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

                                                       Calendar No. 543
112th CONGRESS
  2d Session
                                S. 1950

                          [Report No. 112-238]

  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

                           November 13, 2012

             Reported by Mr. Rockefeller, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>

<DELETED>    The table of contents of this Act is as follows:</DELETED>

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

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

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

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

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

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

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

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

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

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

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

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

<DELETED>SEC. 3. DEFINITION.</DELETED>

<DELETED>    In this Act, the term ``Secretary'' means the Secretary of 
Transportation.</DELETED>

<DELETED>SEC. 4. REFERENCES TO TITLE 49, UNITED STATES CODE.</DELETED>

<DELETED>    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.</DELETED>

   <DELETED>TITLE I--COMMERCIAL MOTOR VEHICLE REGISTRATION</DELETED>

<DELETED>SEC. 101. REGISTRATION OF MOTOR CARRIERS.</DELETED>

<DELETED>    (a) Registration Requirements.--Section 13902(a)(1) is 
amended to read as follows:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) is willing and able to comply with--
                </DELETED>
                        <DELETED>    ``(i) this part and the applicable 
                        regulations of the Secretary and the 
                        Board;</DELETED>
                        <DELETED>    ``(ii) any safety regulations 
                        imposed by the Secretary;</DELETED>
                        <DELETED>    ``(iii) the duties of employers 
                        and employees established by the Secretary 
                        under section 31135;</DELETED>
                        <DELETED>    ``(iv) the safety fitness 
                        requirements established by the Secretary under 
                        section 31144;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(vi) the minimum financial 
                        responsibility requirements established by the 
                        Secretary under sections 13906, 31138, and 
                        31139;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Written Proficiency Examination.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Additional fee.--The Secretary may assess a 
        fee to cover the expenses incurred by the Department of 
        Transportation in--</DELETED>
                <DELETED>    (A) developing and administering the 
                written proficiency examination; and</DELETED>
                <DELETED>    (B) reviewing the comprehensive management 
                plan required under section 13902(a)(1)(B) of title 49, 
                United States Code.</DELETED>
<DELETED>    (c) Conforming Amendment.--Section 210(b) of the Motor 
Carrier Safety Improvement Act of 1999 (49 U.S.C. 31144 note) is 
amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by striking ``consider the establishment of'' 
        and inserting ``establish''.</DELETED>

<DELETED>SEC. 102. SAFETY FITNESS OF NEW OPERATORS.</DELETED>

<DELETED>    (a) Safety Reviews of New Operators.--Section 31144(g)(1) 
is amended to read as follows:</DELETED>
        <DELETED>    ``(1) Safety review.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall take effect 1 year after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 103. REINCARNATED CARRIERS.</DELETED>

<DELETED>    (a) Effective Periods of Registration.--</DELETED>
        <DELETED>    (1) Suspensions, amendments, and revocations.--
        Section 13905(d) is amended--</DELETED>
                <DELETED>    (A) by redesignating paragraph (2) as 
                paragraph (4);</DELETED>
                <DELETED>    (B) by striking paragraph (1) and 
                inserting the following:</DELETED>
        <DELETED>    ``(1) Applications.--On application of the 
        registrant, the Secretary may amend or revoke a 
        registration.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) suspend, amend, or revoke any part 
                of the registration of a motor carrier, broker, or 
                freight forwarder for willful failure to comply with--
                </DELETED>
                        <DELETED>    ``(i) this part;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) a condition of its 
                        registration;</DELETED>
                <DELETED>    ``(B) withhold, suspend, amend, or revoke 
                any part of the registration of a motor carrier, 
                broker, or freight forwarder for failure--</DELETED>
                        <DELETED>    ``(i) to pay a civil penalty 
                        imposed under chapter 5, 51, 149, or 
                        311;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) for failure to obey a 
                        subpoena issued by the Secretary'';</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) this part;</DELETED>
                        <DELETED>    ``(ii) an applicable regulation or 
                        order of the Secretary or the Board; 
                        or</DELETED>
                        <DELETED>    ``(iii) a condition of its 
                        registration; or</DELETED>
                <DELETED>    ``(D) withhold, suspend, amend, or revoke 
                any part of a registration of a motor carrier, broker, 
                or freight forwarder if the Secretary finds that--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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</DELETED>
                <DELETED>    (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)''.</DELETED>
        <DELETED>    (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,''.</DELETED>
<DELETED>    (b) Information Systems.--Section 31106(a)(3) is amended--
</DELETED>
        <DELETED>    (1) in subparagraph (F), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (2) in subparagraph (G), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 104. FINANCIAL RESPONSIBILITY REQUIREMENTS.</DELETED>

<DELETED>    (a) Report.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall--</DELETED>
        <DELETED>    (1) issue a report on the appropriateness of--
        </DELETED>
                <DELETED>    (A) the current minimum financial 
                responsibility requirements under sections 31138 and 
                31139 of title 49, United States Code; and</DELETED>
                <DELETED>    (B) the current bond and insurance 
                requirements under section 13904(d) of title 49, United 
                States Code; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the findings of the report under subsection 
        (a);</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) other matters the Secretary determines 
        appropriate.</DELETED>
<DELETED>    (c) Deadline.--Not later than 1 year after the start of 
the rulemaking under subsection (b), the Secretary shall--</DELETED>
        <DELETED>    (1) issue a final rule; or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 105. USDOT NUMBER REGISTRATION REQUIREMENT.</DELETED>

<DELETED>    (a) Chapter 311 is amended by inserting after section 
31133 the following:</DELETED>
<DELETED>``Sec. 31134. Requirement for registration and USDOT 
              number</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Withholding Registration.--The Secretary may 
withhold registration under subsection (a), after notice and an 
opportunity for a proceeding, if the Secretary determines that--
</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(4) the employer or person failed or refused to 
        submit to the safety review required by section 31144(g) of 
        this title.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis of chapter 311 is 
amended by inserting after the item relating to section 31133 the 
following:</DELETED>

<DELETED>``31134. Requirement for registration and USDOT number.''.

<DELETED>SEC. 106. REGISTRATION FEE SYSTEM.</DELETED>

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

<DELETED>SEC. 107. REGISTRATION UPDATE.</DELETED>

<DELETED>    (a) Periodic Motor Carrier Update.--Section 13902 is 
amended by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Periodic Freight Forwarder Update.--Section 13903 is 
amended by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Periodic Broker Update.--Section 13904 is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 108. INCREASED PENALTIES FOR OPERATING WITHOUT 
              REGISTRATION.</DELETED>

<DELETED>    (a) Penalties.--Section 14901(a) is amended--</DELETED>
        <DELETED>    (1) by striking ``$500'' and inserting 
        ``$1,000'';</DELETED>
        <DELETED>    (2) by striking ``who is not registered under this 
        part to provide transportation of passengers,'';</DELETED>
        <DELETED>    (3) by striking ``with respect to providing 
        transportation of passengers,'' and inserting ``or section 
        13902(c) of this title,''; and</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (b) Transportation of Hazardous Wastes.--Section 14901(b) 
is amended by striking ``less than $20,000'' and inserting ``not less 
than $25,000''.</DELETED>

<DELETED>SEC. 109. REVOCATION OF REGISTRATION FOR IMMINENT 
              HAZARD.</DELETED>

<DELETED>    Section 13905(f)(2) is amended to read as 
follows:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 110. REVOCATION OF REGISTRATION AND OTHER PENALTIES FOR 
              FAILURE TO RESPOND TO SUBPOENA.</DELETED>

<DELETED>    Section 525 is amended--</DELETED>
        <DELETED>    (1) by striking ``subpenas'' in the section 
        heading and inserting ``subpoenas'';</DELETED>
        <DELETED>    (2) by striking ``subpena'' and inserting 
        ``subpoena'';</DELETED>
        <DELETED>    (3) by striking ``$100'' and inserting 
        ``$1,000'';</DELETED>
        <DELETED>    (4) by striking ``$5,000'' and inserting 
        ``$10,000''; and</DELETED>
        <DELETED>    (5) by adding at the end the following:</DELETED>
<DELETED>    ``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.''.</DELETED>

<DELETED>SEC. 111. FLEETWIDE OUT OF SERVICE ORDER FOR OPERATING WITHOUT 
              REQUIRED REGISTRATION.</DELETED>

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

<DELETED>SEC. 112. MOTOR CARRIER AND OFFICER PATTERNS OF SAFETY 
              VIOLATIONS.</DELETED>

<DELETED>    Section 31135 is amended--</DELETED>
        <DELETED>    (1) by striking subsection (b) and inserting the 
        following:</DELETED>
<DELETED>    ``(b) Noncompliance.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) shall take into account such non-
                compliance for purposes of determining civil penalty 
                amounts under section 521(b)(2)(D).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) suspension or revocation of 
                registration granted to the officer individually under 
                section 13902 or 31134;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) any appropriate sanction approved by 
                the Secretary.</DELETED>
        <DELETED>    ``(4) Limitations.--The sanctions described in 
        subparagraphs (A) through (C) of subsection (b)(3) shall apply 
        to--</DELETED>
                <DELETED>    ``(A) intentional or knowing conduct, 
                including reckless conduct that violates applicable 
                laws (including regulations); and</DELETED>
                <DELETED>    ``(B) repeated instances of negligent 
                conduct that violates applicable laws (including 
                regulations).''; and</DELETED>
        <DELETED>    (2) by striking subsection (c) and inserting the 
        following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) a determination of unfitness under 
                section 31144(b);</DELETED>
                <DELETED>    ``(B) a suspension or revocation of 
                registration under section 13902, 13905, or 
                31144(g);</DELETED>
                <DELETED>    ``(C) issuance of an imminent hazard out 
                of service order under section 521(b)(5) or section 
                5121(d); or</DELETED>
                <DELETED>    ``(D) notice of failure to pay a civil 
                penalty or abide by a penalty payment plan; 
                and</DELETED>
        <DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 113. FEDERAL SUCCESSOR STANDARD.</DELETED>

<DELETED>    (a) In General.--Chapter 311 is amended by adding after 
section 31152, as added by section 508 of this Act, the 
following:</DELETED>
<DELETED>``Sec. 31153. Federal successor standard</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) consideration paid for assets purchased or 
        transferred;</DELETED>
        <DELETED>    ``(2) dates of corporate creation and dissolution 
        or termination of operations;</DELETED>
        <DELETED>    ``(3) commonality of ownership;</DELETED>
        <DELETED>    ``(4) commonality of officers and management 
        personnel and their functions;</DELETED>
        <DELETED>    ``(5) commonality of drivers and other 
        employees;</DELETED>
        <DELETED>    ``(6) identity of physical or mailing addresses, 
        telephone, fax numbers, or e-mail addresses;</DELETED>
        <DELETED>    ``(7) identity of motor vehicle 
        equipment;</DELETED>
        <DELETED>    ``(8) continuity of liability insurance 
        policies;</DELETED>
        <DELETED>    ``(9) commonality of coverage under liability 
        insurance policies;</DELETED>
        <DELETED>    ``(10) continuation of carrier facilities and 
        other physical assets;</DELETED>
        <DELETED>    ``(11) continuity of the nature and scope of 
        operations, including customers;</DELETED>
        <DELETED>    ``(12) commonality of the nature and scope of 
        operations, including customers;</DELETED>
        <DELETED>    ``(13) advertising, corporate name, or other acts 
        through which the motor carrier, employer, or owner or operator 
        holds itself out to the public;</DELETED>
        <DELETED>    ``(14) history of safety violations and pending 
        orders or enforcement actions of the Secretary; and</DELETED>
        <DELETED>    ``(15) additional factors that the Secretary 
        considers appropriate.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``31153. Federal successor standard.''.

      <DELETED>TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY</DELETED>

<DELETED>SEC. 201. REPEAL OF COMMERCIAL JURISDICTION EXCEPTION FOR 
              BROKERS OF MOTOR CARRIERS OF PASSENGERS.</DELETED>

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

<DELETED>SEC. 202. BUS RENTALS AND DEFINITION OF EMPLOYER.</DELETED>

<DELETED>    Paragraph (3) of section 31132 is amended to read as 
follows:</DELETED>
        <DELETED>    ``(3) `employer'--</DELETED>
                <DELETED>    ``(A) means a person engaged in a business 
                affecting interstate commerce that--</DELETED>
                        <DELETED>    ``(i) owns or leases a commercial 
                        motor vehicle in connection with that business, 
                        or assigns an employee to operate the 
                        commercial motor vehicle; or</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) does not include the Government, a 
                State, or a political subdivision of a 
                State.''.</DELETED>

<DELETED>SEC. 203. CRASHWORTHINESS STANDARDS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 204. CANADIAN SAFETY RATING RECIPROCITY.</DELETED>

<DELETED>    Section 31144 is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(h) Recognition of Canadian Motor Carrier Safety Fitness 
Determinations.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 205. STATE REPORTING OF FOREIGN COMMERCIAL DRIVER 
              CONVICTIONS.</DELETED>

<DELETED>    (a) Definition of Foreign Commercial Driver.--Section 
31301 is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (10) through (14) 
        as paragraphs (11) through (15), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (9) the 
        following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) State Reporting of Convictions.--Section 31311(a) is 
amended by adding after paragraph (21) the following:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) for a driver holding a foreign 
                commercial driver's license--</DELETED>
                        <DELETED>    ``(i) each conviction relating to 
                        the operation of a commercial motor vehicle; 
                        and</DELETED>
                        <DELETED>    ``(ii) a non-commercial motor 
                        vehicle; and</DELETED>
                <DELETED>    ``(B) for an unlicensed driver or a driver 
                holding a foreign non-commercial driver's license, each 
                conviction for operating a commercial motor 
                vehicle.''.</DELETED>

<DELETED>SEC. 206. AUTHORITY TO DISQUALIFY FOREIGN COMMERCIAL 
              DRIVERS.</DELETED>

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

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

<DELETED>    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.</DELETED>

              <DELETED>TITLE III--DRIVER SAFETY</DELETED>

<DELETED>SEC. 301. ELECTRONIC ON-BOARD RECORDING DEVICES.</DELETED>

<DELETED>    (a) General Authority.--Section 31137 is amended--
</DELETED>
        <DELETED>    (1) by amending the section heading to read as 
        follows:</DELETED>
<DELETED>``Sec. 31137. Electronic on-board recording devices and brake 
              maintenance regulations'';</DELETED>
        <DELETED>    (2) by redesignating subsection (b) as subsection 
        (e); and</DELETED>
        <DELETED>    (3) by amending (a) to read as follows:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) ensuring that an electronic on-board 
        recording device is not used to harass a vehicle 
        operator.</DELETED>
<DELETED>    ``(b) Electronic On-Board Recording Device Requirements.--
</DELETED>
        <DELETED>    ``(1) In general.--The regulations prescribed 
        under subsection (a) shall--</DELETED>
                <DELETED>    ``(A) require an electronic on-board 
                recording device--</DELETED>
                        <DELETED>    ``(i) to accurately record 
                        commercial driver hours of service;</DELETED>
                        <DELETED>    ``(ii) to record the location of a 
                        commercial motor vehicle;</DELETED>
                        <DELETED>    ``(iii) to be tamper resistant; 
                        and</DELETED>
                        <DELETED>    ``(iv) to be integrally 
                        synchronized with an engine's control 
                        module;</DELETED>
                <DELETED>    ``(B) allow law enforcement to access the 
                data contained in the device during a roadside 
                inspection; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Performance and design standards.--The 
        regulations prescribed under subsection (a) shall establish 
        performance standards--</DELETED>
                <DELETED>    ``(A) defining a standardized user 
                interface to aid vehicle operator compliance and law 
                enforcement review;</DELETED>
                <DELETED>    ``(B) establishing a secure process for 
                standardized--</DELETED>
                        <DELETED>    ``(i) and unique vehicle operator 
                        identification;</DELETED>
                        <DELETED>    ``(ii) data access;</DELETED>
                        <DELETED>    ``(iii) data transfer for vehicle 
                        operators between motor vehicles;</DELETED>
                        <DELETED>    ``(iv) data storage for a motor 
                        carrier; and</DELETED>
                        <DELETED>    ``(v) data transfer and 
                        transportability for law enforcement 
                        officials;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Certification Criteria.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Electronic On-Board Recording Device Defined.--In 
this section, the term `electronic on-board recording device' means an 
electronic device that--</DELETED>
        <DELETED>    ``(1) is capable of recording a driver's hours of 
        service and duty status accurately and automatically; 
        and</DELETED>
        <DELETED>    ``(2) meets the requirements established by the 
        Secretary through regulation.''.</DELETED>
<DELETED>    (b) Civil Penalties.--Section 30165(a)(1) is amended by 
striking ``or 30141 through 30147'' and inserting ``30141 through 
30147, or 31137''.</DELETED>
<DELETED>    (c) Conforming Amendment.--The analysis for chapter 311 is 
amended by striking the item relating to section 31137 and inserting 
the following:</DELETED>

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

<DELETED>SEC. 302. SAFETY FITNESS.</DELETED>

<DELETED>    (a) Safety Fitness Rating Methodology.--The Secretary 
shall--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) ensure that the data to support such 
        assessments is accurate.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 303. DRIVER MEDICAL QUALIFICATIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Examination Requirement for National Registry of 
Medical Examiners.--Section 31149(c)(1)(D) is amended to read as 
follows:</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the completion of specific 
                        courses and materials;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(iii) an examination that 
                        requires a passing grade; and</DELETED>
                        <DELETED>    ``(iv) demonstration of a medical 
                        examiner's willingness to meet the reporting 
                        requirements established by the 
                        Secretary.''.</DELETED>
<DELETED>    (c) Additional Oversight of Licensing Authorities.--
</DELETED>
        <DELETED>    (1) In general.--Section 31149(c)(1) is amended--
        </DELETED>
                <DELETED>    (A) in subparagraph (E), by striking 
                ``and'' after the semicolon;</DELETED>
                <DELETED>    (B) in subparagraph (F), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the submission of physical 
                        examination reports and medical certificates to 
                        State licensing agencies; and</DELETED>
                        <DELETED>    ``(ii) the processing of the 
                        submissions by State licensing 
                        agencies.''.</DELETED>
        <DELETED>    (2) Internal oversight policy.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (e) Funding.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Period of availability.--The amounts made 
        available under this subsection shall remain available until 
        expended.</DELETED>

<DELETED>SEC. 304. COMMERCIAL DRIVER'S LICENSE NOTIFICATION 
              SYSTEM.</DELETED>

<DELETED>    (a) In General.--Section 31304 is amended--</DELETED>
        <DELETED>    (1) by striking ``An employer'' and inserting the 
        following:</DELETED>
<DELETED>    ``(a) In General.--An employer''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Driver Violation Records.--</DELETED>
        <DELETED>    ``(1) Periodic review.--Except as provided in 
        paragraph (3), an employer shall ascertain the driving record 
        of each driver it employs--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) by a combination of inquiries to 
                States and reports from driver record notification 
                systems.</DELETED>
        <DELETED>    ``(2) Record keeping.--A copy of the reports 
        received under paragraph (1) shall be maintained in the 
        driver's qualification file.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) if the employer obtains the driver's 
                identification number, type, and issuing State of the 
                driver's commercial motor vehicle license; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Plan for National Notification System.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) an assessment of the merits of 
                achieving a national system by expanding the Commercial 
                Driver's License Information System; and</DELETED>
                <DELETED>    (B) an estimate of the fees that an 
                employer will be charged to offset the operating costs 
                of the national system.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 305. COMMERCIAL MOTOR VEHICLE OPERATOR 
              TRAINING.</DELETED>

<DELETED>    (a) In General.--Section 31305 is amended by adding at the 
end the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) addressing the knowledge and skills that--
        </DELETED>
                <DELETED>    ``(A) are necessary for an individual 
                operating a commercial motor vehicle to safely operate 
                a commercial motor vehicle; and</DELETED>
                <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) to suppress motorcoach fires; 
                and</DELETED>
                <DELETED>    ``(B) to evacuate passengers from 
                motorcoaches safely;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) requiring certification that an individual 
        operating a commercial motor vehicle meets the requirements 
        established by the Secretary; and</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Commercial Driver's License Uniform Standards.--
Section 31308(1) is amended to read as follows:</DELETED>
        <DELETED>    ``(1) an individual issued a commercial driver's 
        license--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) present certification of completion 
                of driver training that meets the requirements 
                established by the Secretary under section 
                31305(c);''.</DELETED>
<DELETED>    (c) Conforming Amendment.--The section heading for section 
31305 is amended to read as follows:</DELETED>
<DELETED>``Sec. 31305. General driver fitness, testing, and 
              training''.</DELETED>
<DELETED>    (d) Conforming Amendment.--The analysis for chapter 313 is 
amended by striking the item relating to section 31305 and inserting 
the following:</DELETED>

<DELETED>``31305. General driver fitness, testing, and training.''.

<DELETED>SEC. 306. COMMERCIAL DRIVER'S LICENSE PROGRAM.</DELETED>

<DELETED>    (a) In General.--Section 31309 is amended--</DELETED>
        <DELETED>    (1) in subsection (e)(4), by amending subparagraph 
        (A) to read as follows:</DELETED>
                <DELETED>    ``(A) In general.--The plan shall 
                specify--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) that States must use the 
                        systems to receive and submit conviction and 
                        disqualification data.''; and</DELETED>
        <DELETED>    (2) in subsection (f), by striking ``use'' and 
        inserting ``use, subject to section 31313(a),''.</DELETED>
<DELETED>    (b) Requirements for State Participation.--Section 31311 
is amended--</DELETED>
        <DELETED>    (1) in subsection (a), as amended by section 
        205(b) of this Act--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(d) Critical Requirements.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) State Commercial Driver's License Program Plan.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Contents.--A plan submitted by a State under 
        paragraph (1) shall identify--</DELETED>
                <DELETED>    ``(A) the actions that the State will take 
                to comply with the critical requirements identified 
                under subsection (d)(1);</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) other actions that the State will 
                take to comply with the requirements under subsection 
                (a).</DELETED>
        <DELETED>    ``(3) Priority.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Approval and disapproval.--The Secretary 
        shall--</DELETED>
                <DELETED>    ``(A) review each plan submitted under 
                paragraph (1);</DELETED>
                <DELETED>    ``(B) approve a plan that the Secretary 
                determines meets the requirements under this subsection 
                and promotes the goals of this chapter; and</DELETED>
                <DELETED>    ``(C) disapprove a plan that the Secretary 
                determines does not meet the requirements or does not 
                promote the goals.</DELETED>
        <DELETED>    ``(5) Modification of disapproved plans.--If the 
        Secretary disapproves a plan under paragraph (4)(C), the 
        Secretary shall--</DELETED>
                <DELETED>    ``(A) provide a written explanation of the 
                disapproval to the State; and</DELETED>
                <DELETED>    ``(B) allow the State to modify the plan 
                and resubmit it for approval.</DELETED>
        <DELETED>    ``(6) Plan updates.--The Secretary may require a 
        State to review and update a plan, as appropriate.</DELETED>
<DELETED>    ``(f) Annual Comparison of State Levels of Compliance.--
The Secretary shall annually--</DELETED>
        <DELETED>    ``(1) compare the relative levels of compliance by 
        States with the requirements under subsection (a); 
        and</DELETED>
        <DELETED>    ``(2) make the results of the comparison available 
        to the public.''.</DELETED>
<DELETED>    (c) Decertification Authority.--Section 31312 is amended--
</DELETED>
        <DELETED>    (1) by redesignating subsections (b) and (c) as 
        subsections (c) and (d), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (a) the 
        following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the State is not complying with a critical 
        requirement under section 31311(d)(1); and</DELETED>
        <DELETED>    ``(2) sufficient grant funding was made available 
        to the State under section 31313(a) to comply with the 
        requirement.''.</DELETED>

<DELETED>SEC. 307. COMMERCIAL DRIVER'S LICENSE REQUIREMENTS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Disqualifications.--Section 31310(g)(1) is amended by 
deleting ``who holds a commercial driver's license and''.</DELETED>

<DELETED>SEC. 308. COMMERCIAL MOTOR VEHICLE DRIVER INFORMATION 
              SYSTEMS.</DELETED>

<DELETED>    Section 31106(c) is amended--</DELETED>
        <DELETED>    (1) by striking the subsection heading and 
        inserting ``(1) In General.--'';</DELETED>
        <DELETED>    (2) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D); and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 309. DISQUALIFICATIONS BASED ON NON-COMMERCIAL MOTOR 
              VEHICLE OPERATIONS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 310. FEDERAL DRIVER DISQUALIFICATIONS.</DELETED>

<DELETED>    (a) Disqualification Defined.--Section 31301, as amended 
by section 205 of this Act, is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (6) through (15) 
        as paragraphs (7) through (16), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (5) the 
        following:</DELETED>
        <DELETED>    ``(6) `Disqualification' means--</DELETED>
                <DELETED>    ``(A) the suspension, revocation, or 
                cancellation of a commercial driver's license by the 
                State of issuance;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) a determination by the Secretary 
                that an individual is not qualified to operate a 
                commercial motor vehicle; or</DELETED>
                <DELETED>    ``(D) a determination by the Secretary 
                that a commercial motor vehicle driver is unfit under 
                section 31144(g).''.</DELETED>
<DELETED>    (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,''.</DELETED>
<DELETED>    (c) State Action on Federal Disqualification.--Section 
31310(h) is amended by inserting after the first sentence the 
following:</DELETED>
<DELETED>    ``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.''.</DELETED>

<DELETED>SEC. 311. EMPLOYER RESPONSIBILITIES.</DELETED>

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

          <DELETED>TITLE IV--SAFE ROADS ACT OF 2011</DELETED>

<DELETED>SEC. 401. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Safe Roads Act of 
2011''.</DELETED>

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

<DELETED>    (a) In General.--Chapter 313 is amended--</DELETED>
        <DELETED>    (1) in section 31306(a), by inserting ``and 
        section 31306a'' after ``this section''; and</DELETED>
        <DELETED>    (2) by inserting after section 31306 the 
        following:</DELETED>
<DELETED>``Sec. 31306a. National clearinghouse for controlled substance 
              and alcohol test results of commercial motor vehicle 
              operators</DELETED>
<DELETED>    ``(a) Establishment.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Purposes.--The purposes of the clearinghouse 
        shall be--</DELETED>
                <DELETED>    ``(A) to improve compliance with the 
                Department of Transportation's alcohol and controlled 
                substances testing program applicable to commercial 
                motor vehicle operators;</DELETED>
                <DELETED>    ``(B) to facilitate access to information 
                about an individual before employing the individual as 
                a commercial motor vehicle operator;</DELETED>
                <DELETED>    ``(C) to enhance the safety of our United 
                States roadways by reducing accident fatalities 
                involving commercial motor vehicles; and</DELETED>
                <DELETED>    ``(D) to reduce the number of impaired 
                commercial motor vehicle operators.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(4) Electronic exchange of records.--The 
        Secretary shall ensure that records can be electronically 
        submitted to, and requested from, the clearinghouse by 
        authorized users.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Design of Clearinghouse.--</DELETED>
        <DELETED>    ``(1) Use of federal motor carrier safety 
        administration recommendations.--In establishing the 
        clearinghouse, the Secretary shall consider--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.'.</DELETED>
        <DELETED>    ``(2) Development of secure processes.--In 
        establishing the clearinghouse, the Secretary shall develop a 
        secure process for--</DELETED>
                <DELETED>    ``(A) administering and managing the 
                clearinghouse in compliance with applicable Federal 
                security standards;</DELETED>
                <DELETED>    ``(B) registering and authenticating 
                authorized users of the clearinghouse;</DELETED>
                <DELETED>    ``(C) registering and authenticating 
                persons required to report to the clearinghouse under 
                subsection (g);</DELETED>
                <DELETED>    ``(D) preventing the unauthorized access 
                of information from the clearinghouse;</DELETED>
                <DELETED>    ``(E) storing and transmitting 
                data;</DELETED>
                <DELETED>    ``(F) persons required to report to the 
                clearinghouse under subsection (g) to timely and 
                accurately submit electronic data to the 
                clearinghouse;</DELETED>
                <DELETED>    ``(G) generating timely and accurate 
                reports from the clearinghouse in response to requests 
                for information by authorized users; and</DELETED>
                <DELETED>    ``(H) updating an individual's record upon 
                completion of the return-to-duty process described in 
                title 49, Code of Federal Regulations.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) for an employee who is listed as 
                having multiple employers.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) auditing and evaluating the 
                timeliness, accuracy, and completeness of data in the 
                clearinghouse; and</DELETED>
                <DELETED>    ``(B) auditing to monitor compliance and 
                enforce penalties for noncompliance.</DELETED>
        <DELETED>    ``(5) Future needs.--</DELETED>
                <DELETED>    ``(A) Interoperability with other data 
                systems.--In establishing the clearinghouse, the 
                Secretary shall consider--</DELETED>
                        <DELETED>    ``(i) the existing data systems 
                        containing regulatory and safety data for 
                        commercial motor vehicle operators;</DELETED>
                        <DELETED>    ``(ii) the efficacy of using or 
                        combining clearinghouse data with 1 or more of 
                        such systems; and</DELETED>
                        <DELETED>    ``(iii) the potential 
                        interoperability of the clearinghouse with such 
                        systems.</DELETED>
                <DELETED>    ``(B) Specific considerations.--In 
                carrying out subparagraph (A), the Secretary shall 
                determine--</DELETED>
                        <DELETED>    ``(i) the clearinghouse's 
                        capability for interoperability with--
                        </DELETED>
                                <DELETED>    ``(I) the National Driver 
                                Register established under section 
                                30302;</DELETED>
                                <DELETED>    ``(II) the Commercial 
                                Driver's License Information System 
                                established under section 
                                31309;</DELETED>
                                <DELETED>    ``(III) the Motor Carrier 
                                Management Information System for 
                                preemployment screening services under 
                                section 31150; and</DELETED>
                                <DELETED>    ``(IV) other data systems, 
                                as appropriate; and</DELETED>
                        <DELETED>    ``(ii) any change to the 
                        administration of the current testing program, 
                        such as forms, that is necessary to collect 
                        data for the clearinghouse.</DELETED>
<DELETED>    ``(c) Standard Formats.--The Secretary shall develop 
standard formats to be used--</DELETED>
        <DELETED>    ``(1) by an authorized user of the clearinghouse 
        to--</DELETED>
                <DELETED>    ``(A) request a record from the 
                clearinghouse; and</DELETED>
                <DELETED>    ``(B) obtain the consent of an individual 
                who is the subject of a request from the clearinghouse, 
                if applicable; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Privacy.--A release of information from the 
clearinghouse shall--</DELETED>
        <DELETED>    ``(1) comply with applicable Federal privacy laws, 
        including the fair information practices under the Privacy Act 
        of 1974 (5 U.S.C. 552a);</DELETED>
        <DELETED>    ``(2) comply with applicable sections of the Fair 
        Credit Reporting Act (15 U.S.C. 1681 et seq.); and</DELETED>
        <DELETED>    ``(3) not be made to any person or entity unless 
        expressly authorized or required by law.</DELETED>
<DELETED>    ``(e) Fees.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Use of fees.--Fees collected under this 
        subsection shall be used for the operation and maintenance of 
        the clearinghouse.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Employer Requirements.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) if tested for the use of alcohol and 
                controlled substances, as required under title 49, Code 
                of Federal Regulations--</DELETED>
                        <DELETED>    ``(i) did not test positive for 
                        the use of alcohol or controlled substances in 
                        violation of the regulations; or</DELETED>
                        <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B)(i) did not refuse to take an alcohol 
                or controlled substance test under title 49, Code of 
                Federal Regulations; or</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Reporting of Records.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) refuses to take an alcohol or 
                controlled substances test required under title 49, 
                Code of Federal Regulations;</DELETED>
                <DELETED>    ``(B) tests positive for alcohol or a 
                controlled substance in violation of the regulations; 
                or</DELETED>
                <DELETED>    ``(C) violates any other provision of 
                subpart B of part 382 of title 49, Code of Federal 
                Regulations (or any subsequent corresponding 
                regulations).</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Notification.--The Secretary shall 
        expeditiously notify an individual, unless such notification 
        would be duplicative, when--</DELETED>
                <DELETED>    ``(A) a record relating to the individual 
                is received by the clearinghouse;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) a record in the clearinghouse 
                relating to the individual is released to an employer 
                and specify the reason for the release.</DELETED>
        <DELETED>    ``(5) Data quality and security standards for 
        reporting and releasing.--The Secretary may establish 
        additional requirements, as appropriate, to ensure that--
        </DELETED>
                <DELETED>    ``(A) the submission of records to the 
                clearinghouse is timely and accurate;</DELETED>
                <DELETED>    ``(B) the release of data from the 
                clearinghouse is timely, accurate, and released to the 
                appropriate authorized user under this section; 
                and</DELETED>
                <DELETED>    ``(C) an individual with a record in the 
                clearinghouse has a cause of action for any 
                inappropriate use of information included in the 
                clearinghouse.</DELETED>
        <DELETED>    ``(6) Retention of records.--The Secretary shall--
        </DELETED>
                <DELETED>    ``(A) retain a record submitted to the 
                clearinghouse for a 5-year period beginning on the date 
                the record is submitted;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) retain a record after the end of the 
                5-year period in a separate location for archiving and 
                auditing purposes.</DELETED>
<DELETED>    ``(h) Authorized Users.--</DELETED>
        <DELETED>    ``(1) Employers.--The Secretary shall establish a 
        process for an employer to request and receive an individual's 
        record from the clearinghouse.</DELETED>
                <DELETED>    ``(A) Consent.--An employer may not access 
                an individual's record from the clearinghouse unless 
                the employer--</DELETED>
                        <DELETED>    ``(i) obtains the prior written or 
                        electronic consent of the individual for access 
                        to the record; and</DELETED>
                        <DELETED>    ``(ii) submits proof of the 
                        individual's consent to the 
                        Secretary.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Retention of record requests.--The 
                Secretary shall require an employer to retain for a 3-
                year period--</DELETED>
                        <DELETED>    ``(i) a record of each request 
                        made by the employer for records from the 
                        clearinghouse; and</DELETED>
                        <DELETED>    ``(ii) the information received 
                        pursuant to the request.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Protection of privacy of 
                individuals.--An employer that receives an individual's 
                record from the clearinghouse under subparagraph (B) 
                shall--</DELETED>
                        <DELETED>    ``(i) protect the privacy of the 
                        individual and the confidentiality of the 
                        record; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) protect the privacy of the 
                        individual and the confidentiality of the 
                        record; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) protect the privacy of the 
                        individual and the confidentiality of the 
                        record; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) what use the additional user will 
                make of the individual's record;</DELETED>
                <DELETED>    ``(B) the costs and benefits of the use; 
                and</DELETED>
                <DELETED>    ``(C) how to protect the privacy of the 
                individual and the confidentiality of the 
                record.</DELETED>
<DELETED>    ``(i) Access to Clearinghouse by Individuals.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall establish a 
        process for an individual to request and receive information 
        from the clearinghouse--</DELETED>
                <DELETED>    ``(A) to determine whether the 
                clearinghouse contains a record pertaining to the 
                individual;</DELETED>
                <DELETED>    ``(B) to verify the accuracy of a 
                record;</DELETED>
                <DELETED>    ``(C) to update an individual's record, 
                including completing the return-to-duty process 
                described in title 49, Code of Federal Regulations; 
                and</DELETED>
                <DELETED>    ``(D) to determine whether the 
                clearinghouse received requests for the individual's 
                information.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(j) Penalties.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(k) Compatibility of State and Local Laws.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Applicability.--The preemption under 
        paragraph (1) shall include--</DELETED>
                <DELETED>    ``(A) the reporting of valid positive 
                results from alcohol screening tests and drug 
                tests;</DELETED>
                <DELETED>    ``(B) the refusal to provide a specimen 
                for an alcohol screening test or drug test; 
                and</DELETED>
                <DELETED>    ``(C) other violations of subpart B of 
                part 382 of title 49, Code of Federal Regulations (or 
                any subsequent corresponding regulations).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) verified positive alcohol or drug 
                test result;</DELETED>
                <DELETED>    ``(B) refusal to provide a specimen for 
                the test; or</DELETED>
                <DELETED>    ``(C) other violations of subpart B of 
                part 382 of title 49, Code of Federal Regulations (or 
                any subsequent corresponding regulations).</DELETED>
<DELETED>    ``(l) Definitions.--In this section--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) maintain a record about commercial 
                driver's licenses issued by the State; and</DELETED>
                <DELETED>    ``(B) take action on commercial driver's 
                licenses issued by the State.</DELETED>
        <DELETED>    ``(3) Clearinghouse.--The term `clearinghouse' 
        means the clearinghouse established under subsection 
        (a).</DELETED>
        <DELETED>    ``(4) Commercial motor vehicle operator.--The term 
        `commercial motor vehicle operator' means an individual who--
        </DELETED>
                <DELETED>    ``(A) possesses a valid commercial 
                driver's license issued in accordance with section 
                31308; and</DELETED>
                <DELETED>    ``(B) is subject to controlled substances 
                and alcohol testing under title 49, Code of Federal 
                Regulations.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Medical review officer.--The term `medical 
        review officer' means a licensed physician who is responsible 
        for--</DELETED>
                <DELETED>    ``(A) receiving and reviewing a laboratory 
                result generated under the testing program;</DELETED>
                <DELETED>    ``(B) evaluating a medical explanation for 
                a controlled substances test under title 49, Code of 
                Federal Regulations; and</DELETED>
                <DELETED>    ``(C) interpreting the results of a 
                controlled substances test.</DELETED>
        <DELETED>    ``(7) Secretary.--The term `Secretary' means the 
        Secretary of Transportation.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(9) Testing program.--The term `testing program' 
        means the alcohol and controlled substances testing program 
        required under title 49, Code of Federal 
        Regulations.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis for chapter 313 is 
amended by inserting after the item relating to section 31306 the 
following:</DELETED>

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

<DELETED>SEC. 403. DRUG AND ALCOHOL VIOLATION SANCTIONS.</DELETED>

<DELETED>    Chapter 313 is amended--</DELETED>
        <DELETED>    (1) by redesignating section 31306(f) as 
        31306(f)(1); and</DELETED>
        <DELETED>    (2) by inserting after section 31306(f)(1) the 
        following:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (3) by amending section 31310(d) to read as 
        follows:</DELETED>
<DELETED>    ``(d) Controlled Substance Violations.--The Secretary may 
permanently disqualify an individual from operating a commercial 
vehicle if the individual--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) uses alcohol or a controlled substance, in 
        violation of section 31306, 3 or more times.''.</DELETED>

<DELETED>SEC. 404. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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.</DELETED>

                <DELETED>TITLE V--ENFORCEMENT</DELETED>

<DELETED>SEC. 501. INSPECTION DEMAND AND DISPLAY OF 
              CREDENTIALS.</DELETED>

<DELETED>    (a) Safety Investigations.--Section 504(c) is amended--
</DELETED>
        <DELETED>    (1) by inserting ``, or an employee of the 
        recipient of a grant issued under section 31102 of this title'' 
        after ``a contractor''; and</DELETED>
        <DELETED>    (2) by inserting ``, in person or in writing'' 
        after ``proper credentials''.</DELETED>
<DELETED>    (b) Civil Penalty.--Section 521(b)(2)(E) is amended--
</DELETED>
        <DELETED>    (1) by redesignating subparagraph (E) as 
        subparagraph (E)(i); and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Hazardous Materials Investigations.--Section 
5121(c)(2) is amended by inserting ``, in person or in writing,'' after 
``proper credentials''.</DELETED>
<DELETED>    (d) Commercial Investigations.--Section 14122(b) is 
amended by inserting ``, in person or in writing'' after ``proper 
credentials''.</DELETED>

<DELETED>SEC. 502. OUT OF SERVICE PENALTY FOR DENIAL OF ACCESS TO 
              RECORDS.</DELETED>

<DELETED>    Section 521(b)(2)(E) is amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by striking ``such penalty'' after ``It shall 
        be a defense to'' and inserting ``a penalty''.</DELETED>

<DELETED>SEC. 503. PENALTIES FOR VIOLATION OF OPERATION OUT OF SERVICE 
              ORDERS.</DELETED>

<DELETED>    Section 521(b)(2) is amended by adding at the end the 
following:</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 504. MINIMUM PROHIBITION ON OPERATION FOR UNFIT 
              CARRIERS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 505. MINIMUM OUT OF SERVICE PENALTIES.</DELETED>

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

<DELETED>SEC. 506. IMPOUNDMENT AND IMMOBILIZATION OF COMMERCIAL MOTOR 
              VEHICLES FOR IMMINENT HAZARD.</DELETED>

<DELETED>    Section 521(b) is amended by adding at the end the 
following:</DELETED>
        <DELETED>    ``(15) Impoundment of commercial motor vehicles.--
        </DELETED>
                <DELETED>    ``(A) Enforcement of imminent hazard out-
                of-service orders.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 507. INCREASED PENALTIES FOR EVASION OF 
              REGULATIONS.</DELETED>

<DELETED>    (a) Penalties.--Section 524 is amended--</DELETED>
        <DELETED>    (1) by striking ``knowingly and 
        willfully'';</DELETED>
        <DELETED>    (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,'';</DELETED>
        <DELETED>    (3) by striking ``$200 but not more than $500'' 
        and inserting ``$2,000 but not more than $5,000''; 
        and</DELETED>
        <DELETED>    (4) by striking ``$250 but not more than $2,000'' 
        and inserting ``$2,500 but not more than $7,500''.</DELETED>
<DELETED>    (b) Evasion of Regulation.--Section 14906 is amended--
</DELETED>
        <DELETED>    (1) by striking ``$200'' and inserting ``at least 
        $2,000'';</DELETED>
        <DELETED>    (2) by striking ``$250'' and inserting ``$5,000''; 
        and</DELETED>
        <DELETED>    (3) by inserting after ``a subsequent violation'' 
        the following:</DELETED>
<DELETED>    ``, and may be subject to criminal penalties''.</DELETED>

<DELETED>SEC. 508. FAILURE TO PAY CIVIL PENALTY AS A DISQUALIFYING 
              OFFENSE.</DELETED>

<DELETED>    (a) In General.--Chapter 311 is amended by inserting after 
section 31151 the following:</DELETED>
<DELETED>``Sec. 31152. Disqualification for failure to pay</DELETED>
<DELETED>    ``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.''.</DELETED>
<DELETED>    (b) Technical Amendments.--Section 31310, as amended by 
sections 206 and 310 of this Act, is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (h) through (k) 
        as subsections (i) through (l), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (g) the 
        following:</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (3) in subsection (i), as redesignated, by 
        striking ``Notwithstanding subsections (b) through (g)'' and 
        inserting ``Notwithstanding subsections (b) through 
        (h)''.</DELETED>
<DELETED>    (c) Conforming Amendment.--The analysis of chapter 311 is 
amended by inserting after the item relating to section 31151 the 
following:</DELETED>

<DELETED>``31152. Disqualification for failure to pay.''.

<DELETED>SEC. 509. VIOLATIONS RELATING TO COMMERCIAL MOTOR VEHICLE 
              SAFETY REGULATION AND OPERATORS.</DELETED>

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

<DELETED>SEC. 510. EMERGENCY DISQUALIFICATION FOR IMMINENT 
              HAZARD.</DELETED>

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

<DELETED>SEC. 511. INTRASTATE OPERATIONS OF INTERSTATE MOTOR 
              CARRIERS.</DELETED>

<DELETED>    (a) Prohibited Transportation.--Section 521(b)(5) is 
amended by inserting after subparagraph (B) the following:</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Prohibition on Operation in Interstate Commerce After 
Nonpayment of Penalties.--Section 521(b)(8) is amended--</DELETED>
        <DELETED>    (1) by redesignating subparagraph (B) as 
        subparagraph (C); and</DELETED>
        <DELETED>    (2) by inserting after subparagraph (A) the 
        following:</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 512. ENFORCEMENT OF SAFETY LAWS AND 
              REGULATIONS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 31154. Enforcement of safety laws and 
              regulations</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Venue.--In a civil action under subsection (a)--
</DELETED>
        <DELETED>    ``(1) trial shall be in the judicial district in 
        which the employer, employee, or other person 
        operates;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis of chapter 311 is 
amended by inserting after the item relating to section 31153 the 
following:</DELETED>

<DELETED>``31154. Enforcement of safety laws and regulations.''.

<DELETED>SEC. 513. DISCLOSURE TO STATE AND LOCAL LAW ENFORCEMENT 
              AGENCIES.</DELETED>

<DELETED>    Section 31106(e) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (e) as subsection 
        (e)(1); and</DELETED>
        <DELETED>    (2) by inserting at the end the 
        following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

    <DELETED>TITLE VI--COMPLIANCE, SAFETY, ACCOUNTABILITY</DELETED>

<DELETED>SEC. 601. COMPLIANCE, SAFETY, ACCOUNTABILITY.</DELETED>

<DELETED>    (a) Section 31102 is amended--</DELETED>
        <DELETED>    (1) by amending the section heading to 
        read:</DELETED>
<DELETED>``Sec. 31102. Compliance, safety, and accountability 
              grants'';</DELETED>
        <DELETED>    (2) by amending subsection (a) to read as 
        follows:</DELETED>
<DELETED>    ``(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.'';</DELETED>
        <DELETED>    (3) in subsection (b)--</DELETED>
                <DELETED>    (A) by amending the heading to read as 
                follows:</DELETED>
<DELETED>    ``(b) Motor Carrier Safety Assistance Program.--
'';</DELETED>
                <DELETED>    (B) by redesignating paragraphs (1) 
                through (3) as (2) through (4), respectively;</DELETED>
                <DELETED>    (C) by inserting before paragraph (2), as 
                redesignated, the following:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) making targeted investments to 
                promote safe commercial motor vehicle transportation, 
                including transportation of passengers and hazardous 
                materials;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) adopting and enforcing effective 
                motor carrier, commercial motor vehicle, and driver 
                safety regulations and practices consistent with 
                Federal requirements; and</DELETED>
                <DELETED>    ``(D) assessing and improving statewide 
                performance by setting program goals and meeting 
                performance standards, measures, and 
                benchmarks.'';</DELETED>
                <DELETED>    (D) in paragraph (2), as redesignated--
                </DELETED>
                        <DELETED>    (i) by striking ``make a 
                        declaration of'' in subparagraph (I) and 
                        inserting ``demonstrate'';</DELETED>
                        <DELETED>    (ii) by amending subparagraph (M) 
                        to read as follows:</DELETED>
                <DELETED>    ``(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;'';</DELETED>
                        <DELETED>    (iii) in subparagraph (Q), by 
                        inserting ``and dedicated sufficient resources 
                        to'' between ``established'' and ``a 
                        program'';</DELETED>
                        <DELETED>    (iv) in subparagraph (W), by 
                        striking ``and'' after the semicolon;</DELETED>
                        <DELETED>    (v) by amending subparagraph (X) 
                        to read as follows:</DELETED>
                <DELETED>    ``(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</DELETED>
                        <DELETED>    (vi) by adding after subparagraph 
                        (X) the following:</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    (E) by amending paragraph (4), as 
                redesignated, to read as follows:</DELETED>
        <DELETED>    ``(4) Maintenance of effort.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Average level of state 
                expenditures.--In estimating the average level of State 
                expenditure under subparagraph (A), the Secretary--
                </DELETED>
                        <DELETED>    ``(i) may allow the State to 
                        exclude State expenditures for Government-
                        sponsored demonstration or pilot programs; 
                        and</DELETED>
                        <DELETED>    ``(ii) shall require the State to 
                        exclude State matching amounts used to receive 
                        Government financing under this 
                        subsection.</DELETED>
                <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (4) by redesignating subsection (e) as subsection 
        (h); and</DELETED>
        <DELETED>    (5) by inserting after subsection (d) the 
        following:</DELETED>
<DELETED>    ``(e) New Entrant Safety Assurance Program.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Recipients.--Grants made in support of this 
        program may be provided to States and local 
        governments.</DELETED>
        <DELETED>    ``(3) Federal share.--The Federal share of a grant 
        made under this program is 100 percent.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Border Enforcement.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) High Priority Initiatives.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) are national in scope;</DELETED>
                <DELETED>    ``(B) increase public awareness and 
                education;</DELETED>
                <DELETED>    ``(C) target unsafe driving of commercial 
                motor vehicles and non-commercial motor vehicles in 
                areas identified as high risk crash 
                corridors;</DELETED>
                <DELETED>    ``(D) improve consumer protection and 
                enforcement of household goods regulations;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(F) demonstrate new technologies to 
                improve commercial motor vehicle safety.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Eligible activities.--An eligible activity 
        will be in accordance with criteria that is--</DELETED>
                <DELETED>    ``(A) developed by the Secretary; 
                and</DELETED>
                <DELETED>    ``(B) posted in the Federal Register in 
                advance of the grant application period.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis of chapter 311 is 
amended by striking the item relating to section 31102 and inserting 
the following:</DELETED>

<DELETED>``31102. Compliance, safety, and accountability grants.''.

<DELETED>SEC. 602. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS 
              MANAGEMENT PROGRAM.</DELETED>

<DELETED>    Section 31106(b) is amended--</DELETED>
        <DELETED>    (1) by amending paragraph (3)(C) to read as 
        follows--</DELETED>
                <DELETED>    ``(C) establish and implement a process--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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</DELETED>
        <DELETED>    (2) by striking paragraph (4).</DELETED>

<DELETED>SEC. 603. COMMERCIAL MOTOR VEHICLE DEFINED.</DELETED>

<DELETED>    Section 31101(1) is amended to read as follows:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) has a gross vehicle weight rating or 
                gross vehicle weight of at least 10,001 pounds, 
                whichever is greater;</DELETED>
                <DELETED>    ``(B) is designed or used to transport 
                more than 8 passengers, including the driver, for 
                compensation;</DELETED>
                <DELETED>    ``(C) is designed or used to transport 
                more than 15 passengers, including the driver, and is 
                not used to transport passengers for compensation; 
                or</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 604. DRIVER SAFETY FITNESS RATINGS.</DELETED>

<DELETED>    Section 31144, as amended by section 204 of this Act, is 
amended by adding at the end the following:</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Specific initial and continuing requirements 
        that a driver must comply with to demonstrate safety 
        fitness.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Specific time frames within which the 
        Secretary will determine whether a driver is fit.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) The eligibility criteria for reinstatement, 
        including the remedial measures the unfit driver must take for 
        reinstatement.''.</DELETED>

<DELETED>SEC. 605. UNIFORM ELECTRONIC CLEARANCE FOR COMMERCIAL MOTOR 
              VEHICLE INSPECTIONS.</DELETED>

<DELETED>    (a) In General.--Chapter 311 is amended by adding after 
section 31109 the following:</DELETED>
<DELETED>``Sec. 31110. Withholding amounts for State 
              noncompliance</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis of chapter 311 is 
amended by inserting after the item relating to section 31109 the 
following:</DELETED>

<DELETED>``31110. Withholding amounts for State noncompliance.''.

<DELETED>SEC. 606. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 31104 is amended to read as follows:</DELETED>
<DELETED>``Sec. 31104. Availability of amounts</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Compliance, safety, and accountability 
        grants under section 31102.--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Data and technology grants under section 
        31109.--</DELETED>
                <DELETED>    ``(A) $30,000,000 for fiscal year 2012; 
                and</DELETED>
                <DELETED>    ``(B) $30,000,000 for fiscal year 
                2013.</DELETED>
        <DELETED>    ``(3) Driver safety grants under section 31313.--
        </DELETED>
                <DELETED>    ``(A) $31,000,000 for fiscal year 2012; 
                and</DELETED>
                <DELETED>    ``(B) $31,000,000 for fiscal year 
                2013.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Availability and Reallocation of Amounts.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Deduction for Administrative Expenses.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Allocation Criteria and Eligibility.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Withholding Amounts for State Noncompliance.--
</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(h) Administrative Expenses.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) $250,819,000 for fiscal year 2012; 
                and</DELETED>
                <DELETED>    ``(B) $248,523,000 for fiscal year 
                2013.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(i) Availability of Funds.--</DELETED>
        <DELETED>    ``(1) Period of availability.--The amounts made 
        available under this section shall remain available until 
        expended.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 607. HIGH RISK CARRIER REVIEWS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``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.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 608. DATA AND TECHNOLOGY GRANTS.</DELETED>

<DELETED>    (a) In General.--Section 31109 is amended to read as 
follows:</DELETED>
<DELETED>``Sec. 31109. Data and technology grants</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Eligibility.--To be eligible for a grant to 
implement the requirements of section 31106(b), the State shall design 
a program that--</DELETED>
        <DELETED>    ``(1) links Federal motor carrier safety 
        information systems with the State's motor carrier information 
        systems;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Required Participation.--The Secretary shall require 
States that participate in the program under section 31106 to--
</DELETED>
        <DELETED>    ``(1) comply with the uniform policies, 
        procedures, and technical and operational standards prescribed 
        by the Secretary under section 31106(b);</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis of chapter 311 is 
amended by striking the item relating to section 31109 and inserting 
the following:</DELETED>

<DELETED>``31109. Data and technology grants.''.

<DELETED>SEC. 609. DRIVER SAFETY GRANTS.</DELETED>

<DELETED>    (a) Driver Focused Grant Program.--Section 31313 is 
amended to read as follows:</DELETED>
<DELETED>``Sec. 31313. Driver safety grants</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Commercial Driver's License Program Improvement 
Grants.--</DELETED>
        <DELETED>    ``(1) Program goal.--The Secretary of 
        Transportation may make a grant to a State in a fiscal year--
        </DELETED>
                <DELETED>    ``(A) to comply with the requirements of 
                section 31311;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(D) for commercial driver's license 
                program coordinators;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis of chapter 313 is 
amended by striking the item relating to section 31313 and inserting 
the following:</DELETED>

<DELETED>``31313. Driver safety grants.''.

<DELETED>SEC. 610. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND 
              NETWORKS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) established time frames and milestones for 
        resuming the Commercial Vehicle Information Systems and 
        Networks Program; and</DELETED>
        <DELETED>    (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.</DELETED>

  <DELETED>TITLE VII--MOTORCOACH ENHANCED SAFETY ACT OF 2011</DELETED>

<DELETED>SEC. 701. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 702. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (7) Motor carrier.--The term ``motor carrier'' 
        means--</DELETED>
                <DELETED>    (A) a motor carrier (as defined in section 
                13102(14) of title 49, United States Code); 
                or</DELETED>
                <DELETED>    (B) a motor private carrier (as defined in 
                section 13102(15) of that title).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a bus used in public transportation 
                provided by, or on behalf of, a public transportation 
                agency; or</DELETED>
                <DELETED>    (B) a school bus, including a 
                multifunction school activity bus.</DELETED>
        <DELETED>    (9) Motorcoach services.--The term ``motorcoach 
        services'' means passenger transportation by motorcoach for 
        compensation.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (13) Public transportation.--The term ``public 
        transportation'' has the meaning given the term in section 5302 
        of title 49, United States Code.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (15) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.</DELETED>

<DELETED>SEC. 703. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION, 
              PASSENGER EVACUATION, AND CRASH AVOIDANCE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) providing a warning to the driver when 
                1 or more tires are underinflated;</DELETED>
                <DELETED>    (B) activating in a specified time period 
                after the underinflation is detected; and</DELETED>
                <DELETED>    (C) operating at different vehicle 
                speeds.</DELETED>
<DELETED>    (d) Application of Regulations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Retrofit requirements for existing 
        motorcoaches.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) establish a new deadline for the issuance of 
        the final rule.</DELETED>

<DELETED>SEC. 704. STANDARDS FOR IMPROVED FIRE SAFETY.</DELETED>

<DELETED>    (a) Evaluations.--Not later than 18 months after the date 
of enactment of this Act, the Secretary shall initiate the following 
rulemaking proceedings:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Prevention of, and resistance to, wheel well 
        fires.--The Secretary shall establish requirements--</DELETED>
                <DELETED>    (A) to prevent and mitigate the 
                propagation of wheel well fires into the passenger 
                compartment; and</DELETED>
                <DELETED>    (B) to substantially reduce occupant 
                deaths and injuries from such fires.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Passenger evacuation.--The Secretary shall 
        establish requirements for motorcoaches to be equipped with--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Deadline.--Not later than 42 months after the date of 
enactment of this Act, the Secretary shall--</DELETED>
        <DELETED>    (1) issue final rules in accordance with 
        subsection (a); or</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Committee on Commerce, Science, 
                and Transportation of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Energy and Commerce 
                of the House of Representatives.</DELETED>
<DELETED>    (c) Tire Performance Standard.--Not later than 3 years 
after the date of enactment of this Act, the Secretary shall--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Committee on Commerce, Science, 
                and Transportation of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Energy and Commerce 
                of the House of Representatives.</DELETED>

<DELETED>SEC. 705. OCCUPANT PROTECTION, COLLISION AVOIDANCE, FIRE 
              CAUSATION, AND FIRE EXTINGUISHER RESEARCH AND 
              TESTING.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Collision avoidance systems.--The Secretary 
        shall research and test forward and lateral crash warning 
        systems applications for motorcoaches.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 706. MOTORCOACH REGISTRATION.</DELETED>

<DELETED>    (a) Registration Requirements.--Section 13902(b) is 
amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (1) through (8) as 
        paragraphs (5) through (12), respectively; and</DELETED>
        <DELETED>    (2) by inserting before paragraph (5), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) undergoes a preauthorization safety 
                audit, including verification, in a manner sufficient 
                to demonstrate the ability to comply with Federal rules 
                and regulations, of--</DELETED>
                        <DELETED>    ``(i) a drug and alcohol testing 
                        program under part 40 of title 49, Code of 
                        Federal Regulations;</DELETED>
                        <DELETED>    ``(ii) the carrier's system of 
                        compliance with hours-of-service rules, 
                        including hours-of-service records;</DELETED>
                        <DELETED>    ``(iii) the ability to obtain 
                        required insurance;</DELETED>
                        <DELETED>    ``(iv) driver qualifications, 
                        including the validity of the commercial 
                        driver's license of each driver who will be 
                        operating under such authority;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(vii) safety management 
                        programs, including vehicle maintenance and 
                        repair programs; and</DELETED>
                        <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(B) has been interviewed to review 
                safety management controls and the carrier's written 
                safety oversight policies and practices; and</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (b) Safety Reviews of New Operators.--Section 31144(g)(1) 
is amended by inserting ``transporting property'' after ``each 
operator''.</DELETED>
<DELETED>    (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)''.</DELETED>
<DELETED>    (d) Effective Date.--The amendments made by this section 
shall take effect 1 year after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 707. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE 
              PROVIDERS.</DELETED>

<DELETED>    Section 31144, as amended by sections 204 and 604 of this 
Act, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(j) Periodic Safety Reviews of Providers of Motorcoach 
Services.--</DELETED>
        <DELETED>    ``(1) Safety review.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall--
                </DELETED>
                        <DELETED>    ``(i) determine the safety fitness 
                        of all providers of motorcoach services 
                        registered with the Federal Motor Carrier 
                        Safety Administration; and</DELETED>
                        <DELETED>    ``(ii) assign a safety fitness 
                        rating to each such provider.</DELETED>
                <DELETED>    ``(B) Applicability.--Subparagraph (A) 
                shall apply--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

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

<DELETED>    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.</DELETED>

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

<DELETED>    (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.</DELETED>
<DELETED>    (b) Considerations.--In developing the report under 
subsection (a), the Secretary shall consider--</DELETED>
        <DELETED>    (1) the safety benefits of the requirement 
        described in subsection (a);</DELETED>
        <DELETED>    (2) the scope of the population that would be 
        impacted by such requirement;</DELETED>
        <DELETED>    (3) the cost to the Federal Government and State 
        governments to meet such requirement; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 710. EVENT DATA RECORDERS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 711. SAFETY INSPECTION PROGRAM FOR COMMERCIAL MOTOR 
              VEHICLES OF PASSENGERS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) the risks associated with improperly 
        maintained or inspected commercial motor vehicles designed or 
        used to transport passengers;</DELETED>
        <DELETED>    (2) the effectiveness of existing Federal 
        standards for the inspection of such vehicles in--</DELETED>
                <DELETED>    (A) mitigating the risks described in 
                paragraph (1); and</DELETED>
                <DELETED>    (B) ensuring the safe and proper operation 
                condition of such vehicles; and</DELETED>
        <DELETED>    (3) the costs and benefits of a mandatory State 
        inspection program.</DELETED>

<DELETED>SEC. 712. DISTRACTED DRIVING.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 31155. Regulation of the use of distracting devices in 
              motorcoaches</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The analysis for chapter 311 is 
amended by inserting after the item relating to section 31154 the 
following:</DELETED>

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

<DELETED>SEC. 713. REGULATIONS.</DELETED>

<DELETED>    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.</DELETED>

         <DELETED>TITLE VIII--SAFE HIGHWAYS AND INFRASTRUCTURE 
                         PRESERVATION</DELETED>

<DELETED>SEC. 801. COMPREHENSIVE TRUCK SIZE AND WEIGHT LIMITS 
              STUDY.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) an analysis that quantifies the cost 
                of the impacts in dollars;</DELETED>
                <DELETED>    (B) an analysis of the percentage of 
                trucks operating in excess of the Federal size and 
                weight limits; and</DELETED>
                <DELETED>    (C) an analysis that examines the ability 
                of each State to recover the cost for the 
                impacts;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) examine the relationship between truck 
        performance and crash involvement and its correlation to 
        Federal size and weight limits;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (7) compare and contrast the safety and 
        infrastructure impacts of the Federal limits regarding truck 
        size and weight limits in relation to--</DELETED>
                <DELETED>    (A) six-axle and other alternative 
                configurations of tractor-trailers; and</DELETED>
                <DELETED>    (B) safety records of foreign nations with 
                truck size and weight limits and tractor-trailer 
                configurations that differ from the Federal law and 
                regulations.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 802. COMPILATION OF EXISTING STATE TRUCK SIZE AND WEIGHT 
              LIMIT LAWS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) was authorized under State law on or 
                before the date of enactment of this Act; and</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (2) a list for each State, as applicable, that 
        describes--</DELETED>
                <DELETED>    (A) the size and weight limitations 
                applicable to each segment of the National Highway 
                System in that State as listed under paragraph 
                (1);</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

               <DELETED>TITLE IX--MISCELLANEOUS</DELETED>

<DELETED>SEC. 901. DETENTION TIME STUDY.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (1) examine data collected from driver and vehicle 
        inspections;</DELETED>
        <DELETED>    (2) consult with--</DELETED>
                <DELETED>    (A) motor carriers and drivers, shippers, 
                and representatives of ports and other facilities where 
                goods are loaded and unloaded;</DELETED>
                <DELETED>    (B) government officials; and</DELETED>
                <DELETED>    (C) other parties as appropriate; 
                and</DELETED>
        <DELETED>    (3) provide recommendations to the Secretary for 
        addressing issues identified in the study.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 902. PROHIBITION OF COERCION.</DELETED>

<DELETED>    Section 31136(a) is amended by--</DELETED>
        <DELETED>    (1) striking ``and'' at the end of paragraph 
        (3);</DELETED>
        <DELETED>    (2) striking the period at the end of paragraph 
        (4) and inserting ``; and''; and</DELETED>
        <DELETED>    (3) adding after subsection (4) the 
        following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 903. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.</DELETED>

<DELETED>    (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,''.</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 904. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS.</DELETED>

<DELETED>    (a) Waiver Standards.--Section 31315(a) is amended--
</DELETED>
        <DELETED>    (1) by inserting ``and'' at the end of paragraph 
        (2);</DELETED>
        <DELETED>    (2) by striking paragraph (3); and</DELETED>
        <DELETED>    (3) redesignating paragraph (4) as paragraph 
        (3).</DELETED>
<DELETED>    (b) Exemption Standards.--Section 31315(b)(4) is amended--
</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (2) by amending subparagraph (B) to read as 
        follows:</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (c) Providing Notice of Exemptions to State Personnel.--
Section 31315(b)(7) is amended to read as follows:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Pilot Programs.--Section 31315(c)(1) is amended by 
striking ``in the Federal Register''.</DELETED>
<DELETED>    (e) Report to Congress.--Section 31315 is amended by 
adding after subsection (d) the following:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 905. TRANSPORTATION OF HORSES.</DELETED>

<DELETED>    Section 80502 is amended--</DELETED>
        <DELETED>    (1) in subsection (c), by striking ``This section 
        does not'' and inserting ``Subsections (a) and (b) shall 
        not'';</DELETED>
        <DELETED>    (2) by redesignating subsection (d) as subsection 
        (e);</DELETED>
        <DELETED>    (3) by inserting after subsection (c) the 
        following:</DELETED>
<DELETED>    ``(d) Transportation of Horses.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Motor vehicle defined.--In this subsection, 
        the term `motor vehicle'--</DELETED>
                <DELETED>    ``(A) means a vehicle driven or drawn by 
                mechanical power and manufactured primarily for use on 
                public highways; and</DELETED>
                <DELETED>    ``(B) does not include a vehicle operated 
                exclusively on a rail or rails.''; and</DELETED>
        <DELETED>    (4) in subsection (e), as redesignated--</DELETED>
                <DELETED>    (A) by striking ``A rail carrier'' and 
                inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--A rail carrier'';</DELETED>
                <DELETED>    (B) by striking ``this section'' and 
                inserting ``subsection (a) or (b)''; and</DELETED>
                <DELETED>    (C) by striking ``On learning'' and 
                inserting before ``of a violation'' the 
                following:</DELETED>
        <DELETED>    ``(2) Transportation of horses in multilevel 
        trailer.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Civil action.--On learning''.</DELETED>

       <DELETED>TITLE X--HOUSEHOLD GOODS TRANSPORTATION</DELETED>

<DELETED>SEC. 1001. ADDITIONAL REGISTRATION REQUIREMENTS FOR HOUSEHOLD 
              GOODS MOTOR CARRIERS.</DELETED>

<DELETED>    (a) Section 13902(a)(2) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (B), by striking ``section 
        13702(c);'' and inserting ``section 13702(c); and'';</DELETED>
        <DELETED>    (2) by amending subparagraph (C) to read as 
        follows:</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (3) by striking subparagraph (D).</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect 2 years after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 1002. FAILURE TO GIVE UP POSSESSION OF HOUSEHOLD 
              GOODS.</DELETED>

<DELETED>    (a) Injunctive Relief.--Section 14704(a)(1) is amended by 
striking ``and 14103'' and inserting ``, 14103, and 
14915(c)''.</DELETED>
<DELETED>    (b) Civil Penalties.--Section 14915(a)(1) is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``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.''.</DELETED>

<DELETED>SEC. 1003. SETTLEMENT AUTHORITY.</DELETED>

<DELETED>    (a) Settlement of General Civil Penalties.--Section 14901 
is amended by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Settlement of Household Goods Civil Penalties.--
Section 14915(a) is amended by adding at the end the 
following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 1004. HOUSEHOLD GOODS TRANSPORTATION ASSISTANCE 
              PROGRAM.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) to improve the Federal Motor Carrier Safety 
        Administration's implementation, monitoring, and coordination 
        of Federal and State household goods enforcement 
        activities;</DELETED>
        <DELETED>    (3) to assist a consumer with the timely 
        resolution of an interstate household goods hostage situation, 
        as appropriate; and</DELETED>
        <DELETED>    (4) to conduct other enforcement activities as 
        designated by the Secretary.</DELETED>
<DELETED>    (b) Joint Assistance Program Partnership.--The Secretary--
</DELETED>
        <DELETED>    (1) may partner with 1 or more household goods 
        motor carrier industry groups to implement the joint assistance 
        program under subsection (a); and</DELETED>
        <DELETED>    (2) shall ensure that each participating household 
        goods motor carrier industry group--</DELETED>
                <DELETED>    (A) implements the joint assistance 
                program in the best interest of the consumer;</DELETED>
                <DELETED>    (B) implements the joint assistance 
                program in the public interest;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (D) does not hold itself out or 
                misrepresent itself as an agent of the Federal 
                government;</DELETED>
                <DELETED>    (E) abides by Federal regulations and 
                guidelines for the provision of assistance and receipt 
                of compensation for household goods mover services; 
                and</DELETED>
                <DELETED>    (F) accurately represents the Federal and 
                State remedies that are available to consumers for 
                resolving interstate household goods hostage 
                situations.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1005. HOUSEHOLD GOODS CONSUMER EDUCATION 
              PROGRAM.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) on the use of state-of-the-art education 
        techniques and technologies, including the use of the Internet 
        as an educational tool.</DELETED>
<DELETED>    (b) Task Force Members.--The task force shall be comprised 
of--</DELETED>
        <DELETED>    (1) individuals with expertise in consumer 
        affairs;</DELETED>
        <DELETED>    (2) educators with expertise in how people learn 
        most effectively; and</DELETED>
        <DELETED>    (3) representatives of the household goods moving 
        industry.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Federal Advisory Committee Act Exemption.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the task 
force.</DELETED>
<DELETED>    (e) Termination.--The task force shall terminate 2 years 
after the date of enactment of this Act.</DELETED>

           <DELETED>TITLE XI--TECHNICAL AMENDMENTS</DELETED>

<DELETED>SEC. 1101. UPDATE OF OBSOLETE TEXT.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Section 31151(a) is amended--</DELETED>
        <DELETED>    (1) by amending paragraph (1) to read as 
        follows:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (2) by striking paragraph (4).</DELETED>
<DELETED>    (c) Section 31307(b) is amended by striking ``Not later 
than December 18, 1994, the Secretary shall prescribe'' and inserting 
``The Secretary shall maintain''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 1102. CORRECTION OF INTERSTATE COMMERCE COMMISSION 
              REFERENCES.</DELETED>

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

<DELETED>SEC. 1103. TECHNICAL AND CONFORMING AMENDMENTS.</DELETED>

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

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.

    TITLE XII--SURFACE TRANSPORTATION AND FREIGHT POLICY ACT OF 2011

Sec. 1201. Short title.
Sec. 1202. Establishment of a national surface transportation and 
                            freight policy.
Sec. 1203. Surface transportation and freight strategic plan.
Sec. 1204. Transportation investment data and planning tools.
Sec. 1205. National freight infrastructure investment grants.
Sec. 1206. Port infrastructure development initiative.
Sec. 1207. Office of Freight Planning and Development.
Sec. 1208. Safety for motorized and nonmotorized users.

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 the 
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 issued 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--
            (1) to revise the minimum financial responsibility 
        requirements under sections 31138 and 31139 of title 49, United 
        States Code and
            (2) to revise the bond and insurance requirements under 
        section 13904(d) of such title, as appropriate, based on the 
        findings of the report submitted under subsection (a).
    (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) In General.--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 ``not to exceed $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)(2), as amended by section 103(a) of this Act, 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, 2012, 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 section 
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 any record generated after the 
        clearinghouse is initiated 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 before the period 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 after the 
individual is notified in writing and is given an opportunity to 
respond. 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) In General.--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 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 (4) through (11), respectively; and
            (2) by inserting before paragraph (4), 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)(11)(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 and 
                benefits 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, or the 
                benefits incurred;
            (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, including the impacts on crashes;
            (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, including the 
        impacts resulting from the number of bridge loadings;
            (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'' 
                and inserting ``Surface Transportation Board''; and
                    (B) by striking ``Commission'' 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)(1); and
                    (B) in subsection (b)--
                            (i) by redesignating subsection (b) as 
                        paragraph (2);
                            (ii) by striking ``Liability and Damages 
                        for Exceeding Tariff Rate.--'' and all that 
                        follows through ``A carrier'' and inserting 
                        ``Exceeding tariff rate.--''; and
                            (iii) by striking ``Damages for 
                        violations.--'' in paragraph (1), as 
                        redesignated, and inserting ``Other 
                        violations.--''.
            (2) Section 14705(c) is amended by striking ``14704(b)'' 
        and inserting ``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'' 
                and inserting ``Surface Transportation Board'';
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``Board''; and
                    (C) by striking ``Commission's'' and inserting 
                ``Board's''.
            (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'' 
                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 31103(a) is amended by striking ``section 
31102(b)(1)(E)'' and inserting ``section 31102(b)(2)(E)''.
    (c) Section 31103(b) is amended by striking ``authorized by section 
31104(f)(2)''.
    (d) Section 31309(b)(2) is amended by striking ``31308(2)'' and 
inserting ``31308(3)''.

    TITLE XII--SURFACE TRANSPORTATION AND FREIGHT POLICY ACT OF 2011

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Surface Transportation and Freight 
Policy Act of 2011''.

SEC. 1202. ESTABLISHMENT OF A NATIONAL SURFACE TRANSPORTATION AND 
              FREIGHT POLICY.

    (a) In General.--Subchapter I of chapter 3, as amended by section 
1102 of this Act, is amended--
            (1) by redesignating sections 304 through 306 as sections 
        307 through 309, respectively;
            (2) by redesignating sections 308 and 309 as sections 310 
        and 311, respectively;
            (3) by redesignating sections 303 and 303a as sections 305 
        and 306, respectively; and
            (4) by inserting after section 302 the following:
``Sec. 303. National surface transportation policy
    ``(a) Policy.--It is the policy of the United States to develop a 
comprehensive national surface transportation system that advances the 
national interest and defense, interstate and foreign commerce, the 
efficient and safe interstate mobility of people and goods, and the 
protection of the environment. The system shall be built, maintained, 
managed, and operated as a partnership between the Federal, State, and 
local governments and the private sector and shall be coordinated with 
the overall transportation system of the United States, including the 
Nation's air, rail, pipeline, and water transportation systems. The 
Secretary of Transportation shall be responsible for carrying out this 
policy and for defining the Federal government's role in the system.
    ``(b) Objectives.--The objectives of the policy shall be to 
facilitate and advance--
            ``(1) the improved accessibility and reduced travel times 
        for persons and goods within and between nations, regions, 
        States, and metropolitan areas;
            ``(2) the safety and health of the public;
            ``(3) the security of the Nation and the public;
            ``(4) environmental protection;
            ``(5) energy conservation and security, including reducing 
        transportation-related energy use;
            ``(6) international and interstate freight movement, trade 
        enhancement, job creation, and economic development;
            ``(7) responsible planning to address population 
        distribution and employment and sustainable development;
            ``(8) the preservation and adequate performance of system-
        critical transportation assets, as defined by the Secretary;
            ``(9) reasonable access to the national surface 
        transportation system for all system users, including rural 
        communities;
            ``(10) the sustainable, balanced, and adequate financing of 
        the national surface transportation system; and
            ``(11) innovation in transportation services, 
        infrastructure, and technology.
    ``(c) Goals.--
            ``(1) Specific goals.--The goals of the policy shall be--
                    ``(A) to reduce average per capita peak period 
                travel times on an annual basis;
                    ``(B) to reduce national motor vehicle-related and 
                truck-related fatalities by 50 percent by 2030;
                    ``(C) to reduce national surface transportation 
                delays per capita on an annual basis;
                    ``(D) to improve the access to employment 
                opportunities and other economic activities;
                    ``(E) to increase the percentage of system-critical 
                surface transportation assets, as defined by the 
                Secretary, that are in a state of good repair by 20 
                percent by 2030;
                    ``(F) to improve access to public transportation, 
                intercity passenger rail services, and non-motorized 
                transportation where travel demand warrants;
                    ``(G) to reduce passenger and freight 
                transportation infrastructure-related delays entering 
                into and out of international points of entry on an 
                annual basis;
                    ``(H) to increase travel time reliability on major 
                freight corridors that connect major population centers 
                to freight generators and international gateways on an 
                annual basis;
                    ``(I) to ensure adequate transportation of domestic 
                energy supplies and promote energy security;
                    ``(J) to maintain or reduce the percentage of gross 
                domestic product consumed by transportation costs; and
                    ``(K) to reduce transportation-related impacts on 
                the environment and on communities on an annual basis.
            ``(2) Baselines.--Not later than 2 years after the date of 
        enactment of the Surface Transportation and Freight Policy Act 
        of 2011, the Secretary shall develop baselines for the goals 
        and shall determine appropriate methods of data collection to 
        measure the attainment of the goals.''.
    (b) Freight Policy.--Subchapter I of chapter 3, as amended by 
section 1202(a) of this Act, is amended by adding at the end the 
following:
``Sec. 312. National freight transportation policy.
    ``(a) National Freight Transportation Policy.--It is the policy of 
the United States to improve the efficiency, operation, and security of 
the national transportation system to move freight by leveraging 
investments and promoting partnerships that advance interstate and 
foreign commerce, promote economic competitiveness and job creation, 
improve the safe and efficient mobility of goods, and protect the 
public health and the environment.
    ``(b) Objectives.--The objectives of the policy are--
            ``(1) to target investment in freight transportation 
        projects that strengthen the economic competitiveness of the 
        United States with a focus on domestic industries and 
        businesses and the creation and retention of high-value jobs;
            ``(2) to promote and advance energy conservation and the 
        environmental sustainability of freight movements;
            ``(3) to facilitate and advance the safety and health of 
        the public, including communities adjacent to freight 
        movements;
            ``(4) to provide for systematic and balanced investment to 
        improve the overall performance and reliability of the national 
        transportation system to move freight, including ensuring trade 
        facilitation and transportation system improvements are 
        mutually supportive;
            ``(5) to promote partnerships between Federal, State, and 
        local governments, the private sector, and other transportation 
        stakeholders to leverage investments in freight transportation 
        projects; and
            ``(6) to encourage adoption of operational policies, such 
        as intelligent transportation systems, to improve the 
        efficiency of freight-related transportation movements and 
        infrastructure.''.
    (c) Conforming Amendments.--The table of contents for chapter 3 is 
amended--
            (1) by redesignating the items relating to sections 304 
        through 306 as sections 307 through 309, respectively;
            (2) by redesignating the items relating to sections 308 and 
        309 as sections 310 and 311, respectively;
            (3) by redesignating the items relating to sections 303 and 
        303a as sections 305 and 306, respectively;
            (4) by inserting after the item relating to section 302 the 
        following:

``303. National surface transportation policy.''; and
            (5) by inserting after the item relating to section 311 the 
        following:

``312. National freight transportation policy.''.

SEC. 1203. SURFACE TRANSPORTATION AND FREIGHT STRATEGIC PLAN.

    (a) Surface Transportation and Freight Strategic Plan.--Subchapter 
I of chapter 3, as amended by section 1202 of this Act, is amended by 
inserting after section 303 the following--
``Sec. 304. National surface transportation and freight strategic 
              performance plan.
    ``(a) Development.--Not later than 2 years after the date of 
enactment of the Surface Transportation and Freight Policy Act of 2011, 
the Secretary of Transportation shall develop and implement a National 
Surface Transportation and Freight Performance Plan to achieve the 
policy, objectives, and goals set forth in sections 303 and 312 .
    ``(b) Contents.--The plan shall include--
            ``(1) an assessment of the current performance of the 
        national surface transportation system and an analysis of the 
        system's ability to achieve the policy, objectives, and goals 
        set forth in sections 303 and 312;
            ``(2) an analysis of emerging and long-term projected 
        trends, including economic and national trade policies, that 
        will impact the performance, needs, and uses of the national 
        surface transportation system, including the system to move 
        freight;
            ``(3) a description of the major challenges to effectively 
        meeting the policy, objectives, and goals set forth in sections 
        303 and 312 and a plan to address such challenges;
            ``(4) a comprehensive strategy and investment plan to meet 
        the policy, objectives, and goals set forth in sections 303 and 
        312, including a strategy to develop the coalitions, 
        partnerships, and other collaborative financing efforts 
        necessary to ensure stable, reliable funding and completion of 
        freight corridors and projects;
            ``(5) initiatives to improve transportation modeling, 
        research, data collection, and analysis, including those to 
        assess impacts on public health, and environmental conditions;
            ``(6) a plan for any reorganization of the Department of 
        Transportation or its agencies necessary to meet the policy, 
        objectives, and goals set forth in sections 303 and 312;
            ``(7) guidelines to encourage the appropriate balance of 
        means to finance the national transportation system to move 
        freight to implement the plan and the investment plan proposed 
        under paragraph (4); and
            ``(8) a list of priority freight corridors and gateways to 
        be improved and developed to meet the policy, objectives, and 
        goals set forth in section 312.
    ``(c) Consultation.--In developing the plan required by subsection 
(a), the Secretary shall--
            ``(1) consult with appropriate Federal agencies, local, 
        State, and tribal governments, public and private 
        transportation stakeholders, non-profit organizations 
        representing transportation employees, appropriate foreign 
        governments, and other interested parties;
            ``(2) consider on-going Federal, State, and corridor-wide 
        transportation plans;
            ``(3) provide public notice and hearings and solicit public 
        comments on the plan, and
            ``(4) as appropriate, establish advisory committees to 
        assist with developing the plan.
    ``(d) Submittal and Publication.--The Secretary shall--
            ``(1) submit the completed plan to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives; and
            ``(2) post the completed plan on the Department of 
        Transportation's public web site.
    ``(e) Progress Reports.--The Secretary shall submit biennial 
progress reports on the implementation of the plan beginning 2 years 
after the date of submittal of the plan under subsection (d)(1). Each 
progress report shall--
            ``(1) describe progress made toward fully implementing the 
        plan and achieving the policies, objectives, and goals 
        established under sections 303 and 312;
            ``(2) describe challenges and obstacles to full 
        implementation;
            ``(3) describe updates to the plan necessary to reflect 
        changed circumstances or new developments; and
            ``(4) make policy and legislative recommendations the 
        Secretary believes are necessary and appropriate to fully 
        implement the plan.
    ``(f) Data.--The Secretary shall have the authority to conduct 
studies, gather information, and require the production of data 
necessary to develop or update this plan, consistent with Federal 
privacy standards.
    ``(g) Implementation.--The Secretary shall--
            ``(1) develop appropriate performance criteria and data 
        collections systems for each Federal surface transportation 
        program to evaluate:
                    ``(A) whether such programs are consistent with the 
                policy, objectives, and goals established by sections 
                303 and 312; and
                    ``(B) how effective such programs are in 
                contributing to the achievement of the policy, 
                objectives, and goals established by sections 303 and 
                312;
            ``(2) using the criteria developed under paragraph (1), 
        periodically evaluate each such program and provide the results 
        to the public;
            ``(3) based on the evaluation performed under paragraph 
        (2), make any necessary changes or improvements to such 
        programs to ensure such consistency and effectiveness;
            ``(4) implement this section in a manner that is consistent 
        with sections 302, 5503, 10101, and 13101 of this title and 
        section 101 of title 23 to the extent that such sections do not 
        conflict with the policy, objectives, and goals established by 
        sections 303 and 312;
            ``(5) review, update, and reissue all relevant surface 
        transportation planning requirements to ensure that such 
        requirements require that regional, State, and local surface 
        transportation planning efforts funded with Federal funds are 
        consistent with the policy, objectives, and goals established 
        by this section; and
            ``(6) require States and metropolitan planning 
        organizations to annually report on the use of Federal surface 
        transportation funds, including a description of--
                    ``(A) which projects and priorities were funded 
                with such funds;
                    ``(B) the rationale and method employed for 
                apportioning such funds to the projects and priorities; 
                and
                    ``(C) how the obligation of such funds is 
                consistent with or advances the policy, objectives, and 
                goals established by sections 303 and 312.''.
    (b) Conforming Amendment.--The table of contents for chapter 3 is 
amended by inserting after the item relating to section 303 the 
following:

``304. National surface transportation and freight strategic 
                            performance plan.''.

SEC. 1204. TRANSPORTATION INVESTMENT DATA AND PLANNING TOOLS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall--
            (1) develop new tools or improve existing tools to support 
        an outcome-oriented, performance-based approach to evaluate 
        proposed freight-related and other surface transportation 
        projects. These new or improved tools shall include--
                    (A) a systematic cost-benefit analysis;
                    (B) an evaluation of external effects on 
                congestion, pollution, the environment, and the public 
                health;
                    (C) a valuation of modal alternatives; and
                    (D) other elements to assist in effective 
                transportation planning; and
            (2) facilitate the collection of transportation-related 
        data to support a broad range of evaluation methods and 
        techniques such as demand forecasts, modal diversion forecasts, 
        estimates of the effect of proposed investments on congestion, 
        pollution, public health, and other factors, to assist in 
        making transportation investment decisions. At a minimum, the 
        Secretary, in consultation with other relevant Federal 
        agencies, shall consider any improvements to the Commodity Flow 
        Survey that reduce identified freight data gaps and 
        deficiencies and help evaluate forecasts of transportation 
        demand.
    (b) Consultation.--To the extent practicable, the Secretary shall 
consult with Federal, State, and local transportation planners to 
develop, improve, and implement the tools and collect the data under 
subsection (a).
    (c) Establishment of Pilot Program.--
            (1) Establishment.--To assist in the development of tools 
        under subsection (a) and to inform the National Surface 
        Transportation and Freight Performance Plan required by section 
        304 of title 49, United States Code, the Secretary shall 
        establish a pilot program under which the Secretary shall 
        conduct case studies of States and metropolitan planning 
        organizations that are designed--
                    (A) to provide more detailed, in-depth analysis and 
                data collection with respect to transportation 
                programs; and
                    (B) to apply rigorous methods of measuring and 
                addressing the effectiveness of program participants in 
                achieving national transportation goals.
            (2) Preliminary requirements.--
                    (A) Solicitation.--The Secretary shall solicit 
                applications to participate in the pilot program from 
                States and metropolitan planning organizations.
                    (B) Notification.--A State or metropolitan planning 
                organization that desires to participate in the pilot 
                program shall notify the Secretary of such desire 
                before a date determined by the Secretary.
                    (C) Selection.--
                            (i) Number of program participants.--The 
                        Secretary shall select to participate in the 
                        pilot program--
                                    (I) not fewer than 3, and not more 
                                than 5, States; and
                                    (II) not fewer than 3, and not more 
                                than 5, metropolitan planning 
                                organizations.
                            (ii) Timing.--The Secretary shall select 
                        program participants not later than 3 months 
                        after the date of enactment of this Act.
                            (iii) Diversity of program participants.--
                        The Secretary shall, to the extent practicable, 
                        select program participants that represent a 
                        broad range of geographic and demographic areas 
                        (including rural and urban areas) and types of 
                        transportation programs.
    (d) Case Studies.--
            (1) Baseline report.--Not later than 6 months after the 
        date of enactment of this Act, each program participant shall 
        submit to the Secretary a baseline report that--
                    (A) describes the reporting and data collection 
                processes of the program participant for transportation 
                investments that are in effect on the date of the 
                report;
                    (B) assesses how effective the program participant 
                is in achieving the national surface transportation 
                goals in section 303 of title 49, United States Code;
                    (C) describes potential improvements to the methods 
                and metrics used to measure the effectiveness of the 
                program participant in achieving national surface 
                transportation goals in section 303 of title 49, United 
                States Code, and the challenges to implementing such 
                improvements; and
                    (D) includes an assessment of whether, and specific 
                reasons why, the preparation and submission of the 
                baseline report may be limited, incomplete, or unduly 
                burdensome, including any recommendations for 
                facilitating the preparation and submission of similar 
                reports in the future.
            (2) Evaluation.--Each program participant shall work 
        cooperatively with the Secretary to evaluate the methods and 
        metrics used to measure the effectiveness of the program 
        participant in achieving national surface transportation goals 
        in section 303 of title 49, United States Code, including--
                    (A) by considering the degree to which such methods 
                and metrics take into account--
                            (i) the factors that influence the 
                        effectiveness of the program participant in 
                        achieving the national surface transportation 
                        goals;
                            (ii) all modes of transportation; and
                            (iii) the transportation program as a 
                        whole, rather than individual projects within 
                        the transportation program; and
                    (B) by identifying steps that could be used to 
                implement the potential improvements identified under 
                paragraph (1)(C).
            (3) Final report.--Not later than 18 months after the date 
        of enactment of this section, each program participant shall 
        submit to the Secretary a comprehensive final report that--
                    (A) contains an updated assessment of the 
                effectiveness of the program participant in achieving 
                national surface transportation goals under section 303 
                of title 49, United States Code; and
                    (B) describes the ways in which the performance of 
                the program participant in collecting and reporting 
                data and carrying out the transportation program of the 
                program participant has improved or otherwise changed 
                since the date of submission of the baseline report 
                under subparagraph (A).

SEC. 1205. NATIONAL FREIGHT INFRASTRUCTURE INVESTMENT GRANTS.

    (a) Establishment of Program.--Chapter 55 is amended by adding at 
the end the following:

                 ``SUBCHAPTER III--FINANCIAL ASSISTANCE

``Sec. 5581. National freight infrastructure investment grants.
    ``(a) Establishment of Program.--The Secretary of Transportation 
shall establish a competitive grant program to provide financial 
assistance for capital investments that improve the efficiency of the 
national transportation system to move freight.
    ``(b) Eligible Projects.--An applicant is eligible for a grant 
under this section for--
            ``(1) a port development or improvement project;
            ``(2) a multimodal terminal facility project;
            ``(3) a land port of entry project;
            ``(4) a freight rail improvement or capacity expansion 
        project;
            ``(5) an intelligent transportation system project 
        primarily for freight benefit that reduces congestion or 
        improves safety;
            ``(6) a project that improves access to a port or terminal 
        facility;
            ``(7) a highway project to reduce congestion or improve 
        safety; or
            ``(8) planning, preparation, or design of any project 
        described in paragraph (1), (2), (3), (4), (5), (6), or (7).
    ``(c) Project Selection Criteria.--In determining whether to award 
a grant to an eligible applicant under this section, the Secretary 
shall consider the extent to which the project--
            ``(1) supports the objectives of the National Surface 
        Transportation and Freight Performance Plan developed under 
        section 304;
            ``(2) leverages Federal investment by encouraging non-
        Federal contributions to the project, including contributions 
        from public-private partnerships;
            ``(3) improves the mobility of goods and commodities;
            ``(4) incorporates new and innovative technologies, 
        including freight-related intelligent transportation systems;
            ``(5) improves energy efficiency or reduces greenhouse gas 
        emissions;
            ``(6) helps maintain or protect the environment, including 
        reducing air and water pollution;
            ``(7) reduces congestion;
            ``(8) improves the condition of the freight infrastructure, 
        including bringing it into a state of good repair;
            ``(9) improves safety, including reducing transportation 
        accidents, injuries, and fatalities;
            ``(10) demonstrates that the proposed project cannot be 
        readily and efficiently realized without Federal support and 
        participation; and
            ``(11) enhances national or regional economic development, 
        growth, and competitiveness.
    ``(d) Priority.--The Secretary shall give priority to projects that 
have the highest system performance improvement relative to their 
benefit-cost analysis, as measured by the tools developed under section 
1204 of the Surface Transportation and Freight Policy Act of 2011 and 
those that support domestic manufacturing of goods.
    ``(e) Letters of Intent.--
            ``(1) In general.--The Secretary may issue a letter of 
        intent to an applicant announcing an intention to obligate, for 
        a major capital project under this section, an amount from 
        future available budget authority specified in law that is not 
        more than the amount stipulated as the financial participation 
        of the Secretary in the project.
            ``(2) Written notice.--Not later than 30 days before 
        issuing a letter under paragraph (1), the Secretary shall 
        provide written notice of the proposed letter or agreement to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives. The Secretary shall include 
        with the notification a copy of the proposed letter or 
        agreement, the criteria used under subsection (c) for selecting 
        the project for a grant award, and a description of how the 
        project meets such criteria.
            ``(3) Subject to availability of funds.--An obligation or 
        administrative commitment may be made only when amounts are 
        made available. Each letter of intent shall state that the 
        contingent commitment is not an obligation of the Federal 
        Government, and is subject to the availability of funds under 
        Federal law and to Federal laws in force or enacted after the 
        date of the contingent commitment.
    ``(f) Federal Share of Net Project Cost.--
            ``(1) In general.--Based on engineering studies, studies of 
        economic feasibility, and information on the expected use of 
        equipment or facilities, the Secretary shall estimate the net 
        project cost.
            ``(2) Federal share.--The Federal share of a grant for the 
        project shall not exceed 80 percent of the project net capital 
        cost.
            ``(3) Priority.--The Secretary shall give priority in 
        allocating future obligations and contingent commitments to 
        incur obligations to grant requests seeking a lower Federal 
        share of the project net capital cost.
    ``(g) Cooperative Agreements.--
            ``(1) In general.--An applicant may enter into an agreement 
        with any public, private, or nonprofit entity to cooperatively 
        implement any project funded with a grant under this 
        subchapter.
            ``(2) Forms of participation.--Participation by an entity 
        under paragraph (1) may consist of--
                    ``(A) ownership or operation of any land, facility, 
                vehicle, or other physical asset associated with the 
                project;
                    ``(B) cost-sharing of any project expense or non-
                Federal share of the project cost, including in kind 
                contributions;
                    ``(C) carrying out administration, construction 
                management, project management, project operation, or 
                any other management or operational duty associated 
                with the project; and
                    ``(D) any other form of participation approved by 
                the Secretary.
    ``(h) Oversight Program.--
            ``(1) Establishment.--
                    ``(A) In general.--The Secretary shall establish an 
                oversight program to monitor the effective and 
                efficient use of funds authorized to carry out this 
                section.
                    ``(B) Minimum requirement.--At a minimum, the 
                oversight program shall be responsive to all areas 
                relating to financial integrity and project delivery.
            ``(2) Financial integrity.--
                    ``(A) Financial management systems.--The Secretary 
                shall perform annual reviews that address elements of 
                the applicant's financial management systems that 
                affect projects approved under subsection (a).
                    ``(B) Project costs.--The Secretary shall develop 
                minimum standards for estimating project costs and 
                shall periodically evaluate the practices of applicants 
                for estimating project costs, awarding contracts, and 
                reducing project costs.
            ``(3) Project delivery.--The Secretary shall perform annual 
        reviews that address elements of the project delivery system of 
        an applicant, which elements include 1 or more activities that 
        are involved in the life cycle of a project from conception to 
        completion of the project.
            ``(4) Responsibility of the applicants.--
                    ``(A) In general.--Each applicant shall submit to 
                the Secretary for approval such plans, specifications, 
                and estimates for each proposed project as the 
                Secretary may require.
                    ``(B) Applicant subrecipients.--The applicant shall 
                be responsible for determining that a subrecipient of 
                Federal funds under this section--
                            ``(i) has adequate project delivery systems 
                        for projects approved under this section; and
                            ``(ii) has sufficient accounting controls 
                        to properly manage such Federal funds.
                    ``(C) Periodic review.--The Secretary shall 
                periodically review the monitoring of subrecipients by 
                the applicant.
            ``(5) Specific oversight responsibilities.--Nothing in this 
        section shall affect or discharge any oversight responsibility 
        of the Secretary specifically provided for under this title or 
        other Federal law.
    ``(i) Major Projects.--
            ``(1) In general.--A recipient of a grant for a project 
        under this section with an estimated total cost of $500,000,000 
        or more, and a recipient for such other projects as may be 
        identified by the Secretary, shall submit to the Secretary for 
        each project--
                    ``(A) a project management plan; and
                    ``(B) an annual financial plan.
            ``(2) Project management plan.--A project management plan 
        shall document--
                    ``(A) the procedures and processes that are in 
                effect to provide timely information to the project 
                decisionmakers to effectively manage the scope, costs, 
                schedules, and quality of, and the Federal requirements 
                applicable to, the project; and
                    ``(B) the role of the agency leadership and 
                management team in the delivery of the project.
            ``(3) Financial plan.--A financial plan shall--
                    ``(A) be based on detailed estimates of the cost to 
                complete the project; and
                    ``(B) provide for the annual submission of updates 
                to the Secretary that are based on reasonable 
                assumptions, as determined by the Secretary, of future 
                increases in the cost to complete the project.
    ``(j) Other Projects.--A recipient of Federal financial assistance 
for a project under this title with an estimated total cost of 
$100,000,000 or more that is not covered by subsection (i) shall 
prepare an annual financial plan. Annual financial plans prepared under 
this subsection shall be made available to the Secretary for review 
upon the request of the Secretary.
    ``(k) Other Terms and Conditions.--The Secretary shall determine 
what additional grant terms and conditions are necessary and 
appropriate to meet the requirements of this section.
    ``(l) Regulations.--Not later than 1 year after the date of 
enactment of the Surface Transportation and Freight Policy Act of 2011, 
the Secretary shall prescribe regulations to implement this section.
    ``(m) Applicant Defined.--In this subchapter, the term `applicant' 
includes a State, a political subdivision of a State, a metropolitan 
planning organization, government-sponsored authorities and 
corporations, and the District of Columbia.
    ``(n) Secretarial Oversight.--
            ``(1) In general.--The Secretary may use not more than 1 
        percent of amounts made available in a fiscal year for capital 
        projects under this subchapter to enter into contracts to 
        oversee the construction of such projects.
            ``(2) Permissible uses.--The Secretary may use amounts 
        available under paragraph (1) to make contracts for safety, 
        procurement, management, and financial compliance reviews and 
        audits of a recipient of amounts under paragraph (1).
            ``(3) Cost.--The Federal Government shall pay the entire 
        cost of carrying out a contract under this subsection.''.
    (b) Conforming Amendment.--The table of contents for chapter 55 is 
amended by adding at the end the following:

                ``subchapter iii. financial assistance''

``5581. National freight infrastructure investment grants.''.

SEC. 1206. PORT INFRASTRUCTURE DEVELOPMENT INITIATIVE.

    Section 50302(c)(3)(C) of title 46, United States Code, is amended 
to read as follows:
                    ``(C) Transfers.--Amounts appropriated or otherwise 
                made available for any fiscal year for a marine 
                facility or intermodal facility that includes maritime 
                transportation may be transferred, at the option of the 
                recipient of such amounts, to the Fund and administered 
                by the Administrator as a component of a project under 
                the program.''.

SEC. 1207. OFFICE OF FREIGHT PLANNING AND DEVELOPMENT.

    (a) In General.--Section 102 is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following:
    ``(h) Office of Freight Planning and Development.--
            ``(1) Establishment.--There is established within the 
        Office of the Secretary an Office of Freight Planning and 
        Development. The Office shall--
                    ``(A) coordinate investment of Federal funding to 
                improve the efficiency of the national transportation 
                system to move freight consistent with the policy and 
                objectives of section 312;
                    ``(B) facilitate communication among government, 
                public, and private freight transportation 
                stakeholders;
                    ``(C) support the Secretary in the development of 
                the National Freight Transportation Strategic Plan; and
                    ``(D) carry out other duties, as prescribed by the 
                Secretary.
            ``(2) Organization.--The head of the Office shall be the 
        Assistant Secretary of Freight Planning and Development.''.
    (b) Conforming Amendments.--
            (1) Section 102(e) is amended by striking ``4'' and 
        inserting ``5''.
            (2) Section 5315 of title 5, United States Code, is amended 
        by striking ``(4)'' in the item relating to Assistant 
        Secretaries of Transportation and inserting ``(5)''.

SEC. 1208. SAFETY FOR MOTORIZED AND NONMOTORIZED USERS.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 413. Safety for motorized and nonmotorized users
    ``(a) In General.--Not later than 2 years after the date of 
enactment of the Surface Transportation and Freight Policy Act of 2011, 
subject to subsection (b), the Secretary shall establish standards to 
ensure that the design of Federal surface transportation projects 
provides for the safe and adequate accommodation, in all phases of 
project planning, development, and operation, of all users of the 
transportation network, including motorized and nonmotorized users.
    ``(b) Waiver for State Law or Policy.--The Secretary may waive the 
application of standards established under subsection (a) to a State 
that has adopted a law or policy that provides for the safe and 
adequate accommodation as certified by the State (or other grantee), in 
all phases of project planning and development, of users of the 
transportation network on federally funded surface transportation 
projects, as determined by the Secretary.
    ``(c) Compliance.--
            ``(1) In general.--Each State department of transportation 
        shall submit to the Secretary, at such time, in such manner, 
        and containing such information as the Secretary shall require, 
        a report describing the implementation by the State of measures 
        to achieve compliance with this section.
            ``(2) Determination by secretary.--On receipt of a report 
        under paragraph (1), the Secretary shall determine whether the 
        applicable State has achieved compliance with this section.''.
    (b) Conforming Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by adding at the end the following:

``413. Safety for motorized and nonmotorized users.''.
                                                       Calendar No. 543

112th CONGRESS

  2d Session

                                S. 1950

                          [Report No. 112-238]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 13, 2012

                       Reported with an amendment