[Congressional Record (Bound Edition), Volume 145 (1999), Part 21]
[Senate]
[Pages 31202-31209]
[From the U.S. Government Publishing Office, www.gpo.gov]



              MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999

  Ms. COLLINS. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of H.R. 3419.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 3419) to amend title 49, United States Code, 
     to establish the Federal Motor Carrier Safety Administration, 
     and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
 Mr. McCAIN. Mr. President, today the Senate will consider H.R. 
3419, the Motor Carrier Safety Improvement Act of 1999. H.R. 3419 
reflects a negotiated compromise between the House and Senate on two 
bills (S. 1501 and H.R. 2679). I want to extend my appreciation to 
Senators Hutchison, Hollings, and Breaux, along with Congressmen 
Shuster and Oberstar, for their bipartisan effort in developing this 
comprehensive motor carrier safety legislation. I also want to 
acknowledge the recommendations by the Office of the Department of 
Transportation (DOT) Inspector General, Ken Mead and his staff, as well 
as the highway safety advocates, truck drivers, industry officials, and 
safety enforcement officials for their suggestions on improving truck 
and bus safety.
  During the past year, significant attention has been directed toward 
truck safety issues in both chambers. Following a comprehensive 
analysis on the federal motor carrier safety program by the DOT 
Inspector General, the Commerce Committee held two hearings on truck 
safety concerns. The House Transportation and Infrastructure Committee 
also conducted a number of oversight hearings and DOT initiated its own 
programmatic review. Based on these efforts, a consensus on the need to 
enact legislation to improve truck safety developed leading to the 
bipartisan legislation before the Senate today.
  The Motor Carrier Safety Improvement Act would establish a separate 
Federal Motor Carrier Safety Administration within the DOT to carry out 
motor carrier safety responsibilities. I clearly do not desire to 
expand the size of the federal government. I know my view is shared by 
many of my colleagues. However, the near unanimous views voiced by all 
the interested parties involved in motor carrier safety agree that a 
separate agency is needed to remedy a severe lack of leadership over 
motor carrier safety enforcement and regulatory responsibilities at 
DOT. This legislation addresses this serious safety lapse, but guards 
against increasing the already bloated Federal bureaucracy by capping 
employment and funding for the new agency for Fiscal Year 2000.
  This legislation provides additional motor carrier safety funding and 
we fully expect those resources to be dedicated toward increased motor 
carrier safety enforcement and inspection activities. The cost for 
unnecessary headquarters administrative or overhead positions, 
including public affairs officers, congressional liaison 
representatives and other nonsafety related positions, is not a proper 
use of the additional authorized funding. Therefore, the Administration 
is required to provided a detailed justification to the Committee on 
Commerce, Science, and Transportation and the House Committee on 
Transportation and Infrastructure before increasing any administrative 
or overhead positions beyond the current level.
  Mr. President, this legislation includes numerous provisions to 
remedy truck and bus safety problems. I believe one of the most 
important items in the bill is the provision directing the Department 
to implement all of the safety recommendations issued by the IG's April 
1999 audit report. DOT has indicated it will act on some of the 
recommendations, but it has been more than six months since the release 
of

[[Page 31203]]

the IG's report and DOT has yet to articulate a definitive action plan 
to implement all of the IG's recommendations. I do not believe we can 
risk the consequences of ignoring any of these recommendations and 
accordingly, H.R. 3419 would require concrete action to eliminate the 
identified safety gaps at DOT. It also gives DOT authority to establish 
an advisory committee to assist the Secretary in the timely completion 
of rulemakings and other matters.
  This legislation is also designed to improve the Commercial Driver's 
License program. It would ensure a commercial motor vehicle driver has 
only one driver record. This uniform driving record would include all 
traffic violation convictions, whether those violation are committed in 
a passenger vehicle or a commercial vehicle. The legislation would also 
require DOT to initiate a rulemaking to combine driver medical records 
with the commercial drivers license.
  Mr. President, the legislation also initiates several actions to 
remedy inaccurate and incomplete safety data. We must have accurate 
data if we are going to be able to target enforcement action against 
unsafe carriers and get them off our roads. Consequently, H.R. 3419 
directs the Secretary to carry out a program to improve the collection 
and analysis of commercial motor vehicle crash data, including accident 
causation. The National Highway Traffic Safety Administration (NHTSA), 
in cooperation with the newly established Motor Carrier Safety 
Administration, would administer the data improvement program.
  The legislation also addresses problems identified by the DOT 
Inspector General concerning foreign truck companies. It reaffirms the 
existing prohibition on foreign motor carriers from operating or 
leasing equipment anywhere within the United States outside the 
boundaries of a commercial zone along the U.S.-Mexico Border unless 
such foreign carriers have DOT authority to operate beyond the zones.
  Mr. President, this comprehensive safety legislation includes many 
other important provisions. I urge my colleagues to support passage of 
this important safety legislation. I ask unanimous consent a detailed 
Joint Explanatory Statement of the bill be printed in the Record 
immediately following my remarks. This Joint Statement will provide 
legislative history interpreting this important motor carrier safety 
legislation.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

    Joint Explanatory Statement on H.R. 3419, Motor Carrier Safety 
                        Improvement Act of 1999


               section 1. short title; table of contents

       The provision provides that this Act may be cited as the 
     ``Motor Carrier Safety Improvement Act of 1999.'' The section 
     also includes a table of contents for the bill.


                       sec. 2. secretary defined

       The provision defines the term ``Secretary'' to mean the 
     Secretary of Transportation.


                            sec. 3. findings

       The provision makes eight findings on motor carrier safety. 
     Among other findings, Congress finds that the current rate, 
     number, and severity of crashes involving motor carriers are 
     unacceptable; the number of Federal and State motor carrier 
     compliance reviews and commercial motor vehicle and operator 
     inspections is insufficient; civil penalties for violators 
     must be utilized to deter future violations; and meaningful 
     measures to improve safety must be implemented expeditiously 
     to prevent increases in motor carrier crashes, injuries, and 
     fatalities. Congress further finds that proper use of Federal 
     resources is essential to the Department of Transportation's 
     ability to improve its research, rulemaking, oversight, and 
     enforcement activities.


                            sec. 4. purposes

       The provision lists the purposes of this Act as improving 
     the administration of the Federal motor carrier safety 
     program by establishing a Federal Motor Carrier Safety 
     Administration in the Department of Transportation and by 
     enacting measures to reduce the number and severity of large 
     truck-involved crashes through increased inspections and 
     compliance reviews, stronger enforcement measures, expedited 
     rulemakings, scientifically sound research, and improvements 
     to the commercial driver's license program.

          TITLE I--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION


 sec. 101. establishment of federal motor carrier safety administration

       Subsection 101(a) adds a new section 113 to title 49, 
     United States Code, to establish, as a separate 
     administration within the Department of Transportation, the 
     Federal Motor Carrier Safety Administration (FMCSA). The 
     managers note that Section 101 provides that ``in carrying 
     out its duties, the Administrator shall consider the 
     assignment and maintenance of safety as the highest 
     priority.'' This subsection is modeled on provisions which 
     govern the activities of the Federal Aviation Administration 
     and the Secretary of Transportation's responsibilities for 
     the regulation of air transportation. See 49 U.S.C. 
     40101(a)(1) and (d) and 49 U.S.C. 47101(a)(1). The Managers 
     intend that new section 101 be interpreted and implemented in 
     the same manner as the above-listed provisions in the laws 
     governing aviation.
       The Administration is headed by a Presidentially appointed, 
     Senate-confirmed Administrator with professional experience 
     in motor carrier safety; a Deputy Administrator appointed by 
     the Secretary with the approval of the President, and a Chief 
     Safety Officer appointed in the competitive service. In 
     addition to any duties and powers prescribed by the 
     Secretary, the Administrator shall carry out the duties and 
     powers related to motor carriers and motor carrier safety set 
     forth in chapters 5, 51, 55, 57, 59, 133 through 149, 311, 
     313, 315, and 317 of title 49, United States Code, and 42 
     U.S.C. 4917.
       Subsection (b) provides dedicated funding for the 
     administrative and research expenses of the FMCSA. This 
     subsection increases funding 70 percent (an average of $38 
     million per year) above the level currently provided within 
     the Federal Highway Administration, to improve the motor 
     carrier safety research, rulemaking, oversight, and 
     enforcement activities transferred to the FMCSA.
       Subsections (c) and (d) make conforming amendments to 
     titles 5 and 49, United States Code.
       Subsection (e) caps the employment level currently at the 
     Office of Motor Carrier Safety at its headquarters location 
     in fiscal year 2000, except for staff transferred to the 
     Office from the Federal Highway Administration, for fiscal 
     year 2000. The cap includes Office of Motor Carrier Safety 
     staff and FHWA transferred employees (FTEs) who were already 
     dedicated to motor carrier safety matters when the Office of 
     Motor Carrier Safety was established in October 1999. It does 
     not preclude further transfers from the FHWA to the FMCSA 
     during fiscal year 2000.
       The Congress has provided additional motor carrier safety 
     funding and expects those resources to be dedicated toward 
     increased motor carrier safety enforcement and inspection 
     activities and to expedite rulemakings. The cost of 
     unnecessary headquarters administrative or overhead 
     positions, including public affairs officers, congressional 
     liaison representatives and other nonsafety-related 
     positions, is not a proper use of the additional authorized 
     funding. These headquarters' officials are not involved in 
     carrying out safety responsibilities such as developing 
     policies and regulations to enforce motor carrier safety 
     laws.
       Subsection (e) requires the Secretary to report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House Committee on Transportation and Infrastructure on 
     the specific FMSCA personnel requested for each of fiscal 
     years 2001, 2002, and 2003. The Secretary's justifications 
     for any additional FMSCA headquarters' administrative or 
     overhead positions shall include detailed descriptions of the 
     specific needs to be addressed by the additional personnel. 
     Such justifications must be submitted to allow sufficient 
     time for the Committees to review the Secretary's request.
       Subsection (f) provides that the authority to promulgate 
     safety standards for commercial motor vehicles and equipment 
     subsequent to initial manufacture is vested in the Secretary 
     of Transportation and may be delegated.
       Subsection (g) requires the Secretary to comply with the 
     requirements of a discretionary departmental regulation, at 
     48 C.F.R. 1252.209-70, concerning the disclosure of conflicts 
     of interest in research contracts, and to include the text of 
     such regulation in each such contract. This requirement is 
     Department wide. This subsection also calls for a study to 
     determine the effectiveness of this requirement. Eliminating 
     or mitigating conflicts of interest will increase the 
     likelihood that the research results will be more widely 
     accepted and therefore be a more acceptable basis for policy 
     decisions.
       The managers note the bill does not establish any specific 
     offices of the FMCSA because the Secretary is best positioned 
     to determine the specific organizational structure of the 
     Administration. The Congress intends for the Secretary to 
     organize the new agency in a manner and structure that 
     adequately reflects the unique demands of passenger vehicle 
     safety, international affairs, and consumer affairs.


               sec. 102. revenue aligned budget authority

       Subsection 102(a) amends section 110 of title 23, United 
     States Code, concerning revenue aligned budget authority, to 
     include the motor carrier safety assistance program (MCSAP) 
     in the group of programs for which

[[Page 31204]]

     funding is annually adjusted to correspond to Highway Trust 
     Fund receipts.
       Subsection (b) makes a number of technical and conforming 
     amendments, including the relocation of a second section 110, 
     concerning uniform transferability of Federal-aid highway 
     funds, to section 126 of title 23, United States Code.


  sec. 103. additional funding for motor carrier safety grant program

       Subsection 103(a) authorizes an additional $75 million from 
     the Highway Trust Fund for each of fiscal years 2001 through 
     2003 for the motor carrier safety assistance program.
       Subsection (b) amends section 4003 of the Transportation 
     Equity Act for the 21st Century (TEA 21) to increase the 
     amount of guaranteed funding provided in TEA 21 for the motor 
     carrier safety assistance program by the following amounts: 
     $65 million for each of fiscal years 2001 through 2003. This 
     subsection also amends section 1102 of TEA 21 to reduce the 
     obligation ceiling for federal-aid highways and highway 
     safety construction programs by $65 million for each of 
     fiscal years 2001 through 2003.
       Subsection (c) establishes a maintenance of effort 
     requirement for States receiving MCSAP funds under this 
     section. Each State must maintain its spending for MCSAP-
     eligible activities at a level equal to the average annual 
     level of expenditures for MCSAP activities for fiscal years 
     1997, 1998, and 1999.
       Subsection (d) permits the Secretary to provide emergency 
     grants of up to $1 million to a State that is having 
     difficulties in meeting the requirements associated with the 
     commercial driver's license program and is in danger of 
     having its program suspended due to noncompliance.
       Subsection (e) provides that if a State is not in 
     substantial compliance with each requirement of 49 U.S.C. 
     31311, concerning commercial driver's licensing, the 
     Secretary shall withhold any allocation of MCSAP funds 
     authorized under this section. This subsection also provides 
     that if, before June 30 of the fiscal year in which it was 
     found in noncompliance, a State is found by the Secretary to 
     be in substantial compliance with each requirement of section 
     31311 of such title, the Secretary shall allocate to the 
     State the funds withheld under this subsection.


                sec. 104. motor carrier safety strategy

       Subsection 104(a) requires the Secretary of Transportation, 
     as part of the Department's existing federally required 
     strategic planning efforts required under GPRA, to develop 
     and implement a long-term strategy, including an annual plan 
     and schedule for improving commercial motor vehicle, 
     operator, and carrier safety, and sets forth four goals to be 
     included in the strategy. The goals are: (1) reducing the 
     number and rates of crashes, injuries, and fatalities 
     involving commercial motor vehicles, (2) improving 
     enforcement and compliance programs, (3) identifying and 
     targeting enforcement at high-risk carriers, vehicles, and 
     drivers, and (4) improving research.
       Subsection (b) requires that goals be established that are 
     designed to accomplish the safety strategy and that estimates 
     be developed concerning the funding and staffing resources 
     needed to accomplish the goals. By working toward the 
     measurable goals, the Administration will also be progressing 
     toward the strategic goals.
       Subsection (c) requires the submission of the strategy and 
     annual plan with the President's annual budget submission, 
     starting with fiscal year 2001.
       Subsection (d) establishes that for each of the fiscal 
     years 2001 through 2003, the following officials shall enter 
     into annual performance agreements between: (1) the Secretary 
     and the Federal Motor Carrier Safety Administrator; (2) the 
     Administrator and the Deputy Federal Motor Carrier Safety 
     Administrator; (3) the Administrator and the Chief Safety 
     Officer of the Federal Motor Carrier Safety Administration; 
     and (4) the Administrator and the regulatory ombudsman 
     designated by the Administrator. Each of these officials 
     shall enter into a performance agreement that contains the 
     appropriate numeric or measurable goals of the 
     Administration's motor carrier safety strategy.
       The provision requires that the Secretary assess the 
     progress of the officials toward achieving their respective 
     goals, and that the Secretary convey the assessments to the 
     officials, identifying possible future performance 
     improvements. An official's progress toward meeting the goals 
     of a performance agreement is to be given substantial weight 
     by the Secretary when bonuses or other achievement awards are 
     dispersed consistent with the Department's established 
     performance appraisal system.
       Subsection (e) requires that the Secretary and the 
     Administrator of the FMCSA assess the progress of the 
     Administration toward achieving the goals set out in 
     subsection (a) no less frequently than semiannually. The 
     assessment should be conveyed to the employees of the FMCSA, 
     and deficiencies identified. The Secretary is required to 
     report to the Congress the results of the individual and 
     Administration progress assessments annually.
       Subsection (f) requires the Administrator of the FMCSA to 
     designate a regulatory ombudsman to expedite rulemakings in 
     order to meet statutory and internal departmental deadlines.


      sec. 105. commercial motor vehicle safety advisory committee

       The provision permits the establishment of a commercial 
     motor vehicle safety advisory committee to provide advice and 
     recommendations on a range of commercial motor vehicle safety 
     issues. Members are appointed by the Secretary and include 
     representatives of industry, drivers, safety advocates, 
     manufacturers, safety enforcement officials, representatives 
     of late enforcement agencies from border States, and other 
     individuals affected by rulemakings. No one interest may 
     constitute a majority. If the Secretary establishes the 
     advisory committee, it should provide advice to the Secretary 
     on commercial motor vehicle safety regulations ad other 
     matters relating to activities and functions of the Federal 
     Motor Carrier Safety Administration. The committee will 
     remain in effect until September 30, 2003.


                      sec. 106. savings provision

       The savings provision is intended to provide for the 
     orderly transfer of personnel and property from the Office of 
     Motor Carrier Safety to the FMCSA. The provision is also 
     intended to ensure that legal documents and requirements that 
     had been in effect on the date of the transfer, and 
     proceedings in effect, will continue as if the Act had not 
     been enacted. The savings provision also provides that 
     lawsuits commenced against the Office of Motor Carrier Safety 
     or its employees, in their official function, continue as if 
     this Act had not been enacted. Further, the provision assures 
     the authority of officials of the FMCSA to continue the 
     functions and performances that had been previously performed 
     by officials of the Office of Motor Carrier Safety, and deems 
     any reference to the Office of Motor Carrier Safety, or its 
     predecessors, to apply to the FMCSA.


                        sec. 107. effective date

       Subsection 107(a) provides that this Act shall take effect 
     on the date of its enactment; except that the amendments made 
     by section 101 which establish the Federal Motor Carrier 
     Safety Administration, shall take effect on January 1, 2000.
       Subsection (b) requires that the President's budget 
     submission for fiscal year 2001 and each fiscal year 
     thereafter reflect the establishment of the Federal Motor 
     Carrier Safety Administration in Accordance with this Act.

          TITLE II--COMMERCIAL MOTOR VEHICLE AND DRIVER SAFETY


                      sec. 201. disqualifications

       Subsection 201(a) amends section 31310 of title 49, United 
     States Code, to make a single violation of driving a 
     commercial motor vehicle with a revoked, suspended, or 
     canceled commercial driver's license, or driving while 
     disqualified, a one-year disqualifying offense, and to make a 
     conviction for causing a fatality through the negligent or 
     criminal operation of a commercial motor vehicle a one-year 
     disqualifying offense. This subsection also makes the 
     commission of more than one violation of driving a commercial 
     motor vehicle with a revoked, suspended, or canceled 
     commercial driver's license, or driving while disqualified, a 
     lifetime disqualifying offense, and to make a conviction of 
     more than one offense of causing a fatality through the 
     negligent or criminal operation of a commercial motor vehicle 
     a lifetime disqualifying offense.
       Subsection (b) amends section 31310 to give the Secretary 
     emergency disqualification authority to revoke the commercial 
     driving privileges of an individual upon a determination by 
     the Secretary that allowing the individual to continue to 
     operate a commercial motor vehicle would create an imminent 
     hazard. The Secretary can disqualify an individual under this 
     provision for no more than 30 days without providing notice 
     and an opportunity for a hearing.
       Subsection (b) also amends section 31310 to require the 
     Secretary to issue regulations establishing criteria for 
     disqualifying from operating a commercial motor vehicle an 
     individual who holds a commercial driver's license and who 
     has been convicted of a serious offense involving a vehicle 
     other than a commercial motor vehicle (CMV) resulting in the 
     revocation, cancellation, or suspension of the individual's 
     license, or has been convicted of a drug or alcohol-related 
     offense involving a motor vehicle other than a commercial 
     motor vehicle. The behavior of a CDL holder in operating 
     vehicles other than CMVs is relevant to the CDL holder's 
     fitness to operate a commercial motor vehicle; therefore the 
     Secretary is directed to conduct a rulemaking to determine 
     the appropriate minimum time periods for which a CDL holder 
     should be disqualified, but in no case shall the time periods 
     for which CDL holders are disqualified for such offenses be 
     more stringent than the disqualification periods for offenses 
     involving a commercial motor vehicle.
       Subsection (c) amends section 31301 of title 49, United 
     States Code, to add three offenses to the list of serious 
     traffic violations for which a CDL holder can be disqualified 
     under subsection 31310(e). The new offenses are: driving a 
     CMV without obtaining a CDL; driving a CMV without a CDL in 
     your possession; and driving without a required endorsement. 
     But it shall not be a serious traffic

[[Page 31205]]

     violation if a driver cited for operating a CMV without a 
     license in his or her possession can produce proof, before 
     the time to appear or pay the fine for such citation, that he 
     or she did have a valid CDL at the time of the citation.
       Subsection (d) makes clarifying amendments to section 
     31305(b)(1) of title 49, United States Code.


             sec. 202. requirements for state participation

       Subsection 202(a) amends section 31311(a)(6) of title 49, 
     United States Code, to require a State to request, before 
     renewing an individual's CDL, all information about the 
     driving record of such individual from any other State that 
     has issued a driver's license to the individual.
       Subsection (b) amends section 31311(a)(8) of such title to 
     require a State, when notifying the Secretary, the operator 
     of CDLIS, and the issuing State of the disqualification, 
     revocation, suspension, or cancellation of a CDL holder's 
     commercial driver's license, to also notify such entities of 
     the underlying violation that resulted in such 
     disqualification, revocation, suspension, or cancellation.
       Subsection (c) revises 31311(a)(9) of such title to require 
     a State to notify a CDL holder's home State of any violation 
     of traffic laws committed by the CDL holder, not just 
     violations involving a commercial motor vehicle. The 
     subsection also requires a State to notify any State that has 
     issued a driver's license (non-CDL) to an individual of any 
     violation committed while the individual is operating a CMV.
       Subsection (d) amends section 31311(a)(10) of such title to 
     provide that a State may not issue any form of special 
     license or permit, including a provisional or temporary 
     license, to a CDL holder that would permit the CDL holder to 
     drive a CMV during a period in which the CDL holder's license 
     is revoked, suspended, or canceled, or the CDL holder is 
     disqualified from operating a CMV.
       Subsection (e) revises 31311(a)(13) of title 49 to provide 
     that a State may establish penalties, with the Secretary's 
     approval, that are consistent with chapter 313, for 
     violations committed by an individual operating a commercial 
     motor vehicle.
       Subsection (f) adds a new paragraph 31311(a)(18) to title 
     49 to require the State to maintain, as part of its driver 
     information system, a record of each violation of motor 
     vehicle traffic control laws committed by a CDL holder, and 
     to make such record available upon request to the individual 
     driver, the Secretary, employers, prospective employers, 
     State licensing and law enforcement agencies, and their 
     authorized agents.
       Subsection (g) adds a new paragraph 31311(a)(19) to title 
     49 to prohibit both conviction masking and deferral programs 
     by requiring every State to keep a complete driving record of 
     all violations of traffic control laws (including CMV and 
     non-CMV violations) by any individual to whom it has issued a 
     CDL, and to make each such complete driving record available 
     to all authorized persons and governmental entities having 
     access to such record. This provision provides that a State 
     may not allow information regarding such violations to be 
     masked or withheld in any way from the record of a CDL 
     holder.
       Subsection (g) also adds a new paragraph 31311(a)(20) to 
     title 49 to require each State to comply with the 
     requirements of the regulation issued under 31310(g) of such 
     title.


                     SEC. 203. STATE NONCOMPLIANCE

       Section 203 clarifies the Secretary's authority to shut 
     down a State's CDL program if a State is not substantially 
     complying with Federal CDL requirements. The section permits 
     a CDL holder or applicant to go to another State for 
     licensing or renewal if his/her home state program has been 
     shut down for noncompliance. This provision does not 
     invalidate or otherwise affect commercial driver's licenses 
     issued by a State before that State's CDL program was found 
     to be non-compliant and shut down.


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

       Section 204 amends section 30304 of title 49, United States 
     Code, to require a State, before issuing or renewing any 
     motor vehicle operator's license to an individual, to query 
     both the National Driver Register (NDR) and the commercial 
     driver's license information system (CDLIS). The intent of 
     this provision is to close a loophole in the CDL program 
     identified in the Department of Transportation's CDL 
     Effectiveness Study, whereby a driver currently holding a 
     valid CDL applies for a non-CDL without revealing or 
     surrendering the CDL. Without a check of both NDR and CDLIS, 
     the fact that the driver already holds a CDL at the time of 
     application for a non-CDL can go undetected, thus defeating 
     the fundamental ``one driver, one license'' principle behind 
     the CDL program that prevents drivers from spreading multiple 
     convictions over multiple licenses. The provision also amends 
     section 31311(a)(6) to require that before issuing or 
     renewing a commercial driver's license, the State shall 
     request from any other State that has issued a driver's 
     license to the individual all information about the driving 
     record of the individual.


                   SEC. 205. REGISTRATION ENFORCEMENT

       The provision adds new subsection 13902(e) to authorize the 
     Secretary to put a carrier out of service upon finding that 
     the carrier is operating without authority or beyond the 
     scope of its authority. Foreign motor carriers who operate 
     vehicles in the U.S. are not permitted to operate in 
     interstate commerce without evidence of registration in each 
     motor vehicle.


               SEC. 206. DELINQUENT PAYMENT OF PENALTIES

       Subsection (a) amends section 13905(c) of title 49, United 
     States Code, to provide that registration of a carrier, 
     broker, or freight forwarder may be suspended, amended, or 
     revoked for failure to pay civil penalty, or arrange and 
     abide by a payment plan, within 90 days of the time specified 
     by order of the Secretary for the payment of such penalty. 
     This provision does not apply to a person unable to pay 
     assessed penalties because a person is a debtor in a case 
     under chapter 11 of title 11, United States Code.
       Subsection (b) amends section 521(b) of title 49, United 
     States Code, to provide that an owner or operator of a 
     commercial motor vehicle who fails to pay an assessed civil 
     penalty or fails to arrange and abide by an acceptable 
     payment plan for such civil penalty, within 90 days of the 
     time specified by order of the Secretary for the payment of 
     such penalty, may not operate in interstate commerce. This 
     provision does not apply to a person unable to pay assessed 
     penalties because the person is a debtor in a case under 
     chapter 11 of title 11, United States Code.


        sec. 207. state cooperation in registration enforcement

       The provision amends section 31102(b)(1) of title 49, 
     United States Code, to clarify that State motor carrier plans 
     shall ensure State cooperation in enforcement of registration 
     and financial responsibility requirements in sections 13902, 
     13906, 31138 and 31139 of such title.


                       sec. 208. imminent hazard

       The provision revises the definition of imminent hazard in 
     section 521(b)(5)(b) of title 49, United States Code, to 
     refer to a condition that ``substantially increases the 
     likelihood of'' serious injury or death.


                  sec. 209. household goods amendments

       Subsection 209(a) is a technical amendment to the 
     definition of household goods in section 13102(10)(A) of 
     title 49, United States Code, regarding certain property 
     moving from a store or factory.
       Subsection (b) increases the limit for mandatory 
     arbitration under section 14708(b)(6) of such title from 
     $1,000 to $5,000.
       Subsection (c) requires a General Accounting Office study 
     on the effectiveness of DOT enforcement of household goods 
     consumer protection rules and other potential methods of 
     enforcement, including State enforcement.


            sec. 210. new motor carrier entrant requirements

       This provision requires the Secretary to initiate a 
     rulemaking to establish minimum requirements for new motor 
     carriers to ensure applicant carriers are knowledgeable about 
     applicable Federal motor carrier safety standards. It 
     requires motor carrier owners and operators who are granted 
     new operating authority to be reviewed by a safety inspector 
     within eighteen months of commencing operations. The 
     provision requires the Secretary, in establishing the 
     elements of the safety review, to consider the impact on 
     small businesses and to consider establishing alternative 
     locations for conducting such reviews. It also allows the new 
     entrant review requirements to be phased in over time to take 
     into account the availability of certified motor carrier 
     safety auditors and provides for designating new motor 
     carriers as ``new entrants'' until the required review is 
     completed.


               sec. 211. certification of safety auditors

       The provision requires the Secretary to complete a 
     rulemaking within one year of enactment to improve training 
     and provide for the certification of motor carrier safety 
     auditors, including private contractors, to conduct safety 
     inspection audits. The provision prohibits private 
     contractors from issuing safety ratings or operating 
     authority, and authorizes the Secretary to decertify any 
     motor carrier safety auditors.


                   sec. 212 commercial van rulemaking

       This provision requires the Secretary to complete in one 
     year an on-going rulemaking, Docket No. FHWA-5710, to 
     determine which small passenger vans should be covered by 
     Federal motor carrier safety regulations. At a minimum, the 
     rulemaking shall apply safety regulations to commercial vans 
     referred to as ``camionetas''--carriers providing 
     international transportation between points in Mexico and 
     points in the United States--and to commercial vans operating 
     in interstate commerce outside commercial zones that have 
     been determined to pose serious safety risks. In no case 
     should the rulemaking be concluded to exempt all small 
     commercial passenger carrying vans.
       The managers note there have been a number of fatal 
     accidents involving small passenger vans known as camionetas 
     particularly in the Southern border States. In an effort to 
     address this safety problem, the Congress has acted on two 
     separate occasions directing the Secretary to apply Federal 
     motor carrier safety regulations to these passenger

[[Page 31206]]

     vans. First, the definition of passenger vans was amended as 
     part of the ICC Termination Act of 1995 with the intent of 
     applying safety regulations to these carriers. However, the 
     Department took no action based on this statutory 
     requirement. Due to the lack of action by the Department to 
     regulate these vehicles, the Congress again directed the 
     Department to apply certain motor carrier safety regulations 
     to those vans in the Transportation Equity Act for the 21st 
     Century (TEA 21). The TEA 21 provision required that all 
     commercial vans carrying more than 8 passengers to be covered 
     by most Federal motor carrier safety rules by June 1999, 
     except to the extent DOT exempted operations as it determined 
     appropriate through rulemaking. The Department took no action 
     to even initiate the statutory rulemaking by the June 
     deadline. On September 3, 1999, the Department finally issued 
     a rule but it actually exempted the entire class of vehicles 
     from regulation until further notice. The managers find the 
     Department's blatant misinterpretaion of the statute 
     unacceptable. Therefore, a provision has been included in 
     this bill directing the Secretary to finally address this 
     identified safety problem.


            sec. 213. 24-hour staffing of telephone hotline

       The provision amends section 4017 of TEA 21 to require that 
     the Department's toll-free telephone hotline for reporting 
     safety violations be staffed 24 hours a day, 7 days a week, 
     by individuals knowledgeable about Federal motor carrier 
     safety regulations and procedures. This section also 
     increases the funding authorization for the hotline to the 
     level of the Department of Transportation's estimate of the 
     cost of 24-hour coverage.


                  sec. 214. cdl school bus endorsement

       The provision requires the Secretary to conduct a 
     rulemaking to establish a special CDL endorsement for drivers 
     of school buses. The section requires, at a minimum, that the 
     endorsement (1) include a driving skills test in a school 
     bus, and (2) address proper safety procedures for loading and 
     unloading children, using emergency exits, and traversing 
     highway grade crossings.


                     sec. 215. medical certificate

       The provision requires the Secretary to initiate a 
     rulemaking to provide for the Federal medical qualification 
     certificate to be made part of the commercial driver's 
     license.


     sec. 216. implementation of inspector general recommendations

       The provision requires the Secretary to implement all the 
     DOT Inspector General's motor carrier safety improvement 
     recommendations contained in the IG's April 1999 report 
     assessing the effectiveness of DOT's motor carrier safety 
     program, except to the extent to which such recommendations 
     are specifically addressed in sections 206, 208, 217, and 222 
     of this Act. These recommendations, found on pages 17, 18, 
     26, and 27 of the IG report, are as follows:
       Recommendations to Improve the Effectiveness of Motor 
     Carrier Safety Enforcement:
       1. Strengthen its enforcement policy by establishing 
     written policy and operating procedures to take strong action 
     against motor carriers with repeat violations of the same 
     acute or critical regulation. Strong enforcement actions 
     would include assessing fines at the statutory maximum 
     amount, the issuance of compliance orders, not negotiating 
     reduced assessments, and when necessary, placing motor 
     carriers out of service.
       2. Remove all administrative restrictions on fines placed 
     in the Uniform Fine Assessment program and increase the 
     maximum fines to the level authorized by TEA-21.
       3. Establish stiffer fines that cannot be considered a cost 
     of doing business and, if necessary, seek appropriate 
     legislation raising statutory penalty ceilings.
       4. Implement a procedure that removes the operating 
     authority from motor carriers that fail to pay civil 
     penalties within 90 days after final orders are issued or 
     settlement agreements are completed.
       5. Establish criteria for determining when a motor carrier 
     poses an imminent hazard.
       6. Require follow-up visit and monitoring of those motor 
     carriers with a less-than-satisfactory safety rating, at 
     varying intervals, to ensure that safety improvements are 
     sustained, or if safety has deteriorated that appropriate 
     sanctions are invoked.
       7. Establish a control mechanism that requires written 
     justification by the OMC State Director when compliance 
     reviews of high-risk carriers are not performed.
       8. Establish a written policy and operating procedures that 
     identify criteria and time frames for closing enforcement 
     cases, including the current backlog.
       Recommendations for Data Enhancement:
       1. Require applicants requesting operating authority to 
     provide the number of commercial vehicles they operate and 
     the number of drivers they employ and require all motor 
     carriers to periodically update this information.
       2. Revise the grant formula and provide incentives through 
     MSCAP grants for states to provide accurate, complete and 
     timely commercial vehicle crash reports, vehicle and driver 
     inspection reports and traffic violation data.
       3. Withhold funds from MCSAP grants for those States that 
     continue to report inaccurate, incomplete and untimely 
     commercial vehicle crash data, vehicle and driver inspection 
     data and traffic violation data within a reasonable 
     notification period such as one year.
       4. Initiate a program to train local enforcement agencies 
     for reporting of crash, roadside inspection data including 
     associated traffic violations.
       5. Standardize OMC and NHTSA crash data requirements, crash 
     data collection procedures, and reports.
       6. Obtain and analyze crash causes and fault data as a 
     result of comprehensive crash evaluations to identify safety 
     improvements.
       The provision requires that every 90 days, beginning 90 
     days after enactment, the Secretary provide status reports on 
     the implementation of recommendations. The IG would also be 
     directed to provide the Committees with assessments of the 
     Secretary's progress. The IG report shall include an analysis 
     of the number of violations cited by safety inspectors, the 
     level of fines assessed and collected for such violations, 
     the number of cases in which there are findings of 
     extraordinary circumstances under section 222(c) of the Act, 
     and the circumstances in which such findings are made.


  sec. 217. periodic refiling of motor carrier identification reports

       The provision requires periodic updating, but not more 
     frequently than once every two years, of the Motor Carrier 
     Identification Report, Form MCS-150, filed by each motor 
     carrier conducting operations in interstate or foreign 
     commerce. An initial updating of the information is required 
     within 12 months from enactment of the Act.


                  sec. 218. border staffing standards

       Subsection 218(a) requires the Secretary to develop and 
     implement appropriate staffing standards for Federal and 
     State motor carrier safety inspectors in international border 
     areas.
       Subsection (b) lists the factors to be considered in 
     developing the staffing standards. These include the volumes 
     of traffic, hours of operation of the border facilities, 
     types of commercial motor vehicles (including passenger 
     vehicles) and cargo in the border areas, and the 
     responsibilities of Federal and State inspectors.
       Subsection (c) prohibits the United States and any State 
     from reducing its respective level of motor carrier safety 
     inspectors in an international border area below the level of 
     such inspectors in fiscal year 2000.
       Subsection (d) provides that if, by October 1, 2001, and 
     each fiscal year thereafter, the Secretary has not ensured 
     that appropriate levels of staffing consistent with the 
     staffing standards are deployed in international border 
     areas, the Secretary should allocate five percent of motor 
     carrier safety assistance program funds for border commercial 
     motor vehicle and safety enforcement programs.


    sec. 219. foreign motor carrier penalties and disqualifications

       Subsection 219(a) provides for civil penalties and 
     disqualifications for foreign motor carriers that operate, 
     before implementation of the land transportation provisions 
     of NAFTA, without authority outside of a commercial zone.
       Subsection (b) provides that the civil penalty for an 
     intentional violation shall not be more than $10,000 and may 
     include disqualification from operating in U.S. for not more 
     than 6 months.
       Subsection (c) provides that the civil penalty for a 
     pattern of intentional violations shall not be more than 
     $25,000; the carrier shall be disqualified from operating in 
     the U.S., and that such disqualification may be permanent.
       Subsection (d) prohibits any foreign motor carrier from 
     leasing its motor vehicles to any other carrier to transport 
     property in the U.S. during any period in which a suspension, 
     condition, restriction, or limitation imposed under 49 U.S.C. 
     13902(c) applies to the foreign carrier.
       Subsection (e) provides that no provision may be enforced 
     if inconsistent with international agreements.
       Subsection (f) provides that acts committed without 
     knowledge of the carrier or committed unintentionally are not 
     grounds for penalty or disqualification.


                    sec. 220. traffic law initiative

       The provision permits the Secretary to carry out a program 
     with one or more States to develop innovative methods of 
     improving motor carrier traffic law compliance, including the 
     use of photography and other imaging technologies.


        sec, 221, state-to-state notification of violations data

       The provision requires the Secretary to develop a uniform 
     system to support the electronic transmission of data State-
     to-State on violations of all motor vehicle traffic control 
     laws by individuals possessing a commercial driver's license.


               sec. 222. minimum and maximum assessments

       Subsection 222(a) directs the Secretary to ensure that 
     motor carriers operate safely by imposing civil penalties at 
     a level calculated to ensure prompt and sustained compliance 
     with Federal motor carrier safety and commercial diver's 
     license (CDL) laws.
       Subsection (b) recommends the Secretary establish and 
     assess minimum civil penalties

[[Page 31207]]

     for Federal motor carrier safety and CDL violations and 
     requires the Secretary to assess the maximum civil penalty 
     for repeat offenders or a pattern of violations.
       Subsection (c) recognizes that extraordinary circumstances 
     do arise that merit the assessment of civil penalties at a 
     level lower than any level established under subsection (b) 
     of this section. If the Secretary assesses such lower 
     penalties, the Secretary must document the justification for 
     them.
       Subsection (d) requires the Secretary to conduct and submit 
     to Congress a study of the effectiveness of revised civil 
     penalties established in TEA 21 and this Act in ensuring 
     compliance with Federal motor carrier safety and commercial 
     driver's license laws.


             sec. 223. motor carrier safety progress report

       The provision directs the Secretary to submit a status 
     report on the Department's progress in achieving its goal of 
     reducing motor carrier fatalities by 50 percent by 2009.


      sec. 224. study of commercial motor vehicle crash causation

       Subsection 224(a) requires the Secretary to conduct a 
     comprehensive study to determine the causes of, and 
     contributing factors to, crashes involving commercial motor 
     vehicles, including vehicles defined in section 31132(1)(B) 
     of title 49, United States Code, and to identify the data 
     requirements needed to improve the Department's and the 
     States' ability to evaluate crashes and crash trends, 
     identify crash causes and contributing factors, and develop 
     safety measures to reduce such crashes.
       Subsection (b) addresses the design of the study, requiring 
     that it yield information to help the Department and the 
     States identify activities likely to lead to significant 
     reductions in commercial motor vehicle-involved crashes 
     including crashes by commercial vans.
       Subsection (c) lists the area of expertise of the people 
     with whom the Secretary is required to consult in conducting 
     the study.
       Subsection (d) requires the Secretary to provide for public 
     comment on various aspects of the study.
       Subsection (e) requires the Secretary to submit the results 
     of the study to Congress, review the study at least once 
     every five years, and update the study and report as 
     necessary.
       Subsection (f) provides $5 million in contract authority to 
     carry out this section.


                 sec. 225. data collection and analysis

       This provision directs the Secretary to carry out a program 
     to improve the collection and analysis of data on commercial 
     motor vehicle crashes, including crash causation. NHTSA, in 
     cooperation with the new Federal Motor Carrier Safety 
     Administration, is required to administer the program. It 
     requires NHTSA to integrate driver citation and conviction 
     information and provide $5 million from the FMCSA's 
     administrative takedown to fund this program. This section 
     also provides $5 million in contract authority for 
     information systems under 49 U.S.C. 31106.


                   sec. 226. drug test results study

       Subsection 226(a) directs the Secretary to conduct a study 
     on the feasibility and merits of having medical review 
     officers or employers report positive drug tests of CDL 
     holders to the State that issued the CDL and requiring all 
     prospective employers, before hiring any driver, to query the 
     State that issued the driver's CDL on whether the State has 
     on record any verified positive controlled substances test on 
     such driver.
       Subsection (b) lists factor to be considered in the study. 
     They are: safeguarding confidentiality of test results; 
     costs, benefits and safety impacts; and whether a process 
     should be established to allow drivers to correct errors and 
     expunge information from their records after a reasonable 
     time.
       Subsection (c) requires the Secretary to issue a report to 
     Congress on the study within two years.


                    sec. 227. approval of agreements

       Section 227 amends section 13703 of title 49, United States 
     Code, by adding a new requirement to require the Surface 
     Transportation Board to review every five years any agreement 
     for any activities approved under section 13703. The 
     provision also provides for the continuation of any pending 
     cases before the Board, but prohibits certain nationwide 
     agreements.


                        sec. 228. dot authority

       This section clarifies Congressional intent with respect to 
     the criminal investigative authority of the Department of 
     Transportation Inspector General (IG).
       When the Office of Motor Carrier Safety finds evidence of 
     egregious criminal violations of motor carrier safety 
     regulations through their regulatory compliance efforts, it 
     refers these cases to the IG's Office of Investigations. 
     Recently, a U.S. District Court concluded that an 
     investigation undertaken by the IG exceeded its jurisdiction, 
     see In the Matter of the Search of Northland Trucking Inc. 
     (D.C. Arizona), finding that the motor carrier involved was 
     not a grantee or contractor of the Department, nor was there 
     evidence of collusion with DOT employees. This narrow 
     construction of the IG's authority is not well grounded in 
     law, and the managers are concerned about the adverse impacts 
     the Order could have on IG operations. This provision, 
     therefore, clarifies Congressional intent with respect to the 
     authority of the IG, reaffirming the IG's ability and 
     authority to continue to conduct criminal investigations of 
     parties subject to DOT laws or regulations, whether or not 
     such parties receive Federal funds from the 
     Department.

  Mr. HOLLINGS. Mr. President, I rise in support of H.R. 3419 the Motor 
Carrier Safety Improvement Act of 1999. This bill creates a separate 
modal administration, the Federal Motor Carrier Safety Administration, 
to administer the commercial motor vehicle safety laws and make needed 
improvements to our highway safety programs. To secure enactment of 
this important legislation, Senator McCain and I worked with our 
colleagues in the House to craft a compromise bill. I would like to 
commend Chairman Shuster and Ranking Democrat Oberstar of the House 
Transportation and Infrastructure Committee for their efforts on this 
compromise proposal. The Administration supports this legislation and 
the Secretary of Transportation has requested that the Senate complete 
consideration of this legislation prior to the adjournment of the first 
session of the 106th Congress.
  As many of you may know, I introduced legislation in the 1980s to 
establish a separate modal administration within the Department of 
Transportation for the motor carrier industry. Since safety oversight 
was moved from the Interstate Commerce Commission in 1966, truck and 
bus safety oversight has been a part of the Federal Highway 
Administration. H.R. 3419 continues the bifurcation of motor carrier 
economic and safety regulation. The economic regulatory authority will 
still be vested at the Surface Transportation Board, and the safety 
regulatory authority will be designated to the new Administration. 
Under the current regulatory structure there is a separate regulatory 
agency for rail, transit, air, and maritime transportation, but no 
primary agency for the largest mode of commercial transportation--the 
trucking industry. Establishing a separate agency with the stated 
responsibility for making the highways safer would be an important step 
forward in highlighting the importance of truck and bus safety as well 
as improving regulatory efficiency. I am pleased that members of the 
Senate and House have agreed to establish a new modal administration; 
we have high expectations this change will lead to tougher standards, 
more expeditious rule makings, and a greater degree of enforcement than 
has been the norm in recent years.
  The trucking industry generates over 80% of the revenues derived from 
the domestic transportation of cargo. The industry has undergone 
fantastic growth in the past five years. The number of carriers 
operating in the trucking industry has close to doubled since 1994 
alone. Overall, the volume of truck traffic on the highways in this 
country is astounding, and clearly has an impact on safety. As many of 
you know, I was not a supporter of deregulating the trucking industry, 
and I question whether this policy has contributed to our present 
safety concerns.
  The Senate Commerce, Science, and Transportation Committee has held 
several hearings on the subject of motor carrier safety in the last 
year. These hearings have included testimony from a number of 
organizations, including the Department of Transportation's Inspector 
General, the Chairman of the National Transportation Board and consumer 
groups all expressing concern about the Office of Motor Carriers and 
stating the need for reform. Chairman McCain and I have worked to 
incorporate many of the recommendations by these groups into the 
legislation we are considering today.
  I would like to briefly summarize some of the major provisions and 
important consequences of H.R. 3419. This legislation undoubtedly will 
increase the overall number of safety inspections by requiring that all 
new entrants to the truck and bus industry undergo a safety review. The 
bill also requires that carriers become familiar with motor carrier 
safety regulations and undergo a safety review in order to obtain 
operating authority. Currently 25,000 to 40,000 new carriers enter into

[[Page 31208]]

interstate commerce annually. In order to obtain operating authority 
under the present system, new operators must show proof of insurance 
and sign a form attesting that they are familiar with safety 
regulations. This new provision would require that new carriers be 
designated as ``new entrants'' until the completion of a successful 
safety review. The intent of this provision is to make sure that new 
operators have basic safety management practices in place. During their 
first eighteen months of operation, they would need to show that they 
have critical safety elements in place--for example, drug testing, 
maintenance plans, and driving records such as logbooks. This safety 
review is not intended to be a time consuming investigation of the 
property and drivers, nor is it intended to be a barrier to entry for 
new operators; in fact we have stipulated that the Secretary should 
take into consideration the needs of small businesses when conducting 
the rulemaking on new entrant safety reviews. However, there is broad 
consensus that an entry level safety review to ensure a minimum level 
of safety and compliance with federal safety regulations.
  I am pleased that this bill increases the number of motor carrier 
safety inspectors by requiring that DOT certify private contractors to 
perform safety audits. I would also like to commend Senator Breaux for 
his leadership on the issue of third party inspectors. His introduction 
of S. 1524, the Motor Carrier Safety Specialist Certification Act, 
following the Mother's Day bus accident in New Orleans was instrumental 
in demonstrating the need for additional qualified inspectors. These 
third party auditors will be required to conduct the initial safety 
reviews of the new carriers and are likely to lead to an increasing 
number of inspections and audits overall. These auditors will be 
certified by DOT to perform safety audits and inspections, however DOT 
will retain the authority to grant operating authority and issue 
ratings--we have no plans to delegate this vital enforcement authority 
to the private sector. The Secretary is directed to complete a 
rulemaking to establish how third party inspectors are to be certified. 
However, our expectation is that their role is to assist with the 
collection of data, not supersede the existing authority of the DOT.
  This legislation authorizes an additional $140 million a year for 
motor carrier safety and data improvements over the levels established 
in TEA-21, the federal safety transportation bill that was passed in 
the last year. Of that money $65 million is guaranteed under the 
budgetary firewalls established in TEA-21. The bulk of this funding 
will go directly to the states through the Motor Carrier Safety 
Assistance Program (MCSAP). This grant program to the states is the 
underpinning for the enforcement of commercial motor vehicle safety 
laws and I am pleased that we are more than doubling the funding 
authorized for this important safety program. I look forward to working 
the Department Transportation to ensure this new agency will have 
adequate personnel to achieve the important safety objectives set forth 
in this bill.
  H.R. 3419 also requires many data improvements, including periodic 
refilling of motor carrier information, which means that safety 
statistics on trucks and buses are soon to be more up to date and that 
improvement data will be available to the public. Currently, only 
twenty percent of the carriers operating in interstate commerce have 
been inspected or audited in relation to safety ratings by the 
Department of Transportation--this number is insufficient. In order to 
increase the number of safety rated carriers, accurate data is 
required. H.R. 3419 directs the National Highway Traffic Safety 
Administration (NHTSA), in cooperation with the new Federal Motor 
Carrier Safety Administration, to carry out a program to improve the 
collection and analysis of data on commercial motor vehicle crashes, 
including crash causation and requires NHTSA to integrate driver 
citation and conviction information. In addition, the Secretary is 
directed to conduct a crash causation study to determine the causes of, 
and contributing factors to, crashes involving commercial motor 
vehicles--all interested parties, including victims and safety groups, 
should be consulted in designing the study. The legislation also 
requires the Department of Transportation to disclose potential 
conflicts of interest, and requires DOT to study whether disclosure 
obligations are sufficient to avoid conflicts of interest. Proper 
safety regulation is dependent on thorough and impartial research.
  H.R. 3419 also toughens Commercial Drives License (CDL) requirements. 
It will require that medical qualification certificates be part of all 
CDLs. It will prohibit the masking of convictions on CDL's, thereby 
ending the practice of erasing convictions for increased fines and plea 
bargaining down convictions, and erasing convictions in exchange for 
attending bypass or educational programs. The legislation also will 
provide access to driver records for safety enforcement and hiring 
purposes--driver records would be made available to employees, current 
employers, future employers and law enforcement personnel on request. 
This language will address concerns about inacurate driver records and 
ensure that the practice of masking convictions or records is ended. 
This provision lists parties which should have access to the driving 
records of commercial motor vehicle operators, however, the expection 
is that parties such as insurers which currently have access to this 
information will continue to do so.
  I am pleased that this legislation now includes a separate school bus 
CDL endorsement. By requiring the Secretary to establish a rule making 
for a CDL endorsement, which includes at a minimum, a driving skills 
test in a school bus, as well as safety procedures for loading and 
unloading, using emergency exits and traversing highway rail grade 
crossings, this bill places a greater emphasis on the safety of 
transporting our children.
  H.R. 3419 also includes recommendations from the DOT IG's report. 
These recommendations call for the strengthening of enforcement policy 
by increasing fines, requiring greater monitoring of carriers and 
standardizing data. The IG's report clearly indicates that we need to 
do more in the way of compliance reviews and clearing up the back-log 
of regulatory initiatives that have not been completed. These 
initiatives are overdue, and the public deserves an aggressive pro-
active safety policy.
  Several of the IG's recommendations address the enforcement of civil 
penalties to ensure greater compliance with Federal motor carrier 
safety and commercial drivers' license laws. Section 222 of H.R. 3419 
includes provisions establishing minimum, as well as maximum, penalties 
for violations. Because situations arise when the Secretary may choose 
to exercise discretion in the assessment of maximum penalties, a 
provision was included to allow assessment of penalties at a lower 
level than established by this provision in extraordinary 
circumstances. The goal of this provision is to provide administrative 
flexibility while ensuring that the previous abuses in motor carrier 
safety enforcement practices are not perpetuated by the new agency. In 
assessing penalties for violations, the Secretary's exercise of 
discretion under extraordinary circumstances to reduce or eliminate 
fines should only be used in rare and unusual conditions and this 
legislation requires that the Secretary document the justification for 
such a situation. In addition, the bill will require the Secretary of 
Transportation and the IG to periodically report to the Congress on 
their progress implementing not only the application of civil penalties 
but all of the IG's recommendations.
  Additionally, the legislation addresses the issue concerning truck 
inspections at the US-Mexico border. Currently, far too few trucks are 
being inspected at the US-Mexico border and far too few inspected 
trucks comply with U.S. safety standards. I should note that I do not 
support Mexican truckers operating in the United States, because this 
policy ultimately threatens public safety. For example, according to 
the DOT Inspector General, at the border crossing in El Paso, Texas, an 
average of 1,300 trucks enter

[[Page 31209]]

daily, yet only one inspector is on duty allowing for only 10 to 14 
truck inspections daily. At other crossings, there are no inspectors. 
Of those Mexican trucks inspected, about 44 percent were placed out of 
service because of serious safety violations. This contrasts with a 25 
percent out-of-service rate for US trucks and 17 percent for Canadian 
trucks. This safety record is unacceptable.
  The DOT's Inspector General confirmed last year that 68 Mexican 
trucks were found operating beyond the border commercial zones, where 
they are legally allowed to work and are probably involved in US 
cabotage reserved for US truckers. H.R. 3419 would reaffirm the 
prohibition on foreign motor carriers operating outside the boundaries 
of a commercial zone along the U.S.-Mexico border. Foreign trucks that 
are found to be operating outside the commercial zones without 
authority will be subject to civil penalties.
  In conclusion, I would like to ask my colleagues for their support in 
the passage of this legislation. I would like to thank the following 
Senate staff for their work on this bill; Debbie Hersman, Carl Bentzel, 
Kevin Kayes and Moses Boyd, Ann Begeman, Charlotte Casey, and Mark 
Buese. I would also like to thank House staffers, Clyde Woodle, Dave 
Heymsfeld, Ward McCarragher, Jess Sharp, Chris Bertram, Patty Doersch, 
Jack Schenendorf and Roger Nober. These staffers all worked hard to 
help reach a bipartisan compromise.
  H.R. 3419 is a good bill. I strongly support the passage of H.R. 3419 
and look forward to its enactment.
  Ms. COLLINS. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 3419) was read the third time and passed.

                          ____________________