[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Senate]
[Pages S10480-S10482]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG:
  S. 1559. A bill to amend title 49, United States Code, to enhance the 
safety of motor carrier operations and the Nation's highway system, 
including highway-rail crossings, by amending existing safety laws to 
strengthen commercial driver licensing, to improve compliance, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.


                    motor carrier safety act of 1999

  Mr. LAUTENBERG. Mr. President, I rise to introduce legislation to 
save lives on our highways the Motor Carrier Safety Act of 1999.
  Every year over 5000 people die due to truck and bus accidents. Since 
1992, violent truck crash fatalities have increased more than 18 
percent. Large trucks are only three percent of the total national 
vehicle fleet--but 22 percent of all passenger vehicle deaths in 
multiple-vehicle crashes involve trucks.
  Whether we share the road with a truck or ride on an interstate bus, 
Americans need to be sure their nation's roads are safe.
  Last December in New Jersey, three intercity buses crashed in five 
days. That accident rate is unacceptable. We can and must prevent these 
accidents with stronger oversight of commercial drivers' licenses and 
the carriers that operate both bus and truck companies.
  Mr. President, my legislation addresses our commercial vehicle death 
epidemic with a multi-faceted approach to combating this problem.
  First, my legislation institutes a strong Commercial Driver's License 
(CDL) program. All convictions for moving violations, whether in a 
commercial vehicle or not, are put on the truck or bus drivers' record. 
A new applicant must have a alcohol and drug free driving record for 3 
years before receiving a CDL. All new drivers would be required to have 
in-vehicle training. It would authorize up to a 5 percent transfer of 
state's Federal highway funds to motor carrier safety programs if a 
state does not institute the new CDL program.
  Second, the legislation focuses on the carriers. All new carriers are 
required to have training on the Federal Motor Carrier Safety 
regulations before they receive authority to operate. To close unsafe 
carriers, they are required to submit information to target high-risk 
operations and the definition of a hazardous carrier is strengthened.
  Third, the installation of on-board recorders or other technologies 
to manage drivers' hours-of-service will be required.
  Fourth, the legislation supports improve data collection and research 
for safety issues including vehicle safety and driver performance, (2) 
improved crash data, and (3) driver compensation and safety.
  Fifth, the legislation funds grassroots safety campaigns to raise 
public awareness of the importance of motor carrier safety and 
discourage drivers from taking safety risks.
  Finally, the legislation has both incentives for the states to 
implement motor carrier safety improvements and rewards to the states 
who improve motor carrier safety fatalities by five percent of the 
previous year.
  Mr. President, we must do more to prevent unnecessary deaths caused 
by the lack of oversight of commercial vehicles.
  With this legislation, citizens will feel more secure about driving 
on our roads and highways.
  I hope that my colleagues will join me in support of this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1559

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

                     TITLE I--MOTOR CARRIER SAFETY

     SEC. 101. SHORT TITLE.

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

     SEC. 102. COMMERCIAL DRIVERS' LICENSES.

       (a) Driver's License Criteria.--Section 31305(a) of title 
     49, United States Code, is amended by--
       (1) striking ``and'' after the semicolon in paragraph (7);
       (2) redesignating paragraph (8) as paragraph (9); and
       (3) adding a new paragraph (8) after paragraph (7) as 
     follows:
       ``(8) shall ensure that an individual who operates or will 
     operate a commercial motor vehicle has received training, 
     including in-vehicle training, in the safe operation of a 
     motor vehicle of the type the individual operates or will 
     operate; and''.
       (b) Moving Traffic Violations.--Section 31311(a) of title 
     49, United States Code, is amended by--
       (1) redesignating paragraph (17) as paragraph (18); and
       (2) adding a new paragraph (17) after paragraph (16) as 
     follows:
       ``(17) The State shall record on a driver's commercial 
     driver's license record each conviction for a moving traffic 
     violation, including such a conviction for a violation 
     committed in a noncommercial motor vehicle.''.
       (c) Drug- or Alcohol-Related Violations.--Section 31311(a) 
     of title 49, United States Code, is further amended by adding 
     a new paragraph at the end as follows:
       ``(19) The State may not issue a commercial driver's 
     license to an individual within 3 years after the date the 
     individual was convicted of any drug- or alcohol-related 
     traffic violation, including a conviction for a violation 
     committed in a noncommercial motor vehicle.''.
       (d) Diversion or Special Licensing Programs.--Section 
     31311(a)(10) of title 49, United States Code, is amended by 
     adding a new sentence at the end as follows: ``The State may 
     not issue a special license or permit to a commercial 
     driver's license holder that permits the driver to drive a 
     commercial motor vehicle during a period in which the 
     individual is disqualified from operating a commercial motor 
     vehicle or the individual's driver's license is revoked, 
     suspended, or canceled.''.
       (e) Transfer of Amounts for State Noncompliance.--(1) 
     Section 31314 of title 49, United States Code, is amended to 
     read as follows:

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

       ``(a) In General.--On October 1, 2001, or as soon 
     thereafter as practicable, and each October 1 thereafter, if 
     a State has not complied substantially with all requirements 
     of section 31311(a) of this title, the Secretary of 
     Transportation shall transfer up to 5 percent of the amount 
     required to be apportioned to the State on that date under 
     each of paragraphs (1), (3), and (4) of section 104(b) of 
     title 23 to the amount made available to the State to carry 
     out section 31102.
       ``(b) Transfer of Obligation Authority.--If the Secretary 
     transfers under this section any funds to the apportionment 
     to a State under section 31102 of this title for a fiscal 
     year, the Secretary shall transfer an equal amount of 
     obligation authority distributed for the fiscal year to the 
     State.
       ``(c) Limitation on Applicability of Obligation 
     Limitation.--Notwithstanding any other provision of law, no 
     limitation on the total of obligations to carry out section 
     31102 of this title shall apply to funds transferred under 
     this section to the apportionment of a State under such 
     section.''.
       (2) Item 31314 in the analysis of chapter 313 of title 49, 
     United States Code, is amended to read as follows:

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

     SEC. 103. SAFETY FITNESS OF OWNERS AND OPERATORS.

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

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

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

     SEC. 105. ON-BOARD RECORDERS.

       (a) Federal Regulations.--The Secretary of Transportation, 
     after notice and opportunity for comment, shall issue 
     regulations requiring, as appropriate, the installation and 
     use of on-board recorders or other technologies on commercial 
     motor vehicles to manage the hours of service of drivers.
       (b) Definitions.--In this section ``commercial motor 
     vehicle'' has the meaning specified in section 31132 of title 
     49, United States Code.
       (c) Deadlines.--The regulations required under subsection 
     (a) of this section shall be

[[Page S10481]]

     developed pursuant to a rulemaking proceeding initiated 
     within 120 days after enactment of this section and shall be 
     issued not later than 2 years after the date of enactment.

     SEC. 106. DRIVER COMPENSATION AND SAFETY STUDY.

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

     SEC. 107. PUBLIC INFORMATION AND EDUCATION.

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

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

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

     SEC. 109. AIDING AND ABETTING.

       (a) Chapter 5 of title 49, United States Code, is amended 
     by inserting the following after section 526:

     ``Sec. 527. Aiding and abetting

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

``527. Aiding and abetting.''.

     SEC. 110. IMMINENT HAZARD.

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

     SEC. 111. INNOVATIVE TRAFFIC LAW PILOT PROGRAM.

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

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

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

     SEC. 113. IMPROVED DATA ANALYSIS SYSTEM.

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

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

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

[[Page S10482]]

              TITLE II--HIGHWAY-RAIL GRADE CROSSING SAFETY

     SEC. 201. SHORT TITLE.

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

     SEC. 202. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS.

       Section 20152 of title 49, United States Code, is amended 
     to read as follows:

     ``Sec. 20152. Emergency notification of grade crossing 
       problems

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

     SEC. 203. VIOLATION OF GRADE CROSSING SIGNALS.

       (a) In General.--Section 20151 of title 49, United States 
     Code, is amended--
       (1) by amending the section heading to read as follows:

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

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

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

     SEC. 204. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY.

       (a) Amendment.--Subchapter II of chapter 201 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 20154. National highway-rail crossing inventory

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

``20154. National highway-rail crossing inventory.''.
       (c) Amendment.--Section 130 of title 23, United States 
     Code, is amended--
       (1) by amending the section heading to read as follows:

     ``Sec. 130. Highway-rail crossings'';

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

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