[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Senate]
[Pages S10422-S10424]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BREAUX:
  S. 1524. A bill to amend title 49, United States Code, to provide for 
the creation of a certification program for Motor Carrier Safety 
Specialist and certain informational requirements in order to promote 
highway safety through a comprehensive review of motor carriers; to the 
Committee on Commerce, Science, and Transportation.


           motor carrier safety specialist certification act

  Mr. BREAUX. Mr. President, I rise to introduce the Motor Carrier 
Safety Specialist Act. The reason for the Act is to ensure that all 
inspectors performing compliance reviews on inter- and intra-state 
motor carriers are certified to a uniform standard and proficiency. 
This Act is in part a response to the recent bus accident in Louisiana 
by Custom Bus Charter, Inc. in which 22 people were killed, and in 
which the driver was found to have marijuana in his system.
  In July 1996, just four months after the Federal Highway 
Administration (``FHWA'') inspected and assigned a Satisfactory rating 
to Customs Bus Charter, Inc., a private company under contract to the 
Department of Defense failed Custom Bus Charter, Inc. for not having a 
drug and alcohol testing program. The absence of a drug and alcohol 
testing program is a FHWA Critical violation for which the carrier 
should have been assigned, at best, a Conditional rating by FHWA. 
Furthermore, 27 percent of motor carriers that were assigned a 
Satisfactory rating by FHWA, failed to enter the DoD program because of 
Critical violations discovered by the DoD contractor. These examples 
demonstrate that FHWA does not have the resources and structure to 
certify inspectors, and that compliance reviews are not always 
performed in a consistent or accurate manner.

[[Page S10423]]

  In addition to inconsistent inspection, FHWA cannot possibly collect 
sufficient safety information on the motor carrier industry. There are 
estimated to be more than 450,000 inter-state motor carriers licensed 
to do business in the U.S. The Federal Highway Administration has the 
resources to conduct only a limited number of compliance reviews 
annually. While they intend to double the current level of inspections, 
this will only bring the total to approximately 8,000 inspections 
annually, less than 2 percent of the estimated motor carrier 
population, with more than twice that amount entering and exiting the 
market. Over 70 percent of existing motor carriers have never been 
inspected by FHWA, and fewer than 5 percent of the inspections 
conducted could be considered current, within the past three years.
  Clearly, the problem is twofold: FHWA is in desperate need of more 
information regarding the compliance level of carriers licensed to do 
business, and, those individuals that collect the information through 
inspections must possess some uniform level of competence and 
consistency. Thus, this Act is needed to certify all Motor Carrier 
Safety Specialists, both in the private and pubic sectors, so that 
these professionals can perform consistent compliance reviews and 
provide safety data on motor carriers to the government, industry, and 
the public. The Act not only provides for certification and training of 
federal motor carrier safety specialists, but state, local, and third-
party safety specialists as well.

  Third-party, private auditors can provide additional information to 
assist FHWA in monitoring carrier performance. Previously, the FHWA has 
not accepted information from private sources because there is no 
certification of their proficiency. The Motor Carrier Safety Specialist 
Certification Board, a non-profit organization, would be formed by 
technical representatives of the transportation industry, for the 
expressed purpose of working with the Secretary of Transportation to 
establish a training and certification program for Motor Carrier Safety 
Specialists and to serve as a clearinghouse for motor carrier data from 
third-party auditors. This follows the policy contained in Office of 
Management and Budget Circular Number A-119 and directs agencies to use 
voluntary standards where possible and the model used successfully by 
the Environmental Protection Agency for referring federally-mandated 
certification to private organizations.
  Further, FHWA needs accurate and current information on motor 
carriers in order to target its resources towards problem carriers. 
Investigations by the General Accounting Office and the Department of 
Transportation's Inspector General found that FHWA motor carrier data 
are inadequate and out-of-date, limiting FHWA's ability to identify and 
target ``at risk'' carriers. Private auditors could provide additional 
information to augment FHWA's database. The Motor Carrier Safety 
Specialist Certification Board would establish a program to collect and 
verify current information on motor carriers, and provide this 
information to the Federal Highway Administration to augment their 
database.
  Finally, the public must play a role in removing unsafe carriers from 
U.S. highways by considering safety first when hiring a motor carrier. 
Simply put, if the public does not hire carriers that have poor safety 
performance, they will be put out of business and off our nation's 
highways. A media campaign must be implemented to educate the public on 
their role in increasing motor carrier safety, and about publicly 
available information systems that provide safety information on motor 
carriers. Two such internet-accessible systems are the publicly-funded 
FHWA SAFER system and the privately funded International Motor Carrier 
Audit Commission (IMCAC).
  This program can be quickly implemented due to the support of 
existing groups that are equipped to carry out training, certification 
and clearinghouse functions, such as the Commercial Vehicle Safety 
Alliance (CVSA) which currently provides certification for roadside 
vehicle inspectors, and the International Motor Carrier Audit 
Commission (IMCAC) which currently provides safety data to the public.
  I ask unanimous consent that the text of this bill be printed into 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1524

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Motor Carrier Safety 
     Specialist Certification Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds the following;
       (1) The Transportation Equity Act for the 21st Century 
     provides for the Secretary of Transportation to work in 
     partnership with States and other political jurisdictions to 
     establish programs to improve motor carrier, commercial motor 
     vehicle, and driver safety, to support a safe and efficient 
     transportation system by focusing resources on strategic 
     safety investments, to promote safe for-hire and private 
     transportation, including transportation of passengers and 
     hazardous materials, to identify high-risk carriers and 
     drivers, and to invest in activities likely to generate 
     maximum reductions in the number and severity of commercial 
     motor vehicle crashes.
       (2) The Department of Transportation's Office of Inspector 
     General Report on the Federal Highway Administration's Motor 
     Carrier Safety Program found that established policies and 
     procedures do not ensure that motor carrier safety 
     regulations are enforced.
       (3) The Report also found that the Safety Status 
     Measurement System (known as ``SafeStat''), which was 
     implemented to identify and target motor carriers with high-
     risk safety records, cannot target all carriers with the 
     worst records because its database is incomplete and 
     inaccurate, and data input is not timely.
       (4) Testimony by the General Accounting Office before the 
     House of Representative's Subcommittee on Transportation and 
     Related Agencies indicated that SafeStat's ability to target 
     high-risk carriers is also limited by out-of-date census 
     data.
       (5) There are no procedures in place to certify Federal, 
     State, and private motor carrier safety specialists and no 
     standards to ensure consistent carrier compliance reviews.
       (6) There are no established protocols for acceptance of 
     data from third-party or non-Federal or non-State motor 
     carrier safety specialists, which detail the safety factors 
     of motor carriers.
       (b) Purpose.--The purpose of this Act is to provide for the 
     creation of a certification program for Motor Carrier Safety 
     Specialists and to establish certain informational 
     requirements in order to promote highway safety through a 
     comprehensive review of motor carriers.

     SEC. 3. CREATION OF A CERTIFICATION PROGRAM FOR MOTOR CARRIER 
                   SAFETY SPECIALISTS.

       (a) In General.--Chapter 311 of title 49, United States 
     Code, is amended by adding at the end thereof the following:
       ``Sec. 31148. Certified motor carrier safety specialists
       ``(a) In General.--The Secretary of Transportation, in 
     consultation with the Motor Carrier Safety Specialist 
     Certification Board, shall establish a program for the 
     training and certification of Federal, State and local 
     government, and nongovernmental motor carrier safety 
     specialists by an organization described in section 501(c)(3) 
     of the Internal Revenue Code of 1986 that is--
       ``(1) exempt from taxation under section 501(c)(1) of such 
     Code established for the exclusive purpose of developing and 
     administering training, testing, and certification procedures 
     for motor carrier safety specialists; and
       ``(2) designated by the Secretary as the entity for 
     carrying out the requirements of this section.
       ``(b) Certified Compliance Review Required.--No safety 
     compliance review under this chapter, or required by this 
     chapter, chapter 315, or the regulations in part 390 of title 
     49, Code of Federal Regulations, more than 3 years after the 
     date of enactment of the Motor Carrier Safety Specialist 
     Certification Act is valid unless it is conducted by a motor 
     carrier safety specialist certified under the program 
     established under subsection (a).''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     311 of title 49, United States Code, is amended by adding at 
     the end thereof the following:
       ``31148. Certified motor carrier safety specialists.''.

     SEC. 4. PHASE-IN OF CERTIFICATION REQUIREMENT.

       (a) Establishment of Program.--The Secretary of 
     Transportation shall establish the program required by 
     section 31148(a) of title 49, United States Code, within 12 
     months after the date of enactment of this Act.
       (b) Certification of Federal Motor Carrier Safety 
     Specialist.--The Secretary shall ensure that--
       (1) within 24 months after the date of enactment of this 
     Act--
       (A) at least 50 percent of the employees of the Department 
     of Transportation who perform reviews to determine compliance 
     of carriers in accordance with regulations promulgated by the 
     Secretary of Transportation, and

[[Page S10424]]

       (B) all State and local government employees who perform 
     such compliance reviews, are certified under the program 
     established under section 31148 of title 49, United States 
     Code; and
       (2) within 36 months after such date, all Federal, State 
     and local employees, and all nongovernmental personnel, 
     performing such compliance review are so certified.

     SEC. 5. CLEARINGHOUSE FUNCTION.

       (a) Verification of Information.--Section 31106(a) of title 
     49, United States Code, is amended by adding at the end the 
     following:
       ``(5) In carrying out the provisions of this section and 
     section 31309, the Secretary shall accept and include 
     information, subject to verification by a clearinghouse 
     designated by the Motor Carrier Safety Specialist 
     certification Board, obtained from non-governmental motor 
     carrier safety specialists certified under section 31148. The 
     Secretary of Transportation shall work with the Motor Carrier 
     Safety Specialist Certification Board and State Governments 
     to establish by January 1, 2001 data exchange protocols that 
     will enable the Secretary of Transportation to process data 
     received from motor carrier safety specialists certified 
     under section 31148.''
       (b) Information Available to Public.--Section 31105(e) of 
     title 49, United States Code, is amended by adding at the end 
     the following:
       ``The Secretary of Transportation shall ensure that 
     information obtained from motor carrier safety specialists 
     certified under section 31148 of title 49 United States Code 
     is made available to the public, in accordance with such 
     policy, in an easily accessible and understandable manner 
     through the clearinghouse designated by the Motor Carrier 
     Safety Specialist Certification Board no later than January 
     1, 2002.''

     SEC. 6. PUBLIC EDUCATION FUNCTION.

       The Secretary of Transportation shall work with the Motor 
     Carrier Safety Specialist Certification Board to establish 
     and carry out a public education campaign to promote the use 
     of safety performance information available under chapter 311 
     of title 49, United States Code, for the purpose of 
     encouraging the use of such information in the decision-
     making process for hiring motor carriers.

     SEC. 7. DEFINITIONS

       Motor Carrier Safety Specialist.--A Motor Carrier Safety 
     Specialist is an individual who:
       (1) is responsible for conducting regulatory compliance 
     reviews and safety inspections of commercial motor carriers;
                                 ______