[Congressional Record Volume 145, Number 139 (Thursday, October 14, 1999)]
[Senate]
[Pages S12653-S12654]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTERIM CONTINUATION OF MOTOR CARRIER FUNCTIONS BY THE FEDERAL HIGHWAY 
                             ADMINISTRATION

  Mr. SANTORUM. Mr. President, I ask unanimous consent the Senate now 
proceed to the consideration of H.R. 3036, which is at the desk.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 3036) to provide for the interim continuation 
     of motor carrier functions by the Federal Highway 
     Administration.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. HOLLINGS. Mr. President, I rise in support of H.R. 3036. This 
legislation is being considered to remedy language included in section 
338 of the Department of Transportation and Related Agencies 
Appropriations Act, 2000. Contained in the FY 2000 DOT Conference 
Report was a provision that prohibits the enforcement of civil 
penalties against truck and commercial vehicles for safety violations 
until separate legislation is passed to move motor carrier safety 
functions out of the Federal Highway Administration (FHWA). The 
provision would also have the impact of eliminating authority to shut 
down unfit carriers who pose a serious threat to highway safety.
  While it is the intent of the committee to mark up a bill this month, 
it does not make sense to hamstring the agency charged with regulating 
and enforcing safety until the legislative process has taken its 
course. H.R. 3036 passed the House last night under suspension of the 
rules and quick consideration by the Senate today will ensure that the 
enforcement authority for motor carriers will be restored to the DOT. 
As we consider authorizing legislation that will reorganize and 
reprioritize the functions of the Office of Motor Carriers, this 
legislation will enable the federal government to continue to enforce 
important federal truck safety rules.
  This bill is fair in that it provides authority to DOT to continue to 
levy penalties until we finalize legislation on this matter. There are 
pending bills in both bodies, it would be premature to change the 
functions of this critical safety agency prior to the completion of 
properly considered legislation.
  Mr. McCAIN. Mr. President, we must take swift action to remedy a 
serious safety consequence which resulted upon enactment of H.R. 2084, 
the Fiscal Year 2000 Transportation Appropriations Bill, P.L. 106-69 .
  Signed into law last Saturday, section 338 of this law prevents the 
Federal Highway Administration (FHWA) from expending any funds for 
motor carrier safety activities. Although the new law allows the 
Secretary to transfer the safety functions elsewhere, which has already 
occurred, there are some safety activities solely vested in FHWA and 
the Secretary is precluded

[[Page S12654]]

by law from permitting any other entity to carry out those duties. In 
particular, the Department's safety enforcement program has nearly come 
to a halt as a result of the Appropriators' language.
  We must restore the Department's ability to fully enforce our federal 
motor carrier safety regulations. Specifically, we need to restore the 
department's authority to assess civil penalties when safety violations 
have been identified. Currently, the Department can continue to carry 
out inspections, but in most cases has no authority to require a 
carrier to take corrective action. This is like a police officer 
pulling a driver over for speeding, but not being able to write a 
ticket.
  Last Mother's Day, 22 people lost their lives when a charter bus ran 
off the road and crashed. After the accident, the Federal Highway 
Administration imposed the maximum fine against the company that it is 
statutorily authorized to assess. If we do not act, the fine will be 
held in abeyance. How can this be justified? I hope the Appropriators 
are finally the full consequences of this provision which was opposed 
by the authorizing Committees of jurisdiction.
  The DOT Inspector General has repeatedly stated that strong 
enforcement with meaningful sanctions is needed at the Office of Motor 
Carriers. As long as this provision is allowed to stand, there will be 
no fines assessed against violators and efforts to strengthen Federal 
enforcement of motor carrier safety laws will be rendered meaningless.
  Mr. President, the Senate Commerce Committee has been working to 
improve truck safety. Many serious safety gaps have been identified and 
I believe we need to transfer authority for safety to a separate Motor 
Carrier Safety Administration. But, we need to act responsibly. We need 
to allow the authorization process to proceed. We need to put drivers 
and passengers ahead of unreviewed, unexamined quick-fix gimmicks that 
have resulted in very disturbing and likely unintended consequences.
  Last year, a similar attempt was made by the House Appropriations 
Committee to strip FHWA from its authority over motor carrier safety 
matters. As Chairman of the Senate Committee on Commerce, Science, and 
Transportation, which has jurisdiction over most federal transportation 
safety policies, including motor carrier and passenger vehicle safety, 
I opposed this proposal, in part because it had never been considered 
by the authorizing committees of jurisdiction. The provision was 
ultimately not enacted and I pledged that I would work to address motor 
carrier safety concerns in this Congress. I have lived up to this 
commitment.
  At my request, the Inspector General of the Department of 
Transportation conducted a comprehensive analysis of federal motor 
carrier safety activities. Serious safety gaps have been identified, 
and as such, the authorizing Committees of jurisdiction have been 
working to move legislation to improve motor carrier safety. The 
Commerce Committee held a hearing on my specific safety proposal and we 
expect to mark up that measure during the next Executive session. 
Indeed, we are working to move legislation through the regular 
legislative process.
  Public safety could be seriously jeopardized if Congress does not 
take quick action to restore federal motor carrier safety enforcement 
activities. I am aware safety improvements are necessary. I am working 
to pass those needed improvements. But halting motor carrier 
enforcement activities is clearly not in the interest of truck and bus 
safety.
  Mr. President, we cannot allow the destruction of the Federal 
government's motor carrier safety enforcement program. I fully support 
passage of H.R. 3036 to restore the Department's truck safety 
enforcement programs. I urge my colleague to support this much needed 
bill.
  Mr. SANTORUM. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and any statement relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 3036) was passed.

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