committee.
Sec. 904. Waivers, exemptions, and pilot programs.
Sec. 905. Transportation of horses.
                TITLE X--HOUSEHOLD GOODS TRANSPORTATION

Sec. 1001. Additional registration requirements for household goods 
                            motor carriers.
Sec. 1002. Failure to give up possession of household goods.
Sec. 1003. Settlement authority.
Sec. 1004. Household goods transportation assistance program.
Sec. 1005. Household goods consumer education program.
                     TITLE XI--TECHNICAL AMENDMENTS

Sec. 1101. Update of obsolete text.
Sec. 1102. Correction of interstate commerce commission references.
Sec. 1103. Technical and conforming amendments.

SEC. 3. DEFINITION.

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

SEC. 4. REFERENCES TO TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

             TITLE I--COMMERCIAL MOTOR VEHICLE REGISTRATION

SEC. 101. REGISTRATION OF MOTOR CARRIERS.

    (a) Registration Requirements.--Section 13902(a)(1) is amended to 
read as follows:
            ``(1) In general.--Except as otherwise provided in this 
        section, the Secretary of Transportation may not register a 
        person to provide transportation subject to jurisdiction under 
        subchapter I of chapter 135 as a motor carrier unless the 
        Secretary determines that the person--
                    ``(A) is willing and able to comply with--
                            ``(i) this part and the applicable 
                        regulations of the Secretary and the Board;
                            ``(ii) any safety regulations imposed by 
                        the Secretary;
                            ``(iii) the duties of employers and 
                        employees established by the Secretary under 
                        section 31135;
                            ``(iv) the safety fitness requirements 
                        established by the Secretary under section 
                        31144;
                            ``(v) the accessibility requirements 
                        established by the Secretary under subpart H of 
                        part 37 of title 49, Code of Federal 
                        Regulations (or successor regulations), for 
                        transportation provided by an over-the-road 
                        bus; and
                            ``(vi) the minimum financial responsibility 
                        requirements established by the Secretary under 
                        sections 13906, 31138, and 31139;
                    ``(B) has submitted a comprehensive management plan 
                documenting that the person has management systems in 
                place to ensure compliance with safety regulations 
                imposed by the Secretary;
                    ``(C) has disclosed any relationship involving 
                common ownership, common management, common control, or 
                common familial relationship between that person and 
                any other motor carrier, freight forwarder, or broker, 
                or any other applicant for motor carrier, freight 
                forwarder, or broker registration, or a successor (as 
                that term is defined under section 31153), if the 
                relationship occurred in the 5-year period preceding 
                the date of the filing of the application for 
                registration; and
                    ``(D) after the Secretary establishes a written 
                proficiency examination pursuant to section 101(b) of 
                the Commercial Motor Vehicle Safety Enhancement Act of 
                2011, has passed the written proficiency 
                examination.''.
    (b) Written Proficiency Examination.--
            (1) Establishment.--Not later than 18 months after the date 
        of enactment of this Act, the Secretary shall establish a 
        written proficiency examination for applicant motor carriers 
        pursuant to section 13902(a)(1)(D). The written proficiency 
        examination shall test a person's knowledge of applicable 
        safety regulations, standards, and orders of the Federal 
        government and State government.
            (2) Additional fee.--The Secretary may assess a fee to 
        cover the expenses incurred by the Department of Transportation 
        in--
                    (A) developing and administering the written 
                proficiency examination; and
                    (B) reviewing the comprehensive management plan 
                required under section 13902(a)(1)(B) of title 49, 
                United States Code.
    (c) Conforming Amendment.--Section 210(b) of the Motor Carrier 
Safety Improvement Act of 1999 (49 U.S.C. 31144 note) is amended--
            (1) by inserting ``, commercial regulations, and provisions 
        of subpart H of part 37 of title 49, Code of Federal 
        Regulations, or successor regulations'' after ``applicable 
        safety regulations''; and
            (2) by striking ``consider the establishment of'' and 
        inserting ``establish''.

SEC. 102. SAFETY FITNESS OF NEW OPERATORS.

    (a) Safety Reviews of New Operators.--Section 31144(g)(1) is 
amended to read as follows:
            ``(1) Safety review.--
                    ``(A) In general.--The Secretary shall require, by 
                regulation, each owner and each operator granted new 
                registration under section 13902 or 31134 to undergo a 
                safety review not later than 12 months after the owner 
                or operator, as the case may be, begins operations 
                under such registration.
                    ``(B) Providers of motorcoach services.--The 
                Secretary may register a person to provide motorcoach 
                services under section 13902 or 31134 after the person 
                undergoes a pre-authorization safety audit, including 
                verification, in a manner sufficient to demonstrate the 
                ability to comply with Federal rules and regulations, 
                as described in section 13902. The Secretary shall 
                continue to monitor the safety performance of each 
                owner and each operator subject to this section for 12 
                months after the owner or operator is granted 
                registration under section 13902 or 31134. The 
                registration of each owner and each operator subject to 
                this section shall become permanent after the 
                motorcoach service provider is granted registration 
                following a pre-authorization safety audit and the 
                expiration of the 12 month monitoring period.
                    ``(C) Pre-authorization safety audit.--The 
                Secretary may require, by regulation, that the pre-
                authorization safety audit under subparagraph (B) be 
                completed on-site not later than 90 days after the 
                submission of an application for operating 
                authority.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 1 year after the date of enactment of this Act.

SEC. 103. REINCARNATED CARRIERS.

    (a) Effective Periods of Registration.--
            (1) Suspensions, amendments, and revocations.--Section 
        13905(d) is amended--
                    (A) by redesignating paragraph (2) as paragraph 
                (4);
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Applications.--On application of the registrant, the 
        Secretary may amend or revoke a registration.
            ``(2) Complaints and actions on secretary's own 
        initiative.--On complaint or on the Secretary's own initiative 
        and after notice and an opportunity for a proceeding, the 
        Secretary may--
                    ``(A) suspend, amend, or revoke any part of the 
                registration of a motor carrier, broker, or freight 
                forwarder for willful failure to comply with--
                            ``(i) this part;
                            ``(ii) an applicable regulation or order of 
                        the Secretary or the Board, including the 
                        accessibility requirements established by the 
                        Secretary under subpart H of part 37 of title 
                        49, Code of Federal Regulations (or successor 
                        regulations), for transportation provided by an 
                        over-the-road bus; or
                            ``(iii) a condition of its registration;
                    ``(B) withhold, suspend, amend, or revoke any part 
                of the registration of a motor carrier, broker, or 
                freight forwarder for failure--
                            ``(i) to pay a civil penalty imposed under 
                        chapter 5, 51, 149, or 311;
                            ``(ii) to arrange and abide by an 
                        acceptable payment plan for such civil penalty, 
                        not later than 90 days after the date specified 
                        by order of the Secretary for the payment of 
                        such penalty; or
                            ``(iii) for failure to obey a subpoena 
                        issued by the Secretary'';
                    ``(C) withhold, suspend, amend, or revoke any part 
                of a registration of a motor carrier, broker, or 
                freight forwarder following a determination by the 
                Secretary that the motor carrier, broker, or freight 
                forwarder failed to disclose, in its application for 
                registration, a material fact relevant to its 
                willingness and ability to comply with--
                            ``(i) this part;
                            ``(ii) an applicable regulation or order of 
                        the Secretary or the Board; or
                            ``(iii) a condition of its registration; or
                    ``(D) withhold, suspend, amend, or revoke any part 
                of a registration of a motor carrier, broker, or 
                freight forwarder if the Secretary finds that--
                            ``(i) the motor carrier, broker, or freight 
                        forwarder is or was related through common 
                        ownership, common management, common control, 
                        or common familial relationship to any other 
                        motor carrier, broker, or freight forwarder, or 
                        any other applicant for motor carrier, broker, 
                        or freight forwarder registration that the 
                        Secretary determines is or was unwilling or 
                        unable to comply with the relevant requirements 
                        listed in section 13902, 13903, or 13904; or
                            ``(ii) the person is the successor, as 
                        defined in section 31153, to a person who is or 
                        was unwilling or unable to comply with the 
                        relevant requirements of section 13902, 13903, 
                        or 13904.
            ``(3) Limitation.--Paragraph (2)(B) shall not apply to a 
        person who is unable to pay a civil penalty because the person 
        is a debtor in a case under chapter 11 of title 11.''; and
                    (C) in paragraph (4), as redesignated by section 
                103(a)(1)(A) of this Act, by striking ``paragraph 
                (1)(B)'' and inserting ``paragraph (2)(B)''.
            (2) Procedure.--Section 13905(e) is amended by inserting 
        ``or if the Secretary determines that the registrant failed to 
        disclose a material fact in an application for registration in 
        accordance with subsection (d)(2)(C),'' after ``registrant,''.
    (b) Information Systems.--Section 31106(a)(3) is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) in subparagraph (G), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(H) determine whether a person or employer is or 
                was related, through common ownership, common 
                management, common control, or common familial 
                relationship, to any other person, employer, or any 
                other applicant for registration under section 13902 or 
                31134.''.

SEC. 104. FINANCIAL RESPONSIBILITY REQUIREMENTS.

    (a) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary shall--
            (1) issue a report on the appropriateness of--
                    (A) the current minimum financial responsibility 
                requirements under sections 31138 and 31139 of title 
                49, United States Code; and
                    (B) the current bond and insurance requirements 
                under section 13904(d) of title 49, United States Code; 
                and
            (2) submit the report under paragraph (1) to the Committee 
        on Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives.
    (b) Rulemaking.--Not later than 6 months after the publication of 
the report under subsection (a), the Secretary shall initiate a 
rulemaking to increase the minimum financial responsibility 
requirements under sections 31138, and 31139 of title 49, United States 
Code and to revise the bond and insurance requirements under section 
13904(d) of title 49, United States Code. As part of the rulemaking, 
the Secretary shall consider--
            (1) the findings of the report under subsection (a);
            (2) the appropriateness of the amount of the financial 
        responsibility to pay for each final judgment against a motor 
        carrier for bodily injury to, or death of, each individual 
        resulting from negligent operation, maintenance, or use of the 
        motor vehicle, or for loss or damage to property, or both; and
            (3) other matters the Secretary determines appropriate.
    (c) Deadline.--Not later than 1 year after the start of the 
rulemaking under subsection (b), the Secretary shall--
            (1) issue a final rule; or
            (2) if the Secretary determines that a rulemaking is not 
        required following the Secretary's analysis, submit a report 
        stating the reason for not increasing the minimum financial 
        responsibility requirements to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
    (d) Biennial Reviews.--Not less than once every 2 years, the 
Secretary shall review the requirements prescribed under subsection (b) 
and revise the requirements, as appropriate.

SEC. 105. USDOT NUMBER REGISTRATION REQUIREMENT.

    (a) Chapter 311 is amended by inserting after section 31133 the 
following:
``Sec. 31134. Requirement for registration and USDOT number
    ``(a) In General.--Upon application, and subject to subsections (b) 
and (c), the Secretary shall register an employer or person subject to 
the safety jurisdiction of this subchapter. An employer or person may 
operate a commercial motor vehicle in interstate commerce only if the 
employer or person is registered by the Secretary under this section 
and receives a USDOT number. Nothing in this section shall preclude 
registration by the Secretary of an employer or person not engaged in 
interstate commerce. An employer or person subject to jurisdiction 
under subchapter I of chapter 135 of this title shall apply for 
commercial registration under section 13902 of this title.
    ``(b) Withholding Registration.--The Secretary may withhold 
registration under subsection (a), after notice and an opportunity for 
a proceeding, if the Secretary determines that--
            ``(1) the employer or person seeking registration is 
        unwilling or unable to comply with the requirements of this 
        subchapter and the regulations prescribed thereunder and 
        chapter 51 and the regulations prescribed thereunder;
            ``(2) the employer or person is or was related through 
        common ownership, common management, common control, or common 
        familial relationship to any other person or applicant for 
        registration subject to this subchapter who is or was unfit, 
        unwilling, or unable to comply with the requirements listed in 
        subsection (b)(1); or
            ``(3) the person is the successor, as defined in section 
        31153, to a person who is or was unfit, unwilling, or unable to 
        comply with the requirements listed in subsection (b)(1).
    ``(c) Revocation or Suspension of Registration.--The Secretary 
shall revoke the registration of an employer or person under subsection 
(a) after notice and an opportunity for a proceeding, or suspend the 
registration after giving notice of the suspension to the employer or 
person, if the Secretary determines that--
            ``(1) the employer's or person's authority to operate 
        pursuant to chapter 139 of this title would be subject to 
        revocation or suspension under sections 13905(d)(1) or 13905(f) 
        of this title;
            ``(2) the employer or person is or was related through 
        common ownership, common management, common control, or common 
        familial relationship to any other person or applicant for 
        registration subject to this subchapter that the Secretary 
        determines is or was unfit, unwilling, or unable to comply with 
        the requirements listed in subsection (b)(1);
            ``(3) the person is the successor, as defined in section 
        31153, to a person the Secretary determines is or was unfit, 
        unwilling, or unable to comply with the requirements listed in 
        subsection (b)(1); or
            ``(4) the employer or person failed or refused to submit to 
        the safety review required by section 31144(g) of this title.
    ``(d) Periodic Registration Update.--The Secretary may require an 
employer to update a registration under this section periodically or 
not later than 30 days after a change in the employer's address, other 
contact information, officers, process agent, or other essential 
information, as determined by the Secretary.''.
    (b) Conforming Amendment.--The analysis of chapter 311 is amended 
by inserting after the item relating to section 31133 the following:

``31134. Requirement for registration and USDOT number.''.

SEC. 106. REGISTRATION FEE SYSTEM.

    Section 13908(d)(1) is amended by striking ``but shall not exceed 
$300''.

SEC. 107. REGISTRATION UPDATE.

    (a) Periodic Motor Carrier Update.--Section 13902 is amended by 
adding at the end the following:
    ``(h) Update of Registration.--The Secretary may require a 
registrant to update its registration under this section periodically 
or not later than 30 days after a change in the registrant's address, 
other contact information, officers, process agent, or other essential 
information, as determined by the Secretary.''.
    (b) Periodic Freight Forwarder Update.--Section 13903 is amended by 
adding at the end the following:
    ``(c) Update of Registration.--The Secretary may require a freight 
forwarder to update its registration under this section periodically or 
not later than 30 days after a change in the freight forwarder's 
address, other contact information, officers, process agent, or other 
essential information, as determined by the Secretary.''.
    (c) Periodic Broker Update.--Section 13904 is amended by adding at 
the end the following:
    ``(e) Update of Registration.--The Secretary may require a broker 
to update its registration under this section periodically or not later 
than 30 days after a change in the broker's address, other contact 
information, officers, process agent, or other essential information, 
as determined by the Secretary.''.

SEC. 108. INCREASED PENALTIES FOR OPERATING WITHOUT REGISTRATION.

    (a) Penalties.--Section 14901(a) is amended--
            (1) by striking ``$500'' and inserting ``$1,000'';
            (2) by striking ``who is not registered under this part to 
        provide transportation of passengers,'';
            (3) by striking ``with respect to providing transportation 
        of passengers,'' and inserting ``or section 13902(c) of this 
        title,''; and
            (4) by striking ``$2,000 for each violation and each 
        additional day the violation continues'' and inserting 
        ``$10,000 for each violation, or $25,000 for each violation 
        relating to providing transportation of passengers''.
    (b) Transportation of Hazardous Wastes.--Section 14901(b) is 
amended by striking ``less than $20,000'' and inserting ``not less than 
$25,000''.

SEC. 109. REVOCATION OF REGISTRATION FOR IMMINENT HAZARD.

    Section 13905(f)(2) is amended to read as follows:
            ``(2) Imminent hazard to public health.--Notwithstanding 
        subchapter II of chapter 5 of title 5, the Secretary shall 
        revoke the registration of a motor carrier if the Secretary 
        finds that the carrier is or was conducting unsafe operations 
        that are or were an imminent hazard to public health or 
        property.''.

SEC. 110. REVOCATION OF REGISTRATION AND OTHER PENALTIES FOR FAILURE TO 
              RESPOND TO SUBPOENA.

    Section 525 is amended--
            (1) by striking ``subpenas'' in the section heading and 
        inserting ``subpoenas'';
            (2) by striking ``subpena'' and inserting ``subpoena'';
            (3) by striking ``$100'' and inserting ``$1,000'';
            (4) by striking ``$5,000'' and inserting ``$10,000''; and
            (5) by adding at the end the following:
    ``The Secretary may withhold, suspend, amend, or revoke any part of 
the registration of a person required to register under chapter 139 for 
failing to obey a subpoena or requirement of the Secretary under this 
chapter to appear and testify or produce records.''.

SEC. 111. FLEETWIDE OUT OF SERVICE ORDER FOR OPERATING WITHOUT REQUIRED 
              REGISTRATION.

    Section 13902(e)(1) is amended--
            (1) by striking ``motor vehicle'' and inserting ``motor 
        carrier'' after ``the Secretary determines that a''; and
            (2) by striking ``order the vehicle'' and inserting ``order 
        the motor carrier operations'' after ``the Secretary may''.

SEC. 112. MOTOR CARRIER AND OFFICER PATTERNS OF SAFETY VIOLATIONS.

    Section 31135 is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Noncompliance.--
            ``(1) Motor carriers.--Two or more motor carriers, 
        employers, or persons shall not use common ownership, common 
        management, common control, or common familial relationship to 
        enable any or all such motor carriers, employers, or persons to 
        avoid compliance, or mask or otherwise conceal non-compliance, 
        or a history of non-compliance, with regulations prescribed 
        under this subchapter or an order of the Secretary issued under 
        this subchapter.
            ``(2) Pattern.--If the Secretary finds that a motor 
        carrier, employer, or person engaged in a pattern or practice 
        of avoiding compliance, or masking or otherwise concealing 
        noncompliance, with regulations prescribed under this 
        subchapter, the Secretary--
                    ``(A) may withhold, suspend, amend, or revoke any 
                part of the motor carrier's, employer's, or person's 
                registration in accordance with section 13905 or 31134; 
                and
                    ``(B) shall take into account such non-compliance 
                for purposes of determining civil penalty amounts under 
                section 521(b)(2)(D).
            ``(3) Officers.--If the Secretary finds, after notice and 
        an opportunity for proceeding, that an officer of a motor 
        carrier, employer, or owner or operator engaged in a pattern or 
        practice of violating regulations prescribed under this 
        subchapter, or assisted a motor carrier, employer, or owner or 
        operator in avoiding compliance, or masking or otherwise 
        concealing noncompliance, the Secretary may impose appropriate 
        sanctions, subject to the limitations in paragraph (4), 
        including--
                    ``(A) suspension or revocation of registration 
                granted to the officer individually under section 13902 
                or 31134;
                    ``(B) temporary or permanent suspension or bar from 
                association with any motor carrier, employer, or owner 
                or operator registered under section 13902 or 31134; or
                    ``(C) any appropriate sanction approved by the 
                Secretary.
            ``(4) Limitations.--The sanctions described in 
        subparagraphs (A) through (C) of subsection (b)(3) shall apply 
        to--
                    ``(A) intentional or knowing conduct, including 
                reckless conduct that violates applicable laws 
                (including regulations); and
                    ``(B) repeated instances of negligent conduct that 
                violates applicable laws (including regulations).''; 
                and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Avoiding Compliance.--For purposes of this section, `avoiding 
compliance' or `masking or otherwise concealing noncompliance' includes 
serving as an officer or otherwise exercising controlling influence 
over 2 or more motor carriers where--
            ``(1) one of the carriers was placed out of service, or 
        received notice from the Secretary that it will be placed out 
        of service, following--
                    ``(A) a determination of unfitness under section 
                31144(b);
                    ``(B) a suspension or revocation of registration 
                under section 13902, 13905, or 31144(g);
                    ``(C) issuance of an imminent hazard out of service 
                order under section 521(b)(5) or section 5121(d); or
                    ``(D) notice of failure to pay a civil penalty or 
                abide by a penalty payment plan; and
            ``(2) one or more of the carriers is the `successor,' as 
        that term is defined in section 31153, to the carrier that is 
        the subject of the action in paragraph (1).''.

SEC. 113. FEDERAL SUCCESSOR STANDARD.

    (a) In General.--Chapter 311 is amended by adding after section 
31152, as added by section 508 of this Act, the following:
``Sec. 31153. Federal successor standard
    ``(a) Federal Successor Standard.--Notwithstanding any other 
provision of Federal or State law, the Secretary may take an action 
authorized under chapters 5, 51, 131 through 149, subchapter III of 
chapter 311 (except sections 31138 and 31139), or sections 31302, 
31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title, or a 
regulation issued under any of those provisions, against a successor of 
a motor carrier (as defined in section 13102), a successor of an 
employer (as defined in section 31132), or a successor of an owner or 
operator (as that term is used in subchapter III of chapter 311), to 
the same extent and on the same basis as the Secretary may take the 
action against the motor carrier, employer, or owner or operator.
    ``(b) Successor Defined.--For purposes of this section, the term 
`successor' means a motor carrier, employer, or owner or operator that 
the Secretary determines, after notice and an opportunity for a 
proceeding, has 1 or more features that correspond closely with the 
features of another existing or former motor carrier, employer, or 
owner or operator, such as--
            ``(1) consideration paid for assets purchased or 
        transferred;
            ``(2) dates of corporate creation and dissolution or 
        termination of operations;
            ``(3) commonality of ownership;
            ``(4) commonality of officers and management personnel and 
        their functions;
            ``(5) commonality of drivers and other employees;
            ``(6) identity of physical or mailing addresses, telephone, 
        fax numbers, or e-mail addresses;
            ``(7) identity of motor vehicle equipment;
            ``(8) continuity of liability insurance policies;
            ``(9) commonality of coverage under liability insurance 
        policies;
            ``(10) continuation of carrier facilities and other 
        physical assets;
            ``(11) continuity of the nature and scope of operations, 
        including customers;
            ``(12) commonality of the nature and scope of operations, 
        including customers;
            ``(13) advertising, corporate name, or other acts through 
        which the motor carrier, employer, or owner or operator holds 
        itself out to the public;
            ``(14) history of safety violations and pending orders or 
        enforcement actions of the Secretary; and
            ``(15) additional factors that the Secretary considers 
        appropriate.
    ``(c) Effective Date.--Notwithstanding any other provision of law, 
this section shall apply to any action commenced on or after the date 
of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 
2011 without regard to whether the violation that is the subject of the 
action, or the conduct that caused the violation, occurred before the 
date of enactment.
    ``(d) Rights Not Affected.--Nothing in this section shall affect 
the rights, functions, or responsibilities under law of any other 
Department, Agency, or instrumentality of the United States, the laws 
of any State, or any rights between a private party and a motor 
carrier, employer, or owner or operator.''.
    (b) Conforming Amendment.--The analysis of chapter 311 is amended 
by inserting after the item related to section 31152, as added by 
section 508 of this Act, the following:

``31153. Federal successor standard.''.

               TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY

SEC. 201. REPEAL OF COMMERCIAL JURISDICTION EXCEPTION FOR BROKERS OF 
              MOTOR CARRIERS OF PASSENGERS.

    (a) In General.--Section 13506(a) is amended--
            (1) by inserting ``or'' at the end of paragraph (13);
            (2) by striking paragraph (14); and
            (3) by redesignating paragraph (15) as paragraph (14).
    (b) Conforming Amendment.--Section 13904(a) is amended by striking 
``of property'' in the first sentence.

SEC. 202. BUS RENTALS AND DEFINITION OF EMPLOYER.

    Paragraph (3) of section 31132 is amended to read as follows:
            ``(3) `employer'--
                    ``(A) means a person engaged in a business 
                affecting interstate commerce that--
                            ``(i) owns or leases a commercial motor 
                        vehicle in connection with that business, or 
                        assigns an employee to operate the commercial 
                        motor vehicle; or
                            ``(ii) offers for rent or lease a motor 
                        vehicle designed or used to transport more than 
                        8 passengers, including the driver, and from 
                        the same location or as part of the same 
                        business provides names or contact information 
                        of drivers, or holds itself out to the public 
                        as a charter bus company; but
                    ``(B) does not include the Government, a State, or 
                a political subdivision of a State.''.

SEC. 203. CRASHWORTHINESS STANDARDS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall conduct a comprehensive 
analysis on the need for crashworthiness standards on property-carrying 
commercial motor vehicles with a gross vehicle weight rating or gross 
vehicle weight of at least 26,001 pounds involved in interstate 
commerce, including an evaluation of the need for roof strength, pillar 
strength, air bags, and frontal and back wall standards.
    (b) Report.--Not later than 90 days after completing the 
comprehensive analysis under subsection (a), the Secretary shall report 
the results of the analysis and any recommendations to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives.

SEC. 204. CANADIAN SAFETY RATING RECIPROCITY.

    Section 31144 is amended by adding at the end the following:
    ``(h) Recognition of Canadian Motor Carrier Safety Fitness 
Determinations.--
            ``(1) If an authorized agency of the Canadian federal 
        government or a Canadian Territorial or Provincial government 
        determines, by applying the procedure and standards prescribed 
        by the Secretary under subsection (b) or pursuant to an 
        agreement under paragraph (2), that a Canadian employer is 
        unfit and prohibits the employer from operating a commercial 
        motor vehicle in Canada or any Canadian Province, the Secretary 
        may prohibit the employer from operating such vehicle in 
        interstate and foreign commerce until the authorized Canadian 
        agency determines that the employer is fit.
            ``(2) The Secretary may consult and participate in 
        negotiations with authorized officials of the Canadian federal 
        government or a Canadian Territorial or Provincial government, 
        as necessary, to provide reciprocal recognition of each 
        country's motor carrier safety fitness determinations. An 
        agreement shall provide, to the maximum extent practicable, 
        that each country will follow the procedure and standards 
        prescribed by the Secretary under subsection (b) in making 
        motor carrier safety fitness determinations.''.

SEC. 205. STATE REPORTING OF FOREIGN COMMERCIAL DRIVER CONVICTIONS.

    (a) Definition of Foreign Commercial Driver.--Section 31301 is 
amended--
            (1) by redesignating paragraphs (10) through (14) as 
        paragraphs (11) through (15), respectively; and
            (2) by inserting after paragraph (9) the following:
            ``(10) `foreign commercial driver' means an individual 
        licensed to operate a commercial motor vehicle by an authority 
        outside the United States, or a citizen of a foreign country 
        who operates a commercial motor vehicle in the United 
        States.''.
    (b) State Reporting of Convictions.--Section 31311(a) is amended by 
adding after paragraph (21) the following:
            ``(22) The State shall report a conviction of a foreign 
        commercial driver by that State to the Federal Convictions and 
        Withdrawal Database, or another information system designated 
        by the Secretary to record the convictions. A report shall 
        include--
                    ``(A) for a driver holding a foreign commercial 
                driver's license--
                            ``(i) each conviction relating to the 
                        operation of a commercial motor vehicle; and
                            ``(ii) a non-commercial motor vehicle; and
                    ``(B) for an unlicensed driver or a driver holding 
                a foreign non-commercial driver's license, each 
                conviction for operating a commercial motor vehicle.''.

SEC. 206. AUTHORITY TO DISQUALIFY FOREIGN COMMERCIAL DRIVERS.

    Section 31310 is amended by adding at the end the following:
    ``(k) Foreign Commercial Drivers.--A foreign commercial driver 
shall be subject to disqualification under this section.''.

SEC. 207. REVOCATION OF FOREIGN MOTOR CARRIER OPERATING AUTHORITY FOR 
              FAILURE TO PAY CIVIL PENALTIES.

    Section 13905(d)(1) is amended by inserting ``foreign motor 
carrier, foreign motor private carrier,'' after ``registration of a 
motor carrier,'' each place it appears.

                        TITLE III--DRIVER SAFETY

SEC. 301. ELECTRONIC ON-BOARD RECORDING DEVICES.

    (a) General Authority.--Section 31137 is amended--
            (1) by amending the section heading to read as follows:
``Sec. 31137. Electronic on-board recording devices and brake 
              maintenance regulations'';
            (2) by redesignating subsection (b) as subsection (e); and
            (3) by amending (a) to read as follows:
    ``(a) Electronic On-Board Recording Devices.--Not later than 1 year 
after the date of enactment of the Commercial Motor Vehicle Safety 
Enhancement Act of 2011, the Secretary of Transportation shall 
prescribe regulations--
            ``(1) requiring a commercial motor vehicle involved in 
        interstate commerce and operated by a driver subject to the 
        hours of service and the record of duty status requirements 
        under part 395 of title 49, Code of Federal Regulations, be 
        equipped with an electronic on-board recording device to 
        improve compliance by an operator of a vehicle with hours of 
        service regulations prescribed by the Secretary; and
            ``(2) ensuring that an electronic on-board recording device 
        is not used to harass a vehicle operator.
    ``(b) Electronic On-Board Recording Device Requirements.--
            ``(1) In general.--The regulations prescribed under 
        subsection (a) shall--
                    ``(A) require an electronic on-board recording 
                device--
                            ``(i) to accurately record commercial 
                        driver hours of service;
                            ``(ii) to record the location of a 
                        commercial motor vehicle;
                            ``(iii) to be tamper resistant; and
                            ``(iv) to be integrally synchronized with 
                        an engine's control module;
                    ``(B) allow law enforcement to access the data 
                contained in the device during a roadside inspection; 
                and
                    ``(C) apply to a commercial motor vehicle beginning 
                on the date that is 2 years after the date that the 
                regulations are published as a final rule.
            ``(2) Performance and design standards.--The regulations 
        prescribed under subsection (a) shall establish performance 
        standards--
                    ``(A) defining a standardized user interface to aid 
                vehicle operator compliance and law enforcement review;
                    ``(B) establishing a secure process for 
                standardized--
                            ``(i) and unique vehicle operator 
                        identification;
                            ``(ii) data access;
                            ``(iii) data transfer for vehicle operators 
                        between motor vehicles;
                            ``(iv) data storage for a motor carrier; 
                        and
                            ``(v) data transfer and transportability 
                        for law enforcement officials;
                    ``(C) establishing a standard security level for an 
                electronic on-board recording device and related 
                components to be tamper resistant by using a 
                methodology endorsed by a nationally recognized 
                standards organization; and
                    ``(D) identifying each driver subject to the hours 
                of service and record of duty status requirements under 
                part 395 of title 49, Code of Federal Regulations.
    ``(c) Certification Criteria.--
            ``(1) In general.--The regulations prescribed by the 
        Secretary under this section shall establish the criteria and a 
        process for the certification of an electronic on-board 
        recording device to ensure that the device meets the 
        performance requirements under this section.
            ``(2) Effect of noncertification.--An electronic on-board 
        recording device that is not certified in accordance with the 
        certification process referred to in paragraph (1) shall not be 
        acceptable evidence of hours of service and record of duty 
        status requirements under part 395 of title 49, Code of Federal 
        Regulations.
    ``(d) Electronic On-Board Recording Device Defined.--In this 
section, the term `electronic on-board recording device' means an 
electronic device that--
            ``(1) is capable of recording a driver's hours of service 
        and duty status accurately and automatically; and
            ``(2) meets the requirements established by the Secretary 
        through regulation.''.
    (b) Civil Penalties.--Section 30165(a)(1) is amended by striking 
``or 30141 through 30147'' and inserting ``30141 through 30147, or 
31137''.
    (c) Conforming Amendment.--The analysis for chapter 311 is amended 
by striking the item relating to section 31137 and inserting the 
following:

``31137. Electronic on-board recording devices and brake maintenance 
                            regulations.''.

SEC. 302. SAFETY FITNESS.

    (a) Safety Fitness Rating Methodology.--The Secretary shall--
            (1) incorporate into its Compliance, Safety, Accountability 
        program a safety fitness rating methodology that assigns 
        sufficient weight to adverse vehicle and driver performance 
        based-data that elevate crash risks to warrant an 
        unsatisfactory rating for a carrier; and
            (2) ensure that the data to support such assessments is 
        accurate.
    (b) Interim Measures.--Not later than March 31, 2011, the Secretary 
shall take interim measures to implement a similar safety fitness 
rating methodology in its current safety rating system if the 
Compliance, Safety, Accountability program is not fully implemented.

SEC. 303. DRIVER MEDICAL QUALIFICATIONS.

    (a) Deadline for Establishment of National Registry of Medical 
Examiners.--Not later than 1 year after the date of enactment of this 
Act, the Secretary shall establish a national registry of medical 
examiners in accordance with section 31149(d)(1) of title 49, United 
States Code.
    (b) Examination Requirement for National Registry of Medical 
Examiners.--Section 31149(c)(1)(D) is amended to read as follows:
                    ``(D) not later than 1 year after enactment of the 
                Commercial Motor Vehicle Safety Enhancement Act of 
                2011, develop requirements for a medical examiner to be 
                listed in the national registry under this section, 
                including--
                            ``(i) the completion of specific courses 
                        and materials;
                            ``(ii) certification, including self-
                        certification, if the Secretary determines that 
                        self-certification is necessary for sufficient 
                        participation in the national registry, to 
                        verify that a medical examiner completed 
                        specific training, including refresher courses, 
                        that the Secretary determines necessary to be 
                        listed in the national registry;
                            ``(iii) an examination that requires a 
                        passing grade; and
                            ``(iv) demonstration of a medical 
                        examiner's willingness to meet the reporting 
                        requirements established by the Secretary.''.
    (c) Additional Oversight of Licensing Authorities.--
            (1) In general.--Section 31149(c)(1) is amended--
                    (A) in subparagraph (E), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(G) annually review the implementation of 
                commercial driver's license requirements by not fewer 
                than 10 States to assess the accuracy, validity, and 
                timeliness of--
                            ``(i) the submission of physical 
                        examination reports and medical certificates to 
                        State licensing agencies; and
                            ``(ii) the processing of the submissions by 
                        State licensing agencies.''.
            (2) Internal oversight policy.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Secretary shall 
                establish an oversight policy and procedure to carry 
                out section 31149(c)(1)(G) of title 49, United States 
                Code, as added by section 303(c)(1) of this Act.
                    (B) Effective date.--The amendments made by section 
                303(c)(1) of this Act shall take effect on the date the 
                oversight policies and procedures are established 
                pursuant to subparagraph (A).
    (d) Electronic Filing of Medical Examination Certificates.--Section 
31311(a), as amended by sections 205(b) and 306(b) of this Act, is 
amended by adding at the end the following:
            ``(24) Not later than 1 year after the date of enactment of 
        the Commercial Motor Vehicle Safety Enhancement Act of 2011, 
        the State shall establish and maintain, as part of its driver 
        information system, the capability to receive an electronic 
        copy of a medical examiner's certificate, from a certified 
        medical examiner, for each holder of a commercial driver's 
        license issued by the State who operates or intends to operate 
        in interstate commerce.''.
    (e) Funding.--
            (1) Authorization of appropriations.--Of the funds provided 
        for Data and Technology Grants under section 31104(a) of title 
        49, United States Code, there are authorized to be appropriated 
        from the Highway Trust Fund (other than the Mass Transit 
        Account) for the Secretary to make grants to States or an 
        organization representing agencies and officials of the States 
        to support development costs of the information technology 
        needed to carry out section 31311(a)(24) of title 49, United 
        States Code, up to $1 million for fiscal year 2012 and up to $1 
        million for fiscal year 2013.
            (2) Period of availability.--The amounts made available 
        under this subsection shall remain available until expended.

SEC. 304. COMMERCIAL DRIVER'S LICENSE NOTIFICATION SYSTEM.

    (a) In General.--Section 31304 is amended--
            (1) by striking ``An employer'' and inserting the 
        following:
    ``(a) In General.--An employer''; and
            (2) by adding at the end the following:
    ``(b) Driver Violation Records.--
            ``(1) Periodic review.--Except as provided in paragraph 
        (3), an employer shall ascertain the driving record of each 
        driver it employs--
                    ``(A) by making an inquiry at least once every 12 
                months to the appropriate State agency in which the 
                driver held or holds a commercial driver's license or 
                permit during such time period;
                    ``(B) by receiving occurrence-based reports of 
                changes in the status of a driver's record from 1 or 
                more driver record notification systems that meet 
                minimum standards issued by the Secretary; or
                    ``(C) by a combination of inquiries to States and 
                reports from driver record notification systems.
            ``(2) Record keeping.--A copy of the reports received under 
        paragraph (1) shall be maintained in the driver's qualification 
        file.
            ``(3) Exceptions to record review requirement.--Paragraph 
        (1) shall not apply to a driver employed by an employer who, in 
        any 7-day period, is employed or used as a driver by more than 
        1 employer--
                    ``(A) if the employer obtains the driver's 
                identification number, type, and issuing State of the 
                driver's commercial motor vehicle license; or
                    ``(B) if the information described in subparagraph 
                (A) is furnished by another employer and the employer 
                that regularly employs the driver meets the other 
                requirements under this section.
            ``(4) Driver record notification system defined.--In this 
        section, the term `driver record notification system' means a 
        system that automatically furnishes an employer with a report, 
        generated by the appropriate agency of a State, on the change 
        in the status of an employee's driver's license due to a 
        conviction for a moving violation, a failure to appear, an 
        accident, driver's license suspension, driver's license 
        revocation, or any other action taken against the driving 
        privilege.''.
    (b) Standards for Driver Record Notification Systems.--Not later 
than 1 year after the date of enactment of this Act, the Secretary 
shall issue minimum standards for driver notification systems, 
including standards for the accuracy, consistency, and completeness of 
the information provided.
    (c) Plan for National Notification System.--
            (1) Development.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall develop 
        recommendations and a plan for the development and 
        implementation of a national driver record notification system, 
        including--
                    (A) an assessment of the merits of achieving a 
                national system by expanding the Commercial Driver's 
                License Information System; and
                    (B) an estimate of the fees that an employer will 
                be charged to offset the operating costs of the 
                national system.
            (2) Submission to congress.--Not later than 90 days after 
        the recommendations and plan are developed under paragraph (1), 
        the Secretary shall submit a report on the recommendations and 
        plan to the Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives.

SEC. 305. COMMERCIAL MOTOR VEHICLE OPERATOR TRAINING.

    (a) In General.--Section 31305 is amended by adding at the end the 
following:
    ``(c) Standards for Training.--Not later than 6 months after the 
date of enactment of the Commercial Motor Vehicle Safety Enhancement 
Act of 2011, the Secretary shall issue final regulations establishing 
minimum entry-level training requirements for an individual operating a 
commercial motor vehicle--
            ``(1) addressing the knowledge and skills that--
                    ``(A) are necessary for an individual operating a 
                commercial motor vehicle to safely operate a commercial 
                motor vehicle; and
                    ``(B) must be acquired before obtaining a 
                commercial driver's license for the first time or 
                upgrading from one class of commercial driver's license 
                to another class;
            ``(2) addressing the specific training needs of a 
        commercial motor vehicle operator seeking passenger or 
        hazardous materials endorsements, including for an operator 
        seeking a passenger endorsement training--
                    ``(A) to suppress motorcoach fires; and
                    ``(B) to evacuate passengers from motorcoaches 
                safely;
            ``(3) requiring effective instruction to acquire the 
        knowledge, skills, and training referred to in paragraphs (1) 
        and (2), including classroom and behind-the-wheel instruction;
            ``(4) requiring certification that an individual operating 
        a commercial motor vehicle meets the requirements established 
        by the Secretary; and
            ``(5) requiring a training provider (including a public or 
        private driving school, motor carrier, or owner or operator of 
        a commercial motor vehicle) that offers training that results 
        in the issuance of a certification to an individual under 
        paragraph (4) to demonstrate that the training meets the 
        requirements of the regulations, through a process established 
        by the Secretary.''.
    (b) Commercial Driver's License Uniform Standards.--Section 
31308(1) is amended to read as follows:
            ``(1) an individual issued a commercial driver's license--
                    ``(A) pass written and driving tests for the 
                operation of a commercial motor vehicle that comply 
                with the minimum standards prescribed by the Secretary 
                under section 31305(a); and
                    ``(B) present certification of completion of driver 
                training that meets the requirements established by the 
                Secretary under section 31305(c);''.
    (c) Conforming Amendment.--The section heading for section 31305 is 
amended to read as follows:
``Sec. 31305. General driver fitness, testing, and training''.
    (d) Conforming Amendment.--The analysis for chapter 313 is amended 
by striking the item relating to section 31305 and inserting the 
following:

``31305. General driver fitness, testing, and training.''.

SEC. 306. COMMERCIAL DRIVER'S LICENSE PROGRAM.

    (a) In General.--Section 31309 is amended--
            (1) in subsection (e)(4), by amending subparagraph (A) to 
        read as follows:
                    ``(A) In general.--The plan shall specify--
                            ``(i) a date by which all States shall be 
                        operating commercial driver's license 
                        information systems that are compatible with 
                        the modernized information system under this 
                        section; and
                            ``(ii) that States must use the systems to 
                        receive and submit conviction and 
                        disqualification data.''; and
            (2) in subsection (f), by striking ``use'' and inserting 
        ``use, subject to section 31313(a),''.
    (b) Requirements for State Participation.--Section 31311 is 
amended--
            (1) in subsection (a), as amended by section 205(b) of this 
        Act--
                    (A) in paragraph (5), by striking ``At least'' and 
                all that follows through ``regulation),'' and 
                inserting: ``Not later than the time period prescribed 
                by the Secretary by regulation,''; and
                    (B) by adding at the end the following:
            ``(23) Not later than 1 year after the date of enactment of 
        the Commercial Motor Vehicle Safety Enhancement Act of 2011, 
        the State shall implement a system and practices for the 
        exclusive electronic exchange of driver history record 
        information on the system the Secretary maintains under section 
        31309, including the posting of convictions, withdrawals, and 
        disqualifications.''; and
            (2) by adding at the end the following:
    ``(d) Critical Requirements.--
            ``(1) Identification of critical requirements.--After 
        reviewing the requirements under subsection (a), including the 
        regulations issued pursuant to subsection (a) and section 
        31309(e)(4), the Secretary shall identify the requirements that 
        are critical to an effective State commercial driver's license 
        program.
            ``(2) Guidance.--Not later than 180 days after the date of 
        enactment of the Commercial Motor Vehicle Safety Enhancement 
        Act of 2011, the Secretary shall issue guidance to assist 
        States in complying with the critical requirements identified 
        under paragraph (1). The guidance shall include a description 
        of the actions that each State must take to collect and share 
        accurate and complete data in a timely manner.
    ``(e) State Commercial Driver's License Program Plan.--
            ``(1) In general.--Not later than 180 days after the 
        Secretary issues guidance under subsection (d)(2), a State 
        shall submit a plan to the Secretary for complying with the 
        requirements under this section during the period beginning on 
        the date the plan is submitted and ending on September 30, 
        2016.
            ``(2) Contents.--A plan submitted by a State under 
        paragraph (1) shall identify--
                    ``(A) the actions that the State will take to 
                comply with the critical requirements identified under 
                subsection (d)(1);
                    ``(B) the actions that the State will take to 
                address any deficiencies in the State's commercial 
                driver's license program, as identified by the 
                Secretary in the most recent audit of the program; and
                    ``(C) other actions that the State will take to 
                comply with the requirements under subsection (a).
            ``(3) Priority.--
                    ``(A) Implementation schedule.--A plan submitted by 
                a State under paragraph (1) shall include a schedule 
                for the implementation of the actions identified under 
                paragraph (2). In establishing the schedule, the State 
                shall prioritize the actions identified under 
                paragraphs (2)(A) and (2)(B).
                    ``(B) Deadline for compliance with critical 
                requirements.--A plan submitted by a State under 
                paragraph (1) shall include assurances that the State 
                will take the necessary actions to comply with the 
                critical requirements pursuant to subsection (d) not 
                later than September 30, 2015.
            ``(4) Approval and disapproval.--The Secretary shall--
                    ``(A) review each plan submitted under paragraph 
                (1);
                    ``(B) approve a plan that the Secretary determines 
                meets the requirements under this subsection and 
                promotes the goals of this chapter; and
                    ``(C) disapprove a plan that the Secretary 
                determines does not meet the requirements or does not 
                promote the goals.
            ``(5) Modification of disapproved plans.--If the Secretary 
        disapproves a plan under paragraph (4)(C), the Secretary 
        shall--
                    ``(A) provide a written explanation of the 
                disapproval to the State; and
                    ``(B) allow the State to modify the plan and 
                resubmit it for approval.
            ``(6) Plan updates.--The Secretary may require a State to 
        review and update a plan, as appropriate.
    ``(f) Annual Comparison of State Levels of Compliance.--The 
Secretary shall annually--
            ``(1) compare the relative levels of compliance by States 
        with the requirements under subsection (a); and
            ``(2) make the results of the comparison available to the 
        public.''.
    (c) Decertification Authority.--Section 31312 is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Deadline for Compliance With Critical Requirements.--
Beginning on October 1, 2016, in making a determination under 
subsection (a), the Secretary shall consider a State to be in 
substantial noncompliance with this chapter if the Secretary determines 
that--
            ``(1) the State is not complying with a critical 
        requirement under section 31311(d)(1); and
            ``(2) sufficient grant funding was made available to the 
        State under section 31313(a) to comply with the requirement.''.

SEC. 307. COMMERCIAL DRIVER'S LICENSE REQUIREMENTS.

    (a) Licensing Standards.--Section 31305(a)(7) is amended by 
inserting ``would not be subject to a disqualification under section 
31310(g) of this title and'' after ``taking the tests''.
    (b) Disqualifications.--Section 31310(g)(1) is amended by deleting 
``who holds a commercial driver's license and''.

SEC. 308. COMMERCIAL MOTOR VEHICLE DRIVER INFORMATION SYSTEMS.

    Section 31106(c) is amended--
            (1) by striking the subsection heading and inserting ``(1) 
        In General.--'';
            (2) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D); and
            (3) by adding at the end the following:
            ``(2) Access to records.--The Secretary may require a 
        State, as a condition of an award of grant money under this 
        section, to provide the Secretary access to all State licensing 
        status and driver history records via an electronic information 
        system, subject to section 2721 of title 18.''.

SEC. 309. DISQUALIFICATIONS BASED ON NON-COMMERCIAL MOTOR VEHICLE 
              OPERATIONS.

    (a) First Offense.--Section 31310(b)(1)(D) is amended by deleting 
``commercial'' after ``revoked, suspended, or canceled based on the 
individual's operation of a,'' and before ``motor vehicle''.
    (b) Second Offense.--Section 31310(c)(1)(D) is amended by deleting 
``commercial'' after ``revoked, suspended, or canceled based on the 
individual's operation of a,'' and before ``motor vehicle''.

SEC. 310. FEDERAL DRIVER DISQUALIFICATIONS.

    (a) Disqualification Defined.--Section 31301, as amended by section 
205 of this Act, is amended--
            (1) by redesignating paragraphs (6) through (15) as 
        paragraphs (7) through (16), respectively; and
            (2) by inserting after paragraph (5) the following:
            ``(6) `Disqualification' means--
                    ``(A) the suspension, revocation, or cancellation 
                of a commercial driver's license by the State of 
                issuance;
                    ``(B) a withdrawal of an individual's privilege to 
                drive a commercial motor vehicle by a State or other 
                jurisdiction as the result of a violation of State or 
                local law relating to motor vehicle traffic control, 
                except for a parking, vehicle weight, or vehicle defect 
                violation;
                    ``(C) a determination by the Secretary that an 
                individual is not qualified to operate a commercial 
                motor vehicle; or
                    ``(D) a determination by the Secretary that a 
                commercial motor vehicle driver is unfit under section 
                31144(g).''.
    (b) Commercial Driver's License Information System Contents.--
Section 31309(b)(1)(F) is amended by inserting after ``disqualified'' 
the following: ``by the State that issued the individual a commercial 
driver's license, or by the Secretary,''.
    (c) State Action on Federal Disqualification.--Section 31310(h) is 
amended by inserting after the first sentence the following:
    ``If the State has not disqualified the individual from operating a 
commercial vehicle under subsections (b) through (g), the State shall 
disqualify the individual if the Secretary determines under 31144(g) 
that the individual is disqualified from operating a commercial motor 
vehicle.''.

SEC. 311. EMPLOYER RESPONSIBILITIES.

    Section 31304, as amended by section 304 of this Act, is amended in 
subsection (a)--
            (1) by striking ``knowingly''; and
            (2) by striking ``in which'' and inserting ``that the 
        employer knows or should reasonably know that''.

                    TITLE IV--SAFE ROADS ACT OF 2011

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Safe Roads Act of 2011''.

SEC. 402. NATIONAL CLEARINGHOUSE FOR CONTROLLED SUBSTANCE AND ALCOHOL 
              TEST RESULTS OF COMMERCIAL MOTOR VEHICLE OPERATORS.

    (a) In General.--Chapter 313 is amended--
            (1) in section 31306(a), by inserting ``and section 
        31306a'' after ``this section''; and
            (2) by inserting after section 31306 the following:
``Sec. 31306a. National clearinghouse for controlled substance and 
              alcohol test results of commercial motor vehicle 
              operators
    ``(a) Establishment.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Safe Roads Act of 2011, the Secretary of 
        Transportation shall establish a national clearinghouse for 
        records relating to alcohol and controlled substances testing 
        of commercial motor vehicle operators.
            ``(2) Purposes.--The purposes of the clearinghouse shall 
        be--
                    ``(A) to improve compliance with the Department of 
                Transportation's alcohol and controlled substances 
                testing program applicable to commercial motor vehicle 
                operators;
                    ``(B) to facilitate access to information about an 
                individual before employing the individual as a 
                commercial motor vehicle operator;
                    ``(C) to enhance the safety of our United States 
                roadways by reducing accident fatalities involving 
                commercial motor vehicles; and
                    ``(D) to reduce the number of impaired commercial 
                motor vehicle operators.
            ``(3) Contents.--The clearinghouse shall function as a 
        repository for records relating to the positive test results 
        and test refusals of commercial motor vehicle operators and 
        violations by such operators of prohibitions set forth in 
        subpart B of part 382 of title 49, Code of Federal Regulations 
        (or any subsequent corresponding regulations).
            ``(4) Electronic exchange of records.--The Secretary shall 
        ensure that records can be electronically submitted to, and 
        requested from, the clearinghouse by authorized users.
            ``(5) Authorized operator.--The Secretary may authorize a 
        qualified and experienced private entity to operate and 
        maintain the clearinghouse and to collect fees on behalf of the 
        Secretary under subsection (e). The entity shall establish, 
        operate, maintain and expand the clearinghouse and permit 
        access to driver information and records from the clearinghouse 
        in accordance with this section.
    ``(b) Design of Clearinghouse.--
            ``(1) Use of federal motor carrier safety administration 
        recommendations.--In establishing the clearinghouse, the 
        Secretary shall consider--
                    ``(A) the findings and recommendations contained in 
                the Federal Motor Carrier Safety Administration's March 
                2004 report to Congress required under section 226 of 
                the Motor Carrier Safety Improvement Act of 1999 (49 
                U.S.C. 31306 note); and
                    ``(B) the findings and recommendations contained in 
                the Government Accountability Office's May 2008 report 
                to Congress entitled `Motor Carrier Safety: 
                Improvements to Drug Testing Programs Could Better 
                Identify Illegal Drug Users and Keep Them off the 
                Road.'.
            ``(2) Development of secure processes.--In establishing the 
        clearinghouse, the Secretary shall develop a secure process 
        for--
                    ``(A) administering and managing the clearinghouse 
                in compliance with applicable Federal security 
                standards;
                    ``(B) registering and authenticating authorized 
                users of the clearinghouse;
                    ``(C) registering and authenticating persons 
                required to report to the clearinghouse under 
                subsection (g);
                    ``(D) preventing the unauthorized access of 
                information from the clearinghouse;
                    ``(E) storing and transmitting data;
                    ``(F) persons required to report to the 
                clearinghouse under subsection (g) to timely and 
                accurately submit electronic data to the clearinghouse;
                    ``(G) generating timely and accurate reports from 
                the clearinghouse in response to requests for 
                information by authorized users; and
                    ``(H) updating an individual's record upon 
                completion of the return-to-duty process described in 
                title 49, Code of Federal Regulations.
            ``(3) Employer alert of positive test result.--In 
        establishing the clearinghouse, the Secretary shall develop a 
        secure method for electronically notifying an employer of each 
        additional positive test result or other noncompliance--
                    ``(A) for an employee, that is entered into the 
                clearinghouse during the 7-day period immediately 
                following an employer's inquiry about the employee; and
                    ``(B) for an employee who is listed as having 
                multiple employers.
            ``(4) Archive capability.--In establishing the 
        clearinghouse, the Secretary shall develop a process for 
        archiving all clearinghouse records, including the depositing 
        of personal records, records relating to each individual in the 
        database, and access requests for personal records, for the 
        purposes of--
                    ``(A) auditing and evaluating the timeliness, 
                accuracy, and completeness of data in the 
                clearinghouse; and
                    ``(B) auditing to monitor compliance and enforce 
                penalties for noncompliance.
            ``(5) Future needs.--
                    ``(A) Interoperability with other data systems.--In 
                establishing the clearinghouse, the Secretary shall 
                consider--
                            ``(i) the existing data systems containing 
                        regulatory and safety data for commercial motor 
                        vehicle operators;
                            ``(ii) the efficacy of using or combining 
                        clearinghouse data with 1 or more of such 
                        systems; and
                            ``(iii) the potential interoperability of 
                        the clearinghouse with such systems.
                    ``(B) Specific considerations.--In carrying out 
                subparagraph (A), the Secretary shall determine--
                            ``(i) the clearinghouse's capability for 
                        interoperability with--
                                    ``(I) the National Driver Register 
                                established under section 30302;
                                    ``(II) the Commercial Driver's 
                                License Information System established 
                                under section 31309;
                                    ``(III) the Motor Carrier 
                                Management Information System for 
                                preemployment screening services under 
                                section 31150; and
                                    ``(IV) other data systems, as 
                                appropriate; and
                            ``(ii) any change to the administration of 
                        the current testing program, such as forms, 
                        that is necessary to collect data for the 
                        clearinghouse.
    ``(c) Standard Formats.--The Secretary shall develop standard 
formats to be used--
            ``(1) by an authorized user of the clearinghouse to--
                    ``(A) request a record from the clearinghouse; and
                    ``(B) obtain the consent of an individual who is 
                the subject of a request from the clearinghouse, if 
                applicable; and
            ``(2) to notify an individual that a positive alcohol or 
        controlled substances test result, refusing to test, and a 
        violation of any of the prohibitions under subpart B of part 
        382 of title 49, Code of Federal Regulations (or any subsequent 
        corresponding regulations), will be reported to the 
        clearinghouse.
    ``(d) Privacy.--A release of information from the clearinghouse 
shall--
            ``(1) comply with applicable Federal privacy laws, 
        including the fair information practices under the Privacy Act 
        of 1974 (5 U.S.C. 552a);
            ``(2) comply with applicable sections of the Fair Credit 
        Reporting Act (15 U.S.C. 1681 et seq.); and
            ``(3) not be made to any person or entity unless expressly 
        authorized or required by law.
    ``(e) Fees.--
            ``(1) Authority to collect fees.--Except as provided under 
        paragraph (3), the Secretary may collect a reasonable, 
        customary, and nominal fee from an authorized user of the 
        clearinghouse for a request for information from the 
        clearinghouse.
            ``(2) Use of fees.--Fees collected under this subsection 
        shall be used for the operation and maintenance of the 
        clearinghouse.
            ``(3) Limitation.--The Secretary may not collect a fee from 
        an individual requesting information from the clearinghouse 
        that pertains to the record of that individual.
    ``(f) Employer Requirements.--
            ``(1) Determination concerning use of clearinghouse.--The 
        Secretary shall determine if an employer is authorized to use 
        the clearinghouse to meet the alcohol and controlled substances 
        testing requirements under title 49, Code of Federal 
        Regulations.
            ``(2) Applicability of existing requirements.--Each 
        employer and service agent shall comply with the alcohol and 
        controlled substances testing requirements under title 49, Code 
        of Federal Regulations.
            ``(3) Employment prohibitions.--Beginning 30 days after the 
        date that the clearinghouse is established under subsection 
        (a), an employer shall not hire an individual to operate a 
        commercial motor vehicle unless the employer determines that 
        the individual, during the preceding 3-year period--
                    ``(A) if tested for the use of alcohol and 
                controlled substances, as required under title 49, Code 
                of Federal Regulations--
                            ``(i) did not test positive for the use of 
                        alcohol or controlled substances in violation 
                        of the regulations; or
                            ``(ii) tested positive for the use of 
                        alcohol or controlled substances and completed 
                        the required return-to-duty process under title 
                        49, Code of Federal Regulations;
                    ``(B)(i) did not refuse to take an alcohol or 
                controlled substance test under title 49, Code of 
                Federal Regulations; or
                            ``(ii) refused to take an alcohol or 
                        controlled substance test and completed the 
                        required return-to-duty process under title 49, 
                        Code of Federal Regulations; and
                    ``(C) did not violate any other provision of 
                subpart B of part 382 of title 49, Code of Federal 
                Regulations (or any subsequent corresponding 
                regulations).
            ``(4) Annual review.--Beginning 30 days after the date that 
        the clearinghouse is established under subsection (a), an 
        employer shall request and review a commercial motor vehicle 
        operator's record from the clearinghouse annually for as long 
        as the commercial motor vehicle operator is under the employ of 
        the employer.
    ``(g) Reporting of Records.--
            ``(1) In general.--Beginning 30 days after the date that 
        the clearinghouse is established under subsection (a), a 
        medical review officer, employer, service agent, and other 
        appropriate person, as determined by the Secretary, shall 
        promptly submit to the Secretary, if in possession of, the 
        record of an individual who--
                    ``(A) refuses to take an alcohol or controlled 
                substances test required under title 49, Code of 
                Federal Regulations;
                    ``(B) tests positive for alcohol or a controlled 
                substance in violation of the regulations; or
                    ``(C) violates any other provision of subpart B of 
                part 382 of title 49, Code of Federal Regulations (or 
                any subsequent corresponding regulations).
            ``(2) Inclusion of records in clearinghouse.--The Secretary 
        shall include in the clearinghouse the records of positive test 
        results and test refusals received under paragraph (1).
            ``(3) Modifications and deletions.--If the Secretary 
        determines that a record contained in the clearinghouse is not 
        accurate, the Secretary shall modify or delete the record, as 
        appropriate.
            ``(4) Notification.--The Secretary shall expeditiously 
        notify an individual, unless such notification would be 
        duplicative, when--
                    ``(A) a record relating to the individual is 
                received by the clearinghouse;
                    ``(B) a record in the clearinghouse relating to the 
                individual is modified or deleted, and include in the 
                notification the reason for the modification or 
                deletion; or
                    ``(C) a record in the clearinghouse relating to the 
                individual is released to an employer and specify the 
                reason for the release.
            ``(5) Data quality and security standards for reporting and 
        releasing.--The Secretary may establish additional 
        requirements, as appropriate, to ensure that--
                    ``(A) the submission of records to the 
                clearinghouse is timely and accurate;
                    ``(B) the release of data from the clearinghouse is 
                timely, accurate, and released to the appropriate 
                authorized user under this section; and
                    ``(C) an individual with a record in the 
                clearinghouse has a cause of action for any 
                inappropriate use of information included in the 
                clearinghouse.
            ``(6) Retention of records.--The Secretary shall--
                    ``(A) retain a record submitted to the 
                clearinghouse for a 5-year period beginning on the date 
                the record is submitted;
                    ``(B) remove the record from the clearinghouse at 
                the end of the 5-year period, unless the individual 
                fails to meet a return-to-duty or follow-up requirement 
                under title 49, Code of Federal Regulations; and
                    ``(C) retain a record after the end of the 5-year 
                period in a separate location for archiving and 
                auditing purposes.
    ``(h) Authorized Users.--
            ``(1) Employers.--The Secretary shall establish a process 
        for an employer to request and receive an individual's record 
        from the clearinghouse.
                    ``(A) Consent.--An employer may not access an 
                individual's record from the clearinghouse unless the 
                employer--
                            ``(i) obtains the prior written or 
                        electronic consent of the individual for access 
                        to the record; and
                            ``(ii) submits proof of the individual's 
                        consent to the Secretary.
                    ``(B) Access to records.--After receiving a request 
                from an employer for an individual's record under 
                subparagraph (A), the Secretary shall grant access to 
                the individual's record to the employer as 
                expeditiously as practicable.
                    ``(C) Retention of record requests.--The Secretary 
                shall require an employer to retain for a 3-year 
                period--
                            ``(i) a record of each request made by the 
                        employer for records from the clearinghouse; 
                        and
                            ``(ii) the information received pursuant to 
                        the request.
                    ``(D) Use of records.--An employer may use an 
                individual's record received from the clearinghouse 
                only to assess and evaluate the qualifications of the 
                individual to operate a commercial motor vehicle for 
                the employer.
                    ``(E) Protection of privacy of individuals.--An 
                employer that receives an individual's record from the 
                clearinghouse under subparagraph (B) shall--
                            ``(i) protect the privacy of the individual 
                        and the confidentiality of the record; and
                            ``(ii) ensure that information contained in 
                        the record is not divulged to a person or 
                        entity that is not directly involved in 
                        assessing and evaluating the qualifications of 
                        the individual to operate a commercial motor 
                        vehicle for the employer.
            ``(2) State licensing authorities.--The Secretary shall 
        establish a process for the chief commercial driver's licensing 
        official of a State to request and receive an individual's 
        record from the clearinghouse if the individual is applying for 
        a commercial driver's license from the State.
                    ``(A) Consent.--The Secretary may grant access to 
                an individual's record in the clearinghouse under this 
                paragraph without the prior written or electronic 
                consent of the individual. An individual who holds a 
                commercial driver's license shall be deemed to consent 
                to such access by obtaining a commercial driver's 
                license.
                    ``(B) Protection of privacy of individuals.--A 
                chief commercial driver's licensing official of a State 
                that receives an individual's record from the 
                clearinghouse under this paragraph shall--
                            ``(i) protect the privacy of the individual 
                        and the confidentiality of the record; and
                            ``(ii) ensure that the information in the 
                        record is not divulged to any person that is 
                        not directly involved in assessing and 
                        evaluating the qualifications of the individual 
                        to operate a commercial motor vehicle.
            ``(3) National transportation safety board.--The Secretary 
        shall establish a process for the National Transportation 
        Safety Board to request and receive an individual's record from 
        the clearinghouse if the individual is involved in an accident 
        that is under investigation by the National Transportation 
        Safety Board.
                    ``(A) Consent.--The Secretary may grant access to 
                an individual's record in the clearinghouse under this 
                paragraph without the prior written or electronic 
                consent of the individual. An individual who holds a 
                commercial driver's license shall be deemed to consent 
                to such access by obtaining a commercial driver's 
                license.
                    ``(B) Protection of privacy of individuals.--An 
                official of the National Transportation Safety Board 
                that receives an individual's record from the 
                clearinghouse under this paragraph shall--
                            ``(i) protect the privacy of the individual 
                        and the confidentiality of the record; and
                            ``(ii) unless the official determines that 
                        the information in the individual's record 
                        should be reported under section 1131(e), 
                        ensure that the information in the record is 
                        not divulged to any person that is not directly 
                        involved with investigating the accident.
            ``(4) Additional authorized users.--The Secretary shall 
        consider whether to grant access to the clearinghouse to 
        additional users. The Secretary may authorize access to an 
        individual's record from the clearinghouse to an additional 
        user if the Secretary determines that granting access will 
        further the purposes under subsection (a)(2). In determining 
        whether the access will further the purposes under subsection 
        (a)(2), the Secretary shall consider, among other things--
                    ``(A) what use the additional user will make of the 
                individual's record;
                    ``(B) the costs and benefits of the use; and
                    ``(C) how to protect the privacy of the individual 
                and the confidentiality of the record.
    ``(i) Access to Clearinghouse by Individuals.--
            ``(1) In general.--The Secretary shall establish a process 
        for an individual to request and receive information from the 
        clearinghouse--
                    ``(A) to determine whether the clearinghouse 
                contains a record pertaining to the individual;
                    ``(B) to verify the accuracy of a record;
                    ``(C) to update an individual's record, including 
                completing the return-to-duty process described in 
                title 49, Code of Federal Regulations; and
                    ``(D) to determine whether the clearinghouse 
                received requests for the individual's information.
            ``(2) Dispute procedure.--The Secretary shall establish a 
        procedure, including an appeal process, for an individual to 
        dispute and remedy an administrative error in the individual's 
        record.
    ``(j) Penalties.--
            ``(1) In general.--An employer, employee, medical review 
        officer, or service agent who violates any provision of this 
        section shall be subject to civil penalties under section 
        521(b)(2)(C) and criminal penalties under section 521(b)(6)(B), 
        and any other applicable civil and criminal penalties, as 
        determined by the Secretary.
            ``(2) Violation of privacy.--The Secretary shall establish 
        civil and criminal penalties, consistent with paragraph (1), 
        for an authorized user who violates paragraph (2)(B) or (3)(B) 
        of subsection (h).
    ``(k) Compatibility of State and Local Laws.--
            ``(1) Preemption.--Except as provided under paragraph (2), 
        any law, regulation, order, or other requirement of a State, 
        political subdivision of a State, or Indian tribe related to a 
        commercial driver's license holder subject to alcohol or 
        controlled substance testing under title 49, Code of Federal 
        Regulations, that is inconsistent with this section or a 
        regulation issued pursuant to this section is preempted.
            ``(2) Applicability.--The preemption under paragraph (1) 
        shall include--
                    ``(A) the reporting of valid positive results from 
                alcohol screening tests and drug tests;
                    ``(B) the refusal to provide a specimen for an 
                alcohol screening test or drug test; and
                    ``(C) other violations of subpart B of part 382 of 
                title 49, Code of Federal Regulations (or any 
                subsequent corresponding regulations).
            ``(3) Exception.--A law, regulation, order, or other 
        requirement of a State, political subdivision of a State, or 
        Indian tribe shall not be preempted under this subsection to 
        the extent it relates to an action taken with respect to a 
        commercial motor vehicle operator's commercial driver's license 
        or driving record as a result of the driver's--
                    ``(A) verified positive alcohol or drug test 
                result;
                    ``(B) refusal to provide a specimen for the test; 
                or
                    ``(C) other violations of subpart B of part 382 of 
                title 49, Code of Federal Regulations (or any 
                subsequent corresponding regulations).
    ``(l) Definitions.--In this section--
            ``(1) Authorized user.--The term `authorized user' means an 
        employer, State licensing authority, National Transportation 
        Safety Board, or other person granted access to the 
        clearinghouse under subsection (h).
            ``(2) Chief commercial driver's licensing official.--The 
        term `chief commercial driver's licensing official' means the 
        official in a State who is authorized to--
                    ``(A) maintain a record about commercial driver's 
                licenses issued by the State; and
                    ``(B) take action on commercial driver's licenses 
                issued by the State.
            ``(3) Clearinghouse.--The term `clearinghouse' means the 
        clearinghouse established under subsection (a).
            ``(4) Commercial motor vehicle operator.--The term 
        `commercial motor vehicle operator' means an individual who--
                    ``(A) possesses a valid commercial driver's license 
                issued in accordance with section 31308; and
                    ``(B) is subject to controlled substances and 
                alcohol testing under title 49, Code of Federal 
                Regulations.
            ``(5) Employer.--The term `employer' means a person or 
        entity employing, or seeking to employ, 1 or more employees 
        (including an individual who is self-employed) to be commercial 
        motor vehicle operators.
            ``(6) Medical review officer.--The term `medical review 
        officer' means a licensed physician who is responsible for--
                    ``(A) receiving and reviewing a laboratory result 
                generated under the testing program;
                    ``(B) evaluating a medical explanation for a 
                controlled substances test under title 49, Code of 
                Federal Regulations; and
                    ``(C) interpreting the results of a controlled 
                substances test.
            ``(7) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(8) Service agent.--The term `service agent' means a 
        person or entity, other than an employee of the employer, who 
        provides services to employers or employees under the testing 
        program.
            ``(9) Testing program.--The term `testing program' means 
        the alcohol and controlled substances testing program required 
        under title 49, Code of Federal Regulations.''.
    (b) Conforming Amendment.--The analysis for chapter 313 is amended 
by inserting after the item relating to section 31306 the following:

``31306a. National clearinghouse for positive controlled substance and 
                            alcohol test results of commercial motor 
                            vehicle operators.''.

SEC. 403. DRUG AND ALCOHOL VIOLATION SANCTIONS.

    Chapter 313 is amended--
            (1) by redesignating section 31306(f) as 31306(f)(1); and
            (2) by inserting after section 31306(f)(1) the following:
            ``(2) Additional sanctions.--The Secretary may require a 
        State to revoke, suspend, or cancel the commercial driver's 
        license of a commercial motor vehicle operator who is found, 
        based on a test conducted and confirmed under this section, to 
        have used alcohol or a controlled substance in violation of law 
        until the commercial motor vehicle operator completes the 
        rehabilitation process under subsection (e).''; and
            (3) by amending section 31310(d) to read as follows:
    ``(d) Controlled Substance Violations.--The Secretary may 
permanently disqualify an individual from operating a commercial 
vehicle if the individual--
            ``(1) uses a commercial motor vehicle in the commission of 
        a felony involving manufacturing, distributing, or dispensing a 
        controlled substance, or possession with intent to manufacture, 
        distribute, or dispense a controlled substance; or
            ``(2) uses alcohol or a controlled substance, in violation 
        of section 31306, 3 or more times.''.

SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

    From the funds authorized to be appropriated under section 31104(h) 
of title 49, United States Code, up to $5,000,000 is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary of Transportation to develop, design, and 
implement the national clearinghouse required by section 402 of this 
Act.

                          TITLE V--ENFORCEMENT

SEC. 501. INSPECTION DEMAND AND DISPLAY OF CREDENTIALS.

    (a) Safety Investigations.--Section 504(c) is amended--
            (1) by inserting ``, or an employee of the recipient of a 
        grant issued under section 31102 of this title'' after ``a 
        contractor''; and
            (2) by inserting ``, in person or in writing'' after 
        ``proper credentials''.
    (b) Civil Penalty.--Section 521(b)(2)(E) is amended--
            (1) by redesignating subparagraph (E) as subparagraph 
        (E)(i); and
            (2) by adding at the end the following:
                            ``(ii) Place out of service.--The Secretary 
                        may by regulation adopt procedures for placing 
                        out of service the commercial motor vehicle of 
                        a foreign-domiciled motor carrier that fails to 
                        promptly allow the Secretary to inspect and 
                        copy a record or inspect equipment, land, 
                        buildings, or other property.''.
    (c) Hazardous Materials Investigations.--Section 5121(c)(2) is 
amended by inserting ``, in person or in writing,'' after ``proper 
credentials''.
    (d) Commercial Investigations.--Section 14122(b) is amended by 
inserting ``, in person or in writing'' after ``proper credentials''.

SEC. 502. OUT OF SERVICE PENALTY FOR DENIAL OF ACCESS TO RECORDS.

    Section 521(b)(2)(E) is amended--
            (1) by inserting after ``$10,000.'' the following: ``In the 
        case of a motor carrier, the Secretary may also place the 
        violator's motor carrier operations out of service.''; and
            (2) by striking ``such penalty'' after ``It shall be a 
        defense to'' and inserting ``a penalty''.

SEC. 503. PENALTIES FOR VIOLATION OF OPERATION OUT OF SERVICE ORDERS.

    Section 521(b)(2) is amended by adding at the end the following:
                    ``(F) Penalty for violations relating to out of 
                service orders.--A motor carrier or employer (as 
                defined in section 31132) that operates a commercial 
                motor vehicle in commerce in violation of a prohibition 
                on transportation under section 31144(c) of this title 
                or an imminent hazard out of service order issued under 
                subsection (b)(5) of this section or section 5121(d) of 
                this title shall be liable for a civil penalty not to 
                exceed $25,000.''.

SEC. 504. MINIMUM PROHIBITION ON OPERATION FOR UNFIT CARRIERS.

    (a) In General.--Section 31144(c)(1) is amended by inserting ``, 
and such period shall be for not less than 10 days'' after ``operator 
is fit''.
    (b) Owners or Operators Transporting Passengers.--Section 
31144(c)(2) is amended by inserting ``, and such period shall be for 
not less than 10 days'' after ``operator is fit''.
    (c) Owners or Operators Transporting Hazardous Material.--Section 
31144(c)(3) is amended by inserting at the end of the first sentence 
the following: ``, and such period shall be for not less than 10 
days''.

SEC. 505. MINIMUM OUT OF SERVICE PENALTIES.

    Section 521(b)(7) is amended by adding at the end the following:
    ``The penalties may include a minimum duration for any out of 
service period, not to exceed 90 days.''.

SEC. 506. IMPOUNDMENT AND IMMOBILIZATION OF COMMERCIAL MOTOR VEHICLES 
              FOR IMMINENT HAZARD.

    Section 521(b) is amended by adding at the end the following:
            ``(15) Impoundment of commercial motor vehicles.--
                    ``(A) Enforcement of imminent hazard out-of-service 
                orders.--
                            ``(i) The Secretary, or an authorized State 
                        official carrying out motor carrier safety 
                        enforcement activities under section 31102, may 
                        enforce an imminent hazard out-of-service order 
                        issued under chapters 5, 51, 131 through 149, 
                        311, 313, or 315 of this title, or a regulation 
                        promulgated thereunder, by towing and 
                        impounding a commercial motor vehicle until the 
                        order is rescinded.
                            ``(ii) Enforcement shall not unreasonably 
                        interfere with the ability of a shipper, 
                        carrier, broker, or other party to arrange for 
                        the alternative transportation of any cargo or 
                        passenger being transported at the time the 
                        commercial motor vehicle is immobilized. In the 
                        case of a commercial motor vehicle transporting 
                        passengers, the Secretary or authorized State 
                        official shall provide reasonable, temporary, 
                        and secure shelter and accommodations for 
                        passengers in transit.
                            ``(iii) The Secretary's designee or an 
                        authorized State official carrying out motor 
                        carrier safety enforcement activities under 
                        section 31102, shall immediately notify the 
                        owner of a commercial motor vehicle of the 
                        impoundment and the opportunity for review of 
                        the impoundment. A review shall be provided in 
                        accordance with section 554 of title 5, except 
                        that the review shall occur not later than 10 
                        days after the impoundment.
                    ``(B) Issuance of regulations.--The Secretary shall 
                promulgate regulations on the use of impoundment or 
                immobilization of commercial motor vehicles as a means 
                of enforcing additional out-of-service orders issued 
                under chapters 5, 51, 131 through 149, 311, 313, or 315 
                of this title, or a regulation promulgated thereunder. 
                Regulations promulgated under this subparagraph shall 
                include consideration of public safety, the protection 
                of passengers and cargo, inconvenience to passengers, 
                and the security of the commercial motor vehicle.
                    ``(C) Definition.--In this paragraph, the term 
                `impoundment' or 'impounding' means the seizing and 
                taking into custody of a commercial motor vehicle or 
                the immobilizing of a commercial motor vehicle through 
                the attachment of a locking device or other mechanical 
                or electronic means.''.

SEC. 507. INCREASED PENALTIES FOR EVASION OF REGULATIONS.

    (a) Penalties.--Section 524 is amended--
            (1) by striking ``knowingly and willfully'';
            (2) by inserting after ``this chapter'' the following: ``, 
        chapter 51, subchapter III of chapter 311 (except sections 
        31138 and 31139) or section 31302, 31303, 31304, 31305(b), 
        31310(g)(1)(A), or 31502 of this title, or a regulation issued 
        under any of those provisions,'';
            (3) by striking ``$200 but not more than $500'' and 
        inserting ``$2,000 but not more than $5,000''; and
            (4) by striking ``$250 but not more than $2,000'' and 
        inserting ``$2,500 but not more than $7,500''.
    (b) Evasion of Regulation.--Section 14906 is amended--
            (1) by striking ``$200'' and inserting ``at least $2,000'';
            (2) by striking ``$250'' and inserting ``$5,000''; and
            (3) by inserting after ``a subsequent violation'' the 
        following:
    ``, and may be subject to criminal penalties''.

SEC. 508. FAILURE TO PAY CIVIL PENALTY AS A DISQUALIFYING OFFENSE.

    (a) In General.--Chapter 311 is amended by inserting after section 
31151 the following:
``Sec. 31152. Disqualification for failure to pay
    ``An individual assessed a civil penalty under this chapter, or 
chapters 5, 51, or 149 of this title, or a regulation issued under any 
of those provisions, who fails to pay the penalty or fails to comply 
with the terms of a settlement with the Secretary, shall be 
disqualified from operating a commercial motor vehicle. A 
disqualification shall continue until the penalty is paid, or the 
individual complies with the terms of the settlement, unless the 
nonpayment is because the individual is a debtor in a case under 
chapter 11 of title 11, United States Code.''.
    (b) Technical Amendments.--Section 31310, as amended by sections 
206 and 310 of this Act, is amended--
            (1) by redesignating subsections (h) through (k) as 
        subsections (i) through (l), respectively; and
            (2) by inserting after subsection (g) the following:
    ``(h) Disqualification for Failure To Pay.--The Secretary shall 
disqualify from operating a commercial motor vehicle any individual who 
fails to pay a civil penalty within the prescribed period, or fails to 
conform to the terms of a settlement with the Secretary. A 
disqualification shall continue until the penalty is paid, or the 
individual conforms to the terms of the settlement, unless the 
nonpayment is because the individual is a debtor in a case under 
chapter 11 of title 11, United States Code.''; and
            (3) in subsection (i), as redesignated, by striking 
        ``Notwithstanding subsections (b) through (g)'' and inserting 
        ``Notwithstanding subsections (b) through (h)''.
    (c) Conforming Amendment.--The analysis of chapter 311 is amended 
by inserting after the item relating to section 31151 the following:

``31152. Disqualification for failure to pay.''.

SEC. 509. VIOLATIONS RELATING TO COMMERCIAL MOTOR VEHICLE SAFETY 
              REGULATION AND OPERATORS.

    Section 521(b)(2)(D) is amended by striking ``ability to pay,''.

SEC. 510. EMERGENCY DISQUALIFICATION FOR IMMINENT HAZARD.

    Section 31310(f) is amended--
            (1) in paragraph (1) by inserting ``section 521 or'' before 
        ``section 5102''; and
            (2) in paragraph (2) by inserting ``section 521 or'' before 
        ``section 5102''.

SEC. 511. INTRASTATE OPERATIONS OF INTERSTATE MOTOR CARRIERS.

    (a) Prohibited Transportation.--Section 521(b)(5) is amended by 
inserting after subparagraph (B) the following:
                    ``(C) If an employee, vehicle, or all or part of an 
                employer's commercial motor vehicle operations is 
                ordered out of service under paragraph (5)(A), the 
                commercial motor vehicle operations of the employee, 
                vehicle, or employer that affect interstate commerce 
                are also prohibited.''.
    (b) Prohibition on Operation in Interstate Commerce After 
Nonpayment of Penalties.--Section 521(b)(8) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) Additional prohibition.--A person prohibited 
                from operating in interstate commerce under paragraph 
                (8)(A) may not operate any commercial motor vehicle 
                where the operation affects interstate commerce.''.

SEC. 512. ENFORCEMENT OF SAFETY LAWS AND REGULATIONS.

    (a) Enforcement of Safety Laws and Regulations.--Chapter 311, as 
amended by sections 113 and 508 of this Act, is amended by adding after 
section 31153 the following:
``Sec. 31154. Enforcement of safety laws and regulations
    ``(a) In General.--The Secretary may bring a civil action to 
enforce this part, or a regulation or order of the Secretary under this 
part, when violated by an employer, employee, or other person providing 
transportation or service under this subchapter or subchapter I.
    ``(b) Venue.--In a civil action under subsection (a)--
            ``(1) trial shall be in the judicial district in which the 
        employer, employee, or other person operates;
            ``(2) process may be served without regard to the 
        territorial limits of the district or of the State in which the 
        action is instituted; and
            ``(3) a person participating with a carrier or broker in a 
        violation may be joined in the civil action without regard to 
        the residence of the person.''.
    (b) Conforming Amendment.--The analysis of chapter 311 is amended 
by inserting after the item relating to section 31153 the following:

``31154. Enforcement of safety laws and regulations.''.

SEC. 513. DISCLOSURE TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES.

    Section 31106(e) is amended--
            (1) by redesignating subsection (e) as subsection (e)(1); 
        and
            (2) by inserting at the end the following:
            ``(2) In general.--Notwithstanding any prohibition on 
        disclosure of information in section 31105(h) or 31143(b) of 
        this title or section 552a of title 5, the Secretary may 
        disclose information maintained by the Secretary pursuant to 
        chapters 51, 135, 311, or 313 of this title to appropriate 
        personnel of a State agency or instrumentality authorized to 
        carry out State commercial motor vehicle safety activities and 
        commercial driver's license laws, or appropriate personnel of a 
        local law enforcement agency, in accordance with standards, 
        conditions, and procedures as determined by the Secretary. 
        Disclosure under this section shall not operate as a waiver by 
        the Secretary of any applicable privilege against disclosure 
        under common law or as a basis for compelling disclosure under 
        section 552 of title 5.''.

              TITLE VI--COMPLIANCE, SAFETY, ACCOUNTABILITY

SEC. 601. COMPLIANCE, SAFETY, ACCOUNTABILITY.

    (a) Section 31102 is amended--
            (1) by amending the section heading to read:
``Sec. 31102. Compliance, safety, and accountability grants'';
            (2) by amending subsection (a) to read as follows:
    ``(a) General Authority.--Subject to this section, the Secretary of 
Transportation shall make and administer a compliance, safety, and 
accountability grant program to assist States, local governments, and 
other entities and persons with motor carrier safety and enforcement on 
highways and other public roads, new entrant safety audits, border 
enforcement, hazardous materials safety and security, consumer 
protection and household goods enforcement, and other programs and 
activities required to improve the safety of motor carriers as 
determined by the Secretary. The Secretary shall allocate funding in 
accordance with section 31104 of this title.'';
            (3) in subsection (b)--
                    (A) by amending the heading to read as follows:
    ``(b) Motor Carrier Safety Assistance Program.--'';
                    (B) by redesignating paragraphs (1) through (3) as 
                (2) through (4), respectively;
                    (C) by inserting before paragraph (2), as 
                redesignated, the following:
            ``(1) Program goal.--The goal of the Motor Carrier Safety 
        Assistance Program is to ensure that the Secretary, States, 
        local government agencies, and other political jurisdictions 
        work in partnership to establish programs to improve motor 
        carrier, commercial motor vehicle, and driver safety to support 
        a safe and efficient surface transportation system by--
                    ``(A) making targeted investments to promote safe 
                commercial motor vehicle transportation, including 
                transportation of passengers and hazardous materials;
                    ``(B) investing in activities likely to generate 
                maximum reductions in the number and severity of 
                commercial motor vehicle crashes and fatalities 
                resulting from such crashes;
                    ``(C) adopting and enforcing effective motor 
                carrier, commercial motor vehicle, and driver safety 
                regulations and practices consistent with Federal 
                requirements; and
                    ``(D) assessing and improving statewide performance 
                by setting program goals and meeting performance 
                standards, measures, and benchmarks.'';
                    (D) in paragraph (2), as redesignated--
                            (i) by striking ``make a declaration of'' 
                        in subparagraph (I) and inserting 
                        ``demonstrate'';
                            (ii) by amending subparagraph (M) to read 
                        as follows:
                    ``(M) ensures participation in appropriate Federal 
                Motor Carrier Safety Administration systems and other 
                information systems by all appropriate jurisdictions 
                receiving Motor Carrier Safety Assistance Program 
                funding;'';
                            (iii) in subparagraph (Q), by inserting 
                        ``and dedicated sufficient resources to'' 
                        between ``established'' and ``a program'';
                            (iv) in subparagraph (W), by striking 
                        ``and'' after the semicolon;
                            (v) by amending subparagraph (X) to read as 
                        follows:
                    ``(X) except in the case of an imminent or obvious 
                safety hazard, ensures that an inspection of a vehicle 
                transporting passengers for a motor carrier of 
                passengers is conducted at a station, terminal, border 
                crossing, maintenance facility, destination, weigh 
                station, rest stop, turnpike service area, or a 
                location where adequate food, shelter, and sanitation 
                facilities are available for passengers, and reasonable 
                accommodation is available for passengers with 
                disabilities; and''; and
                            (vi) by adding after subparagraph (X) the 
                        following:
                    ``(Y) ensures that the State will transmit to its 
                roadside inspectors the notice of each federal 
                exemption granted pursuant to section 31315(b) and 
                provided to the State by the Secretary, including the 
                name of the person granted the exemption and any terms 
                and conditions that apply to the exemption.''; and
                    (E) by amending paragraph (4), as redesignated, to 
                read as follows:
            ``(4) Maintenance of effort.--
                    ``(A) In general.--A plan submitted by a State 
                under paragraph (2) shall provide that the total 
                expenditure of amounts of the lead State agency 
                responsible for implementing the plan will be 
                maintained at a level at least equal to the average 
                level of that expenditure for fiscal years 2004 and 
                2005.
                    ``(B) Average level of state expenditures.--In 
                estimating the average level of State expenditure under 
                subparagraph (A), the Secretary--
                            ``(i) may allow the State to exclude State 
                        expenditures for Government-sponsored 
                        demonstration or pilot programs; and
                            ``(ii) shall require the State to exclude 
                        State matching amounts used to receive 
                        Government financing under this subsection.
                    ``(C) Waiver.--Upon the request of a State, the 
                Secretary may waive or modify the requirements of this 
                paragraph for 1 fiscal year, if the Secretary 
                determines that a waiver is equitable due to 
                exceptional or uncontrollable circumstances, such as a 
                natural disaster or a serious decline in the financial 
                resources of the State motor carrier safety assistance 
                program agency.'';
            (4) by redesignating subsection (e) as subsection (h); and
            (5) by inserting after subsection (d) the following:
    ``(e) New Entrant Safety Assurance Program.--
            ``(1) Program goal.--The Secretary may make grants to 
        States and local governments for pre-authorization safety 
        audits and new entrant motor carrier audits as described in 
        section 31144(g).
            ``(2) Recipients.--Grants made in support of this program 
        may be provided to States and local governments.
            ``(3) Federal share.--The Federal share of a grant made 
        under this program is 100 percent.
            ``(4) Eligible activities.--Eligible activities will be in 
        accordance with criteria developed by the Secretary and posted 
        in the Federal Register in advance of the grant application 
        period.
            ``(5) Determination.--If the Secretary determines that a 
        State or local government is unable to conduct a new entrant 
        motor carrier audit, the Secretary may use the funds to conduct 
        the audit.
    ``(f) Border Enforcement.--
            ``(1) Program goal.--The Secretary of Transportation may 
        make a grant for carrying out border commercial motor vehicle 
        safety programs and related enforcement activities and 
        projects.
            ``(2) Recipients.--The Secretary of Transportation may make 
        a grant to an entity, State, or other person for carrying out 
        border commercial motor vehicle safety programs and related 
        enforcement activities and projects.
            ``(3) Federal share.--The Secretary shall reimburse a 
        grantee at least 80 percent of the costs incurred in a fiscal 
        year for carrying out border commercial motor vehicle safety 
        programs and related enforcement activities and projects.
            ``(4) Eligible activities.--An eligible activity will be in 
        accordance with criteria developed by the Secretary and posted 
        in the Federal Register in advance of the grant application 
        period.
    ``(g) High Priority Initiatives.--
            ``(1) Program goal.--The Secretary may make grants to carry 
        out high priority activities and projects that improve 
        commercial motor vehicle safety and compliance with commercial 
        motor vehicle safety regulations, including activities and 
        projects that--
                    ``(A) are national in scope;
                    ``(B) increase public awareness and education;
                    ``(C) target unsafe driving of commercial motor 
                vehicles and non-commercial motor vehicles in areas 
                identified as high risk crash corridors;
                    ``(D) improve consumer protection and enforcement 
                of household goods regulations;
                    ``(E) improve the movement of hazardous materials 
                safely and securely, including activities related to 
                the establishment of uniform forms and application 
                procedures that improve the accuracy, timeliness, and 
                completeness of commercial motor vehicle safety data 
                reported to the Secretary; or
                    ``(F) demonstrate new technologies to improve 
                commercial motor vehicle safety.
            ``(2) Recipients.--The Secretary may allocate amounts to 
        award grants to State agencies, local governments, and other 
        persons for carrying out high priority activities and projects 
        that improve commercial motor vehicle safety and compliance 
        with commercial motor vehicle safety regulations in accordance 
        with the program goals specified in paragraph (1).
            ``(3) Federal share.--The Secretary shall reimburse a 
        grantee at least 80 percent of the costs incurred in a fiscal 
        year for carrying out the high priority activities or projects.
            ``(4) Eligible activities.--An eligible activity will be in 
        accordance with criteria that is--
                    ``(A) developed by the Secretary; and
                    ``(B) posted in the Federal Register in advance of 
                the grant application period.''.
    (b) Conforming Amendment.--The analysis of chapter 311 is amended 
by striking the item relating to section 31102 and inserting the 
following:

``31102. Compliance, safety, and accountability grants.''.

SEC. 602. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT 
              PROGRAM.

    Section 31106(b) is amended--
            (1) by amending paragraph (3)(C) to read as follows--
                    ``(C) establish and implement a process--
                            ``(i) to cancel the motor vehicle 
                        registration and seize the registration plates 
                        of a vehicle when an employer is found liable 
                        under section 31310(j)(2)(C) for knowingly 
                        allowing or requiring an employee to operate 
                        such a commercial motor vehicle in violation of 
                        an out-of-service order; and
                            ``(ii) to reinstate the vehicle 
                        registration or return the registration plates 
                        of the commercial motor vehicle, subject to 
                        sanctions under clause (i), if the Secretary 
                        permits such carrier to resume operations after 
                        the date of issuance of such order.''; and
            (2) by striking paragraph (4).

SEC. 603. COMMERCIAL MOTOR VEHICLE DEFINED.

    Section 31101(1) is amended to read as follows:
            ``(1) `commercial motor vehicle' means (except under 
        section 31106) a self-propelled or towed vehicle used on the 
        highways in commerce to transport passengers or property, if 
        the vehicle--
                    ``(A) has a gross vehicle weight rating or gross 
                vehicle weight of at least 10,001 pounds, whichever is 
                greater;
                    ``(B) is designed or used to transport more than 8 
                passengers, including the driver, for compensation;
                    ``(C) is designed or used to transport more than 15 
                passengers, including the driver, and is not used to 
                transport passengers for compensation; or
                    ``(D) is used in transporting material found by the 
                Secretary of Transportation to be hazardous under 
                section 5103 and transported in a quantity requiring 
                placarding under regulations prescribed by the 
                Secretary under section 5103.''.

SEC. 604. DRIVER SAFETY FITNESS RATINGS.

    Section 31144, as amended by section 204 of this Act, is amended by 
adding at the end the following:
    ``(i) Commercial Motor Vehicle Drivers.--The Secretary may maintain 
by regulation a procedure for determining the safety fitness of a 
commercial motor vehicle driver and for prohibiting the driver from 
operating in interstate commerce. The procedure and prohibition shall 
include the following:
            ``(1) Specific initial and continuing requirements that a 
        driver must comply with to demonstrate safety fitness.
            ``(2) The methodology and continually updated safety 
        performance data that the Secretary will use to determine 
        whether a driver is fit, including inspection results, serious 
        traffic offenses, and crash involvement data.
            ``(3) Specific time frames within which the Secretary will 
        determine whether a driver is fit.
            ``(4) A prohibition period or periods, not to exceed 1 
        year, that a driver that the Secretary determines is not fit 
        will be prohibited from operating a commercial motor vehicle in 
        interstate commerce. The period or periods shall begin on the 
        46th day after the date of the fitness determination and 
        continue until the Secretary determines the driver is fit or 
        until the prohibition period expires.
            ``(5) A review by the Secretary, not later than 30 days 
        after an unfit driver requests a review, of the driver's 
        compliance with the requirements the driver failed to comply 
        with and that resulted in the Secretary determining that the 
        driver was not fit. The burden of proof shall be on the driver 
        to demonstrate fitness.
            ``(6) The eligibility criteria for reinstatement, including 
        the remedial measures the unfit driver must take for 
        reinstatement.''.

SEC. 605. UNIFORM ELECTRONIC CLEARANCE FOR COMMERCIAL MOTOR VEHICLE 
              INSPECTIONS.

    (a) In General.--Chapter 311 is amended by adding after section 
31109 the following:
``Sec. 31110. Withholding amounts for State noncompliance
    ``(a) First Fiscal Year.--Subject to criteria established by the 
Secretary of Transportation, the Secretary may withhold up to 50 
percent of the amount a State is otherwise eligible to receive under 
section 31102(b) on the first day of the fiscal year after the first 
fiscal year following the date of enactment of the Commercial Motor 
Vehicle Safety Enhancement Act of 2011 in which the State uses for at 
least 180 days an electronic commercial motor vehicle inspection 
selection system that does not employ a selection methodology approved 
by the Secretary.
    ``(b) Second Fiscal Year.--The Secretary shall withhold up to 75 
percent of the amount a State is otherwise eligible to receive under 
section 31102(b) on the first day of the fiscal year after the second 
fiscal year following the date of enactment of the Commercial Motor 
Vehicle Safety Enhancement Act of 2011 in which the State uses for at 
least 180 days an electronic commercial motor vehicle inspection 
selection system that does not employ a selection methodology approved 
by the Secretary.
    ``(c) Subsequent Availability of Withheld Funds.--The Secretary may 
make the amounts withheld under subsection (a) or subsection (b) 
available to the State if the Secretary determines that the State has 
substantially complied with the requirement described under subsection 
(a) or subsection (b) not later than 180 days after the beginning of 
the fiscal year in which amounts were withheld.''.
    (b) Conforming Amendment.--The analysis of chapter 311 is amended 
by inserting after the item relating to section 31109 the following:

``31110. Withholding amounts for State noncompliance.''.

SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

    Section 31104 is amended to read as follows:
``Sec. 31104. Availability of amounts
    ``(a) In General.--There are authorized to be appropriated from 
Highway Trust Fund (other than the Mass Transit Account) for Federal 
Motor Carrier Safety Administration programs the following:
            ``(1) Compliance, safety, and accountability grants under 
        section 31102.--
                    ``(A) $249,717,000 for fiscal year 2012, provided 
                that the Secretary shall set aside not less than 
                $168,388,000 to carry out the motor carrier safety 
                assistance program under section 31102(b); and
                    ``(B) $253,814,000 for fiscal year 2013, provided 
                that the Secretary shall set aside not less than 
                $171,813,000 to carry out the motor carrier safety 
                assistance program under section 31102(b).
            ``(2) Data and technology grants under section 31109.--
                    ``(A) $30,000,000 for fiscal year 2012; and
                    ``(B) $30,000,000 for fiscal year 2013.
            ``(3) Driver safety grants under section 31313.--
                    ``(A) $31,000,000 for fiscal year 2012; and
                    ``(B) $31,000,000 for fiscal year 2013.
            ``(4) Criteria.--The Secretary shall develop criteria to 
        allocate the remaining funds under paragraphs (1), (2), and (3) 
        for fiscal year 2013 and for each fiscal year thereafter not 
        later than April 1 of the prior fiscal year.
    ``(b) Availability and Reallocation of Amounts.--
            ``(1) Allocations and reallocations.--Amounts made 
        available under subsection (a)(1) remain available until 
        expended. Allocations to a State remain available for 
        expenditure in the State for the fiscal year in which they are 
        allocated and for the next fiscal year. Amounts not expended by 
        a State during those 2 fiscal years are released to the 
        Secretary for reallocation.
            ``(2) Redistribution of amounts.--The Secretary may, after 
        August 1 of each fiscal year, upon a determination that a State 
        does not qualify for funding under section 31102(b) or that the 
        State will not expend all of its existing funding, reallocate 
        the State's funding. In revising the allocation and 
        redistributing the amounts, the Secretary shall give preference 
        to those States that require additional funding to meet program 
        goals under section 31102(b).
            ``(3) Period of availability for data and technology 
        grants.--Amounts made available under subsection (a)(2) remain 
        available for obligation for the fiscal year and the next 2 
        years in which they are appropriated. Allocations remain 
        available for expenditure in the State for 5 fiscal years after 
        they were obligated. Amounts not expended by a State during 
        those 3 fiscal years are released to the Secretary for 
        reallocation.
            ``(4) Period of availability for driver safety grants.--
        Amounts made available under subsection (a)(3) of this section 
        remain available for obligation for the fiscal year and the 
        next fiscal year in which they are appropriated. Allocations to 
        a State remain available for expenditure in the State for the 
        fiscal year in which they are allocated and for the following 2 
        fiscal years. Amounts not expended by a State during those 3 
        fiscal years are released to the Secretary for reallocation.
            ``(5) Reallocation.--The Secretary, upon a request by a 
        State, may reallocate grant funds previously awarded to the 
        State under a grant program authorized by section 31102, 31109, 
        or 31313 to another grant program authorized by those sections 
        upon a showing by the State that it is unable to expend the 
        funds within the 12 months prior to their expiration provided 
        that the State agrees to expend the funds within the remaining 
        period of expenditure.
    ``(c) Grants as Contractual Obligations.--Approval by the Secretary 
of a grant under sections 31102, 31109, and 31313 is a contractual 
obligation of the Government for payment of the Government's share of 
costs incurred in developing and implementing programs to improve 
commercial motor vehicle safety and enforce commercial driver's license 
regulations, standards, and orders.
    ``(d) Deduction for Administrative Expenses.--
            ``(1) In general.--On October 1 of each fiscal year or as 
        soon after that as practicable, the Secretary may deduct, from 
        amounts made available under--
                    ``(A) subsection (a)(1) for that fiscal year, not 
                more than 1.5 percent of those amounts for 
                administrative expenses incurred in carrying out 
                section 31102 in that fiscal year;
                    ``(B) subsection (a)(2) for that fiscal year, not 
                more than 1.4 percent of those amounts for 
                administrative expenses incurred in carrying out 
                section 31109 in that fiscal year; and
                    ``(C) subsection (a)(3) for that fiscal year, not 
                more than 1.4 percent of those amounts for 
                administrative expenses incurred in carrying out 
                section 31313 in that fiscal year.
            ``(2) Training.--The Secretary may use at least 50 percent 
        of the amounts deducted from the amounts made available under 
        sections (a)(1) and (a)(3) to train non-Government employees 
        and to develop related training materials to carry out sections 
        31102, 31311, and 31313 of this title.
            ``(3) Contracts.--The Secretary may use amounts deducted 
        under paragraph (1) to enter into contracts and cooperative 
        agreements with States, local governments, associations, 
        institutions, corporations, and other persons, if the Secretary 
        determines the contracts and cooperative agreements are cost-
        effective, benefit multiple jurisdictions of the United States, 
        and enhance safety programs and related enforcement activities.
    ``(e) Allocation Criteria and Eligibility.--
            ``(1) On October 1 of each fiscal year or as soon as 
        practicable after that date after making the deduction under 
        subsection (d)(1)(A), the Secretary shall allocate amounts made 
        available to carry out section 31102(b) for such fiscal year 
        among the States with plans approved under that section. 
        Allocation shall be made under the criteria prescribed by the 
        Secretary.
            ``(2) On October 1 of each fiscal year or as soon as 
        practicable after that date and after making the deduction 
        under subsection (d)(1)(B) or (d)(1)(C), the Secretary shall 
        allocate amounts made available to carry out sections 31109(a) 
        and 31313(b)(1).
    ``(f) Intrastate Compatibility.--The Secretary shall prescribe 
regulations specifying tolerance guidelines and standards for ensuring 
compatibility of intrastate commercial motor vehicle safety laws and 
regulations with Government motor carrier safety regulations to be 
enforced under section 31102(b). To the extent practicable, the 
guidelines and standards shall allow for maximum flexibility while 
ensuring a degree of uniformity that will not diminish transportation 
safety. In reviewing State plans and allocating amounts or making 
grants under section 153 of title 23, United States Code, the Secretary 
shall ensure that the guidelines and standards are applied uniformly.
    ``(g) Withholding Amounts for State Noncompliance.--
            ``(1) In general.--Subject to criteria established by the 
        Secretary, the Secretary may withhold up to 100 percent of the 
        amounts a State is otherwise eligible to receive under section 
        31102(b) on October 1 of each fiscal year beginning after the 
        date of enactment of the Commercial Motor Vehicle Safety 
        Enhancement Act of 2011 and continuing for the period that the 
        State does not comply substantially with a requirement under 
        section 31109(b).
            ``(2) Subsequent availability of withheld funds.--The 
        Secretary may make the amounts withheld in accordance with 
        paragraph (1) available to a State if the Secretary determines 
        that the State has substantially complied with a requirement 
        under section 31109(b) not later than 180 days after the 
        beginning of the fiscal year in which the amounts are withheld.
    ``(h) Administrative Expenses.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated from the Highway Trust Fund 
        (other than the Mass Transit Account) for the Secretary to pay 
        administrative expenses of the Federal Motor Carrier Safety 
        Administration--
                    ``(A) $250,819,000 for fiscal year 2012; and
                    ``(B) $248,523,000 for fiscal year 2013.
            ``(2) Use of funds.--The funds authorized by this 
        subsection shall be used for personnel costs, administrative 
        infrastructure, rent, information technology, programs for 
        research and technology, information management, regulatory 
        development, the administration of the performance and 
        registration information system management, outreach and 
        education, other operating expenses, and such other expenses as 
        may from time to time be necessary to implement statutory 
        mandates of the Administration not funded from other sources.
    ``(i) Availability of Funds.--
            ``(1) Period of availability.--The amounts made available 
        under this section shall remain available until expended.
            ``(2) Initial date of availability.--Authorizations from 
        the Highway Trust Fund (other than the Mass Transit Account) 
        for this section shall be available for obligation on the date 
        of their apportionment or allocation or on October 1 of the 
        fiscal year for which they are authorized, whichever occurs 
        first.''.

SEC. 607. HIGH RISK CARRIER REVIEWS.

    (a) High Risk Carrier Reviews.--Section 31104(h), as amended by 
section 606 of this Act, is amended by adding at the end of paragraph 
(2) the following:
    ``From the funds authorized by this subsection, the Secretary shall 
ensure that a review is completed on each motor carrier that 
demonstrates through performance data that it poses the highest safety 
risk. At a minimum, a review shall be conducted whenever a motor 
carrier is among the highest risk carriers for 2 consecutive months.''.
    (b) Conforming Amendment.--Section 4138 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users (49 
U.S.C. 31144 note) is repealed.

SEC. 608. DATA AND TECHNOLOGY GRANTS.

    (a) In General.--Section 31109 is amended to read as follows:
``Sec. 31109. Data and technology grants
    ``(a) General Authority.--The Secretary of Transportation shall 
establish and administer a data and technology grant program to assist 
the States with the implementation and maintenance of data systems. The 
Secretary shall allocate the funds in accordance with section 31104.
    ``(b) Performance Goals.--The Secretary may make a grant to a State 
to implement the performance and registration information system 
management requirements of section 31106(b) to develop, implement, and 
maintain commercial vehicle information systems and networks, and other 
innovative technologies that the Secretary determines improve 
commercial motor vehicle safety.
    ``(c) Eligibility.--To be eligible for a grant to implement the 
requirements of section 31106(b), the State shall design a program 
that--
            ``(1) links Federal motor carrier safety information 
        systems with the State's motor carrier information systems;
            ``(2) determines the safety fitness of a motor carrier or 
        registrant when licensing or registering the registrant or 
        motor carrier or while the license or registration is in 
        effect; and
            ``(3) denies, suspends, or revokes the commercial motor 
        vehicle registrations of a motor carrier or registrant that was 
        issued an operations out-of-service order by the Secretary.
    ``(d) Required Participation.--The Secretary shall require States 
that participate in the program under section 31106 to--
            ``(1) comply with the uniform policies, procedures, and 
        technical and operational standards prescribed by the Secretary 
        under section 31106(b);
            ``(2) possess or seek the authority to possess for a time 
        period not longer than determined reasonable by the Secretary, 
        to impose sanctions relating to commercial motor vehicle 
        registration on the basis of a Federal safety fitness 
        determination; and
            ``(3) establish and implement a process to cancel the motor 
        vehicle registration and seize the registration plates of a 
        vehicle when an employer is found liable under section 
        31310(j)(2)(C) for knowingly allowing or requiring an employee 
        to operate such a commercial motor vehicle in violation of an 
        out of service order.
    ``(e) Federal Share.--The total Federal share of the cost of a 
project payable from all eligible Federal sources shall be at least 80 
percent.''.
    (b) Conforming Amendment.--The analysis of chapter 311 is amended 
by striking the item relating to section 31109 and inserting the 
following:

``31109. Data and technology grants.''.

SEC. 609. DRIVER SAFETY GRANTS.

    (a) Driver Focused Grant Program.--Section 31313 is amended to read 
as follows:
``Sec. 31313. Driver safety grants
    ``(a) General Authority.--The Secretary shall make and administer a 
driver focused grant program to assist the States, local governments, 
entities, and other persons with commercial driver's license systems, 
programs, training, fraud detection, reporting of violations and other 
programs required to improve the safety of drivers as the Federal Motor 
Carrier Safety Administration deems critical. The Secretary shall 
allocate the funds for the program in accordance with section 31104.
    ``(b) Commercial Driver's License Program Improvement Grants.--
            ``(1) Program goal.--The Secretary of Transportation may 
        make a grant to a State in a fiscal year--
                    ``(A) to comply with the requirements of section 
                31311;
                    ``(B) in the case of a State that is making a good 
                faith effort toward substantial compliance with the 
                requirements of this section and section 31311, to 
                improve its implementation of its commercial driver's 
                license program;
                    ``(C) for research, development demonstration 
                projects, public education, and other special 
                activities and projects relating to commercial driver 
                licensing and motor vehicle safety that are of benefit 
                to all jurisdictions of the United States or are 
                designed to address national safety concerns and 
                circumstances;
                    ``(D) for commercial driver's license program 
                coordinators;
                    ``(E) to implement or maintain a system to notify 
                an employer of an operator of a commercial motor 
                vehicle of the suspension or revocation of the 
                operator's commercial driver's license consistent with 
                the standards developed under section 304(b) of the 
                Commercial Motor Vehicle Safety Enhancement Act of 
                2011; or
                    ``(F) to train operators of commercial motor 
                vehicles, as defined under section 31301, and to train 
                operators and future operators in the safe use of such 
                vehicles. Funding priority for this discretionary grant 
                program shall be to regional or multi-state educational 
                or nonprofit associations serving economically 
                distressed regions of the United States.
            ``(2) Priority.--The Secretary shall give priority, in 
        making grants under paragraph (1)(B), to a State that will use 
        the grants to achieve compliance with the requirements of the 
        Motor Carrier Safety Improvement Act of 1999 (113 Stat. 1748), 
        including the amendments made by the Commercial Motor Vehicle 
        Safety Enhancement Act of 2011.
            ``(3) Recipients.--The Secretary may allocate grants to 
        State agencies, local governments, and other persons for 
        carrying out activities and projects that improve commercial 
        driver's license safety and compliance with commercial driver's 
        license and commercial motor vehicle safety regulations in 
        accordance with the program goals under paragraph (1) and that 
        train operators on commercial motor vehicles. The Secretary may 
        make a grant to a State to comply with section 31311 for 
        commercial driver's license program coordinators and for 
        notification systems.
            ``(4) Federal share.--The Federal share of a grant made 
        under this program shall be at least 80 percent, except that 
        the Federal share of grants for commercial driver license 
        program coordinators and training commercial motor vehicle 
        operators shall be 100 percent.''.
    (b) Conforming Amendment.--The analysis of chapter 313 is amended 
by striking the item relating to section 31313 and inserting the 
following:

``31313. Driver safety grants.''.

SEC. 610. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives that 
includes--
            (1) established time frames and milestones for resuming the 
        Commercial Vehicle Information Systems and Networks Program; 
        and
            (2) a strategic workforce plan for its grants management 
        office to ensure that it has determined the skills and 
        competencies that are critical to achieving its mission goals.

           TITLE VII--MOTORCOACH ENHANCED SAFETY ACT OF 2011

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Motorcoach Enhanced Safety Act of 
2011''.

SEC. 702. DEFINITIONS.

    In this Act:
            (1) Advanced glazing.--The term ``advanced glazing'' means 
        glazing installed in a portal on the side or the roof of a 
        motorcoach that is designed to be highly resistant to partial 
        or complete occupant ejection in all types of motor vehicle 
        crashes.
            (2) Bus.--The term ``bus'' has the meaning given the term 
        in section 571.3(b) of title 49, Code of Federal Regulations 
        (as in effect on the day before the date of enactment of this 
        Act).
            (3) Commercial motor vehicle.--Except as otherwise 
        specified, the term ``commercial motor vehicle'' has the 
        meaning given the term in section 31132(1) of title 49, United 
        States Code.
            (4) Direct tire pressure monitoring system.--The term 
        ``direct tire pressure monitoring system'' means a tire 
        pressure monitoring system that is capable of directly 
        detecting when the air pressure level in any tire is 
        significantly under-inflated and providing the driver a low 
        tire pressure warning as to which specific tire is 
        significantly under-inflated.
            (5) Electronic on-board recorder.--The term ``electronic 
        on-board recorder'' means an electronic device that acquires 
        and stores data showing the record of duty status of the 
        vehicle operator and performs the functions required of an 
        automatic on-board recording device in section 395.15(b) of 
        title 49, Code of Federal Regulations.
            (6) Event data recorder.--The term ``event data recorder'' 
        has the meaning given that term in section 563.5 of title 49, 
        Code of Federal Regulations.
            (7) Motor carrier.--The term ``motor carrier'' means--
                    (A) a motor carrier (as defined in section 
                13102(14) of title 49, United States Code); or
                    (B) a motor private carrier (as defined in section 
                13102(15) of that title).
            (8) Motorcoach.--The term ``motorcoach'' has the meaning 
        given the term ``over-the-road bus'' in section 3038(a)(3) of 
        the Transportation Equity Act for the 21st Century (49 U.S.C. 
        5310 note), but does not include--
                    (A) a bus used in public transportation provided 
                by, or on behalf of, a public transportation agency; or
                    (B) a school bus, including a multifunction school 
                activity bus.
            (9) Motorcoach services.--The term ``motorcoach services'' 
        means passenger transportation by motorcoach for compensation.
            (10) Multifunction school activity bus.--The term 
        ``multifunction school activity bus'' has the meaning given the 
        term in section 571.3(b) of title 49, Code of Federal 
        Regulations (as in effect on the day before the date of 
        enactment of this Act).
            (11) Portal.--The term ``portal'' means any opening on the 
        front, side, rear, or roof of a motorcoach that could, in the 
        event of a crash involving the motorcoach, permit the partial 
        or complete ejection of any occupant from the motorcoach, 
        including a young child.
            (12) Provider of motorcoach services.--The term ``provider 
        of motorcoach services'' means a motor carrier that provides 
        passenger transportation services with a motorcoach, including 
        per-trip compensation and contracted or chartered compensation.
            (13) Public transportation.--The term ``public 
        transportation'' has the meaning given the term in section 5302 
        of title 49, United States Code.
            (14) Safety belt.--The term ``safety belt'' has the meaning 
        given the term in section 153(i)(4)(B) of title 23, United 
        States Code.
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 703. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION, PASSENGER 
              EVACUATION, AND CRASH AVOIDANCE.

    (a) Regulations Required Within 1 Year.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall prescribe 
regulations requiring safety belts to be installed in motorcoaches at 
each designated seating position.
    (b) Regulations Required Within 2 Years.--Not later than 2 years 
after the date of enactment of this Act, the Secretary shall prescribe 
the following commercial motor vehicle regulations:
            (1) Roof strength and crush resistance.--The Secretary 
        shall establish improved roof and roof support standards for 
        motorcoaches that substantially improve the resistance of 
        motorcoach roofs to deformation and intrusion to prevent 
        serious occupant injury in rollover crashes involving 
        motorcoaches.
            (2) Anti-ejection safety countermeasures.--The Secretary 
        shall require advanced glazing to be installed in each 
        motorcoach portal and shall consider other portal improvements 
        to prevent partial and complete ejection of motorcoach 
        passengers, including children. In prescribing such standards, 
        the Secretary shall consider the impact of such standards on 
        the use of motorcoach portals as a means of emergency egress.
            (3) Rollover crash avoidance.--The Secretary shall require 
        motorcoaches to be equipped with stability enhancing 
        technology, such as electronic stability control and torque 
        vectoring, to reduce the number and frequency of rollover 
        crashes among motorcoaches.
    (c) Commercial Motor Vehicle Tire Pressure Monitoring Systems.--Not 
later than 3 years after the date of enactment of this Act, the 
Secretary shall prescribe the following commercial vehicle regulation:
            (1) In general.--The Secretary shall require motorcoaches 
        to be equipped with direct tire pressure monitoring systems 
        that warn the operator of a commercial motor vehicle when any 
        tire exhibits a level of air pressure that is below a specified 
        level of air pressure established by the Secretary.
            (2) Performance requirements.--The regulation prescribed by 
        the Secretary under this subsection shall include performance 
        requirements to ensure that direct tire pressure monitoring 
        systems are capable of--
                    (A) providing a warning to the driver when 1 or 
                more tires are underinflated;
                    (B) activating in a specified time period after the 
                underinflation is detected; and
                    (C) operating at different vehicle speeds.
    (d) Application of Regulations.--
            (1) New motorcoaches.--Any regulation prescribed in 
        accordance with subsection (a), (b), or (c) shall apply to all 
        motorcoaches manufactured more than 2 years after the date on 
        which the regulation is published as a final rule.
            (2) Retrofit requirements for existing motorcoaches.--
                    (A) In general.--The Secretary may, by regulation, 
                provide for the application of any requirement 
                established under subsection (a) or (b)(2) to 
                motorcoaches manufactured before the date on which the 
                requirement applies to new motorcoaches under paragraph 
                (1) based on an assessment of the feasibility, 
                benefits, and costs of retrofitting the older 
                motorcoaches.
                    (B) Assessment.--The Secretary shall complete an 
                assessment with respect to safety belt retrofits not 
                later than 1 year after the date of enactment of this 
                Act and with respect to anti-ejection countermeasure 
                retrofits not later than 2 years after the date of 
                enactment of this Act.
    (e) Failure To Meet Deadline.--If the Secretary determines that a 
final rule cannot be issued before the deadline established under this 
section, the Secretary shall--
            (1) submit a report to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Energy 
        and Commerce of the House of Representatives that explains why 
        the deadline cannot be met; and
            (2) establish a new deadline for the issuance of the final 
        rule.

SEC. 704. STANDARDS FOR IMPROVED FIRE SAFETY.

    (a) Evaluations.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall initiate the following 
rulemaking proceedings:
            (1) Flammability standard for exterior components.--The 
        Secretary shall establish requirements for fire hardening or 
        fire resistance of motorcoach exterior components to prevent 
        fire and smoke inhalation injuries to occupants.
            (2) Smoke suppression.--The Secretary shall update Federal 
        Motor Vehicle Safety Standard Number 302 (49 C.F.R. 571.302; 
        relating to flammability of interior materials) to improve the 
        resistance of motorcoach interiors and components to burning 
        and permit sufficient time for the safe evacuation of 
        passengers from motorcoaches.
            (3) Prevention of, and resistance to, wheel well fires.--
        The Secretary shall establish requirements--
                    (A) to prevent and mitigate the propagation of 
                wheel well fires into the passenger compartment; and
                    (B) to substantially reduce occupant deaths and 
                injuries from such fires.
            (4) Automatic fire suppression.--The Secretary shall 
        establish requirements for motorcoaches to be equipped with 
        highly effective fire suppression systems that automatically 
        respond to and suppress all fires in such motorcoaches.
            (5) Passenger evacuation.--The Secretary shall establish 
        requirements for motorcoaches to be equipped with--
                    (A) improved emergency exit window, door, roof 
                hatch, and wheelchair lift door designs to expedite 
                access and use by passengers of motorcoaches under all 
                emergency circumstances, including crashes and fires; 
                and
                    (B) emergency interior lighting systems, including 
                luminescent or retroreflectorized delineation of 
                evacuation paths and exits, which are triggered by a 
                crash or other emergency incident to accomplish more 
                rapid and effective evacuation of passengers.
            (6) Causation and prevention of motorcoach fires.--The 
        Secretary shall examine the principle causes of motorcoach 
        fires and vehicle design changes intended to reduce the number 
        of motorcoach fires resulting from those principle causes.
    (b) Deadline.--Not later than 42 months after the date of enactment 
of this Act, the Secretary shall--
            (1) issue final rules in accordance with subsection (a); or
            (2) if the Secretary determines that any standard is not 
        warranted based on the requirements and considerations set 
        forth in subsection (a) and (b) of section 30111 of title 49, 
        United States Code, submit a report that describes the reasons 
        for not prescribing such a standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.
    (c) Tire Performance Standard.--Not later than 3 years after the 
date of enactment of this Act, the Secretary shall--
            (1) issue a final rule upgrading performance standards for 
        tires used on motorcoaches, including an enhanced endurance 
        test and a new high-speed performance test; or
            (2) if the Secretary determines that a standard is not 
        warranted based on the requirements and considerations set 
        forth in subsections (a) and (b) of section 30111 of title 49, 
        United States Code, submit a report that describes the reasons 
        for not prescribing such a standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.

SEC. 705. OCCUPANT PROTECTION, COLLISION AVOIDANCE, FIRE CAUSATION, AND 
              FIRE EXTINGUISHER RESEARCH AND TESTING.

    (a) Safety Research Initiatives.--Not later than 2 years after the 
date of enactment of this Act, the Secretary shall complete the 
following research and testing:
            (1) Improved fire extinguishers.--The Secretary shall 
        research and test the need to install improved fire 
        extinguishers or other readily available firefighting equipment 
        in motorcoaches to effectively extinguish fires in motorcoaches 
        and prevent passenger deaths and injuries.
            (2) Interior impact protection.--The Secretary shall 
        research and test enhanced occupant impact protection standards 
        for motorcoach interiors to reduce substantially serious 
        injuries for all passengers of motorcoaches.
            (3) Compartmentalization safety countermeasures.--The 
        Secretary shall require enhanced compartmentalization safety 
        countermeasures for motorcoaches, including enhanced seating 
        designs, to substantially reduce the risk of passengers being 
        thrown from their seats and colliding with other passengers, 
        interior surfaces, and components in the event of a crash 
        involving a motorcoach.
            (4) Collision avoidance systems.--The Secretary shall 
        research and test forward and lateral crash warning systems 
        applications for motorcoaches.
    (b) Rulemaking.--Not later than 2 years after the completion of 
each research and testing initiative required under subsection (a), the 
Secretary shall issue final motor vehicle safety standards if the 
Secretary determines that such standards are warranted based on the 
requirements and considerations set forth in section subsections (a) 
and (b) of section 30111 of title 49, United States Code.

SEC. 706. MOTORCOACH REGISTRATION.

    (a) Registration Requirements.--Section 13902(b) is amended--
            (1) by redesignating paragraphs (1) through (8) as 
        paragraphs (5) through (12), respectively; and
            (2) by inserting before paragraph (5), as redesignated, the 
        following:
            ``(1) Additional registration requirements for providers or 
        motorcoach services.--In addition to meeting the requirements 
        under subsection (a)(1), the Secretary may not register a 
        person to provide motorcoach services until after the person--
                    ``(A) undergoes a preauthorization safety audit, 
                including verification, in a manner sufficient to 
                demonstrate the ability to comply with Federal rules 
                and regulations, of--
                            ``(i) a drug and alcohol testing program 
                        under part 40 of title 49, Code of Federal 
                        Regulations;
                            ``(ii) the carrier's system of compliance 
                        with hours-of-service rules, including hours-
                        of-service records;
                            ``(iii) the ability to obtain required 
                        insurance;
                            ``(iv) driver qualifications, including the 
                        validity of the commercial driver's license of 
                        each driver who will be operating under such 
                        authority;
                            ``(v) disclosure of common ownership, 
                        common control, common management, common 
                        familial relationship, or other corporate 
                        relationship with another motor carrier or 
                        applicant for motor carrier authority during 
                        the past 3 years;
                            ``(vi) records of the State inspections, or 
                        of a Level I or V Commercial Vehicle Safety 
                        Alliance Inspection, for all vehicles that will 
                        be operated by the carrier;
                            ``(vii) safety management programs, 
                        including vehicle maintenance and repair 
                        programs; and
                            ``(viii) the ability to comply with the 
                        Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12101 et seq.), and the Over-the-Road 
                        Bus Transportation Accessibility Act of 2007 
                        (122 Stat. 2915);
                    ``(B) has been interviewed to review safety 
                management controls and the carrier's written safety 
                oversight policies and practices; and
                    ``(C) through the successful completion of a 
                written examination developed by the Secretary, has 
                demonstrated proficiency to comply with and carry out 
                the requirements and regulations described in 
                subsection (a)(1).
            ``(2) Pre-authorization safety audit.--The pre-
        authorization safety audit required under paragraph (1)(A) 
        shall be completed on-site not later than 90 days following the 
        submission of an application for operating authority.
            ``(3) Fee.--The Secretary may establish, under section 9701 
        of title 31, a fee of not more than $1,200 for new registrants 
        that as nearly as possible covers the costs of performing a 
        preauthorization safety audit. Amounts collected under this 
        subsection shall be deposited in the Highway Trust Fund (other 
        than the Mass Transit Account).''.
    (b) Safety Reviews of New Operators.--Section 31144(g)(1) is 
amended by inserting ``transporting property'' after ``each operator''.
    (c) Conforming Amendment.--Section 24305(a)(3)(A)(i) is amended by 
striking ``section 13902(b)(8)(A)'' and inserting ``section 
13902(b)(12)(A)''.
    (d) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of enactment of this Act.

SEC. 707. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE PROVIDERS.

    Section 31144, as amended by sections 204 and 604 of this Act, is 
amended by adding at the end the following:
    ``(j) Periodic Safety Reviews of Providers of Motorcoach 
Services.--
            ``(1) Safety review.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) determine the safety fitness of all 
                        providers of motorcoach services registered 
                        with the Federal Motor Carrier Safety 
                        Administration; and
                            ``(ii) assign a safety fitness rating to 
                        each such provider.
                    ``(B) Applicability.--Subparagraph (A) shall 
                apply--
                            ``(i) to any provider of motorcoach 
                        services registered with the Administration 
                        after the date of enactment of the Motorcoach 
                        Enhanced Safety Act of 2011 beginning not later 
                        than 2 years after the date of such 
                        registration; and
                            ``(ii) to any provider of motorcoach 
                        services registered with the Administration on 
                        or before the date of enactment of that Act 
                        beginning not later than 3 years after the date 
                        of enactment of that Act.
            ``(2) Periodic review.--The Secretary shall establish, by 
        regulation, a process for monitoring the safety performance of 
        each provider of motorcoach services on a regular basis 
        following the assignment of a safety fitness rating, including 
        progressive intervention to correct unsafe practices.
            ``(3) Enforcement strike forces.--In addition to the 
        enhanced monitoring and enforcement actions required under 
        paragraph (2), the Secretary may organize special enforcement 
        strike forces targeting providers of motorcoach services.
            ``(4) Periodic update of safety fitness rating.--In 
        conducting the safety reviews required under this subsection, 
        the Secretary shall reassess the safety fitness rating of each 
        provider not less frequently than once every 3 years.
            ``(5) Motorcoach services defined.--In this subsection, the 
        term `provider of motorcoach services' has the meaning given 
        such term in section 702 of the Motorcoach Enhanced Safety Act 
        of 2011.''.

SEC. 708. REPORT ON FEASIBILITY, BENEFITS, AND COSTS OF ESTABLISHING A 
              SYSTEM OF CERTIFICATION OF TRAINING PROGRAMS.

    Not later than 2 years after the date of the enactment of this Act, 
the Secretary shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives that 
describes the feasibility, benefits, and costs of establishing a system 
of certification of public and private schools and of motor carriers 
and motorcoach operators that provide motorcoach driver training.

SEC. 709. REPORT ON DRIVER'S LICENSE REQUIREMENTS FOR 9- TO 15-
              PASSENGER VANS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives that examines requiring all or certain classes of 
drivers operating a vehicle, which is designed or used to transport not 
fewer than 9 and not more than 15 passengers (including a driver) in 
interstate commerce, to have a commercial driver's license passenger-
carrying endorsement and be tested in accordance with a drug and 
alcohol testing program under part 40 of title 49, Code of Federal 
Regulations.
    (b) Considerations.--In developing the report under subsection (a), 
the Secretary shall consider--
            (1) the safety benefits of the requirement described in 
        subsection (a);
            (2) the scope of the population that would be impacted by 
        such requirement;
            (3) the cost to the Federal Government and State 
        governments to meet such requirement; and
            (4) the impact on safety benefits and cost from limiting 
        the application of such requirement to certain drivers of such 
        vehicles, such as drivers who are compensated for driving.

SEC. 710. EVENT DATA RECORDERS.

    (a) Evaluation.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, after considering the performance 
requirements for event data recorders for passenger vehicles under part 
563 of title 49, Code of Federal Regulations, shall complete an 
evaluation of event data recorders, including requirements regarding 
specific types of vehicle operations, events and incidents, and systems 
information to be recorded, for event data recorders to be used on 
motorcoaches used by motor carriers in interstate commerce.
    (b) Standards and Regulations.--Not later than 2 years after 
completing the evaluation required under subsection (a), the Secretary 
shall issue standards and regulations based on the results of that 
evaluation.

SEC. 711. SAFETY INSPECTION PROGRAM FOR COMMERCIAL MOTOR VEHICLES OF 
              PASSENGERS.

    Not later than 3 years after the date of enactment of this Act, the 
Secretary shall complete a rulemaking proceeding to consider requiring 
States to conduct annual inspections of commercial motor vehicles 
designed or used to transport passengers, including an assessment of--
            (1) the risks associated with improperly maintained or 
        inspected commercial motor vehicles designed or used to 
        transport passengers;
            (2) the effectiveness of existing Federal standards for the 
        inspection of such vehicles in--
                    (A) mitigating the risks described in paragraph 
                (1); and
                    (B) ensuring the safe and proper operation 
                condition of such vehicles; and
            (3) the costs and benefits of a mandatory State inspection 
        program.

SEC. 712. DISTRACTED DRIVING.

    (a) In General.--Chapter 311, as amended by sections 113, 508, and 
512 of this Act, is amended by adding after section 31154 the 
following:
``Sec. 31155. Regulation of the use of distracting devices in 
              motorcoaches
    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Motorcoach Enhanced Safety Act of 2011, the Secretary 
of Transportation shall prescribe regulations on the use of electronic 
or wireless devices, including cell phones and other distracting 
devices, by an individual employed as the operator of a motorcoach (as 
defined in section 702 of that Act).
    ``(b) Basis for Regulations.--The Secretary shall base the 
regulations prescribed under subsection (a) on accident data analysis, 
the results of ongoing research, and other information, as appropriate.
    ``(c) Prohibited Use.--Except as provided under subsection (d), the 
Secretary shall prohibit the use of the devices described in subsection 
(a) in circumstances in which the Secretary determines that their use 
interferes with a driver's safe operation of a motorcoach.
    ``(d) Permitted Use.--The Secretary may permit the use of a device 
that is otherwise prohibited under subsection (c) if the Secretary 
determines that such use is necessary for the safety of the driver or 
the public in emergency circumstances.''.
    (b) Conforming Amendment.--The analysis for chapter 311 is amended 
by inserting after the item relating to section 31154 the following:

``31155. Regulation of the use of distracting devices in 
                            motorcoaches.''.

SEC. 713. REGULATIONS.

    Any standard or regulation prescribed or modified pursuant to the 
Motorcoach Enhanced Safety Act of 2011 shall be prescribed or modified 
in accordance with section 553 of title 5, United States Code.

       TITLE VIII--SAFE HIGHWAYS AND INFRASTRUCTURE PRESERVATION

SEC. 801. COMPREHENSIVE TRUCK SIZE AND WEIGHT LIMITS STUDY.

    (a) Truck Size and Weight Limits Study.--Not later than 90 days 
after the date of enactment of this Act, the Secretary, in consultation 
with each relevant State and other applicable Federal agencies, shall 
commence a comprehensive truck size and weight limits study. The study 
shall--
            (1) provide data on accident frequency and factors related 
        to accident risk of each route of the National Highway System 
        in each State that allows a vehicle to operate with size and 
        weight limits that are in excess of the Federal law and 
        regulations and its correlation to truck size and weight 
        limits;
            (2) evaluate the impacts to the infrastructure of each 
        route of the National Highway System in each State that allows 
        a vehicle to operate with size and weight limits that are in 
        excess of the Federal law and regulations, including--
                    (A) an analysis that quantifies the cost of the 
                impacts in dollars;
                    (B) an analysis of the percentage of trucks 
                operating in excess of the Federal size and weight 
                limits; and
                    (C) an analysis that examines the ability of each 
                State to recover the cost for the impacts;
            (3) evaluate the impacts and frequency of violations in 
        excess of the Federal size and weight law and regulations to 
        determine the cost of the enforcement of the law and 
        regulations, and the effectiveness of the enforcement methods;
            (4) examine the relationship between truck performance and 
        crash involvement and its correlation to Federal size and 
        weight limits;
            (5) assess the impacts that truck size and weight limits in 
        excess of the Federal law and regulations have in the risk of 
        bridge failure contributing to the structural deficiencies of 
        bridges or in the useful life of a bridge;
            (6) analyze the impacts on safety and infrastructure in 
        each State that allows a truck to operate in excess of Federal 
        size and weight limitations in truck-only lanes; and
            (7) compare and contrast the safety and infrastructure 
        impacts of the Federal limits regarding truck size and weight 
        limits in relation to--
                    (A) six-axle and other alternative configurations 
                of tractor-trailers; and
                    (B) safety records of foreign nations with truck 
                size and weight limits and tractor-trailer 
                configurations that differ from the Federal law and 
                regulations.
    (b) Report.--Not later than 2 years after the date that the study 
is commenced under subsection (a), the Secretary shall submit a final 
report on the study, including all findings and recommendations, to the 
Committee on Commerce, Science, and Transportation and the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.

SEC. 802. COMPILATION OF EXISTING STATE TRUCK SIZE AND WEIGHT LIMIT 
              LAWS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with the States, shall 
begin to compile--
            (1) a list for each State, as applicable, that describes 
        each route of the National Highway System that allows a vehicle 
        to operate in excess of the Federal truck size and weight 
        limits that--
                    (A) was authorized under State law on or before the 
                date of enactment of this Act; and
                    (B) was in actual and lawful operation on a regular 
                or periodic basis (including seasonal operations) on or 
                before the date of enactment of this Act;
            (2) a list for each State, as applicable, that describes--
                    (A) the size and weight limitations applicable to 
                each segment of the National Highway System in that 
                State as listed under paragraph (1);
                    (B) each combination that exceeds the Interstate 
                weight limit, but that the Department of 
                Transportation, other Federal agency, or a State agency 
                has determined on or before the date of enactment of 
                this Act, could be or could have been lawfully operated 
                in the State; and
                    (C) each combination that exceeds the Interstate 
                weight limit, but that the Secretary determines could 
                have been lawfully operated on a non-Interstate segment 
                of the National Highway System in the State on or 
                before the date of enactment of this Act; and
            (3) a list of each State law that designates or allows 
        designation of size and weight limitations in excess of Federal 
        law and regulations on routes of the National Highway System, 
        including nondivisible loads.
    (b) Specifications.--The Secretary, in consultation with the 
States, shall specify whether the determinations under paragraphs (1) 
and (2) of subsection (a) were made by the Department of 
Transportation, other Federal agency, or a State agency.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit a final report of the compilation 
under subsection (a) to the Committee on Commerce, Science, and 
Transportation and the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives.

                        TITLE IX--MISCELLANEOUS

SEC. 901. DETENTION TIME STUDY.

    (a) Study.--Not later than 30 days after the date of enactment of 
this Act, the Secretary shall task the Motor Carrier Safety Advisory 
Committee to study the extent to which detention time contributes to 
drivers violating hours of service requirements and driver fatigue. In 
conducting this study, the Committee shall--
            (1) examine data collected from driver and vehicle 
        inspections;
            (2) consult with--
                    (A) motor carriers and drivers, shippers, and 
                representatives of ports and other facilities where 
                goods are loaded and unloaded;
                    (B) government officials; and
                    (C) other parties as appropriate; and
            (3) provide recommendations to the Secretary for addressing 
        issues identified in the study.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall provide a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
that includes recommendations for legislation and for addressing the 
results of the study.

SEC. 902. PROHIBITION OF COERCION.

    Section 31136(a) is amended by--
            (1) striking ``and'' at the end of paragraph (3);
            (2) striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) adding after subsection (4) the following:
            ``(5) an operator of a commercial motor vehicle is not 
        coerced by a motor carrier, shipper, receiver, or 
        transportation intermediary to operate a commercial motor 
        vehicle in violation of a regulation promulgated under this 
        section, or chapter 51 or chapter 313 of this title.''.

SEC. 903. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

    (a) Membership.--Section 4144(b)(1) of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users (49 
U.S.C. 31100 note) is amended by inserting ``nonprofit employee labor 
organizations representing commercial motor vehicle drivers,'' after 
``industry,''.
    (b) Termination Date.--Section 4144(d) of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users (49 
U.S.C. 31100 note) is amended by striking ``March 31, 2012'' and 
inserting ``September 30, 2013''.

SEC. 904. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS.

    (a) Waiver Standards.--Section 31315(a) is amended--
            (1) by inserting ``and'' at the end of paragraph (2);
            (2) by striking paragraph (3); and
            (3) redesignating paragraph (4) as paragraph (3).
    (b) Exemption Standards.--Section 31315(b)(4) is amended--
            (1) in subparagraph (A), by inserting ``(or, in the case of 
        a request for an exemption from the physical qualification 
        standards for commercial motor vehicle drivers, post on a web 
        site established by the Secretary to implement the requirements 
        of section 31149)'' after ``Federal Register'';
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) Upon granting a request.--Upon granting a 
                request and before the effective date of the exemption, 
                the Secretary shall publish in the Federal Register 
                (or, in the case of an exemption from the physical 
                qualification standards for commercial motor vehicle 
                drivers, post on a web site established by the 
                Secretary to implement the requirements of section 
                31149) the name of the person granted the exemption, 
                the provisions from which the person is exempt, the 
                effective period, and the terms and conditions of the 
                exemption.''; and
            (3) in subparagraph (C), by inserting ``(or, in the case of 
        a request for an exemption from the physical qualification 
        standards for commercial motor vehicle drivers, post on a web 
        site established by the Secretary to implement the requirements 
        of section 31149)'' after ``Federal Register''.
    (c) Providing Notice of Exemptions to State Personnel.--Section 
31315(b)(7) is amended to read as follows:
            ``(7) Notification of state compliance and enforcement 
        personnel.--Before the effective date of an exemption, the 
        Secretary shall notify a State safety compliance and 
        enforcement agency, and require the agency pursuant to section 
        31102(b)(1)(Y) to notify the State's roadside inspectors, that 
        a person will be operating pursuant to an exemption and the 
        terms and conditions that apply to the exemption.''.
    (d) Pilot Programs.--Section 31315(c)(1) is amended by striking 
``in the Federal Register''.
    (e) Report to Congress.--Section 31315 is amended by adding after 
subsection (d) the following:
    ``(e) Report to Congress.--The Secretary shall submit an annual 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives listing the waivers, exemptions, and pilot 
programs granted under this section, and any impacts on safety.
    ``(f) Web Site.--The Secretary shall ensure that the Federal Motor 
Carrier Safety Administration web site includes a link to the web site 
established by the Secretary to implement the requirements under 
sections 31149 and 31315. The link shall be in a clear and conspicuous 
location on the home page of the Federal Motor Carrier Safety 
Administration web site and be easily accessible to the public.''.

SEC. 905. TRANSPORTATION OF HORSES.

    Section 80502 is amended--
            (1) in subsection (c), by striking ``This section does 
        not'' and inserting ``Subsections (a) and (b) shall not'';
            (2) by redesignating subsection (d) as subsection (e);
            (3) by inserting after subsection (c) the following:
    ``(d) Transportation of Horses.--
            ``(1) Prohibition.--No person may transport, or cause to be 
        transported, a horse from a place in a State, the District of 
        Columbia, or a territory or possession of the United States 
        through or to a place in another State, the District of 
        Columbia, or a territory or possession of the United States in 
        a motor vehicle containing 2 or more levels stacked on top of 
        each other.
            ``(2) Motor vehicle defined.--In this subsection, the term 
        `motor vehicle'--
                    ``(A) means a vehicle driven or drawn by mechanical 
                power and manufactured primarily for use on public 
                highways; and
                    ``(B) does not include a vehicle operated 
                exclusively on a rail or rails.''; and
            (4) in subsection (e), as redesignated--
                    (A) by striking ``A rail carrier'' and inserting 
                the following:
            ``(1) In general.--A rail carrier'';
                    (B) by striking ``this section'' and inserting 
                ``subsection (a) or (b)''; and
                    (C) by striking ``On learning'' and inserting 
                before ``of a violation'' the following:
            ``(2) Transportation of horses in multilevel trailer.--
                    ``(A) Civil penalty.--A person that knowingly 
                violates subsection (d) is liable to the United States 
                Government for a civil penalty of at least $100 but not 
                more than $500 for each violation. A separate violation 
                occurs under subsection (d) for each horse that is 
                transported, or caused to be transported, in violation 
                of subsection (d).
                    ``(B) Relationship to other laws.--The penalty 
                provided under subparagraph (A) shall be in addition to 
                any penalty or remedy available under any other law.
            ``(3) Civil action.--On learning''.

                TITLE X--HOUSEHOLD GOODS TRANSPORTATION

SEC. 1001. ADDITIONAL REGISTRATION REQUIREMENTS FOR HOUSEHOLD GOODS 
              MOTOR CARRIERS.

    (a) Section 13902(a)(2) is amended--
            (1) in subparagraph (B), by striking ``section 13702(c);'' 
        and inserting ``section 13702(c); and'';
            (2) by amending subparagraph (C) to read as follows:
                    ``(C) demonstrates, before being registered, 
                through successful completion of a proficiency 
                examination established by the Secretary, knowledge and 
                intent to comply with applicable Federal laws relating 
                to consumer protection, estimating, consumers' rights 
                and responsibilities, and options for limitations of 
                liability for loss and damage.''; and
            (3) by striking subparagraph (D).
    (b) Compliance Reviews of New Household Goods Motor Carriers.--
Section 31144(g), as amended by section 102 of this Act, is amended by 
adding at the end the following:
            ``(6) Additional requirements for household goods motor 
        carriers.--(A) In addition to the requirements of this 
        subsection, the Secretary shall require, by regulation, each 
        registered household goods motor carrier to undergo a consumer 
        protection standards review not later than 18 months after the 
        household goods motor carrier begins operations under such 
        authority.
                    ``(B) Elements.--In the regulations issued pursuant 
                to subparagraph (A), the Secretary shall establish the 
                elements of the consumer protections standards review, 
                including basic management controls. In establishing 
                the elements, the Secretary shall consider the effects 
                on small businesses and shall consider establishing 
                alternate locations where such reviews may be conducted 
                for the convenience of small businesses.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of enactment of this Act.

SEC. 1002. FAILURE TO GIVE UP POSSESSION OF HOUSEHOLD GOODS.

    (a) Injunctive Relief.--Section 14704(a)(1) is amended by striking 
``and 14103'' and inserting ``, 14103, and 14915(c)''.
    (b) Civil Penalties.--Section 14915(a)(1) is amended by adding at 
the end the following:
    ``The United States may assign all or a portion of the civil 
penalty to an aggrieved shipper. The Secretary of Transportation shall 
establish criteria upon which such assignments shall be made. The 
Secretary may order, after notice and an opportunity for a proceeding, 
that a person found holding a household goods shipment hostage return 
the goods to an aggrieved shipper.''.

SEC. 1003. SETTLEMENT AUTHORITY.

    (a) Settlement of General Civil Penalties.--Section 14901 is 
amended by adding at the end the following:
    ``(h) Settlement of Household Goods Civil Penalties.--Nothing in 
this section shall be construed to prohibit the Secretary from 
accepting partial payment of a civil penalty as part of a settlement 
agreement in the public interest, or from holding imposition of any 
part of a civil penalty in abeyance.''.
    (b) Settlement of Household Goods Civil Penalties.--Section 
14915(a) is amended by adding at the end the following:
            ``(4) Settlement authority.--Nothing in this section shall 
        be construed as prohibiting the Secretary from accepting 
        partial payment of a civil penalty as part of a settlement 
        agreement in the public interest, or from holding imposition of 
        any part of a civil penalty in abeyance.''.

SEC. 1004. HOUSEHOLD GOODS TRANSPORTATION ASSISTANCE PROGRAM.

    (a) Joint Assistance Program.--Not later than 18 months after the 
date of enactment of this Act, the Secretary shall develop and 
implement a joint assistance program, through the Federal Motor Carrier 
Safety Administration--
            (1) to educate consumers about the household goods motor 
        carrier industry pursuant to the recommendations of the task 
        force established under section 1005 of this Act;
            (2) to improve the Federal Motor Carrier Safety 
        Administration's implementation, monitoring, and coordination 
        of Federal and State household goods enforcement activities;
            (3) to assist a consumer with the timely resolution of an 
        interstate household goods hostage situation, as appropriate; 
        and
            (4) to conduct other enforcement activities as designated 
        by the Secretary.
    (b) Joint Assistance Program Partnership.--The Secretary--
            (1) may partner with 1 or more household goods motor 
        carrier industry groups to implement the joint assistance 
        program under subsection (a); and
            (2) shall ensure that each participating household goods 
        motor carrier industry group--
                    (A) implements the joint assistance program in the 
                best interest of the consumer;
                    (B) implements the joint assistance program in the 
                public interest;
                    (C) accurately represents its financial interests 
                in providing household goods mover services in the 
                normal course of business and in assisting consumers 
                resolving hostage situations;
                    (D) does not hold itself out or misrepresent itself 
                as an agent of the Federal government;
                    (E) abides by Federal regulations and guidelines 
                for the provision of assistance and receipt of 
                compensation for household goods mover services; and
                    (F) accurately represents the Federal and State 
                remedies that are available to consumers for resolving 
                interstate household goods hostage situations.
    (c) Report.--The Secretary shall submit a report annually to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives providing a detailed description of the joint 
assistance program under subsection (a).
    (d) Prohibition.--The joint assistance program under subsection (a) 
may not include the provision of funds by the United States to a 
consumer for lost, stolen, or damaged items.

SEC. 1005. HOUSEHOLD GOODS CONSUMER EDUCATION PROGRAM.

    (a) Task Force.--The Secretary of Transportation shall establish a 
task force to develop recommendations to ensure that a consumer is 
informed of Federal law concerning the transportation of household 
goods by a motor carrier, including recommendations--
            (1) on how to condense publication ESA 03005 of the Federal 
        Motor Carrier Safety Administration into a format that can be 
        more easily used by a consumer; and
            (2) on the use of state-of-the-art education techniques and 
        technologies, including the use of the Internet as an 
        educational tool.
    (b) Task Force Members.--The task force shall be comprised of--
            (1) individuals with expertise in consumer affairs;
            (2) educators with expertise in how people learn most 
        effectively; and
            (3) representatives of the household goods moving industry.
    (c) Recommendations.--Not later than 1 year after the date of 
enactment of this Act, the task force shall complete its 
recommendations under subsection (a). Not later than 1 year after the 
task force completes its recommendations under subsection (a), the 
Secretary shall issue regulations implementing the recommendations, as 
appropriate.
    (d) Federal Advisory Committee Act Exemption.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the task force.
    (e) Termination.--The task force shall terminate 2 years after the 
date of enactment of this Act.

                     TITLE XI--TECHNICAL AMENDMENTS

SEC. 1101. UPDATE OF OBSOLETE TEXT.

    (a) Section 31137(e), as redesignated by section 301 of this Act, 
is amended by striking ``Not later than December 1, 1990, the Secretary 
shall prescribe'' and inserting ``The Secretary shall maintain''.
    (b) Section 31151(a) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--The Secretary of Transportation shall 
        maintain a program to ensure that intermodal equipment used to 
        transport intermodal containers is safe and systematically 
        maintained.''; and
            (2) by striking paragraph (4).
    (c) Section 31307(b) is amended by striking ``Not later than 
December 18, 1994, the Secretary shall prescribe'' and inserting ``The 
Secretary shall maintain''.
    (d) Section 31310(g)(1) is amended by striking ``Not later than 1 
year after the date of enactment of this Act, the'' and inserting 
``The''.
    (e) Section 4123(f) of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (119 Stat. 1736) is 
amended by striking ``Not later than 1 year after the date of enactment 
of this Act, the'' and inserting ``The''.

SEC. 1102. CORRECTION OF INTERSTATE COMMERCE COMMISSION REFERENCES.

    (a) Safety Information and Intervention in Interstate Commerce 
Commission Proceedings.--Chapter 3 is amended--
            (1) by repealing section 307;
            (2) in the analysis, by striking the item relating to 
        section 307;
            (3) in section 333(d)(1)(C), by striking ``Interstate 
        Commerce Commission'' and inserting ``Surface Transportation 
        Board''; and
            (4) in section 333(e)--
                    (A) by striking ``Interstate Commerce Commission'' 
                each place it appears and inserting ``Surface 
                Transportation Board''; and
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``Board''.
    (b) Filing and Procedure for Application To Abandon or 
Discontinue.--Section 10903(b)(2) is amended by striking ``24706(c) of 
this title'' and inserting ``24706(c) of this title before May 31, 
1998''.
    (c) Rights and Remedies of Persons Injured by Carriers or 
Brokers.--
            (1) Section 14704 is amended--
                    (A) in subsection (a)--
                            (i) by striking ``In General.--'' and all 
                        that follows through ``injured'' and inserting 
                        ``Enforcement of Order.--A person injured''; 
                        and
                            (ii) by redesignating paragraph (2) as 
                        subsection (b)(2); and
                    (B) in subsection (b)--
                            (i) by striking ``Liability and Damages for 
                        Exceeding Tariff Rate.--'' and all that follows 
                        through ``A carrier'' and inserting ``Exceeding 
                        Tariff Rate.--(1) A carrier''; and
                            (ii) by striking ``Damages for 
                        Violations.--'' in paragraph (2), as 
                        redesignated, and inserting ``Other 
                        Violations.--''.
            (2) Section 14705(c) is amended by striking ``14704(b)'' 
        and substituting ``14704(b)(2)''.
    (d) Technical Amendments to Part C of Subtitle V.--
            (1) Section 24307(b)(3) is amended by striking ``Interstate 
        Commerce Commission'' and inserting ``Surface Transportation 
        Board''.
            (2) Section 24311 is amended--
                    (A) by striking ``Interstate Commerce Commission'' 
                each place it appears and inserting ``Surface 
                Transportation Board''; and
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``Board''.
            (3) Section 24902 is amended--
                    (A) by striking ``Interstate Commerce Commission'' 
                each place it appears and inserting ``Surface 
                Transportation Board''; and
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``Board''.
            (4) Section 24904 is amended--
                    (A) by striking ``Interstate Commerce Commission'' 
                each place it appears and inserting ``Surface 
                Transportation Board''; and
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``Board''.

SEC. 1103. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Section 14504a(c)(1) is amended--
            (1) in subparagraph (C), by striking ``sections'' and 
        inserting ``section''; and
            (2) in subparagraph (D)(ii)(II) by striking the period at 
        the end and inserting ``; and''.
    (b) Section 24305(a)(3)(1) is amended by striking ``section 
13902(b)(8)(A)'' and inserting ``section 13902(b)(9)(A)''.
    (c) Section 31103(a) is amended by striking ``section 
31102(b)(1)(E)'' and inserting ``section 31102(b)(2)(E)''.
    (d) Section 31103(b) is amended by striking ``authorized by section 
31104(f)(2)''.
    (e) Section 31309(b)(2) is amended by striking ``31308(2)'' and 
inserting ``31308(3)''.
                                 <all>