[Congressional Record Volume 145, Number 164 (Thursday, November 18, 1999)]
[House]
[Pages H12868-H12882]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999

  Mr. SHUSTER. Mr. Speaker, I ask unanimous consent that the Committee 
on Transportation and Infrastructure be discharged from further 
consideration of the bill (H.R. 3419) to amend title 49, United States 
Code, to establish the Federal Motor Carrier Safety Administration, and 
for other purposes, and ask for its immediate consideration in the 
House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  Mr. OBERSTAR. Mr. Speaker, reserving the right to object, I would ask 
the chairman of the committee for an explanation of the bill.
  Mr. SHUSTER. Mr. Speaker, will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from Pennsylvania.
  Mr. SHUSTER. Mr. Speaker, I thank the gentleman for yielding to me.
  This bill creates a new Federal Motor Carrier Safety Administration 
within the Department of Transportation and makes significant safety 
improvements. It is a good bipartisan bill that will improve safety on 
our Nation's highways.
  Mr. Speaker, this bill will make our roads safer for everyone. We owe 
it to the driving public to ensure that the trucks with which they 
share the road are safe.
  Without hampering honest operators, this bill will ensure that the 
authorities will have the resources they need to keep unsafe buses and 
trucks off the road. It closes loopholes and imposes tough penalties on 
repeat offenders.
  This bill doubles the number of State truck inspectors and puts more 
inspectors on the Mexican border to ensure that income Mexican trucks 
meet all U.S. safety standards.
  This is a time-sensitive bill because trucking safety currently does 
not have an organizational home at the Department of Transportation.
  It is temporarily housed in the Office of the Secretary.
  This bill will create a new Federal Motor Carrier Safety 
Administration effective January 1, 2000.
  If Congress does not enact this bill, truck safety will remain in 
limbo at the Department.
  This is truly a comprehensive bill that reforms Federal motor carrier 
safety efforts.
  This new agency will be dedicated to truck and bus safety. In the 
past, motor carrier safety oversight was housed in the Federal Highway 
Administration, where it had to compete with large Federal 
infrastructure programs for attention.
  The complexity and growth of the trucking industry justifies the 
creation of an agency with a clear, preeminent safety mission focused 
on truck and bus safety. Truck safety will now have the same status 
within the Department as aviation safety, automobile safety, pipeline 
safety, and maritime safety.
  When this bill passed last month, some in the media said the bill 
would overturn NAFTA. Amazingly enough, they were wrong. This bill 
gives the Secretary the power to shut down unsafe Mexican trucks coming 
into the U.S.--that is it. To ensure this bill has no effect on NAFTA, 
we have included language that states that nothing in today's bill will 
over-ride NAFTA.
  This is the most significant motor carrier safety legislation since 
1986.
  This bill was developed between the House and the Senate.
  It is very similar to the truck safety bill passed earlier this year 
by the House of Representatives by the overwhelming margin of 415 to 5.
  It is my hope that if the House passes this bill today that the 
Senate will pass it before the Congress adjourns.
  This bill is a pro-safety bill that will improve highway safety for 
all Americans.
  I urge passage of the bill.

[[Page H12869]]

  Mr. OBERSTAR. Mr. Speaker, further reserving the right to object, I 
am very pleased with this bill. The Motor Carrier Safety Improvement 
Act of 1999 is a good bill. It preserves all the strong provisions of 
the bill that passed the House and adds provisions from the Senate bill 
that will further enhance safety. A strong House bill has been made 
even stronger.
  I just want to express my great appreciation to my chairman, my 
partner, and the chairman of the subcommittee, the gentleman from 
Wisconsin (Mr. Petri), and the ranking member, the gentleman from West 
Virginia (Mr. Rahall), but especially to our chairman for championing 
this legislation. This is good legislation. It will only add to the 
gentleman's distinguished record of achievement in this House, 
especially one in the safety arena where he has been so strong an 
advocate.
  Mr. SHUSTER. Mr. Speaker, if the gentleman would further yield, I am 
also submitting an explanatory statement of the bill to be printed in 
the Record. This document has been worked out by the Members on the 
House and Senate sides, by myself, the gentleman from Wisconsin (Mr. 
Petri), the gentleman from Minnesota (Mr. Oberstar), the gentleman from 
West Virginia (Mr. Rahall), as well as Senators McCain and Hollings.
  I would particularly like to emphasize that the gentleman from 
Virginia (Mr. Wolf) certainly played a key role in serving as a 
catalyst to bring this legislation to our attention, and I certainly 
want to commend him for that.
  I also would like to report to the House, as we close this session of 
the Congress, that of the 104 bills signed into law by the President 
thus far, 19 came from our committee. So approximately 20 percent of 
the bills which made their way through to law have come from the 
Committee on Transportation and Infrastructure. Additionally, another 
50 bills, in fact this one will be 51 bills, will make their way 
through the House, and we look forward to many of them becoming law in 
the next session.
  Mr. OBERSTAR. Reclaiming my time, under my reservation, Mr. Speaker, 
I thank the gentleman and concur in that observation.
  Mr. SHUSTER. Mr. Speaker, if the gentleman will yield once again, I 
would be derelict in not noting the tremendous contribution of our 
staff, Jack Schenendorf, Mike Strachn, Roger Nober, Chris Bertram, 
Patti Doersch, Jess Sharp; and on the gentleman's side, Clyde Woodle, 
Rosalyn Millman, who is now acting administrator of NHTSA.
  Everyone worked so hard to bring this bill to where it is today, and 
I want to commend the gentleman and thank him once again for the 
tremendous bipartisan support which we have had on our committee.
  Mr. OBERSTAR. Mr. Speaker, reclaiming my time under my reservation of 
objection, I thank the gentleman and am certainly glad he cited the 
staff, because they certainly have worked hard and cooperatively all 
the way through this legislation.
  The gentleman's statement underscores the success of the Committee on 
Transportation and Infrastructure. In a Congress that has been getting 
a bad rap for gridlock, this committee has worked together and achieved 
an extraordinary record of accomplishment. Just before the August 
break, it was 26 percent of all the bills that have passed the House 
enacted into law were bills from this committee.

                              {time}  2000

  Our percentage has dropped only because other committees have 
awakened and have risen to the challenge and the examples set by the 
Committee on Transportation and Infrastructure. But again, it is due to 
the partnership and the cooperation we have achieved, I think, at the 
level of the chairman and ranking member.
  Mr. Speaker, I rise in strong support of the Motor Carrier Safety 
Improvement Act of 1999. We originally passed this bill on October 14, 
but the Other Body has not completed work on its version of the bill. 
In order to make it possible to send a bill to the President before we 
adjourn, we have worked with the Senate Commerce Committee on a 
bipartisan basis to develop a bill that combines the best features of 
our bill and the companion motor carrier safety bill introduced in the 
Other Body. Our aim is to pass this compromise legislation in both 
Houses prior to adjournment and to send it to the President for his 
signature.
  I am very pleased with the Motor Carrier Safety Improvement Act of 
1999. This is a good bill. It preserves all the strong safety 
provisions in the House bill, and adds provisions from the Senate bill 
that will further enhance safety. A strong House bill has been made 
even stronger.
  I want to commend our Committee Chairman, Mr. Shuster, Chairman Petri 
of the Ground Transportation Subcommittee, and Subcommittee Ranking 
Member Rahall for their diligent efforts in developing this bill. This 
important legislation will give federal government the direction, the 
incentives, and the resources needed to improve the safety of large 
trucks on our highways. Every year, crashes involving large trucks kill 
more than 5,300 people and injure about 130,000 people. On average, 
there are 14 deaths and 350 injuries every day of the year. Unless the 
federal safety program is significantly improved, there will be more 
deaths and injuries as the number of miles traveled by large trucks 
increases. This is not acceptable.
  The Inspector General of the Department of Transportation, the 
General Accounting Office, and Norm Mineta, a former Chairman of our 
Surface Transportation Subcommittee and Full Committee, have concluded 
that the federal government's program to ensure the safety of motor 
carriers has major deficiencies. Their studies found that DOT has not 
been conduction enough commercial vehicle and driver inspections; and 
that the penalties imposed for violations are too low to deter future 
violations.
  The studies also found that DOT rarely completes needed safety 
regulations on time. More than 20 motor carrier safety rulemakings have 
been in process for between three and nine years. These rulemakings 
involve important safety issues such as hours-of-service limits, motor 
carrier permits for carrying hazardous materials, and training 
standards for entry-level drivers.
  DOT's databases are incomplete and unreliable; DOT lacks adequate 
personnel and facilities at our borders; and perceived conflicts of 
interest have undermined the credibility of DOT's research program.
  Since these troubling reports by the IG and others were issued, the 
Secretary of Transportation, to his credit, has taken important steps 
to enhance the effectiveness of the motor carrier safety program. We 
support the Secretary's efforts. The legislation we have written will 
enhance these efforts and give DOT the resources needed to carry out 
the job.
  There are four principles, I believe, that any good motor carrier 
safety bill should include--safety as the primary mission; sound 
credible research as the foundation for policy; vigorous oversight and 
enforcement; and adequate resources. This bill addresses each of these 
principles.
  The bill creates a new Administration, the Federal Motor Carrier 
Safety Administration, without DOT. The bill gives the new 
Administration the direction, the incentives, and the resources it will 
need to improve motor carrier safety. The new Administration will also 
include a regulatory ombudsman, with authority to expedite rulemaking 
by assigning the necessary staff and resolving disagreements within the 
new agency.

  The bill follows the model of the Federal Aviation Act of 1958, which 
established the Federal Aviation Administration to improve aviation 
safety. The bill directs the new Federal Motor Carrier Safety 
Administration to consider the assignment and maintenance of safety as 
the highest priority, recognizing the clear intent, encouragement, and 
dedication of Congress to the furtherance of the highest degree of 
safety in motor carrier transportation.
  The bill requires the Secretary to develop a long-term strategy for 
improving motor carrier safety. Specific, measurable goals must be 
established to carry out the strategy, and estimates of funds and staff 
resources needed to accomplish the goals must be submitted to Congress 
annually.
  The three top officials of the new Administration (the Administrator, 
Deputy Administrator, Chief Safety Officer) and the Administration's 
regulatory ombudsman are each required to sign a performance agreement 
with specific measurable goals to carry out this strategy, including 
increasing the number of inspections and compliance reviews, 
eliminating the backlog in rulemaking and enforcement cases, improving 
the quality and effectiveness of databases, and increasing inspection 
resources at the border. An official's progress toward meeting the 
goals is to be given substantial weight when bonuses and other 
achievement awards are dispersed within the Department.
  The bill will give the Administration the resources it will need to 
do a better job. The bill provides a significant increase in guaranteed 
and authorized funding for motor carrier safety programs. Funding for 
personnel and resources of the new Administration will be 70 percent 
higher (an average of $38 million per year) than current staffing for 
the Office of

[[Page H12870]]

Motor Carrier Safety. The additional funding will enable the Motor 
Carrier Administration to hire more federal inspectors, and more 
attorneys to complete rulemakings. The bill also provides an additional 
$55 million per year of guaranteed funding for motor carrier safety 
grants. In addition, the bill authorizes $75 million per year, subject 
to appropriation, for motor carrier safety grants above the guaranteed 
level.
  The bill makes numerous programmatic changes to improve safety by 
keeping dangerous drivers off the roads and enhancing oversight. The 
bill improves the consistency of Commercial Driver's Licenses by 
closing loopholes in record keeping, establishing tougher penalties for 
crashes that cause fatalities, and authorizing DOT to decertify the CDL 
programs of States that do not comply with national requirements.
  Trucks entering the United States will face more comprehensive 
oversight when DOT implements new staffing standards for inspectors at 
our international borders. Violators of safety laws and regulations 
will face penalties high enough to promote future compliance. Maximum 
fines will be assessed for repeat offenders as well as a pattern of 
violations of our safety laws and regulations.
  A comprehensive study of crash causation along with an enhanced data 
collection effort will help DOT and the States target their education, 
oversight, and enforcement activities to address the most serious 
contributors to crashes.
  I want to again commend Chairmen Shuster and Petri, and Ranking 
Democratic Member Rahall, for their efforts to develop this strong 
motor carrier safety bill. I urge my colleagues to support the bill.
  Mr. Speaker, I include for the Record the following statement from 
Secretary Slater supporting the committee's action and supporting this 
bill:

Statement of U.S. Transportation Secretary Slater Supporting the Motor 
                    Carrier Safety Improvement Bill

       I am gratified that the Congress is moving swiftly to pass 
     the ``Motor Carrier Safety Improvement Act of 1999'' (H.R. 
     3419). This bill would give the U.S. Department of 
     Transportation and states additional tools to significantly 
     improve commercial motor carrier safety across the country 
     and at our borders. President Clinton has made clear that 
     safety is the highest priority for the Department of 
     Transportation. The Administration strongly supports passage 
     of H.R. 3419.
       The leadership of House Transportation and Infrastructure 
     Committee Chairman Bud Shuster and Ranking Member Jim 
     Oberstar, and Senate Commerce Committee Chairman John McCain 
     and Ranking Member Ernest Hollings was critical to this 
     agreement.
       This legislation is truly a broad-based, bipartisan effort 
     and, if enacted, will reduce motor carrier crashes and save 
     lives. It incorporates initiatives from Senate and House 
     proposals; the Administration's proposal; a safety audit by 
     the Department's Inspector General, Kenneth M. Mead; a review 
     conducted for the Department by former House Public Works and 
     Transportation Committee Chairman Norman Y. Mineta; and 
     recommendations from labor, safety groups, industry, and 
     state and local governments.
       The bill would create a new Federal Motor Carrier Safety 
     Administration focused on safety as its highest priority. I 
     support that safety emphasis wholeheartedly and applaud other 
     provisions to increase resources and regulatory and 
     enforcement tools. Among the significant provisions are:
       Commercial Driver's License Program. Comprehensive 
     improvements would be made to the Commercial Driver's License 
     (CDL) program. These would allow the Department and its state 
     partners to more effectively identify problem drivers, take 
     appropriate remedial action, and get high-risk drivers off 
     the road.
       New Entrants. A ``new entrants'' program would permit the 
     Department and states to ensure the safety fitness of newly-
     formed motor carrier companies. New applicants for authority 
     would demonstrate their knowledge of safety regulations, and 
     the Department would be challenged to review the safety of 
     new carriers within the first 18 months of operation.
       Foreign Carriers. The Department would gain strong new 
     sanctions to prevent foreign carriers from operating 
     illegally in the United States. The Department would deny 
     entry to carriers that are not properly registered and impose 
     stiff fines on violators. If carriers operate outside the 
     scope of their registration authority, their trucks would be 
     placed out-of-service at the roadside.
       Data Collection to Target Problems. New data and analysis 
     tools would help the Department determine why truck and bus 
     crashes happen and identify the best prevention measures. 
     H.R. 3419 would fund a major crash causation study and put 
     into place a new system for collecting crash data nationally. 
     The bill would also require motor carriers to update their 
     records with the Department, helping us to focus enforcement 
     resources on carriers that present the greatest safety risk.
       Increased Resources. With passage of this bill, states 
     would receive a major boost in resources to conduct more 
     inspections of vehicles, drivers, and carriers. They would be 
     able to implement innovative new safety countermeasures, keep 
     more complete records on driver violations, and greatly 
     strengthen enforcement programs.
       I urge the Congress to act expeditiously to approve the 
     ``Motor Carrier Safety Improvement Act of 1999.'' I believe 
     we have a singular opportunity now to make major strides 
     toward improving motor carrier safety and achieving the 
     Administration's 50 percent fatality reduction goal. We at 
     the Department look forward to working with all our partners 
     in continuing these critical efforts to save lives and make 
     our nation's highways safer.

  Mr. Speaker, I concur with the statement of the chairman of the 
committee on the remarks and the document that he will include in the 
Record that serve as a joint statement of managers for this 
legislation.
  Mr. SHUSTER. Mr. Speaker, if the gentleman will continue to yield, I 
am submitting for the Record the joint explanatory materials I referred 
to above:

            Introductory Note to Joint Explanatory Materials

       We are pleased to submit the accompanying Joint Explanatory 
     Statement of the Motor Carrier Safety Improvement Act. These 
     materials explain the provisions of the bill in detail. On 
     September 24, the Committee on Transportation and 
     Infrastructure filed its report (H. Rept. 106-333) on H.R. 
     2679, its Motor Carrier Safety Act, to establish a separate 
     motor carrier administration at the Department of 
     Transportation and to make reforms to the commercial driver's 
     license program and related motor carrier safety programs. 
     The House overwhelmingly passed H.R. 2679 on October 14. The 
     Senate introduced S. 1501, the Motor Carrier Safety 
     Improvement Act, in August but took no further action on the 
     bill.
       To expedite enactment of the significant motor carrier 
     safety reforms included in this bill, the leadership of the 
     House Transportation and Infrastructure Committee has worked 
     with the Senate Commerce, Science, and Transportation 
     Committee in developing the bill. This Joint Explanatory 
     Statement therefore represents the views of the Chairmen and 
     Ranking members of the Transportation and Infrastructure 
     Committee and the Ground Transportation Subcommittee, along 
     with the Chairman and Ranking Member of the Senate Commerce 
     Committee.
       This Joint Explanatory Statement will provide legislative 
     history for interpreting this important safety legislation.

Joint Explanatory Statement of The Honorable Bud Shuster, The Honorable 
James Oberstar, The Honorable Thomas Petri, The Honorable Nick Rahall, 
  The Honorable John McCain and The Honorable Ernest Hollings on H.R. 
           3419: Motor Carrier Safety Improvement Act of 1999

     Section 1. Short Title; Table of contents
       The provision provides that this Act may be cited as the 
     ``Motor Carrier Safety improvement Act of 1999.'' The section 
     also includes a table of contents for the bill.
     Sec. 2. Secretary defined
       The provision defines the term ``Secretary'' to mean the 
     Secretary of Transportation.
     Sec. 3. Findings
       The provision makes eight findings on motor carrier safety. 
     Among other findings, Congress finds that the current rate, 
     number, and severity of crashes involving motor carriers are 
     unacceptable; the number of Federal and State motor carrier 
     compliance reviews and commercial motor vehicle and operator 
     inspections is insufficient; civil penalties for violators 
     must be utilized to deter future violations; and meaningful 
     measures to improve safety must be implemented expeditiously 
     to prevent increases in motor carrier crashes, injuries, and 
     fatalities. Congress further finds that proper use of Federal 
     resources is essential to the Department of Transportation's 
     ability to improve its research, rulemaking, oversight, and 
     enforcement activities.
     Sec. 4. Purposes
       The provision lists the purposes of this Act as improving 
     the administration of the Federal motor carrier safety 
     program by establishing a Federal Motor Carrier Safety 
     Administration in the Department of Transportation and by 
     enacting measures to reduce the number and severity of large 
     truck-involved crashes through increased inspections and 
     compliance reviews, stronger enforcement measures, expedited 
     rulemakings, scientifically sound research, and improvements 
     to the commercial driver's license program.


          title i--federal motor carrier safety administration

     Sec. 101. Establishment of Federal Motor Carrier Safety 
         Administration
       Subsection 101(a) adds a new section 113 to title 49, 
     United States Code, to establish, as a separate 
     administration within the Department of transportation, the 
     Federal Motor Carrier Safety Administration (FMCSA). The 
     managers note that Section 101 provides that ``in carrying 
     out its duties, the Administrator shall consider the 
     assignment and maintenance of safety as the highest 
     priority.'' This subsection is modeled on provisions which 
     govern the activities of the Federal Aviation Administration 
     and the Secretary of Transportation's responsibilities

[[Page H12871]]

     for the regulation of air transportation. See 49 U.S.C. 
     40101(a)(1) & (d) and 49 U.S.C. 47101(a)(1). The Managers 
     intend that new section 101 be interpreted and implemented in 
     the same manner as the above-listed provisions in the laws 
     governing aviation.
       The Administration is headed by a Presidentially appointed, 
     Senate-confirmed Administrator with professional experience 
     in motor carrier safety; a Deputy Administrator appointed by 
     the Secretary with the approval of the President, and a Chief 
     Safety Officer appointed in the competitive service. In 
     addition to any duties and powers prescribed by the 
     Secretary, the Administrator shall carry out the duties and 
     powers related to motor carriers and motor carrier safety set 
     forth in chapters 5, 51, 55, 57, 59, 133 through 149, 311, 
     313, 315, and 317 of title 49, United States Code, and 42 
     U.S.C. 4917.
       Subsection (b) provides dedicated funding for the 
     administrative and research expenses of the FMCSA. This 
     subsection increases funding 70 percent (an average of $38 
     million per year) above the level currently provided within 
     the Federal Highway Administration, to improve the motor 
     carrier safety research, rulemaking, oversight, and 
     enforcement activities transferred to the FMCSA.
       Subsections (c) and (d) make conforming amendments to 
     titles 5 and 49, United States Code.
       Subsection (e) caps the employment level currently at the 
     Office of Motor Carrier Safety at its headquarters location 
     in fiscal year 2000, except for staff transferred to the 
     Office from the Federal Highway Administration, for fiscal 
     year 2000. The cap includes Office of Motor Carrier Safety 
     staff and FHWA transferred employees (FTEs) who were already 
     dedicated to motor carrier safety matters when the Office of 
     Motor Carrier Safety was established in October 1999. It does 
     not preclude further transfers from the FHWA to the FMCSA 
     during fiscal year 2000.
       The Congress has provided additional motor carrier safety 
     funding and expects those resources to be dedicated toward 
     increased motor carrier safety enforcement and inspection 
     activities and to expedite rulemakings. The cost of 
     unnecessary headquarters administrative or overhead 
     positions, including public affairs officers, congressional 
     liaison representatives and other nonsafety-related 
     positions, is not a proper use of the additional authorized 
     funding. These headquarters' officials are not involved in 
     carrying out safety responsibilities such as developing 
     policies and regulations to enforce motor carrier safety 
     laws.
       Subsection (e) requires the Secretary to report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House Committee on Transportation and Infrastructure on 
     the specific FMSCA personnel requested for each of fiscal 
     years 2001, 2002, and 2003. The Secretary's justifications 
     for any additional FMSCA headquarters' administrative or 
     overhead positions shall include detailed descriptions of the 
     specific needs to be addressed by the additional personnel. 
     Such justifications must be submitted to allow sufficient 
     time for the Committees to review the Secretary's request.
       Subsection (f) provides that the authority to promulgate 
     safety standards for commercial motor vehicles and equipment 
     subsequent to initial manufacture is vested in the Secretary 
     of Transportation and may be delegated.
       Subsection (g) requires the Secretary to comply with the 
     requirements of a discretionary departmental regulation, at 
     48 C.F.R. 1252.209-70, concerning the disclosure of conflicts 
     of interest in research contracts, and to include the text of 
     such regulation in each such contract. This requirement is 
     Department wide. This subsection also calls for a study to 
     determine the effectiveness of this requirement. Eliminating 
     or mitigating conflicts of interest will increase the 
     likelihood that the research results will be more widely 
     accepted and therefore be a more acceptable basis for policy 
     decisions.
       The managers note the bill does not establish any specific 
     offices of the FMCSA because the Secretary is best positioned 
     to determine the specific organizational structure of the 
     Administration. The Congress intends for the Secretary to 
     organize the new agency in a manner and structure that 
     adequately reflects the unique demands of passenger vehicle 
     safety, international affairs, and consumer affairs.
     Sec. 102. Revenue aligned budget authority
       Subsection 102(a) amends section 110 of title 23, United 
     States Code, concerning revenue aligned budget authority, to 
     include the motor carrier safety assistance program (MCSAP) 
     in the group of programs for which funding is annually 
     adjusted to correspond to Highway Trust Fund receipts.
       Subsection (b) makes a number of technical and conforming 
     amendments, including the relocation of a second section 110, 
     concerning uniform transferability of Federal-aid highway 
     funds, to a section 126 of title 23, United States Code.
     Sec. 103. Additional funding for Motor Carrier Safety Grant 
         Program
       Subsection 103(a) authorizes an additional $75 million from 
     the Highway Trust Fund for each of fiscal years 2001 through 
     2003 for the motor carrier safety assistance program.
       Subsection (b) amends section 4003 of the Transportation 
     Equity Act for the 21st Century (TEA 21) to increase the 
     amount of guaranteed funding provided in TEA 21 for the motor 
     carrier safety assistance program by the following amounts: 
     $65 million for each of fiscal years 2001 through 2003. This 
     subsection also amends section 1102 of TEA 21 to reduce the 
     obligation ceiling for federal-aid highways and highway 
     safety construction programs by $65 million for each of 
     fiscal years 2001 through 2003.
       Subsection (c) establishes a maintenance of effort 
     requirement for States receiving MCSAP funds under this 
     section. Each State must maintain its spending for MCSAP-
     eligible activities at a level equal to the average annual 
     level of expenditures for MCSAP activities for fiscal years 
     1997, 1998, and 1999.
       Subsection (d) permits the Secretary to provide emergency 
     grants of up to $1 million to a State that is having 
     difficulties in meeting the requirements associated with the 
     commercial driver's license program and is in danger of 
     having its program suspended due to noncompliance.
       Subsection (e) provides that if a State is not in 
     substantial compliance with each requirement of 49 U.S.C. 
     31311, concerning commercial driver's licensing, the 
     Secretary shall withhold any allocation of MCSAP funds 
     authorized under this section. This subsection also provides 
     that it, before June 30 of the fiscal year in which it was 
     found in noncompliance, a State is found by the Secretary to 
     be in substantial compliance with each requirement of section 
     31311 of such title, the Secretary shall allocate to the 
     State the funds withheld under this subsection.
     Sec. 104. Motor carrier safety strategy
       Subsection 104(a) requires the Secretary of Transportation, 
     as part of the Department's existing federally required 
     strategic planning efforts required under GPRA, to develop 
     and implement a long-term strategy, including an annual plan 
     and schedule for improving commercial motor vehicle, 
     operator, and carrier safety, and sets forth four goals to be 
     included in the strategy. The goals are: (1) reducing the 
     number and rates of crashes, injuries, and fatalities 
     involving commercial motor vehicles, (2) improving 
     enforcement and compliance programs, (3) identifying and 
     targeting enforcement at a high-risk carriers, vehicles, and 
     drivers, and (4) improving research.
       Subsection (b) requires that goals be established that are 
     designed to accomplish the safety strategy and that estimates 
     be developed concerning the funding and staffing resources 
     needed to accomplish the goals. By working toward the 
     measurable goals, the Administration will also be progressing 
     toward the strategic goals.
       Subsection (c) requires the submission of the strategy and 
     annual plan with the President's annual budget submission, 
     starting with fiscal year 2001.
       Subsection (d) establishes that for each of the fiscal 
     years 2001 through 2003, the following officials shall enter 
     into annual performance agreements between: (1) the Secretary 
     and the Federal Motor Carrier Safety Administrator; (2) the 
     Administrator and the Deputy Federal Motor Carrier Safety 
     Administrator; (3) the Administrator and the Chief Safety 
     Officer of the Federal Motor Carrier Safety Administration; 
     and (4) the Administrator and the regulatory ombudsman 
     designated by the Administrator. Each of these officials 
     shall enter into a performance agreement that contains the 
     appropriate numeric or measurable goals of the 
     Administration's motor carrier safety strategy.
       The provision requires that the Secretary assess the 
     progress of the officials toward achieving their respective 
     goals, and that the Secretary convey the assessments to the 
     officials, identifying possible future performance 
     improvements. An official's progress toward meeting the goals 
     of a performance agreement is to be given substantial weight 
     by the Secretary when bonuses or other achievement awards are 
     dispersed consistent with the Department's established 
     performance appraisal system.
       Subsection (e) requires that the Secretary and the 
     Administrator of the FMCSA assess the progress of the 
     Administration toward achieving the goals set out in 
     subsection (a) no less frequently than semiannually. The 
     assessment should be conveyed to the employees of the FMCSA, 
     and deficiencies identified. The Secretary is required to 
     report to the Congress the results of the individual and 
     Administration progress assessment annually.
       Subsection (f) requires the Administrator of the FMCSA to 
     designate a regulatory ombudsman to expedite rulemakings in 
     order to meet statutory and internal departmental deadlines.
     Sec. 105. Commercial motor vehicle safety advisory committee
       The provision permits the establishment of a commercial 
     motor vehicle safety advisory committee to provide advice and 
     recommendations on a range of commercial motor vehicle safety 
     issues. Members are appointed by the Secretary and include 
     representatives of industry, drivers, safety advocates, 
     manufacturers, safety enforcement officials, representatives 
     of law enforcement agencies from border States, and other 
     individuals affected by rulemakings. No one interest may 
     constitute a majority. If the Secretary establishes the 
     advisory committee, it should provide advice to the Secretary 
     on commercial motor vehicle safety regulations and other 
     matters relating to activities and functions of the Federal 
     Motor Carrier Safety Administration. The committee will 
     remain in effect until September 30, 2003.
     Sec. 106. Savings provision
       The savings provision is intended to provide for the 
     orderly transfer of personnel and

[[Page H12872]]

     property from the Office of Motor Carrier Safety to the 
     FMCSA. The provision is also intended to ensure that legal 
     documents and requirements that had been in effect on the 
     date of the transfer, and proceedings in effect, will 
     continue as if the Act had not been enacted. The savings 
     provision also provides that lawsuits commenced against the 
     Office of Motor Carrier Safety or its employees, in their 
     official function, continue as if this Act had not been 
     enacted. Further the provision assures the authority of 
     officials of the FMCSA to continue the functions and 
     performances that had been previously performed by officials 
     of the Office of Motor Carrier Safety, and deems any 
     reference to the Office of Motor Carrier Safety, or its 
     predecessors, to apply to the FMCSA.
     Sec. 107. Effective date
       Subsection 107(a) provides that this Act shall take effect 
     on the date of its enactment; except that the amendments made 
     by section 101 which establish the Federal Motor Carrier 
     Safety Administration, shall take effect on January 1, 2000.
       Subsection (b) requires that the President's budget 
     submission for fiscal year 2001 and each fiscal year 
     thereafter reflect the establishment of the Federal Motor 
     Carrier Safety Administration in accordance with this Act.


          title ii--commercial motor vehicle and driver safety

     Sec. 201. Disqualifications
       Subsection 201(a) amends section 31310 of title 49, United 
     States Code, to make a single violation of driving a 
     commercial motor vehicle with a revoked, suspended, or 
     canceled commercial driver's license, or driving while 
     disqualified, a one-year disqualifying offense, and to make a 
     conviction for causing a fatality through the negligent or 
     criminal operation of a commercial motor vehicle a one-year 
     disqualifying offense. This subsection also makes the 
     commission of more than one violation of driving a commercial 
     motor vehicle with a revoked, suspended, or canceled 
     commercial driver's license, or driving while disqualified, a 
     lifetime disqualifying offense, and to make a conviction of 
     more than one offense of causing a fatality through the 
     negligent or criminal operation of a commercial motor vehicle 
     a lifetime disqualifying offense.
       Subsection (b) amends section 31310 to give the Secretary 
     emergency disqualification authority to revoke the commercial 
     driving privileges of an individual upon a determination by 
     the Secretary that allowing the individual to continue to 
     operate a commercial motor vehicle would create an imminent 
     hazard. The Secretary can disqualify an individual under this 
     provision for no more than 30 days without providing notice 
     and an opportunity for a hearing.
       Subsection (b) also amends section 31310 to require the 
     Secretary to issue regulations establishing criteria for 
     disqualifying from operating a commercial motor vehicle an 
     individual who holds a commercial driver's license and who 
     has been convicted of a serious offense involving a vehicle 
     other than a commercial motor vehicle (CMV) resulting in the 
     revocation, cancellation, or suspension of the individual's 
     license, or has been convicted of a drug or alcohol-related 
     offense involving a motor vehicle other than a commercial 
     motor vehicle. The behavior of a CDL holder in operating 
     vehicles other than CMV's is relevant to the CDL holder's 
     fitness to operate a commercial motor vehicle; therefore 
     the Secretary is directed to conduct a rulemaking to 
     determine the appropriate minimum time periods for which a 
     CDL holder should be disqualified, but in no case shall 
     the time periods for which CDL holders are disqualified 
     for such offenses be more stringent than the 
     disqualification periods for offenses involving a 
     commercial motor vehicle.
       Subsection (c) amends section 31301 of title 49, United 
     States Code, to add three offenses to the list of serious 
     traffic violations for which a CDL holder can be disqualified 
     under subsection 31310(e). The new offenses are: driving a 
     CMV without obtaining a CDL; driving a CMV without a CDL in 
     your possession; and driving without a required endorsement. 
     But it shall not be a serious traffic violation if a driver 
     cited for operating a CMV without a license in his or her 
     possession can produce proof, before the time to appear or 
     pay the fine for such citation, that he or she did have a 
     valid CDL at the time of the citation.
       Subsection (d) makes clarifying amendments to section 
     31305(b)(1) of title 49, United States Code.
     Sec. 202. Requirements for State participation
       Subsection 202(a) amends section 31311(a)(6) of title 49, 
     United States Code, to require a State to request, before 
     renewing an individual's CDL, all information about the 
     driving record of such individual from any other State that 
     has issued a driver's license to the individual.
       Subsection (b) amends section 31311(a)(8) of such title to 
     require a State, when notifying the Secretary, the operator 
     of CDLIS, and the issuing State of the disqualification, 
     revocation, suspension, or cancellation of a CDL holder's 
     commercial driver's license, to also notify such entities of 
     the underlying violation that resulted in such 
     disqualification, revocation, suspension, or cancellation.
       Subsection (c) revises 31311(a)(9) of such title to require 
     a State to notify a CDL holder's home State of any violation 
     of traffic laws committed by the CDL holder, not just 
     violations involving a commercial motor vehicle. The 
     subsection also requires a State to notify any State that has 
     issued a driver's license (non-CDL) to an individual of any 
     violation committed while the individual is operating a CMV.
       Subsection (d) amends section 31311(a)(10) of such title to 
     provide that a State may not issue any form of special 
     license or permit, including a provisional or temporary 
     license, to a CDL holder that would permit the CDL holder to 
     drive a CMV during a period in which the CDL holder's license 
     is revoked, suspended, or canceled, or the CDL holder is 
     disqualified from operating a CMV.
       Subsection (e) revises 31311(a)(13) of title 49 to provide 
     that a State may establish penalties, with the Secretary's 
     approval, that are consistent with chapter 313, for 
     violations committed by an individual operating a commercial 
     motor vehicle.
       Subsection (f) adds a new paragraph 31311(a)(18) to title 
     49 to require the State to maintain, as part of its driver 
     information system, a record of each violation of motor 
     vehicle traffic control laws committed by a CDL holder, and 
     to make to such record available upon request to the 
     individual driver, the Secretary, employers, prospective 
     employers. State licensing and law enforcement agencies, and 
     their authorized agents.
       Subsection (g) adds a new paragraph 31311(a)(19) to title 
     49 to prohibit both conviction masking and deferral programs 
     by requiring every State to keep a complete driving record of 
     all violations of traffic control laws (including CMV and 
     non-CMV violations) by any individual to whom it has issued a 
     CDL, and to make each such complete driving record available 
     to all authorized persons and governmental entities having 
     access to such record. This provision provides that a State 
     may not allow information regarding such violations to be 
     masked or withheld in any way from the record of a CDL 
     holder.
       Subsection (g) also adds a new paragraph 31311(a)(20) to 
     title 49 to require each State to comply with the 
     requirements of the regulation issued under 31310(g) of such 
     title.
     Sec. 203. State noncompliance
       Section 203 clarifies the Secretary's authority to shut 
     down a State's CDL program if a State is not substantially 
     complying with Federal CDL requirements. The section permits 
     a CDL holder or applicant to go to another State for 
     licensing or renewal if his/her home state program has been 
     shut down for noncompliance. This provision does not 
     invalidate or otherwise affect commercial driver's licenses 
     issued by a State before the State's CDL program was found to 
     be non-compliant and shut down.
     Sec. 204. Checks before issuance of driver's licenses
       Section 204 amends section 30304 of title 49, United States 
     Code, to require a State, before issuing or renewing any 
     motor vehicle operator's license to an individual, to query 
     both the National Driver Register (NDR) and the commercial 
     driver's license information system (CDLIS). The intent of 
     this provision is to close a loophole in the CDL program 
     identified in the Department of Transportation's CDL 
     Effectiveness Study, whereby a driver currently holding a 
     valid CDL applies for a non-CDL without revealing or 
     surrendering the CDL. Without a check of both NDR and CDLIS, 
     the fact that the driver already holds a CDL at the time of 
     application for a non-CDL can go undetected, thus defeating 
     the fundamental ``one driver, one license'' principle behind 
     the CDL program that prevents drivers from spreading multiple 
     convictions over multiple licenses. The provision also amends 
     section 31311(a)(6) to require that before issuing or 
     renewing a commercial driver's license, the State shall 
     request from any other State that has issued a driver's 
     license to the individual all information about the driving 
     record of the individual.
     Sec. 205. Registration enforcement
       The provision adds new subsection 13902(e) to authorize the 
     Secretary to put a carrier out of service upon finding that 
     the carrier is operating without authority or beyond the 
     scope of its authority. Foreign motor carriers who operate 
     vehicles in the U.S. are not permitted to operate in 
     interstate commerce without evidence of registration in each 
     motor vehicle.
     SEC. 206. Delinquent payment of penalties
       Subsection (a) amends section 13905(c) of title 49, United 
     States Code, to provide that registration of a carrier, 
     broker, or freight forwarder may be suspended, amended, or 
     revoked for failure to pay civil penalty, or arrange and 
     abide by a payment plan, within 90 days of the time specified 
     by order of the Secretary for the payment of such penalty. 
     This provision does not apply to a person unable to pay 
     assessed penalties because a person is a debtor in a case 
     under chapter 11 of title 11, United States Code.
       Subsection (b) amends section 521(b) of title 49, United 
     States Code, to provide that an owner or operator of a 
     commercial motor vehicle who fails to pay an assessed civil 
     penalty or fails to arrange and abide by an acceptable 
     payment plan for such civil penalty, within 90 days of the 
     time specified by order of the Secretary for the payment of 
     such penalty, may not operate in interstate commerce. This 
     provision does not apply to a person unable to pay assessed 
     penalties because the person is a debtor in a case under 
     chapter 11 of title 11, United States. Code.

[[Page H12873]]

     Sec. 207. State cooperation in registration enforcement
       The provision amends section 31102(b) of title 49, United 
     States Code, to clarify that State motor carrier plans shall 
     ensure State cooperation in enforcement of registration and 
     financial responsibility requirements in sections 13902, 
     13906, 31138 and 31139 of such title.
     Sec. 208. Imminent hazard
       The provision revises the definition of imminent hazard in 
     section 521(b)(5)(B) of title 49, United States Code, to 
     refer to a condition that ``substantially increases the 
     likelihood of'' serious injury or death.
     Sec. 209. Household goods amendments
       Subsection 209(a) is a technical amendment to the 
     definition of household goods in section 13102(10)(A) of 
     title 49, United States Code, regarding certain property 
     moving from a store or factory.
       Subsection (b) increases the limit for mandatory 
     arbitration under section 14708(b)(6) of such title from 
     $1,000 to $5,000.
       Subsection (c) requires a General Accounting Office study 
     on the effectiveness of DOT enforcement of household goods 
     consumer protection rules and other potential methods of 
     enforcement, including State enforcement.
     Sec. 210. New motor carrier entrant requirements
       This provision requires the Secretary to initiate a 
     rulemaking to establish minimum requirements for new motor 
     carriers to ensure applicant carriers are knowledgeable about 
     applicable Federal motor carrier safety standards. It 
     requires motor carrier owners and operators who ware granted 
     new operating authority to be reviewed by a safety inspector 
     within eighteen months of commencing operations. The 
     provision requires the Secretary, in establishing the 
     elements of the safety review, to consider the impact on 
     small businesses and to consider establishing alternative 
     locations for conducting such reviews. It also allows the new 
     entrant review requirements to be phased in over time to take 
     into account the availability of certified motor carrier 
     safety auditors and provides for designating new motor 
     carriers as ``new entrants'' until the required review is 
     completed.
     Sec. 211. Certification of safety auditors
       The provision requires the Secretary to complete a 
     rulemaking within one year of enactment to improve training 
     and provide for the certification of motor carrier safety 
     auditors, including private contractors, to conduct safety 
     inspection audits. The provision prohibits private 
     contractors from issuing safety ratings or operating 
     authority, and authorizes the Secretary to decertify any 
     motor carrier safety auditors.
     Sec. 212. Commercial van rulemaking
       This provision requires the Secretary to complete in one 
     year an on-going rulemaking, Docket No. FHWA-99-5710, to 
     determine which small passenger vans should be covered by 
     Federal motor carrier safety regulations. At a minimum, the 
     rulemaking shall apply safety regulations to commercial vans 
     referred to as ``camionetas''--carriers providing 
     international transportation between points in Mexico and 
     points in the United States--and to commercial vans operating 
     in interstate commerce outside commercial zones that have 
     been determined to pose serious safety risks. In no case 
     should the rulemaking be concluded to exempt all small 
     commercial passenger carrying vans.
       The managers note there have been a number of fatal 
     accidents involving small passenger vans known as camionetas 
     particularly in the Southern border States. In an effort to 
     address this safety problem, the Congress has acted on two 
     separate occasions directing the Secretary to apply Federal 
     motor carrier safety regulations to these passenger vans. 
     First, the definition of passenger vans was amended as part 
     of the ICC Termination Act of 1995 with the intent of 
     applying safety regulations to these carriers. However, the 
     Department took no action based on this statutory 
     requirement. Due to the lack of action by the Department to 
     regulate these vehicles, the Congress again directed the 
     Department to apply certain motor carrier safety regulations 
     to those vans in the Transportation Equity Act for the 21st 
     Century (TEA 21). The TEA 21 provision required that all 
     commercial vans carrying more than 8 passengers to be 
     covered by most Federal motor carrier safety rules by June 
     1999, except to the extent DOT exempted operations as it 
     determined appropriate through rulemaking. The Department 
     took no action to even initiate the statutory rulemaking 
     by the June deadline. On September 3, 1999, the Department 
     finally issued a rule but it actually exempted the entire 
     class of vehicles from regulation until further notice. 
     The managers find the Department's blatant 
     misinterpretation of the statute unacceptable. Therefore, 
     a provision has been included in this bill directing the 
     Secretary to finally address this identified safety 
     problems.
     Sec. 213. 24-hour staffing of telephone hotline
       The provision amends section 4017 of TEA 21 to require that 
     the Department's toll-free telephone hotline for reporting 
     safety violations be staffed 24 hours a day, 7 days a week, 
     by individuals knowledgeable about Federal motor carrier 
     safety regulations and procedures. This section also 
     increases the funding authorization for the hotline to the 
     level of the Department of Transportation's estimate of the 
     cost of 24-hour coverage.
     Sec. 214. CDL school bus endorsement
       The provision requires the Secretary to conduct a 
     rulemaking to establish a special CDL endorsement for drivers 
     of school buses. The section requires, at a minimum, that the 
     endorsement (1) include a driving skills test in a school 
     bus, and (2) address proper safety procedures for loading and 
     unloading children, using emergency exits, and traversing 
     highway grade crossings.
     Sec. 215. Medical certificate
       The provision requires the Secretary to initiate a 
     rulemaking to provide for the Federal medical qualification 
     certificate to be made part of the commercial drivers' 
     license.
     Sec. 216. Implementation of inspector general recommendations
       The provision requires the Secretary to implement all the 
     DOT Inspector General's motor carrier safety improvement 
     recommendations contained in the IG's April 1999 report 
     assessing the effectiveness of DOT's motor carrier safety 
     program, except to the extent to which such recommendations 
     are specifically addressed in sections 206, 208, 217, and 222 
     of this Act. These recommendations, found on pages 17, 18, 
     26, and 27 of the IG report, are as follows:
       Recommendations to Improve the Effectiveness of Motor 
     Carrier Safety Enforcement:
       1. Strengthen its enforcement policy by establishing 
     written policy and operating procedures to take strong action 
     against motor carriers with repeat violations of the same 
     acute or critical regulation. Strong enforcement actions 
     would include assessing fines at the statutory maximum 
     amount, the issuance of compliance orders, not negotiating 
     reduced assessments, and when necessary, placing motor 
     carriers out of service.
       2. Remove all administrative restrictions on fines placed 
     in the Uniform Fine Assessment program and increase the 
     maximum fines to the level authorized by TEA-21.
       3. Establish stiffer fines that cannot be considered a cost 
     of doing business and, if necessary, seek appropriate 
     legislation raising statutory penalty ceilings.
       4. Implement a procedure that removes the operating 
     authority from motor carriers that fail to pay civil 
     penalties within 90 days after final orders are issued or 
     settlement agreements are completed.
       5. Establish criteria for determining when a motor carrier 
     poses an imminent hazard.
       6. Require follow-up visit and monitoring of those motor 
     carriers with a less-than-satisfactory safety rating, at 
     varying intervals, to ensure that safety improvements are 
     sustained, or if safety has deteriorated that appropriate 
     sanctions are invoked.
       7. Establish a control mechanism that requires written 
     justification by the OMC State Director when compliance 
     reviews of high-risk carriers are not performed.
       8. Establish a written policy and operating procedures that 
     identify criteria and time frames for closing enforcement 
     cases, including the current backlog.
       Recommendations for Data Enhancement:
       1. Require applicants requesting operating authority to 
     provide the number of commercial vehicles they operate and 
     the number of drivers they employ and require all motor 
     carriers to periodically update this information.
       2. Revise the grant formula and provide incentives through 
     MSCAP grants for states to provide accurate, complete and 
     timely commercial vehicle crash reports, vehicle and driver 
     inspection reports and traffic violation data.
       3. Withhold funds from MCSAP grants for those States that 
     continue to report inaccurate incomplete and untimely 
     commercial vehicle crash data, vehicle and driver inspection 
     data and traffic violation data within a reasonable 
     notification period such as one year.
       4. Initiate a program to train local enforcement agencies 
     for reporting of crash, roadside inspection data including 
     associated traffic violations.
       5. Standardize OMC and NHTSA crash data requirements, crash 
     data collection procedures, and reports.
       6. Obtain and analyze crash causes and fault data as a 
     result of comprehensive crash evaluations to identify safety 
     improvements.
       The provision requires that every 90 days, beginning 90 
     days after enactment, the Secretary provide status reports on 
     the implementation of recommendations. The IG would also be 
     directed to provide the Committees with assessments of the 
     Secretary's progress. The IG report shall include an analysis 
     of the number of violations cited by safety inspectors, the 
     level of fines assessed and collected for such violations, 
     the number of cases in which there are findings of 
     extraordinary circumstances under section 222(c) of this Act, 
     and the circumstances in which such findings are made.
     Sec. 217. Periodic refiling of motor carrier, identification 
         reports
       The provision requires periodic updating, but not more 
     frequently than once every two years, of the Motor Carrier 
     Identification Report, Form MCS-150, filed by each motor 
     carrier conducting operations in interstate or foreign 
     commerce. An initial updating of the information is required 
     within 12 months from enactment of the Act.
     Sec. 218. Border staffing standards
       Subsection 218(a) requires the Secretary to develop and 
     implement appropriate staffing standards for Federal and 
     State motor carrier safety inspectors in international border 
     areas.
       Subsection (b) lists the factors to be considered in 
     developing the staffing standards.

[[Page H12874]]

     These include the volume of traffic, hours of operation of 
     the border facilities, types of commercial motor vehicles 
     (including passenger vehicles) and cargo in the border areas, 
     and the responsibilities of Federal and State inspectors.
       Subsection (c) prohibits the United States and any State 
     from reducing its respective level of motor carrier safety 
     inspectors in an international border area below the level of 
     such inspectors in fiscal year 2000.
       Subsection (d) provides that if, by October 1, 2001, and 
     each fiscal year thereafter, the Secretary has not ensured 
     that appropriate levels of staffing consistent with the 
     staffing standards are deployed in international border 
     areas, the Secretary should allocate five percent of motor 
     carrier safety assistance program funds for border commercial 
     motor vehicle and safety enforcement programs.
     Sec. 219. Foreign motor carrier penalties and 
         disqualifications
       Subsection 219(a) provides for civil penalties and 
     disqualifications for foreign motor carriers that operate, 
     before implementation of the land transportation provisions 
     of NAFTA, without authority outside of a commercial zone.
       Subsection (b) provides that the civil penalty for an 
     intentional violation shall not be more than $10,000 and may 
     include disqualification from operating in U.S. for not more 
     than 6 months.
       Subsection (c) provides that the civil penalty for a 
     pattern of intentional violations shall not be more than 
     $25,000; the carrier shall be disqualified from operating in 
     the U.S., and that such disqualification may be permanent.
       Subsection (d) prohibits any foreign motor carrier from 
     leasing its motor vehicles to any other carrier to transport 
     property in the U.S. during any period in which a suspension, 
     condition, restriction, or limitation imposed under 49 U.S.C. 
     13902(c) applies to the foreign carrier.
       Subsection (e) provides that no provision may be enforced 
     if inconsistent with international agreements.
       Subsection (f) provides that acts committed without 
     knowledge of the carrier or committed unintentionally are not 
     grounds for penalty or disqualification.
     Sec. 220. Traffic law initiative
       The provision permits the Secretary to carry out a program 
     with one or more States to develop innovative methods of 
     improving motor carrier traffic law compliance, including the 
     use of photography and other imaging technologies.
     Sec. 221. State-to-Sate notification of violations data
       The provision requires the Secretary to develop a uniform 
     system to support the electronic transmission of data State-
     to-State on violations of all motor vehicle traffic control 
     laws by individuals possessing a commercial driver's license.
     Sec. 222. Minimum and maximum assessments
       Subsection 222(a) directs the Secretary to ensure that 
     motor carriers operate safely by imposing civil penalties at 
     a level calculated to ensure prompt and sustained compliance 
     with Federal motor carrier safety and commercial driver's 
     license (CDL) laws.
       Subsection (b) recommends the Secretary establish and 
     assess minimum civil penalties for Federal motor carrier 
     safety and CDL violations and requires the Secretary to 
     assess the maximum civil penalty for repeat offenders or a 
     pattern of violations.
       Subsection (c) recognizes that extraordinary circumstances 
     do arise that merit the assessment of civil penalties at a 
     level lower than any level established under subsection (b) 
     of this section. If the Secretary assesses such lower 
     penalties, the Secretary must document the justification for 
     them.
       Subsection (d) requires the Secretary to conduct and submit 
     to Congress a study of the effectiveness of revised civil 
     penalties established in TEA 21 and this Act in ensuring 
     compliance with Federal motor carrier safety and commercial 
     driver's license laws.
     Sec. 223. Motor carrier safety progress report
       The provision directs the Secretary to submit a status 
     report on the Department's progress in achieving its goal of 
     reducing motor carrier fatalities by 50 percent by 2009.
     Sec. 224. Study of commercial motor vehicle crash causation
       Subsection (a) requires the Secretary to conduct a 
     comprehensive study to determine the causes of, and 
     contributing factors to, crashes involving commercial motor 
     vehicles, including vehicles defined in section 31132(1)(B) 
     of title 49, United States Code, and to identify the data 
     requirements needed to improve the Department's and the 
     States' ability to evaluate crashes and crash trends, 
     identify crash causes and contributing factors, and develop 
     safety measures to reduce such crashes.
       Subsection (b) addresses the design of the study, requiring 
     that it yield information to help the Department and the 
     States identify activities likely to lead to significant 
     reductions in commercial motor vehicle-involved crashes 
     including crashes by commercial vans.
       Subsection (c) lists the areas of expertise of the people 
     with whom the Secretary is required to consult in conducting 
     the study.
       Subsection (d) requires the Secretary to provide for public 
     comment on various aspects of the study.
       Subsection (e) requires the Secretary to submit the results 
     of the study to Congress, review the study at least once 
     every five years, and update the study and report as 
     necessary.
       Subsection (f) provides $5 million in contract authority to 
     carry out this section.
     Sec. 225. Data collection and analysis
       This provision directs the Secretary to carry out a program 
     to improve the collection and analysis of data on commercial 
     motor vehicle crashes, including crash causation. NHTSA, in 
     cooperation with the new Federal Motor Carrier Safety 
     Administration, is required to administer the program. It 
     requires NHTSA to integrate driver citation and conviction 
     information and provides $5 million from the FMCSA's 
     administrative takedown to fund this program. This section 
     also provides $5 million in contract authority for 
     information systems under 49 U.S.C. 31106.
     Sec. 226. Drug test results study
       Subsection 226(a) directs the Secretary to conduct a study 
     on the feasibility and merits of having medical review 
     officers or employers report positive drug tests of CDL 
     holders to the State that issued the CDL and requiring all 
     prospective employers, before hiring any driver, to query the 
     State that issued the driver's CDL on whether the State has 
     on record any verified positive controlled substances test on 
     such driver.
       Subsection (b) lists factor to be considered in the study. 
     They are: safeguarding confidentiality of test results; 
     costs, benefits and safety impacts; and whether a process 
     should be established to allow drivers to correct errors and 
     expunge information from their records after a reasonable 
     time.
       Subsection (c) requires the Secretary to issue a report to 
     Congress on the study within two years.
     Sec. 227. Approval of agreements
       Section 227 amends section 13703 of title 49, United States 
     Code, by adding a new requirement to require the Surface 
     Transportation Board to review every five years any agreement 
     for any activities approved under section 13703. The 
     provision also provides for the continuation of any pending 
     cases before the Board, but prohibits certain nationwide 
     agreements.
     Sec. 228. DOT authority
       This section clarifies Congressional intent with respect to 
     the criminal investigative authority of the Department of 
     Transportation Inspector General (IG).
       When the Office of Motor Carrier Safety finds evidence of 
     egregious criminal violations of motor carrier safety 
     regulations through their regulatory compliance efforts, it 
     refers these cases to the IG's Office of Investigations. 
     Recently, a U.S. District Court concluded that an 
     investigation undertaken by the IG exceeded its jurisdiction, 
     see In the Matter of the Search of Northland Trucking Inc. 
     (D.C. Arizona), finding that the motor carrier involved was 
     not a grantee or contractor of the Department, nor was there 
     evidence of collusion with DOT employees. This narrow 
     construction of the IG's authority is not well grounded in 
     law, and the managers are concerned about the adverse impacts 
     the Order could have on IG operations. This provision, 
     therefore, clarifies Congressional intent with respect to the 
     authority of the IG, reaffirming the IG's ability and 
     authority to continue to conduct criminal investigations of 
     parties subject to DOT laws or regulations, whether or not 
     such parties receive Federal funds from the Department.
  Mr. COSTELLO. Mr. Speaker, I rise today in support of H.R. 3419, 
which incorporates H.R. 2679, the Motor Carrier Safety Act. I am 
specially pleased to see that this bill includes provisions for Foreign 
Motor Carrier penalties and disqualifications.
  Mexican-domiciled trucks are operating improperly in the United 
States and violate U.S. statutes by either not obtaining operating 
authority or operating beyond the scope of their authority. About 98% 
of these trucks are limited to operating within the commercial zones 
along the four southern border states, but Mexican trucks have been 
found as far away as Washington, New York and my home state of 
Illinois.
  Mr. Speaker, in FY98, there were almost 24,000 safety inspections 
performed on drivers and/or vehicles of Mexico domiciled trucks. Forty 
one percent of these trucks failed to meet U.S. safety requirements, 
and were placed out of service for safety violations. Clearly, it is 
imperative that we keep these unsafe trucks off our highways.
  Current law provides for only a $500 fine for those trucks operating 
where they are not suppose to. This bill will increase penalties for 
those trucks that operate without authority, raising the fines to a 
$10,000 fine and six month suspension maximum for the first offense and 
a $25,000 fine and possibly permanent suspension for subsequent 
offenses, a measure I strongly support.
  I believe that this will minimize the number of unsafe trucks on our 
highways, ensuring safer roads for everybody. By moving the Office of 
Motor Carriers from the Federal Highway Administration, it is my hope 
that the Office will have the power to enforce compliance to this 
legislation.
  I urge my colleague to join me in supporting this bill.
  Mr. WOLF. Mr. Speaker, I rise in support of the bill offered by the 
gentleman from Pennsylvania. The Motor Carrier Safety Improvement Act 
of 1999 forms a new motor carrier

[[Page H12875]]

safety administration that is charged with improving motor carrier 
safety from its current deplorable state. This bill also includes a 
number of needed changes to the commercial drivers license program and 
motor carrier operations along our southern border. This is a good 
beginning.
  For the past year, the House Appropriations Committee, and the 
Transportation and Infrastructure Committee, have been reviewing a 
variety of truck safety issues. What we found was appalling. The Office 
of Motor Carriers, which until recently has been housed within the 
Federal Highway Administration, has allowed motor carrier safety to 
decline dramatically. Last year 5,374 people died in truck related 
accidents. The year before that, 5,398 people died--a decade high. 
During this same period, safety reviews on trucking companies dropped 
from 5 per month to one per month, and civil penalties declined to 
$1,600. Because of this, and other problems, the Department of 
Transportation Inspector General, the chairman of the National 
Transportation Safety Board, trucking representatives, the law 
enforcement community, and safety advocates all agree that the Office 
of Motor Carriers has been ineffective in reducing trucking accidents 
and fatalities.
  The bill before you will address many of the problems found by 
Congress and these groups. It will strengthen truck safety activities 
both at the federal and at the state levels. As noted, it creates a new 
safety administration, which as its name implies, will be focused on 
safety. It is critical Mr. Speaker, that the Secretary appoint a good 
and decent person to the position of administrator, who will focus on 
safety first, making it their daily goal to reduce the number of truck 
related fatalities on our nation's highways. This person should not 
only be knowledgeable in the area of truck safety but be free of any 
conflicts of interest.
  Finally, Mr. Speaker, I'd like to express my appreciation, and that 
of the nation, to the gentleman from Pennsylvania for moving this bill. 
Because of his efforts, along with those of the gentlemen from 
Wisconsin, Minnesota and West Virginia, thousands of families across 
the country will be spared that terrible phone call informing them that 
a relative has been involved in an accident. I want the world to know 
Mr. Speaker, that because of Mr. Shuster's leadership on this issue, 
America's highways will be safer. He deserves our thanks.
  Mr. MENENDEZ. Mr. Speaker, this bill makes our roads for drivers, 
passengers, and pedestrians. For too long, the Department of 
Transportation has neglected commercial passenger van safety. When the 
Transportation Equity Act for the 21st Century passed, I thought the 
DOT would address this issue because that was the intent of Section 
4008 in the bill. Unfortunately, the DOT did not meet this intent since 
they chose to delay the application of Federal Motor Carrier Safety 
regulations to for-profit commercial passenger vans.
  I am pleased that this bill forces the Department of Transportation 
to complete its rulemaking and not exempt all for-profit commercial 
passenger van operators from the final rule when it is issued.
  Another problem we have and that the bill addresses is the lack of 
data and information on the causes of and contributing factors to 
crashes involving commercial motor vehicles, specifically for-profit 
commercial passenger vans, regardless of where they originate. We have 
provided the DOT with the resources and guidance to complete a 
comprehensive study on this issue. It is my hope that this national 
study will give special attention to metropolitan areas like northern 
New Jersey.
  I want to thank the Chairman, Mr. Shuster, and the Ranking Member, 
Mr. Oberstar, on these two important provisions which will lead to 
safer travel for all those who use our roads.
  Mr. PETRI. Mr. Speaker, H.R. 3419--the Motor Carrier Safety 
Improvement Act of 1999--is a comprehensive bill that will improve 
truck and bus safety by strengthening Federal and State safety 
programs.
  The bill creates a new Federal Motor Carrier Safety Administration 
within the U.S. Department of Transportation (DOT) on January 1, 2000; 
increases funding from the Highway Trust Fund for Federal and State 
safety efforts; and, closes loopholes in the Commercial Driver's 
License (CDL) program.
  For example, the bill gives the Secretary emergency authority to 
revoke the license of a truck or bus driver found to constitute an 
imminent hazard.
  The Federal Motor Carrier Safety Administration is given increased 
funding for safety to allow for growth in the number of safety 
inspectors and in safety research.
  The bill guarantees $195 million over the next three years from the 
Highway Trust Fund for motor carrier safety grants. These grants fund 
State safety enforcement efforts. The bill also contains a number of 
programmatic reforms, including the closing of loopholes in the 
Commercial Driver's License, setting standards for fines, and improving 
border safety efforts.
  I am submitting a Joint Explanatory Statement on the bill that 
explains the provisions of the bill in more detail.
  It is critical that Congress enact this legislation before the end of 
the session since trucking safety functions of the Department are 
temporarily housed in the Office of the Secretary.
  If we don't pass this legislation, I am afraid that this 
organizational limbo will continue.
  The bill is very similar to the bill that passed the House earlier 
this year by a vote of 415 to 5, which had bipartisan support in 
Committee.
  This is an important bill, that truly will improve highway safety. I 
urge passage of this legislation.
  Mr. OBERSTAR. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                               H.R. 3419

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Motor 
     Carrier Safety Improvement Act of 1999''.
       (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
Sec. 3. Findings.
Sec. 4. Purposes.

          TITLE I--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

Sec. 101. Establishment of Federal Motor Carrier Safety Administration.
Sec. 102. Revenue aligned budget authority.
Sec. 103. Additional funding for motor carrier safety grant program.
Sec. 104. Motor carrier safety strategy.
Sec. 105. Commercial motor vehicle safety advisory committee.
Sec. 106. Saving provisions.
Sec. 107. Effective date.

          TITLE II--COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY

Sec. 201. Disqualifications.
Sec. 202. Requirements for State participation.
Sec. 203. State noncompliance.
Sec. 204. Checks before issuance of driver's licenses.
Sec. 205. Registration enforcement.
Sec. 206. Delinquent payment of penalties.
Sec. 207. State cooperation in registration enforcement.
Sec. 208. Imminent hazard.
Sec. 209. Household goods amendments.
Sec. 210. New motor carrier entrant requirements.
Sec. 211. Certification of safety auditors.
Sec. 212. Commercial van rulemaking.
Sec. 213. 24-hour staffing of telephone hotline.
Sec. 214. CDL school bus endorsement.
Sec. 215. Medical certificate.
Sec. 216. Implementation of Inspector General recommendations.
Sec. 217. Periodic refiling of motor carrier identification reports.
Sec. 218. Border staffing standards.
Sec. 219. Foreign motor carrier penalties and disqualifications.
Sec. 220. Traffic law initiative.
Sec. 221. State-to-State notification of violations data.
Sec. 222. Minimum and maximum assessments.
Sec. 223. Motor carrier safety progress report.
Sec. 224. Study of commercial motor vehicle crash causation.
Sec. 225. Data collection and analysis.
Sec. 226. Drug test results study.
Sec. 227. Approval of agreements.
Sec. 228. DOT authority.

     SEC. 2. SECRETARY DEFINED.

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

     SEC. 3. FINDINGS.

       Congress makes the following findings:
       (1) The current rate, number, and severity of crashes 
     involving motor carriers in the United States are 
     unacceptable.
       (2) The number of Federal and State commercial motor 
     vehicle and operator inspections is insufficient and civil 
     penalties for violators must be utilized to deter future 
     violations.
       (3) The Department of Transportation is failing to meet 
     statutorily mandated deadlines for completing rulemaking 
     proceedings on motor carrier safety and, in some significant 
     safety rulemaking proceedings, including driver hours-of-
     service regulations, extensive periods have elapsed without 
     progress toward resolution or implementation.
       (4) Too few motor carriers undergo compliance reviews and 
     the Department's data bases and information systems require 
     substantial improvement to enhance the Department's ability 
     to target inspection and enforcement resources toward the 
     most serious safety problems and to improve States' ability 
     to keep dangerous drivers off the roads.
       (5) Additional safety inspectors and inspection facilities 
     are needed in international border areas to ensure that 
     commercial motor vehicles, drivers, and carriers comply with 
     United States safety standards.
       (6) The Department should rigorously avoid conflicts of 
     interest in Federally funded research.

[[Page H12876]]

       (7) Meaningful measures to improve safety must be 
     implemented expeditiously to prevent increases in motor 
     carrier crashes, injuries, and fatalities.
       (8) Proper use of Federal resources is essential to the 
     Department's ability to improve its research, rulemaking, 
     oversight, and enforcement activities related to commercial 
     motor vehicles, operators, and carriers.

     SEC. 4. PURPOSES.

       The purposes of this Act are--
       (1) to improve the administration of the Federal motor 
     carrier safety program and to establish a Federal Motor 
     Carrier Safety Administration in the Department of 
     Transportation; and
       (2) to reduce the number and severity of large-truck 
     involved crashes through more commercial motor vehicle and 
     operator inspections and motor carrier compliance reviews, 
     stronger enforcement measures against violators, expedited 
     completion of rulemaking proceedings, scientifically sound 
     research, and effective commercial driver's license testing, 
     recordkeeping and sanctions.

          TITLE I--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

     SEC. 101. ESTABLISHMENT OF FEDERAL MOTOR CARRIER SAFETY 
                   ADMINISTRATION.

       (a) In General.--Chapter 1 of title 49, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 113. Federal Motor Carrier Safety Administration

       ``(a) In General.--The Federal Motor Carrier Safety 
     Administration shall be an administration of the Department 
     of Transportation.
       ``(b) Safety as Highest Priority.--In carrying out its 
     duties, the Administration shall consider the assignment and 
     maintenance of safety as the highest priority, recognizing 
     the clear intent, encouragement, and dedication of Congress 
     to the furtherance of the highest degree of safety in motor 
     carrier transportation.
       ``(c) Administrator.--The head of the Administration shall 
     be the Administrator who shall be appointed by the President, 
     by and with the advice and consent of the Senate, and shall 
     be an individual with professional experience in motor 
     carrier safety. The Administrator shall report directly to 
     the Secretary of Transportation.
       ``(d) Deputy Administrator.--The Administration shall have 
     a Deputy Administrator appointed by the Secretary, with the 
     approval of the President. The Deputy Administrator shall 
     carry out duties and powers prescribed by the Administrator.
       ``(e) Chief Safety Officer.--The Administration shall have 
     an Assistant Federal Motor Carrier Safety Administrator 
     appointed in the competitive service by the Secretary, with 
     the approval of the President. The Assistant Administrator 
     shall be the Chief Safety Officer of the Administration. The 
     Assistant Administrator shall carry out the duties and powers 
     prescribed by the Administrator.
       ``(f) Powers and Duties.--The Administrator shall carry 
     out--
       ``(1) duties and powers related to motor carriers or motor 
     carrier safety vested in the Secretary by chapters 5, 51, 55, 
     57, 59, 133 through 149, 311, 313, 315, and 317 and by 
     section 18 of the Noise Control Act of 1972 (42 U.S.C. 4917; 
     86 Stat. 1249-1250); except as otherwise delegated by the 
     Secretary to any agency of the Department of Transportation 
     other than the Federal Highway Administration, as of October 
     8, 1999; and
       ``(2) additional duties and powers prescribed by the 
     Secretary.
       ``(g) Limitation on Transfer of Powers and Duties.--A duty 
     or power specified in subsection (f)(1) may only be 
     transferred to another part of the Department when 
     specifically provided by law.
       ``(h) Effect of Certain Decisions.--A decision of the 
     Administrator involving a duty or power specified in 
     subsection (f)(1) and involving notice and hearing required 
     by law is administratively final.
       ``(i) Consultation.--The Administrator shall consult with 
     the Federal Highway Administrator and with the National 
     Highway Traffic Safety Administrator on matters related to 
     highway and motor carrier safety.''.
       (b) Administrative Expenses.--Section 104(a)(1) of title 
     23, United States Code, is amended--
       (1) in paragraph (1) by redesignating subparagraphs (A) and 
     (B) as clauses (i) and (ii), respectively, and by moving the 
     text of such clauses 2 ems to the right;
       (2) in paragraph (1) by striking ``exceed 1\1/2\ percent of 
     all sums so made available, as the Secretary determines 
     necessary--'' and inserting ``exceed--
       ``(A) 1\1/6\ percent of all sums so made available, as the 
     Secretary determines necessary--'';
       (3) by striking the period at the end of paragraph 
     (1)(A)(ii) (as redesignated by paragraphs (1) and (2) of this 
     subsection) and inserting ``; and'' and the following:
       ``(B) \1/3\ of 1 percent of all sums so made available, as 
     the Secretary determines necessary, to administer the 
     provisions of law to be financed from appropriations for 
     motor carrier safety programs and motor carrier safety 
     research.''; and--
       (4) by adding at the end the following:
       ``(4) Limitation on transferability.--Unless expressly 
     authorized by law, the Secretary may not transfer any sums 
     deducted under paragraph (1) to a Federal agency or entity 
     other than the Federal Highway Administration and the Federal 
     Motor Carrier Safety Administration.''.
       (c) Conforming Amendments.--
       (1) Chapter analysis.--The analysis for chapter 1 of title 
     49, United States Code, is amended by adding at the end the 
     following:

``113. Federal Motor Carrier Safety Administration.''.
       (2) Federal highway administration.--Section 104 of title 
     49, United States Code, is amended--
       (A) in subsection (c)--
       (i) by striking the semicolon at the end of paragraph (1) 
     and inserting ``; and'';
       (ii) by striking paragraph (2); and
       (iii) by redesignating paragraph (3) as paragraph (2);
       (B) by striking subsection (d); and
       (C) by redesignating subsection (e) as subsection (d).
       (d) Positions in Executive Service.--
       (1) Administrator.--Section 5314 of title 5, United States 
     Code, is amended by inserting after
       ``Administrator of the National Highway Traffic Safety 
     Administration.''
     the following:
       ``Administrator of the Federal Motor Carrier Safety 
     Administration.''.
       (2) Deputy and assistant administrators.--Section 5316 of 
     title 5, United States Code, is amended by inserting after
       ``Deputy Administrator of the National Highway Traffic 
     Safety Administration.''
     the following:
       ``Deputy Administrator of the Federal Motor Carrier Safety 
     Administration.
       ``Assistant Federal Motor Carrier Safety Administrator.''.
       (e) Personnel Levels.--The number of personnel positions at 
     the Office of Motor Carrier Safety (and, beginning on January 
     1, 2000, the Federal Motor Carrier Safety Administration) at 
     its headquarters location in fiscal year 2000 shall not be 
     increased above the level transferred from the Federal 
     Highway Administration to the Office of Motor Carrier Safety. 
     The Secretary shall provide detailed justifications to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives for the personnel requested 
     for fiscal years 2001, 2002, and 2003 for the Federal Motor 
     Carrier Safety Administration when the President submits his 
     budget, including a justification for increasing personnel at 
     headquarters above the levels so transferred.
       (f) Authority to Promulgate Safety Standards for 
     Retrofitting.--The authority under title 49, United States 
     Code, to promulgate safety standards for commercial motor 
     vehicles and equipment subsequent to initial manufacture is 
     vested in the Secretary and may be delegated.
       (g) Conflicts of Interest.--
       (1) Compliance with regulation.--In awarding any contract 
     for research, the Secretary shall comply with section 
     1252.209-70 of title 48, Code of Federal Regulations, as in 
     effect on the date of enactment of this section. The 
     Secretary shall require that the text of such section be 
     included in any request for proposal and contract for 
     research made by the Secretary.
       (2) Study.--
       (A) In general.--The Secretary shall conduct a study to 
     determine whether or not compliance with the section referred 
     to in paragraph (1) is sufficient to avoid conflicts of 
     interest in contracts for research awarded by the Secretary 
     and to evaluate whether or not compliance with such section 
     unreasonably delays or burdens the awarding of such 
     contracts.
       (B) Consultation.--In conducting the study under this 
     paragraph, the Secretary shall consult, as appropriate, with 
     the Inspector General of the Department of Transportation, 
     the Comptroller General, the heads of other Federal agencies, 
     research organizations, industry representatives, employee 
     organizations, safety organizations, and other entities.
       (C) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretary shall transmit the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the results of 
     the study conducted under this paragraph.

     SEC. 102. REVENUE ALIGNED BUDGET AUTHORITY.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended--
       (1) by redesignating the first section 110, relating to 
     uniform transferability of Federal-aid highway funds, as 
     section 126 and moving and inserting such section after 
     section 125 of such chapter; and
       (2) in the remaining section 110, relating to revenue 
     aligned budget authority--
       (A) in subsection (a)(2) by inserting ``and the motor 
     carrier safety grant program'' after ``relief)''; and
       (B) in subsection (b)(1)(A)--
       (i) by inserting ``and the motor carrier safety grant 
     program'' after ``program)'';
       (ii) by striking ``title and'' and inserting ``title,''; 
     and
       (iii) by inserting ``, and subchapter I of chapter 311 of 
     title 49'' after ``21st Century''.
       (b) Conforming Amendment.--The analysis for such chapter is 
     amended--
       (1) by striking

``110. Uniform transferability of Federal-aid highway funds.'';
       (2) by inserting after the item relating to section 125 the 
     following:


[[Page H12877]]


``126. Uniform transferability of Federal-aid highway funds.'';
     and
       (3) in the item relating to section 163 by striking 
     ``Sec.''.

     SEC. 103. ADDITIONAL FUNDING FOR MOTOR CARRIER SAFETY GRANT 
                   PROGRAM.

       (a) In General.--There are authorized to be appropriated 
     out of the Highway Trust Fund (other than the Mass Transit 
     Account) for the Secretary of Transportation to carry out 
     section 31102 of title 49, United States Code, $75,000,000 
     for each of fiscal years 2001 through 2003.
       (b) Increased Authorizations for Motor Carrier Safety 
     Grants.--
       (1) In general.--Section 4003 of the Transportation Equity 
     Act for the 21st Century (112 Stat. 395-398) is amended by 
     adding at the end the following:
       ``(i) Increased Authorizations for Motor Carrier Safety 
     Grants.--The amount made available to incur obligations to 
     carry out section 31102 of title 49, United States Code, by 
     section 31104(a) of such title for each of fiscal years 2001 
     through 2003 shall be increased by $65,000,000.''.
       (2) Corresponding reduction to obligation ceiling.--Section 
     1102 of such Act (23 U.S.C. 104 note; 112 Stat. 1115-1118) is 
     amended by adding at the end the following:
       ``(j) Reduction in Obligation Ceiling.--The limitation on 
     obligations imposed by subsection (a) for each of fiscal 
     years 2001 through 2003 shall be reduced by $65,000,000.''.
       (c) Maintenance of Effort.--The Secretary may not make, 
     from funds made available by or under this section (including 
     any amendment made by this section), a grant to a State 
     unless the State first enters into a binding agreement with 
     the Secretary that provides that the total expenditures of 
     amounts of the State and its political subdivisions (not 
     including amounts of the United States) for the development 
     or implementation of programs for improving motor carrier 
     safety and enforcement of regulations, standards, and orders 
     of the United States on commercial motor vehicle safety, 
     hazardous materials transportation safety, and compatible 
     State regulations, standards, and orders will be maintained 
     at a level at least equal to the average level of such 
     expenditures for fiscal years 1997, 1998, and 1999.
       (d) Emergency CDL Grants.--Section 31107 of title 49, 
     United States Code, is amended by adding at the end the 
     following:
       ``(c) Emergency CDL Grants.--From amounts made available by 
     subsection (a) for a fiscal year, the Secretary of 
     Transportation may make a grant of up to $1,000,000 to a 
     State whose commercial driver's license program may fail to 
     meet the compliance requirements of section 31311(a).''.
       (e) State Compliance With CDL Requirements.--
       (1) Withholding of allocation for noncompliance.--If a 
     State is not in substantial compliance with each requirement 
     of section 31311 of title 49, United States Code, the 
     Secretary shall withhold all amounts that would be allocated, 
     but for this paragraph, to the State from funds made 
     available by or under this section (including any amendment 
     made by this section).
       (2) Period of availability of withheld funds.--Any funds 
     withheld under paragraph (1) from any State shall remain 
     available until June 30 of the fiscal year for which the 
     funds are authorized to be appropriated.
       (3) Allocation of withheld funds after compliance.--If, 
     before the last day of the period for which funds are 
     withheld under paragraph (1) from allocation are to remain 
     available for allocation to a State under paragraph (2), the 
     Secretary determines that the State is in substantial 
     compliance with each requirement of section 31311 of title 
     49, United States Code, the Secretary shall allocate to the 
     State the withheld funds.
       (4) Period of availability of subsequently allocated 
     funds.--Any funds allocated pursuant to paragraph (3) shall 
     remain available for expenditure until the last day of the 
     first fiscal year following the fiscal year in which the 
     funds are so allocated. Sums not expended at the end of such 
     period are released to the Secretary for reallocation.
       (5) Effect of noncompliance.--If, on June 30 of the fiscal 
     year in which funds are withheld from allocation under 
     paragraph (1), the State is not substantially complying with 
     each requirement of section 31311 of title 49, United States 
     Code, the funds are released to the Secretary for 
     reallocation.

     SEC. 104. MOTOR CARRIER SAFETY STRATEGY.

       (a) Safety Goals.--In conjunction with existing federally 
     required strategic planning efforts, the Secretary shall 
     develop a long-term strategy for improving commercial motor 
     vehicle, operator, and carrier safety. The strategy shall 
     include an annual plan and schedule for achieving, at a 
     minimum, the following goals:
       (1) Reducing the number and rates of crashes, injuries, and 
     fatalities involving commercial motor vehicles.
       (2) Improving the consistency and effectiveness of 
     commercial motor vehicle, operator, and carrier enforcement 
     and compliance programs.
       (3) Identifying and targeting enforcement efforts at high-
     risk commercial motor vehicles, operators, and carriers.
       (4) Improving research efforts to enhance and promote 
     commercial motor vehicle, operator, and carrier safety and 
     performance.
       (b) Contents of Strategy.--
       (1) Measurable goals.--The strategy and annual plans under 
     subsection (a) shall include, at a minimum, specific numeric 
     or measurable goals designed to achieve the strategic goals 
     of subsection (a). The purposes of the numeric or measurable 
     goals are as follows:
       (A) To increase the number of inspections and compliance 
     reviews to ensure that all high-risk commercial motor 
     vehicles, operators, and carriers are examined.
       (B) To eliminate, with meaningful safety measures, the 
     backlog of rulemakings.
       (C) To improve the quality and effectiveness of data bases 
     by ensuring that all States and inspectors accurately and 
     promptly report complete safety information.
       (D) To eliminate, with meaningful civil and criminal 
     penalties for violations, the backlog of enforcement cases.
       (E) To provide for a sufficient number of Federal and State 
     safety inspectors, and provide adequate facilities and 
     equipment, at international border areas.
       (2) Resource needs.--In addition, the strategy and annual 
     plans shall include estimates of the funds and staff 
     resources needed to accomplish each activity. Such estimates 
     shall also include the staff skills and training needed for 
     timely and effective accomplishment of each goal.
       (3) Savings clause.--In developing and assessing progress 
     toward meeting the measurable goals set forth in this 
     subsection, the Secretary and the Federal Motor Carrier 
     Safety Administrator shall not take any action that would 
     impinge on the due process rights of motor carriers and 
     drivers.
       (c) Submission With the President's Budget.--Beginning with 
     fiscal year 2001 and each fiscal year thereafter, the 
     Secretary shall submit to Congress the strategy and annual 
     plan at the same time as the President's budget submission.
       (d) Annual Performance.--
       (1) Annual performance agreement.--For each of fiscal years 
     2001 through 2003, the following officials shall enter into 
     annual performance agreements:
       (A) The Secretary and the Federal Motor Carrier Safety 
     Administrator.
       (B) The Administrator and the Deputy Federal Motor Carrier 
     Safety Administrator.
       (C) The Administrator and the Chief Safety Officer of the 
     Federal Motor Carrier Safety Administration.
       (D) The Administrator and the regulatory ombudsman of the 
     Administration designated by the Administrator under 
     subsection (f).
       (2) Goals.--Each annual performance agreement entered into 
     under paragraph (1) shall include the appropriate numeric or 
     measurable goals of subsection (b).
       (3) Progress assessment.--Consistent with the current 
     performance appraisal system of the Department of 
     Transportation, the Secretary shall assess the progress of 
     each official (other than the Secretary) referred to in 
     paragraph (1) toward achieving the goals in his or her 
     performance agreement. The Secretary shall convey the 
     assessment to such official, including identification of any 
     deficiencies that should be remediated before the next 
     progress assessment.
       (4) Administration.--In deciding whether or not to award a 
     bonus or other achievement award to an official of the 
     Administration who is a party to a performance agreement 
     required by this subsection, the Secretary shall give 
     substantial weight to whether the official has made 
     satisfactory progress toward meeting the goals of his or her 
     performance agreement.
       (e) Achievement of Goals.--
       (1) Progress assessment.--No less frequently than 
     semiannually, the Secretary and the Administrator shall 
     assess the progress of the Administration toward achieving 
     the strategic goals of subsection (a). The Secretary and the 
     Administrator shall convey their assessment to the employees 
     of the Administration and shall identify any deficiencies 
     that should be remediated before the next progress 
     assessment.
       (2) Report to congress.--The Secretary shall report 
     annually to Congress the contents of each performance 
     agreement entered into under subsection (d) and the 
     official's performance relative to the goals of the 
     performance agreement. In addition, the Secretary shall 
     report to Congress on the performance of the Administration 
     relative to the goals of the motor carrier safety strategy 
     and annual plan under subsection (a).
       (f) Expediting Regulatory Proceedings.--The Administrator 
     shall designate a regulatory ombudsman to expedite rulemaking 
     proceedings. The Secretary and the Administrator shall each 
     delegate to the ombudsman such authority as may be necessary 
     for the ombudsman to expedite rulemaking proceedings of the 
     Administration to comply with statutory and internal 
     departmental deadlines, including authority to--
       (1) make decisions to resolve disagreements between 
     officials in the Administration who are participating in a 
     rulemaking process; and
       (2) ensure that sufficient staff are assigned to rulemaking 
     projects to meet all deadlines.

     SEC. 105. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary may establish a 
     commercial motor vehicle safety advisory committee to provide 
     advice and recommendations on a range of motor carrier safety 
     issues.
       (b) Composition.--The members of the advisory committee 
     shall be appointed by the Secretary and shall include 
     representatives of the motor carrier industry, drivers, 
     safety advocates, manufacturers, safety enforcement 
     officials, law enforcement agencies of border States, and 
     other individuals affected

[[Page H12878]]

     by rulemakings under consideration by the Department of 
     Transportation. Representatives of a single interest group 
     may not constitute a majority of the members of the advisory 
     committee.
       (c) Function.--The advisory committee shall provide advice 
     to the Secretary on commercial motor vehicle safety 
     regulations and other matters relating to activities and 
     functions of the Federal Motor Carrier Safety Administration.
       (d) Termination Date.--The advisory committee shall remain 
     in effect until September 30, 2003.

     SEC. 106. SAVINGS PROVISION.

       (a) Transfer of Assets and Personnel.--Except as otherwise 
     provided in this Act and the amendments made by this Act, 
     those personnel, property, and records employed, used, held, 
     available, or to be made available in connection with a 
     function transferred to the Federal Motor Carrier Safety 
     Administration by this Act shall be transferred to the 
     Administration for use in connection with the functions 
     transferred, and unexpended balances of appropriations, 
     allocations, and other funds of the Office of Motor Carrier 
     Safety (including any predecessor entity) shall also be 
     transferred to the Administration.
       (b) Legal Documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, settlements, 
     agreements, certificates, licenses, and privileges--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the Office, any officer or employee of 
     the Office, or any other Government official, or by a court 
     of competent jurisdiction, in the performance of any function 
     that is transferred by this Act or the amendments made by 
     this Act; and
       (2) that are in effect on the effective date of such 
     transfer (or become effective after such date pursuant to 
     their terms as in effect on such effective date),
     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the Administration, any other 
     authorized official, a court of competent jurisdiction, or 
     operation of law.
       (c) Proceedings.--
       (1) In general.--The provisions of this Act shall not 
     affect any proceedings or any application for any license 
     pending before the Office at the time this Act takes effect, 
     insofar as those functions are transferred by this Act; but 
     such proceedings and applications, to the extent that they 
     relate to functions so transferred, shall be continued. 
     Orders shall be issued in such proceedings, appeals shall be 
     taken therefrom, and payments shall be made pursuant to such 
     orders, as if this Act had not been enacted; and orders 
     issued in any such proceedings shall continue in effect until 
     modified, terminated, superseded, or revoked by a duly 
     authorized official, by a court of competent jurisdiction, or 
     by operation of law.
       (2) Statutory construction.--Nothing in this subsection 
     shall be deemed to prohibit the discontinuance or 
     modification of any proceeding described in paragraph (1) 
     under the same terms and conditions and to the same extent 
     that such proceeding could have been discontinued or modified 
     if this Act had not been enacted.
       (3) Orderly transfer.--The Secretary is authorized to 
     provide for the orderly transfer of pending proceedings from 
     the Office.
       (d) Suits.--
       (1) In general.--This Act shall not affect suits commenced 
     before the date of the enactment of this Act, except as 
     provided in paragraphs (2) and (3). In all such suits, 
     proceeding shall be had, appeals taken, and judgments 
     rendered in the same manner and with the same effect as if 
     this Act had not been enacted.
       (2) Suits by or against omcs.--Any suit by or against the 
     Office begun before January 1, 2000, shall be continued, 
     insofar as it involves a function retained and transferred 
     under this Act, with the Administration (to the extent the 
     suit involves functions transferred to the Administration 
     under this Act) substituted for the Office.
       (3) Remanded cases.--If the court in a suit described in 
     paragraph (1) remands a case to the Administration, 
     subsequent proceedings related to such case shall proceed in 
     accordance with applicable law and regulations as in effect 
     at the time of such subsequent proceedings.
       (e) Continuance of Actions Against Officers.--No suit, 
     action, or other proceeding commenced by or against any 
     officer in his official capacity as an officer of the Office 
     shall abate by reason of the enactment of this Act. No cause 
     of action by or against the Office, or by or against any 
     officer thereof in his official capacity, shall abate by 
     reason of enactment of this Act.
       (f) Exercise of Authorities.--Except as otherwise provided 
     by law, an officer or employee of the Administration may, for 
     purposes of performing a function transferred by this Act or 
     the amendments made by this Act, exercise all authorities 
     under any other provision of law that were available with 
     respect to the performance of that function to the official 
     responsible for the performance of the function immediately 
     before the effective date of the transfer of the function 
     under this Act or the amendments made by this Act.
       (g) References.--Any reference to the Office in any Federal 
     law, Executive order, rule, regulation, or delegation of 
     authority, or any document of or pertaining to the Office or 
     an officer or employee of the Office is deemed to refer to 
     the Administration or a member or employee of the 
     Administration, as appropriate.

     SEC. 107. EFFECTIVE DATE.

       (a) In General.--This Act shall take effect on the date of 
     enactment of this Act; except that the amendments made by 
     section 101 shall take effect on January 1, 2000.
       (b) Budget Submissions.--The President's budget submission 
     for fiscal year 2001 and each fiscal year thereafter shall 
     reflect the establishment of the Federal Motor Carrier Safety 
     Administration in accordance with this Act.

          TITLE II--COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY

     SEC. 201. DISQUALIFICATIONS.

       (a) Driving While Disqualified and Causing a Fatality.--
       (1) First violation.--Section 31310(b)(1) of title 49, 
     United States Code, is amended--
       (A) by striking ``or'' at the end of subparagraph (B);
       (B) by striking the period at the end of subparagraph (C) 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(D) committing a first violation of driving a commercial 
     motor vehicle when the individual's commercial driver's 
     license is revoked, suspended, or canceled based on the 
     individual's operation of a commercial motor vehicle or when 
     the individual is disqualified from operating a commercial 
     motor vehicle based on the individual's operation of a 
     commercial motor vehicle; or
       ``(E) convicted of causing a fatality through negligent or 
     criminal operation of a commercial motor vehicle.''.
       (2) Second and multiple violations.--Section 31310(c)(1) of 
     such title is amended--
       (A) by striking ``or'' at the end of subparagraph (C);
       (B) by redesignating subparagraph (D) as subparagraph (F);
       (C) by inserting after subparagraph (C) the following:
       ``(D) committing more than one violation of driving a 
     commercial motor vehicle when the individual's commercial 
     driver's license is revoked, suspended, or canceled based on 
     the individual's operation of a commercial motor vehicle or 
     when the individual is disqualified from operating a 
     commercial motor vehicle based on the individual's operation 
     of a commercial motor vehicle;
       ``(E) convicted of more than one offense of causing a 
     fatality through negligent or criminal operation of a 
     commercial motor vehicle; or''; and
       (D) in subparagraph (F) (as redesignated by subparagraph 
     (B) of this paragraph) by striking ``clauses (A)-(C) of this 
     paragraph'' and inserting ``subparagraphs (A) through (E)''.
       (3) Conforming amendment.--Section 31301(12)(C) of such 
     title is amended by inserting ``, other than a violation to 
     which section 31310(b)(1)(E) or 31310(c)(1)(E) applies'' 
     after ``a fatality''.
       (b) Emergency Disqualification; Noncommercial Motor Vehicle 
     Convictions.--Section 31310 of such title is amended--
       (1) by redesignating subsections (f), (g), and (h) as 
     subsections (h), (i), and (j), respectively;
       (2) by inserting after subsection (e) the following:
       ``(f) Emergency Disqualification.--
       ``(1) Limited duration.--The Secretary shall disqualify an 
     individual from operating a commercial motor vehicle for not 
     to exceed 30 days if the Secretary determines that allowing 
     the individual to continue to operate a commercial motor 
     vehicle would create an imminent hazard (as such term is 
     defined in section 5102).
       ``(2) After notice and hearing.--The Secretary shall 
     disqualify an individual from operating a commercial motor 
     vehicle for more than 30 days if the Secretary determines, 
     after notice and an opportunity for a hearing, that allowing 
     the individual to continue to operate a commercial motor 
     vehicle would create an imminent hazard (as such term is 
     defined in section 5102).
       ``(g) Noncommercial Motor Vehicle Convictions.--
       ``(1) Issuance of regulations.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary shall issue 
     regulations providing for the disqualification by the 
     Secretary from operating a commercial motor vehicle of an 
     individual who holds a commercial driver's license and who 
     has been convicted of--
       ``(A) a serious offense involving a motor vehicle (other 
     than a commercial motor vehicle) that has resulted in the 
     revocation, cancellation, or suspension of the individual's 
     license; or
       ``(B) a drug or alcohol related offense involving a motor 
     vehicle (other than a commercial motor vehicle).
       ``(2) Requirements for regulations.--Regulations issued 
     under under paragraph (1) shall establish the minimum periods 
     for which the disqualifications shall be in effect, but in no 
     case shall the time periods for disqualification for 
     noncommercial motor vehicle violations be more stringent than 
     those for offenses or violations involving a commercial motor 
     vehicle. The Secretary shall determine such periods based on 
     the seriousness of the offenses on which the convictions are 
     based.''; and
       (3) in subsection (h) (as redesignated by paragraph (1) of 
     this subsection) by striking ``(b)-(e)'' each place it 
     appears and inserting ``(b) through (g)''.
       (c) Serious Traffic Violations.--Section 31301(12) of such 
     title is amended--

[[Page H12879]]

       (1) by striking ``and'' at the end of subparagraph (C);
       (2) by redesignating subparagraph (D) as subparagraph (G); 
     and
       (3) by inserting after subparagraph (C) the following:
       ``(D) driving a commercial motor vehicle when the 
     individual has not obtained a commercial driver's license;
       ``(E) driving a commercial motor vehicle when the 
     individual does not have in his or her possession a 
     commercial driver's license unless the individual provides, 
     by the date that the individual must appear in court or pay 
     any fine with respect to the citation, to the enforcement 
     authority that issued the citation proof that the individual 
     held a valid commercial driver's license on the date of the 
     citation;
       ``(F) driving a commercial motor vehicle when the 
     individual has not met the minimum testing standards--
       ``(i) under section 31305(a)(3) for the specific class of 
     vehicle the individual is operating; or
       ``(ii) under section 31305(a)(5) for the type of cargo the 
     vehicle is carrying; and''.
       (d) Conforming Amendments.--Section 31305(b)(1) of such 
     title is amended--
       (1) by striking ``to operate the vehicle''; and
       (2) by inserting before the period at the end ``to operate 
     the vehicle and has a commercial driver's license to operate 
     the vehicle''.

     SEC. 202. REQUIREMENTS FOR STATE PARTICIPATION.

       (a) Requests for Driving Record Information.--Section 
     31311(a)(6) of title 49, United States Code, is amended--
       (1) by inserting ``or renewing such a license'' before the 
     comma; and
       (2) by striking ``commercial'' the second place it appears.
       (b) Recording of Violations.--Section 31311(a)(8) of such 
     title is amended by inserting before the period at the end 
     the following: ``, and the violation that resulted in the 
     disqualification, revocation, suspension, or cancellation 
     shall be recorded''.
       (c) Notification of State Officials.--Section 31311(a)(9) 
     of such title is amended to read as follows:
       ``(9) If an individual violates a State or local law on 
     motor vehicle traffic control (except a parking violation) 
     and the individual--
       ``(A) has a commercial driver's license issued by another 
     State; or
       ``(B) is operating a commercial vehicle without a 
     commercial driver's license and has a driver's license issued 
     by another State;
     the State in which the violation occurred shall notify a 
     State official designated by the issuing State of the 
     violations not later than 10 days after the date the 
     individual is found to have committed the violation.''.
       (d) Provisional Licenses.--Section 31311(a)(10) of such 
     title is amended--
       (1) by striking ``(10)'' and inserting ``(10)(A); and
       (2) by adding at the end the following:
       ``(B) The State may not issue a special license or permit 
     (including a provisional or temporary license) to an 
     individual who holds a commercial driver's license that 
     permits the individual to drive a commercial motor vehicle 
     during a period in which--
       ``(i) the individual is disqualified from operating a 
     commercial motor vehicle; or
       ``(ii) the individual's driver's license is revoked, 
     suspended, or canceled.''.
       (e) Penalties.--Section 31311(a)(13) of such title is 
     amended--
       (1) by inserting ``consistent with this chapter that'' 
     after ``penalties''; and
       (2) by striking ``vehicle'' the first place it appears and 
     all that follows through the period at the end and inserting 
     ``vehicle.''.
       (f) Records of Violations.--Section 31311(a) of such title 
     is amended by adding at the end the following:
       ``(18) The State shall maintain, as part of its driver 
     information system, a record of each violation of a State or 
     local motor vehicle traffic control law while operating a 
     motor vehicle (except a parking violation) for each 
     individual who holds a commercial driver's license. The 
     record shall be available upon request to the individual, the 
     Secretary, employers, prospective employers, State licensing 
     and law enforcement agencies, and their authorized agents.''.
       (g) Masking.--Section 31311(a) of such title is further 
     amended by adding at the end the following:
       ``(19) The State shall--
       ``(A) record in the driving record of an individual who has 
     a commercial driver's license issued by the State; and
       ``(B) make available to all authorized persons and 
     governmental entities having access to such record,
     all information the State receives under paragraph (9) with 
     respect to the individual and every violation by the 
     individual involving a motor vehicle (including a commercial 
     motor vehicle) of a State or local law on traffic control 
     (except a parking violation), not later than 10 days after 
     the date of receipt of such information or the date of such 
     violation, as the case may be. The State may not allow 
     information regarding such violations to be withheld or 
     masked in any way from the record of an individual possessing 
     a commercial driver's license.''.
       (h) Noncommercial Motor Vehicle Convictions.--Section 
     31311(a) of such title is further amended by adding at the 
     end the following:
       ``(20) The State shall revoke, suspend, or cancel the 
     commercial driver's license of an individual in accordance 
     with regulations issued by the Secretary to carry out section 
     31310(g).''.

     SEC. 203. STATE NONCOMPLIANCE.

       (a) In General.--Chapter 313 of title 49, United States 
     Code, is amended by inserting after section 31311 the 
     following:

     ``Sec. 31312. Decertification authority

       ``(a) In General.--If the Secretary of Transportation 
     determines that a State is in substantial noncompliance with 
     this chapter, the Secretary shall issue an order to--
       ``(1) prohibit that State from carrying out licensing 
     procedures under this chapter; and
       ``(2) prohibit that State from issuing any commercial 
     driver's licenses until such time the Secretary determines 
     such State is in substantial compliance with this chapter.
       ``(b) Effect on Other States.--A State (other than a State 
     subject to an order under subsection (a)) may issue a non-
     resident commercial driver's license to an individual 
     domiciled in a State that is prohibited from such activities 
     under subsection (a) if that individual meets all 
     requirements of this chapter and the nonresident licensing 
     requirements of the issuing State.
       ``(c) Previously Issued Licenses.--Nothing in this section 
     shall be construed as invalidating or otherwise affecting 
     commercial driver's licenses issued by a State before the 
     date of issuance of an order under subsection (a) with 
     respect to the State.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     313 of such title is amended by inserting after the item 
     relating to section 31311 the following:

``31312. Decertification authority.''.

     SEC. 204. CHECKS BEFORE ISSUANCE OF DRIVER'S LICENSES.

       Section 30304 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(e) Driver Record Inquiry.--Before issuing a motor 
     vehicle operator's license to an individual or renewing such 
     a license, a State shall request from the Secretary 
     information from the National Driver Register under section 
     30302 and the commercial driver's license information system 
     under section 31309 on the individual's driving record.''.

     SEC. 205. REGISTRATION ENFORCEMENT.

       Section 13902 of title 49, United States Code, is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Penalties for Failure To Comply With Registration 
     Requirements.--In addition to other penalties available under 
     law, motor carriers that fail to register their operations as 
     required by this section or that operate beyond the scope of 
     their registrations may be subject to the following 
     penalties:
       ``(1) Out-of-service orders.--If, upon inspection or 
     investigation, the Secretary determines that a motor vehicle 
     providing transportation requiring registration under this 
     section is operating without a registration or beyond the 
     scope of its registration, the Secretary may order the 
     vehicle out-of-service. Subsequent to the issuance of the 
     out-of-service order, the Secretary shall provide an 
     opportunity for review in accordance with section 554 of 
     title 5; except that such review shall occur not later than 
     10 days after issuance of such order.
       ``(2) Permission for operations.--A person domiciled in a 
     country contiguous to the United States with respect to which 
     an action under subsection (c)(1)(A) or (c)(1)(B) is in 
     effect and providing transportation for which registration is 
     required under this section shall maintain evidence of such 
     registration in the motor vehicle when the person is 
     providing the transportation. The Secretary shall not permit 
     the operation in interstate commerce in the United States of 
     any motor vehicle in which there is not a copy of the 
     registration issued pursuant to this section.''.

     SEC. 206. DELINQUENT PAYMENT OF PENALTIES.

       (a) Revocation of Registration.--Section 13905(c) of title 
     49, United States Code is amended--
       (1) by inserting ``(1) In general.--'' before ``On 
     application'';
       (2) by inserting ``(A)'' before ``suspend'';
       (3) by striking the period at the end of the second 
     sentence and inserting ``; and (B) suspend, amend, or revoke 
     any part of the registration of a motor carrier, broker, or 
     freight forwarder (i) for failure to pay a civil penalty 
     imposed under chapter 5, 51, 149, or 311 of this title, or 
     (ii) for failure to arrange and abide by an acceptable 
     payment plan for such civil penalty, within 90 days of the 
     time specified by order of the Secretary for the payment of 
     such penalty. Subparagraph (B) shall not apply to any person 
     who is unable to pay a civil penalty because such person is a 
     debtor in a case under chapter 11 of title 11.
       ``(2) Regulations.--Not later than 12 months after the date 
     of the enactment of this paragraph, the Secretary, after 
     notice and opportunity for public comment, shall issue 
     regulations to provide for the suspension, amendment, or 
     revocation of a registration under this part for failure to 
     pay a civil penalty as provided in paragraph (1)(B).''; and
       (4) by indenting paragraph (1) (as designated by paragraph 
     (1) of this section) and

[[Page H12880]]

     aligning such paragraph with paragraph (2) of such section 
     (as added by paragraph (3) of this section).
       (b) Prohibited Transportation by Commercial Motor Vehicle 
     Operators.--Section 521(b) of such title is amended--
       (1) by redesignating paragraphs (8) through (13) as 
     paragraphs (9) through (14), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) Prohibition on operation in interstate commerce after 
     nonpayment of penalties.--
       ``(A) In general.--An owner or operator of a commercial 
     motor vehicle against whom a civil penalty is assessed under 
     this chapter or chapter 51, 149, or 311 of this title and who 
     does not pay such penalty or fails to arrange and abide by an 
     acceptable payment plan for such civil penalty may not 
     operate in interstate commerce beginning on the 91st day 
     after the date specified by order of the Secretary for 
     payment of such penalty. This paragraph shall not apply to 
     any person who is unable to pay a civil penalty because such 
     person is a debtor in a case under chapter 11 of title 11.
       ``(B) Regulations.--Not later than 12 months after the date 
     of enactment of this paragraph, the Secretary, after notice 
     and an opportunity for public comment, shall issue 
     regulations setting forth procedures for ordering commercial 
     motor vehicle owners and operators delinquent in paying civil 
     penalties to cease operations until payment has been made.''.

     SEC. 207. STATE COOPERATION IN REGISTRATION ENFORCEMENT.

       Section 31102(b)(1) of title 49, United States Code, is 
     amended--
       (1) by aligning subparagraph (A) with subparagraph (B) of 
     such section; and
       (2) by striking subparagraph (R) and inserting the 
     following:
       ``(R) ensures that the State will cooperate in the 
     enforcement of registration requirements under section 13902 
     and financial responsibility requirements under sections 
     13906, 31138, and 31139 and regulations issued thereunder;''.

     SEC. 208. IMMINENT HAZARD.

       Section 521(b)(5)(B) of title 49, United States Code, is 
     amended by striking ``is likely to result in'' and inserting 
     ``substantially increases the likelihood of''.

     SEC. 209. HOUSEHOLD GOODS AMENDMENTS.

       (a) Definition of Household Goods.--Section 13102(10)(A) of 
     title 49, United States Code, is amended by striking ``, 
     including'' and all that follows through ``dwelling,'' and 
     inserting ``, except such term does not include property 
     moving from a factory or store, other than property that the 
     householder has purchased with the intent to use in his or 
     her dwelling and is transported at the request of, and the 
     transportation charges are paid to the carrier by, the 
     householder;''.
       (b) Arbitration Requirements.--Section 14708(b)(6) of such 
     title is amended by striking ``$1,000'' each place it appears 
     and inserting ``$5,000''.
       (c) Study of Enforcement of Consumer Protection Rules in 
     the Household Goods Moving Industry.--The Comptroller General 
     shall conduct a study of the effectiveness of the Department 
     of Transportation's enforcement of household goods consumer 
     protection rules under title 49, United States Code. The 
     study shall also include a review of other potential methods 
     of enforcing such rules, including allowing States to enforce 
     such rules.

     SEC. 210. NEW MOTOR CARRIER ENTRANT REQUIREMENTS.

       (a) Safety Reviews.--Section 31144 of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(c) Safety Reviews of New Operators.--
       ``(1) In general.--The Secretary shall require, by 
     regulation, each owner and each operator granted new 
     operating authority, after the date on which section 31148(b) 
     is first implemented, to undergo a safety review within the 
     first 18 months after the owner or operator, as the case may 
     be, begins operations under such authority.
       ``(2) Elements.--In the regulations issued pursuant to 
     paragraph (1), the Secretary shall establish the elements of 
     the safety review, including basic safety management 
     controls. In establishing such elements, the Secretary shall 
     consider their effects on small businesses and shall consider 
     establishing alternate locations where such reviews may be 
     conducted for the convenience of small businesses.
       ``(3) Phase-in of requirement.--The Secretary shall phase 
     in the requirements of paragraph (1) in a manner that takes 
     into account the availability of certified motor carrier 
     safety auditors.
       ``(4) New entrant authority.--Notwithstanding any other 
     provision of this title, any new operating authority granted 
     after the date on which section 31148(b) is first implemented 
     shall be designated as new entrant authority until the safety 
     review required by paragraph (1) is completed.''.
       (b) Minimum Requirements.--The Secretary shall initiate a 
     rulemaking to establish minimum requirements for applicant 
     motor carriers, including foreign motor carriers, seeking 
     Federal interstate operating authority to ensure applicant 
     carriers are knowledgeable about applicable Federal motor 
     carrier safety standards. As part of that rulemaking, the 
     Secretary shall consider the establishment of a proficiency 
     examination for applicant motor carriers as well as other 
     requirements to ensure such applicants understand applicable 
     safety regulations before being granted operating authority.

     SEC. 211. CERTIFICATION OF SAFETY AUDITORS.

       (a) In General.--Chapter 311 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec.  31148. Certified motor carrier safety auditors

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of this section, the Secretary of Transportation 
     shall complete a rulemaking to improve training and provide 
     for the certification of motor carrier safety auditors, 
     including private contractors, to conduct safety inspection 
     audits and reviews described in subsection (b).
       ``(b) Certified Inspection Audit Requirement.--Not later 
     than 1 year after completion of the rulemaking required by 
     subsection (a), any safety inspection audit or review 
     required by, or based on the authority of, this chapter or 
     chapter 5, 313, or 315 of this title and performed after 
     December 31, 2002, shall be conducted by--
       ``(1) a motor carrier safety auditor certified under 
     subsection (a); or
       ``(2) a Federal or State employee who, on the date of 
     enactment of this section, was qualified to perform such an 
     audit or review.
       ``(c) Extension.--If the Secretary determines that 
     subsection (b) cannot be implemented within the 1-year period 
     established by that subsection and notifies the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives of the determination and the reasons 
     therefor, the Secretary may extend the deadline for 
     compliance with subsection (b) by not more than 12 months.
       ``(d) Application With Other Authority.--The Secretary may 
     not delegate the Secretary's authority to private contractors 
     to issue ratings or operating authority, and nothing in this 
     section authorizes any private contractor to issue ratings or 
     operating authority.
       ``(e) Oversight Responsibility.--The Secretary shall have 
     authority over any motor carrier safety auditor certified 
     under subsection (a), including the authority to decertify a 
     motor carrier safety auditor.''.
       (b) Conforming Amendment.--The analysis for such chapter 
     311 is amended by adding at the end the following:

``31148. Certified motor carrier safety auditors.''.

     SEC. 212. COMMERCIAL VAN RULEMAKING.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall complete Department of 
     Transportation's rulemaking, Docket No. FHWA-99-5710, to 
     amend Federal motor carrier safety regulations to determine 
     which motor carriers operating commercial motor vehicles 
     designed or used to transport between 9 and 15 passengers 
     (including the driver) for compensation shall be covered. At 
     a minimum, the rulemaking shall apply such regulations to--
       (1) commercial vans commonly referred to as ``camionetas''; 
     and
       (2) those commercial vans operating in interstate commerce 
     outside commercial zones that have been determined to pose 
     serious safety risks.
     In no case should the rulemaking exempt from such regulations 
     all motor carriers operating commercial vehicles designed or 
     used to transport between 9 and 15 passengers (including the 
     driver) for compensation.

     SEC. 213. 24-HOUR STAFFING OF TELEPHONE HOTLINE.

       Section 4017 of the Transportation Equity Act for the 21st 
     Century (49 U.S.C. 31143 note; 112 Stat. 413) is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c) Staffing.--The toll-free telephone system shall be 
     staffed 24 hours a day 7 days a week by individuals 
     knowledgeable about Federal motor carrier safety regulations 
     and procedures.''; and
       (3) in subsection (e) (as redesignated by paragraph (1) of 
     this section)--
       (A) by striking ``104(a)'' and inserting ``104(a)(1)(B)''; 
     and
       (B) by striking ``for each of fiscal years 1999'' and 
     inserting ``for fiscal year 1999 and $375,000 for each of 
     fiscal years 2000''.

     SEC. 214. CDL SCHOOL BUS ENDORSEMENT.

       The Secretary shall conduct a rulemaking to establish a 
     special commercial driver's license endorsement for drivers 
     of school buses. The endorsement shall, at a minimum--
       (1) include a driving skills test in a school bus; and
       (2) address proper safety procedures for--
       (A) loading and unloading children;
       (B) using emergency exits; and
       (C) traversing highway rail grade crossings.

     SEC. 215. MEDICAL CERTIFICATE.

       The Secretary shall initiate a rulemaking to provide for a 
     Federal medical qualification certificate to be made a part 
     of commercial driver's licenses.

     SEC. 216. IMPLEMENTATION OF INSPECTOR GENERAL 
                   RECOMMENDATIONS.

       (a) In General.--The Secretary shall implement the safety 
     improvement recommendations provided for in the Department of 
     Transportation Inspector General's

[[Page H12881]]

     Report TR-1999-091, except to the extent that such 
     recommendations are specifically addressed in sections 206, 
     208, 217, and 222 of this Act, including any amendments made 
     by such sections.
       (b) Reports to Congress.--
       (1) Reports by the secretary.--Not later than 90 days after 
     the date of enactment of this Act, and every 90 days 
     thereafter until each of the recommendations referred to in 
     subsection (a) has been implemented, the Secretary shall 
     transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the specific actions taken to 
     implement such recommendations.
       (2) Reports by the inspector general.--The Inspector 
     General shall periodically transmit to the Committees 
     referred to in paragraph (1) a report assessing the 
     Secretary's progress in implementing the recommendations 
     referred to in subsection (a) and analyzing the number of 
     violations cited by safety inspectors and the level of fines 
     assessed and collected for such violations, and of the number 
     of cases in which there are findings of extraordinary 
     circumstances under section 222(c) of this Act and the 
     circumstances in which these findings are made.

     SEC. 217. PERIODIC REFILING OF MOTOR CARRIER IDENTIFICATION 
                   REPORTS.

       The Secretary shall amend section 385.21 of the Department 
     of Transportation's regulations (49 C.F.R. 385.21) to require 
     periodic updating, not more frequently than once every 2 
     years, of the motor carrier identification report, form MCS-
     150, filed by each motor carrier conducting operations in 
     interstate or foreign commerce. The initial update shall 
     occur not later than 1 year after the date of enactment of 
     this Act.

     SEC. 218. BORDER STAFFING STANDARDS.

       (a) Development and Implementation.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary shall 
     develop and implement appropriate staffing standards for 
     Federal and State motor carrier safety inspectors in 
     international border areas.
       (b) Factors To Be Considered.--In developing standards 
     under subsection (a), the Secretary shall consider volume of 
     traffic, hours of operation of the border facility, types of 
     commercial motor vehicles, types of cargo, delineation of 
     responsibility between Federal and State inspectors, and such 
     other factors as the Secretary determines appropriate.
       (c) Maintenance of Effort.--The standards developed and 
     implemented under subsection (a) shall ensure that the United 
     States and each State will not reduce its respective level of 
     staffing of motor carrier safety inspectors in international 
     border areas from its average level staffing for fiscal year 
     2000.
       (d) Border Commercial Motor Vehicle and Safety Enforcement 
     Programs.--
       (1) Enforcement.--If, on October 1, 2001, and October 1 of 
     each fiscal year thereafter, the Secretary has not ensured 
     that the levels of staffing required by the standards 
     developed under subsection (a) are deployed, the Secretary 
     should designate the amount made available for allocation 
     under section 31104(f)(2)(B) of title 49, United States Code, 
     for such fiscal year for States, local governments, and other 
     persons for carrying out border commercial motor vehicle 
     safety programs and enforcement activities and projects.
       (2) Allocation.--If the Secretary makes a designation of an 
     amount under paragraph (1), such amount shall be allocated by 
     the Secretary to State agencies, local governments, and other 
     persons that use and train qualified officers and employees 
     in coordination with State motor vehicle safety agencies.
       (3) Limitation.--If the Secretary makes a designation 
     pursuant to paragraph (1) for a fiscal year, the Secretary 
     may not make a designation under section 31104(f)(2)(B) of 
     title 49, United States Code, for such fiscal year.

     SEC. 219. FOREIGN MOTOR CARRIER PENALTIES AND 
                   DISQUALIFICATIONS.

       (a) General Rule.--Subject to subsections (b) and (c), a 
     foreign motor carrier or foreign motor private carrier (as 
     such terms are defined under section 13102 of title 49, 
     United States Code) that operates without authority, before 
     the implementation of the land transportation provisions of 
     the North American Free Trade Agreement, outside the 
     boundaries of a commercial zone along the United States-
     Mexico border shall be liable to the United States for a 
     civil penalty and shall be disqualified from operating a 
     commercial motor vehicle anywhere within the United States as 
     provided in subsections (b) and (c).
       (b) Penalty for Intentional Violation.--The civil penalty 
     for an intentional violation of subsection (a) by a carrier 
     shall not be more than $10,000 and may include a 
     disqualification from operating a commercial motor vehicle 
     anywhere within the United States for a period of not more 
     than 6 months.
       (c) Penalty for Pattern of Intentional Violations.--The 
     civil penalty for a pattern of intentional violations of 
     subsection (a) by a carrier shall not be more than $25,000 
     and the carrier shall be disqualified from operating a 
     commercial motor vehicle anywhere within the United States 
     and the disqualification may be permanent.
       (d) Leasing.--Before the implementation of the land 
     transportation provisions of the North American Free Trade 
     Agreement, during any period in which a suspension, 
     condition, restriction, or limitation imposed under section 
     13902(c) of title 49, United States Code, applies to a motor 
     carrier (as defined in section 13902(e) of such title), that 
     motor carrier may not lease a commercial motor vehicle to 
     another motor carrier or a motor private carrier to transport 
     property in the United States.
       (e) Savings Clause.--No provision of this section may be 
     enforced if it is inconsistent with any international 
     agreement of the United States.
       (f) Acts of Employees.--The actions of any employee driver 
     of a foreign motor carrier or foreign motor private carrier 
     committed without the knowledge of the carrier or committed 
     unintentionally shall not be grounds for penalty or 
     disqualification under this section.

     SEC. 220. TRAFFIC LAW INITIATIVE.

       (a) In General.--In cooperation with one or more States, 
     the Secretary may carry out a program to develop innovative 
     methods of improving motor carrier compliance with traffic 
     laws. Such methods may include the use of photography and 
     other imaging technologies.
       (b) Report.--The Secretary shall transmit to Congress a 
     report on the results of any program conducted under this 
     section, together with any recommendations as the Secretary 
     determines appropriate.

     SEC. 221. STATE-TO-STATE NOTIFICATION OF VIOLATIONS DATA.

       (a) Development.--In cooperation with the States, the 
     Secretary shall develop a uniform system to support the 
     electronic transmission of data State-to-State on convictions 
     for all motor vehicle traffic control law violations by 
     individuals possessing a commercial drivers' licenses as 
     required by paragraphs (9) and (19) of section 31311(a) of 
     title 49, United States Code.
       (b) Status Report.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary shall transmit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the status of the 
     implementation of this section.

     SEC. 222. MINIMUM AND MAXIMUM ASSESSMENTS.

       (a) In General.--The Secretary of Transportation should 
     ensure that motor carriers operate safely by imposing civil 
     penalties at a level calculated to ensure prompt and 
     sustained compliance with Federal motor carrier safety and 
     commercial driver's license laws.
       (b) Establishment.--The Secretary--
       (1) should establish and assess minimum civil penalties for 
     each violation of a law referred to in subsection (a); and
       (2) shall assess the maximum civil penalty for each 
     violation of a law referred to in subsection (a) by any 
     person who is found to have committed a pattern of violations 
     of critical or acute regulations issued to carry out such a 
     law or to have previously committed the same or a related 
     violation of critical or acute regulations issued to carry 
     out such a law.
       (c) Extraordinary Circumstances.--If the Secretary 
     determines and documents that extraordinary circumstances 
     exist which merit the assessment of any civil penalty lower 
     than any level established under subsection (b), the 
     Secretary may assess such lower penalty. In cases where a 
     person has been found to have previously committed the same 
     or a related violation of critical or acute regulations 
     issued to carry out a law referred to in subsection (a), 
     extraordinary circumstances may be found to exist when the 
     Secretary determines that repetition of such violation does 
     not demonstrate a failure to take appropriate remedial 
     action.
       (d) Report to Congress.--
       (1) In general.--The Secretary shall conduct a study of the 
     effectiveness of the revised civil penalties established in 
     the Transportation Equity Act for the 21st Century and this 
     Act in ensuring prompt and sustained compliance with Federal 
     motor carrier safety and commercial driver's license laws.
       (2) Submission to congress.--The Secretary shall transmit 
     the results of such study and any recommendations to Congress 
     by September 30, 2002.

     SEC. 223. MOTOR CARRIER SAFETY PROGRESS REPORT.

       Not later than May 25, 2000, the Secretary shall transmit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a status 
     report on the Department of Transportation's quantitative 
     progress toward reducing motor carrier fatalities by 50 
     percent by the year 2009.

     SEC. 224. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION.

       (a) Objectives.--The Secretary shall conduct a 
     comprehensive study to determine the causes of, and 
     contributing factors to, crashes that involve commercial 
     motor vehicles. The study shall also identify data 
     requirements and collection procedures, reports, and other 
     measures that will improve the Department of Transportation's 
     and States' ability to--
       (1) evaluate future crashes involving commercial motor 
     vehicles;
       (2) monitor crash trends and identify causes and 
     contributing factors; and

[[Page H12882]]

       (3) develop effective safety improvement policies and 
     programs.
       (b) Design.--The study shall be designed to yield 
     information that will help the Department and the States 
     identify activities and other measures likely to lead to 
     significant reductions in the frequency, severity, and rate 
     per mile traveled of crashes involving commercial motor 
     vehicles, including vehicles described in section 31132(1)(B) 
     of title 49, United States Code. As practicable, the study 
     shall rank such activities and measures by the reductions 
     each would likely achieve, if implemented.
       (c) Consultation.--In designing and conducting the study, 
     the Secretary shall consult with persons with expertise on--
       (1) crash causation and prevention;
       (2) commercial motor vehicles, drivers, and carriers, 
     including passenger carriers;
       (3) highways and noncommercial motor vehicles and drivers;
       (4) Federal and State highway and motor carrier safety 
     programs;
       (5) research methods and statistical analysis; and
       (6) other relevant topics.
       (d) Public Comment.--The Secretary shall make available for 
     public comment information about the objectives, methodology, 
     implementation, findings, and other aspects of the study.
       (e) Reports.--
       (1) In general.--The Secretary shall promptly transmit to 
     Congress the results of the study, together with any 
     legislative recommendations.
       (2) Review and update.--The Secretary shall review the 
     study at least once every 5 years and update the study and 
     report as necessary.
       (f) Funding.--Of the amounts made available for each of 
     fiscal years 2001, 2002, and 2003 under section 4003(i) of 
     the Transportation Equity Act for the 21st Century (112 Stat. 
     395-398), as added by section 103(b)(1) of this Act, 
     $5,000,000 per fiscal year shall be available only to carry 
     out this section.

     SEC. 225. DATA COLLECTION AND ANALYSIS.

       (a) In General.--In cooperation with the States, the 
     Secretary shall carry out a program to improve the collection 
     and analysis of data on crashes, including crash causation, 
     involving commercial motor vehicles.
       (b) Program Administration.--The Secretary shall administer 
     the program through the National Highway Traffic Safety 
     Administration in cooperation with the Federal Motor Carrier 
     Safety Administration. The National Highway Traffic Safety 
     Administration shall--
       (1) enter into agreements with the States to collect data 
     and report the data by electronic means to a central data 
     repository; and
       (2) train State employees and motor carrier safety 
     enforcement officials to assure the quality and uniformity of 
     the data.
       (c) Use of Data.--The National Highway Traffic Safety 
     Administration shall--
       (1) integrate the data, including driver citation and 
     conviction information; and
       (2) make the data base available electronically to the 
     Federal Motor Carrier Safety Administration, the States, 
     motor carriers, and other interested parties for problem 
     identification, program evaluation, planning, and other 
     safety-related activities.
       (d) Report.--Not later than 3 years after the date on which 
     the improved data program begins, the Secretary shall 
     transmit a report to Congress on the program, together with 
     any recommendations the Secretary finds appropriate.
       (e) Funding.--Of the amounts deducted under section 
     104(a)(1)(B) of title 23, United States Code, for each of 
     fiscal years 2001, 2002, and 2003 $5,000,000 per fiscal year 
     shall be available only to carry out this section.
       (f) Additional Funding for Information Systems.--
       (1) In general.--Of the amounts made available for each of 
     fiscal years 2001, 2002, and 2003 under section 4003(i) of 
     the Transportation Equity Act for the 21st Century (112 Stat. 
     395-398), as added by section 103(b)(1) of this Act, 
     $5,000,000 per fiscal year shall be available only to carry 
     out section 31106 of title 49, United States Code.
       (2) Amounts as additional.--The amounts made available by 
     paragraph (1) shall be in addition to amounts made available 
     under section 31107 of title 49, United States Code.

     SEC. 226. DRUG TEST RESULTS STUDY.

       (a) In General.--The Secretary shall conduct a study of the 
     feasibility and merits of--
       (1) requiring medical review officers or employers to 
     report all verified positive controlled substances test 
     results on any driver subject to controlled substances 
     testing under part 382 of title 49, Code of Federal 
     Regulations, including the identity of each person tested and 
     each controlled substance found, to the State that issued the 
     driver's commercial driver's license; and
       (2) requiring all prospective employers, before hiring any 
     driver, to query the State that issued the driver's 
     commercial driver's license on whether the State has on 
     record any verified positive controlled substances test on 
     such driver.
       (b) Study Factors.--In carrying out the study under this 
     section, the Secretary shall assess--
       (1) methods for safeguarding the confidentiality of 
     verified positive controlled substances test results;
       (2) the costs, benefits, and safety impacts of requiring 
     States to maintain records of verified positive controlled 
     substances test results; and
       (3) whether a process should be established to allow 
     drivers--
       (A) to correct errors in their records; and
       (B) to expunge information from their records after a 
     reasonable period of time.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study carried out under this section, 
     together with such recommendations as the Secretary 
     determines appropriate.

     SEC. 227. APPROVAL OF AGREEMENTS.

       (a) Review.--Section 13703(c) of title 49, United States 
     Code, is amended--
       (1) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively;
       (2) by striking ``The Board'' and inserting the following:
       ``(1) In general.--The Board'';
       (3) by adding at the end the following:
       ``(2) Periodic review of approvals.--Subject to this 
     section, in the 5-year period beginning on the date of 
     enactment of this paragraph and in each 5-year period 
     thereafter, the Board shall initiate a proceeding to review 
     any agreement approved pursuant to this section. Any such 
     agreement shall be continued unless the Board determines 
     otherwise.''; and
       (4) by moving the remainder of the text of paragraph (1) 
     (as designated by paragraph (2) of this subsection), 
     including subparagraphs (A) through (D) (as designated by 
     paragraph (1) of this subsection), 2 ems to the right.
       (b) Limitation.--Section 13703(d) of such title is amended 
     to read as follows:
       ``(d) Limitation.--The Board shall not take any action that 
     would permit the establishment of nationwide collective 
     ratemaking authority.''.
       (c) Existing Agreements.--Section 13703(e) of such title is 
     amended--
       (1) by striking ``Agreements'' and inserting the following:
       ``(1) Agreements existing as of december 31, 1995.--
     Agreements'';
       (2) by adding at the end the following:
       ``(2) Cases pending as of date of enactment.--Nothing in 
     section 227 (other than subsection (b)) of the Motor Carrier 
     Safety Improvement Act of 1999, including the amendments made 
     by such section, shall be construed to affect any case 
     brought under this section that is pending before the Board 
     as of the date of enactment of this paragraph.''; and
       (3) by aligning the left margin of paragraph (1) (as 
     designated by paragraph (1) of this subsection) with 
     paragraph (2) (as added by paragraph (2) of this subsection).

     SEC. 228. DOT AUTHORITY.

       (a) In General.--The statutory authority of the Inspector 
     General of the Department of Transportation includes 
     authority to conduct, pursuant to Federal criminal statutes, 
     investigations of allegations that a person or entity has 
     engaged in fraudulent or other criminal activity relating to 
     the programs and operations of the Department or its 
     operating administrations.
       (b) Regulated Entities.--The authority to conduct 
     investigations referred to in subsection (a) extends to any 
     person or entity subject to the laws and regulations of the 
     Department or its operating administrations, whether or not 
     they are recipients of funds from the Department or its 
     operating administrations.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

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