[Congressional Record (Bound Edition), Volume 145 (1999), Part 18]
[House]
[Pages 25337-25355]
[From the U.S. Government Publishing Office, www.gpo.gov]



                    MOTOR CARRIER SAFETY ACT OF 1999

  Mr. SESSIONS. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 329 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 329

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 2679) to amend title 49, United States Code, 
     to establish the National Motor Carrier Administration in the 
     Department of Transportation, to improve the safety of 
     commercial motor vehicle operators and carriers, to 
     strengthen commercial driver's licenses, and for other 
     purposes. The first reading of the bill shall be dispensed 
     with. All points of order against the bill and against its 
     consideration are waived. General debate shall be confined to 
     the bill and shall not exceed one hour equally divided and 
     controlled by the chairman and ranking minority member of the 
     Committee on Transportation and Infrastructure. After general 
     debate the bill shall be considered for amendment under the 
     five-minute rule. The amendment printed in part A of the 
     report of the Committee on Rules accompanying this resolution 
     shall be considered as adopted in the House and in the 
     Committee of the Whole. The bill, as amended, shall be 
     considered by title rather than by section. Each title shall 
     be considered as read. Before consideration of any other 
     amendment it shall be in order to consider the amendment 
     printed in part B of the report of the Committee on Rules, if 
     offered by a Member designated in the report. That amendment 
     shall be considered as read, may amend portions of the bill 
     not yet read for amendment, and shall not be subject to a 
     demand for division of the question in the House or in the 
     Committee of the Whole. Points of order against that 
     amendment for failure to comply with clause 7 of rule XVI are 
     waived. During consideration of the bill for further 
     amendment, the Chairman of the Committee of the Whole may 
     accord priority in recognition on the basis of whether the 
     Member offering an amendment has caused it to be printed in 
     the portion of the Congressional Record designated for that 
     purpose in clause 8 of rule XVIII. Amendments so printed 
     shall be considered as read. The Chairman of the Committee of 
     the Whole may: (1) postpone until a time during further 
     consideration in the Committee of the Whole a request for a 
     recorded vote on any amendment; and (2) reduce to five 
     minutes the minimum time for electronic voting on any 
     postponed question that follows another electronic vote 
     without intervening business, provided that the minimum time 
     for electronic voting on the first in any series of questions 
     shall be 15 minutes. At the conclusion of consideration of 
     the bill for amendment the Committee shall rise and report 
     the bill, as amended, to the House with such further 
     amendments as may have been adopted. The previous question 
     shall be considered as ordered on the bill, as amended, and 
     any further amendment thereto to final passage without 
     intervening motion except one motion to recommit with or 
     without instructions.

  The SPEAKER pro tempore (Mr. Foley). The gentleman from Texas (Mr. 
Sessions) is recognized for 1 hour.
  Mr. SESSIONS. Mr. Speaker, for the purposes of debate only, I yield 
the customary 30 minutes to the gentlewoman from New York (Ms. 
Slaughter), pending which I yield myself such time as I may consume. 
During the consideration of this resolution, all time is yielded for 
the purposes of debate only.
  Mr. Speaker, the legislation before us today is an open rule 
providing for 1 hour of general debate divided equally between the 
chairman and ranking minority member of the Committee on Transportation 
and Infrastructure.
  The rule waives all points of order against the bill and against its 
consideration. The rule provides that the amendment printed in part A 
of the Committee on Rules accompanying the resolution shall be 
considered as adopted and that the bill as amended shall be opened to 
amendment by title.
  The rule also provides for the consideration, before any other 
amendment, of the manager's amendment printed in part B of the 
Committee on Rules report, which shall be considered as read; may amend 
portions of the bill not yet read for amendment and shall not be 
subject to a division of the question.
  Clause 7 of rule XVI prohibiting nongermane amendments is waived 
against the amendment printed in part B of the Committee on Rules 
report. The rule allows the chairman of the Committee of the Whole to 
postpone votes during consideration of the bill and to reduce voting to 
5 minutes on a postponed question if the vote follows a 15-minute vote.
  Members who have pre-printed their amendments in the Record prior to 
their consideration will be given priority in consideration to offer 
their amendments if otherwise consistent with House rules.
  Finally, the rule provides for one motion to recommit with or without 
instructions.
  Mr. Speaker, the underlying legislation, the Motor Carrier Safety Act 
of 1999, is very important legislation.

                              {time}  1230

  Many of my constituents have contacted me with their concerns related 
to safety on our highways. The House Committee on Transportation and 
Infrastructure responded to, not only my request, but also other 
concerns that Members had in this body by holding a series of hearings 
on this issue earlier this year.
  Consensus emerged from those hearings that highway safety was not 
receiving the level of attention it should as part of the Federal 
Highway Administration.
  Today, the House makes a significant step toward safer highways by 
doubling grants to the States for roadside inspections and imposing 
tougher fines for repeat violators of Federal truck safety regulations.
  The bill also establishes minimum fines for all violations and 
requires drivers who have their licenses revoked to serve their full 
suspensions.
  The bill upgrades the Federal Highway Administration's office of 
Motor Carrier to a separate administration within the Transportation 
Department.
  The bill also increases truck inspections at the border to ensure 
that Mexican trucks entering the United States comply with all U.S. and 
safety truck regulations.
  Truck-related highway accidents impose a huge cost on our society. 
These costs can be reduced without burdening truckers and the people 
who depend on them, and that is exactly what this legislation does.
  Mr. Speaker, the Motor Carrier Safety Act passed the 75-member 
Committee on Transportation and Infrastructure with only 2 nays. Last 
night, the rule for this legislation passed by unanimous vote in the 
Committee on Rules.
  Mr. Speaker, I urge my colleagues to continue this bipartisan manner 
under which this legislation was crafted, and to support the rule.
  Mr. Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Mr. Speaker, I thank the gentleman from Texas (Mr. 
Sessions) for yielding me the customary time, and I yield myself such 
time as I may consume.
  Mr. Speaker, this is an open rule providing for the consideration of 
H.R. 2679, the Motor Carrier Safety Act of 1999.
  The rule provides the opportunity for the House to consider the 
underlying bill which would establish the National Motor Carrier 
Administration within the Department of Transportation.
  Mr. Speaker, the interstates, highways and even rural blacktop roads 
of this Nation are shared by drivers responsible for everything from 
18-wheelers to an old four-door sedan. The goal of this new agency 
would be to bring even more new scientific focus and energy to our 
efforts at making sure

[[Page 25338]]

those vehicles and their drivers are operating as safely as possible.
  The Motor Carrier Safety Act of 1999 is the product of considerable 
discussion and input from highway safety advocates, organized labor, 
people in the truck and bus industries, and the government agencies 
responsible for oversight.
  As stated in the report, the principal goal of the bill is to reduce 
the number and severity of large truck-involved fatal crashes.
  Tragically, the number of fatalities involving large truck travel has 
been growing since early in this decade, and that rise in fatalities is 
projected to continue unless action is taken.
  After considering a variety of options, the Committee on 
Transportation and Infrastructure determined that creating this 
separate agency, with safety as its top priority, would be the most 
effective approach.
  Mr. Speaker, a number of high-profile accidents in Illinois, New 
Jersey, and Louisiana have raised troubling questions about loopholes 
in the system which licenses commercial drivers. These crashes have 
included multiple fatalities and injuries and are a call to action for 
this Congress and this Nation to set tougher standards and to close 
those loopholes. This bill is a response to that call.
  Mr. Speaker, the rule does allow for several thoughtful amendments to 
be considered; and, therefore, I urge favorable consideration of this 
rule.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SESSIONS. Mr. Speaker, I yield 5 minutes to the gentleman from 
Pennsylvania (Mr. Shuster), one of the most respected Members of this 
body, one of the most influential, who is the chairman of the Committee 
on Transportation and Infrastructure.
  Mr. SHUSTER. Mr. Speaker, I thank the gentleman from Texas (Mr. 
Sessions) for yielding me this time. I rise in strong support of this 
rule and this legislation.
  Mr. Speaker, moments ago, the gentleman from Minnesota (Mr. 
Oberstar), the distinguished ranking member of the Committee on 
Transportation and Infrastructure, and I introduced legislation, H.R. 
3072, requiring Great Britain to open up its skies and its airports to 
U.S. planes; and, indeed, if they fail to do so, requiring our 
government to renunciate the Bermuda II agreements.
  In the past several years, both the Bush and the Clinton 
administrations have been very successful in negotiating open skies 
agreements so we can compete around the world with our aviation. 
Indeed, we have such agreements with 38 countries.
  But Great Britain, which is supposed to be our closest ally, has 
refused to level the playing field so that U.S. carriers could compete 
in the London-to-U.S. market. It is time that we, not simply talk about 
it, but do something about it.
  On October 18, Secretary Slater's people will be going to Great 
Britain to continue negotiations on several aviation matters. Indeed, I 
have met with the Secretary. They understand we are deadly serious 
about this issue, and we look forward to Brits finally opening up the 
aviation market to U.S. carriers. If they do not do so, we will 
certainly be prepared to move forward to renunciate Bermuda II and 
thereby block all British airlines from flying into the United States.
  Mr. Speaker, I yield to the gentleman from Minnesota (Mr. Oberstar), 
the ranking member of the full committee.
  Mr. OBERSTAR. Mr. Speaker, I thank the gentleman from Pennsylvania, 
my chairman, for yielding and compliment him on the decisiveness with 
which he has moved on this issue, particularly on the eve of renewed 
U.S.-UK bilateral aviation talks.
  We are deadly serious. This is serious business to introduce 
legislation of this nature to terminate an important aviation 
bilateral. But it is the only message I am convinced, as the chairman 
has just said, that our British negotiators will understand.
  The significance of this market is that U.S.-UK service is about a 
$10 billion market. It is half of the $20 billion U.S.-Europe market. 
Our carriers have less than 37 percent of that market share, compared 
to other markets around the world where we have open skies bilaterals 
where our carriers have penetrated up to 60 percent of market share.
  Those numbers simply underscore the seriousness of purpose with which 
the chairman and I are engaged in the message that we deliver to our 
Secretary of Transportation and to the British Minister of 
Transportation. That market has to be open; and if it does not, these 
are the tools the chairman has outlined we will invoke to ensure that 
serious steps will be taken in the future.
  I compliment the gentleman from Pennsylvania (Chairman Shuster) on 
his courage in moving forward.
  Mr. SHUSTER. Mr. Speaker, I thank the gentleman from Minnesota, and I 
emphasize we expect the Brits to show us a virtual immediate good-faith 
response at least on one route; and if that happens, then we can take 
the time necessary to work out the broader agreements.
  Ms. SLAUGHTER. Mr. Speaker, I am happy to yield back the balance of 
my time.
  Mr. SESSIONS. Mr. Speaker, I urge support of the rule. I yield back 
the balance of my time, and I move the previous question on the 
resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore (Mr. Sessions). Pursuant to House Resolution 
329 and rule XVIII, the Chair declares the House in the Committee of 
the Whole House on the State of the Union for the consideration of the 
bill, H.R. 2679.

                              {time}  1240


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 2679) to amend title 49, United States Code, to establish the 
National Motor Carrier Administration in the Department of 
Transportation, to improve the safety of commercial motor vehicle 
operators and carriers, to strengthen commercial driver's licenses, and 
for other purposes, with Mr. Foley in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from Pennsylvania (Mr. Shuster) and the 
gentleman from Minnesota (Mr. Oberstar) each will control 30 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Shuster).
  Mr. SHUSTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, today we are considering H.R. 2679, the Motor Carrier 
Safety Act of 1999. This is truly a comprehensive bill that reforms 
Federal motor carrier safety efforts.
  Trucking is the biggest sector of the transportation industry in this 
country, moving over 85 percent of all freight in the U.S., and it 
continues to grow. We owe it to the driving public to ensure that the 
trucks with which they share the road are safe.
  To ensure this safety, this bill creates a separate agency, the 
National Motor Carrier Administration, within the Department of 
Transportation. The agency will be dedicated to the truck and bus 
safety.
  In the past, motor carrier safety oversight was housed within the 
Federal Highway Administration, where it had to compete with large 
Federal infrastructure programs for attention. The complexity and the 
growth of the trucking industry justifies the creation of an agency 
with a clear preeminent safety mission, focused on truck and bus 
safety. Trucking safety will now have the same organizational status 
within the Department as aviation safety, automobile safety, and 
maritime safety.
  I want to emphasize, I spoke with Secretary Slater this morning. He 
tells me that the Administration is supportive of this legislation.
  This bill is not just about moving around boxes on an organization 
chart, however. It is a new agency which will have the powers and the 
resources needed to do its job and to do it well.

[[Page 25339]]

  The bill increases funding for Federal and State enforcement efforts, 
enabling States to put more inspectors on the roads and at the 
international border areas.
  Finally, the bill makes important reforms to the commercial driver's 
license program and a number of other Federal motor carrier laws by 
closing loopholes and imposing tough penalties for repeat violators.
  These measures will get truck safety enforcement efforts on track and 
allow us to recapture the momentum we had in the 1980s and early 1990s 
when truck-related fatalities dramatically declined. Indeed, I should 
emphasize that there was a significant decline in truck-related 
fatalities. But that has leveled out. We have not had an increase in 
truck fatalities; however, the decline which we were so happy to note 
in the past year seems to have leveled out.
  We do not have a crisis in truck safety, but we do have a need to 
make sure that the gains which we previously realized in safety 
continue as we move into the next century. This bill is a pro safety 
bill that will improve highway safety for all Americans.
  Mr. Chairman, I urge passage of the bill.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, this is important legislation. It is also very good, 
far-reaching, substantive safety legislation. I want to express my 
great appreciation to the gentleman from Pennsylvania (Chairman 
Shuster) for a splendid job of bipartisan crafting of this legislation 
for the inclusiveness that he has extended in crafting this bill and 
for his commitment to safety.
  I want to express my appreciation also to the gentleman from 
Wisconsin (Chairman Petri), the chair of the Subcommittee on Ground 
Transportation, and the gentleman from West Virginia (Mr. Rahall), the 
ranking member of the Subcommittee on Ground Transportation, for 
consistent, concerted efforts to develop a strong motor carrier safety 
bill that we can all support.

                              {time}  1245

  This legislation will give the Federal Government the direction, the 
incentives, and the resources it needs to improve safety in the 
trucking sector of our Nation's highways.
  Every year crashs involving large trucks kill more than 5,300 people 
and injure in the range of 130,000 others. On any day, there are 14 
deaths and 350 injuries. That is unacceptable.
  Unless the Federal safety program is significantly improved, there 
will be more deaths and more injuries as the number of miles traveled 
by large trucks increases.
  The Inspector General of the Department of Transportation, the 
General Accounting Office, and indeed our former colleague Norm Mineta, 
a former chairman of the committee who was assigned the task to review 
this issue by the Secretary of Transportation, Rodney Slater, and our 
own Subcommittee on Ground Transportation and the full committee all 
have concluded that the Federal Government program to ensure motor 
carrier safety has major deficiencies.
  The studies found that DOT has not been conducting enough inspections 
of commercial vehicles and of commercial drivers and that the penalties 
imposed for violations are too low to deter future violations. The 
studies also found that DOT rarely completes needed safety regulation 
on time.
  More than 20 motor carrier safety rulemakings have been in process 
for between 3 and 9 years. That is just simply unacceptable. These 
rulemakings involve very important decisions, such as our service 
limits, permits for carrying hazardous materials, training standards 
for entry level drivers. They should not be languishing for years.
  Databases at DOT are incomplete, unreliable. The Department lacks 
adequate personnel and adequate facilities at our borders to stop the 
influx of unsafe trucks. Perceived conflicts of interest have 
undermined the credibility of DOT's research program.
  Since those troubling reports and analyses have been issued, the 
Secretary, to his great credit, has taken important steps to improve 
the effectiveness of the motor carrier safety program. Secretary Slater 
did not stand idly by wringing his hands denying the problems but, in 
fact, acknowledged that there were deficiencies and set about 
correcting them. But the Secretary does not have sufficient authority 
to go as far as is needed. This legislation gives him that authority, 
gives him the resources.
  There are four principles, I believe, that underlie any motor carrier 
safety program. Safety should be the primary mission. Second, sound and 
credible research must be the foundation for good policy. Third, 
vigorous oversight and enforcement must be an essential part of the 
program. And fourth, there have to be adequate financial and personnel 
resources.
  This bill addresses each one of those four principles. It creates a 
new administration, the National Motor Carrier Administration, within 
DOT. The new administration will have the direction, the incentives, 
the financial and the personnel resources needed to improve motor 
carrier safety. There will also be a regulatory ombudsman in this new 
administration with the authority to speed up rulemaking by assigning 
the additional necessary staff and the authority to resolve 
disagreements within the agency.
  What pleases me most is that the bill follows the model in the spirit 
of the legislation, the model of the Federal Aviation Act of 1958, 
which established the FAA for the purpose of improving aviation safety. 
This bill directs the National Motor Carrier Administration to consider 
the assignment and maintenance of safety as the highest priority.
  The clear intent, the clear encouragement, the obvious dedication of 
the Congress in this legislation is to the furtherance of the highest 
degree of safety in motor carrier transportation. With that statement, 
we put the whole body and thrust of this new entity on the path of 
safety.
  The four top officials of the administration, the administrator, 
deputy administrator, chief safety officer, regulatory ombudsman, are 
each required under this bill to sign a performance agreement with 
specific measurable goals to carry out this safety strategy, including 
increasing the number of inspections and compliance reviews, eliminate 
the backlog in rulemaking, eliminate the backlog in enforcement cases, 
improve quality and effectiveness of databases, and improve inspection 
at our borders.
  If those goals are met, these officials will be eligible for 
performance dividends of up to $15,000 each. In addition, agency 
employees as a group will be eligible for a bonus if the new entity 
makes sufficient progress toward accomplishing these goals.
  The administration will have the resources it needs to do a better 
job because the bill will provide a substantial increase in guaranteed 
and authorized funding for motor carrier safety programs. The resources 
of the new administration will be 70 percent higher than current 
staffing standards at the Office of Motor Carriers in its current 
structure. That means $38 million a year more. Additional funding will 
help this new Motor Carrier Administration hire more inspectors and 
more attorneys to complete the rulemakings that are necessary.
  Motor carrier safety grants to States, which are an important element 
and in fact the backbone of enforcement, motor carrier safety grants 
will be increased 68 percent. That is $65 million more in each of the 
fiscal years authorized under the bill. And there will be an additional 
$75 million a year for motor carrier safety grants above that 
guaranteed levels.
  There are a number of program changes to improve safety by keeping 
dangerous drivers off the roads and enhancing oversight.
  We, in this legislation, improve the consistency of commercial 
driver's licenses by closing loopholes and recordkeeping and putting in 
place tougher penalties for crashes that cause fatalities, and we 
authorize DOT to decertify the Commercial Driver's License program of 
States that do not comply with these national requirements.

[[Page 25340]]

  Finally, trucks entering the United States will face much more 
intensive oversight when DOT implements the new staffing standards for 
inspectors at our borders. There will be penalties high enough to make 
it clear to violators that they have got to be in compliance.
  Maximum fines will be assessed for repeat offenders as well as for 
patterns of violations of our safety laws and regulations.
  All in all, taken together in a comprehensive basis, this is a new 
era for motor carrier safety on America's highways.
  Mr. Chairman, I reserve the balance of my time.
  Mr. PETRI. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, the bill before us, the Motor Carrier Safety Act of 
1999, is a comprehensive bill designed to improve truck and bus safety 
by strengthening Federal and State safety programs.
  The bill creates a new National Motor Carrier Administration within 
the U.S. Department of Transportation to administer Federal motor 
carrier safety programs. It increases funding from the Highway Trust 
Fund for Federal and State safety efforts, and it tightens the 
commercial driver's license program.
  For example, the bill gives the Secretary emergency authority to 
revoke the license of a truck or bus driver who is found to constitute 
an imminent hazard.
  This year the subcommittee held 4 days of hearings on motor carrier 
safety issues. We heard from a broad range of witnesses, including the 
Department of Transportation, the Inspector General, the General 
Accounting Office, representatives of the truck and bus industries, 
organized labor, and highway safety representatives.
  After listening to their testimony, we concluded that the best course 
of action that this committee could take for the safety of the Nation 
was to create this administration. The bottom line was that truck 
safety was just not getting the level of attention it should while it 
was part of the Federal Highway Administration.
  The process of establishing this administration has already begun 
because of the inclusion in the Transportation Appropriations Act of a 
vision that prohibits the Federal Highway Administration from 
continuing to carry out motor carrier safety functions. The Secretary 
of Transportation has implemented this provision by creating a 
freestanding office.
  The National Motor Carrier Administration is given increased funding 
for safety to allow for growth in the number of safety inspectors and 
in safety research. The bill authorizes $420 million over the next 3 
years from the Highway Trust Fund for motor carrier safety grants, and 
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.
  The bill has bipartisan support. The Secretary of Transportation 
wrote to us on Tuesday in support of the legislation. It is an 
important bill that truly will improve highway safety, and I urge its 
immediate passage.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I am pleased to yield 3 minutes to the 
gentleman from West Virginia (Mr. Rahall), ranking member of the 
Subcommittee on Ground Transportation.
  Mr. RAHALL. Mr. Chairman, I thank the distinguished ranking member 
for yielding me the time. I want to commend him, as well as the 
gentleman from Pennsylvania (Chairman Shuster) and the gentleman from 
Wisconsin (Mr. Petri), the subcommittee chairman, for bringing the 
Motor Carrier Safety Act of 1999 to the floor today.
  The fundamental problem that this legislation seeks to address is 
this: in recent years, the Office of Motor Carriers began to move away 
from a prescriptive regulatory regime to a performance-based program. 
This in and of itself is not bad.
  However, in doing so, the Office of Motor Carriers sought to leap-
frog rather than evolve; and a void was created, a void in fundamental 
inspection and enforcement activities and a void in leadership. This 
has caused a trickle-down effect on State programs and left us with 
inadequate compliance reviews, inspection levels, and a legacy of 
unpromulgated regulations.
  In response, the pending legislation does three things. First, it 
seeks to rehabilitate the Office of Motor Carriers by establishing it 
as a separate entity within the Department of Transportation. In doing 
so, we are hoping to provide its programs with the emphasis and the 
priority that they deserve within the Department's pecking order.
  Motor carrier safety, Mr. Chairman, should not be second to aviation 
safety. Motor carrier safety should not be second to railroad safety. 
Indeed it should, at the very least, be on par with them.
  Second, this bill will make improvements to the Commercial Driver's 
License program, primarily by closing loopholes relating to the 
qualification of drivers.
  Third, this bill will provide both truck and bus safety programs with 
greater financial resources, with some targeting taking place at border 
crossings.
  I think we are at a crossroads here. We can quibble and we can 
quarrel about where motor carrier safety jurisdiction should rest, or 
we can seize the brass ring and pull these safety programs out of the 
quagmire they are currently wallowing in and by doing so do some real 
good for the American people and their safety.
  Again, Mr. Chairman, I wish to commend the gentleman from 
Pennsylvania (Chairman Shuster); the gentleman from Wisconsin (Mr. 
Petri), the subcommittee chairman; and the gentleman from Wisconsin 
(Mr. Obey), the ranking Democrat, for their truly diligent and 
dedicated work on this legislation.
  I wish to conclude by commending our Secretary of Transportation, 
Rodney Slater, as well, for not only supporting the pending legislation 
on behalf of the administration but for the efforts that he has made, 
especially since the enactment last week of the transportation 
appropriations bill and the truly dedicated efforts he and his staff 
have made to ensuring that the traveling public remain in a safe 
manner.
  Mr. PETRI. Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I am pleased to yield 5 minutes to the 
gentleman from Illinois (Mr. Lipinski), the ranking member of the 
Subcommittee on Aviation.
  Mr. LIPINSKI. Mr. Chairman, I want to thank the ranking member of the 
full committee for yielding me this time.
  Mr. Chairman, I rise today in strong support of H.R. 2679. But 
specifically, I rise to say thank you to the gentleman from 
Pennsylvania (Chairman Shuster), the gentleman from Minnesota (Mr. 
Oberstar), the gentleman from Wisconsin (Chairman Petri), and the 
gentleman from West Virginia (Mr. Rahall) for incorporating into the 
manager's amendment an amendment that I crafted along with my friend 
and colleague, the gentleman from New York (Mr. Quinn), regarding 
foreign trucks.

                              {time}  1300

  According to a letter from the Department of Transportation's 
Inspector General to the Senate transportation appropriations chairman, 
unsafe Mexican trucks have been found illegally in 28 States in 
violation of NAFTA.
  Mr. Chairman, the full text of the letter is as follows:

         U.S. Department of Transportation, Office of the 
           Secretary of Transportation,
                                     Washington, DC, June 14, 1999
     Hon. Richard C. Shelby,
     Chairman, Subcommittee on Transportation, Committee on 
         Appropriations, Washington, DC.
       Dear Chairman Shelby: At the February 9, 1999 hearing 
     before your committee on the Top Ten Management Issues within 
     the Department of Transportation, you asked if Mexican trucks 
     drive beyond the commercial zone boundaries of the four 
     border states. The answer is ``yes'', even though Mexican 
     trucks are not authorized to go beyond the commercial zones.

[[Page 25341]]

       All interstate motor carriers operating in the United 
     States, including Mexican motor carriers operating in the 
     commercial zones, are required to obtain a Department of 
     Transportation (DOT) identification number and to display 
     this unique identifying number on their commercial trucks. We 
     used the identification number to get the information needed 
     to answer your question.
       Under the Motor Carrier Safety Assistance Program, state 
     safety inspectors perform roadside inspections of commercial 
     trucks and drivers throughout the United States to ensure 
     compliance with U.S. safety regulations. Therefore, Mexican 
     trucks operating inside or outside the commercial zones are 
     subject to roadside inspections.
       The Office of the Inspector General extracted the DOT 
     identification numbers for motor carriers identified as 
     domiciled in Mexico from the Office of Motor Carriers 
     Management Information System. We compared these unique 
     numbers to the FY 1998 roadside inspections of commercial 
     vehicles also contained in the Office of Motor Carriers 
     Management Information System. The results of our comparison 
     indicate that:
       Roadside inspections were performed beyond the boundaries 
     of the commercial zone on 68 motor carriers identified as 
     domiciled in Mexico, and were performed more than once for 11 
     of the 68 carriers.
       Roadside inspections were performed on the 68 motor 
     carriers at least 100 times in 24 states on the U.S.-Mexico 
     border, which include the States of New York, Florida, 
     Washington, Montana, North Dakota, Colorado, Iowa, South 
     Dakota, and Wyoming.
       Roadside inspections were also performed on the 68 motor 
     carriers outside the commercial zones but within the four 
     border states (Arizona, California, New Mexico and Texas) 
     more than 500 times.
       This demonstrates that Mexican trucks are operating well 
     beyond the designated commercial zones. Enclosed is a copy of 
     our recent report on the Department's Motor Carrier Safety 
     Program. It identifies the current problems that impact 
     negatively on motor carrier safety together with 
     recommendations to address those issues.
       If I can answer any questions, or be of further assistance, 
     please feel free to contact me at 366-1959 or my Deputy, 
     Raymond J. DeCarli at 366-6767.
           Sincerely,
                                                  Kenneth M. Mead,
                                                Inspector General.

  Mr. Chairman, current law only allows Mexican trucks to travel into a 
small NAFTA commercial zone in the four border States. But as Members 
can see from this map, Mexican motor carriers have ignored the present 
law and have traveled all around the country, from Oregon to my home 
State of Illinois, to New York. Why do they ignore the law? Because 
there is no strong enforcement mechanism with which to punish violators 
of NAFTA. The current fine is only $500. Clearly, we need to strengthen 
these fines, and that is exactly what the gentleman from New York and I 
worked with the committee's leadership to have included in the 
manager's amendment.
  The manager's amendment raises the fine up to $10,000 with a possible 
disqualification for the first offense, and up to $25,000 and a 
guaranteed disqualification for a second offense. Surely, Mr. Chairman, 
Mexican and foreign motor carriers will think twice about violating our 
laws with such a stiff penalty. But this begs the question: Why has the 
Department of Transportation not done anything up to this point? Does 
this administration not care about executing international treaties and 
the laws of this country? Why has the $500 fine, which is measly, not 
been enforced by the Department of Transportation? They have not 
bothered to issue one fine for 68 motor carriers that have gone beyond 
the commercial zone. Why? Has this administration bowed down to the 
altar of free trade so much that they are afraid to execute their own 
laws?
  Hopefully, these new penalties will give the DOT the teeth and the 
motivation to enforce current law. If they do not enforce the law, Mr. 
Chairman, the American people will suffer the consequences. The DOT 
Inspector General found that only 1 percent of the 3.7 million Mexican 
trucks that crossed into the United States in 1997 were inspected. And 
of that 1 percent, almost 50 percent have been ordered to undergo 
immediate service for safety problems. Clearly, if the DOT does not 
start issuing the harsh fines and penalties that this bill empowers 
them to do, then we will find millions upon millions of unsafe Mexican 
trucks on our highways and byways.
  While I am grateful that my concerns were addressed in the manager's 
amendment, I would be remiss if I did not say that possible loopholes 
could be closed and that these penalties could be strengthened so that 
the DOT would not have any choice but to penalize violators to the 
fullest extent. Hopefully these concerns can be addressed in the 
future.
  In addition to the foreign penalty provisions, I am extremely happy 
that this bill addresses the lack of truck and bus safety enforcement 
on our American roads. Back on May 17, I and the gentleman from 
Illinois (Mr. Davis) led an Illinois delegation letter to the gentleman 
from Pennsylvania (Mr. Shuster) and the gentleman from Minnesota (Mr. 
Oberstar) that emphasized the dangers that drivers in my home State of 
Illinois face due to the lack of intense truck inspections. Illinois' 
roads are the most traveled truck routes in the U.S. Yet Illinois ranks 
at the bottom when it comes to the percentage of intensive truck 
inspections performed on its trucks. I have no doubt that the low level 
of intense inspections led to 166 fatalities in large truck crashes in 
1996 and in 1997 in Illinois. I therefore asked the gentleman from 
Pennsylvania and the gentleman from Minnesota to increase the funding 
for the grant programs to the States so that the level of intense 
inspections can increase in Illinois and other States. I am pleased 
that these wise men heeded my advice and increased the motor carrier 
safety assistance program by $250 million over the course of the next 4 
years.
  Mr. Chairman, I am grateful that the leadership on the Committee on 
Transportation and Infrastructure has given State inspectors the tools 
to make our roads safer. I am also extremely grateful that the 
committee worked with the gentleman from New York and I on such short 
notice in order to give the DOT the same tools to protect our roads 
from unsafe foreign trucks. As the world grows into a smaller place, it 
is clear that we must address and punish domestic as well as foreign 
violators of our laws.
  Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the gentleman from 
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Chairman, I thank the gentleman for yielding me 
this time.
  I am pleased to support this legislation. I appreciate what the 
gentleman from Illinois (Mr. Lipinski) mentioned in some detail on the 
floor, and I shall not repeat the pattern of illegal operations that we 
are seeing across the country.
  What is important here is that we have legislation that for the first 
time is going to provide some real teeth, being able to take people who 
have a pattern of illegal operation in this country, in many cases they 
are unsafe and environmentally not sound, being able to take these 
operations out of service. There is an opportunity now to strengthen 
the provisions so that we make sure that the civil penalties that 
sometimes people are simply ignoring can in fact be enforced, and a 
pattern of offenses can result in a significant fine of $25,000 and 
that they will be disqualified.
  I do not think that this is an issue necessarily that deals with free 
trade or not. I think this is one area where people on both sides of 
NAFTA, for instance, can come together. This is simple, common-sense 
enforcement of our motor carrier laws, standing up for what is 
important for our motorists, for the environment. In fact, I think that 
people who had supported NAFTA have even more reason to stand up, 
because if we are not providing this type of enforcement, it makes a 
sham out of the representations that are made that are in good faith on 
this floor in bringing this legislation forward.
  Last but not least, I like the notion of disarming people who are not 
appropriately operating vehicles in this country. I feel that if we 
take this philosophy further, I think nothing would solve the problem 
of repeat drunk drivers more than taking the cars away, selling them, 
getting their attention, the same way that taking these trucks out of 
service, taking these vehicles out of service will get their attention. 
It is a simple, common-sense approach that I think the American public 
would

[[Page 25342]]

support, with broad application, and I hope that it will prove to be 
effective here and will be able to be used in other areas of making our 
highways safer and making sure that people obey our laws.
  Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the gentleman from 
Texas (Mr. Bentsen).
  Mr. BENTSEN. Mr. Chairman, I rise today in strong support of the bill 
put forth by the gentleman from Pennsylvania and the gentleman from 
Minnesota as well as the chairman and ranking member of the 
subcommittee to bring increased truck safety on our highways and to 
rein in those commercial motor carriers that are attempting to operate 
with a loose regard for safety. In my district in the Houston, Texas 
area, many major highway routes in and around the city and Harris 
County have increasingly become the scene of horrendous accidents 
involving tractor-trailers and small passenger vehicles.
  Just this month, a criminal trial has concluded involving a truck 
driver who, while operating an 18-wheeler with faulty brakes and also 
driving while intoxicated, killed four members of the Groten family of 
the city of West University which is in the 25th District. Lisa Groten 
managed to escape the crash but was forced to watch as her husband was 
unable to extricate himself from the wreckage and died as well as her 
three children who were killed instantly. I think that it is highly 
incumbent upon the Congress to move quickly as the chairman and ranking 
member have chosen to do so in bringing this bill forward and saying 
that we are going to crack down on this type of activity.
  Second of all, I want to associate myself with the remarks both of 
the gentleman from Oregon and the gentleman from Illinois on the 
problem of illegal truck activity from Mexico and, for that matter, 
Canada as well. I do support NAFTA, but I think the gentleman from 
Illinois is correct and, that is, that the laws and the agreements made 
in NAFTA must be enforced. We have consistently found, the General 
Accounting Office has found, that the inspections at the border have 
been wholly insufficient and until such time as there is adequate 
inspection at the border, I do not believe we can expand access to 
trucks coming in from Mexico, ensuring that they are meeting the safety 
requirements and the road requirements that we require American trucks 
to meet. I commend the ranking member and the chairman for that. But 
most of all let me say in conclusion that I think this is a good bill 
and it puts safety first. That is what we owe our constituents.
  Mr. SHUSTER. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Minnesota (Mr. Gutknecht).
  Mr. GUTKNECHT. Mr. Chairman, I thank the gentleman for yielding me 
this time and would like to engage him in a colloquy on the important 
subject of railroad mitigation.
  As the gentleman well knows in my district, the Dakota, Minnesota and 
Eastern Railroad has proposed a $1.4 billion upgrade of its current 
line which will transform the railroad from a sleepy, couple-of-trains-
a-day to a modern, high-speed, busy railroad. Needless to say, many of 
my constituents are concerned about what this means to them.
  The West probably would not have been opened without the help of 
railroads. Many of our first towns were built to provide water and coal 
to the early trains. Some railroads do not serve the communities they 
travel through today. They are only interested in the cargo traffic 
moving between major cities. There are benefits to large regional and 
national railroads. Americans enjoy cheaper products, quicker delivery 
from coast to coast and much more.
  In dealing with the railroads, communities must build safety 
crossings, viaducts and more. These things cost a lot of money. A 
simple railroad crossing with gates for a two-lane road costs about 
$150,000. Minnesota, my State, receives $4.5 million from the Federal 
Government for railroad mitigation. That is enough for 30 crossings. 
The DM&E will have 300 crossings in Minnesota alone.
  Because the Federal railroad mitigation account is underfunded, many 
mitigation projects are funded by the local taxpayers, even though 
those taxpayers will receive minimal benefit from the railroad. This is 
not right. A strong economy rides on a good transportation system which 
must include modern railroads. However, if our national policy is such 
that it promotes railroads at the expense of our local folks, then 
problems will arise.
  I hope the gentleman will agree that the American people would 
support helping out communities negatively affected by railroads which 
does not really help the community. As a matter of fact, the Federal 
Government should help these communities.
  I believe the gentleman's committee and the subcommittee chaired by 
the gentleman from Wisconsin (Mr. Petri) will be holding hearings on 
this topic, and I would appreciate if he could examine some particular 
concerns that I have. And, if possible, I would appreciate the 
opportunity to testify about the specific problems communities in my 
district are facing.
  Mr. SHUSTER. If the gentleman will yield, I want to assure the 
gentleman that we will be looking at this important safety issue. We 
will be very pleased to have him involved in the process, and if we 
hold hearings, as I expect we will, to have him testify.
  Mr. OBERSTAR. Mr. Chairman, I yield myself such time as I may consume 
for the purpose of addressing, supplementing the excellent statement 
the gentleman from Minnesota (Mr. Gutknecht) has just raised.
  The matter of the DM&E Railroad is a very serious one for the city of 
Rochester, Minnesota, where the world renowned Mayo Clinic is located. 
The DM&E expanded service will mean as many as 30 trains a day rumbling 
within a quarter of a mile or less of the heart of the Mayo Clinic and 
right next to one of its main hospitals. That amount of vibration and 
attendant noise is very disconcerting to the medical staff and the 
administration of the Mayo Clinic.

                              {time}  1315

  It is a very serious matter. The best way it can be addressed, I 
think, is to completely relocate the railroad at a cost of several 
hundreds of millions of dollars. There are other mitigation efforts, 
though, that can be taken at less cost that can and should be taken; 
and I am delighted to work with my colleague who represents the 
Rochester area with distinction in this body and with the mayor of 
Rochester and the Mayo Clinic board. We must do all that we can to 
assure that this medical institution with an international reputation 
is not demeaned in any way by the necessary railroad service that must 
also go through the community.
  I know this is a very thorny issue that the gentleman has attempted 
to address, and it is a statewide matter. It is not just a local 
matter.
  Mr. GUTKNECHT. Mr. Chairman, will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from Minnesota.
  Mr. GUTKNECHT. Mr. Chairman, I just want to thank my colleague from 
Minnesota who does such a good job for us on the Committee on 
Transportation and Infrastructure.
  This is a major issue, and frankly I think Rochester is one example; 
but it really is an example that we are going to be facing around the 
rest of the country. We certainly need railroads. We need to upgraded 
many of the railroads that are out there, but I think it has got to be 
taken into account in terms of our overall transportation strategy and 
what level of support the Federal Government should provide.
  The one thing I think we should all agree, and that is that local 
taxpayers should not be held responsible to pay enormous costs for a 
new railroad upgrade from which they get very little benefit, and I 
think there is a big public policy question here, the issue of the Mayo 
Clinic is certainly a big one as well, and I want to thank the 
gentleman from Minnesota in joining with me to work with local 
communities to help solve these problems.
  Mr. OBERSTAR. Mr. Chairman, additionally I would point out this 
instant

[[Page 25343]]

case plus an additional one in the district of our colleague from near 
Cleveland, Ohio (Mr. Kucinich) where the CSX merger has increased, and 
let me take that word back, has doubled rail traffic to 110 trains a 
day through his little town of Berea, Ohio.
  The vibration, the noise, the safety whistles of the trains going 
through have disrupted to an unacceptable level the lives of the people 
who for years have lived peaceably along that track. The situation is 
parallel to that of the gentleman from Minnesota, and the Surface 
Transportation Board has to take into account these adverse 
consequences on communities in its consideration of requests for 
service expansion and mergers of the Nation's railroads. This is an 
instant case of the failure of the Surface Transportation Board 
adequately to consider the adverse impacts on people, business, and 
people and other businesses in the communities served by the very 
important rail service of our Nation.
  Mr. WOLF. Mr. Chairman, let me just say that I appreciate the 
gentleman from Pennsylvania, Mr. Shuster, for bringing up H.R. 2679 on 
the floor of the House today. Truck safety is a topic in which we both 
have an interest and it is important that this House continue to 
address it.
  The current structure of motor carrier enforcement is just not 
working. It has allowed trucks to operate on the road that are unsafe 
and has resulted in over 5300 deaths for several years. In short, the 
status of truck safety is not good.
  This bill, while not perfect is a good first step towards improving 
safety in the trucking industry. For the record, most truck drivers and 
trucking companies operate in a safe manner. They care not only about 
making the delivery on time, but making it safely. But there are those 
on the margins who unfortunately operate unsafely. It is those that 
this bill focuses on.
  I would like to bring to the House's attention a letter from safety 
groups that has recommendations to improve truck safety and I believe 
the Congress and Administration should address these recommendations as 
this bill moves toward enactment.
  The letter follows:

                           Urgent--Vote Today

     Public Citizen Advocates for Highway and Auto Safety.
     Trauma Foundation.
     Citizens for Reliable and Safe Highways (CRASH).
     Parents Against Tired Truckers.
     Consumer Federation of America.


  safety groups and truck crash survivors urge members of congress to 
               strengthen safety provisions in h.r. 2679

                                                 October 14, 1999.
       Dear Representative: Today the House is expected to vote on 
     H.R. 2679, a bill to establish a National Motor Carrier 
     Administration in the U.S. Department of Transportation. This 
     legislation is an outgrowth of a number of reports from the 
     Inspector General of the U.S. Department of Transportation 
     and the General Accounting Office as well as hearings held by 
     the National Transportation Safety Board and the Congress 
     documenting the failures of the Federal Motor Carrier Safety 
     program: failure to conduct inspections, failure to impose 
     penalties, failure to issue safety standards, failure to 
     collect and analyze accurate data, failure to conduct 
     important scientific research, and failure to maintain an 
     appropriate arms length relationship with the regulated 
     industry. Taxpayer dollars have been squandered and safety 
     has been seriously compromised.
       Every year, more than 5,300 people die in crashes involving 
     motor carriers and 127,000 are injured. Although big trucks 
     account for only 3% of registered vehicles, they are involved 
     in 9% of all fatal crashes and 12% of all highway deaths. 
     Additionally, more than one out of five (22%) of passenger 
     vehicle occupant deaths on our highways result from crashes 
     with large trucks. Not surprisingly, in crashes involving a 
     truck and passenger car, 98% of the fatalities are passenger 
     car occupants. The fatalities are the equivalent of a major 
     fatal airline crash every two weeks. It is a national 
     disgrace that our federal regulatory and enforcement agency 
     has failed to protect our American families on the highway.
       We commend the House for moving swiftly in this session to 
     enact motor carrier legislation. H.R. 2679 makes some 
     important improvements in truck safety with provisions such 
     as detailed attention to strengthening the Commercial Driver 
     License Program. We also appreciate the emphasis in H.R. 2679 
     on ``safety as highest priority.'' In addition, the Manager's 
     amendments of October 13, 1999, appropriately devote extra 
     attention in a new provision to the problem of illegal 
     operations by foreign carriers which can pose a growing 
     problem to highway safety if not checked, although we are 
     concerned with the requirement that the violation be 
     ``intentional.''
       However, H.R. 2679, even with these and other provisions, 
     can only be regarded at best as a tentative first step 
     towards comprehensive motor carrier safety reform. Not only 
     does the bill fail to address numerous, major areas of need 
     to ensure significantly improved federal regulation and 
     enforcement, but it essentially compromises the basic safety 
     mission of a new independent motor carrier agency by charging 
     it with oversight of economic laws and regulations, including 
     responsibilities only recently assigned to the new Surface 
     Transportation Board (STB) by the Interstate Commerce 
     Commission (ICC) Termination Act of 1995.
       This commingling of economic administrative duties with 
     safety stewardship creates potentially conflicting missions 
     which could lead to safety policy choices that are inevitably 
     balanced with issues affecting the productivity and economic 
     health of the trucking industry. In fact, H.R. 2679 actually 
     increases the likelihood of economic considerations adversely 
     influencing agency safety policy decisions because it places 
     the administration of several sections of 49 United States 
     Code in the new agency which had formerly been assigned, 
     first, to the old ICC and, more recently, to the new STB. It 
     is clear that, if enacted in its present form, H.R. 2679 
     would permit the agency to subvert the goals of safety 
     regulation and enforcement by weighing them in a scale 
     balanced explicitly with the economic needs of industry.
       We are also concerned that the major problems identified by 
     the Inspector General, the Government Accounting Office, and 
     numerous witnesses are not addressed in this legislation, yet 
     this legislation is an unprecedented opportunity to change 
     the course of truck safety. With the addition of the 
     following provisions recommended as well on many occasions by 
     the safety organizations and survivors of truck crashes, the 
     legislation would go a long way towards stemming this carnage 
     on our highways.
       We encourage members of Congress to propose amendments that 
     address the following key deficiencies in H.R. 2679 to 
     achieve strong legislation that will make our highways safer:
       There is no direct charge to the new motor carrier agency 
     explicitly to implement the findings and recommendations in 
     the comprehensive report issued by the U.S. Department of 
     Transportation's Office of the Inspector General in April 
     1999 which delineates the multiple failures of the Office of 
     Motor Carriers and Highway Safety (OMCHS). The early 
     provisions of the bill, such as Section 102, which simply 
     consign important motor carrier safety enhancement goals to 
     the discretion of the Secretary, cannot substitute for 
     specific legislated targets and is essentially hortatory 
     rather than prescriptive for agency compliance.
       The bill fails to assign appropriate shared jurisdiction 
     with the National Highway Traffic Safety Administration 
     (NHTSA) for data acquisition and evaluation, including 
     violation records and crash causation analysis, and for 
     regulating retrofitted safety features, safety component 
     maintenance, and safety equipment performance of in-service 
     commercial motor vehicles, a responsibility which could 
     substantially improve on-the-road motor carrier safety. The 
     NHTSA issues new truck safety standards and should be 
     responsible for concurrent issuance of requirements to 
     maintain these standards in trucks on the road.
       There have been significant conflict of interest problems 
     involving research contracts at the OMC. The agency is 
     ignoring general regulations that direct government agencies 
     to avoid conflicts of interest in the awarding of contracts. 
     As the Teamsters testified, OMC has awarded numerous 
     contracts to the regulated industry to develop safety 
     standards governing that industry. This is unacceptable and 
     the bill should prohibit such conflicts.
       A number of major areas of need regarding the 
     qualifications of both new commercial drivers and of entrant 
     motor carriers are not addressed. Among these are the 
     pressing need for commercial driver entry-level and advanced 
     training and certification as conditions for taking the basic 
     CDL and advanced endorsement examinations, and for a 
     proficiency examination requiring demonstrated understanding 
     of the Federal Motor Carrier Safety Regulations by new 
     drivers and by applicant carriers seeking interstate 
     operating authority.
       Specific reform of data needs such as mandating that the 
     States maintain certain violation records, including traffic 
     and felony violations, as well as a 10-year calendar 
     governing Out of Service order violations, is not contained 
     in H.R. 2679, although it is widely acknowledged that the 
     Commercial Driver Licensing Information System is poorly 
     administered and has either mistaken, outdated, or missing 
     data entries needed to track commercial drivers for potential 
     license suspension and driver disqualification.
       H.R. 2679 not only fails to mandate specific minimum 
     penalties that must be imposed by the Secretary, it weakens 
     its direction to the Secretary in Section 208 to impose 
     ``civil penalties at a level calculated to ensure

[[Page 25344]]

     prompt and sustained compliance'' by providing blanket 
     discretion to the Secretary not only to lower the amount of 
     such penalties but even to forgive repeated violations of 
     safety law and regulation without penalty.
       Other legislative initiatives, such as the need to consider 
     extending the CDL requirements downward to commercial 
     vehicles less than 26,000 pounds, closing the gap between 
     federal motor carrier safety standards and the often far 
     weaker state standards which nevertheless pass muster for 
     securing Motor Carrier Safety Assistance Program (MCSAP) 
     funds, and addressing the growing problem of high rates of 
     deaths and injuries inflicted by intrastate-only motor 
     carriers, are simply absent in H.R. 2679.
       These deficiencies are far from a comprehensive listing of 
     the missing provisions and failed approach of H.R. 2679 in 
     dealing with a large and growing problem of weak federal 
     safety oversight, widespread scofflaw conduct by drivers and 
     carriers, systematic falsification of commercial driver paper 
     logbooks, the need to strengthen federal enforcement 
     mechanisms and insulate a new motor carrier agency from 
     industry influence. Also, as the Administration's letter 
     points out, the word ``safety'' should be in the name of the 
     new agency, since that is its mission. If taxpayer dollars 
     are going to be spent on the creation of a new agency to 
     regulate and enforce motor carrier safety, it should be 
     equipped with the authority to address all recognized 
     problems and not just a few of them.
       The American public is virtually unanimous that large 
     trucks are a source of great danger on the highway and that 
     action should be taken to make them safer. In two very recent 
     polls, when asked whether they would pay more for goods 
     shipped by trucks in exchange for truck safety improvements, 
     78% of the public said ``yes.'' An overwhelming 93% said that 
     allowing truck drivers to drive longer hours is less safe and 
     80% said it is much less safe. A large 81% favors 
     installation of new technology such as driver warning systems 
     and black boxes in trucks to improve enforcement. On that 
     point, the National Transportation Safety Board has 
     recommended again and again for over 15 years that black 
     boxes be installed in trucks yet the Office of Motor Carriers 
     has never initiated such a requirement.
       The proposals listed above are reasonable and modest. If 
     5,300 people were killed every year and 127,000 people 
     injured in airline crashes, the House would be enacting a 
     bill addressing all facets of the problem. It would be 
     holding emergency hearings condemning airline operations, the 
     newspapers would put it on the front page, and it would be 
     the lead story on the evening news. The trauma, the 
     heartbreak, and the government responsibility are no less 
     because these deaths are occurring one by one, community by 
     community across America. This legislation is literally a 
     matter of life and death. It is time to set things right and 
     assure the public the kind of vigorous federal action which 
     will be measured in crashes avoided and deaths prevented.
       Your constituents are expecting leadership from their 
     elected officials to tackle this problem. We urge you to 
     fulfill this obligation.
           Sincerely,
       Judith L. Stone, President, Advocates for Highway and Auto 
     Safety, Washington, DC.
       Andrew McGuire, Executive Director, Trauma Foundation, San 
     Francisco General Hospital, San Francisco, CA.
       Joan Claybrook, President, Public Citizen, Washington, DC.
       Daphne Izer, Parents Against Tired Truckers, Lisbon Falls, 
     ME.
       Michael Scippa, Executive Director, Citizens for Reliable 
     and Safe Highways, Tiburon, CA.
       Ellen Smead, Consumer Coalitions Coordinator, Consumer 
     Federation of America, Washington, DC.

  Mr. TRAFICANT. Mr. Chairman, I rise in support of H.R. 2679. This 
bill makes significant changes in how motor carrier safety rules are 
enforced. These changes will save lives and strengthen safety on our 
roads.
  While I support the bill, I want to continue working with Chairman 
Shuster, Chairman Petri and Ranking Member Oberstar and Ranking Member 
Rahall to develop a consensus on how to address the inadequacies in 
current law relative to the commercial drivers license program for the 
school transportation industry.
  While the bill before us today makes an earnest effort to resolve 
these issues, I think it falls short of what is needed to address the 
key problems facing the school transportation industry. These are the 
recruitment and retention of highly qualified and dedicated school bus 
drivers nationwide, and sustaining the remarkable safety record of so-
called ``yellow'' school buses.
  State directors of pupil transportation across the country are 
concerned about chronic school bus driver shortages. It is a serious 
problem in school districts across the country. The school 
transportation industry has always experienced a high turnover rate. 
Unfortunately, the current CDL program encourages prospective school 
bus drivers to avail themselves of the free CDL training the school 
transportation industry provides only to accept employment elsewhere. 
In many instances, these drivers never get behind the wheel of a school 
bus.
  The school transportation industry has wasted millions of dollars 
training drivers who use their CDL to drive commercial vehicles other 
than school buses. This is senseless drain on the precious resources of 
school districts and small businesses. It has also exacerbated the 
school driver shortage problem which is forcing many school districts 
to adjust class schedules--often forcing young children to leave for 
school as early as 7:15 in the morning.
  I hope to continue working with the committee to develop legislation 
that incorporates the following principles:
  Every new school bus driver should be administered, as part of their 
CDL training, both written and skills tests that more closely assess 
the knowledge and skills required to operate a school bus. The 
Department of Transportation should promulgate minimum testing 
standards that States must use in their testing. States should then be 
required to provide a school-bus specific CDL.
  That school bus-specific CDL should also be restricted, so as to 
require a holder desiring to operate another commercial vehicle in the 
same or a higher class to retest for that vehicle type. Illinois and 
Connecticut have implemented such a system, and have experienced a 
decline in wasted training costs and significantly higher school bus 
driver retention rates.
  It is true that under current law there is nothing preventing more 
states from emulating Illinois and Connecticut. Unfortunately, over the 
12-year history of the CDL law, most states have been slow to address 
this widespread and vexing problem.
  It is also true that the school bus industry has an exceptional 
safety record. However, I echo the concern of the school transportation 
industry that, unless Congress takes action to encourage the retention 
and recruitment of highly qualified and dedicated school bus drivers, 
safety will be compromised.
  There needs to be uniformity among the states when it comes to 
certifying school bus drivers--the same type of uniformity the original 
CDL law was intended to foster. Since 1997, Congress has been presented 
with testimony from the states that this is a problem that continues to 
grow.
  Once again, I hope to continue working with the committee to develop 
a consensus legislative remedy to this problem as soon as possible.
  Mr. QUINN. Mr. Chairman, first of all, I would like to thank the 
distinguished Chairman of the Transportation Committee, Mr. Shuster, 
for his diligent work on this issue.
  He, along with Subcommittee Chairman Petri and Ranking Members 
Oberstar and Rahall, have done a magnificent job in crafting a bill 
that will comprehensively improve truck and bus safety.
  The Motor Carrier Safety Act is not just a ``quick fix'' to the 
problem of truck related accidents and deaths on our nation's highways.
  This legislation creates a new National Motor Carrier Administration 
that is directed to consider the assignment and maintenance of safety 
as its highest priority.
  H.R. 2679 makes reforms and closes loopholes in federal motor carrier 
safety programs and in the Commercial Driver's License program.
  And one section of the Manager's Amendment addresses another serious 
highway safety concern involving the presence of Mexican trucks 
operating illegally on our nation's highways.
  The Department of Transportation's Inspector General recently 
reported that 68 Mexican motor carriers have been found operating 
illegally in 24 different states.
  These trucks have been found as far north as my home state of New 
York--obviously well beyond the designated commercial zones.
  The presence of these trucks on our highways poses a serious threat 
to the safety of American travelers because they do not have to abide 
by our safety regulations.
  This legislation makes all illegally operating foreign carriers 
liable for a civil penalty and disqualification.
  I am proud to have co-authored this section with my colleague and 
good friend from Illinois, Mr. Lipinski.
  I feel we have adequately addressed the safety concerns of our 
highway users and I thank Chairman Shuster for including the language 
in the Manager's Amendment.
  Mr. OBERSTAR. Mr. Chairman, I yield back the balance of my time.
  Mr. SHUSTER. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.

[[Page 25345]]

  Pursuant to the rule, the amendment printed in Part A of House Report 
106-381 is adopted. The bill, as amended, shall be considered under the 
5-minute rule by title, and each title shall be considered read.
  Before consideration of any other amendment, it shall be in order to 
consider the amendment printed in Part B of the report if offered by 
the gentleman from Pennsylvania (Mr. Shuster) or his designee. That 
amendment shall be considered read, may amend portions of the bill not 
yet read for amendment and shall not be subject to the demand for 
division of the question.
  During consideration of the bill for further amendment the Chair may 
accord priority in recognition to a Member offering an amendment that 
has been printed in the designated place in the Congressional Record. 
Those amendments will be considered read.
  The Chairman of the Committee of the Whole may postpone until a time 
during further consideration in the Committee of the Whole a request 
for a recorded vote on any amendment and may reduce to not less than 5 
minutes the time for voting by electronic device on any postponed 
question that immediately follows another vote by electronic device 
without intervening business providing that the time for voting by 
electronic device on the first in any series of questions shall not be 
less than 15 minutes.
  Mr. SHUSTER. Mr. Chairman, I ask unanimous consent that the entire 
bill be printed in the Record and open to amendment at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Pennsylvania?
  There was no objection.
  The text of H.R. 2679, as amended, is as follows:

       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 Act of 1999''.
       (b) Table of Contents.--

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

             TITLE I--NATIONAL MOTOR CARRIER ADMINISTRATION

Sec. 101. Establishment of National Motor Carrier Administration.
Sec. 102. Motor carrier safety strategy.
Sec. 103. Revenue aligned budget authority.
Sec. 104. Additional funding for motor carrier safety grant program.
Sec. 105. Motor carrier safety advisory committee.
Sec. 106. Effective date.

          TITLE II--COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY

Sec. 201. Disqualifications.
Sec. 202. CDL school bus endorsement.
Sec. 203. Requirements for State participation.
Sec. 204. State noncompliance.
Sec. 205. 24-hour staffing of telephone hotline.
Sec. 206. Checks before issuance of driver's licenses.
Sec. 207. Border staffing standards.
Sec. 208. Minimum and maximum assessments.
Sec. 209. Study of commercial motor vehicle crash causation and data 
              improvement.

     SEC. 2. 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 too low and the number 
     and size of civil penalties for violators must be sufficient 
     to establish a credible deterrent to future violations.
       (3) The Department of Transportation takes too long to 
     complete statutorily mandated 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) There needs to be a substantial increase in appropriate 
     facilities and personnel 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 research awards in Federally funded research.
       (7) Unless meaningful measures to improve safety are 
     implemented expeditiously, projected increases in vehicle-
     miles traveled will raise the number of crashes, injuries, 
     and fatalities even higher.
       (8) Wisely used additional funding and personnel are 
     essential to the Department's ability to improve its 
     research, rulemaking, oversight, and enforcement activities 
     related to commercial motor vehicles, operators, and 
     carriers.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to improve the administration of the Federal motor 
     carrier safety program and to establish a National Motor 
     Carrier 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--NATIONAL MOTOR CARRIER ADMINISTRATION

     SEC. 101. ESTABLISHMENT OF NATIONAL MOTOR CARRIER 
                   ADMINISTRATION.

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

     ``Sec. 113. National Motor Carrier Administration

       ``(a) In General.--The National Motor Carrier 
     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. 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 National Motor Carrier 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) Regulatory Ombudsman.--The Administration shall have 
     a Regulatory Ombudsman appointed by the Administrator. The 
     Secretary and the Administrator shall each delegate to the 
     Ombudsman such authority as may be necessary for the 
     Ombudsman to expedite rulemaking proceedings 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.
       ``(g) Offices of Passenger Vehicle Safety, Consumer 
     Affairs, and International Affairs.--The Administration shall 
     have an Office of Passenger Vehicle Safety, an Office of 
     Consumer Affairs, and an Office of International Affairs.
       ``(h) 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, and 315; and
       ``(2) additional duties and powers prescribed by the 
     Secretary.
       ``(i) Limitation on Transfer of Powers and Duties.--A duty 
     or power specified in subsection (h)(1) may only be 
     transferred to another part of the Department when 
     specifically provided by law.
       ``(j) Effect of Certain Decisions.--A decision of the 
     Administrator involving a duty or power specified in 
     subsection (h)(1) and involving notice and hearing required 
     by law is administratively final.
       ``(k) 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

[[Page 25346]]

     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 one 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 
     National Motor Carrier 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. National Motor Carrier 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 National Motor Carrier 
     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 National Motor Carrier 
     Administration.
       ``Assistant National Motor Carrier Administrator.''.
       (e) Conflicts of Interest.--
       (1) Compliance with regulation.--In awarding any contract 
     for research, the National Motor Carrier Administrator 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 Administrator shall require that the text of 
     such section be included in any request for proposal and 
     contract for research made by the Administrator.
       (2) Study.--
       (A) In general.--The Administrator shall conduct a study to 
     determine whether or not compliance with the section referred 
     to in paragraph (1) is sufficient to avoid real or perceived 
     conflicts of interest in contracts for research awarded by 
     the Administrator 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 Administrator 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 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the results of the study conducted under 
     this paragraph.

     SEC. 102. MOTOR CARRIER SAFETY STRATEGY.

       (a) Safety Goals.--In conjunction with existing strategic 
     planning efforts, the Secretary of Transportation 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.
       (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 National Motor Carrier 
     Administrator.
       (B) The Administrator and the Deputy National Motor Carrier 
     Administrator.
       (C) The Administrator and the Chief Safety Officer of the 
     National Motor Carrier Administration.
       (D) The Administrator and the Regulatory Ombudsman of the 
     Administration.
       (2) Goals.--
       (A) In general.--Each annual performance agreement shall 
     set forth measurable organization and individual goals for 
     each lower ranking official referred to in paragraph (1).
       (B) Administrator, deputy administrator, and chief safety 
     officer.--The performance agreements entered into under 
     paragraphs (1)(A), (1)(B), and (1)(C) shall include the 
     numeric or measurable goals of subsection (b).
       (C) Regulatory ombudsman.--The performance agreement 
     entered into under paragraph (1)(D) shall include goals in 
     key operational areas, including promptly completing 
     rulemaking proceedings and complying with statutory and 
     internal departmental deadlines.
       (3) Progress assessment.--No less frequently than 
     semiannually, the Secretary shall assess the progress of each 
     lower ranking official 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) Review and renegotiation.--Each agreement entered into 
     under paragraph (1) shall be subject to review and 
     renegotiation on an annual basis.
       (5) Performance dividends.--
       (A) General authority.--The Secretary may award to the 
     Administrator, and the Administrator may award to each of the 
     Deputy Administrator, Chief Safety Officer, and Regulatory 
     Ombudsman, an annual performance dividend of not to exceed 
     $15,000.
       (B) Criteria for award.--If the Secretary finds that the 
     Administrator has, and if the Administrator finds that one or 
     more of the Deputy Administrator, Chief Safety Officer, and 
     Regulatory Ombudsman have, made substantial progress toward 
     meeting the goals of his or her performance agreement, the 
     Secretary or Administrator, as the case may be, may award a 
     performance dividend under this paragraph commensurate with 
     such progress.
       (C) Limitation.--Notwithstanding subparagraph (A), no 
     performance dividend may be awarded to an official under this 
     paragraph until the Administrator has submitted to the Office 
     of Management and Budget regulations issued, after the date 
     of enactment of this Act, to implement the safety fitness 
     requirements of section 31144 of title 49, United States 
     Code. The Secretary may waive the applicability of the 
     preceding sentence (i) upon a finding of extraordinary 
     circumstances, or (ii) for an official who has served in his 
     or her position for less than 365 days.
       (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) Bonus distribution.--In conjunction with the existing 
     performance appraisal process, the Secretary and the 
     Administrator shall award bonuses to all employees and 
     officials of the Administration (other than officials to 
     which subsection (d) applies) if the Secretary and the 
     Administrator determine that the performance of the 
     Administration merits the awarding of such bonuses. The 
     Secretary and the Administrator

[[Page 25347]]

     shall determine the size of bonuses to be awarded under this 
     paragraph based solely on the performance of the 
     Administration in its entirety and not on the performance of 
     any individual employee or official.
       (f) Miscellaneous Provisions.--
       (1) Funding.--The Secretary may use amounts deducted under 
     section 104(a)(1)(B) of title 23, United States Code, to make 
     awards of performance dividends and bonuses under this 
     section.
       (2) Relationship to other laws.--The authority to award 
     performance dividends and bonuses under this section shall be 
     in addition to any authority providing for bonuses or other 
     incentives under title 5, United States Code.
       (g) Report to Congress.--The Secretary shall report 
     annually to Congress the contents of each performance 
     agreement entered into under subsection (d), the official's 
     performance relative to the goals of the performance 
     agreement, and the performance dividends awarded or not 
     awarded based on the performance of the official. 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) and the bonuses awarded or not awarded based 
     on the performance of the Administration. The fiscal year 
     2002 annual report shall include an assessment of the 
     effectiveness of the performance dividends and agencywide 
     bonuses in improving the Administration's performance.

     SEC. 103. 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:

``126. Uniform transferability of Federal-aid highway funds.'';

     and
       (3) in the item relating to section 163 by striking 
     ``Sec.''.

     SEC. 104. 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 level of such expenditures 
     for fiscal year 1999.
       (d) 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. 105. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary of Transportation shall 
     establish in the National Motor Carrier Administration a 
     motor carrier safety advisory committee to advise, consult 
     with, and make recommendations to the National Motor Carrier 
     Administrator on matters relating to activities and functions 
     of the Administration.
       (b) Composition.--The advisory committee shall be composed 
     of representatives of the motor carrier industry, drivers and 
     manufacturers of commercial motor vehicles, employee and 
     safety organizations, enforcement agencies, insurance 
     industry, and the public.
       (c) Termination Date.--The advisory committee shall remain 
     in effect until September 30, 2003.

     SEC. 106. EFFECTIVE DATE.

       (a) In General.--This title shall take effect on the date 
     of enactment of this Act; except that the amendments made by 
     section 101 shall take effect on October 1, 2000.
       (b) Implementation.--
       (1) Authority of secretary.--The Secretary of 
     Transportation may take such action as may be necessary 
     before October 1, 2000, to ensure the orderly transfer of 
     duties and powers related to motor carrier safety, and 
     employees carrying out such duties and powers, from the 
     Federal Highway Administration to the National Motor Carrier 
     Administration.
       (2) Budget submissions.--The President's budget submission 
     for fiscal year 2001 and each fiscal year thereafter shall 
     reflect the establishment of the National Motor Carrier 
     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

[[Page 25348]]

     section 31310(b)(1)(E) or 31310(c)(1)(E) applies'' after ``a 
     fatality''.
       (b) Emergency Disqualification and 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.--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 serious 
     offenses involving a motor vehicle other than a commercial 
     motor vehicle. Such regulations shall establish the offenses 
     and minimum periods for which such disqualifications shall be 
     in effect, but in no case shall the types of disqualifying 
     noncommercial motor vehicle offenses or 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--
       (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. CDL SCHOOL BUS ENDORSEMENT.

       Section 31305(a) of title 49, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (7);
       (2) by striking the period at the end of paragraph (8)(B) 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) shall prescribe minimum testing standards for the 
     operation of a school bus (that is a vehicle described in 
     section 31301(4)(B)) in a State that elects to issue a 
     commercial driver's license school bus endorsement and may 
     prescribe different minimum testing standards for different 
     classes of school buses.''.

     SEC. 203. REQUIREMENTS FOR STATE PARTICIPATION.

       (a) Notification of State Officials.--Section 31311(a)(9) 
     of title 49, United States Code, is amended--
       (1) by striking ``operating a commercial motor vehicle''; 
     and
       (2) by inserting ``commercial'' before ``driver's 
     license''.
       (b) Provisional Licenses.--Section 31311(a)(10) of such 
     title is amended by inserting after ``commercial driver's 
     license'' the following: ``(including a provisional or 
     temporary commercial driver's license)''.
       (c) Recordkeeping.--Section 31311(a) of such title is 
     amended by striking paragraph (13) and inserting the 
     following:
       ``(13) 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 conviction by the State 
     of the individual for a violation 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 conviction.''.
       (d) Noncommercial Motor Vehicle Convictions.--Section 
     31311(a) of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(18) The State shall revoke, suspend, or cancel, for a 
     period determined in accordance with regulations issued by 
     the Secretary under section 31310(g), the commercial driver's 
     license of an individual who has been convicted of serious 
     offenses involving a motor vehicle other than a commercial 
     motor vehicle.''.
       (e) Conforming Amendment.--Section 31311(a)(15) of such 
     title is amended by striking ``subsections (b)-(e), 
     (g)(1)(A), and (g)(2) of''.

     SEC. 204. STATE NONCOMPLIANCE.

       (a) In General.--Section 31314 of title 49, United States 
     Code, is amended--
       (1) in the section heading by striking ``Withholding 
     amounts for''; and
       (2) by adding at the end the following:
       ``(d) Commercial Driver's Licenses.--
       ``(1) State not in substantial compliance.--If the 
     Secretary determines that a State is not in substantial 
     compliance with a requirement of section 31311(a), the 
     Secretary shall issue an order declaring that all commercial 
     driver's licenses issued by the State after the date of the 
     order are not valid and the State may not issue any 
     commercial driver's licenses after the date of such order.
       ``(2) Previously issued licenses.--Nothing in this 
     subsection 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 paragraph (1) 
     with respect to the State.
       ``(3) State in substantial compliance.--A State subject to 
     an order under paragraph (1) may not resume issuing 
     commercial driver's licenses until the Secretary determines 
     that the State is in substantial compliance with all of the 
     requirements of subsection 31311(a).
       ``(4) Nonresident cdls.--Any State other than a State 
     subject to an order under paragraph (1) shall issue a 
     nonresident commercial driver's license to any individual 
     domiciled in a State subject to such an order who meets all 
     of the requirements of this chapter and any applicable State 
     licensing requirements.''.
       (b) Conforming Amendment.--The analysis for chapter 313 of 
     such title is amended by striking the item relating to 
     section 31314 and inserting the following:

``31314. State noncompliance.''.

     SEC. 205. 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) by striking ``for each of fiscal years 1999'' 
     and inserting ``for fiscal year 1999 and $375,000 for each of 
     fiscal years 2000''.

     SEC. 206. 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, 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. 207. BORDER STAFFING STANDARDS.

       (a) Development and Implementation.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary of 
     Transportation 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.

[[Page 25349]]

       (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 
     shall designate 5 percent of amounts made available for 
     allocation under section 31104(f)(1) 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.--The amounts designated pursuant to this 
     subsection 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. 208. 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 has previously been found to have committed the 
     same violation or a related violation.
       (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.
       (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.
       (e) Semiannual Audit by Inspector General.--The Inspector 
     General of the Department of Transportation shall conduct a 
     semiannual audit of the National Motor Carrier 
     Administration's enforcement activities, including an 
     analysis of 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 extrordinary circumstances under subsection 
     (c) and the circumstances in which these findings are made 
     and shall promptly submit the results of each such audit to 
     Congress.

     SEC. 209. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION 
                   AND DATA IMPROVEMENT.

       (a) Objectives.--The Secretary of Transportation 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
       (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. 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;
       (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) Report.--The Secretary shall promptly transmit the 
     results of the study, together with any legislative 
     recommendations, to Congress. The Secretary shall review the 
     study at least once every 5 years and update the study and 
     report as necessary.
       (f) Data Improvements.--Based on the findings of the study, 
     the Secretary shall work with the States, and other 
     appropriate entities, to standardize crash data requirements, 
     collection procedures, and reports.
       (g) Eligibility.--Notwithstanding section 104(a)(4) of 
     title 23, United States Code, activities under this section 
     shall be eligible for funding under section 104(a) of such 
     title and may be carried out by any entity within the 
     Department that the Secretary designates.


                    Amendment Offered by Mr. Shuster

  Mr. SHUSTER. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B Amendment offered by Mr. Shuster:
       Page 7, line 8, before the semicolon insert the following:

     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
       Page 13, after line 21, insert the following:

       (3) Savings clause.--In developing and assessing progress 
     toward meeting the measurable goals set forth in this 
     subsection, the Secretary and the Administrator shall not 
     take any action that would impinge on the due process rights 
     of motor carriers and drivers.
       Page 22, line 9, insert ``average'' before ``level''.
       Page 22, line 9, strike ``fiscal year'' and insert ``fiscal 
     years 1997, 1998, and''.
       Page 24, line 9, after ``industry,'' insert 
     ``representatives from law enforcement agencies of border 
     States,''.
       Page 35, line 1, insert ``or renewing'' after ``issuing''.
       Page 36, line 10, strike ``5 percent of amounts'' and 
     insert ``the amount''.
       Page 36, line 11, strike ``(1)'' and insert ``(2)(B)''.
       Page 37, line 15, strike ``has previously'' and all that 
     follows through line 17 and insert the following:

     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.
       Page 37, line 22, after the period insert the following:

     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.
       Page 40, after line 23, add the following:

     SEC. 210. 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. 211. 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'';

[[Page 25350]]

       (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 180 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 due to bankruptcy 
     reorganization.
       ``(2) Regulations.--Not later than 12 months after the date 
     of 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 aligning such paragraph with 
     paragraph (2) of such section (as added by paragraph (3) of 
     this section).

     SEC. 212. 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. 213. EXPIRATION OF APPROVALS.

       Section 13703 of title 49, United States Code, is amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsections (e), (f), (g), and (h) as 
     subsections (d), (e), (f), and (g) respectively

     SEC. 214. 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. 215. PROHIBITED TRANSPORTATION BY COMMERCIAL MOTOR 
                   VEHICLE OPERATORS.

       Section 521(b) of title 49, United States Code, 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 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 chapters 51, 149, 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 181st 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 due to 
     bankruptcy reorganization.
       ``(B) Regulations.--Not later than 12 months after the date 
     of enactment of the Motor Carrier Safety Act of 1999, 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. 216. 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. 217. REGISTRATION OF MOTOR CARRIERS.

       (a) Registration of Motor Carriers by a State.--
       (1) Interim rule.--Section 14504(b) of title 49, United 
     States Code, is amended--
       (A) in the first sentence by striking ``The'' and inserting 
     ``Until January 1, 2002, the''; and
       (B) in the second sentence by striking ``When'' and 
     inserting ``Until January 1, 2002, when''.
       (2) Repeal.--Effective January 1, 2002, section 14504 of 
     such title and the item relating to such section in the 
     analysis for chapter 145 of such title are repealed.
       (b) Comprehensive Registration.--Section 13908 of such 
     title is amended--
       (1) in the first sentence of subsection (a) by inserting 
     ``the requirements of section 13304,'' after ``this 
     chapter,'';
       (2) by striking the last sentence of subsection (a);
       (3) in subsection (b)--
       (A) by striking paragraphs (1), (2), and (3); and
       (B) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (1), (2), and (3), respectively;
       (4) in subsection (c) by striking ``cover'' and inserting 
     ``equal as nearly as possible''; and
       (5) by striking subsection (d) and inserting the following:
       ``(d) State Registration Programs.--Effective January 1, 
     2002, it shall be an unreasonable burden on interstate 
     commerce for any State or political subdivision thereof, or 
     any political authority of 2 or more States, to require a 
     motor carrier operating in interstate commerce and providing 
     transportation in such State or States to, or to collect fees 
     to--
       ``(1) register its interstate operating authority;
       ``(2) file information on its interstate Federal financial 
     responsibility; or
       ``(3) designate its service of process agent.''.
       (c) Deadline.--Section 13908(e) of such title is amended--
       (1) by striking ``Not later than 24 months after January 1, 
     1996,'' and inserting ``By January 1, 2002,'';
       (2) by inserting ``and'' after the semicolon at the end of 
     paragraph (1);
       (3) by striking paragraph (2); and
       (4) by redesignating paragraph (3) as paragraph (2).
       (d) Conforming Amendment.--Section 13304(a) of such title 
     is amended by striking ``and each State'' and all that 
     follows through ``filed with it''.

     SEC. 218. 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 (as such zones were defined on December 31, 
     1995) 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) Savings Clause.--No provision of this section may be 
     enforced if it is inconsistent with any international 
     agreement of the United States.
       (e) 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. 219. TEST RESULTS STUDY.

       (a) In General.--The Secretary of Transportation shall 
     conduct a study of the feasibility and merits of--
       (1) requiring medical review officers 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--

[[Page 25351]]

       (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.
       Conform the table of contents of the bill accordingly.

  Mr. SHUSTER. Mr. Chairman, this manager's amendment makes a number of 
technical changes and includes some additional programmatic provisions. 
The amendment increases safety enforcement by including the following: 
it authorizes the Department of Transportation to revoke the 
registration for a trucking company that has refused to pay its fines. 
It authorizes the Secretary to put out of service a truck that is not 
properly registered. That gives the Secretary the power to shut down a 
driver, truck or motor carrier upon finding that they are an imminent 
hazard to highway safety. It creates a unified registration system that 
will allow the Motor Carrier Administration to target unsafe trucking 
companies. It gives the Secretary enforcement authority over Mexican 
trucks operating illegally in the United States. The amendment also 
includes provisions including consumers' rights that have disputes 
involving the household goods moving industry.
  I urge adoption of the amendment.
  Mr. OBERSTAR. Madam Chairman, will the gentleman yield?
  Mr. SHUSTER. I yield to the gentleman from Minnesota.
  Mr. OBERSTAR. Madam Chairman, I just want to observe that the issues 
in this manager's amendment have been very carefully worked out with 
cooperation on both sides on a bipartisan basis. We support the 
amendment in its entirety.
  Mr. RAHALL. Madam Chairman, will the gentleman yield?
  Mr. SHUSTER. I yield to the gentleman from West Virginia (Mr. 
Rahall).
  Mr. RAHALL. Madam Chairman, I would ask of the distinguished 
chairman, the gentleman from Pennsylvania, a provision in the pending 
manager's amendment would eliminate the requirement that agreements 
entered into pursuant to section 13703 of title 49 are subject to a 
mandatory 3-year review by the Surface Transportation Board. In effect, 
this provision would make the STB's review discretionary rather than 
mandatory and return the process for reviewing these arguments to what 
it was prior to the enactment of the ICC Termination Act of 1995.
  In this regard is it the gentleman's intention that the basis of the 
public interest test used to review these agreements shall continue to 
be limited to the national transportation policy set forth in section 
13101-a of title 49?
  Mr. SHUSTER. The gentleman is correct. In this regard the national 
transportation policy has been recognized as defining the public 
interest objectives for many years. It is certainly our intent that the 
Surface Transportation Board shall not deviate from this practice by 
entertaining issues plainly not within its purview and not within the 
scope of the national transportation policy.
  Mr. RAHALL. Madam Chairman, I thank the gentleman, and as a point of 
further clarification, last year the STB seemed to question whether the 
uniform bill of lading is regarded as part of the classification 
process. This clearly came as surprise because in doing so the STB 
ignored well-established precedent regarding relationship of the UBL to 
classification.
  Is it the gentleman's intention that the uniform bill of lading 
should continue to be part of the national motor freight 
classification?
  Mr. SHUSTER. Madam Chairman, the uniform bill of lading has always 
been presumed to be part and parcel classification that is based on 
well-established precedent, and the Congress anticipated no changes in 
this arrangement with enacting either the Trucking Industry Regulatory 
Reform Act of 1994 or the ICC Termination Act of 1995.
  Mr. RAHALL. Madam Chairman, I thank the gentleman.
  The CHAIRMAN pro tempore (Mrs. Emerson). The question is on the 
amendment offered by the gentleman from Pennsylvania (Mr. Shuster).
  The amendment was agreed to.


                   Amendment Offered by Mr. Baldacci

  Mr. BALDACCI. Madam Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Baldacci:
       Page 2, in the item relating to title I of the table of 
     contents following line 4, insert ``SAFETY'' after 
     ``CARRIER''.
       Page 2, in the item relating to section 101 of the table of 
     contents following line 4, insert ``Safety'' after 
     ``Carrier''.
       Page 4, line 12, insert, ``Safety'' after ``Carrier''.
       Page 5, line 2, insert, ``SAFETY'' after ``CARRIER''.
       Page 5, line 3, insert, ``safety'' after ``carrier''.
       Page 5, strike line 8 and insert the following:

     ``Sec. 113. National Motor Carrier Safety Administration.''.

       Page 5, line 9, insert, ``Safety'' after ``Carrier''.
       Page 6, line 4, insert, ``Safety'' after ``Carrier''.
       Page 9, line 3, insert, ``Safety'' after ``Carrier''.
       Page 10, line 2, insert, ``Safety'' after ``Carrier''.
       Page 10, line 11, insert, ``Safety'' after ``Carrier''.
       Page 10, line 12, insert, ``Safety'' after ``Carrier''.
       Page 10, line 17, insert, ``Safety'' after ``Carrier''.
       Page 14, line 9, insert, ``Safety'' after ``Carrier''.
       Page 14, line 11, insert, ``Safety'' after ``Carrier''.
       Page 14, line 13, insert, ``Safety'' after ``Carrier''.
       Page 23, line 25, insert, ``Safety'' after ``Carrier''.
       Page 24, line 3, insert, ``Safety'' after ``Carrier''.
       Page 24, line 23, insert, ``Safety'' after ``Carrier''.
       Page 25, line 4, insert, ``Safety'' after ``Carrier''.
       Page 38, line 12, insert, ``Safety'' after ``Carrier''.

       Amend the title so as to read ``To amend title 49, United 
     States Code, to establish the National Motor Carrier Safety 
     Administration in the Department of Transportation, to 
     improve the safety of commercial motor vehicle operators and 
     carriers, to strengthen commercial driver's licenses, and for 
     other purposes.''.
  Mr. BALDACCI (during the reading). Madam Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from Maine?
  There was no objection.
  Mr. BALDACCI. Madam Chairman, I offer an amendment today, and first 
of all I want to commend the chairman of the committee, the gentleman 
from Pennsylvania (Mr. Shuster); the ranking member, the gentleman from 
Minnesota (Mr. Oberstar), for bringing this important bill to the floor 
today and also to thank the gentleman from Wisconsin (Mr. Petri) and 
the gentleman from West Virginia (Mr. Rahall) for their leadership in 
bringing this legislation which is very important to our Nation today; 
and I rise to offer a simple amendment that will serve to buttress the 
spirit of this important legislation.
  Mr. SHUSTER. Madam Chairman, will the gentleman yield?
  Mr. BALDACCI. I yield to the gentleman from Pennsylvania.
  Mr. SHUSTER. Madam Chairman, we examined the gentleman's amendment, 
and we accept it. We think it is a good one.
  Mr. BALDACCI. Madam Chairman, I thank the gentleman from 
Pennsylvania.
  Mr. OBERSTAR. Madam Chairman, will the gentleman yield?
  Mr. BALDACCI. I yield to the gentleman from Minnesota.
  Mr. OBERSTAR. Madam Chairman, the gentleman's amendment enhances the 
safety purpose of this legislation, and we accept it.
  Mr. BALDACCI. Madam Chairman, I thank the ranking member and the 
chairman.
  I have a statement, and I ask that it be entered into the Record at 
this point and representing our communities and the people that have 
had devastating losses in Lisbon, Maine, and particularly Steve and 
Daphne Izer, and this very important legislation is a significant step 
in the right direction.

[[Page 25352]]

  I commend Chairman Shuster and Ranking Member Oberstar for bringing 
this important bill to the floor today.
  I rise to offer a simple but important amendment. My amendment would 
add one word to the title of the new National Motor Carrier 
Administration--``Safety.'' It will serve to buttress the spirit of 
this important legislation.
  Madam Chairman, we must ask ourselves why it is that we are creating 
a new Motor Carrier Administration. Why are we taking the Office of 
Motor Carriers out of the Federal Highway Administration? The simple 
answer is to ensure safety. We are making this change to strengthen the 
administration, promulgation and effectiveness of motor carrier 
regulations. Safety is at the heart of what we are doing here today.
  I am privileged to represent Steve and Daphne Izer, residents to 
Lisbon, Maine, who tragedy has thrust into the national spotlight. On 
October 10, 1993, their son, Jeff, and 3 other teenagers sat in the 
breakdown lane on an interstate in Maine waiting for help with their 
disabled car. Before help could arrive, the car was stuck by a 
commercial truck that drifted into the breakdown lane when the driver 
fell asleep. All four children were killed.
  Steve and Daphne Izer were devastated by this loss. I commend them 
for funneling their grief into an on-going effort to make our roads 
safer. They founded the now nationally recognized advocacy group, 
Parents Against Tried Truckers. For six years, they have brought 
attention to the many issues that must be dealt with if we are to 
ensure the safety of the traveling public. They recognize that Safety 
must be our top priority. I couldn't agree more.
  I am confident that all Members support making our highways safer for 
both automobiles and commercial trucks. We must continue to explore 
ways to combat trucker fatigue which is at the root of so many of our 
safety concerns. We must also continue to explore new technologies and 
business practices that might mitigate problems contributing to 
accidents. I am confident that this bill is a significant step in the 
right direction.
  Madam Chairman, we owe it to our truckers and to all of the traveling 
public to ensure that this body is taking all the necessary measures to 
promote safety on our nation's roads. Adding ``safety'' to the title of 
the new administration will set the tone for the operations of the 
whole agency, create a positive atmosphere and lend to the credibility 
of this new entity. It will send a clear message that Safety is the 
primary focus and objective of this agency. I believe this is an 
amendment message, and I hope that all of my colleagues will support 
this amendment.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from Maine (Mr. Baldacci).
  The amendment was agreed to.


             Amendment Offered by Ms. Jackson-Lee of Texas

  Ms. JACKSON-LEE of Texas. Madam Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Ms. Jackson-Lee of Texas:
       At the end of the bill, add the following:

     SEC. 220. USE OF RECORDING DEVICES IN COMMERCIAL MOTOR 
                   VEHICLES.

       (a) Finding.--Congress finds that the use of electronic 
     control modules in commercial motor vehicles may prove useful 
     to law enforcement officials investigating crashes on the 
     Nation's highways and roads and may prevent the future loss 
     of life.
       (b) Standards.--
       (1) In general.--The Administrator of the National Motor 
     Carrier Administration shall work with interested parties to 
     develop standards regarding access to, and the relevant data 
     to be recorded by, electronic control modules in commercial 
     motor vehicles.
       (2) Privacy.--In developing standards under this section 
     the Administrator shall ensure that the privacy of data 
     recorded by electronic control modules is protected to the 
     highest standard.
       Conform the table of contents of the bill accordingly.

  Ms. JACKSON-LEE of Texas (during the reading). Madam Chairman, I ask 
unanimous consent that the amendment be considered as read and printed 
in the Record.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentlewoman from Texas?
  There was no objection.
  Ms. JACKSON-LEE of Texas. Madam Chairman, I thank the gentleman from 
Minnesota (Mr. Oberstar), the gentleman from West Virginia (Mr. 
Rahall), the gentleman from Pennsylvania (Mr. Shuster) very much. I 
thank the Committee on Transportation and Infrastructure for creating 
this very important agency, the Motor Carrier Administration Agency, to 
oversee motor vehicle safety on this Nation's highway.
  My amendment would add a section to the end of the bill to direct the 
administrator or the agency to work with the trucking industry and 
interested parties to decrease the number of trucking accidents causing 
serious bodily harm. In particular, it would work to provide the 
opportunity for electronic control modules in investigating crashes on 
the Nation's highways and roads and may prevent future loss.
  Mr. SHUSTER. Madam Chairman, will the gentlewoman yield?
  Ms. JACKSON-LEE of Texas. I yield to the gentleman from Pennsylvania.
  Mr. SHUSTER. Madam Chairman, we have examined this amendment. We 
think it is a good one, and we accept it.
  Ms. JACKSON-LEE of Texas. Madam Chairman, I thank the gentleman from 
Pennsylvania very much, and I would simply like to add that we have a 
letter from the American Trucking Association which in part says, ``We 
welcome your assistance in directing the National Motor Carrier 
Administration to move forward in aggressive fashion to accomplish this 
directive regarding devices.''
  I will conclude by just noting that my district, Madam Chairman, has 
a number of interstate highways. We have already heard mention of Mrs. 
Groten who lost her husband and three children in a tragic trucking 
accident that involved speed and drinking. This amendment that I have 
will help protect truckers as well as those on our highways and byways, 
and it will prevent the number of truck-related deaths that reached 
5,000 in 1997.
  In addition, I want to thank both of my colleagues for providing for 
the coverage of illegal trucks coming in from Mexico as well. I am 
delighted to have their support.
  Mr. OBERSTAR. Madam Chairman, will the gentlewoman yield?
  Ms. JACKSON-LEE of Texas. I yield to the gentleman from Minnesota.
  Mr. OBERSTAR. Madam Chairman, we are happy to accept the 
gentlewoman's amendment that will add to and enhance safety and will 
provide the means for reaching the desired objective.
  Ms. JACKSON-LEE of Texas. I thank the gentleman very much.
  I ask to have my complete statement in the Record, and additionally 
in an appropriate time I would like to put the American Truckers 
Association letter dated October 14 in the Record as well, supporting 
this amendment:
  Madam Chairman, nearly 5,000 people are killed in truck related 
accidents in each of the past three years on our nation's highways. 
There are many agencies within our government that have a shared 
responsibility for safety on our nation's highways, including the 
Transportation Department, the NTSB and the Federal Highway 
Administration. Nearly all the parties involved in this debate agree 
that change needs to occur has the GAO estimates that without action to 
improve trucking safety, fatalities will continue to climb. But despite 
much talk and discussion, several hearings, and meetings over improving 
trucking safety we have had little action aimed at improving safety.
  What we do have is accident after accident involving truck drivers 
who are too tired and even drunk. A total of 5,374 people died in 
accidents involving large trucks which represents 13 percent of all the 
traffic fatalities in 1998 and in addition 127,000 were injured in 
those crashes.
  I want to pause a moment to tell the American people about a 
remarkable woman from Houston, Texas. Ms. Groten has like too many 
Americans experienced the pain of losing her loved ones in a horrific 
trucking accident. She witnessed her entire family's death has they 
were burned alive as a result of a trucking accident. She lost her 
husband Kurt Groten (38 years old), and her three children David (5), 
Madeline (3) and Adam (1). Mrs. Groten was the only survivor of the 
crash and as she stated during the criminal proceeding ``. . . I 
remember standing there and screaming, My life is over! All of my 
children are dead!''
  I am hopeful that Mrs. Groten's loss will not be in vain as we 
currently have the technology to address the frequency of trucking 
accidents on our roads. Truck related deaths reached a decade high of 
5,398 in 1997. Last year, truck deaths were 5,374 roughly equivalent to 
a major airplane crash every other week. In less than three months, 
trucks from Mexico will be

[[Page 25353]]

able to drive on every road in America yet 44 percent of those trucks 
crossing the border today are in such poor condition that they would be 
immediately taken out of service if inspected. Though commercial trucks 
represent 3 percent of all registered vehicles they are still involved 
in 13 percent of the total traffic fatalities.
  My amendment/resolution would require the Administrator of the 
National Motor Carrier Administration to work with interested parties 
to explore a standard of protocol for access to, and the relevant data 
to be recorded, from the electronic control modules in commercial motor 
vehicles. The NTSB has pushed for this technology as a means of 
verifying the hours drivers work since 1990. Currently truck drivers 
must comply with the federal government's 60-year-old rule that they 
take eight hours of rest for every 10 behind the wheel.
  Truckers are required to maintain logbooks for their hours of 
service. But truckers have routinely falsified records, and many 
industry observers say, to the point that they are often referred to as 
``comic books.'' In their 1995 findings the National Transportation 
Safety Board found driver fatigue and lack of sleep were factors in up 
to 30 percent of truck crashes that resulted in fatalities. In 1992 
report the NTSB reported that an astonishing 19 percent of truck 
drivers surveyed said they had fallen asleep at the wheel while 
driving. Recorders on trucks can provide a tamper-proof mechanism that 
can be used for accident investigation and to enforce the hours-of-
service regulations, rather that relying on the driver's handwritten 
logs.
  Madam Chairman, I know that the trucking industry is concerned by the 
added cost of the recorders as well as privacy issues. I also 
appreciate the fact that close to eighty percent of this country's 
goods move by truck and that the industry has a major impact on our 
economy.
  As a result of the number of trucking accidents causing serious 
bodily injury and death and the industries concern over the privacy 
issues of black boxes being installed in trucks, I am offering an 
amendment stating that Congress may find the use of electronic control 
modules in commercial motor vehicles useful to law enforcement 
officials investigating crashes on our Nation's highways and roads.
  My amendment would also direct the Administrator of the National 
Motor Carrier Administration to work with the trucking industry and 
interested parties to develop standards regarding the access to, and 
relevant data to be recorded by the electronic modules in commercial 
motor vehicles.
  Madam Chairman there is no good reason that we should adhere to the 
advice of the NTSB and require these recorders on the trucks that 
navigate our highways.
  I would like to thank Chairmen Shuster and Petri, and Ranking Members 
Oberstar and Rahall for working with me in moving forward on this very 
important legislation.
  Putting our wallets before safety is simply foolish when the 
technology exists today which could save the lives of the constituents 
we represent.

                               American Trucking Associations,

                                  Washington, DC, 14 October 1999.
     Hon. Sheila Jackson-Lee,
     U.S. House of Representatives, Washington, DC.
       Dear Ms. Jackson-Lee: On behalf of the American Trucking 
     Associations, I compliment you on your commitment to highway 
     safety through your interest in ensuring trucks operate in a 
     safer and more efficient manner.
       The American Trucking Associations has had the opportunity 
     to review your amendment regarding electronic control modules 
     and the need for a single standard of protocol for their 
     operation.
       As you know, the industry has been working with the 
     National Highway Traffic Safety Administration and the engine 
     manufacturing industry to accomplish your goal. We welcome 
     your assistance in directing the National Motor Carrier 
     Administration to move forward in an aggressive fashion to 
     accomplish this objective.
       The American Trucking Associations looks forward to 
     continuing to work with you on highway safety.
           Sincerely,

                                             Jim Whittinghill,

                             Senior Vice President for Legislative
                                    and Intergovernmental Affairs.

  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentlewoman from Texas (Ms. Jackson-Lee).
  The amendment was agreed to.

                              {time}  1330

  Mr. MENENDEZ. Madam Chairman, I move to strike the last word.
  I rise to engage the gentleman from Minnesota (Mr. Oberstar), the 
ranking Democratic member of the Committee on Transportation and 
Infrastructure, in a colloquy.
  I am extremely concerned about commercial passenger van safety as a 
result of what is happening in my own district, one of the most densely 
populated in the country.
  Section 4008 of the Transportation Equity Act of the 21st century, 
TEA 21, enacted in June of 1998, provides that vehicles carrying more 
than eight passengers for compensation shall be subject to Federal 
Motor Carrier Safety regulations, except to the extent that within 1 
year of enactment of TEA 21, the Secretary of Transportation 
specifically determines through a rulemaking proceeding to exempt any 
of these operators from these regulations.
  In September of 1999, the Secretary issued two rules regarding 
commercial van safety. Neither of these rules immediately applies 
safety regulations to small passenger-carrying commercial vans. DOT 
proposes to require that these vehicles file a motor carrier 
identification report, mark their commercial motor vehicles with a U.S. 
DOT identification number, and maintain an accident register. If this 
proposal is made final, DOT would collect data for an unspecified 
period of time, and then presumably begin proceedings to consider 
whether the vehicles should be subject to Federal regulations.
  Thus, today, 16 months after TEA 21 was signed into law, commercial 
operators are still not subject to motor carrier safety regulations; 
and DOT has just started proceedings to finally determine this issue.
  I yield to the gentleman from Minnesota to see if he can give me some 
perspective.
  Mr. OBERSTAR. Madam Chairman, I thank the gentleman for yielding.
  I want to compliment him on his determination and especially his 
persistence on this issue which began during our consideration of TEA 
21. TEA 21 did require the Department of Transportation to complete 
this important safety rulemaking within 1 year of enactment. As the 
gentleman from New Jersey has pointed out, it is now 16 months since 
TEA 21 was enacted, and small passenger-carrying commercial vehicles 
are still exempt from Federal motor carrier safety regulations. I am 
deeply disappointed in DOT's failure to act appropriately.
  The Senate bill, as introduced by the chairman of the Commerce, 
Science and Transportation Committee, Mr. McCain, includes a provision 
to apply Federal safety standards to these vehicles. This matter will 
be an issue, therefore, in any conference on this bill, and I look 
forward to working closely with the gentleman as we proceed to and 
through the conference.
  I thank the gentleman for his concern.
  Mr. MENENDEZ. Madam Chairman, I thank the gentleman for his 
information, and I look forward to working with the ranking member and 
the chairman of the full committee in hopefully trying to make some 
progress on this matter.


                   Amendment Offered by Mr. Menendez

  Mr. MENENDEZ. Madam Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Menendez:
       At the end of the bill, add the following:

     SEC. 210. PASSENGER VAN SAFETY.

       (a) Objectives.--The Secretary of Transportation shall 
     conduct a comprehensive study to determine the causes of, and 
     contributing factors to, crashes occurring in the State of 
     New Jersey that involve vehicles designed to carry 9 or more 
     passengers. The study shall also identify data, requirements, 
     collection procedures, reports, and other measures that will 
     help the Department of Transportation's and States' develop 
     effective safety improvement policies and programs and 
     identify activities and other measures likely to lead to 
     significant reductions in the frequency, severity, and rate-
     per-mile traveled of crashes involving such vehicles.
       (b) 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 their 
     representatives, and carriers;
       (3) highways and noncommercial motor vehicles and drivers;
       (4) Federal and State highway and motor carrier safety 
     programs; and
       (5) research methods and statistical analysis.

[[Page 25354]]

       (c) Public Comment.--The Secretary shall make available for 
     public comment information about the objectives, methodology, 
     implementation, findings, and other aspects of the study.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall transmit to 
     Congress the results of the study, together with any 
     legislative recommendations.
       Conform the table of contents of the bill accordingly.

  Mr. MENENDEZ (during the reading). Madam Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. MENENDEZ. Madam Chairman, I rise to offer this amendment. 
Thousands of passengers ride in commercial passenger vans daily. I know 
because I see them driving throughout my district, one of the most 
heavily traveled and populated districts in the country. Currently, 
commercial passenger vans carrying less than 16 passengers do not have 
to meet Federal Motor Carrier Safety standards.
  As a consequence, in New Jersey we have seen increasing violations of 
safety guidelines by commercial van operators that carry less than 16 
passengers. Now, these are not typical van pools or church vans or 
limousines. That is not what we are concerned about. Rather, they are 
for-profit entities providing transportation services, hundreds of them 
over the same route, damaging each other. Two of them have hit 
pedestrians just within the last year.
  So while many operators act in good faith and comply with safety 
guidelines, there are some who risk the lives of their passengers, 
pedestrians, and other vehicles on the road around them. They do not 
meet safety standards.
  According to the Department of Transportation, however, there is 
still not enough data available to justify forcing these companies to 
comply with the Federal Motor Carrier Safety Regulations. That is why I 
am offering my amendment.
  My amendment would have the DOT carry out a comprehensive study of 
commercial vans carrying more than eight passengers and submit the 
report to Congress in a year.
  Mr. SHUSTER. Madam Chairman, will the gentleman yield?
  Mr. MENENDEZ. I yield to the gentleman from Pennsylvania.
  Mr. SHUSTER. Madam Chairman, we have studied this amendment, and we 
are prepared to accept it.
  Mr. MENENDEZ. Madam Chairman, I appreciate the Chairman's support; 
and I know when to cease and desist.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from New Jersey (Mr. Menendez).
  The amendment was agreed to.


                   Amendment Offered by Mr. Gonzalez

  Mr. GONZALEZ. Madam Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Gonzalez:
       Page 34, strike line 6 and all that follows through the end 
     of line 21, and insert the following:

     SEC. 205. SAFETY VIOLATION TELEPHONE HOTLINE.

       (a) Staffing.--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) by striking ``for each of fiscal years 1999'' 
     and inserting ``for fiscal year 1999 and $375,000 for each of 
     fiscal years 2000''.
       (b) Display of Telephone Number.--Not later than 1 year 
     after the date of enactment of this Act, the Secretary of 
     Transportation shall issue regulations requiring all 
     commercial motor vehicles (as defined in section 31101 of 
     title 49, United States Code) traveling in the United States, 
     including such vehicles registered in foreign countries, to 
     display the telephone number of the hotline for reporting 
     safety violations established by the Secretary under section 
     4017 of the Transportation Equity Act for the 21st Century 
     (49 U.S.C. 31143 note).

  Mr. GONZALEZ (during the reading). Madam Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. GONZALEZ. Madam Chairman, with the understanding that I will be 
withdrawing the amendment subject to discussions with the chairman and 
ranking member, the amendment I am offering today addresses a very 
important safety issue, and that is the reporting of unsafe tractor-
trailer drivers and their equipment. I know that every Member of this 
House has been driving down the road with his or her family and seen 
one of the big commercial trucks speeding, weaving in and out of lanes 
and cutting people off. Also, we have seen trucks that appear to be in 
unsafe conditions operating on our highways.
  My amendment would take a step in addressing this issue. My amendment 
would address and require that all trucks display the Department of 
Transportation hotline number, the 1-800 number, so that ordinary 
citizens, as they view the unsafe drivers or the unsafe equipment on 
our highways, would be able to simply get on their cell phones, because 
that is the condition of society today, and that is we all have cell 
phones in our cars, for the most part, to report these violations, or 
the unsafe conditions.
  Mr. SHUSTER. Madam Chairman, will the gentleman yield?
  Mr. GONZALEZ. I yield to the gentleman from Pennsylvania.
  Mr. SHUSTER. Madam Chairman, we have examined this amendment, and 
while I understand the gentleman is going to withdraw it, we will be 
happy to work with the gentleman as we move to conference on this to 
see if we may accommodate his interest.
  Mr. OBERSTAR. Madam Chairman, if the gentleman will yield, I concur 
in the chairman's statement. We are very pleased to hear the 
gentleman's appeal. It is a very sound and sensible one. There are 1-
800 numbers in other sectors of transportation. This matter needs 
further elaboration and we will work with the gentleman as we proceed 
through conference.
  Mr. GONZALEZ. Madam Chairman, I appreciate looking to leadership on 
this issue, which is a very practical approach to a very complicated 
problem, but I appreciate my colleagues' assistance as we work through 
this.
  Madam Chairman, I ask unanimous consent to withdraw the amendment.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  The CHAIRMAN pro tempore. The amendment is withdrawn.
  Are there further amendments to the bill? There being no further 
amendments to the bill, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Calvert) having assumed the chair, Mrs. Emerson, Chairman pro tempore 
of the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
2679) to amend title 49, United States Code, to establish the National 
Motor Carrier Administration in the Department of Transportation, to 
improve the safety of commercial motor vehicle operators and carriers, 
to strengthen commercial driver's licenses, and for other purposes, 
pursuant to House Resolution 329, she reported the bill back to the 
House with sundry amendments adopted by the Committee of the Whole.
  The SPEAKER pro tempore (Mr. Calvert). Under the rule, the previous 
question is ordered.
  Is a separate vote demanded on any amendment? If not, the Chair will 
put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.

[[Page 25355]]


  Mr. SHUSTER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 415, 
nays 5, not voting 11, as follows:

                             [Roll No. 501]

                               YEAS--415

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Archer
     Armey
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Bryant
     Burr
     Burton
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Capps
     Capuano
     Cardin
     Castle
     Chabot
     Chambliss
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Collins
     Combest
     Condit
     Cook
     Cooksey
     Costello
     Coyne
     Cramer
     Crane
     Crowley
     Cubin
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
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                                NAYS--5

     Chenoweth-Hage
     Metcalf
     Paul
     Royce
     Sanford

                             NOT VOTING--13

     Andrews
     Buyer
     Carson
     Conyers
     Cox
     Green (TX)
     Jefferson
     John
     Kingston
     Regula
     Scarborough
     Tauscher
     Young (AK)

                              {time}  1359

  Mr. METCALF changed his vote from ``yea'' to ``nay.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  The title of the bill was amended so as to read: ``To amend title 49, 
United States Code, to establish the National Motor Carrier Safety 
Administration in the Department of Transportation, to improve the 
safety of commercial motor vehicle operators and carriers, to 
strengthen commercial driver's licenses, and for other purposes.''.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. REGULA. Mr. Speaker, during the vote on H.R. 2679, the Motor 
Carrier Safety Act of 1999, I was unavoidably delayed. Had I been 
present, I would have voted ``yea.''

                          ____________________