[Senate Report 112-238]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-238
_______________________________________________________________________

                                      

                                                       Calendar No. 543

 
        COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2011

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1950




               November 13, 2012.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred twelfth congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  DEAN HELLER, Nevada
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     John Williams, General Counsel
               Richard Russell, Republican Staff Director
            David Quinalty, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel


                                                       Calendar No. 543
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-238

======================================================================




        COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2011

                                _______
                                

               November 13, 2012.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1950]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1950) to amend title 49, United 
States Code, to improve commercial motor vehicle safety and 
reduce commercial motor vehicle-related accidents and 
fatalities, to authorize the Federal Motor Carrier Safety 
Administration, and for other purposes, having considered the 
same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill (as 
amended) do pass.

                          Purpose of the Bill

  S. 1950, the Commercial Motor Vehicle Safety Enhancement Act 
of 2011, is a bill to improve commercial motor vehicle safety 
and reduce commercial motor vehicle-related accidents and 
fatalities, to authorize the Federal Motor Carrier Safety 
Administration for fiscal years 2012 and 2013, and for other 
purposes.

                          Background and Needs


       A. BACKGROUND AND NEEDS ON COMMERCIAL MOTOR CARRIER SAFETY

  The commercial motor carrier industry is a major component of 
the U.S. economy. In 2007, more than 13 billion tons of 
freight, valued at $11.8 trillion, was transported nearly 3.5 
trillion ton-miles in the United States. The Bureau of 
Transportation Statistics reports that trucking held the 
greatest share in all these categories, handling 69 percent, or 
9 billion tons, of freight shipped; 71 percent, or $8.4 
trillion, of the total value of goods shipped; and 40 percent, 
or 1.4 trillion ton-miles, of total ton-miles.\1\ By 
comparison, the next greatest share was rail with 15 percent, 
or 1.9 billion tons, of total freight shipped and 37 percent, 
or 1.4 trillion ton-miles, or total ton-miles; and parcel, 
handling 13 percent, or $1.6 billion in total freight value. In 
2009, the commercial motor carrier industry generated $250.5 
billion in operating revenue, down from the $301.4 billion in 
operating revenue generated in 2008.
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    \1\Bureau of Transportation Statistics, ``U.S. Freight on the Move: 
Highlights from the 2007 Commodity Flow Survey Preliminary Data,'' by 
Michael Margreta, Chester Ford, and M. Adhi Dipo, September 2009.
---------------------------------------------------------------------------
  According to the Federal Motor Carrier Safety Administration 
(FMCSA), both the injury and fatality rates for accidents 
involving commercial motor vehicles (CMVs)\2\ have been 
declining on a per-mile basis since 2001, potentially due to 
increased compliance with safety measures. For example, seat 
belt use by drivers of large trucks has increased to 72 percent 
in 2008 from 48 percent in 2002. Additionally, the reduction of 
fatalities and injuries over the last several years is partly 
due to the current economic downturn, which has led to fewer 
motor vehicles and less congestion on our highways. As the 
economy improves and commerce increases, fatalities and 
injuries are likely to rise again unless concrete action is 
taken to prevent them.
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    \2\A ``commercial motor vehicle'' is defined under section 390.5 of 
title 49, Code of Federal Regulations as any self-propelled or towed 
motor vehicle used on a highway in interstate commerce to transport 
passengers or property when the vehicle (1) has a gross vehicle weight 
rating or gross combination weight rating, or gross vehicle weight or 
gross combination weight, of 4,536 kg (10,001 pounds) or more, 
whichever is greater; or (2) is designed or used to transport more than 
8 passengers (including the driver) for compensation; or (3) is 
designed or used to transport more than 15 passengers, including the 
driver, and is not used to transport passengers for compensation; or 
(4) is used in transporting material found by the Secretary of 
Transportation to be hazardous under 49 U.S.C. 5103 and transported in 
a quantity requiring placarding under regulations prescribed by the 
Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
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  Despite these positive trends, significant safety challenges 
still exist. For example, FMCSA reports that the rate of 
crashes (although not injuries and fatalities) involving large 
trucks and buses has increased in recent years. This is due in 
part to FMCSA working with the States to improve their 
reporting of large truck and bus crash and inspection data. As 
a result, large truck crashes reported to FMCSA increased from 
109,248 to more than 133,931 annually from calendar year 2001 
to 2008, an increase of 23 percent. During this same period, 
the total number of large truck fatal and injury crashes has 
actually decreased, from 90,451 crashes in 2001 to 67,733 in 
2008 according to FMCSA\3\, demonstrating that the increase in 
crashes represents more complete and accurate reporting by the 
States to FMCSA than in the past. Some question whether this 
change in data reporting has affected the perception of a 
reduction in fatality rates, which has declined from 2.31 in 
2001 to 1.79 in 2008 per 100 million vehicle miles traveled.
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    \3\FMCSA, ``Large Truck and Bus Crash Facts 2008'' March 2010 
(http://ai.fmcsa.dot.gov/CarrierResearchResults/PDFs/
LargeTruckandBusCrashFacts2008.pdf)
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  FMCSA is the Department of Transportation (DOT) agency 
responsible for commercial truck (motor carrier) and bus 
(motorcoach) safety. Its primary mission is to reduce crashes, 
injuries, and fatalities involving CMVs. To achieve this goal, 
FMCSA sets minimum safety standards for all CMVs, including the 
vehicle standards, the requirements for proper insurance and 
systematic maintenance, and the physical qualifications and 
operating rules for drivers. Additionally, FMCSA grants 
operating authority to a motor carrier or motorcoach carrier 
based upon the carrier's ability to meet and maintain 
compliance with FMCSA's safety fitness standards; drug and 
alcohol testing; commercial driver's license (CDL) standards; 
maintenance of crash records and reports; hours of service 
(HOS) rules; inspection, repair, and maintenance of vehicles; 
and other factors. FMCSA also targets educational messages to 
carriers, commercial drivers, and the public and partners with 
stakeholders, including Federal, State, and local enforcement 
agencies, the motor carrier industry, safety groups, and 
organized labor on efforts to reduce bus and truck-related 
crashes.

COMPLIANCE, SAFETY, ACCOUNTABILITY

  FMCSA ensures that carriers comply with safety regulations 
primarily through on-site safety reviews of carriers already in 
the industry and safety audits of carriers that have recently 
started operations. Safety reviews and audits help FMCSA 
determine whether carriers are complying with safety 
regulations and, if not, take enforcement action against them, 
including placing carriers out of service. However, FMCSA and 
State law enforcement agencies are dwarfed by the size of the 
industry and, as a result, are only able to conduct compliance 
reviews on a very small percentage of carriers, about 2 percent 
each year.
  FMCSA is implementing a new approach under its Compliance, 
Safety, Accountability (CSA) initiative to measure safety and 
compliance, determine safety fitness, recommend and apply 
interventions, and track and evaluate safety improvements for 
both carriers and individual drivers. Under this approach, a 
measurement system (computer algorithm) would use safety data 
inputs to rate the safety performance of carriers and 
individual drivers. FMCSA expects that CSA would provide safety 
benefits by enabling it: (1) to increase its reach by assessing 
whether most motor carriers and drivers are safe and holding 
them accountable by regularly determining their safety fitness; 
(2) to enhance its investigative and enforcement actions 
through the greater use of less resource-intensive 
interventions; and (3) to improve its ability to identify 
safety deficiencies through better use of data. FMCSA was set 
to deploy its CSA system in 2010, but full implementation has 
been delayed for a variety of reasons.

MOTOR CARRIER REGISTRATION PROCESS AND REINCARNATED CARRIERS

  A person is required to obtain operating authority from FMCSA 
before operating a CMV to transport cargo or passengers in 
interstate commerce. If FMCSA approves the application, 
applicants are issued conditional operating authority and are 
subject to a comprehensive new entrant safety audit not later 
than 18 months after beginning operation. If FMCSA determines 
before the end of this probationary period that the carrier is 
not operating safely, it may suspend or revoke the carrier's 
registration.
  Data shows that new motor carriers have more pronounced 
patterns of critical violations of safety regulations, far more 
acute violations, and higher accident rates in the first year 
of operation. However, FMCSA's application process relies on 
educational and technical assistance materials to improve the 
operations of motor carriers before they begin operation, and 
the agency has no way to determine if a motor carrier is 
complying with the Federal Motor Carrier Safety Regulations 
(FMCSRs) until the safety audit occurs. The National 
Transportation Safety Board (NTSB) has found that FMCSA's 
application process lacks meaningful safeguards to ensure that 
a motor carrier is aware of, understands, and has a safety 
management system in place to comply with the FMCSRs. The NTSB 
has recommended that all persons seeking operating authority 
demonstrate their safety fitness prior to obtaining new entrant 
operating authority by, at a minimum: (1) passing an 
examination demonstrating their knowledge of the FMCSRs; (2) 
submitting a comprehensive plan documenting that the motor 
carrier has management systems in place to ensure compliance 
with the FMCSRs; and (3) passing a FMCSA safety audit, 
including vehicle inspections.\4\
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    \4\NTSB Safety Recommendation H-03-02
---------------------------------------------------------------------------
  It has become a common practice in the motor carrier industry 
in recent years for motor carriers to submit a new application 
for registration, often under a new legal name, following a 
determination by the Secretary of Transportation (Secretary) 
that the carrier is not able to comply with the FMCSA's CMV 
safety regulations. Historically, when the motor carrier's 
attempt to mask or conceal this history of noncompliance 
through ``reincarnation'' has been discovered, the Secretary's 
authority to revoke or suspend the ``new'' registration based 
upon the compliance history of the predecessor motor carrier 
has been unclear.

FMCSA SAFETY GRANTS

  FMCSA provides funding to the 50 States, the District of 
Columbia, and the American Territories through ten separate 
grant programs, each with different safety objectives and 
emphasis. The largest of these grant programs is the Motor 
Carrier Safety Assistance Program Basic and Incentive grant 
program, which assists States in developing or implementing 
national programs for the uniform enforcement of Federal and 
State rules and regulations concerning motor safety.

ELECTRONIC ON-BOARD RECORDERS

  To reduce the instances of CMV-related accidents that are the 
result of fatigued drivers, FMCSA regulates the number of hours 
a truck driver may drive. By many accounts, truck driver 
compliance with the HOS regulations is poor, and the existing 
system to track the numbers of hours driven by drivers is 
complicated, easily-manipulated, expensive, and cumbersome to 
maintain and audit. To improve compliance, many motor carriers 
employ electronic on-board recorders (EOBRs), which are 
electronic recording devices typically installed in truck power 
units (``cabs''), to track compliance with the HOS regulations.
  On February 1, 2010, FMCSA issued a notice of proposed 
rulemaking to require certain motor carriers operating CMVs in 
interstate commerce to use EOBRs to document their drivers' 
HOS. Under this proposal, all motor carriers subject to the HOS 
rules would be required to use EOBRs to systematically and 
effectively monitor their drivers' compliance with the HOS 
requirements.

DRUG AND ALCOHOL TESTING

  FMCSA is responsible to enforce the regulations that require 
commercial drivers to be tested for drugs and alcohol. However, 
ensuring that all commercial drivers are tested is a 
substantial task, given the large number of commercial motor 
carrier companies registered with the Federal Government. In 
2008, the Government Accountability Office (GAO) reported 
weaknesses in FMSCA's drug testing program and recommended the 
establishment of a national database and clearinghouse of drug 
and alcohol testing information to enable more thorough 
checking of drivers' past test results and reduce the number of 
drivers who test positive and continue to drive.\4\ Earlier 
this year, Senator Pryor introduced S. 754, the Safe Roads Act, 
which would implement GAO's recommendation to establish this 
national database. S. 754 would authorize FMCSA to develop and 
deploy the database and clearinghouse; require medical review 
officers, employers and other service agents to report positive 
results from drug or alcohol tests to FMCSA; and require 
employers to check the database prior to hiring prospective 
employees.
---------------------------------------------------------------------------
    \4\GAO-08-600, ``Motor Carrier Safety: Improvements to Drug Testing 
Programs Could Better Identify Illegal Drug Users and Keep them off the 
Road,'' May 2008.
---------------------------------------------------------------------------

MOTOR COACH SAFETY AND ENFORCEMENT

  While motorcoach transportation overall is safe, the high-
occupancy of motorcoaches often means a serious motorcoach 
crash would result in a significant number of fatal or serious 
injuries, particularly when occupants are ejected. Between 2000 
and 2009, there were 338 motorcoaches involved in fatal 
crashes, of which 48 had at least one fatality to a motorcoach 
occupant. For comparison, annually there are approximately 
4,000 large trucks involved in fatal crashes, 18,000 passenger 
cars involved in fatal crashes, and 18,000 light trucks 
involved in fatal crashes. During the period between 2000 and 
2009, approximately 16 fatalities have occurred each year to 
motorcoach occupants (including drivers and passengers).
  Earlier this year, Senators Brown and Hutchison introduced S. 
453, the Motorcoach Enhanced Safety Act of 2011, to improve the 
safety of commercial over-the-road motorcoach operations by 
addressing the predominant factors impacting safety: the 
condition of the vehicle, the qualifications and physical 
condition of the driver, and the safety practices of the 
motorcoach company. The Committee on Commerce, Science, and 
Transportation reported that bill on November 9, 2011.

  B. BACKGROUND AND NEEDS ON SURFACE TRANSPORTATION AND FREIGHT POLICY

  The safe, efficient, and convenient movement of people and 
goods depends on a vibrant transportation system. Our Nation 
has built vast systems of roads, airways, railways, transit 
systems, pipelines, ports, and waterways that facilitate 
commerce and improve our quality of life. However, these 
systems are under considerable strain due to increasing 
congestion and the costs of maintaining and improving the 
systems. This strain is expected to increase as the demand to 
move people and goods grows resulting from population growth, 
technological change, and increased globalization of the 
economy. DOT implements national transportation policy and 
administers most Federal transportation programs. Its 
responsibilities are considerable and reflect the extraordinary 
scale, use, and impact of the Nation's transportation systems. 
DOT has multiple missions, primarily focusing on mobility and 
safety, that are carried out by several operating 
administrations.
  There is a widespread understanding that the surface 
transportation programs authorized in the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for 
Users (SAFETEA-LU) (119 Stat. 1144) do not effectively address 
the transportation challenges the Nation faces. As a result, 
many transportation stakeholders have called for a fundamental 
reexamination of the Nation's surface transportation programs: 
(1) to have well-defined goals with direct links to an 
identified Federal interest and Federal role; (2) to institute 
processes to make grantees more accountable by establishing 
more performance-based links between funding and program 
outcomes; and (3) to institute tools and approaches that 
emphasize the return on the Federal investment.
  As part of this reexamination, transportation stakeholders 
have called for a more clearly defined Federal role to improve 
freight mobility and an alignment of Federal investments with 
economically significant national benefits through a 
comprehensive national strategy for freight transportation. 
This national strategy should include defining the Federal role 
and national interests in freight transportation, including 
economically-based and objective criteria to identify areas of 
national significance for freight transportation and to 
determine whether Federal funds are required in those areas.
  A number of factors contribute to constrained freight 
mobility and, together, these factors have significant adverse 
impacts. First, growing freight transportation demand decreases 
freight mobility. Volumes of goods shipped by trucks and 
railroads, for example, are projected to increase by 98 percent 
and 88 percent, respectively, by 2035. Second, the capacity of 
our transportation system is constrained by other factors, 
including the cost of surmounting geographic barriers, such as 
mountain ranges and waterways, population density, and urban 
land-use development patterns. Third, freight mobility is 
limited by inefficiencies in how infrastructure is used, such 
as poor road signal timing and prices paid by users that do not 
align with infrastructure costs, resulting in congestion. The 
widening gap between the volumes of goods and available system 
capacity is increasing transportation congestion. Constrained 
freight mobility has adverse economic costs for consumers, 
shippers, and carriers, as well as in urban centers where 
congestion exacerbates environmental pollution and increases 
health risks, such as respiratory illnesses. Although freight 
transportation stakeholders have advanced projects and 
proposals to enhance freight mobility by building new 
infrastructure and increasing system efficiency, public 
planners face several challenges when advancing freight 
improvement projects. These challenges include competition from 
nonfreight projects for public funds and community support in 
the planning process, lack of coordination among various 
government entities and private sector stakeholders, and 
limited or restricted availability of public funds available 
for freight transportation. Compounding these challenges facing 
State and local transportation planners is that the Federal 
Government is not well positioned to enhance freight mobility 
due to the absence of a clear Federal strategy and role for 
freight transportation, an outmoded Federal approach to 
transportation planning and funding, and the unsustainability 
of planned Federal transportation funding. When combined, these 
challenges and factors hinder the ability of public sector 
agencies to effectively address freight mobility and highlight 
the need to reassess the appropriate Federal role and strategy 
in developing, selecting, and funding transportation 
investments, including those for freight transportation.

                         Summary of Provisions

  S. 1950, the Commercial Motor Vehicle Safety Enhancement Act 
of 2011 (CMVSEA) would reauthorize DOT's truck and bus safety 
programs that are administered by FMCSA and improve the safety 
of the CMV industry by enacting reforms focused on three 
themes: (1) ensuring the safest motor carriers and drivers are 
able to enter the industry; (2) improving the safety laws and 
regulations that govern drivers and vehicles that operate in 
the industry; and (3) providing FMCSA and States the 
enforcement tools they need to remove unsafe and unfit drivers 
and carriers from the industry. Below is a summary of the 
provisions included in the bill.
  CMVSEA would improve FMCSA's registration process by 
requiring an applicant to pass a safety proficiency examination 
and submission of a safety management plan as a precondition 
for operating authority. FMCSA currently does not require a 
demonstration of knowledge of Federal requirements before a 
carrier begins operating. The proficiency examination would 
allow FMCSA to evaluate the applicant's knowledge of FMCSA's 
safety regulations. Additionally, the requirement for 
applicants to submit a safety management plan would demonstrate 
the person has management systems in place to ensure compliance 
with FMCSA's safety regulations.
  CMVSEA would direct FMCSA to complete its current rulemaking 
to require EOBRs on all CMVs used in interstate commerce and 
subject to HOS to document their drivers' compliance with HOS. 
This requirement would improve compliance with the HOS 
regulations and thereby help reduce the risk of fatigue-related 
CMV accidents.
  CMVSEA would improve FMCSA's ability to crack down on 
``reincarnated carriers'' by enhancing FMCSA's authority to 
revoke their operating authority and requiring new operators to 
disclose all relationships with other motor carriers over the 
past 5 years as a condition of receiving operating authority. 
This provision would help DOT get unsafe carriers off the road 
by preventing them from ``reincarnating'' as a new carrier to 
avoid being held accountable for operating unsafely.
  CMVSEA incorporates S. 754, the Safe Roads Act, which would 
direct FMCSA to establish an electronic ``clearinghouse'' for 
records relating to alcohol and controlled substances testing 
of CMV operators. This clearinghouse would improve both CMV 
operators' and their employers' compliance with FMCSA alcohol 
and controlled substances testing program and would provide 
employers information about a driver before hiring the driver. 
The bill would also require employers to be updated on the 
driving status of their employees to prevent a person from 
operating a CMV with a revoked or suspended CDL.
  CMVSEA would provide statutory language to support FMCSA's 
implementation of CSA. CSA is FMCSA's new safety initiative to 
improve truck and bus safety by employing a new enforcement and 
compliance model that would allow FMCSA and its State partners 
to contact a larger number of carriers earlier in order to 
address safety problems before crashes occur.
  CMVSEA would consolidate FMCSA's grant programs into three 
primary programs: CSA, Driver Safety, and Data and Technology 
grants. These changes would allow for greater flexibility, 
diverse participation, and the ability to redirect funds based 
on national, State, and local needs.
  CMVSEA would direct DOT to report on the safety performance 
and infrastructure impacts of allowing trucks that exceed the 
Federal truck size and weight limits to operate on the National 
Highway System. The bill would also require DOT to compile the 
State laws that allow a segment of the National Highway System 
to accommodate trucks that operate in excess of the Federal 
truck size and weight limits.
  CMVSEA would also create a new competitive grant program for 
freight-specific, multi-modal infrastructure projects to 
complement other existing grant making programs to meet the 
policy, objectives, and goals of the S. 371, the Focusing 
Resources, Economic Investment, and Guidance to Help 
Transportation (FREIGHT) Act of 2011. This multi-year grant 
program would fund freight-specific projects, such as port 
infrastructure improvements, freight rail capacity expansion, 
and highway projects that improve access to freight facilities.
  CMVSEA would establish a comprehensive national surface 
transportation system policy to develop a comprehensive 
national surface transportation system that advances the 
national interest and defense, interstate and foreign commerce, 
the efficient and safe interstate mobility of people and goods, 
and the protection of the environment. The Secretary would be 
responsible to carry out this policy.
  CMVSEA would also establish a national freight transportation 
policy that would improve the efficiency, operation, and 
security of the national transportation system to move freight 
by leveraging investments and promoting partnerships that 
advance interstate and foreign commerce, promote economic 
competitiveness and job creation, improve the safe and 
efficient mobility of goods, and protect the public health and 
the environment.
  Finally, CMVSEA would establish an Office of Freight Planning 
and Development in the Office of the Secretary, along with an 
Assistant Secretary of Freight Planning and Development to head 
it. The Office of Freight Planning and Development would 
support DOT's work on the National Freight Strategic Plan and 
help coordinate Federal funding to assist with the movement of 
freight.

                          Legislative History

  S. 1950 was introduced on December 7, 2011, by Senators 
Lautenberg, Rockefeller, and Pryor and referred to the 
Committee on Commerce, Science, and Transportation. On December 
14, 2011, the Committee met in open Executive Session and, by a 
recorded vote, ordered S. 1950 reported with an amendment (in 
the nature of a substitute).
  Title IV of S. 1950 incorporates S. 754, the Safe Roads Act, 
which would implement GAO's recommendation to establish a 
national database and clearinghouse of drug and alcohol testing 
information. S. 754 was introduced on April 7, 2011, by 
Senators Pryor, Boozman, Snowe, Vitter, and Wicker and referred 
to the Committee on Commerce, Science, and Transportation. S. 
754 was previously introduced in the 111th Congress as S. 1113, 
the Safe Roads Act of 2009.
  Title VII of S. 1950 incorporates certain provisions of S. 
453, the Motorcoach Enhanced Safety Act of 2011. S. 453 was 
introduced on March 2, 2011, by Senators Sherrod Brown and 
Hutchison, and cosponsored by Senators Schumer, Gillibrand, 
Lautenberg, Blumenthal, Rockefeller, Webb, and Warner. The 
Committee on Commerce, Science, and Transportation met in open 
Executive Session and, by voice vote, ordered S. 453 reported 
favorable as amended, with an amendment (in the nature of a 
substitute) on May 5, 2011.
  Title XII of S. 1950 incorporates certain provisions of S. 
371, the FREIGHT Act. S. 371 was introduced on February 2, 
2011, by Senators Lautenberg, Cantwell, and Murray. Senator 
Rockefeller was added as a cosponsor on July 25, 2011. S. 371 
was previously introduced in the 111th Congress as S. 3629, the 
Focusing Resources, Economic Investment, and Guidance to Help 
Transportation Act of 2010.
  The Commerce, Science, and Transportation's Subcommittee on 
Surface Transportation and Merchant Marine Infrastructure, 
Safety, and Security held an oversight hearing on bus safety on 
March 25, 2011, and held a hearing on proposals to reauthorize 
FMCSA and its programs on July 21, 2011.
  With some modifications, the provisions of S. 1950 were 
enacted into law as Title II of Division C of the Moving Ahead 
for Progress in the 21st Century Act of 2012 (126 Stat. 776), 
which was signed into law on July 6, 2012.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1950--Commercial Motor Vehicle Safety Enhancement Act of 2011

    Summary: S. 1950 would extend the authority for programs 
administered by the Federal Motor Carrier Safety Administration 
(FMCSA) within the Department of Transportation (DOT) and would 
establish a DOT grant program to build infrastructure for the 
transportation of freight goods. The bill would set the amount 
of contract authority (the authority to incur obligations in 
advance of appropriations, a mandatory form of budget 
authority) for FMCSA programs at $562 million for 2012 and $564 
million for 2013.
    Consistent with the rules in the Balanced Budget and 
Emergency Deficit Control Act for constructing the baseline, 
CBO assumes that the budget authority provided by the bill for 
2013, the last year of the authorization, would continue at the 
same rate in each of the following years. CBO estimates that 
enacting the bill would result in baseline contract authority 
totaling $5.6 billion over the 2012-2022 period--an increase of 
$127 million above the amounts of contract authority for motor 
carrier safety programs currently projected in CBO's current 
baseline for the 2012-2022 period.
    CBO expects that most spending for the motor carrier safety 
programs will continue to be controlled by limits on annual 
obligations set in appropriation acts. Consequently, the 
changes in contract authority would not increase mandatory 
expenditures.
    Enacting S. 1950 would affect revenues; therefore, pay-as-
you-go procedures apply. The bill would require FMCSA to charge 
a fee for the use of a proposed new clearinghouse for drug and 
alcohol information and to impose fees to cover the cost of 
federal safety audits that would be performed for certain bus 
operations. The bill also could result in the collection of 
additional civil penalties because it would increase the 
penalties that FMCSA could impose for violations of certain 
regulations. CBO estimates that enacting the bill would 
increase revenues by $56 million annually, beginning in 2013.
    S. 1950 would not authorize an obligation limitation level 
for the contract authority provided in the legislation. 
However, for this estimate of discretionary spending, CBO 
assumes that the obligation limitation for the affected 
programs would equal the amount of contract authority provided. 
The obligation limitation for 2012, which was enacted in the 
Consolidated and Further Continuing Appropriations Act, 2012 
(Public Law 112-55), was about $11 million less than the amount 
assumed for S. 1950. The bill also would establish a grant 
program within DOT to build infrastructure for the 
transportation of freight goods. Assuming enactment of the 
estimated obligation limitations for 2012 and 2013 and 
appropriation of the amounts estimated to be necessary for the 
grant program, CBO estimates that implementing the bill would 
cost $920 million over the 2012-2017 period.
    S. 1950 contains intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA), on driving schools and entities that employ drivers. 
The bill would impose additional intergovernmental mandates by 
preempting state, local, and tribal laws and regulations. CBO 
estimates that the costs to comply with the intergovernmental 
mandates would fall below the annual threshold for such 
mandates ($73 million in 2012, adjusted annually for 
inflation). The bill also would impose private-sector mandates 
on owners and operators of commercial vehicles (including 
motorcoaches), brokers for motor carriers, coordinators of 
freight shipments, medical examiners, and others. Because of 
uncertainty about the nature and scope of regulations to be 
established under the bill, CBO cannot determine whether the 
aggregate cost of the mandates in the bill would exceed the 
annual threshold established in UMRA for private-sector 
mandates ($146 million in 2012, adjusted annually for 
inflation).
    CBO has not reviewed section 706(a) of the bill for 
intergovernmental or private-sector mandates. Section 4 of UMRA 
excludes from the application of that act any legislative 
provisions that enforce statutory rights that prohibit 
discrimination. CBO has determined that the provisions of 
section 706(a) fall within that exclusion because they involve 
compliance with the Americans with Disabilities Act of 1990.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1950 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

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                                                             By fiscal year, in millions of dollars--
                                                ----------------------------------------------------------------
                                                   2012     2013     2014     2015     2016     2017   2012-2017
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDING

Budget Authoritya..............................       11       13       13       13       13       13        76
Estimated Outlays..............................        0        0        0        0        0        0         0

                                               CHANGES IN REVENUES

Estimated Revenuesb............................        0       56       56       56       56       56       280

                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

FMCSA:
    Estimated Obligation Limitationc...........       11      564        0        0        0        0       575
    Estimated Outlays..........................        5      255      250       18       13        6       547
Freight Grant Program:
    Estimated Authorization Level..............      200      200        0        0        0        0       400
    Estimated Outlays..........................        0       20       88      108       70       50       336
Other Authorized Programs:
    Estimated Authorization Level..............        8        8        7        7        7        0        37
    Estimated Outlays..........................        3        8        8        8        7        3        37
    Total Changes:
        Estimated Budgetary Resources..........      219      772        7        7        7        0     1,012
        Estimated Outlays......................        8      283      346      134       90       59      920
----------------------------------------------------------------------------------------------------------------
Notes: FMCSA = Federal Motor Carrier Safety Administration.
aS. 1950 would provide about $5.6 billion in contract authority over the 2012-2022 period--$127 million more
  than the amount projected in CBO's baseline.
bCBO estimates that enacting S. 1950 would raise $560 million in revenues over the 2012-2022 period.
cEstimated discretionary outlays reflect use of funds under the 2012 and 2013 obligation limitations estimated
  by CBO. (Outlays stemming from additional contract authority shown in the table would be authorized in future
  legislation that cover the period after 2013).

    Basis of Estimate:

Direct spending

    S. 1950 would provide budget authority (in the form of 
contract authority) of $562 million in 2012 and $564 million in 
2013 for programs administered by FMCSA, including grants to 
increase the safety of motor carrier operations. The bill would 
consolidate certain grant programs within FMCSA and expand the 
available uses of that contract authority.
    Additional uses would include providing grants to develop 
certain data systems and establishing a clearinghouse to track 
the results of tests performed on commercial vehicle drivers to 
detect the use of controlled substances or alcohol.
    Under current law, contract authority totaling $276 million 
is available to FMCSA through March 31, 2012. Consistent with 
the rules in the Balanced Budget and Emergency Deficit Control 
Act for constructing its baseline, CBO assumes that funding 
provided for the first six months of 2012 will continue at the 
same rate through the rest of this year (for a total level of 
$551 million in contract authority) and in each subsequent 
year. Because of those baseline construction rules, CBO 
estimates that enacting the bill would add $11 million ($562 
million less $551 million) of contract authority to the 
baseline in 2012 and $13 million ($564 million less $551 
million) annually over the 2013-2022 period. That funding level 
represents an increase of about $127 million above the total 
amounts of contract authority for FMCSA programs currently 
projected in CBO's baseline through 2022.

Spending subject to appropriation

    Spending Subject to the Obligation Limitation. CBO expects 
that the contract authority provided in the bill would be 
controlled by limitations on obligations set in annual 
appropriation acts. The bill does not authorize an obligation 
limitation level, however, CBO's estimate of discretionary 
spending under this legislation assumes that obligation 
limitations equal to the contract authority provided in the 
bill would be provided. (Historically, the Congress has set 
obligation limitation for FMCSA programs at or near the level 
of contract authority). For this estimate, CBO did not project 
additional discretionary authority past fiscal year 2013, the 
end of the authorization period covered by S. 1950. Because the 
2012 obligation limitation has already been enacted, CBO's 
estimate of the cost of this bill for 2012 is the difference 
between that limit ($555 million) and the amount of contract 
authority provided in S. 1950 ($562 million). We estimate that 
the obligation limitation for 2013 would be $564 million. As a 
result, CBO estimates that implementing those provisions of the 
legislation would cost $547 million over the 2012-2017 period.
    Freight Grant Program. Title XII would establish a grant 
program that would be administered by a proposed new Office for 
Freight Planning within DOT. Under current law, freight 
projects are eligible to receive other competitive grants 
administered by DOT. Based on the number of freight projects 
that received grants through that program, CBO estimates that 
the bill would make available $200 million per year for 
projects to improve the infrastructure for freight 
transportation. Assuming appropriation of the amounts estimated 
to be necessary, CBO estimates that enacting this provision 
would cost $336 million over the 2012-2017 period.
    Other Authorized Programs. Title VII would require FMCSA 
and the National Highway Traffic Safety Administration (NHTSA) 
within DOT to establish new safety standards and regulations 
for most interstate buses, complete research projects on the 
safety of buses, and create a new training curriculum for 
operators of interstate buses. Based on information from FMCSA 
and NHTSA, CBO estimates that implementing those provisions 
would cost $37 million over the 2012-2017 period, assuming 
appropriation of the necessary amounts.

Revenues

    CBO estimates that enacting S. 1950 would increase revenues 
by $56 million annually, beginning in 2013. Those revenues 
would come primarily from fees paid to use a proposed drug and 
alcohol clearinghouse and from new fees on bus carriers.
    Fees for Use of the Drug and Alcohol Clearinghouse. Title 
IV would allow FMCSA to charge for the use of a drug and 
alcohol clearinghouse administered by the agency. Potential 
employers of motor carrier operators would be required to check 
the status of drivers in the clearinghouse. Based on 
information from the agency, CBO estimates that FMCSA would 
charge fees totaling about $55 million per year, beginning in 
2013.
    Fees for New Bus Carriers. Title VIII would allow FMCSA to 
charge certain new bus carriers a fee of $1,200 for safety 
audits that must be completed before the company would be 
allowed to operate. Under provisions of the bill, those amounts 
would be deposited in the Highway Trust Fund. Based on 
information from the agency, about 1,000 carriers apply 
annually for operating permits. Thus, CBO estimates that 
enacting the provision would increase revenues by $1 million 
annually, beginning in 2013.
    Other Civil Penalties. Enacting the bill could result in 
the collection of additional civil penalties because it would 
increase the amount that FMCSA could impose for violations of 
certain regulations. However, CBO estimates that such 
collections would likely be small, and the effect on revenues 
would be insignificant.
    Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in revenues that are subject to those 
pay-as-you-go procedures are shown in the following table.

    CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1950, THE COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2011, AS ORDERED REPORTED BY THE SENATE
                                         COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON DECEMBER 14, 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2012    2013    2014    2015    2016    2017    2018    2019    2020    2021    2022   2012-2017  2012-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact............       0     -56     -56     -56     -56     -56     -56     -56     -56     -56     -56       -280       -560
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 1950 
contains intergovernmental and private-sector mandates, as 
defined in UMRA, on driving schools and entities that employ 
drivers. The bill would impose additional intergovernmental 
mandates by preempting state, local, and tribal laws and 
regulations. CBO estimates that the costs to comply with the 
intergovernmental mandates would fall below the annual 
threshold for such mandates ($73 million in 2012, adjusted 
annually for inflation). The bill also would impose private-
sector mandates on owners and operators of commercial vehicles 
(including motorcoaches), brokers for motor carriers, 
coordinators of freight shipments, medical examiners, and 
others. Because of uncertainty about the nature and scope of 
regulations to be established under the bill, CBO cannot 
determine whether the aggregate cost of the mandates in the 
bill would exceed the annual threshold established in UMRA for 
private-sector mandates ($146 million in 2012, adjusted 
annually for inflation).
    CBO has not reviewed section 706(a) of the bill for 
intergovernmental or private-sector mandates. Section 4 of UMRA 
excludes from the application of that act any legislative 
provisions that enforce statutory rights that prohibit 
discrimination. CBO has determined that the provisions of 
section 706(a) fall within that exclusion because they involve 
compliance with the Americans with Disabilities Act of 1990.
    Previous CBO estimate: CBO transmitted a cost estimate for 
S. 453, the Motorcoach Enhanced Safety Act of 2011, as ordered 
reported by the Senate Committee on Commerce, Science, and 
Transportation on May 5, 2011. That bill contained a number of 
provisions contained in title VII of S. 1950. CBO's cost 
estimates of those similar provisions are the same for each 
piece of legislation.
    Estimate prepared by: Federal Costs: Sarah Puro; Impact on 
State, Local, and Tribal Governments: Ryan Miller; Impact on 
the Private Sector: Vi Nguyen.
    Estimate approved by: Theresa Gullo; Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  
  
  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee on Commerce, 
Science, and Transportation provides the following evaluation 
of the regulatory impact of the legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 1950 is intended to improve CMV safety and to reauthorize 
FMCSA. The bill affects FMCSA and other entities already 
subject to FMCSA rules and regulations, and therefore the 
number of persons covered should be consistent with the current 
levels of individuals impacted under the provisions that are 
addressed in the bill.

                            ECONOMIC IMPACT

  The bill would authorize from the Highway Trust Fund (other 
than the Mass Transit Account) $562.2 million in fiscal year 
(FY) 2012 and $563.3 million in FY 2013 in appropriations for 
FMCSA programs. These funding levels are a 1.1 percent year 
over year increase above the FY 2011 authorized level and are 
not expected to have an inflationary impact on the Nation's 
economy.

                                PRIVACY

  This bill would not have any adverse impact on the personal 
privacy of individuals.

                               PAPERWORK

  S. 1950 contains a number of provisions that could result in 
a significant decrease in paperwork requirements for meeting 
and administering motor carrier and motorcoach safety 
regulations. Most notably, the requirement for the Secretary to 
issue regulations that would require all interstate commercial 
vehicles to be equipped with an EOBR device not later than 1 
year after the date of enactment of this Act. DOT has estimated 
that this mandate would result in $1.965 billion in annual 
paperwork reduction, due to drivers no longer having to 
manually complete paper logbooks, which is the current method 
of tracking HOS. The paperwork burden related to HOS compliance 
is second only to the burden of filing Federal taxes each year. 
S. 1950 would also amend requirements for State participation 
in the CDL program by adding a requirement to develop and 
maintain the capacity to receive electronic copies of the 
medical certificates prepared by certified medical examiners 
for each holder of a CDL issued by that State who operates or 
intends to operate in interstate commerce. When enacted, this 
requirement would result in a significant paperwork reduction 
from the current system of paper medical certificates. Beyond 
the significant paperwork reductions that should result from S. 
1950, any additional paperwork burdens from other provisions in 
the Act would be minimal.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title.

  The short title of this bill is the Commercial Motor Vehicle 
Safety Enhancement Act of 2011.

Section 2. Table of contents.

  This section includes the table of contents for the bill.

Section 3. Definition.

  This section would define all references to the ``Secretary'' 
as being to the Secretary of Transportation.

Section 4. References to title 49, United States Code.

  This section would clarify that any reference to a section or 
other provision in the bill is in reference to a section or 
other provision of title 49, United States Code, unless 
otherwise expressly provided.

            TITLE I -- COMMERCIAL MOTOR VEHICLE REGISTRATION

Section 101. Registration of motor carriers.

  This section would make conforming amendments to the general 
registration requirements for CMVs under section 13902 of title 
49, United States Code. This section would also include three 
new requirements as a precondition for being registered: (1) 
successfully completing a written proficiency examination to 
demonstrate knowledge of commercial motor carrier safety 
regulations; (2) submitting a management plan that documents 
how the carrier will comply with CMV safety regulations; and 
(3) disclosing any relationship involving common stock, common 
ownership, common management, or common familial relationship 
between that person and any other motor carrier, freight 
forwarder, or broker, if the relationship occurred in the five-
year period preceding the date of the filing of the application 
for registration. This section would make conforming amendments 
to the general registration requirements for motor vehicles 
under section 13902 of title 49, United States Code.

Section 102. Safety fitness of new operators.

  This section would reduce the length of time from 18 months 
to 12 months of a registrant completing registration for the 
Secretary to conduct safety reviews. This section would also 
require providers of motorcoach services to undergo a pre-
authorization safety audit within 90 days of registering, and 
would require newly registered motorcoach companies to be 
subject to monitoring for 12 months before acquiring permanent 
authority.

Section 103. Reincarnated carriers.

  This section would authorize the Secretary, after notice and 
an opportunity for a proceeding, to withhold, suspend, amend, 
or revoke a motor carrier's registration if the carrier failed 
to disclose an adverse safety history or other facts relevant 
to its past regulatory compliance. This section would provide 
authority to take similar action where the Secretary finds that 
within the previous 5 years the carrier: (1) was closely 
related to another motor carrier with a poor compliance 
history; or (2) is the successor to a carrier who, within the 
five-year period prior to the filing of the application for 
registration, did not comply with safety regulations. This 
section would also make conforming changes.

Section 104. Financial responsibility requirements.

  This section would require the Secretary to complete, not 
later than 180 days after enactment of this Act, a 
comprehensive review of the minimum financial responsibility 
requirements for motor carriers, motorcoaches, freight 
forwarders, and brokers. Within 180 days of the review, the 
Secretary would initiate a rulemaking to increase the minimum 
financial requirements, and would have the option of issuing a 
final rule or, if a final rule is not appropriate, providing a 
written explanation to Congress as to why the Secretary is not 
issuing a final rule. This section would direct the Secretary 
to review the appropriateness of the minimum levels of 
financial responsibility every 2 years after enactment of this 
Act.

Section 105. USDOT number registration requirement.

  This section would require all motor carriers that operate 
CMVs in interstate commerce to apply for a USDOT number before 
beginning operations. This section would authorize the 
Secretary to refuse or revoke a USDOT number to an applicant 
that is unfit, unwilling, or unable to comply with the safety 
regulations; or is a close affiliate or successor to such a 
carrier. This section would require the Secretary to provide 
notice and an opportunity for a proceeding if the Secretary 
proposes to withhold registration for an applicant. This 
provision would also authorize the Secretary to revoke or 
suspend a USDOT number if the motor carrier fails or refuses to 
submit to a new entrant safety audit. This section would 
require employers or motor carriers to update their 
registrations annually, as well as within 30 days of the change 
of certain essential information. This section would make 
conforming changes.

Section 106. Registration fee system.

  This section would authorize FMCSA to increase, by 
regulation, the registration fee currently authorized by 
statute above the current statutory maximum of $300. The 
current maximum of $300 is not sufficient to cover 
administrative costs.

Section 107. Registration update.

  This section would add new provisions to require motor 
carriers, freight forwarders, and brokers to update their 
registrations annually, as well as within 30 days of the change 
of certain essential information. This section would not 
require a rulemaking but would authorize the Secretary to 
determine what periodic registration updates are necessary and 
to publish that determination in the Federal Register or on a 
DOT web site. The Committee is providing this authority to help 
prevent motor carriers from reregistering as a different entity 
in order to avoid civil penalties or out of service orders and 
expects this authority to be exercised in a manner that meets 
this purpose.

Section 108. Increased penalties for operating without registration.

  This section would increase penalties for operating without 
registration to help deter motor carriers seeking to avoid the 
registration requirement. It would raise the minimum penalty 
per day for general reporting and recordkeeping violations from 
$500 to $1,000. This section would change the minimum penalty 
for passenger carriers operating without registration to a 
minimum penalty of $25,000. The same penalty amount would apply 
to foreign carriers. The section would increase the fine for 
operating without registration to $10,000 per violation. The 
section would increase the minimum penalty for transporting 
hazardous wastes without necessary registration to $25,000.

Section 109. Revocation of registration for imminent hazard.

  This section would authorize the Secretary to revoke the 
registration of any motor carrier determined to be an imminent 
hazard.

Section 110. Revocation of registration and other penalties for failure 
        to respond to subpoena.

  This section would increase the civil penalties for motor 
carriers, motor carriers of migrant workers, and private motor 
carriers that disobey a subpoena or requirement of the 
Secretary to produce witnesses or records. It would also 
authorize the Secretary to suspend, amend, or revoke the 
registration of a motor carrier, broker, or freight forwarder 
for failing to obey an administrative subpoena.

Section 111. Fleetwide out of service order for operating without 
        required registration.

  This section would authorize the Secretary to place out of 
service the operations of a motor carrier discovered operating 
vehicles without the required registration, or operating beyond 
the scope of the registration granted.

Section 112. Motor carrier and officer patterns of safety violations.

  This section would authorize the Secretary to withhold, 
suspend, amend, or revoke the registration of a motor carrier, 
employer, or owner or operator if the Secretary determines that 
two or more motor carriers, employers, or owners use common 
ownership, management, and control or a common familial 
relationship to enable them to avoid compliance or mask non-
compliance; or a company had engaged in a pattern or practice 
of avoiding compliance or concealing or masking noncompliance 
within the preceding 60 months.
  This section also would authorize the Secretary to take steps 
against those who exercised controlling influence over the 
operations of the motor carrier, employer, or owner or 
operator. The Secretary would be required to demonstrate that 
an officer of a motor carrier, an employer, or an owner or 
operator engaged in a pattern of violating regulations on CMV 
safety or has assisted a motor carrier, an employer, or an 
owner in avoiding compliance. These sanctions would consist of 
temporary or permanent suspension of any individual 
registration and a temporary bar on association with any 
registered motor carrier.

Section 113. Federal successor standard.

  This section would authorize the Secretary to take 
enforcement and other action against successor companies of 
motor carriers, employers, and owners or operators where the 
Secretary determined that these motor carriers, employers, and 
owners or operators are acting unscrupulously to avoid Federal 
penalties and out of service orders. This section would codify 
a uniform Federal standard of factors and principles that have 
been articulated in judicial and administrative rulings on 
corporate successorship. Those factors and principles include 
consideration paid for assets purchased or transferred; dates 
of corporate creation and dissolution or termination of 
operations; commonality of ownership between the current and 
former company; commonality of officers and management 
personnel and their functions; identity of physical or mailing 
addresses, telephone numbers, fax numbers or e-mail addresses; 
identity of motor vehicle equipment; continuity of liability 
insurance policies; commonality of drivers and other employees; 
continuation of carrier facilities and other physical assets; 
continuity of nature and scope of operations, including 
customers for whom transportation is provided; advertising, 
corporate name, or other acts through which the company holds 
itself out to the public; and history of safety violations and 
pending orders or enforcement actions.

          TITLE II -- ENHANCED COMMERCIAL MOTOR VEHICLE SAFETY

Section 201. Repeal of commercial jurisdiction exception for brokers of 
        motor carriers of passengers.

  This section would provide the Secretary with jurisdiction 
over brokers for motor carriers of passengers.

Section 202. Bus rentals and definition of employer.

  This section would close a loophole in the Secretary's 
jurisdiction over certain small bus operations by broadening 
the definition of ``employer'' to include companies that rent 
or lease vehicles if from the same location or as part of the 
same business, the company provides names or contact 
information of drivers, or holds itself out to the public as a 
charter bus company. This section would not apply to government 
drivers.

Section 203. Crashworthiness standards.

  This section would direct the Secretary to complete not later 
than 18 months after enactment of this Act a comprehensive 
analysis on the need for crashworthiness standards on CMVs with 
a gross vehicle weight rating or gross vehicle weight of at 
least 26,001 pounds. This analysis would include an evaluation 
of the need for roof strength, pillar strength, air bags, and 
frontal and back wall standards for CMVs.

Section 204. Canadian safety rating reciprocity.

  This section would authorize the Secretary to recognize a 
Canadian government-issued out of service order for a Canadian 
motor carrier, owner, or operator operating in the United 
States. This section would also authorize the Secretary to 
enter into future consultations and negotiations with an 
authorized Canadian regulatory agency to establish reciprocal 
recognition of each agency's motor carrier safety fitness 
rating determinations.

Section 205. State reporting of foreign driver convictions.

  This section would require States to report convictions of 
Mexican and Canadian drivers to the Secretary.

Section 206. Authority to disqualify foreign commercial drivers.

  This section would clarify that the Secretary has the 
authority to disqualify a driver licensed to operate a CMV by a 
jurisdiction outside of the United States. This would clarify 
the Secretary's authority to revoke or suspend a foreign 
driver's license for committing a disqualifying offense when 
the licensing jurisdiction fails to take action.

Section 207. Revocation of foreign motor carrier operating authority 
        for failure to pay civil penalties.

  This section would authorize the Secretary to suspend, amend, 
or revoke the operating authority of foreign carriers for 
regulatory noncompliance or failure to pay a civil penalty.

                       TITLE III -- DRIVER SAFETY

Section 301. Electronic on-board recording devices.

  This section would require the Secretary to issue regulations 
that would require all interstate commercial vehicles to be 
equipped with an EOBR device not later than 1 year after the 
date of enactment of this Act. This section would establish 
performance and design standards for EOBRs, including requiring 
that the EOBR be integrally-connected to the vehicle's engine, 
be tamper resistant, and be accessible to law enforcement 
during roadside inspections.

Section 302. Safety fitness.

  This section would require the Secretary to incorporate into 
the CSA program a safety fitness rating methodology that 
assigns sufficient weight to adverse vehicle and driver 
performance based-data that elevate crash risks to warrant an 
unsatisfactory rating for a carrier and ensures that the data 
to support such assessments is accurate. This section would 
also direct the Secretary, not later than March 31, 2011, to 
take interim measures to implement a similar safety fitness 
rating methodology in its current safety rating system if the 
CSA program is not fully implemented.

Section 303. Driver medical qualifications.

  This section would direct the Secretary to establish the 
national registry of medical examiners not later than 1 year 
after the date of enactment of this Act. It would also provide 
additional qualifications for a medical examiner to be listed 
on the national registry of medical examiners. This section 
would also provide for new oversight policies for the 
submission of physical examinations and medical certificates 
and the processing of the submissions by State licensing 
agencies. This section would amend the requirements for State 
participation in the CDL program by adding a requirement to 
develop and maintain the capacity to receive electronic copies 
of the medical certificates prepared by certified medical 
examiners for each holder of a CDL issued by that State who 
operates or intends to operate in interstate commerce. This 
section would make available up to $1,000,000 in each of FY 
2012 and FY 2013 from the funds provided in the Data and 
Technology grants to help the States pay for the information 
technology improvements needed to receive medical examiners' 
reports. The Committee expects the Secretary will be aggressive 
in implementing the medical requirements of this section.

Section 304. Commercial driver's license notification system.

  This section would require motor carriers to inquire annually 
to ascertain the driving status of each driver it employs, and 
receive occurrence-based reports of changes in the status of a 
driver's record. This section would also direct the Secretary 
to issue minimum standards for driver notification systems, 
including standards for accuracy, consistency, and completeness 
of the information provided. This section would direct the 
Secretary to complete, within 2 years after enactment of this 
Act, recommendations and a plan for the development and 
implementation of a national driver notification system, and 
submit those recommendations and plan to the Committee on 
Commerce, Science, and Transportation of the Senate, and the 
Transportation and Infrastructure Committee of the House of 
Representatives.

Section 305. Commercial motor vehicle operator training.

  This section would require the Secretary to issue regulations 
to establish minimum entry-level training requirements for all 
CMV operators within 6 months of enactment of this Act. This 
section would require training programs address knowledge and 
skills for motor vehicle operation, provide specific 
requirements for hazardous materials endorsements, provide 
effective instruction, create a certificate system for meeting 
requirements, and require training providers to demonstrate 
that their training meets Federal standards. This section would 
establish national uniform standards for CDLs and require 
individuals to pass written and driving tests and present 
certification of driver training.

Section 306. Commercial driver's license program.

  The section would require each State to submit a plan to the 
Secretary specifying a date by which all States shall operate 
CDL information systems that are compatible with the modernized 
information system and able to receive and submit conviction 
and disqualification data. This section would also mandate that 
each State implement, not later than 1 year after enactment of 
the Act, a system and practices for the exclusive electronic 
exchange of driver history record information, including 
postings, convictions, withdrawals, and disqualifications. This 
section would require the Secretary to issue guidance to assist 
States in complying with requirements that are critical to an 
effective State CDL program, and require each State to submit a 
plan of action to comply with the critical requirements by 
2015.

Section 307. Commercial driver's license requirements.

  This section would prohibit States from issuing CDLs to 
individuals who would immediately be disqualified from 
operating a CMV upon the issuance of the license. This section 
would clarify that an individual may be subject to 
disqualification by removing the requirement that the driver 
hold a CDL at the time a disqualifying offense is committed.

Section 308. Commercial motor vehicle driver information systems.

  This section would condition the award of grant money upon a 
State's agreement to provide the Secretary electronic access to 
all State licensing status and driver history records.

Section 309. Disqualifications based on non-commercial motor vehicle 
        operations.

  This section would require the Secretary to disqualify an 
individual from operating a CMV if the individual is discovered 
operating a CMV after the individual's CDL has been revoked, 
suspended, or canceled. In addition, this section would require 
the Secretary to disqualify an individual if the individual is 
discovered operating a CMV after being disqualified based upon 
an offense committed while the individual was operating a non-
CMV.

Section 310. Federal driver disqualifications.

  This section would define the term ``disqualification'' as it 
relates to CDL enforcement, by connecting it to State or 
Federal determinations of fitness to drive. In addition, this 
section would require all disqualifications by a State to be 
reported to Federal authorities, and qualify the instances when 
States must impose disqualifications.

Section 311. Employer Responsibilities.

  This section would make a motor carrier liable if the carrier 
allows an employee to operate a CMV when the employee has a CDL 
that is suspended, revoked, or canceled, or if the employee has 
more than one driver's license.

                   TITLE IV -- SAFE ROADS ACT OF 2011

Section 401. Short title.

  The short title for this title is the Safe Roads Act of 2011.

Section 402. National clearinghouse for controlled substance and 
        alcohol test results of CMV operators.

  This section would direct the Secretary to establish a 
national repository for records relating to alcohol and 
controlled substances testing of CMV operations. This section 
would allow a qualified and experienced private operator to 
operate and maintain the clearinghouse.
  This section would clarify that clearinghouse records only be 
used to determine the qualifications of an individual for 
operating a CMV. The section would establish safeguards to 
protect the privacy of individuals to whom the information 
pertains and ensure that the information is not divulged to 
anyone not directly involved in evaluating the individual's 
qualifications to drive a CMV.
  This section would provide that the Secretary may prohibit an 
employer from hiring a driver unless the Secretary has 
determined that during the preceding 3 years the driver did not 
test positive in violation of the regulations under title 49 of 
the Code of Federal Regulations, and did not refuse a test 
under those regulations. If a driver did test positive in 
violation of the regulations, an employer would only be able to 
hire the driver if the driver completed the return-to-duty 
process as required by those regulations.
  This section would grant preemption authority to the 
Secretary in regard to the reporting of valid positive results 
or refusals to take alcohol screening and drug tests. This 
section would apply civil penalties to any violators of 
privacy. In addition, those who do not meet reporting 
requirements are subject to civil and criminal penalties.

Section 403. Drug and alcohol violation sanctions.

  This section would allow the Secretary to require that States 
revoke, suspend, or cancel the license of an operator who has 
been found to have used alcohol or a controlled substance. In 
addition, the Secretary may permanently disqualify an 
individual from operating a commercial vehicle if an individual 
has used the vehicle to commit felonies or has used alcohol or 
a controlled substance three or more times.

Section 404. Authorization of appropriations.

  This section would authorize up to $5,000,000 to establish 
and implement the clearinghouse.

                         TITLE V -- ENFORCEMENT

Section 501. Inspection demand and display of credentials.

  This section would clarify the Secretary's authority to make 
a demand in writing to inspect a motor carrier or broker's 
land, buildings, equipment, and records. This would authorize 
representatives and contractors of FMCSA to display credentials 
and issue demands for records remotely, without requiring 
travel to the motor carrier's business location or otherwise 
meeting the motor carrier in person.
  This section would authorize the Secretary to adopt, by 
rulemaking, measures to place out of service, on a fleetwide 
basis, CMVs of foreign-domiciled motor carriers that fail or 
refuse to allow promptly the Secretary to inspect and copy any 
record or inspect and examine equipment, lands, buildings, and 
other property.
  This section would clarify that the civil penalty for failing 
to allow promptly, upon demand, inspection and copying by the 
Secretary applies regardless of whether the demand is made in 
person or in writing.

Section 502. Out of service penalty for denial of access to records.

  This section would allow the Secretary to place a motor 
carrier out of service for failure to provide access to the 
motor carrier's records in a timely manner.

Section 503. Penalties for violation of operation out of service 
        orders.

  This section would increase the maximum penalty against a 
motor carrier for the serious safety violation of continuing to 
operate following a determination of unfitness to $25,000, and 
apply the fine to both individuals and motor carriers. This 
section would raise from $16,000 to $25,000 the penalty for 
violation of both hazardous materials and non-hazardous 
materials imminent hazard out of service orders.

Section 504. Minimum prohibition on operation for unfit carriers.

  This section would prohibit carriers from operating for at 
least 10 days if the Secretary determines that a carrier failed 
to meet the safety fitness standard.

Section 505. Minimum out of service penalties.

  This section would authorize the Secretary to establish by 
regulation minimum out of service periods as penalties. Such 
out of service penalties may not exceed 90 days in duration.

Section 506. Impoundment and immobilization of CMVs for imminent 
        hazard.

  This section would authorize the Secretary and certain State 
grantee officials to enforce imminent hazard out of service 
orders by taking temporary possession and control of a CMV 
subject to such order through towing and impounding. The 
Secretary or authorized State official may also place a 
``boot'' or other locking device on the vehicle.
  This section would require that an affected carrier be given 
the opportunity to access the cargo and to make alternative 
arrangements for its transportation. This section would require 
the Secretary to promulgate regulations on the use of 
impoundment as a way of enforcing additional out of service 
orders. This section would also define ``impounding.''

Section 507. Increased penalties for evasion of regulations.

  This section would increase penalties for intentional evasion 
of FMCSA safety and commercial regulations. This section would 
expand the scope of the penalty to apply to evasion of the 
Hazardous Materials Regulation and statutes.

Section 508. Failure to pay civil penalty as a disqualifying offense.

  This section would authorize the Secretary to disqualify an 
individual, after that individual has been notified in writing 
and given an opportunity to respond, from operating a CMV when 
that individual has not paid a civil penalty previously 
assessed by the Secretary. This section would also impose a 
similar disqualification for drivers of vehicles between 10,001 
and 26,000 pounds who do not hold CDLs.

Section 509. Violations relating to CMV safety regulation and 
        operators.

  This section would instruct the Secretary to issue monetary 
fines without regard to the motor carrier's ability to pay.

Section 510. Emergency disqualification for imminent hazard.

  This section would provide the Secretary with the authority 
to disqualify any driver whose continued operation of a CMV 
substantially increases the likelihood of death, serious injury 
or illness, or a substantial endangerment to health, property, 
or the environment.

Section 511. Intrastate operations of interstate motor carriers.

  This section would clarify that a vehicle, a driver, or an 
employer prohibited from operating in interstate commerce 
because the vehicle, driver, or employer poses an imminent 
hazard to safety is also prohibited from operating a CMV in 
intrastate commerce. This section would also clarify that an 
owner or operator prohibited from operating in interstate 
commerce because of a failure to pay a civil penalty is also 
prohibited from operating a CMV in intrastate commerce.

Section 512. Enforcement of safety laws and regulations.

  This section would clarify the Secretary's authority to bring 
civil actions to enforce the laws and regulations on safe 
operation of CMVs in interstate commerce, without geographical 
limitations.

Section 513. Disclosure to State and local law enforcement agencies.

  This section would permit the disclosure of information from 
the Secretary to appropriate personnel of a State agency 
authorized to carry out commercial vehicle inspections.

             TITLE VI -- COMPLIANCE, SAFETY, ACCOUNTABILITY

Section 601. Comprehensive, Safety, Accountability.

  This section would amend section 31102 of title 49, United 
States Code, to establish the CSA program, which would be an 
umbrella grant program consisting of current CMV safety 
enforcement. This umbrella grant program would preserve the 
fundamentals of the Motor Carrier Safety Assistance Program 
(MCSAP), the New Entrant Grant Program, and the Border 
Enforcement grant program. The section would also authorize the 
Secretary to use High Priority grants to assist States, local 
agencies, and other entities to improve household goods 
enforcement activities; assist local governments' enforcement 
of requirements related to CMV and passenger vehicle safety; 
and improve hazardous materials safety and security for CMV 
transportation. The High Priority grant program would also be 
modified to provide financial assistance for the safety data 
improvement program.
  This section would amend MCSAP to allow each State to inspect 
vehicles transporting passengers at a location that has 
adequate food, shelter, and sanitation facilities for 
passengers during the inspection and subsequent required 
repairs. The current statutory exemption of motorcoaches from 
routine en route inspections reduces opportunities to discover 
safety violations, and the Committee is concerned that this 
exemption has prevented appropriate safety oversight over 
certain curbside and unscheduled carriers that have fewer 
locations where unscheduled inspections can be conducted 
compared with motorcoach carriers that use terminals. The 
Committee understands that a carrier's safety performance 
cannot be assessed without inspections and that adequate 
inspection data is critical for the CSA program to properly 
evaluate a carrier's safety performance. The Committee expects 
this authority to be wielded in a manner that respects the 
business needs of the carrier while providing an opportunity to 
collect inspection data where appropriate.
  This section would also amend the requirement that States 
maintain expenditures for CMV enforcement programs at a level 
at least equal to the average level of that expenditure for FY 
2004 and FY 2005. This section would also authorize the 
Secretary to waive the maintenance of effort requirements for a 
fiscal year due to exceptional or uncontrollable circumstances, 
such as a major natural disaster or a significant shortfall in 
the budgetary resources of the State MCSAP agency.
  This section would retain the 100 percent Federal share for 
the New Entrant Grant Program but would reduce the Federal 
share for the Border Enforcement grant program from the current 
100 percent to at least 80 percent. The remaining CSA grant 
programs would require the Secretary to reimburse the States 
for at least 80 percent of the costs incurred for the programs.

Section 602. Performance and registration information systems 
        management program.

  This section would require the Secretary to establish and 
implement a process to cancel the motor vehicle registration 
and seize the registration plates of a company found to have 
knowingly allowed an employee to operate a vehicle in violation 
of an out of service notice. The Secretary would also be 
required to establish a process to reinstate plates after 
seizure.

Section 603. Commercial motor vehicle defined.

  This section would amend the definition of ``commercial motor 
vehicle'' in section 31101(1) of title 49, United States Code, 
for consistency purposes. The definition would be revised to 
include all vehicles subject to the Secretary's safety 
jurisdiction. The current definition excludes a large number of 
passenger carriers otherwise subject to the Secretary's safety 
and commercial jurisdiction. The revised definition would be 
substantially the same as the definition in section 31132(1) of 
title 49, United States Code.

Section 604. Driver safety fitness ratings.

  This section would require the Secretary to determine the 
safety fitness of CMV drivers, based upon an assigned rating, 
and to prohibit unfit drivers from operating in interstate 
commerce. This section would require that the procedure to 
determine the safety fitness of a CMV driver use specific 
requirements, methodology, and time frames for evaluation. 
Finally, this section would require the Secretary to develop 
probationary periods for drivers, a review period of a driver's 
compliance, and criteria for reinstatement for drivers.

Section 605. Uniform electronic clearance for CMV inspections.

  This section would authorize the Secretary to withhold a 
portion of a State's MCSAP funds for using an electronic CMV 
inspection selection system that does not employ the Inspection 
Selection System that is in effect on the date of enactment of 
this Act. The section would permit the Secretary to award 
withheld grant funds if a State subsequently comes into 
substantial compliance with the electronic CMV inspection 
selection system methodology requirement.

Section 606. Authorization of appropriations.

  This section would authorize funding for three umbrella grant 
programs: the CSA grant program, the safety data and technology 
grant program, and the driver safety grant program. This 
section would authorize $249,717,000 for FY 2012 for the CSA 
grant programs, with $168,388,000 of that amount allocated for 
MCSAP, and $253,814,000 authorized for CSA grants in FY 2013, 
with $171,813,000 of that amount allocated for MCSAP. The 
Secretary would develop criteria to allocate the remaining 
amounts among the remaining three grant programs under the CSA 
grant program. This section would also authorize $30 million 
for the Data and Technology grant program (authorized under 
section 608 of the bill) for both FY 2012 and FY 2013. This 
section would authorize $31 million for the Driver Safety grant 
program (authorized under section 609 of the bill) for both FY 
2012 and FY 2013.
  This section would increase the time available for obligation 
of the safety data and technology grants from 1 year to 3 
years. It would increase the time available for obligation for 
driver safety grant program from 1 year to 2 years.

Section 607. High risk carrier reviews.

  This section would update and codify a SAFETEA-LU provision 
requiring the Secretary to review motor carriers that are among 
the highest risk carriers for 2 consecutive months.

Section 608. Data and technology grants.

  This section would establish the Data and Technology grant 
program, which would consolidate the Performance Registration 
and Information System Management (PRISM) grant program and the 
Commercial Vehicle Information Systems and Networks (CVISN) 
grant program. This section would also authorize the Secretary 
to provide financial assistance to a State for innovative 
technologies that improve CMV safety. The Federal share for 
this program would be at least 80 percent. The section would 
eliminate the statutory caps on amounts to be awarded States 
for activities under the CVISN grant program. It also would 
raise the Federal share from 50 percent to 80 percent.

Section 609. Driver safety grants.

  This section would consolidate into a new Driver Safety grant 
program the following grant programs: the Commercial Driver's 
License Program Improvement (CDLPI) grant program; High 
Priority Activities grants; and the CMV Safety Operator grant 
program. It also would expand the program goals to permit the 
Secretary to award financial assistance to the States for an 
electronic notification system and CDL coordinators. This 
section would permit the Secretary to award financial 
assistance for electronic notification systems that would 
notify employers of a CMV operator in the event of a suspension 
or revocation of the operator's CDL.

Section 610. Commercial vehicle information systems and networks.

  This section would direct the Secretary to submit a report 
not later than 6 months after the enactment of this Act to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives that would establish time 
frames and milestones for resuming the CVISN program and a 
strategic workforce plan to improve grant management.

          TITLE VII -- MOTORCOACH ENHANCED SAFETY ACT OF 2011

Section 701. Short title.

  This section would establish that the name of this title is 
the Motorcoach Enhanced Safety Act of 2011.

Section 702. Definitions.

  This section includes definitions for this title.

Section 703. Regulations for improved occupant protection, passenger 
        evacuation, and crash avoidance.

  This section would require that the Secretary, not later than 
1 year after enactment, prescribe regulations requiring the 
installation of safety belts in motorcoaches at each designated 
seating position.
  This section would also require the Secretary to prescribe 
regulations within 2 years requiring the following: improved 
roof standards for motorcoaches that improve the resistance of 
motorcoach roofs to deformation and intrusion; advanced glazing 
to be installed in each motorcoach portal to prevent ejection 
of passengers; and the equipage of motorcoaches with stability 
enhancing technology to reduce the number and frequency of 
rollover crashes among motorcoaches.
  The section would require the Secretary to prescribe 
regulations within 3 years requiring motorcoaches to be 
equipped with direct tire pressure monitoring systems that warn 
the operator of a CMV when any tire exhibits a level of air 
pressure that is below a specified level of air pressure 
established by the Secretary.
  Regulations prescribed under this section would apply to all 
motorcoaches manufactured more than 2 years after the date on 
which the regulation is published as a final rule. The section 
would allow the Secretary to require the retrofitting of 
existing motorcoaches based on an assessment of the 
feasibility, benefits, and costs of applying a regulation to 
them.

Section 704. Standards for improved fire safety.

  This section would require the Secretary, not later than 18 
months after enactment, to initiate rulemaking proceedings on: 
establishing requirements for fire hardening or fire resistance 
of motorcoach exterior components to prevent fire and smoke 
inhalation injuries to occupants; reviewing of Federal motor 
vehicle safety standards relating to flammability of interior 
materials; requiring technologies to prevent and mitigate the 
propagation of wheel well fires and reduce occupant deaths and 
injuries from such fires; requiring motorcoaches to be equipped 
with highly effective fire suppression systems that 
automatically respond to and suppress fires in motorcoaches; 
requiring motorcoaches to be equipped with improved energy 
evacuation designs and emergency interior lighting systems; and 
examining the principle causes of motorcoach fires and vehicle 
design changes intended to reduce the number of motorcoach 
fires resulting from those principle causes.
  Not later than 42 months after enactment of this Act, the 
Secretary would be required to issue final rules in the above 
rulemakings, or report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives as to why such new 
standards are not warranted.
  Not later than 3 years after enactment, the Secretary would 
be required to issue a final rule to upgrade performance 
standards, or report to the appropriate congressional 
Committees as to why such standards are not warranted.

Section 705. Occupant protection, collision avoidance, fire causation, 
        and fire extinguisher research and testing.

  This section would require the Secretary, not later than 2 
years after enactment, to complete research on: the need to 
install improved fire extinguishers or other readily available 
firefighting equipment in motorcoaches; enhanced 
compartmentalization safety countermeasures for motorcoaches, 
including enhanced seating designs, to reduce the risk of 
passengers being thrown from seats; enhanced occupant impact 
protection standards; and forward and lateral crash warning 
systems applications for motorcoaches.
  Within 2 years of the completion of each research initiative, 
the Secretary would be required to issue a standard or 
regulation based on the results of that research if the 
Secretary determines that such a standards is warranted.

Section 706. Motorcoach registration.

  This section would amend the motorcoach registration 
requirements under section 13902 of title 49, United States 
Code, to allow the Secretary to only register a motorcoach 
operator after that operator undergoes a pre-authorization 
safety audit that includes verification of: a drug and alcohol 
program; the operator's system of compliance with HOS rules; 
the ability to obtain required insurance; the driver 
qualifications, including the validity of each driver's CDL; 
the disclosure of common ownership or other relationship with 
another motor carrier or applicant over the past 5 years; the 
records of State inspections or Commercial Vehicle Safety 
Alliance Inspections for all vehicles; the safety management 
programs, including vehicle maintenance and repair programs; 
and the ability to comply with the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.) and the Over-The-Road Bus 
Transportation Accessibility Act of 2007 (122 Stat. 2915). The 
pre-authorization safety audit would be required to be 
completed on-site not later than 90 days following the 
submission of an application for operating authority. This 
section would also require the applicant to complete an 
interview to review safety management controls and demonstrate 
proficiency in Federal safety rules and regulations through the 
successful completion of a written examination developed by the 
Secretary. The section contains a provision that would require 
the Secretary to perform a safety audit of a motorcoach 
operator within 9 months of when the operator begins 
operations.

Section 707. Improved oversight of motorcoach service providers.

  This section would require that the Secretary, not later than 
3 years after enactment, determine the safety fitness of each 
provider of motorcoach services registered with FMCSA and 
assign a safety fitness rating to each such provider. The 
Secretary would be required to reassess each such rating less 
frequently than every 3 years.
  The section would require the Secretary, not later than 1 
year after enactment, to revise the safety fitness audit system 
of DOT to prevent motor carriers from operating if they put 
vehicles with mechanical problems on the road or unqualified 
drivers behind the wheels, as recommended by the NTSB 
recommendation H-99-6.

Section 708. Report on feasibility, benefits, and costs of establishing 
        a system of certification of training programs.

  This section would require the Secretary to submit a report 
describing the feasibility, benefits, and costs of establishing 
a system of certification of public and private schools and of 
motor carriers and motorcoach operators that provide motorcoach 
driver training.

Section 709. Report on driver's license requirements for 9- to 15-
        passenger vans.

  Not later than 18 months after enactment, the Secretary would 
be required to submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Energy and Commerce of the House of Representatives that 
examines requiring a driver of a 9-15 passenger van operating 
in interstate commerce to have a CDL passenger-carrying 
endorsement and be tested in accordance with a drug and alcohol 
testing program under part 40 of title 49, Code of Federal 
Regulations.

Section 710. Event data recorders.

  This section would require the Secretary to complete an 
evaluation of event data recorders to be used on motorcoaches. 
The bill would require the Secretary to issue standards and 
regulations not later than 2 years after finishing the 
evaluation.

Section 711. Safety inspection program for CMVs of passengers.

  This section would require the Secretary, not later than 3 
years after enactment, to complete a rulemaking proceeding to 
consider requiring States to conduct annual inspections of CMVs 
designed or used to transport passengers.

Section 712. Distracted driving.

  This section would require the Secretary, not later than 1 
year after enactment of this Act, to prescribe regulations that 
would prohibit the use of electronic or wireless devices by 
motorcoach operators in circumstances in which the Secretary 
determines that the use of such devices interferes with a 
driver's safe operation of a motorcoach. Use of such devices 
would be permitted if the Secretary determines that such use is 
necessary for safety reasons.

Section 713. Regulations.

  This section would state that any standard or regulation 
prescribed in this section shall be prescribed according to the 
rulemaking process established in section 553 of title 5, 
United States Code.

      TITLE VIII -- SAFE HIGHWAYS AND INFRASTRUCTURE PRESERVATION

Section 801. Comprehensive truck size and weight limits study.

  This section would require the Secretary to commence a 
comprehensive study on truck size and weight limit not later 
than 90 days after enactment. The final report would be due not 
later than 2 years after the report commencing. The report 
would examine the safety performance and infrastructure impacts 
of allowing trucks that exceed the Federal truck size and 
weight limits to operate on the National Highway System

Section 802. Compilation of existing State truck size and weight laws.

  This section would require the Secretary to compile a list of 
laws and decisions by a State to allow a segment of the 
National Highway System to accommodate trucks that operate in 
excess of the Federal truck size and weight limits.

                       TITLE IX -- MISCELLANEOUS

Section 901. Detention time study.

  This section would direct the Secretary, not later than 30 
days after the date of enactment of this Act, to task the Motor 
Carrier Safety Advisory Committee (MCSAC) to study the extent 
to which detention time contributes to drivers violating HOS 
requirements and driver fatigue. This section would direct 
MCSAC to examine data collected from driver and vehicle 
inspections, and consult with CMV companies and drivers, 
shippers, and representatives of ports and other facilities 
where goods are loaded and unloaded, government officials, and 
other appropriate parties in conducting the study, and provide 
recommendations to the Secretary for addressing issues 
identified in the study. This section would direct the 
Secretary to provide a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives on the results of the study and any 
recommendations to address these results.

Section 902. Prohibition of coercion.

  This section would prohibit motor carriers, shippers, 
receivers, and transportation intermediaries from coercing a 
driver to violate FMCSA safety regulations.

Section 903. Motor carrier safety advisory committee.

  This section would specifically provide for the appointment 
of one or more individuals who represent a nonprofit employee 
labor group on MCSAC. In addition, the section would extend the 
duration of MCSAC until September 30, 2013.

Section 904. Waivers, exemptions, and pilot programs.

  This section would correct an anomaly in FMCSA's authority to 
grant exceptions during emergencies by removing the requirement 
that the Secretary first provide notice and seek comment before 
granting an emergency waiver. This section would authorize the 
Secretary to publish medical exemption notices for a CMV 
operator on FMCSA's MedEx web site. This section would also 
require the Secretary to notify a State compliance and 
enforcement agency of a new exemption. This section would 
require the Secretary to ensure that FMCSA's homepage includes 
a clear and easily accessible link to the web site established 
to implement the requirements under this section.

Section 905. Transportation of horses.

  This section would prohibit the transportation of horses in 
interstate commerce in a motor vehicle containing two or more 
levels stacked on top of one another. This section would also 
establish a civil penalty for any person that knowingly 
violates this section of at least $100 but not more than $500 
for each violation.

               TITLE X -- HOUSEHOLD GOODS TRANSPORTATION

Section 1001. Additional registration requirements for household goods 
        motor carriers.

  This section would require an applicant seeking to register 
as a household goods motor carrier to successfully pass an 
examination established by the Secretary to demonstrate 
knowledge and intent to comply with all applicable Federal laws 
relating to consumer protection. In addition, this section 
would require the Secretary to conduct a consumer protection 
standards review within the first 18 months after a household 
goods motor carrier begins operation. This registration 
requirement is in addition to the requirements under section 
101 of this Act.

Section 1002. Failure to give up possession of household goods.

  This section would allow the Secretary to assign all or a 
portion of the penalties it receives to an aggrieved shipper. 
This section would provide the Secretary with explicit 
statutory authority to order the return of goods held hostage. 
Such an order would be enforceable in Federal court.

Section 1003. Settlement authority.

  This section would authorize the Secretary to structure 
settlements of civil penalties by accepting lesser amounts of 
money, suspension of penalties, payment of penalties over time, 
or investment in training or other activities or equipment to 
improve regulatory compliance.

Section 1004. Household goods transportation assistance program.

  This section would direct the Secretary to develop and 
implement a joint program between DOT and the household goods 
motor carrier industry to assist consumers in need of 
assistance with an interstate household goods hostage 
situation. This section would require the Secretary to issue an 
annual report on the joint program.

Section 1005. Household goods consumer education program.

  This section would direct the Secretary to establish a task 
force to develop recommendations so that consumers are informed 
of Federal laws concerning household goods transportation by 
motor carrier, including recommendations to condense FMCSA's 
publication, ``Your Rights and Responsibilities When You Move'' 
into a format that is more easily accessible for consumers and 
on using other educational tools to inform the public of its 
rights in dealing with household goods motor carriers.

                    TITLE XI -- TECHNICAL AMENDMENTS

Section 1101. Update of obsolete text.

  This section would amend various provisions in chapters 311 
and 313 of title 49, United States Code, and one provision in 
SAFETEA-LU by deleting obsolete directions for the Secretary to 
promulgate regulations by specifically designated dates or 
within specified time frames. These requirements to promulgate 
regulations or standards by specified deadlines have each been 
satisfied.

Section 1102. Correction of interstate commerce commission references.

  This section would amend provisions of title 49, United 
States Code that currently refer to the former Interstate 
Commerce Commission and revise these provisions to refer to the 
successor Surface Transportation Board. This section would also 
update the statute to reflect DOT's licensing responsibilities. 
This section would also correct two cross-references.

Section 1103. Technical and conforming amendments.

  This section would amend sections 14504a, 24305, 31103, and 
31309 of title 49, United States Code to correct grammatical 
errors and statutory cross references.

   TITLE XII -- SURFACE TRANSPORTATION AND FREIGHT POLICY ACT OF 2011

Sec. 1201. Short title.

  This section would establish the name of this title as the 
Surface Transportation and Freight Policy Act of 2011.

Section 1202. Establishment of a national surface transportation and 
        freight policy.

  This section would establish a comprehensive national surface 
transportation system policy that it is the policy of the 
United States to develop a comprehensive national surface 
transportation system that advances the national interest and 
defense, interstate and foreign commerce, the efficient and 
safe interstate mobility of people and goods, and the 
protection of the environment. The Secretary would be 
responsible for carrying out this policy. This section would 
state the objectives and goals of this policy.
  This section would establish a national freight 
transportation policy to improve the efficiency, operation, and 
security of the national transportation system to move freight 
by leveraging investments and promoting partnerships that 
advance interstate and foreign commerce; promote economic 
competitiveness and job creation; improve the safe and 
efficient mobility of goods; and protect the public health and 
the environment. This section would establish objectives and 
goals of the freight policy.

Section 1203. Surface transportation and freight strategic plan.

  This section also would direct the Secretary to implement a 
long-term National Surface Transportation and Freight 
Performance Plan that would be developed by the Secretary to 
achieve the policy, objectives, and goals of the surface 
transportation and freight policies, and would include certain 
evaluations to be included in the Plan.

Section 1204. Transportation investment data and planning tools.

  This section would direct the Secretary, not later than 2 
years after the date of enactment of this Act, to develop tools 
to support an outcome-oriented, performance-based approach to 
evaluate proposed freight-related and other transportation 
projects. This section would direct the Secretary to facilitate 
the collection of transportation-related data to support a 
broad range of evaluation methods and techniques to assist in 
transportation investment decisions.
  This section would direct the Secretary to establish a pilot 
program to assist in the development of tools to support an 
outcome-oriented, performance-based approach to evaluate 
proposed freight-related and other transportation projects. 
This section would also direct the Secretary to conduct case 
studies to provide more detailed, in-depth analysis and data 
collection with respect to transportation programs; and to 
apply rigorous methods of measuring and addressing the 
effectiveness of program participants in achieving national 
transportation goals.

Section 1205. National freight infrastructure investment grants.

  This section would establish a competitive grant program to 
provide financial assistance for capital investments in freight 
transportation infrastructure to States, political subdivisions 
of States, government-sponsored authorities and corporations, 
metropolitan planning organizations, and the District of 
Columbia. This section would specify the types of projects 
eligible for funding.
  This section would provide competitive project selection 
criteria for the Secretary in determining who to award a grant 
under this section and give priority to projects that are able 
to demonstrate the highest system performance improvement 
relative to their benefit-cost analysis. The Federal share of a 
grant made under this section would not exceed 80 percent of 
the project's cost. The Secretary would be authorized to issue 
a letter of intent to an applicant for an eligible project and 
provide grant criteria to be able to receive a grant under this 
section.

Section 1206. Port infrastructure development initiative.

  This section would permit a State to transfer funds 
appropriated or made available from title 23 or chapter 53 of 
title 49, United States Code to the Port Infrastructure 
Development Fund.

Section 1207. Office of Freight Planning and Development.

  This section would create the Office of Freight Planning and 
Development in the Office of the Secretary, along with an 
Assistant Secretary of Freight Planning and Development to head 
it. The Office of Freight Planning and Development would 
support DOT's work on the National Freight Strategic Plan and 
help coordinate Federal funding to assist with the movement of 
freight.

Section 1208. Safety for motorized and nonmotorized users.

  This section would require the Secretary to develop standards 
to ensure that the design of Federal transportation projects 
provides for adequate consideration of all users of the 
transportation network, including motorized and nonmotorized 
users. These standards would be due 2 years after enactment. 
This section would require each State's department of 
transportation to conform to Federal standards.

                      Rollcall Votes in Committee

  Senator Hutchison offered an amendment, to the amendment (in 
the nature of a substitute) offered by Senator Lautenberg, to 
strike title XII regarding the Surface Transportation and 
Freight Policy Act of 2011. By rollcall vote of 11 yeas and 13 
nays as follows, the amendment was defeated:
        YEAS--11                      NAYS--13
Mrs. Hutchison                      Mr. Inouye\1\
Ms. Snowe                           Mr. Kerry\1\
Mr. DeMint                          Mrs. Boxer
Mr. Thune                           Mr. Bill Nelson (FL)
Mr. Wicker                          Ms. Cantwell
Mr. Isakson                         Mr. Lautenberg
Mr. Blunt\1\                        Mr. Pryor
Mr. Boozman\1\                      Mrs. McCaskill
Mr. Toomey\1\                       Ms. Klobuchar
Mr. Rubio                           Mr. Udall (NM)
Ms. Ayotte                          Mr. Warner\1\
                                    Mr. Begich\1\
                                    Mr. Rockefeller

    \1\By proxy

  Senator DeMint offered an amendment, to the amendment (in the 
nature of a substitute) offered by Senator Lautenberg, to 
reduce the amounts authorized to be appropriated for the 
Federal Motor Carrier Safety Administration to the funding 
levels authorized for fiscal year 2008. By recorded vote of 11 
yeas and 13 nays as follows, the amendment was defeated:
        YEAS--11                      NAYS--13
Mrs. Hutchison                      Mr. Inouye\1\
Ms. Snowe                           Mr. Kerry\1\
Mr. DeMint                          Mrs. Boxer
Mr. Thune                           Mr. Bill Nelson (FL)
Mr. Wicker                          Ms. Cantwell
Mr. Isakson\1\                      Mr. Lautenberg
Mr. Blunt                           Mr. Pryor
Mr. Boozman                         Mrs. McCaskill
Mr. Toomey\1\                       Ms. Klobuchar
Mr. Rubio                           Mr. Udall (NM)
Ms. Ayotte                          Mr. Warner\1\
                                    Mr. Begich\1\
                                    Mr. Rockefeller

    \1\By proxy

  Senator Lautenberg offered an amendment (in the nature of a 
substitute) to insert title XII to improve the efficiency, 
operation, and security of the national transportation system 
to move freight by leveraging investments and promoting 
partnerships that advance interstate and foreign commerce, and 
for other purposes. By rollcall vote of 13 yeas and 11 nays, 
the amendment was adopted:
        YEAS--13                      NAYS--11
Mr. Inouye\1\                       Mrs. Hutchison
Mr. Kerry\1\                        Ms. Snowe
Mrs. Boxer                          Mr. DeMint
Mr. Bill Nelson (FL)                Mr. Thune
Ms. Cantwell                        Mr. Wicker
Mr. Lautenberg                      Mr. Isakson
Mr. Pryor                           Mr. Blunt\1\
Mrs. McCaskill                      Mr. Boozman
Ms. Klobuchar                       Mr. Toomey\1\
Mr. Udall (NM)                      Mr. Rubio
Mr. Warner\1\                       Ms. Ayotte
Mr. Begich\1\
Mr. Rockefeller

    \1\By proxy


                        Changes in Existing Law

  
  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):
  

             TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES


                          PART III. EMPLOYEES

                     SUBPART D. PAY AND ALLOWANCES

                   CHAPTER 53. PAY RATES AND SYSTEMS

              SUBCHAPTER II. EXECUTIVE SCHEDULE PAY RATES

5315. Positions at level IV

  Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:

           *       *       *       *       *       *       *

          Assistant Secretaries of Transportation [(4)] (5).

           *       *       *       *       *       *       *


                           TITLE 23. HIGHWAYS


                       CHAPTER 4. HIGHWAY SAFETY

413. Safety for motorized and nonmotorized users

  (a) In General.--Not later than 2 years after the date of 
enactment of the Surface Transportation and Freight Policy Act 
of 2011, subject to subsection (b), the Secretary shall 
establish standards to ensure that the design of Federal 
surface transportation projects provides for the safe and 
adequate accommodation, in all phases of project planning, 
development, and operation, of all users of the transportation 
network, including motorized and nonmotorized users.
  (b) Waiver for State Law or Policy.--The Secretary may waive 
the application of standards established under subsection (a) 
to a State that has adopted a law or policy that provides for 
the safe and adequate accommodation as certified by the State 
(or other grantee), in all phases of project planning and 
development, of users of the transportation network on 
federally funded surface transportation projects, as determined 
by the Secretary.
  (c) Compliance.--
          (1) In general.--Each State department of 
        transportation shall submit to the Secretary, at such 
        time, in such manner, and containing such information 
        as the Secretary shall require, a report describing the 
        implementation by the State of measures to achieve 
        compliance with this section.
          (2) Determination by Secretary.--On receipt of a 
        report under paragraph (1), the Secretary shall 
        determine whether the applicable State has achieved 
        compliance with this section.

                           TITLE 46. SHIPPING


                      SUBTITLE V. MERCHANT MARINE

                            PART A. GENERAL

                      CHAPTER 503. ADMINISTRATIVE

50302. Port development

  (a) General Requirements.--With the objective of promoting, 
encouraging, and developing ports and transportation facilities 
in connection with water commerce over which the Secretary of 
Transportation has jurisdiction, the Secretary, in cooperation 
with the Secretary of the Army, shall--
          (1) investigate territorial regions and zones 
        tributary to ports, taking into consideration the 
        economies of transportation by rail, water, and highway 
        and the natural direction of the flow of commerce;
          (2) investigate the causes of congestion of commerce 
        at ports and applicable remedies;
          (3) investigate the subject of water terminals, 
        including the necessary docks, warehouses, and 
        equipment, to devise and suggest the types most 
        appropriate for different locations and for the most 
        expeditious and economical transfer or interchange of 
        passengers or property between water carriers and rail 
        carriers;
          (4) consult with communities on the appropriate 
        location and plan of construction of wharves, piers, 
        and water terminals;
          (5) investigate the practicability and advantages of 
        harbor, river, and port improvements in connection with 
        foreign and coastwise trade; and
          (6) investigate any other matter that may tend to 
        promote and encourage the use by vessels of ports 
        adequate to care for the freight that naturally would 
        pass through those ports.
  (b) Submission of Findings to Surface Transportation Board.--
After an investigation under subsection (a), if the Secretary 
of Transportation believes that the rates or practices of a 
rail carrier subject to the jurisdiction of the Surface 
Transportation Board are detrimental to the objective specified 
in subsection (a), or that new rates or practices, new or 
additional port terminal facilities, or affirmative action by a 
rail carrier is necessary to promote that objective, the 
Secretary may submit findings to the Board for action the Board 
considers appropriate under existing law.
  (c) Port Infrastructure Development Program.--
          (1) Establishment of program.--The Secretary of 
        Transportation, through the Maritime Administrator, 
        shall establish a port infrastructure development 
        program for the improvement of port facilities as 
        provided in this subsection.
          (2) Authority of the administrator.--In order to 
        carry out any project under the program established 
        under paragraph (1), the Administrator may--
                  (A) receive funds provided for the project 
                from Federal, non-Federal, and private entities 
                that have a specific agreement or contract with 
                the Administrator to further the purposes of 
                this subsection;
                  (B) coordinate with other Federal agencies to 
                expedite the process established under the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) for the improvement of 
                port facilities to improve the efficiency of 
                the transportation system, to increase port 
                security, or to provide greater access to port 
                facilities;
                  (C) seek to coordinate all reviews or 
                requirements with appropriate local, State, and 
                Federal agencies; and
                  (D) provide such technical assistance to port 
                authorities or commissions or their 
                subdivisions and agents as needed for project 
                planning, design, and construction.
          (3) Port infrastructure development fund.--
                  (A) Establishment.--There is a Port 
                Infrastructure Development Fund for use by the 
                Administrator in carrying out projects under 
                the port infrastructure development program. 
                The Fund shall be available to the 
                Administrator--
                          (i) to administer and carry out 
                        projects under the program;
                          (ii) to receive Federal, non-Federal, 
                        and private funds from entities which 
                        have specific agreements or contracts 
                        with the Administrator; and
                          (iii) to make refunds for projects 
                        that will not be completed.
                  (B) Credits.--There may be deposited into the 
                Fund--
                          (i) funds from Federal, non-Federal, 
                        and private entities which have 
                        agreements or contracts with the 
                        Administrator and which shall remain in 
                        the Fund until expended or refunded; 
                        and
                          (ii) such amounts as may be 
                        appropriated or transferred, subject to 
                        subparagraph (C), to the Fund under 
                        this subsection.
                  [(C) Transfers.--
                          [(i) In general.--Subject to clauses 
                        (ii) and (iii), amounts appropriated or 
                        otherwise made available for any fiscal 
                        year for a marine facility or 
                        intermodal facility that includes 
                        maritime transportation may be 
                        transferred, at the option of the 
                        recipient of such amounts, to the Fund 
                        and administered by the Administrator 
                        as a component of a project under the 
                        program.
                          [(ii) Prohibition on transfers.--
                        Except as provided in clause (iii), no 
                        funds appropriated or made available 
                        under title 23 or chapter 53 of title 
                        49, United States Code, including funds 
                        from the Highway Trust Fund (section 
                        9503(c) of the Internal Revenue Code of 
                        1986), funds from the Mass Transit 
                        Account of the Highway Trust Fund 
                        (section 9503(e) of Internal Revenue 
                        Code of 1986), and funds provided for 
                        public transportation programs within 
                        the mass transit category (as defined 
                        in section 250(c)(4)(C) of the Balanced 
                        Budget and Emergency Deficit Control 
                        Act of 1985), shall be transferred into 
                        the Fund.
                          [(iii) Exception.--
                                  [(I) In general.--Amounts 
                                described in subclause (II) are 
                                eligible for transfer into the 
                                Fund if--
                                          [(aa) the recipient 
                                        of the amounts has a 
                                        specific agreement or 
                                        contract with the 
                                        Administrator;
                                          [(bb) the Department 
                                        of Transportation 
                                        agency that administers 
                                        the amounts to be 
                                        transferred has granted 
                                        project approval for 
                                        each component of the 
                                        project that is to be 
                                        funded using such 
                                        amounts;
                                          [(cc) the Department 
                                        of Transportation 
                                        agency that administers 
                                        the amounts to be 
                                        transferred and the 
                                        Maritime Administration 
                                        agree to the transfer 
                                        through a signed 
                                        Memorandum of 
                                        Understanding; and
                                          [(dd) the amounts 
                                        will be used only to 
                                        carry out the project 
                                        for which funds were 
                                        approved, and in 
                                        accordance with any 
                                        conditions governing 
                                        the amounts under title 
                                        23 or chapter 53 of 
                                        title 49, United States 
                                        Code.
                                  [(II) Amounts described.--The 
                                amounts referred to in 
                                subclause (I) are amounts 
                                appropriated or made 
                                available--
                                          [(aa) for loans, loan 
                                        guarantees, or lines of 
                                        credit under chapter 6 
                                        of title 23, United 
                                        States Code, for a 
                                        project eligible under 
                                        such chapter to 
                                        facilitate direct 
                                        intermodal exchange, 
                                        transfer, and access 
                                        into and out of a port 
                                        as defined under 
                                        section 
                                        601(a)(8)(D)(iii) of 
                                        such title, as in 
                                        effect on the date of 
                                        enactment of this 
                                        subsection; or
                                          [(bb) for projects 
                                        under title XII of 
                                        division A of the 
                                        American Recovery and 
                                        Reinvestment Act of 
                                        2009 (Public Law 111-
                                        5).]
                  (C) Transfers.--Amounts appropriated or 
                otherwise made available for any fiscal year 
                for a marine facility or intermodal facility 
                that includes maritime transportation may be 
                transferred, at the option of the recipient of 
                such amounts, to the Fund and administered by 
                the Administrator as a component of a project 
                under the program.
                  (D) Limitation on statutory construction.--
                Nothing in this section shall be construed to 
                alter or otherwise affect existing authorities 
                to conduct port infrastructure programs in 
                Hawaii (as authorized by section 9008 of Public 
                Law 109--59), Alaska (as authorized by section 
                10205 of Public Law 109--59), or Guam (as 
                authorized by section 3512 of Public Law 110--
                417).
          (4) Authorization of appropriations.--There are 
        authorized to be appropriated to the Fund such sums as 
        may be necessary to carry out the program, taking into 
        account amounts received under paragraph (3)(A)(ii).

                        TITLE 49. TRANSPORTATION


                SUBTITLE I. DEPARTMENT OF TRANSPORTATION

                        CHAPTER 1. ORGANIZATION

102. Department of Transportation

  (a) The Department of Transportation is an executive 
department of the United States Government at the seat of 
Government.
  (b) The head of the Department is the Secretary of 
Transportation. The Secretary is appointed by the President, by 
and with the advice and consent of the Senate.
  (c) The Department has a Deputy Secretary of Transportation 
appointed by the President, by and with the advice and consent 
of the Senate. The Deputy Secretary--
          (1) shall carry out duties and powers prescribed by 
        the Secretary; and
          (2) acts for the Secretary when the Secretary is 
        absent or unable to serve or when the office of 
        Secretary is vacant.
  (d) The Department has an Under Secretary of Transportation 
for Policy appointed by the President, by and with the advice 
and consent of the Senate. The Under Secretary shall provide 
leadership in the development of policy for the Department, 
supervise the policy activities of Assistant Secretaries with 
primary responsibility for aviation, international, and other 
transportation policy development and carry out other powers 
and duties prescribed by the Secretary. The Under Secretary 
acts for the Secretary when the Secretary and the Deputy 
Secretary are absent or unable to serve, or when the offices of 
Secretary and Deputy Secretary are vacant.
  (e) The Department has [4] 5 Assistant Secretaries and a 
General Counsel appointed by the President, by and with the 
advice and consent of the Senate. The Department also has an 
Assistant Secretary of Transportation for Administration 
appointed in the competitive service by the Secretary, with the 
approval of the President. They shall carry out duties and 
powers prescribed by the Secretary. An Assistant Secretary or 
the General Counsel, in the order prescribed by the Secretary, 
acts for the Secretary when the Secretary, Deputy Secretary, 
and Under Secretary of Transportation for Policy are absent or 
unable to serve, or when the offices of the Secretary, Deputy 
Secretary, and Under Secretary of Transportation for Policy are 
vacant.
  (f) Deputy Assistant Secretary for Tribal Government 
Affairs.--
          (1) Establishment.--In accordance with Federal 
        policies promoting Indian self determination, the 
        Department of Transportation shall have, within the 
        office of the Secretary, a Deputy Assistant Secretary 
        for Tribal Government Affairs appointed by the 
        President to plan, coordinate, and implement the 
        Department of Transportation policy and programs 
        serving Indian tribes and tribal organizations and to 
        coordinate tribal transportation programs and 
        activities in all offices and administrations of the 
        Department and to be a participant in any negotiated 
        rulemaking relating to, or having an impact on, 
        projects, programs, or funding associated with the 
        tribal transportation program.
          (2) Reservation of trust obligations.--
                  (A) Responsibility of secretary.--In carrying 
                out this title, the Secretary shall be 
                responsible to exercise the trust obligations 
                of the United States to Indians and Indian 
                tribes to ensure that the rights of a tribe or 
                individual Indian are protected.
                  (B) Preservation of united states 
                responsibility.--Nothing in this title shall 
                absolve the United States from any 
                responsibility to Indians and Indian tribes, 
                including responsibilities derived from the 
                trust relationship and any treaty, executive 
                order, or agreement between the United States 
                and an Indian tribe.
  (g) Office of Climate Change and Environment.--
          (1) Establishment.--There is established in the 
        Department an Office of Climate Change and Environment 
        to plan, coordinate, and implement--
                  (A) department-wide research, strategies, and 
                actions under the Department's statutory 
                authority to reduce transportation-related 
                energy use and mitigate the effects of climate 
                change; and
                  (B) department-wide research strategies and 
                actions to address the impacts of climate 
                change on transportation systems and 
                infrastructure.
          (2) Clearinghouse.--The Office shall establish a 
        clearinghouse of solutions, including cost-effective 
        congestion reduction approaches, to reduce air 
        pollution and transportation-related energy use and 
        mitigate the effects of climate change.
  (h) Office of Freight Planning and Development.--
          (1) Establishment.--There is established within the 
        Office of the Secretary an Office of Freight Planning 
        and Development. The Office shall--
                  (A) coordinate investment of Federal funding 
                to improve the efficiency of the national 
                transportation system to move freight 
                consistent with the policy and objectives of 
                section 313;
                  (B) facilitate communication among 
                government, public, and private freight 
                transportation stakeholders;
                  (C) support the Secretary in the development 
                of the National Freight Transportation 
                Strategic Plan; and
                  (D) carry out other duties, as prescribed by 
                the Secretary.
          (2) Organization.--The head of the Office shall be 
        the Assistant Secretary of Freight Planning and 
        Development.
  [(h)] (i) The Department shall have a seal that shall be 
judicially recognized.

                  CHAPTER 3. GENERAL DUTIES AND POWERS

        SUBCHAPTER I. DUTIES OF THE SECRETARY OF TRANSPORTATION

303. National surface transportation policy

  (a) Policy.--It is the policy of the United States to develop 
a comprehensive national surface transportation system that 
advances the national interest and defense, interstate and 
foreign commerce, the efficient and safe interstate mobility of 
people and goods, and the protection of the environment. The 
system shall be built, maintained, managed, and operated as a 
partnership between the Federal, State, and local governments 
and the private sector and shall be coordinated with the 
overall transportation system of the United States, including 
the Nation's air, rail, pipeline, and water transportation 
systems. The Secretary of Transportation shall be responsible 
for carrying out this policy and for defining the Federal 
government's role in the system.
  (b) Objectives.--The objectives of the policy shall be to 
facilitate and advance--
          (1) the improved accessibility and reduced travel 
        times for persons and goods within and between nations, 
        regions, States, and metropolitan areas;
          (2) the safety and health of the public;
          (3) the security of the Nation and the public;
          (4) environmental protection;
          (5) energy conservation and security, including 
        reducing transportation-related energy use;
          (6) international and interstate freight movement, 
        trade enhancement, job creation, and economic 
        development;
          (7) responsible planning to address population 
        distribution and employment and sustainable 
        development;
          (8) the preservation and adequate performance of 
        system-critical transportation assets, as defined by 
        the Secretary;
          (9) reasonable access to the national surface 
        transportation system for all system users, including 
        rural communities;
          (10) the sustainable, balanced, and adequate 
        financing of the national surface transportation 
        system; and
          (11) innovation in transportation services, 
        infrastructure, and technology.
  (c) Goals.--
          (1) Specific goals.--The goals of the policy shall 
        be--
                  (A) to reduce average per capita peak period 
                travel times on an annual basis;
                  (B) to reduce national motor vehicle-related 
                and truck-related fatalities by 50 percent by 
                2030;
                  (C) to reduce national surface transportation 
                delays per capita on an annual basis;
                  (D) to improve the access to employment 
                opportunities and other economic activities;
                  (E) to increase the percentage of system-
                critical surface transportation assets, as 
                defined by the Secretary, that are in a state 
                of good repair by 20 percent by 2030;
                  (F) to improve access to public 
                transportation, intercity passenger rail 
                services, and non-motorized transportation 
                where travel demand warrants;
                  (G) to reduce passenger and freight 
                transportation infrastructure-related delays 
                entering into and out of international points 
                of entry on an annual basis;
                  (H) to increase travel time reliability on 
                major freight corridors that connect major 
                population centers to freight generators and 
                international gateways on an annual basis;
                  (I) to ensure adequate transportation of 
                domestic energy supplies and promote energy 
                security;
                  (J) to maintain or reduce the percentage of 
                gross domestic product consumed by 
                transportation costs; and
                  (K) to reduce transportation-related impacts 
                on the environment and on communities on an 
                annual basis.
          (2) Baselines.--Not later than 2 years after the date 
        of enactment of the Surface Transportation and Freight 
        Policy Act of 2011, the Secretary shall develop 
        baselines for the goals and shall determine appropriate 
        methods of data collection to measure the attainment of 
        the goals.

304. National surface transportation and freight strategic performance 
                    plan

  (a) Development.--Not later than 2 years after the date of 
enactment of the Surface Transportation and Freight Policy Act 
of 2011, the Secretary of Transportation shall develop and 
implement a National Surface Transportation and Freight 
Performance Plan to achieve the policy, objectives, and goals 
set forth in sections 303 and 312 .
  (b) Contents.--The plan shall include--
          (1) an assessment of the current performance of the 
        national surface transportation system and an analysis 
        of the system's ability to achieve the policy, 
        objectives, and goals set forth in sections 303 and 
        312;
          (2) an analysis of emerging and long-term projected 
        trends, including economic and national trade policies, 
        that will impact the performance, needs, and uses of 
        the national surface transportation system, including 
        the system to move freight;
          (3) a description of the major challenges to 
        effectively meeting the policy, objectives, and goals 
        set forth in sections 303 and 312 and a plan to address 
        such challenges;
          (4) a comprehensive strategy and investment plan to 
        meet the policy, objectives, and goals set forth in 
        sections 303 and 312, including a strategy to develop 
        the coalitions, partnerships, and other collaborative 
        financing efforts necessary to ensure stable, reliable 
        funding and completion of freight corridors and 
        projects;
          (5) initiatives to improve transportation modeling, 
        research, data collection, and analysis, including 
        those to assess impacts on public health, and 
        environmental conditions;
          (6) a plan for any reorganization of the Department 
        of Transportation or its agencies necessary to meet the 
        policy, objectives, and goals set forth in sections 303 
        and 312;
          (7) guidelines to encourage the appropriate balance 
        of means to finance the national transportation system 
        to move freight to implement the plan and the 
        investment plan proposed under paragraph (4); and
          (8) a list of priority freight corridors and gateways 
        to be improved and developed to meet the policy, 
        objectives, and goals set forth in section 312.
  (c) Consultation.--In developing the plan required by 
subsection (a), the Secretary shall--
          (1) consult with appropriate Federal agencies, local, 
        State, and tribal governments, public and private 
        transportation stakeholders, non-profit organizations 
        representing transportation employees, appropriate 
        foreign governments, and other interested parties;
          (2) consider on-going Federal, State, and corridor-
        wide transportation plans;
          (3) provide public notice and hearings and solicit 
        public comments on the plan, and
          (4) as appropriate, establish advisory committees to 
        assist with developing the plan.
  (d) Submittal and Publication.--The Secretary shall--
          (1) submit the completed plan to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Transportation and Infrastructure of 
        the House of Representatives; and
          (2) post the completed plan on the Department of 
        Transportation's public web site.
  (e) Progress Reports.--The Secretary shall submit biennial 
progress reports on the implementation of the plan beginning 2 
years after the date of submittal of the plan under subsection 
(d)(1). Each progress report shall--
          (1) describe progress made toward fully implementing 
        the plan and achieving the policies, objectives, and 
        goals established under sections 303 and 312;
          (2) describe challenges and obstacles to full 
        implementation;
          (3) describe updates to the plan necessary to reflect 
        changed circumstances or new developments; and
          (4) make policy and legislative recommendations the 
        Secretary believes are necessary and appropriate to 
        fully implement the plan.
  (f) Data.--The Secretary shall have the authority to conduct 
studies, gather information, and require the production of data 
necessary to develop or update this plan, consistent with 
Federal privacy standards.
  (g) Implementation.--The Secretary shall--
          (1) develop appropriate performance criteria and data 
        collections systems for each Federal surface 
        transportation program to evaluate:
                  (A) whether such programs are consistent with 
                the policy, objectives, and goals established 
                by sections 303 and 312; and
                  (B) how effective such programs are in 
                contributing to the achievement of the policy, 
                objectives, and goals established by sections 
                303 and 312;
          (2) using the criteria developed under paragraph (1), 
        periodically evaluate each such program and provide the 
        results to the public;
          (3) based on the evaluation performed under paragraph 
        (2), make any necessary changes or improvements to such 
        programs to ensure such consistency and effectiveness;
          (4) implement this section in a manner that is 
        consistent with sections 302, 5503, 10101, and 13101 of 
        this title and section 101 of title 23 to the extent 
        that such sections do not conflict with the policy, 
        objectives, and goals established by sections 303 and 
        312;
          (5) review, update, and reissue all relevant surface 
        transportation planning requirements to ensure that 
        such requirements require that regional, State, and 
        local surface transportation planning efforts funded 
        with Federal funds are consistent with the policy, 
        objectives, and goals established by this section; and
          (6) require States and metropolitan planning 
        organizations to annually report on the use of Federal 
        surface transportation funds, including a description 
        of--
                  (A) which projects and priorities were funded 
                with such funds;
                  (B) the rationale and method employed for 
                apportioning such funds to the projects and 
                priorities; and
                  (C) how the obligation of such funds is 
                consistent with or advances the policy, 
                objectives, and goals established by sections 
                303 and 312.

[303] 305. Policy on lands, wildlife and waterfowl refuges, and 
                    historic sites

  (a) It is the policy of the United States Government that 
special effort should be made to preserve the natural beauty of 
the countryside and public park and recreation lands, wildlife 
and waterfowl refuges, and historic sites.
  (b) The Secretary of Transportation shall cooperate and 
consult with the Secretaries of the Interior, Housing and Urban 
Development, and Agriculture, and with the States, in 
developing transportation plans and programs that include 
measures to maintain or enhance the natural beauty of lands 
crossed by transportation activities or facilities.
  (c) Approval of Programs and Projects.--Subject to subsection 
(d), the Secretary may approve a transportation program or 
project (other than any project for a park road or parkway 
under section 204 of title 23) requiring the use of publicly 
owned land of a public park, recreation area, or wildlife and 
waterfowl refuge of national, State, or local significance, or 
land of an historic site of national, State, or local 
significance (as determined by the Federal, State, or local 
officials having jurisdiction over the park, area, refuge, or 
site) only if--
          (1) there is no prudent and feasible alternative to 
        using that land; and
          (2) the program or project includes all possible 
        planning to minimize harm to the park, recreation area, 
        wildlife and waterfowl refuge, or historic site 
        resulting from the use.
  (d) De Minimis Impacts.--
          (1) Requirements.--
                  (A) Requirements for historic sites.--The 
                requirements of this section shall be 
                considered to be satisfied with respect to an 
                area described in paragraph (2) if the 
                Secretary determines, in accordance with this 
                subsection, that a transportation program or 
                project will have a de minimis impact on the 
                area.
                  (B) Requirements for parks, recreation areas, 
                and wildlife or waterfowl refuges.--The 
                requirements of subsection (c)(1) shall be 
                considered to be satisfied with respect to an 
                area described in paragraph (3) if the 
                Secretary determines, in accordance with this 
                subsection, that a transportation program or 
                project will have a de minimis impact on the 
                area. The requirements of subsection (c)(2) 
                with respect to an area described in paragraph 
                (3) shall not include an alternatives analysis.
                  (C) Criteria.--In making any determination 
                under this subsection, the Secretary shall 
                consider to be part of a transportation program 
                or project any avoidance, minimization, 
                mitigation, or enhancement measures that are 
                required to be implemented as a condition of 
                approval of the transportation program or 
                project.
          (2) Historic sites.--With respect to historic sites, 
        the Secretary may make a finding of de minimis impact 
        only if--
                  (A) the Secretary has determined, in 
                accordance with the consultation process 
                required under section 106 of the National 
                Historic Preservation Act (16 U.S.C. 470f), 
                that--
                          (i) the transportation program or 
                        project will have no adverse effect on 
                        the historic site; or
                          (ii) there will be no historic 
                        properties affected by the 
                        transportation program or project;
                  (B) the finding of the Secretary has received 
                written concurrence from the applicable State 
                historic preservation officer or tribal 
                historic preservation officer (and from the 
                Advisory Council on Historic Preservation if 
                the Council is participating in the 
                consultation process); and
                  (C) the finding of the Secretary has been 
                developed in consultation with parties 
                consulting as part of the process referred to 
                in subparagraph (A).
          (3) Parks, recreation areas, and wildlife or 
        waterfowl refuges.--With respect to parks, recreation 
        areas, or wildlife or waterfowl refuges, the Secretary 
        may make a finding of de minimis impact only if--
                  (A) the Secretary has determined, after 
                public notice and opportunity for public review 
                and comment, that the transportation program or 
                project will not adversely affect the 
                activities, features, and attributes of the 
                park, recreation area, or wildlife or waterfowl 
                refuge eligible for protection under this 
                section; and
                  (B) the finding of the Secretary has received 
                concurrence from the officials with 
                jurisdiction over the park, recreation area, or 
                wildlife or waterfowl refuge.

[303a] 306. Development of water transportation

  (a) Policy.--It is the policy of Congress--
          (1) to promote, encourage, and develop water 
        transportation, service, and facilities for the 
        commerce of the United States; and
          (2) to foster and preserve rail and water 
        transportation.
  (b) Definition.--In this section, ``inland waterway'' 
includes the Great Lakes.
  (c) Requirements.--The Secretary of Transportation shall--
          (1) investigate the types of vessels suitable for 
        different classes of inland waterways to promote, 
        encourage, and develop inland waterway transportation 
        facilities for the commerce of the United States;
          (2) investigate water terminals, both for inland 
        waterway traffic and for through traffic by water and 
        rail, including the necessary docks, warehouses, and 
        equipment, and investigate railroad spurs and switches 
        connecting with those water terminals, to develop the 
        types most appropriate for different locations and for 
        transferring passengers or property between water 
        carriers and rail carriers more expeditiously and 
        economically;
          (3) consult with communities, cities, and towns about 
        the location of water terminals, and cooperate with 
        them in preparing plans for terminal facilities;
          (4) investigate the existing status of water 
        transportation on the different inland waterways of the 
        United States to learn the extent to which--
                  (A) the waterways are being used to their 
                capacity and are meeting the demands of 
                traffic; and
                  (B) water carriers using those waterways are 
                interchanging traffic with rail carriers;
          (5) investigate other matters that may promote and 
        encourage inland water transportation; and
          (6) compile, publish, and distribute information 
        about transportation on inland waterways that the 
        Secretary considers useful to the commercial interests 
        of the United States.

[304] 307. Joint activities with the Secretary of Housing and Urban 
                    Development

  (a) The Secretary of Transportation and the Secretary of 
Housing and Urban Development shall--
          (1) consult and exchange information about their 
        respective transportation policies and activities;
          (2) carry out joint planning, research, and other 
        activities;
          (3) coordinate assistance for local transportation 
        projects; and
          (4) jointly study methods by which policies and 
        programs of the United States Government can ensure 
        that urban transportation systems most effectively 
        serve both transportation needs of the United States 
        and the comprehensively planned development of urban 
        areas.
  (b) The Secretaries shall report on April 1 of each year to 
the President, for submission to Congress, on their studies and 
other activities under this section, including legislative 
recommendations they consider desirable.

[305] 308. Transportation investment standards and criteria

  (a) Subject to sections 301-304 of this title, the Secretary 
of Transportation shall develop standards and criteria to 
formulate and economically evaluate all proposals for investing 
amounts of the United States Government in transportation 
facilities and equipment. Based on experience, the Secretary 
shall revise the standards and criteria. When approved by 
Congress, the Secretary shall prescribe standards and criteria 
developed or revised under this subsection. This subsection 
does not apply to--
          (1) the acquisition of transportation facilities or 
        equipment by a department, agency, or instrumentality 
        of the Government to provide transportation for its 
        use;
          (2) an inter-oceanic canal located outside the 48 
        contiguous States;
          (3) defense features included at the direction of the 
        Department of Defense in designing and constructing 
        civil air, sea, or land transportation;
          (4) foreign assistance programs;
          (5) water resources projects; or
          (6) grant-in-aid programs authorized by law.
  (b) A department, agency, or instrumentality of the 
Government preparing a survey, plan, or report that includes a 
proposal about which the Secretary has prescribed standards and 
criteria under subsection (a) of this section shall--
          (1) prepare the survey, plan, or report under those 
        standards and criteria and on the basis of information 
        provided by the Secretary on the--
                  (A) projected growth of transportation needs 
                and traffic in the affected area;
                  (B) the relative efficiency of various modes 
                of transportation;
                  (C) the available transportation services in 
                the area; and
                  (D) the general effect of the proposed 
                investment on existing modes of transportation 
                and on the regional and national economy;
          (2) coordinate the survey, plan, or report--
                  (A) with the Secretary and include the views 
                and comments of the Secretary; and
                  (B) as appropriate, with other departments, 
                agencies, and instrumentalities of the 
                Government, States, and local governments, and 
                include their views and comments; and
          (3) send the survey, plan, or report to the President 
        for disposition under law and procedure established by 
        the President.

[306] 309. Prohibited discrimination

  (a) In this section, ``financial assistance'' includes 
obligation guarantees.
  (b) A person in the United States may not be excluded from 
participating in, be denied the benefits of, or be subject to 
discrimination under, a project, program, or activity because 
of race, color, national origin, or sex when any part of the 
project, program, or activity is financed through financial 
assistance under section 332 or 333 or chapter 221 or 249 of 
this title, section 211 or 216 of the Regional Rail 
Reorganization Act of 1973 (45 U.S.C. 721, 726), or title V of 
the Railroad Revitalization and Regulatory Reform Act of 1976 
(45 U.S.C. 821 et seq.).
  (c) When the Secretary of Transportation decides that a 
person receiving financial assistance under a law referred to 
in subsection (b) of this section has not complied with that 
subsection, a Federal civil rights law, or an order or 
regulation issued under a Federal civil rights law, the 
Secretary shall notify the person of the decision and require 
the person to take necessary action to ensure compliance with 
that subsection.
  (d) If a person does not comply with subsection (b) of this 
section within a reasonable time after receiving a notice under 
subsection (c) of this section, the Secretary shall take at 
least one of the following actions:
          (1) direct that no more Federal financial assistance 
        be provided the person.
          (2) refer the matter to the Attorney General with a 
        recommendation that a civil action be brought against 
        the person.
          (3) carry out the duties and powers provided by title 
        VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
        seq.).
          (4) take other action provided by law.
  (e) When a matter is referred to the Attorney General under 
subsection (d)(2) of this section, or when the Attorney General 
has reason to believe that a person is engaged in a pattern or 
practice violating this section, the Attorney General may begin 
a civil action in a district court of the United States for 
appropriate relief.

[307. Safety information and intervention in Interstate Commerce 
                    Commission proceedings

  [(a) The Secretary of Transportation shall inspect promptly 
the safety compliance record in the Department of 
Transportation of each person applying to the Interstate 
Commerce Commission for authority to provide transportation or 
freight forwarder service. The Secretary shall report the 
findings of the inspection to the Commission.
  [(b) When the Secretary is not satisfied with the safety 
record of a person applying for permanent authority to provide 
transportation or freight forwarder service, or for approval of 
a proposed transfer of permanent authority, the Secretary shall 
intervene and present evidence of the fitness of the person to 
the Commission in its proceedings.
  [(c) When requested by the Commission, the Secretary shall--
          [(1) provide the Commission with a complete report on 
        the safety compliance of a carrier providing 
        transportation or freight forwarder service subject to 
        its jurisdiction;
          [(2) provide promptly a statement of the safety 
        record of a person applying to the Commission for 
        temporary authority to provide transportation;
          [(3) intervene and present evidence in a proceeding 
        in which a finding of fitness is required; and
          [(4) make additional safety compliance surveys and 
        inspections the Commission decides are desirable to 
        allow it to act on an application or to make a finding 
        on the fitness of a carrier.]

[308] 310. Reports

  (a) As soon as practicable after the end of each fiscal year, 
the Secretary of Transportation shall report to the President, 
for submission to Congress, on the activities of the Department 
of Transportation during the prior fiscal year.
  (b) The Secretary shall submit to the President and Congress 
each year a report on the aviation activities of the 
Department. The report shall include--
          (1) collected information the Secretary considers 
        valuable in deciding questions about--
                  (A) the development and regulation of civil 
                aeronautics;
                  (B) the use of airspace of the United States; 
                and
                  (C) the improvement of the air navigation and 
                traffic control system; and
          (2) recommendations for additional legislation and 
        other action the Secretary considers necessary.
  (c) The Secretary shall submit to Congress each year a report 
on the conditions of the public ports of the United States, 
including the--
          (1) economic and technological development of the 
        ports;
          (2) extent to which the ports contribute to the 
        national welfare and security; and
          (3) factors that may impede the continued development 
        of the ports.
  (d) [Repealed]
  (e) (1) The Secretary shall submit to Congress in March 1998, 
and in March of each even-numbered year thereafter, a report of 
estimates by the Secretary on the current performance and 
condition of public mass transportation systems with 
recommendations for necessary administrative or legislative 
changes.
          (2) In reporting to Congress under this subsection, 
        the Secretary shall prepare a complete assessment of 
        public transportation facilities in the United States. 
        The Secretary also shall assess future needs for those 
        facilities and estimate future capital requirements and 
        operation and maintenance requirements for one-year, 5-
        year, and 10-year periods at specified levels of 
        service.

[309] 311. High-speed ground transportation

  (a) The Secretary of Transportation, in consultation with the 
Secretaries of Commerce, Energy, and Defense, the Administrator 
of the Environmental Protection Agency, the Assistant Secretary 
of the Army for Public Works, and the heads of other interested 
agencies, shall lead and coordinate Federal efforts in the 
research and development of high-speed ground transportation 
technologies in order to foster the implementation of magnetic 
levitation and high-speed steel wheel on rail transportation 
systems as alternatives to existing transportation systems.

           *       *       *       *       *       *       *


312. National freight transportation policy.

  (a) National Freight Transportation Policy.--It is the policy 
of the United States to improve the efficiency, operation, and 
security of the national transportation system to move freight 
by leveraging investments and promoting partnerships that 
advance interstate and foreign commerce, promote economic 
competitiveness and job creation, improve the safe and 
efficient mobility of goods, and protect the public health and 
the environment.
  (b) Objectives.--The objectives of the policy are--
          (1) to target investment in freight transportation 
        projects that strengthen the economic competitiveness 
        of the United States with a focus on domestic 
        industries and businesses and the creation and 
        retention of high-value jobs;
          (2) to promote and advance energy conservation and 
        the environmental sustainability of freight movements;
          (3) to facilitate and advance the safety and health 
        of the public, including communities adjacent to 
        freight movements;
          (4) to provide for systematic and balanced investment 
        to improve the overall performance and reliability of 
        the national transportation system to move freight, 
        including ensuring trade facilitation and 
        transportation system improvements are mutually 
        supportive;
          (5) to promote partnerships between Federal, State, 
        and local governments, the private sector, and other 
        transportation stakeholders to leverage investments in 
        freight transportation projects; and
          (6) to encourage adoption of operational policies, 
        such as intelligent transportation systems, to improve 
        the efficiency of freight-related transportation 
        movements and infrastructure.

                     SUBCHAPTER II. ADMINISTRATIVE

333. Responsibility for rail transportation unification and 
                    coordination projects

  (a) The Secretary of Transportation may develop and make 
available to interested persons any plans, proposals, and 
recommendations for mergers, consolidations, reorganizations, 
and other unification or coordination projects for rail 
transportation (including arrangements for joint use of tracks 
and other facilities and acquisition or sale of assets) that 
the Secretary believes will result in a rail system that is 
more efficient and consistent with the public interest.
  (b) To achieve a more efficient, economical, and viable rail 
system in the private sector, the Secretary, when requested by 
a rail carrier and under this section, may assist in planning, 
negotiating, and carrying out a unification or coordination of 
operations and facilities of at least 2 rail carriers.
  (c) (1) The Secretary may conduct studies to determine the 
potential cost savings and possible improvements in the quality 
of rail transportation that are likely to result from 
unification or coordination of at least 2 rail carriers, 
through--
                  (A) elimination of duplicating or overlapping 
                operations and facilities;
                  (B) reducing switching operations;
                  (C) using the shortest or more efficient and 
                economical routes;
                  (D) exchanging trackage rights;
                  (E) combining trackage and terminal or other 
                facilities;
                  (F) upgrading tracks and other facilities 
                used by at least 2 rail carriers;
                  (G) reducing administrative and other 
                expenses; and
                  (H) other measures likely to reduce costs and 
                improve rail transportation.
          (2) When the Secretary requests information for a 
        study under this section, a rail carrier shall provide 
        the information requested. In carrying out this 
        section, the Secretary may designate an officer or 
        employee to get from a rail carrier information on the 
        kind, quality, origin, destination, consignor, 
        consignee, and routing of property. This information 
        may be obtained without the consent of the consignor or 
        consignee notwithstanding section 11904 of this title. 
        When appropriate, the designated officer or employee 
        has the powers described in section 203(c) of the 
        Regional Rail Reorganization Act of 1973 to carry out 
        this section, but a subpena must be issued under the 
        signature of the Secretary.
  (d) (1) When requested by a rail carrier, the Secretary may 
hold conferences on and mediate disputes resulting from a 
proposed unification or coordination project. The Secretary may 
invite to a conference--
                  (A) officers and directors of an affected 
                rail carrier;
                  (B) representatives of rail carrier employees 
                who may be affected;
                  (C) representatives of the [Interstate 
                Commerce Commission] Surface Transportation 
                Board;
                  (D) State and local government officials, 
                shippers, and consumer representatives; and
                  (E) representatives of the Federal Trade 
                Commission and the Attorney General.
          (2) A person attending or represented at a conference 
        on a proposed unification or coordination project is 
        not liable under the antitrust laws of the United 
        States for any discussion at the conference and for any 
        agreements reached at the conference, that are entered 
        into with the approval of the Secretary to achieve or 
        determine a plan of action to carry out the unification 
        or coordination project.
  (e) When the approval of a proposal submitted by a rail 
carrier for a merger or other action is subject to the 
jurisdiction of the [Interstate Commerce Commission] Surface 
Transportation Board under section 11323(a) of this title, the 
Secretary may study the proposal to decide whether it satisfies 
section 11324(b) of this title. When the proposal is the 
subject of an application and proceeding before the 
[Commission] Board, the Secretary may appear in any proceeding 
related to the application.

                      CHAPTER 5. SPECIAL AUTHORITY

                          SUBCHAPTER I. POWERS

504. Reports and records

  (a) In this section--
          (1) ``association'' means an organization maintained 
        by or in the interest of a group of rail carriers, 
        motor carriers, motor carriers of migrant workers, or 
        motor private carriers that performs a service, or 
        engages in activities, related to transportation of 
        that carrier.
          (2) ``carrier'' means a motor carrier, motor carrier 
        of migrant workers, motor private carrier, and rail 
        carrier.
          (3) ``lessor'' means a person owning a railroad that 
        is leased to and operated by a rail carrier, and a 
        person leasing a right to operate as a motor carrier, 
        motor carrier of migrant workers, or motor private 
        carrier to another.
          (4) ``lessor'' and ``carrier'' include a receiver or 
        trustee of that lessor or carrier, respectively.
  (b) (1) The Secretary of Transportation may prescribe the 
form of records required to be prepared or compiled under this 
section by--
                  (A) carriers and lessors; and
                  (B) a person furnishing cars or protective 
                service against heat or cold to or for a rail 
                carrier.
          (2) The Secretary may require--
                  (A) carriers, lessors, associations, or 
                classes of them as the Secretary may prescribe, 
                to file annual, periodic, and special reports 
                with the Secretary containing answers to 
                questions asked by the Secretary; and
                  (B) a person furnishing cars or protective 
                service against heat or cold to a rail carrier 
                to file reports with the Secretary containing 
                answers to questions about those cars or 
                service.
  (c) The Secretary, or an employee (and, in the case of a 
motor carrier, a contractor, or an employee of the recipient of 
a grant issued under section 31102 of this title) designated by 
the Secretary, may on demand and display of proper credentials, 
in person or in writing--
          (1) inspect the equipment of a carrier or lessor; and
          (2) inspect and copy any record of--
                  (A) a carrier, lessor, or association;
                  (B) a person controlling, controlled by, or 
                under common control with a carrier, if the 
                Secretary considers inspection relevant to that 
                person's relation to, or transaction with, that 
                carrier; and
                  (C) a person furnishing cars or protective 
                service against heat or cold to or for a rail 
                carrier if the Secretary prescribed the form of 
                that record.
  (d) The Secretary may prescribe the time period during which 
records must be preserved by a carrier, lessor, and person 
furnishing cars or protective service.
  (e) (1) An annual report shall contain an account, in as much 
detail as the Secretary may require, of the affairs of a 
carrier, lessor, or association for the 12-month period ending 
on the 31st day of December of each year. The annual report 
shall be filed with the Secretary by the end of the 3d month 
after the end of the year for which the report is made unless 
the Secretary extends the filing date or changes the period 
covered by the report.
          (2) The annual report and, if the Secretary requires, 
        any other report made under this section shall be made 
        under oath.
  (f) No part of a report of an accident occurring in 
operations of a motor carrier, motor carrier of migrant 
workers, or motor private carrier and required by the 
Secretary, and no part of a report of an investigation of the 
accident made by the Secretary, may be admitted into evidence 
or used in a civil action for damages related to a matter 
mentioned in the report or investigation.

                        SUBCHAPTER II. PENALTIES

521. Civil penalties

  (a)
          (1) A person required under section 504 of this title 
        to make, prepare, preserve, or submit to the Secretary 
        of Transportation a record about rail carrier 
        transportation, that does not make, prepare, preserve, 
        or submit that record as required under that section, 
        is liable to the United States Government for a civil 
        penalty of $500 for each violation.
          (2) A rail carrier, and a lessor, receiver, or 
        trustee of that carrier, violating section 504(c)(1) of 
        this title is liable to the Government for a civil 
        penalty of $100 for each violation.
          (3) A rail carrier, a lessor, receiver, or trustee of 
        that carrier, a person furnishing cars or protective 
        service against heat or cold, and an officer, agent, or 
        employee of one of them, required to make a report to 
        the Secretary or answer a question, that does not make 
        a report to the Secretary or does not specifically, 
        completely, and truthfully answer the question, is 
        liable to the Government for a civil penalty of $100 
        for each violation.
          (4) A separate violation occurs for each day a 
        violation under this subsection continues.
          (5) Trial in a civil action under this subsection is 
        in the judicial district in which the rail carrier has 
        its principal operating office or in a district through 
        which the railroad of the rail carrier runs.
  (b) Violations Relating to Commercial Motor Vehicle Safety 
Regulation and Operators.--
          (1) Notice.--
                  (A) In general.--If the Secretary finds that 
                a violation of a provision of subchapter III of 
                chapter 311 (except sections 31138 and 31139) 
                or section 31302, 31303, 31304, 31305(b), 
                31310(g)(1)(A), or 31502 of this title, or a 
                violation of a regulation issued under any of 
                those provisions, has occurred, the Secretary 
                shall issue a written notice to the violator. 
                Such notice shall describe with reasonable 
                particularity the nature of the violation found 
                and the provision which has been violated. The 
                notice shall specify the proposed civil 
                penalty, if any, and suggest actions which 
                might be taken in order to abate the violation. 
                The notice shall indicate that the violator 
                may, within 15 days of service, notify the 
                Secretary of the violator's intention to 
                contest the matter. In the event of a contested 
                notice, the Secretary shall afford such 
                violator an opportunity for a hearing, pursuant 
                to section 554 of title 5 following which the 
                Secretary shall issue an order affirming, 
                modifying, or vacating the notice of violation.
                  (B) Nonapplicability to reporting and 
                recordkeeping violations.--Subparagraph (A) 
                shall not apply to reporting and recordkeeping 
                violations.
          (2) Civil penalty.--
                  (A) In general.--Except as otherwise provided 
                in this subsection, any person who is 
                determined by the Secretary, after notice and 
                opportunity for a hearing, to have committed an 
                act that is a violation of regulations issued 
                by the Secretary under subchapter III of 
                chapter 311 (except sections 31138 and 31139) 
                or section 31502 of this title shall be liable 
                to the United States for a civil penalty in an 
                amount not to exceed $10,000 for each offense. 
                Notwithstanding any other provision of this 
                section (except subparagraph (C)), no civil 
                penalty shall be assessed under this section 
                against an employee for a violation in an 
                amount exceeding $2,500.
                  (B) Recordkeeping and reporting violations.--
                A person required to make a report to the 
                Secretary, answer a question, or make, prepare, 
                or preserve a record under section 504 of this 
                title or under any regulation issued by the 
                Secretary pursuant to subchapter III of chapter 
                311 (except sections 31138 and 31139) or 
                section 31502 of this title about 
                transportation by motor carrier, motor carrier 
                of migrant workers, or motor private carrier, 
                or an officer, agent, or employee of that 
                person--
                          (i) who does not make that report, 
                        does not specifically, completely, and 
                        truthfully answer that question in 30 
                        days from the date the Secretary 
                        requires the question to be answered, 
                        or does not make, prepare, or preserve 
                        that record in the form and manner 
                        prescribed by the Secretary, shall be 
                        liable to the United States for a civil 
                        penalty in an amount not to exceed 
                        $1,000 for each offense, and each day 
                        of the violation shall constitute a 
                        separate offense, except that the total 
                        of all civil penalties assessed against 
                        any violator for all offenses related 
                        to any single violation shall not 
                        exceed $10,000; or
                          (ii) who knowingly falsifies, 
                        destroys, mutilates, or changes a 
                        required report or record, knowingly 
                        files a false report with the 
                        Secretary, knowingly makes or causes or 
                        permits to be made a false or 
                        incomplete entry in that record about 
                        an operation or business fact or 
                        transaction, or knowingly makes, 
                        prepares, or preserves a record in 
                        violation of a regulation or order of 
                        the Secretary, shall be liable to the 
                        United States for a civil penalty in an 
                        amount not to exceed $10,000 for each 
                        violation, if any such action can be 
                        shown to have misrepresented a fact 
                        that constitutes a violation other than 
                        a reporting or recordkeeping violation.
                  (C) Violations pertaining to cdls.--Any 
                person who is determined by the Secretary, 
                after notice and opportunity for a hearing, to 
                have committed an act which is a violation of 
                section 31302, 31303, 31304, 31305(b), or 
                31310(g)(1)(A) of this title shall be liable to 
                the United States for a civil penalty not to 
                exceed $2,500 for each offense.
                  (D) Determination of amount.--The amount of 
                any civil penalty, and a reasonable time for 
                abatement of the violation, shall by written 
                order be determined by the Secretary, taking 
                into account the nature, circumstances, extent, 
                and gravity of the violation committed and, 
                with respect to the violator, the degree of 
                culpability, history of prior offenses, 
                [ability to pay,] effect on ability to continue 
                to do business, and such other matters as 
                justice and public safety may require. In each 
                case, the assessment shall be calculated to 
                induce further compliance.
                  [(E)] (E)(i) Copying of records and access to 
                equipment, lands, and buildings.--A person 
                subject to chapter 51 or a motor carrier, 
                broker, freight forwarder, or owner or operator 
                of a commercial motor vehicle subject to part B 
                of subtitle VI who fails to allow promptly, 
                upon demand, the Secretary (or an employee 
                designated by the Secretary) to inspect and 
                copy any record or inspect and examine 
                equipment, lands, buildings and other property 
                in accordance with sections 504(c), 5121(c), 
                and 14122(b) shall be liable to the United 
                States for a civil penalty not to exceed $1,000 
                for each offense. Each day the Secretary is 
                denied the right to inspect and copy any record 
                or inspect and examine equipment, lands, 
                buildings and other property shall constitute a 
                separate offense, except that the total of all 
                civil penalties against any violator for all 
                offenses related to a single violation shall 
                not exceed $10,000. In the case of a motor 
                carrier, the Secretary may also place the 
                violator's motor carrier operations out of 
                service. It shall be a defense to [such 
                penalty] a penalty that the records did not 
                exist at the time of the Secretary's request or 
                could not be timely produced without 
                unreasonable expense or effort. Nothing in this 
                subparagraph amends or supersedes any remedy 
                available to the Secretary under section 
                502(d), section 507(c), or any other provision 
                of this title.
                          (ii) Place out of service.--The 
                        Secretary may by regulation adopt 
                        procedures for placing out of service 
                        the commercial motor vehicle of a 
                        foreign-domiciled motor carrier that 
                        fails to promptly allow the Secretary 
                        to inspect and copy a record or inspect 
                        equipment, land, buildings, or other 
                        property.
                  (F) Penalty for violations relating to out of 
                service orders.--A motor carrier or employer 
                (as defined in section 31132) that operates a 
                commercial motor vehicle in commerce in 
                violation of a prohibition on transportation 
                under section 31144(c) of this title or an 
                imminent hazard out of service order issued 
                under subsection (b)(5) of this section or 
                section 5121(d) of this title shall be liable 
                for a civil penalty not to exceed $25,000.
          (3) The Secretary may require any violator served 
        with a notice of violation to post a copy of such 
        notice or statement of such notice in such place or 
        places and for such duration as the Secretary may 
        determine appropriate to aid in the enforcement of 
        subchapter III of chapter 311 (except sections 31138 
        and 31139) or section 31302, 31303, 31304, 31305(b), or 
        31502 of this title, as the case may be.
          (4) Such civil penalty may be recovered in an action 
        brought by the Attorney General on behalf of the United 
        States in the appropriate district court of the United 
        States or, before referral to the Attorney General, 
        such civil penalty may be compromised by the Secretary.
          (5) (A) If, upon inspection or investigation, the 
        Secretary determines that a violation of a provision of 
        subchapter III of chapter 311 (except sections 31138 
        and 31139) or section 31302, 31303, 31304, 31305(b), or 
        31502 of this title or a regulation issued under any of 
        those provisions, or combination of such violations, 
        poses an imminent hazard to safety, the Secretary shall 
        order a vehicle or employee operating such vehicle out 
        of service, or order an employer to cease all or part 
        of the employer's commercial motor vehicle operations. 
        In making any such order, the Secretary shall impose no 
        restriction on any employee or employer beyond that 
        required to abate the hazard. Subsequent to the 
        issuance of the order, opportunity for review shall be 
        provided in accordance with section 554 of title 5, 
        except that such review shall occur not later than 10 
        days after issuance of such order.
                  (B) In this paragraph, ``imminent hazard'' 
                means any condition of vehicle, employee, or 
                commercial motor vehicle operations which 
                substantially increases the likelihood of 
                serious injury or death if not discontinued 
                immediately.
                  (C) If an employee, vehicle, or all or part 
                of an employer's commercial motor vehicle 
                operations is ordered out of service under 
                paragraph (5)(A), the commercial motor vehicle 
                operations of the employee, vehicle, or 
                employer that affect interstate commerce are 
                also prohibited.
          (6) Criminal penalties.--
                  (A) In general.--Any person who knowingly and 
                willfully violates any provision of subchapter 
                III of chapter 311 (except sections 31138 and 
                31139) or section 31502 of this title, or a 
                regulation issued under any of those provisions 
                shall, upon conviction, be subject for each 
                offense to a fine not to exceed $25,000 or 
                imprisonment for a term not to exceed one year, 
                or both, except that, if such violator is an 
                employee, the violator shall only be subject to 
                penalty if, while operating a commercial motor 
                vehicle, the violator's activities have led or 
                could have led to death or serious injury, in 
                which case the violator shall be subject, upon 
                conviction, for a fine not to exceed $2,500.
                  (B) Violations pertaining to cdls.--Any 
                person who knowingly and willfully violates--
                          (i) any provision of section 31302, 
                        31303(b) or (c), 31304, 31305(b), or 
                        31310(g)(1)(A) of this title or a 
                        regulation issued under such section, 
                        or
                          (ii) with respect to notification of 
                        a serious traffic violation as defined 
                        under section 31301 of this title, any 
                        provision of section 31303(a) of this 
                        title or a regulation issued under 
                        section 31303(a),
                shall, upon conviction, be subject for each 
                offense to a fine not to exceed $5,000 or 
                imprisonment for a term not to exceed 90 days, 
                or both.
          (7) The Secretary shall issue regulations 
        establishing penalty schedules designed to induce 
        timely compliance for persons failing to comply 
        promptly with the requirements set forth in any notices 
        and orders under this subsection. The penalties may 
        include a minimum duration for any out of service 
        period, not to exceed 90 days.
          (8) Prohibition on operation in interstate commerce 
        after nonpayment of penalties.--
                  (A) In general.--An owner or operator of a 
                commercial motor vehicle against whom a civil 
                penalty is assessed under this chapter or 
                chapter 51, 149, or 311 of this title and who 
                does not pay such penalty or fails to arrange 
                and abide by an acceptable payment plan for 
                such civil penalty may not operate in 
                interstate commerce beginning on the 91st day 
                after the date specified by order of the 
                Secretary for payment of such penalty. This 
                paragraph shall not apply to any person who is 
                unable to pay a civil penalty because such 
                person is a debtor in a case under chapter 11 
                of title 11, United States Code.
                  (B) Additional prohibition.--A person 
                prohibited from operating in interstate 
                commerce under paragraph (8)(A) may not operate 
                any commercial motor vehicle where the 
                operation affects interstate commerce.
                  [(B)] (C) Regulations.--Not later than 12 
                months after the date of the enactment of this 
                paragraph, the Secretary, after notice and an 
                opportunity for public comment, shall issue 
                regulations setting forth procedures for 
                ordering commercial motor vehicle owners and 
                operators delinquent in paying civil penalties 
                to cease operations until payment has been 
                made.
          (9) Any aggrieved person who, after a hearing, is 
        adversely affected by a final order issued under this 
        section may, within 30 days, petition for review of the 
        order in the United States Court of Appeals in the 
        circuit wherein the violation is alleged to have 
        occurred or where the violator has his principal place 
        of business or residence, or in the United States Court 
        of Appeals for the District of Columbia Circuit. Review 
        of the order shall be based on a determination of 
        whether the Secretary's findings and conclusions were 
        supported by substantial evidence, or were otherwise 
        not in accordance with law. No objection that has not 
        been urged before the Secretary shall be considered by 
        the court, unless reasonable grounds existed for 
        failure or neglect to do so. The commencement of 
        proceedings under this subsection shall not, unless 
        ordered by the court, operate as a stay of the order of 
        the Secretary.
          (10) All penalties and fines collected under this 
        section shall be deposited into the Highway Trust Fund 
        (other than the Mass Transit Account).
          (11) In any action brought under this section, 
        process may be served without regard to the territorial 
        limits of the district of the State in which the action 
        is brought.
          (12) In any proceeding for criminal contempt for 
        violation of an injunction or restraining order issued 
        under this section, trial shall be by the court, or, 
        upon demand of the accused, by a jury, conducted in 
        accordance with the provisions of rule 42(b) of the 
        Federal Rules of Criminal Procedure.
          (13) The provisions of this subsection shall not 
        affect chapter 51 of this title or any regulation 
        promulgated by the Secretary under chapter 51.
          (14) As used in this subsection, the terms 
        ``commercial motor vehicle'', ``employee'', 
        ``employer'', and ``State'' have the meaning such terms 
        have under section 31132 of this title.
          (15) Impoundment of commercial motor vehicles.--
                  (A) Enforcement of imminent hazard out-of-
                service orders.--
                          (i) The Secretary, or an authorized 
                        State official carrying out motor 
                        carrier safety enforcement activities 
                        under section 31102, may enforce an 
                        imminent hazard out-of-service order 
                        issued under chapters 5, 51, 131 
                        through 149, 311, 313, or 315 of this 
                        title, or a regulation promulgated 
                        thereunder, by towing and impounding a 
                        commercial motor vehicle until the 
                        order is rescinded.
                          (ii) Enforcement shall not 
                        unreasonably interfere with the ability 
                        of a shipper, carrier, broker, or other 
                        party to arrange for the alternative 
                        transportation of any cargo or 
                        passenger being transported at the time 
                        the commercial motor vehicle is 
                        immobilized. In the case of a 
                        commercial motor vehicle transporting 
                        passengers, the Secretary or authorized 
                        State official shall provide 
                        reasonable, temporary, and secure 
                        shelter and accommodations for 
                        passengers in transit.
                          (iii) The Secretary's designee or an 
                        authorized State official carrying out 
                        motor carrier safety enforcement 
                        activities under section 31102, shall 
                        immediately notify the owner of a 
                        commercial motor vehicle of the 
                        impoundment and the opportunity for 
                        review of the impoundment. A review 
                        shall be provided in accordance with 
                        section 554 of title 5, except that the 
                        review shall occur not later than 10 
                        days after the impoundment.
                  (B) Issuance of regulations.--The Secretary 
                shall promulgate regulations on the use of 
                impoundment or immobilization of commercial 
                motor vehicles as a means of enforcing 
                additional out-of-service orders issued under 
                chapters 5, 51, 131 through 149, 311, 313, or 
                315 of this title, or a regulation promulgated 
                thereunder. Regulations promulgated under this 
                subparagraph shall include consideration of 
                public safety, the protection of passengers and 
                cargo, inconvenience to passengers, and the 
                security of the commercial motor vehicle.
                  (C) Definition.--In this paragraph, the term 
                ``impoundment'' or ``impounding'' means the 
                seizing and taking into custody of a commercial 
                motor vehicle or the immobilizing of a 
                commercial motor vehicle through the attachment 
                of a locking device or other mechanical or 
                electronic means.

524. Evasion of regulation of motor carriers

  A person, or an officer, employee, or agent of that person, 
that by any means [knowingly and willfully] tries to evade 
regulation of motor carriers under this chapter, chapter 51, 
subchapter III of chapter 311 (except sections 31138 and 31139) 
or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 
31502 of this title, or a regulation issued under any of those 
provisions, shall be fined at least [$200 but not more than 
$500] $2,000 but not more than $5,000 for the first violation 
and at least [$250 but not more than $2,000] $2,500 but not 
more than $7,500 for a subsequent violation.

525. Disobedience to [subpenas] subpoenas

  A motor carrier, motor carrier of migrant workers, or motor 
private carrier not obeying a [subpena] subpoena or requirement 
of the Secretary of Transportation under this chapter to appear 
and testify or produce records shall be fined at least [$100] 
$1,000 but not more than [$5,000] $10,000, imprisoned for not 
more than one year, or both. The Secretary may withhold, 
suspend, amend, or revoke any part of the registration of a 
person required to register under chapter 139 for failing to 
obey a subpoena or requirement of the Secretary under this 
chapter to appear and testify or produce records.

             SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS

            CHAPTER 51. TRANSPORTATION OF HAZARDOUS MATERIAL

5121. Administrative

  (a) General Authority.--To carry out this chapter, the 
Secretary may investigate, conduct tests, make reports, issue 
subpenas, conduct hearings, require the production of records 
and property, take depositions, and conduct research, 
development, demonstration, and training activities. Except as 
provided in subsections (c) and (d), after notice and an 
opportunity for a hearing, the Secretary may issue an order 
requiring compliance with this chapter or a regulation 
prescribed, or an order, special permit, or approval issued, 
under this chapter.
  (b) Records, Reports, and Information.--A person subject to 
this chapter shall--
          (1) maintain records and property, make reports, and 
        provide information the Secretary by regulation or 
        order requires; and
          (2) make the records, property, reports, and 
        information available for inspection when the Secretary 
        undertakes an investigation or makes a request.
  (c) Inspections and Investigations.--
          (1) In general.--A designated officer, employee, or 
        agent of the Secretary--
                  (A) may inspect and investigate, at a 
                reasonable time and in a reasonable manner, 
                records and property relating to a function 
                described in section 5103(b)(1);
                  (B) except in the case of packaging 
                immediately adjacent to its hazardous material 
                contents, may gain access to, open, and examine 
                a package offered for, or in, transportation 
                when the officer, employee, or agent has an 
                objectively reasonable and articulable belief 
                that the package may contain a hazardous 
                material;
                  (C) may remove from transportation a package 
                or related packages in a shipment offered for 
                or in transportation for which--
                          (i) such officer, employee, or agent 
                        has an objectively reasonable and 
                        articulable belief that the package may 
                        pose an imminent hazard; and
                          (ii) such officer, employee, or agent 
                        contemporaneously documents such belief 
                        in accordance with procedures set forth 
                        in guidance or regulations prescribed 
                        under subsection (e);
                  (D) may gather information from the offeror, 
                carrier, packaging manufacturer or tester, or 
                other person responsible for the package, to 
                ascertain the nature and hazards of the 
                contents of the package;
                  (E) as necessary, under terms and conditions 
                specified by the Secretary, may order the 
                offeror, carrier, packaging manufacturer or 
                tester, or other person responsible for the 
                package to have the package transported to, 
                opened, and the contents examined and analyzed, 
                at a facility appropriate for the conduct of 
                such examination and analysis; and
                  (F) when safety might otherwise be 
                compromised, may authorize properly qualified 
                personnel to assist in the activities conducted 
                under this subsection.
          (2) Display of credentials.--An officer, employee, or 
        agent acting under this subsection shall display proper 
        credentials, in person or in writing, when requested.
          (3) Safe resumption of transportation.--In instances 
        when, as a result of an inspection or investigation 
        under this subsection, an imminent hazard is not found 
        to exist, the Secretary, in accordance with procedures 
        set forth in regulations prescribed under subsection 
        (e), shall assist--
                  (A) in the safe and prompt resumption of 
                transportation of the package concerned; or
                  (B) in any case in which the hazardous 
                material being transported is perishable, in 
                the safe and expeditious resumption of 
                transportation of the perishable hazardous 
                material.

           *       *       *       *       *       *       *


                 CHAPTER 55. INTERMODAL TRANSPORTATION

                  SUBCHAPTER III. FINANCIAL ASSISTANCE

5581. National freight infrastructure investment grants.

  (a) Establishment of Program.--The Secretary of 
Transportation shall establish a competitive grant program to 
provide financial assistance for capital investments that 
improve the efficiency of the national transportation system to 
move freight.
  (b) Eligible Projects.--An applicant is eligible for a grant 
under this section for--
          (1) a port development or improvement project;
          (2) a multimodal terminal facility project;
          (3) a land port of entry project;
          (4) a freight rail improvement or capacity expansion 
        project;
          (5) an intelligent transportation system project 
        primarily for freight benefit that reduces congestion 
        or improves safety;
          (6) a project that improves access to a port or 
        terminal facility;
          (7) a highway project to reduce congestion or improve 
        safety; or
          (8) planning, preparation, or design of any project 
        described in paragraph (1), (2), (3), (4), (5), (6), or 
        (7).
  (c) Project Selection Criteria.--In determining whether to 
award a grant to an eligible applicant under this section, the 
Secretary shall consider the extent to which the project--
          (1) supports the objectives of the National Surface 
        Transportation and Freight Performance Plan developed 
        under section 304;
          (2) leverages Federal investment by encouraging non-
        Federal contributions to the project, including 
        contributions from public-private partnerships;
          (3) improves the mobility of goods and commodities;
          (4) incorporates new and innovative technologies, 
        including freight-related intelligent transportation 
        systems;
          (5) improves energy efficiency or reduces greenhouse 
        gas emissions;
          (6) helps maintain or protect the environment, 
        including reducing air and water pollution;
          (7) reduces congestion;
          (8) improves the condition of the freight 
        infrastructure, including bringing it into a state of 
        good repair;
          (9) improves safety, including reducing 
        transportation accidents, injuries, and fatalities;
          (10) demonstrates that the proposed project cannot be 
        readily and efficiently realized without Federal 
        support and participation; and
          (11) enhances national or regional economic 
        development, growth, and competitiveness.
  (d) Priority.--The Secretary shall give priority to projects 
that have the highest system performance improvement relative 
to their benefit-cost analysis, as measured by the tools 
developed under section 1204 of the Surface Transportation and 
Freight Policy Act of 2011 and those that support domestic 
manufacturing of goods.
  (e) Letters of Intent.--
          (1) In general.--The Secretary may issue a letter of 
        intent to an applicant announcing an intention to 
        obligate, for a major capital project under this 
        section, an amount from future available budget 
        authority specified in law that is not more than the 
        amount stipulated as the financial participation of the 
        Secretary in the project.
          (2) Written notice.--Not later than 30 days before 
        issuing a letter under paragraph (1), the Secretary 
        shall provide written notice of the proposed letter or 
        agreement to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives. The Secretary shall include with the 
        notification a copy of the proposed letter or 
        agreement, the criteria used under subsection (c) for 
        selecting the project for a grant award, and a 
        description of how the project meets such criteria.
          (3) Subject to availability of funds.--An obligation 
        or administrative commitment may be made only when 
        amounts are made available. Each letter of intent shall 
        state that the contingent commitment is not an 
        obligation of the Federal Government, and is subject to 
        the availability of funds under Federal law and to 
        Federal laws in force or enacted after the date of the 
        contingent commitment.
  (f) Federal Share of Net Project Cost.--
          (1) In general.--Based on engineering studies, 
        studies of economic feasibility, and information on the 
        expected use of equipment or facilities, the Secretary 
        shall estimate the net project cost.
          (2) Federal share.--The Federal share of a grant for 
        the project shall not exceed 80 percent of the project 
        net capital cost.
          (3) Priority.--The Secretary shall give priority in 
        allocating future obligations and contingent 
        commitments to incur obligations to grant requests 
        seeking a lower Federal share of the project net 
        capital cost.
  (g) Cooperative Agreements.--
          (1) In general.--An applicant may enter into an 
        agreement with any public, private, or nonprofit entity 
        to cooperatively implement any project funded with a 
        grant under this subchapter.
          (2) Forms of participation.--Participation by an 
        entity under paragraph (1) may consist of--
                  (A) ownership or operation of any land, 
                facility, vehicle, or other physical asset 
                associated with the project;
                  (B) cost-sharing of any project expense or 
                non-Federal share of the project cost, 
                including in kind contributions;
                  (C) carrying out administration, construction 
                management, project management, project 
                operation, or any other management or 
                operational duty associated with the project; 
                and
                  (D) any other form of participation approved 
                by the Secretary.
  (h) Oversight Program.--
          (1) Establishment.--
                  (A) In general.--The Secretary shall 
                establish an oversight program to monitor the 
                effective and efficient use of funds authorized 
                to carry out this section.
                  (B) Minimum requirement.--At a minimum, the 
                oversight program shall be responsive to all 
                areas relating to financial integrity and 
                project delivery.
          (2) Financial integrity.--
                  (A) Financial management systems.--The 
                Secretary shall perform annual reviews that 
                address elements of the applicant's financial 
                management systems that affect projects 
                approved under subsection (a).
                  (B) Project costs.--The Secretary shall 
                develop minimum standards for estimating 
                project costs and shall periodically evaluate 
                the practices of applicants for estimating 
                project costs, awarding contracts, and reducing 
                project costs.
          (3) Project delivery.--The Secretary shall perform 
        annual reviews that address elements of the project 
        delivery system of an applicant, which elements include 
        1 or more activities that are involved in the life 
        cycle of a project from conception to completion of the 
        project.
          (4) Responsibility of the applicants.--
                  (A) In general.--Each applicant shall submit 
                to the Secretary for approval such plans, 
                specifications, and estimates for each proposed 
                project as the Secretary may require.
                  (B) Applicant subrecipients.--The applicant 
                shall be responsible for determining that a 
                subrecipient of Federal funds under this 
                section--
                          (i) has adequate project delivery 
                        systems for projects approved under 
                        this section; and
                          (ii) has sufficient accounting 
                        controls to properly manage such 
                        Federal funds.
                  (C) Periodic review.--The Secretary shall 
                periodically review the monitoring of 
                subrecipients by the applicant.
          (5) Specific oversight responsibilities.--Nothing in 
        this section shall affect or discharge any oversight 
        responsibility of the Secretary specifically provided 
        for under this title or other Federal law.
  (i) Major Projects.--
          (1) In general.--A recipient of a grant for a project 
        under this section with an estimated total cost of 
        $500,000,000 or more, and a recipient for such other 
        projects as may be identified by the Secretary, shall 
        submit to the Secretary for each project--
                  (A) a project management plan; and
                  (B) an annual financial plan.
          (2) Project management plan.--A project management 
        plan shall document--
                  (A) the procedures and processes that are in 
                effect to provide timely information to the 
                project decisionmakers to effectively manage 
                the scope, costs, schedules, and quality of, 
                and the Federal requirements applicable to, the 
                project; and
                  (B) the role of the agency leadership and 
                management team in the delivery of the project.
          (3) Financial plan.--A financial plan shall--
                  (A) be based on detailed estimates of the 
                cost to complete the project; and
                  (B) provide for the annual submission of 
                updates to the Secretary that are based on 
                reasonable assumptions, as determined by the 
                Secretary, of future increases in the cost to 
                complete the project.
  (j) Other Projects.--A recipient of Federal financial 
assistance for a project under this title with an estimated 
total cost of $100,000,000 or more that is not covered by 
subsection (i) shall prepare an annual financial plan. Annual 
financial plans prepared under this subsection shall be made 
available to the Secretary for review upon the request of the 
Secretary.
  (k) Other Terms and Conditions.--The Secretary shall 
determine what additional grant terms and conditions are 
necessary and appropriate to meet the requirements of this 
section.
  (l) Regulations.--Not later than 1 year after the date of 
enactment of the Surface Transportation and Freight Policy Act 
of 2011, the Secretary shall prescribe regulations to implement 
this section.
  (m) Applicant Defined.--In this subchapter, the term 
``applicant'' includes a State, a political subdivision of a 
State, a metropolitan planning organization, government-
sponsored authorities and corporations, and the District of 
Columbia.
  (n) Secretarial Oversight.--
          (1) In general.--The Secretary may use not more than 
        1 percent of amounts made available in a fiscal year 
        for capital projects under this subchapter to enter 
        into contracts to oversee the construction of such 
        projects.
          (2) Permissible uses.--The Secretary may use amounts 
        available under paragraph (1) to make contracts for 
        safety, procurement, management, and financial 
        compliance reviews and audits of a recipient of amounts 
        under paragraph (1).
          (3) Cost.--The Federal Government shall pay the 
        entire cost of carrying out a contract under this 
        subsection.

                 SUBTITLE IV. INTERSTATE TRANSPORTATION

                              PART A. RAIL

                         CHAPTER 109. LICENSING

10903. Filing and procedure for application to abandon or discontinue

  (a) (1) A rail carrier providing transportation subject to 
the jurisdiction of the Board under this part who intends to--
                  (A) abandon any part of its railroad lines; 
                or
                  (B) discontinue the operation of all rail 
                transportation over any part of its railroad 
                lines, must file an application relating 
                thereto with the Board. An abandonment or 
                discontinuance may be carried out only as 
                authorized under this chapter.
          (2) When a rail carrier providing transportation 
        subject to the jurisdiction of the Board under this 
        part files an application, the application shall 
        include--
                  (A) an accurate and understandable summary of 
                the rail carrier's reasons for the proposed 
                abandonment or discontinuance;
                  (B) a statement indicating that each 
                interested person is entitled to make 
                recommendations to the Board on the future of 
                the rail line; and
                  (C) (i) a statement that the line is 
                available for subsidy or sale in accordance 
                with section 10904 of this title, (ii) a 
                statement that the rail carrier will promptly 
                provide to each interested party an estimate of 
                the annual subsidy and minimum purchase price, 
                calculated in accordance with section 10904 of 
                this title, and (iii) the name and business 
                address of the person who is authorized to 
                discuss the subsidy or sale terms for the rail 
                carrier.
          (3) The rail carrier shall--
                  (A) send by certified mail notice of the 
                application to the chief executive officer of 
                each State that would be directly affected by 
                the proposed abandonment or discontinuance;
                  (B) post a copy of the notice in each 
                terminal and station on each portion of a 
                railroad line proposed to be abandoned or over 
                which all transportation is to be discontinued;
                  (C) publish a copy of the notice for 3 
                consecutive weeks in a newspaper of general 
                circulation in each county in which each such 
                portion is located;
                  (D) mail a copy of the notice, to the extent 
                practicable, to all shippers that have made 
                significant use (as designated by the Board) of 
                the railroad line during the 12 months 
                preceding the filing of the application; and
                  (E) attach to the application filed with the 
                Board an affidavit certifying the manner in 
                which subparagraphs (A) through (D) of this 
                paragraph have been satisfied, and certifying 
                that subparagraphs (A) through (D) have been 
                satisfied within the most recent 30 days prior 
                to the date the application is filed.
  (b) (1) Except as provided in subsection (d), abandonment and 
discontinuance may occur as provided in section 10904.
          (2) The Board shall require as a condition of any 
        abandonment or discontinuance under this section 
        provisions to protect the interests of employees. The 
        provisions shall be at least as beneficial to those 
        interests as the provisions established under sections 
        11326(a) and [24706(c) of this title] 24706(c) of this 
        title before May 31, 1998.

           *       *       *       *       *       *       *


PART B. MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

                       CHAPTER 135. JURISDICTION

               SUBCHAPTER I. MOTOR CARRIER TRANSPORTATION

13506. Miscellaneous motor carrier transportation exemptions

  (a) In General.--Neither the Secretary nor the Board has 
jurisdiction under this part over--
          (1) a motor vehicle transporting only school children 
        and teachers to or from school;
          (2) a motor vehicle providing taxicab service;
          (3) a motor vehicle owned or operated by or for a 
        hotel and only transporting hotel patrons between the 
        hotel and the local station of a carrier;
          (4) a motor vehicle controlled and operated by a 
        farmer and transporting--
                  (A) the farmer's agricultural or 
                horticultural commodities and products; or
                  (B) supplies to the farm of the farmer;
          (5) a motor vehicle controlled and operated by a 
        cooperative association (as defined by section 15(a) of 
        the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or 
        by a federation of cooperative associations if the 
        federation has no greater power or purposes than a 
        cooperative association, except that if the cooperative 
        association or federation provides transportation for 
        compensation between a place in a State and a place in 
        another State, or between a place in a State and 
        another place in the same State through another State--
                  (A) for a nonmember that is not a farmer, 
                cooperative association, federation, or the 
                United States Government, the transportation 
                (except for transportation otherwise exempt 
                under this subchapter)--
                          (i) shall be limited to 
                        transportation incidental to the 
                        primary transportation operation of the 
                        cooperative association or federation 
                        and necessary for its effective 
                        performance; and
                          (ii) may not exceed in each fiscal 
                        year 25 percent of the total 
                        transportation of the cooperative 
                        association or federation between those 
                        places, measured by tonnage; and
                  (B) the transportation for all nonmembers may 
                not exceed in each fiscal year, measured by 
                tonnage, the total transportation between those 
                places for the cooperative association or 
                federation and its members during that fiscal 
                year;
          (6) transportation by motor vehicle of--
                  (A) ordinary livestock;
                  (B) agricultural or horticultural commodities 
                (other than manufactured products thereof);
                  (C) commodities listed as exempt in the 
                Commodity List incorporated in ruling numbered 
                107, March 19, 1958, Bureau of Motor Carriers, 
                Interstate Commerce Commission, other than 
                frozen fruits, frozen berries, frozen 
                vegetables, cocoa beans, coffee beans, tea, 
                bananas, or hemp, or wool imported from a 
                foreign country, wool tops and noils, or wool 
                waste (carded, spun, woven, or knitted);
                  (D) cooked or uncooked fish, whether breaded 
                or not, or frozen or fresh shellfish, or 
                byproducts thereof not intended for human 
                consumption, other than fish or shellfish that 
                have been treated for preserving, such as 
                canned, smoked, pickled, spiced, corned, or 
                kippered products; and
                  (E) livestock and poultry feed and 
                agricultural seeds and plants, if such products 
                (excluding products otherwise exempt under this 
                paragraph) are transported to a site of 
                agricultural production or to a business 
                enterprise engaged in the sale to agricultural 
                producers of goods used in agricultural 
                production;
          (7) a motor vehicle used only to distribute 
        newspapers;
          (8) (A) transportation of passengers by motor vehicle 
        incidental to transportation by aircraft;
                  (B) transportation of property (including 
                baggage) by motor vehicle as part of a 
                continuous movement which, prior or subsequent 
                to such part of the continuous movement, has 
                been or will be transported by an air carrier 
                or (to the extent so agreed by the United 
                States and approved by the Secretary) by a 
                foreign air carrier; or
                  (C) transportation of property by motor 
                vehicle in lieu of transportation by aircraft 
                because of adverse weather conditions or 
                mechanical failure of the aircraft or other 
                causes due to circumstances beyond the control 
                of the carrier or shipper;
          (9) the operation of a motor vehicle in a national 
        park or national monument;
          (10) a motor vehicle carrying not more than 15 
        individuals in a single, daily roundtrip to commute to 
        and from work;
          (11) transportation of used pallets and used empty 
        shipping containers (including intermodal cargo 
        containers), and other used shipping devices (other 
        than containers or devices used in the transportation 
        of motor vehicles or parts of motor vehicles);
          (12) transportation of natural, crushed, vesicular 
        rock to be used for decorative purposes;
          (13) transportation of wood chips; or
          [(14) brokers for motor carriers of passengers, 
        except as provided in section 13904(d); or]
          [(15)] (14) transportation of broken, crushed, or 
        powdered glass.

           *       *       *       *       *       *       *


                       CHAPTER 139. REGISTRATION

13902. Registration of motor carriers

  (a) Motor Carrier Generally.--
          [(1) In general.--Except as provided in this section, 
        the Secretary shall register a person to provide 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 of this title as a motor carrier if 
        the Secretary finds that the person is willing and able 
        to comply with--
                  [(A) this part and the applicable regulations 
                of the Secretary and the Board;
                  [(B)
                          [(i) any safety regulations imposed 
                        by the Secretary;
                          [(ii) the duties of employers and 
                        employees established by the Secretary 
                        under section 31135; and
                          [(iii) the safety fitness 
                        requirements established by the 
                        Secretary under section 31144;
                  [(C) the accessibility requirements 
                established by the Secretary under subpart H of 
                part 37 of title 49, Code of Federal 
                Regulations, or such successor regulations to 
                those accessibility requirements as the 
                Secretary may issue, for transportation 
                provided by an over-the-road bus; and
                  [(D) the minimum financial responsibility 
                requirements established by the Secretary 
                pursuant to sections 13906 and 31138.]
          (1) In general.--Except as otherwise provided in this 
        section, the Secretary of Transportation may not 
        register a person to provide transportation subject to 
        jurisdiction under subchapter I of chapter 135 as a 
        motor carrier unless the Secretary determines that the 
        person--
                  (A) is willing and able to comply with--
                          (i) this part and the applicable 
                        regulations of the Secretary and the 
                        Board;
                          (ii) any safety regulations imposed 
                        by the Secretary;
                          (iii) the duties of employers and 
                        employees established by the Secretary 
                        under section 31135;
                          (iv) the safety fitness requirements 
                        established by the Secretary under 
                        section 31144;
                          (v) the accessibility requirements 
                        established by the Secretary under 
                        subpart H of part 37 of title 49, Code 
                        of Federal Regulations (or successor 
                        regulations), for transportation 
                        provided by an over-the-road bus; and
                          (vi) the minimum financial 
                        responsibility requirements established 
                        by the Secretary under sections 13906, 
                        31138, and 31139;
                  (B) has submitted a comprehensive management 
                plan documenting that the person has management 
                systems in place to ensure compliance with 
                safety regulations imposed by the Secretary;
                  (C) has disclosed any relationship involving 
                common ownership, common management, common 
                control, or common familial relationship 
                between that person and any other motor 
                carrier, freight forwarder, or broker, or any 
                other applicant for motor carrier, freight 
                forwarder, or broker registration, or a 
                successor (as that term is defined under 
                section 31153), if the relationship occurred in 
                the 5-year period preceding the date of the 
                filing of the application for registration; and
                  (D) after the Secretary establishes a written 
                proficiency examination pursuant to section 
                101(b) of the Commercial Motor Vehicle Safety 
                Enhancement Act of 2011, has passed the written 
                proficiency examination.
          (2) Additional registration requirements for 
        household goods motor carriers.--In addition to meeting 
        the requirements of paragraph (1), the Secretary may 
        register a person to provide transportation of 
        household goods as a household goods motor carrier only 
        after that person--
                  (A) provides evidence of participation in an 
                arbitration program and provides a copy of the 
                notice of the arbitration program as required 
                by section 14708(b)(2);
                  (B) identifies its tariff and provides a copy 
                of the notice of the availability of that 
                tariff for inspection as required by [section 
                13702(c);] section 13702(c); and
                  [(C) provides evidence that it has access to, 
                has read, is familiar with, and will observe 
                all applicable Federal laws relating to 
                consumer protection, estimating, consumers' 
                rights and responsibilities, and options for 
                limitations of liability for loss and damage; 
                and]
                  (C) demonstrates, before being registered, 
                through successful completion of a proficiency 
                examination established by the Secretary, 
                knowledge and intent to comply with applicable 
                Federal laws relating to consumer protection, 
                estimating, consumers' rights and 
                responsibilities, and options for limitations 
                of liability for loss and damage.
                  [(D) discloses any relationship involving 
                common stock, common ownership, common 
                management, or common familial relationships 
                between that person and any other motor 
                carrier, freight forwarder, or broker of 
                household goods within 3 years of the proposed 
                date of registration.]\1\
---------------------------------------------------------------------------
    \1\ The amendments to paragraph (2) take effect 2 years after the 
date of enactment of the Commercial Motor Vehicle Safety Enhancement 
Act of 2011.
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          (3) Consideration of evidence; findings.--The 
        Secretary shall consider, and to the extent applicable, 
        make findings on any evidence demonstrating that the 
        registrant is unable to comply with any applicable 
        requirement of paragraph (1) or, in the case of a 
        registrant to which paragraph (2) applies, paragraph 
        (1) or (2).
          (4) Withholding.--If the Secretary determines that a 
        registrant under this section does not meet, or is not 
        able to meet, any requirement of paragraph (1) or, in 
        the case of a registrant to which paragraph (2) 
        applies, paragraph (1) or (2), the Secretary shall 
        withhold registration.
          (5) Limitation on complaints.--The Secretary may hear 
        a complaint from any person concerning a registration 
        under this subsection only on the ground that the 
        registrant fails or will fail to comply with this part, 
        the applicable regulations of the Secretary and the 
        Board (including the accessibility requirements 
        established by the Secretary under subpart H of part 37 
        of title 49, Code of Federal Regulations, or such 
        successor regulations to those accessibility 
        requirements as the Secretary may issue, for 
        transportation provided by an over-the-road bus), the 
        safety regulations of the Secretary, or the safety 
        fitness or minimum financial responsibility 
        requirements of paragraph (1) of this subsection. In 
        the case of a registration for the transportation of 
        household goods as a household goods motor carrier, the 
        Secretary may also hear a complaint on the ground that 
        the registrant fails or will fail to comply with the 
        requirements of paragraph (2) of this subsection.
  (b) Motor Carriers of Passengers.--
          (1) Additional registration requirements for 
        providers or motorcoach services.--In addition to 
        meeting the requirements under subsection (a)(1), the 
        Secretary may not register a person to provide 
        motorcoach services until after the person--
                  (A) undergoes a preauthorization safety 
                audit, including verification, in a manner 
                sufficient to demonstrate the ability to comply 
                with Federal rules and regulations, of--
                          (i) a drug and alcohol testing 
                        program under part 40 of title 49, Code 
                        of Federal Regulations;
                          (ii) the carrier's system of 
                        compliance with hours-of-service rules, 
                        including hours-of-service records;
                          (iii) the ability to obtain required 
                        insurance;
                          (iv) driver qualifications, including 
                        the validity of the commercial driver's 
                        license of each driver who will be 
                        operating under such authority;
                          (v) disclosure of common ownership, 
                        common control, common management, 
                        common familial relationship, or other 
                        corporate relationship with another 
                        motor carrier or applicant for motor 
                        carrier authority during the past 3 
                        years;
                          (vi) records of the State 
                        inspections, or of a Level I or V 
                        Commercial Vehicle Safety Alliance 
                        Inspection, for all vehicles that will 
                        be operated by the carrier;
                          (vii) safety management programs, 
                        including vehicle maintenance and 
                        repair programs; and
                          (viii) the ability to comply with the 
                        Americans with Disabilities Act of 1990 
                        (42 U.S.C. 12101 et seq.), and the 
                        Over-the-Road Bus Transportation 
                        Accessibility Act of 2007 (122 Stat. 
                        2915);
                  (B) has been interviewed to review safety 
                management controls and the carrier's written 
                safety oversight policies and practices; and
                  (C) through the successful completion of a 
                written examination developed by the Secretary, 
                has demonstrated proficiency to comply with and 
                carry out the requirements and regulations 
                described in subsection (a)(1).
          (2) Pre-authorization safety audit.--The pre-
        authorization safety audit required under paragraph 
        (1)(A) shall be completed on-site not later than 90 
        days following the submission of an application for 
        operating authority.
          (3) Fee.--The Secretary may establish, under section 
        9701 of title 31, a fee of not more than $1,200 for new 
        registrants that as nearly as possible covers the costs 
        of performing a preauthorization safety audit. Amounts 
        collected under this subsection shall be deposited in 
        the Highway Trust Fund (other than the Mass Transit 
        Account).
          [(1)] (4) Registration of private recipients of 
        governmental assistance.--The Secretary shall register 
        under subsection (a)(1) a private recipient of 
        governmental assistance to provide special or charter 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 as a motor carrier of passengers if 
        the Secretary finds that the recipient meets the 
        requirements of subsection (a)(1), unless the Secretary 
        finds, on the basis of evidence presented by any person 
        objecting to the registration, that the transportation 
        to be provided pursuant to the registration is not in 
        the public interest.
          [(2)] (5) Registration of public recipients of 
        governmental assistance.--
                  (A) Charter transportation.--The Secretary 
                shall register under subsection (a)(1) a public 
                recipient of governmental assistance to provide 
                special or charter transportation subject to 
                jurisdiction under subchapter I of chapter 135 
                as a motor carrier of passengers if the 
                Secretary finds that--
                          (i) the recipient meets the 
                        requirements of subsection (a)(1); and
                          (ii) (I) no motor carrier of 
                        passengers (other than a motor carrier 
                        of passengers which is a public 
                        recipient of governmental assistance) 
                        is providing, or is willing to provide, 
                        the transportation; or
                                  (II) the transportation is to 
                                be provided entirely in the 
                                area in which the public 
                                recipient provides regularly 
                                scheduled mass transportation 
                                services.
                  (B) Regular-route transportation.--The 
                Secretary shall register under subsection 
                (a)(1) a public recipient of governmental 
                assistance to provide regular-route 
                transportation subject to jurisdiction under 
                subchapter I of chapter 135 as a motor carrier 
                of passengers if the Secretary finds that the 
                recipient meets the requirements of subsection 
                (a)(1), unless the Secretary finds, on the 
                basis of evidence presented by any person 
                objecting to the registration, that the 
                transportation to be provided pursuant to the 
                registration is not in the public interest.
                  (C) Treatment of certain public recipients.--
                Any public recipient of governmental assistance 
                which is providing or seeking to provide 
                transportation of passengers subject to 
                jurisdiction under subchapter I of chapter 135 
                shall, for purposes of this part, be treated as 
                a person which is providing or seeking to 
                provide transportation of passengers subject to 
                such jurisdiction.
          [(3)] (6) Intrastate transportation by interstate 
        carriers.--A motor carrier of passengers that is 
        registered by the Secretary under subsection (a) is 
        authorized to provide regular-route transportation 
        entirely in one State as a motor carrier of passengers 
        if such intrastate transportation is to be provided on 
        a route over which the carrier provides interstate 
        transportation of passengers.
          [(4)] (7) Preemption of State regulation regarding 
        certain service.--No State or political subdivision 
        thereof and no interstate agency or other political 
        agency of 2 or more States shall enact or enforce any 
        law, rule, regulation, standard or other provision 
        having the force and effect of law relating to the 
        provision of pickup and delivery of express packages, 
        newspapers, or mail in a commercial zone if the 
        shipment has had or will have a prior or subsequent 
        movement by bus in intrastate commerce and, if a city 
        within the commercial zone, is served by a motor 
        carrier of passengers providing regular-route 
        transportation of passengers subject to jurisdiction 
        under subchapter I of chapter 135.
          [(5)] (8) Jurisdiction over certain intrastate 
        transportation.--Subject to section 14501(a), any 
        intrastate transportation authorized by this subsection 
        shall be treated as transportation subject to 
        jurisdiction under subchapter I of chapter 135 until 
        such time as the carrier takes such action as is 
        necessary to establish under the laws of such State 
        rates, rules, and practices applicable to such 
        transportation, but in no case later than the 30th day 
        following the date on which the motor carrier of 
        passengers first begins providing transportation 
        entirely in one State under this paragraph.
          [(6)] (9) Special operations.--This subsection shall 
        not apply to any regular-route transportation of 
        passengers provided entirely in one State which is in 
        the nature of a special operation.
          [(7)] (10) Suspension or revocation.--Intrastate 
        transportation authorized under this subsection may be 
        suspended or revoked by the Secretary under section 
        13905 of this title at any time.
          [(8)] (11) Definitions.--In this subsection, the 
        following definitions apply:
                  (A) Public recipient of governmental 
                assistance.--The term ``public recipient of 
                governmental assistance'' means--
                          (i) any State,
                          (ii) any municipality or other 
                        political subdivision of a State,
                          (iii) any public agency or 
                        instrumentality of one or more States 
                        and municipalities and political 
                        subdivisions of a State,
                          (iv) any Indian tribe, and
                          (v) any corporation, board, or other 
                        person owned or controlled by any 
                        entity described in clause (i), (ii), 
                        (iii), or (iv),
                which before, on, or after January 1, 1996, 
                received governmental assistance for the 
                purchase or operation of any bus.
                  (B) Private recipient of government 
                assistance.--The term ``private recipient of 
                government assistance'' means any person (other 
                than a person described in subparagraph (A)) 
                who before, on, or after January 1, 1996, 
                received governmental financial assistance in 
                the form of a subsidy for the purchase, lease, 
                or operation of any bus.\2\
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    \2\ The amendments to subsection (b) take effect 1 year after the 
date of enactment of the Commercial Motor Vehicle Safety Enhancement 
Act of 2011.
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  (c) Restrictions on Motor Carriers Comiciled in or Owned or 
Controlled by Nationals of a Contiguous Foreign Country.--
          (1) Prevention of discriminatory practices.--If the 
        President, or the delegate thereof, determines that an 
        act, policy, or practice of a foreign country 
        contiguous to the United States, or any political 
        subdivision or any instrumentality of any such country 
        is unreasonable or discriminatory and burdens or 
        restricts United States transportation companies 
        providing, or seeking to provide, motor carrier 
        transportation to, from, or within such foreign 
        country, the President or such delegate may--
                  (A) seek elimination of such practices 
                through consultations; or
                  (B) notwithstanding any other provision of 
                law, suspend, modify, amend, condition, or 
                restrict operations, including geographical 
                restriction of operations, in the United States 
                by motor carriers of property or passengers 
                domiciled in such foreign country or owned or 
                controlled by persons of such foreign country.
          (2) Equalization of treatment.--Any action taken 
        under paragraph (1)(A) to eliminate an act, policy, or 
        practice shall be so devised so as to equal to the 
        extent possible the burdens or restrictions imposed by 
        such foreign country on United States transportation 
        companies.
          (3) Removal or modification.--The President, or the 
        delegate thereof, may remove or modify in whole or in 
        part any action taken under paragraph (1)(A) if the 
        President or such delegate determines that such removal 
        or modification is consistent with the obligations of 
        the United States under a trade agreement or with 
        United States transportation policy.
          (4) Protection of existing operations.--Unless and 
        until the President, or the delegate thereof, makes a 
        determination under paragraph (1) or (3), nothing in 
        this subsection shall affect--
                  (A) operations of motor carriers of property 
                or passengers domiciled in any contiguous 
                foreign country or owned or controlled by 
                persons of any contiguous foreign country 
                permitted in the commercial zones along the 
                United States-Mexico border as such zones were 
                defined on December 31, 1995; or
                  (B) any existing restrictions on operations 
                of motor carriers of property or passengers 
                domiciled in any contiguous foreign country or 
                owned or controlled by persons of any 
                contiguous foreign country or any modifications 
                thereof pursuant to section 6 of the Bus 
                Regulatory Reform Act of 1982.
          (5) Publication; comment.--Unless the President, or 
        the delegate thereof, determines that expeditious 
        action is required, the President shall publish in the 
        Federal Register any determination under paragraph (1) 
        or (3), together with a description of the facts on 
        which such a determination is based and any proposed 
        action to be taken pursuant to paragraph (1)(B) or (3), 
        and provide an opportunity for public comment.
          (6) Delegation to Secretary.--The President may 
        delegate any or all authority under this subsection to 
        the Secretary, who shall consult with other agencies as 
        appropriate. In accordance with the directions of the 
        President, the Secretary may issue regulations to 
        enforce this subsection.
          (7) Civil actions.--Either the Secretary or the 
        Attorney General may bring a civil action in an 
        appropriate district court of the United States to 
        enforce this subsection or a regulation prescribed or 
        order issued under this subsection. The court may award 
        appropriate relief, including injunctive relief.
          (8) Limitation on statutory construction.--This 
        subsection shall not be construed as affecting the 
        requirement for all foreign motor carriers and foreign 
        motor private carriers operating in the United States 
        to comply with all applicable laws and regulations 
        pertaining to fitness, safety of operations, financial 
        responsibility, and taxes imposed by section 4481 of 
        the Internal Revenue Code of 1986.
  (d) Transition Rule.--
          (1) In general.--Pending the implementation of the 
        rulemaking required by section 13908, the Secretary may 
        register a person under this section--
                  (A) as a motor common carrier if such person 
                would have been issued a certificate to provide 
                transportation as a motor common carrier under 
                this subtitle on December 31, 1995; and
                  (B) as a motor contract carrier if such 
                person would have been issued a permit to 
                provide transportation as a motor contract 
                carrier under this subtitle on such day.
          (2) Definitions.--In this subsection, the terms 
        ``motor common carrier'' and ``motor contract carrier'' 
        have the meaning such terms had under section 10102 as 
        such section was in effect on December 31, 1995.
          (3) Termination.--This subsection shall cease to be 
        in effect on the transition termination date.
  (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] motor carrier 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] 
        order the motor carrier operations 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, United 
        States Code; 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.
  (f) Modification of Carrier Registration.--
          (1) In general.--On and after the transition 
        termination date, the Secretary--
                  (A) may not register a motor carrier under 
                this section as a motor common carrier or a 
                motor contract carrier;
                  (B) shall register applicants under this 
                section as motor carriers; and
                  (C) shall issue any motor carrier registered 
                under this section after that date a motor 
                carrier certificate of registration that 
                specifies whether the holder of the certificate 
                may provide transportation of persons, 
                household goods, other property, or any 
                combination thereof.
          (2) Pre-existing certificates and permits.--The 
        Secretary shall redesignate any motor carrier 
        certificate or permit issued before the transition 
        termination date as a motor carrier certificate of 
        registration. On and after the transition termination 
        date, any person holding a motor carrier certificate of 
        registration redesignated under this paragraph may 
        provide both contract carriage (as defined in section 
        13102(4)(B)) and transportation under terms and 
        conditions meeting the requirements of section 
        13710(a)(1). The Secretary may not, pursuant to any 
        regulation or form issued before or after the 
        transition termination date, make any distinction among 
        holders of motor carrier certificates of registration 
        on the basis of whether the holder would have been 
        classified as a common carrier or as a contract carrier 
        under--
                  (A) subsection (d) of this section, as that 
                section was in effect before the transition 
                termination date; or
                  (B) any other provision of this title that 
                was in effect before the transition termination 
                date.
          (3) Transition termination date defined.--In this 
        section, the term ``transition termination date'' means 
        the first day of January occurring more than 12 months 
        after the date of enactment of the Unified Carrier 
        Registration Act of 2005.
  (g) Motor Carrier Defined.--In this section and sections 
13905 and 13906, the term ``motor carrier'' includes foreign 
motor private carriers.
  (h) Update of Registration.--The Secretary may require a 
registrant to update its registration under this section 
periodically or not later than 30 days after a change in the 
registrant's address, other contact information, officers, 
process agent, or other essential information, as determined by 
the Secretary.

13903. Registration of freight forwarders

  (a) In General.--The Secretary shall register a person to 
provide service subject to jurisdiction under subchapter III of 
chapter 135 as a freight forwarder if the Secretary finds that 
the person is fit, willing, and able to provide the service and 
to comply with this part and applicable regulations of the 
Secretary and the Board.
  (b) Registration as Carrier Required.--The freight forwarder 
may provide transportation as the carrier itself only if the 
freight forwarder also has registered to provide transportation 
as a carrier under this chapter.
  (c) Update of Registration.--The Secretary may require a 
freight forwarder to update its registration under this section 
periodically or not later than 30 days after a change in the 
freight forwarder's address, other contact information, 
officers, process agent, or other essential information, as 
determined by the Secretary.

13904. Registration of brokers

  (a) In General.--The Secretary shall register, subject to 
section 13906(b), a person to be a broker for transportation 
[of property] subject to jurisdiction under subchapter I of 
chapter 135, if the Secretary finds that the person is fit, 
willing, and able to be a broker for transportation and to 
comply with this part and applicable regulations of the 
Secretary.
  (b) Registration as Carrier Required.--
          (1) In general.--The broker may provide the 
        transportation itself only if the broker also has been 
        registered to provide the transportation as a motor 
        carrier under this chapter.
          (2) Limitation.--This subsection does not apply to a 
        motor carrier registered under this chapter or to an 
        employee or agent of the motor carrier to the extent 
        the transportation is to be provided entirely by the 
        motor carrier, with other registered motor carriers, or 
        with rail or water carriers.
  (c) Regulations to Protect Shippers.--Regulations of the 
Secretary applicable to brokers registered under this section 
shall provide for the protection of shippers by motor vehicle.
  (d) Bond and Insurance.--The Secretary may impose on brokers 
for motor carriers of passengers such requirements for bonds or 
insurance or both as the Secretary determines are needed to 
protect passengers and carriers dealing with such brokers.
  (e) Update of Registration.--The Secretary may require a 
broker to update its registration under this section 
periodically or not later than 30 days after a change in the 
broker's address, other contact information, officers, process 
agent, or other essential information, as determined by the 
Secretary.

13905. Effective periods of registration

  (a) Person Holding ICC Authority.--Any person having 
authority to provide transportation or service as a motor 
carrier, freight forwarder, or broker under this title, as in 
effect on December 31, 1995, shall be deemed, for purposes of 
this part, to be registered to provide such transportation or 
service under this part.
  (b) Person Registered with Secretary.--
          (1) In general.--Except as provided in paragraph (2), 
        any person having registered with the Secretary to 
        provide transportation or service as a motor carrier or 
        motor private carrier under this title, as in effect on 
        January 1, 2005, but not having registered pursuant to 
        section 13902(a), shall be treated, for purposes of 
        this part, to be registered to provide such 
        transportation or service for purposes of sections 
        13908 and 14504a.
          (2) Exclusively intrastate operators.--Paragraph (1) 
        does not apply to a motor carrier or motor private 
        carrier (including a transporter of waste or recyclable 
        materials) engaged exclusively in intrastate 
        transportation operations.
  (c) In General.--Except as otherwise provided in this part, 
each registration issued under section 13902, 13903, or 13904 
shall be effective from the date specified by the Secretary and 
shall remain in effect for such period as the Secretary 
determines appropriate by regulation.
  (d) Suspension, Amendments, and Revocations.--
          [(1) In general.--On application of the registrant, 
        the Secretary may amend or revoke a registration. On 
        complaint or on the Secretary's own initiative and 
        after notice and an opportunity for a proceeding, the 
        Secretary may (A) suspend, amend, or revoke any part of 
        the registration of a motor carrier, broker, or freight 
        forwarder for willful failure to comply with this part, 
        an applicable regulation or order of the Secretary or 
        of the Board (including the accessibility requirements 
        established by the Secretary under subpart H of part 37 
        of title 49, Code of Federal Regulations, or such 
        successor regulations to those accessibility 
        requirements as the Secretary may issue, for 
        transportation provided by an over-the-road bus), or a 
        condition of its registration; and (B) suspend, amend, 
        or revoke any part of the registration of a motor 
        carrier, broker, or freight forwarder: (i) for failure 
        to pay a civil penalty imposed under chapter 5, 51, 
        149, or 311 of this title; or (ii) for failure to 
        arrange and abide by an acceptable payment plan for 
        such civil penalty, within 90 days of the time 
        specified by order of the Secretary for the payment of 
        such penalty. Subparagraph (B) shall not apply to any 
        person who is unable to pay a civil penalty because 
        such person is a debtor in a case under chapter 11 of 
        title 11, United States Code.]
          (1) Applications.--On application of the registrant, 
        the Secretary may amend or revoke a registration.
          (2) Complaints and actions on secretary's own 
        initiative.--On complaint or on the Secretary's own 
        initiative and after notice and an opportunity for a 
        proceeding, the Secretary may--
                  (A) suspend, amend, or revoke any part of the 
                registration of a motor carrier, foreign motor 
                carrier, foreign motor private carrier, broker, 
                or freight forwarder for willful failure to 
                comply with--
                          (i) this part;
                          (ii) an applicable regulation or 
                        order of the Secretary or the Board, 
                        including the accessibility 
                        requirements established by the 
                        Secretary under subpart H of part 37 of 
                        title 49, Code of Federal Regulations 
                        (or successor regulations), for 
                        transportation provided by an over-the-
                        road bus; or
                          (iii) a condition of its 
                        registration;
                  (B) withhold, suspend, amend, or revoke any 
                part of the registration of a motor carrier, 
                foreign motor carrier, foreign motor private 
                carrier, broker, or freight forwarder for 
                failure--
                          (i) to pay a civil penalty imposed 
                        under chapter 5, 51, 149, or 311;
                          (ii) to arrange and abide by an 
                        acceptable payment plan for such civil 
                        penalty, not later than 90 days after 
                        the date specified by order of the 
                        Secretary for the payment of such 
                        penalty; or
                          (iii) for failure to obey a subpoena 
                        issued by the Secretary;
                  (C) withhold, suspend, amend, or revoke any 
                part of a registration of a motor carrier, 
                foreign motor carrier, foreign motor private 
                carrier, broker, or freight forwarder following 
                a determination by the Secretary that the motor 
                carrier, broker, or freight forwarder failed to 
                disclose, in its application for registration, 
                a material fact relevant to its willingness and 
                ability to comply with--
                          (i) this part;
                          (ii) an applicable regulation or 
                        order of the Secretary or the Board; or
                          (iii) a condition of its 
                        registration; or
                  (D) withhold, suspend, amend, or revoke any 
                part of a registration of a motor carrier, 
                foreign motor carrier, foreign motor private 
                carrier, broker, or freight forwarder if the 
                Secretary finds that--
                          (i) the motor carrier, broker, or 
                        freight forwarder is or was related 
                        through common ownership, common 
                        management, common control, or common 
                        familial relationship to any other 
                        motor carrier, broker, or freight 
                        forwarder, or any other applicant for 
                        motor carrier, broker, or freight 
                        forwarder registration that the 
                        Secretary determines is or was 
                        unwilling or unable to comply with the 
                        relevant requirements listed in section 
                        13902, 13903, or 13904; or
                          (ii) the person is the successor, as 
                        defined in section 31153, to a person 
                        who is or was unwilling or unable to 
                        comply with the relevant requirements 
                        of section 13902, 13903, or 13904.
          (3) Limitation.--Paragraph (2)(B) shall not apply to 
        a person who is unable to pay a civil penalty because 
        the person is a debtor in a case under chapter 11 of 
        title 11.
          [(2)] (4) Regulations.--Not later than 12 months 
        after the date of the enactment of this paragraph, the 
        Secretary, after notice and opportunity for public 
        comment, shall issue regulations to provide for the 
        suspension, amendment, or revocation of a registration 
        under this part for failure to pay a civil penalty as 
        provided in [paragraph (1)(B)] paragraph (2)(B).
  (e) Procedure.--Except on application of the registrant, or 
if the Secretary determines that the registrant failed to 
disclose a material fact in an application for registration in 
accordance with subsection (d)(2)(C), the Secretary may revoke 
a registration of a motor carrier, freight forwarder, or 
broker, only after--
          (1) the Secretary has issued an order to the 
        registrant under section 14701 requiring compliance 
        with this part, a regulation of the Secretary, or a 
        condition of the registration; and
          (2) the registrant willfully does not comply with the 
        order for a period of 30 days.
  (f) Expedited Procedure.--
          (1) Protection of safety.--Notwithstanding subchapter 
        II of chapter 5 of title 5, the Secretary--
                  (A) may suspend the registration of a motor 
                carrier, a freight forwarder, or a broker for 
                failure to comply with requirements of the 
                Secretary pursuant to section 13904(c) or 13906 
                or an order or regulation of the Secretary 
                prescribed under those sections; and
                  (B) shall revoke the registration of a motor 
                carrier that has been prohibited from operating 
                in interstate commerce for failure to comply 
                with the safety fitness requirements of section 
                31144.
          [(2) Imminent hazard to public health.--Without 
        regard to subchapter II of chapter 5 of title 5, the 
        Secretary shall revoke the registration of a motor 
        carrier of passengers if the Secretary finds that such 
        carrier has been conducting unsafe operations which are 
        an imminent hazard to public health or property.]
          (2) Imminent hazard to public health.--
        Notwithstanding subchapter II of chapter 5 of title 5, 
        the Secretary shall revoke the registration of a motor 
        carrier if the Secretary finds that the carrier is or 
        was conducting unsafe operations that are or were an 
        imminent hazard to public health or property.
          (3) Notice; period of suspension.--The Secretary may 
        suspend or revoke under this subsection the 
        registration only after giving notice of the suspension 
        or revocation to the registrant. A suspension remains 
        in effect until the registrant complies with the 
        applicable sections or, in the case of a suspension 
        under paragraph (2), until the Secretary revokes the 
        suspension.

13908. Registration and other reforms

  (a) Establishment of Unified Carrier Registration System.--
The Secretary, in cooperation with the States, representatives 
of the motor carrier, motor private carrier, freight forwarder, 
and broker industries and after notice and opportunity for 
public comment, shall issue within 1 year after the date of 
enactment of the Unified Carrier Registration Act of 2005 
regulations to establish an online Federal registration system, 
to be named the ``Unified Carrier Registration System'', to 
replace--
          (1) the current Department of Transportation 
        identification number system, the single State 
        registration system under section 14504;
          (2) the registration system contained in this chapter 
        and the financial responsibility information system 
        under section 13906; and
          (3) the service of process agent systems under 
        sections 503 and 13304.
  (b) Role as Clearinghouse and Depository of Information.--The 
Unified Carrier Registration System shall serve as a 
clearinghouse and depository of information on, and 
identification of, all foreign and domestic motor carriers, 
motor private carriers, brokers, freight forwarders, and others 
required to register with the Department of Transportation, 
including information with respect to a carrier's safety 
rating, compliance with required levels of financial 
responsibility, and compliance with the provisions of section 
14504a. The Secretary shall ensure that Federal agencies, 
States, representatives of the motor carrier industry, and the 
public have access to the Unified Carrier Registration System, 
including the records and information contained in the System.
  (c) Procedures for Correcting Information.--Not later than 60 
days after the effective date of this section, the Secretary 
shall prescribe regulations establishing procedures that enable 
a motor carrier to correct erroneous information contained in 
any part of the Unified Carrier Registration System.
  (d) Fee System.--The Secretary shall establish, under section 
9701 of title 31, a fee system for the Unified Carrier 
Registration System according to the following guidelines:
          (1) Registration and filing evidence of financial 
        responsibility.--The fee for new registrants shall as 
        nearly as possible cover the costs of processing the 
        registration [but shall not exceed $300].
          (2) Evidence of financial responsibility.--The fee 
        for filing evidence of financial responsibility 
        pursuant to this section shall not exceed $10 per 
        filing. No fee shall be charged for a filing for 
        purposes of designating an agent for service of process 
        or the filing of other information relating to 
        financial responsibility.
          (3) Access and retrieval fees.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the fee system shall include 
                a nominal fee for the access to or retrieval of 
                information from the Unified Carrier 
                Registration System to cover the costs of 
                operating and upgrading the System, including 
                the personnel costs incurred by the Department 
                and the costs of administration of the unified 
                carrier registration agreement.
                  (B) Exceptions.--There shall be no fee 
                charged under this paragraph--
                          (i) to any agency of the Federal 
                        Government or a State government or any 
                        political subdivision of any such 
                        government for the access to or 
                        retrieval of information and data from 
                        the Unified Carrier Registration System 
                        for its own use; or
                          (ii) to any representative of a motor 
                        carrier, motor private carrier, leasing 
                        company, broker, or freight forwarder 
                        (as each is defined in section 14504a) 
                        for the access to or retrieval of the 
                        individual information related to such 
                        entity from the Unified Carrier 
                        Registration System for the individual 
                        use of such entity.
  (e) Use of Fees for Unified Carrier Registration System.--
Fees collected under this section may be credited to the 
Department of Transportation appropriations account for 
purposes for which such fees are collected and shall be 
available for expenditure for such purposes until expended.
  (f) Application to Certain Intrastate Operations.--Nothing in 
this section requires the registration of a motor carrier, a 
motor private carrier of property, or a transporter of waste or 
recyclable materials operating exclusively in intrastate 
transportation not otherwise required to register with the 
Secretary under another provision of this title.

                  CHAPTER 141. OPERATIONS OF CARRIERS

                   SUBCHAPTER II. REPORTS AND RECORDS

14122. Records: form; inspection; preservation

  (a) Form of Records.--The Secretary or the Board, as 
applicable, may prescribe the form of records required to be 
prepared or compiled under this subchapter by carriers and 
brokers, including records related to movement of traffic and 
receipts and expenditures of money.
  (b) Right of Inspection.--The Secretary or Board, or an 
employee designated by the Secretary or Board, may on demand 
and display of proper credentials, in person or in writing--
          (1) inspect and examine the lands, buildings, and 
        equipment of a carrier or broker; and
          (2) inspect and copy any record of--
                  (A) a carrier, broker, or association; and
                  (B) a person controlling, controlled by, or 
                under common control with a carrier if the 
                Secretary or Board, as applicable, considers 
                inspection relevant to that person's relation 
                to, or transaction with, that carrier.
  (c) Period for Preservation of Records.--The Secretary or 
Board, as applicable, may prescribe the time period during 
which operating, accounting, and financial records must be 
preserved by carriers and brokers.

                  CHAPTER 145. FEDERAL-STATE RELATIONS

14504a. Unified Carrier Registration System plan and agreement

           *       *       *       *       *       *       *


  (c) Unreasonable Burden.--For purposes of this section, it 
shall be considered an unreasonable burden upon interstate 
commerce for any State or any political subdivision of a State, 
or any political authority of two or more States--
          (1) to enact, impose, or enforce any requirement or 
        standards with respect to, or levy any fee or charge 
        on, any motor carrier or motor private carrier 
        providing transportation or service subject to 
        jurisdiction under subchapter I of chapter 135 (in this 
        section referred to as an ``interstate motor carrier'' 
        and an ``interstate motor private carrier'', 
        respectively) in connection with--
                  (A) the registration with the State of the 
                interstate operations of the motor carrier or 
                motor private carrier;
                  (B) the filing with the State of information 
                relating to the financial responsibility of a 
                motor carrier or motor private carrier pursuant 
                to sections 31138 or 31139;
                  (C) the filing with the State of the name of 
                the local agent for service of process of the 
                motor carrier or motor private carrier pursuant 
                to [sections] section 503 or 13304; or
                  (D) the annual renewal of the intrastate 
                authority, or the insurance filings, of the 
                motor carrier or motor private carrier, or 
                other intrastate filing requirement necessary 
                to operate within the State if the motor 
                carrier or motor private carrier is--
                          (i) registered under section 13902 or 
                        section 13905(b); and
                          (ii) in compliance with the laws and 
                        regulations of the State authorizing 
                        the carrier to operate in the State in 
                        accordance with section 14501(c)(2)(A); 
                        except with respect to--
                                  (I) intrastate service 
                                provided by motor carriers of 
                                passengers that is not subject 
                                to the preemption provisions of 
                                section 14501(a);
                                  (II) motor carriers of 
                                property, motor private 
                                carriers, brokers, or freight 
                                forwarders, or their services 
                                or operations, that are 
                                described in subparagraphs (B) 
                                and (C) of section 
                                14501(c)(2)[.] ; and
                                  (III) the intrastate 
                                transportation of waste or 
                                recyclable materials by any 
                                carrier; or
          (2) to require any interstate motor carrier or motor 
        private carrier that also performs intrastate 
        operations to pay any fee or tax which a carrier 
        engaged exclusively in intrastate operations is exempt.

           *       *       *       *       *       *       *


       CHAPTER 147. ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

14704. Rights and remedies of persons injured by carriers or brokers

  (a) [In General.--
          (1) Enforcement of order.--A person injured]  
        Enforcement of Order._A person injured because a 
        carrier or broker providing transportation or service 
        subject to jurisdiction under chapter 135 does not obey 
        an order of the Secretary or the Board, as applicable, 
        under this part, except an order for the payment of 
        money, may bring a civil action to enforce that order 
        under this subsection. A person may bring a civil 
        action for injunctive relief for violations of sections 
        14102 [and 14103] , 14103, and 14915(c).
          [(2) Damages for violations.--]
  (b)(1) Other violations._A carrier or broker providing 
transportation or service subject to jurisdiction under chapter 
135 is liable for damages sustained by a person as a result of 
an act or omission of that carrier or broker in violation of 
this part.
  [(b) Liability and Damages for Exceeding Tariff Rate.--A 
carrier]
          (2) Exceeding tariff rate._A carrier providing 
        transportation or service subject to jurisdiction under 
        chapter 135 is liable to a person for amounts charged 
        that exceed the applicable rate for transportation or 
        service contained in a tariff in effect under section 
        13702.

           *       *       *       *       *       *       *


14705. Limitation on actions by and against carriers

  (a) In General.--A carrier providing transportation or 
service subject to jurisdiction under chapter 135 must begin a 
civil action to recover charges for transportation or service 
provided by the carrier within 18 months after the claim 
accrues.
  (b) Overcharges.--A person must begin a civil action to 
recover overcharges within 18 months after the claim accrues. 
If the claim is against a carrier providing transportation 
subject to jurisdiction under chapter 135 and an election to 
file a complaint with the Board or Secretary, as applicable, is 
made under section 14704(c)(1), the complaint must be filed 
within 3 years after the claim accrues.
  (c) Damages.--A person must file a complaint with the Board 
or Secretary, as applicable, to recover damages under section 
[14704(b)] 14704(b)(2) within 2 years after the claim accrues.
  (d) Extensions.--The limitation periods under subsection (b) 
of this section are extended for 6 months from the time written 
notice is given to the claimant by the carrier of disallowance 
of any part of the claim specified in the notice if a written 
claim is given to the carrier within those limitation periods. 
The limitation periods under subsections (b) and (c) of this 
section are extended for 90 days from the time the carrier 
begins a civil action under subsection (a) to recover charges 
related to the same transportation or service, or collects 
(without beginning a civil action under that subsection) the 
charge for that transportation or service if that action is 
begun or collection is made within the appropriate period.
  (e) Payment.--A person must begin a civil action to enforce 
an order of the Board or Secretary against a carrier within 1 
year after the date of the order.
  (f) Government Transportation.--This section applies to 
transportation for the United States Government. The time 
limitations under this section are extended, as related to 
transportation for or on behalf of the United States 
Government, for 3 years from the later of the date of--
          (1) payment of the rate for the transportation or 
        service involved;
          (2) subsequent refund for overpayment of that rate; 
        or
          (3) deduction made under section 3726 of title 31.
  (g) Accrual Date.--A claim related to a shipment of property 
accrues under this section on delivery or tender of delivery by 
the carrier.

               CHAPTER 149. CIVIL AND CRIMINAL PENALTIES

14901. General civil penalties

  (a) Reporting and Recordkeeping.--A person required to make a 
report to the Secretary or the Board, answer a question, or 
make, prepare, or preserve a record under this part concerning 
transportation subject to jurisdiction under subchapter I or 
III of chapter 135 or transportation by a foreign carrier 
registered under section 13902, or an officer, agent, or 
employee of that person that--
          (1) does not make the report;
          (2) does not specifically, completely, and truthfully 
        answer the question;
          (3) does not make, prepare, or preserve the record in 
        the form and manner prescribed;
          (4) does not comply with section 13901; or
          (5) does not comply with section 13902(c);
is liable to the United States for a civil penalty of not less 
than [$500] $1,000 for each violation and for each additional 
day the violation continues; except that, in the case of a 
person [who is not registered under this part to provide 
transportation of passengers,] or an officer, agent, or 
employee of such person, that does not comply with section 
13901 [with respect to providing transportation of passengers,] 
or section 13902(c) of this title the amount of the civil 
penalty shall not be less than [$2,000 for each violation and 
for each additional day the violation continues] $10,000 for 
each violation, or $25,000 for each violation relating to 
providing transportation of passengers.
  (b) Transportation of Hazardous Wastes.--A person subject to 
jurisdiction under subchapter I of chapter 135, or an officer, 
agent, or employee of that person, and who is required to 
comply with section 13901 of this title but does not so comply 
with respect to the transportation of hazardous wastes as 
defined by the Environmental Protection Agency pursuant to 
section 3001 of the Solid Waste Disposal Act (but not including 
any waste the regulation of which under the Solid Waste 
Disposal Act has been suspended by Congress) shall be liable to 
the United States for a civil penalty [not to exceed $20,000] 
not less than $25,000 for each violation.

           *       *       *       *       *       *       *

  (h) Settlement of Household Goods Civil Penalties.--Nothing 
in this section shall be construed to prohibit the Secretary 
from accepting partial payment of a civil penalty as part of a 
settlement agreement in the public interest, or from holding 
imposition of any part of a civil penalty in abeyance.

14906. Evasion of regulation of carriers and brokers

  A person, or an officer, employee, or agent of that person, 
that by any means tries to evade regulation provided under this 
part for carriers or brokers is liable to the United States for 
a civil penalty of [$200] at least $2,000 for the first 
violation and at least [$250] $5,000 for a subsequent 
violation, and may be subject to criminal penalties.

14915. Penalties for failure to give up possession of household goods

  (a) Civil Penalty.--
          (1) In general.--Whoever is found holding a household 
        goods shipment hostage is liable to the United States 
        for a civil penalty of not less than $10,000 for each 
        violation. The United States may assign all or a 
        portion of the civil penalty to an aggrieved shipper. 
        The Secretary of Transportation shall establish 
        criteria upon which such assignments shall be made. The 
        Secretary may order, after notice and an opportunity 
        for a proceeding, that a person found holding a 
        household goods shipment hostage return the goods to an 
        aggrieved shipper.
          (2) Each day, a separate violation.--Each day a 
        carrier is found to have failed to give up possession 
        of household goods may constitute a separate violation.
          (3) Suspension.--If the person found holding a 
        shipment hostage is a carrier or broker, the Secretary 
        may suspend for a period of not less than 12 months nor 
        more than 36 months the registration of such carrier or 
        broker under chapter 139. The force and effect of such 
        suspension of a carrier or broker shall extend to and 
        include any carrier or broker having the same ownership 
        or operational control as the suspended carrier or 
        broker.
          (4) Settlement authority.--Nothing in this section 
        shall be construed as prohibiting the Secretary from 
        accepting partial payment of a civil penalty as part of 
        a settlement agreement in the public interest, or from 
        holding imposition of any part of a civil penalty in 
        abeyance.
  (b) Criminal Penalty.--Whoever has been convicted of having 
failed to give up possession of household goods shall be fined 
under title 18 or imprisoned for not more than 2 years, or 
both.
  (c) Failure to Give Up Possession of Household Goods 
Defined.--For purposes of this section, the term ``failed to 
give up possession of household goods'' means the knowing and 
willful failure, in violation of a contract, to deliver to, or 
unload at, the destination of a shipment of household goods 
that is subject to jurisdiction under subchapter I or III of 
chapter 135 of this title, for which charges have been 
estimated by the motor carrier providing transportation of such 
goods, and for which the shipper has tendered a payment 
described in clause (i), (ii), or (iii) of section 
13707(b)(3)(A).

                       SUBTITLE V. RAIL PROGRAMS

                    PART C. PASSENGER TRANSPORTATION

                          CHAPTER 243. AMTRAK

24305. General authority

  (a) Acquisition and Operation of Equipment and Facilities.--
          (1) Amtrak may acquire, operate, maintain, and make 
        contracts for the operation and maintenance of 
        equipment and facilities necessary for intercity and 
        commuter rail passenger transportation, the 
        transportation of mail and express, and auto-ferry 
        transportation.
          (2) Amtrak shall operate and control directly, to the 
        extent practicable, all aspects of the rail passenger 
        transportation it provides.
          (3) (A) Except as provided in subsection (d)(2), 
        Amtrak may enter into a contract with a motor carrier 
        of passengers for the intercity transportation of 
        passengers by motor carrier over regular routes only--
                          (i) if the motor carrier is not a 
                        public recipient of governmental 
                        assistance, as such term is defined in 
                        [section 13902(b)(8)(A)] section 
                        13902(b)(11)(A) of this title, other 
                        than a recipient of funds under section 
                        5311 of this title;
                          (ii) for passengers who have had 
                        prior movement by rail or will have 
                        subsequent movement by rail; and
                          (iii) if the buses, when used in the 
                        provision of such transportation, are 
                        used exclusively for the transportation 
                        of passengers described in clause (ii).
                  (B) Subparagraph (A) shall not apply to 
                transportation funded predominantly by a State 
                or local government, or to ticket selling 
                agreements.\3\
---------------------------------------------------------------------------
    \3\ The amendment to this section takes effect 1 year after the 
date of enactment of the Commercial Motor Vehicle Safety Enhancement 
Act of 2011.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

24307. Special transportation

  (a) Reduced Fare Program.--Amtrak shall maintain a reduced 
fare program for the following:
          (1) individuals at least 65 years of age.
          (2) individuals (except alcoholics and drug abusers) 
        who--
                  (A) have a physical or mental impairment that 
                substantially limits a major life activity of 
                the individual;
                  (B) have a record of an impairment; or
                  (C) are regarded as having an impairment.
  (b) Employee Transportation.--
          (1) In this subsection, ``rail carrier employee'' 
        means--
                  (A) an active full-time employee of a rail 
                carrier or terminal company and includes an 
                employee on furlough or leave of absence;
                  (B) a retired employee of a rail carrier or 
                terminal company; and
                  (C) a dependent of an employee referred to in 
                clause (A) or (B) of this paragraph.
          (2) Amtrak shall ensure that a rail carrier employee 
        eligible for free or reduced-rate rail transportation 
        on April 30, 1971, under an agreement in effect on that 
        date is eligible, to the greatest extent practicable, 
        for free or reduced-rate intercity rail passenger 
        transportation provided by Amtrak under this part, if 
        space is available, on terms similar to those available 
        on that date under the agreement. However, Amtrak may 
        apply to all rail carrier employees eligible to receive 
        free or reduced-rate transportation under any agreement 
        a single systemwide schedule of terms that Amtrak 
        decides applied to a majority of employees on that date 
        under all those agreements. Unless Amtrak and a rail 
        carrier make a different agreement, the carrier shall 
        reimburse Amtrak at the rate of 25 percent of the 
        systemwide average monthly yield of each revenue 
        passenger-mile. The reimbursement is in place of costs 
        Amtrak incurs related to free or reduced-rate 
        transportation, including liability related to travel 
        of a rail carrier employee eligible for free or 
        reduced-rate transportation.
          (3) This subsection does not prohibit the [Interstate 
        Commerce Commission] Surface Transportation Board from 
        ordering retroactive relief in a proceeding begun or 
        reopened after October 1, 1981.

24311. Acquiring interests in property by eminent domain

  (a) General Authority.--
          (1) To the extent financial resources are available, 
        Amtrak may acquire by eminent domain under subsection 
        (b) of this section interests in property--
                  (A) necessary for intercity rail passenger 
                transportation, except property of a rail 
                carrier, a State, a political subdivision of a 
                State, or a governmental authority; or
                  (B) requested by the Secretary of 
                Transportation in carrying out the Secretary's 
                duty to design and build an intermodal 
                transportation terminal at Union Station in the 
                District of Columbia if the Secretary assures 
                Amtrak that the Secretary will reimburse 
                Amtrak.
          (2) Amtrak may exercise the power of eminent domain 
        only if it cannot--
                  (A) acquire the interest in the property by 
                contract; or
                  (B) agree with the owner on the purchase 
                price for the interest.
  (b) Civil Actions.--
          (1) A civil action to acquire an interest in property 
        by eminent domain under subsection (a) of this section 
        must be brought in the district court of the United 
        States for the judicial district in which the property 
        is located or, if a single piece of property is located 
        in more than one judicial district, in any judicial 
        district in which any piece of the property is located. 
        An interest is condemned and taken by Amtrak for its 
        use when a declaration of taking is filed under this 
        subsection and an amount of money estimated in the 
        declaration to be just compensation for the interest is 
        deposited in the court. The declaration may be filed 
        with the complaint in the action or at any time before 
        judgment. The declaration must contain or be 
        accompanied by--
                  (A) a statement of the public use for which 
                the interest is taken;
                  (B) a description of the property sufficient 
                to identify it;
                  (C) a statement of the interest in the 
                property taken;
                  (D) a plan showing the interest taken; and
                  (E) a statement of the amount of money Amtrak 
                estimates is just compensation for the 
                interest.
          (2) When the declaration is filed and the deposit is 
        made under paragraph (1) of this subsection, title to 
        the property vests in Amtrak in fee simple absolute or 
        in the lesser interest shown in the declaration, and 
        the right to the money vests in the person entitled to 
        the money. When the declaration is filed, the court may 
        decide--
                  (A) the time by which, and the terms under 
                which, possession of the property is given to 
                Amtrak; and
                  (B) the disposition of outstanding charges 
                related to the property.
          (3) After a hearing, the court shall make a finding 
        on the amount that is just compensation for the 
        interest in the property and enter judgment awarding 
        that amount and interest on it. The rate of interest is 
        6 percent a year and is computed on the amount of the 
        award less the amount deposited in the court from the 
        date of taking to the date of payment.
          (4) On application of a party, the court may order 
        immediate payment of any part of the amount deposited 
        in the court for the compensation to be awarded. If the 
        award is more than the amount received, the court shall 
        enter judgment against Amtrak for the deficiency.
  (c) Authority to Condemn Rail Carrier Property Interests.--
          (1) If Amtrak and a rail carrier cannot agree on a 
        sale to Amtrak of an interest in property of a rail 
        carrier necessary for intercity rail passenger 
        transportation, Amtrak may apply to the [Interstate 
        Commerce Commission] Surface Transportation Board for 
        an order establishing the need of Amtrak for the 
        interest and requiring the carrier to convey the 
        interest on reasonable terms, including just 
        compensation. The need of Amtrak is deemed to be 
        established, and the [Commission] Board, after holding 
        an expedited proceeding and not later than 120 days 
        after receiving the application, shall order the 
        interest conveyed unless the [Commission] Board decides 
        that--
                  (A) conveyance would impair significantly the 
                ability of the carrier to carry out its 
                obligations as a common carrier; and
                  (B) the obligations of Amtrak to provide 
                modern, efficient, and economical rail 
                passenger transportation can be met adequately 
                by acquiring an interest in other property, 
                either by sale or by exercising its right of 
                eminent domain under subsection (a) of this 
                section.
          (2) If the amount of compensation is not determined 
        by the date of the [Commission's] Board's order, the 
        order shall require, as part of the compensation, 
        interest at 6 percent a year from the date prescribed 
        for the conveyance until the compensation is paid.
          (3) Amtrak subsequently may reconvey to a third party 
        an interest conveyed to Amtrak under this subsection or 
        prior comparable provision of law if the [Commission] 
        Board decides that the reconveyance will carry out the 
        purposes of this part, regardless of when the 
        proceeding was brought (including a proceeding pending 
        before a United States court on November 28, 1990).

          CHAPTER 249. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

24902. Goals and requirements

  (a) Managing Costs and Revenues.--Amtrak shall manage its 
operating costs, pricing policies, and other factors with the 
goal of having revenues derived each fiscal year from providing 
intercity rail passenger transportation over the Northeast 
Corridor route between the District of Columbia and Boston, 
Massachusetts, equal at least the operating costs of providing 
that transportation in that fiscal year.
  (b) Priorities in Selecting and Scheduling Projects.--When 
selecting and scheduling specific projects, Amtrak shall apply 
the following considerations, in the following order of 
priority:
          (1) Safety-related items should be completed before 
        other items because the safety of the passengers and 
        users of the Northeast Corridor is paramount.
          (2) Activities that benefit the greatest number of 
        passengers should be completed before activities 
        involving fewer passengers.
          (3) Reliability of intercity rail passenger 
        transportation must be emphasized.
          (4) Trip-time requirements of this section must be 
        achieved to the extent compatible with the priorities 
        referred to in paragraphs (1)-(3) of this subsection.
          (5) Improvements that will pay for the investment by 
        achieving lower operating or maintenance costs should 
        be carried out before other improvements.
          (6) Construction operations should be scheduled so 
        that the fewest possible passengers are inconvenienced, 
        transportation is maintained, and the on-time 
        performance of Northeast Corridor commuter rail 
        passenger and rail freight transportation is optimized.
          (7) Planning should focus on completing activities 
        that will provide immediate benefits to users of the 
        Northeast Corridor.
  (c) Compatibility with Future Improvements and Production of 
Maximum Labor Benefits.--Improvements under this section shall 
be compatible with future improvements in transportation and 
shall produce the maximum labor benefit from hiring individuals 
presently unemployed.
  (d) Automatic Train Control Systems.--A train operating on 
the Northeast Corridor main line or between the main line and 
Atlantic City shall be equipped with an automatic train control 
system designed to slow or stop the train in response to an 
external signal.
  (e) High-Speed Transportation.--If practicable, Amtrak shall 
establish intercity rail passenger transportation in the 
Northeast Corridor that carries out section 703(1)(E) of the 
Railroad Revitalization and Regulatory Reform Act of 1976 
(Public Law 94-210, 90 Stat. 121).
  (f) Equipment Development.--Amtrak shall develop economical 
and reliable equipment compatible with track, operating, and 
marketing characteristics of the Northeast Corridor, including 
the capability to meet reliable trip times under section 
703(1)(E) of the Railroad Revitalization and Regulatory Reform 
Act of 1976 (Public Law 94-210, 90 Stat. 121) in regularly 
scheduled revenue transportation in the Corridor, when the 
Northeast Corridor improvement program is completed. Amtrak 
must decide that equipment complies with this subsection before 
buying equipment with financial assistance of the Government. 
Amtrak shall submit a request for an authorization of 
appropriations for production of the equipment.
  (g) Agreements for Off-Corridor Routing of Rail Freight 
Transportation.--
          (1) Amtrak may make an agreement with a rail freight 
        carrier or a regional transportation authority under 
        which the carrier will carry out an alternate off-
        corridor routing of rail freight transportation over 
        rail lines in the Northeast Corridor between the 
        District of Columbia and New York metropolitan areas, 
        including intermediate points. The agreement shall be 
        for at least 5 years.
          (2) Amtrak shall apply to the [Interstate Commerce 
        Commission] Surface Transportation Board for approval 
        of the agreement and all related agreements 
        accompanying the application as soon as the agreement 
        is made. If the [Commission] Board finds that approval 
        is necessary to carry out this chapter, the 
        [Commission] Board shall approve the application and 
        related agreements not later than 90 days after 
        receiving the application.
          (3) If an agreement is not made under paragraph (1) 
        of this subsection, Amtrak, with the consent of the 
        other parties, may apply to the [Interstate Commerce 
        Commission] Surface Transportation Board. Not later 
        than 90 days after the application, the [Commission] 
        Board shall decide on the terms of an agreement if it 
        decides that doing so is necessary to carry out this 
        chapter. The decision of the [Commission] Board is 
        binding on the other parties.
  (h) Coordination.--
          (1) The Secretary of Transportation shall 
        coordinate--
                  (A) transportation programs related to the 
                Northeast Corridor to ensure that the programs 
                are integrated and consistent with the 
                Northeast Corridor improvement program; and
                  (B) amounts from departments, agencies, and 
                instrumentalities of the Government to achieve 
                urban redevelopment and revitalization in the 
                vicinity of urban rail stations in the 
                Northeast Corridor served by intercity and 
                commuter rail passenger transportation.
          (2) If the Secretary finds significant noncompliance 
        with this section, the Secretary may deny financing to 
        a noncomplying program until the noncompliance is 
        corrected.
  (i) Completion.--Amtrak shall give the highest priority to 
completing the program.
  (j) Applicable Procedures.--No State or local building, 
zoning, subdivision, or similar or related law, nor any other 
State or local law from which a project would be exempt if 
undertaken by the Federal Government or an agency thereof 
within a Federal enclave wherein Federal jurisdiction is 
exclusive, including without limitation with respect to all 
such laws referenced herein above requirements for permits, 
actions, approvals or filings, shall apply in connection with 
the construction, ownership, use, operation, financing, 
leasing, conveying, mortgaging or enforcing a mortgage of (i) 
any improvement undertaken by or for the benefit of Amtrak as 
part of, or in furtherance of, the Northeast Corridor 
Improvement Project (including without limitation maintenance, 
service, inspection or similar facilities acquired, constructed 
or used for high speed trainsets) or chapter 241, 243, or 247 
of this title or (ii) any land (and right, title or interest 
created with respect thereto) on which such improvement is 
located and adjoining, surrounding or any related land. These 
exemptions shall remain in effect and be applicable with 
respect to such land and improvements for the benefit of any 
mortgagee before, upon and after coming into possession of such 
improvements or land, any third party purchasers thereof in 
foreclosure (or through a deed in lieu of foreclosure), and 
their respective successors and assigns, in each case to the 
extent the land or improvements are used, or held for use, for 
railroad purposes or purposes accessory thereto. This 
subsection shall not apply to any improvement or related land 
unless Amtrak receives a Federal operating subsidy in the 
fiscal year in which Amtrak commits to or initiates such 
improvement.

24904. General authority

  (a) General.--To carry out this chapter and the Regional Rail 
Reorganization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak 
may--
          (1) acquire, maintain, and dispose of any interest in 
        property used to provide improved high-speed rail 
        transportation under section 24902 of this title;
          (2) acquire, by condemnation or otherwise, any 
        interest in real property that Amtrak considers 
        necessary to carry out the goals of section 24902;
          (3) provide for rail freight, intercity rail 
        passenger, and commuter rail passenger transportation 
        over property acquired under this section;
          (4) improve rail rights of way between Boston, 
        Massachusetts, and the District of Columbia (including 
        the route through Springfield, Massachusetts, and 
        routes to Harrisburg, Pennsylvania, and Albany, New 
        York, from the Northeast Corridor main line) to achieve 
        the goals of section 24902 of providing improved high-
        speed rail passenger transportation between Boston, 
        Massachusetts, and the District of Columbia, and 
        intermediate intercity markets;
          (5) acquire, build, improve, and install passenger 
        stations, communications and electric power facilities 
        and equipment, public and private highway and 
        pedestrian crossings, and other facilities and 
        equipment necessary to provide improved high-speed rail 
        passenger transportation over rights of way improved 
        under clause (4) of this subsection;
          (6) make agreements with other carriers and commuter 
        authorities to grant, acquire, or make arrangements for 
        rail freight or commuter rail passenger transportation 
        over, rights of way and facilities acquired under the 
        Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 
        et seq.) and the Railroad Revitalization and Regulatory 
        Reform Act of 1976 (45 U.S.C. 801 et seq.); and
          (7) appoint a general manager of the Northeast 
        Corridor improvement program.
  (b) Compensatory Agreements.--Rail freight and commuter rail 
passenger transportation provided under subsection (a)(3) of 
this section shall be provided under compensatory agreements 
with the responsible carriers.
  (c) Compensation for Transportation Over Certain Rights of 
Way and Facilities.--
          (1) An agreement under subsection (a)(6) of this 
        section shall provide for reasonable reimbursement of 
        costs but may not cross-subsidize intercity rail 
        passenger, commuter rail passenger, and rail freight 
        transportation.
          (2) If the parties do not agree, the [Interstate 
        Commerce Commission] Surface Transportation Board shall 
        order that the transportation continue over facilities 
        acquired under the Regional Rail Reorganization Act of 
        1973 (45 U.S.C. 701 et seq.) and the Railroad 
        Revitalization and Regulatory Reform Act of 1976 (45 
        U.S.C. 801 et seq.) and shall determine compensation 
        (without allowing cross-subsidization between commuter 
        rail passenger and intercity rail passenger and rail 
        freight transportation) for the transportation not 
        later than 120 days after the dispute is submitted. The 
        [Commission] Board shall assign to a rail carrier 
        obtaining transportation under this subsection the 
        costs Amtrak incurs only for the benefit of the 
        carrier, plus a proportionate share of all other costs 
        of providing transportation under this paragraph 
        incurred for the common benefit of Amtrak and the 
        carrier. The proportionate share shall be based on 
        relative measures of volume of car operations, tonnage, 
        or other factors that reasonably reflect the relative 
        use of rail property covered by this subsection.
          (3) This subsection does not prevent the parties from 
        making an agreement under subsection (a)(6) of this 
        section after the [Commission] Board makes a decision 
        under this subsection.

             SUBTITLE VI. MOTOR VEHICLE AND DRIVER PROGRAMS

                            PART A. GENERAL

                   CHAPTER 301. MOTOR VEHICLE SAFETY

             SUBCHAPTER IV. ENFORCEMENT AND ADMINISTRATIVE

30165. Civil penalty

  (a) Civil Penalties.--
          (1) In general.--A person that violates any of 
        section 30112, 30115, 30117 through 30122, 30123(d), 
        30125(c), 30127, [or 30141 through 30147] 30141 through 
        30147, or 31137, or a regulation prescribed thereunder, 
        is liable to the United States Government for a civil 
        penalty of not more than $5,000 for each violation. A 
        separate violation occurs for each motor vehicle or 
        item of motor vehicle equipment and for each failure or 
        refusal to allow or perform an act required by any of 
        those sections. The maximum penalty under this 
        subsection for a related series of violations is 
        $15,000,000.
          (2) School buses.--
                  (A) In general.--Notwithstanding paragraph 
                (1), the maximum amount of a civil penalty 
                under this paragraph shall be $10,000 in the 
                case of--
                          (i) the manufacture, sale, offer for 
                        sale, introduction or delivery for 
                        introduction into interstate commerce, 
                        or importation of a school bus or 
                        school bus equipment (as those terms 
                        are defined in section 30125(a) of this 
                        title) in violation of section 
                        30112(a)(1) of this title; or
                          (ii) a violation of section 
                        30112(a)(2) of this title.
                  (B) Related series of violations.--A separate 
                violation occurs for each motor vehicle or item 
                of motor vehicle equipment and for each failure 
                or refusal to allow or perform an act required 
                by that section. The maximum penalty under this 
                paragraph for a related series of violations is 
                $15,000,000.
          (3) Section 30166.--A person who violates section 
        30166 or a regulation prescribed under that section is 
        liable to the United States Government for a civil 
        penalty for failing or refusing to allow or perform an 
        act required under that section or regulation. The 
        maximum penalty under this paragraph is $5,000 per 
        violation per day. The maximum penalty under this 
        paragraph for a related series of daily violations is 
        $15,000,000.
  (b) Compromise and Setoff.--
          (1) The Secretary of Transportation may compromise 
        the amount of a civil penalty imposed under this 
        section.
          (2) The Government may deduct the amount of a civil 
        penalty imposed or compromised under this section from 
        amounts it owes the person liable for the penalty.
  (c) Considerations.--In determining the amount of a civil 
penalty or compromise, the appropriateness of the penalty or 
compromise to the size of the business of the person charged 
and the gravity of the violation shall be considered.
  (d) Subpenas for Witnesses.--In a civil action brought under 
this section, a subpena for a witness may be served in any 
judicial district.

                           PART B. COMMERCIAL

              CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY

            SUBCHAPTER I. GENERAL AUTHORITY AND STATE GRANTS

31101. Definitions

  In this subchapter--
          [(1) ``commercial motor vehicle'' means (except in 
        section 31106) a self-propelled or towed vehicle used 
        on the highways in commerce principally to transport 
        passengers or cargo, if the vehicle--
                  [(A) has a gross vehicle weight rating or 
                gross vehicle weight of at least 10,001 pounds, 
                whichever is greater;
                  [(B) is designed to transport more than 10 
                passengers including the driver; or
                  [(C) is used in transporting material found 
                by the Secretary of Transportation to be 
                hazardous under section 5103 of this title and 
                transported in a quantity requiring placarding 
                under regulations prescribed by the Secretary 
                under section 5103.]
          (1) ``commercial motor vehicle'' means (except under 
        section 31106) a self-propelled or towed vehicle used 
        on the highways in commerce to transport passengers or 
        property, if the vehicle--
                  (A) has a gross vehicle weight rating or 
                gross vehicle weight of at least 10,001 pounds, 
                whichever is greater;
                  (B) is designed or used to transport more 
                than 8 passengers, including the driver, for 
                compensation;
                  (C) is designed or used to transport more 
                than 15 passengers, including the driver, and 
                is not used to transport passengers for 
                compensation; or
                  (D) is used in transporting material found by 
                the Secretary of Transportation to be hazardous 
                under section 5103 and transported in a 
                quantity requiring placarding under regulations 
                prescribed by the Secretary under section 5103.
          (2) ``employee'' means a driver of a commercial motor 
        vehicle (including an independent contractor when 
        personally operating a commercial motor vehicle), a 
        mechanic, a freight handler, or an individual not an 
        employer, who--
                  (A) directly affects commercial motor vehicle 
                safety in the course of employment by a 
                commercial motor carrier; and
                  (B) is not an employee of the United States 
                Government, a State, or a political subdivision 
                of a State acting in the course of employment.
          (3) ``employer''--
                  (A) means a person engaged in a business 
                affecting commerce that owns or leases a 
                commercial motor vehicle in connection with 
                that business, or assigns an employee to 
                operate the vehicle in commerce; but
                  (B) does not include the Government, a State, 
                or a political subdivision of a State.
          (4) ``State'' means a State of the United States, the 
        District of Columbia, Puerto Rico, the Virgin Islands, 
        American Samoa, Guam, and the Northern Mariana Islands.

[31102. Grants to States]

31102. Compliance, safety, and accountability grants

  [(a) General Authority.--Subject to this section and the 
availability of amounts, the Secretary of Transportation may 
make grants to States for the development or implementation of 
programs for improving motor carrier safety and the enforcement 
of regulations, standards, and orders of the United States 
Government on commercial motor vehicle safety, hazardous 
materials transportation safety, and compatible State 
regulations, standards, and orders.]
  (a) General Authority.--Subject to this section, the 
Secretary of Transportation shall make and administer a 
compliance, safety, and accountability grant program to assist 
States, local governments, and other entities and persons with 
motor carrier safety and enforcement on highways and other 
public roads, new entrant safety audits, border enforcement, 
hazardous materials safety and security, consumer protection 
and household goods enforcement, and other programs and 
activities required to improve the safety of motor carriers as 
determined by the Secretary. The Secretary shall allocate 
funding in accordance with section 31104 of this title.
  [(b) State Plan Procedures and Contents.--]
  (b) Motor Carrier Safety Assistance Program.--
          (1) Program goal.--The goal of the Motor Carrier 
        Safety Assistance Program is to ensure that the 
        Secretary, States, local government agencies, and other 
        political jurisdictions work in partnership to 
        establish programs to improve motor carrier, commercial 
        motor vehicle, and driver safety to support a safe and 
        efficient surface transportation system by--
                  (A) making targeted investments to promote 
                safe commercial motor vehicle transportation, 
                including transportation of passengers and 
                hazardous materials;
                  (B) investing in activities likely to 
                generate maximum reductions in the number and 
                severity of commercial motor vehicle crashes 
                and fatalities resulting from such crashes;
                  (C) adopting and enforcing effective motor 
                carrier, commercial motor vehicle, and driver 
                safety regulations and practices consistent 
                with Federal requirements; and
                  (D) assessing and improving statewide 
                performance by setting program goals and 
                meeting performance standards, measures, and 
                benchmarks.
          [(1)] (2) The Secretary shall prescribe procedures 
        for a State to submit a plan under which the State 
        agrees to assume responsibility for improving motor 
        carrier safety and to adopt and enforce regulations, 
        standards, and orders of the Government on commercial 
        motor vehicle safety, hazardous materials 
        transportation safety, or compatible State regulations, 
        standards, and orders. The Secretary shall approve the 
        plan if the Secretary decides the plan is adequate to 
        promote the objectives of this section and the plan--
                  (A) implements performance-based activities, 
                including deployment of technology to enhance 
                the efficiency and effectiveness of commercial 
                motor vehicle safety programs;
                  (B) designates the State motor vehicle safety 
                agency responsible for administering the plan 
                throughout the State;
                  (C) contains satisfactory assurances the 
                agency has or will have the legal authority, 
                resources, and qualified personnel necessary to 
                enforce the regulations, standards, and orders;
                  (D) contains satisfactory assurances the 
                State will devote adequate amounts to the 
                administration of the plan and enforcement of 
                the regulations, standards, and orders;
                  (E) provides that the total expenditure of 
                amounts of the State and its political 
                subdivisions (not including amounts of the 
                Government) for commercial motor vehicle safety 
                programs for enforcement of commercial motor 
                vehicle size and weight limitations, drug 
                interdiction, and State traffic safety laws and 
                regulations under subsection (c) of this 
                section will be maintained at a level at least 
                equal to the average level of that expenditure 
                for the 3 full fiscal years beginning after 
                October 1 of the year 5 years prior to the 
                beginning of each Government fiscal year.
                  (F) provides a right of entry and inspection 
                to carry out the plan;
                  (G) provides that all reports required under 
                this section be submitted to the agency and 
                that the agency will make the reports available 
                to the Secretary on request;
                  (H) provides that the agency will adopt the 
                reporting requirements and use the forms for 
                recordkeeping, inspections, and investigations 
                the Secretary prescribes;
                  (I) requires registrants of commercial motor 
                vehicles to [make a declaration of] demonstrate 
                knowledge of applicable safety regulations, 
                standards, and orders of the Government and the 
                State;
                  (J) provides that the State will grant 
                maximum reciprocity for inspections conducted 
                under the North American Inspection Standard 
                through the use of a nationally accepted system 
                that allows ready identification of previously 
                inspected commercial motor vehicles;
                  (K) ensures that activities described in 
                subsection (c)(1) of this section, if financed 
                with grants under subsection (a) of this 
                section, will not diminish the effectiveness of 
                the development and implementation of 
                commercial motor vehicle safety programs 
                described in subsection (a);
                  (L) ensures that the State agency will 
                coordinate the plan, data collection, and 
                information systems with State highway safety 
                programs under title 23;
                  [(M) ensures participation in SAFETYNET and 
                other information systems by all appropriate 
                jurisdictions receiving funding under this 
                section;]
                  (M) ensures participation in appropriate 
                Federal Motor Carrier Safety Administration 
                systems and other information systems by all 
                appropriate jurisdictions receiving Motor 
                Carrier Safety Assistance Program funding;
                  (N) ensures that information is exchanged 
                among the States in a timely manner;
                  (O) provides satisfactory assurances that the 
                State will undertake efforts that will 
                emphasize and improve enforcement of State and 
                local traffic safety laws and regulations 
                related to commercial motor vehicle safety;
                  (P) provides satisfactory assurances that the 
                State will promote activities in support of 
                national priorities and performance goals, 
                including--
                          (i) activities aimed at removing 
                        impaired commercial motor vehicle 
                        drivers from the highways of the United 
                        States through adequate enforcement of 
                        regulations on the use of alcohol and 
                        controlled substances and by ensuring 
                        ready roadside access to alcohol 
                        detection and measuring equipment;
                          (ii) activities aimed at providing an 
                        appropriate level of training to State 
                        motor carrier safety assistance program 
                        officers and employees on recognizing 
                        drivers impaired by alcohol or 
                        controlled substances; and
                          (iii) interdiction activities 
                        affecting the transportation of 
                        controlled substances by commercial 
                        motor vehicle drivers and training on 
                        appropriate strategies for carrying out 
                        those interdiction activities;
                  (Q) provides that the State has established 
                and dedicated sufficient resources to a program 
                to ensure that--
                          (i) accurate, complete, and timely 
                        motor carrier safety data is collected 
                        and reported to the Secretary; and
                          (ii) the State will participate in a 
                        national motor carrier safety data 
                        correction system prescribed by the 
                        Secretary;
                  (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;
                  (S) ensures consistent, effective, and 
                reasonable sanctions;
                  (T) ensures that roadside inspections will be 
                conducted at a location that is adequate to 
                protect the safety of drivers and enforcement 
                personnel;
                  (U) provides that the State will include in 
                the training manual for the licensing 
                examination to drive a noncommercial motor 
                vehicle and a commercial motor vehicle, 
                information on best practices for driving 
                safely in the vicinity of noncommercial and 
                commercial motor vehicles;
                  (V) provides that the State will enforce the 
                registration requirements of section 13902 by 
                prohibiting the operation of any vehicle 
                discovered to be operated by a motor carrier 
                without a registration issued under such 
                section or to operate beyond the scope of such 
                registration;
                  (W) provides that the State will conduct 
                comprehensive and highly visible traffic 
                enforcement and commercial motor vehicle safety 
                inspection programs in high-risk locations and 
                corridors; [and]
                  [(X) except in the case of an imminent or 
                obvious safety hazard, ensures that an 
                inspection of a vehicle transporting passengers 
                for a motor carrier of passengers is conducted 
                at a station, terminal, border crossing, 
                maintenance facility, destination, or other 
                location where a motor carrier may make a 
                planned stop.]
                  (X) except in the case of an imminent or 
                obvious safety hazard, ensures that an 
                inspection of a vehicle transporting passengers 
                for a motor carrier of passengers is conducted 
                at a station, terminal, border crossing, 
                maintenance facility, destination, weigh 
                station, rest stop, turnpike service area, or a 
                location where adequate food, shelter, and 
                sanitation facilities are available for 
                passengers, and reasonable accommodation is 
                available for passengers with disabilities; and
                  (Y) ensures that the State will transmit to 
                its roadside inspectors the notice of each 
                Federal exemption granted pursuant to section 
                31315(b) and provided to the State by the 
                Secretary, including the name of the person 
                granted the exemption and any terms and 
                conditions that apply to the exemption.
          [(2)] (3) If the Secretary disapproves a plan under 
        this subsection, the Secretary shall give the State a 
        written explanation and allow the State to modify and 
        resubmit the plan for approval.
          [(3) In estimating the average level of State 
        expenditure under paragraph (1)(E) of this subsection, 
        the Secretary--
                  (A) may allow the State to exclude State 
                expenditures for Government-sponsored 
                demonstration or pilot programs; and
                  (B) shall require the State to exclude 
                Government amounts and State matching amounts 
                used to receive Government financing under 
                subsection (a) of this section.]
          (4) Maintenance of effort.--
                  (A) In general.--A plan submitted by a State 
                under paragraph (2) shall provide that the 
                total expenditure of amounts of the lead State 
                agency responsible for implementing the plan 
                will be maintained at a level at least equal to 
                the average level of that expenditure for FY 
                2004 and FY 2005.
                  (B) Average level of state expenditures.--In 
                estimating the average level of State 
                expenditure under subparagraph (A), the 
                Secretary--
                          (i) may allow the State to exclude 
                        State expenditures for Government-
                        sponsored demonstration or pilot 
                        programs; and
                          (ii) shall require the State to 
                        exclude State matching amounts used to 
                        receive Government financing under this 
                        subsection.
                  (C) Waiver.--Upon the request of a State, the 
                Secretary may waive or modify the requirements 
                of this paragraph for 1 fiscal year, if the 
                Secretary determines that a waiver is equitable 
                due to exceptional or uncontrollable 
                circumstances, such as a natural disaster or a 
                serious decline in the financial resources of 
                the State motor carrier safety assistance 
                program agency.
  (c) Use of Grants to Enforce Other Laws.--A State may use 
amounts received under a grant under subsection (a)--
          (1) for the following activities if the activities 
        are carried out in conjunction with an appropriate 
        inspection of the commercial motor vehicle to enforce 
        Government or State commercial motor vehicle safety 
        regulations:
                  (A) enforcement of commercial motor vehicle 
                size and weight limitations at locations other 
                than fixed weight facilities, at specific 
                locations such as steep grades or mountainous 
                terrains where the weight of a commercial motor 
                vehicle can significantly affect the safe 
                operation of the vehicle, or at ports where 
                intermodal shipping containers enter and leave 
                the United States; and
                  (B) detection of the unlawful presence of a 
                controlled substance (as defined under section 
                102 of the Comprehensive Drug Abuse Prevention 
                and Control Act of 1970 (21 U.S.C. 802)) in a 
                commercial motor vehicle or on the person of 
                any occupant (including the operator) of the 
                vehicle; and
          (2) for documented enforcement of State traffic laws 
        and regulations designed to promote the safe operation 
        of commercial motor vehicles, including documented 
        enforcement of such laws and regulations relating to 
        noncommercial motor vehicles when necessary to promote 
        the safe operation of commercial motor vehicles if the 
        number of motor carrier safety activities (including 
        roadside safety inspections) conducted in the State is 
        maintained at a level at least equal to the average 
        level of such activities conducted in the State in 
        fiscal years 2003, 2004, and 2005; except that the 
        State may not use more than 5 percent of the basic 
        amount the State receives under the grant under 
        subsection (a) for enforcement activities relating to 
        noncommercial motor vehicles described in this 
        paragraph unless the Secretary determines a higher 
        percentage will result in significant increases in 
        commercial motor vehicle safety.
  (d) Continuous Evaluation of Plans.--On the basis of reports 
submitted by a State motor vehicle safety agency of a State 
with a plan approved under this section and the Secretary's own 
investigations, the Secretary shall make a continuing 
evaluation of the way the State is carrying out the plan. If 
the Secretary finds, after notice and opportunity for comment, 
the State plan previously approved is not being followed or has 
become inadequate to ensure enforcement of the regulations, 
standards, or orders, the Secretary shall withdraw approval of 
the plan and notify the State. The plan stops being effective 
when the notice is received. A State adversely affected by the 
withdrawal may seek judicial review under chapter 7 of title 5. 
Notwithstanding the withdrawal, the State may retain 
jurisdiction in administrative or judicial proceedings begun 
before the withdrawal if the issues involved are not related 
directly to the reasons for the withdrawal.
  (e) New Entrant Safety Assurance Program.--
          (1) Program goal.--The Secretary may make grants to 
        States and local governments for pre-authorization 
        safety audits and new entrant motor carrier audits as 
        described in section 31144(g).
          (2) Recipients.--Grants made in support of this 
        program may be provided to States and local 
        governments.
          (3) Federal share.--The Federal share of a grant made 
        under this program is 100 percent.
          (4) Eligible activities.--Eligible activities will be 
        in accordance with criteria developed by the Secretary 
        and posted in the Federal Register in advance of the 
        grant application period.
          (5) Determination.--If the Secretary determines that 
        a State or local government is unable to conduct a new 
        entrant motor carrier audit, the Secretary may use the 
        funds to conduct the audit.
  (f) Border Enforcement.--
          (1) Program goal.--The Secretary of Transportation 
        may make a grant for carrying out border commercial 
        motor vehicle safety programs and related enforcement 
        activities and projects.
          (2) Recipients.--The Secretary of Transportation may 
        make a grant to an entity, State, or other person for 
        carrying out border commercial motor vehicle safety 
        programs and related enforcement activities and 
        projects.
          (3) Federal share.--The Secretary shall reimburse a 
        grantee at least 80 percent of the costs incurred in a 
        fiscal year for carrying out border commercial motor 
        vehicle safety programs and related enforcement 
        activities and projects.
          (4) Eligible activities.--An eligible activity will 
        be in accordance with criteria developed by the 
        Secretary and posted in the Federal Register in advance 
        of the grant application period.
  (g) High Priority Initiatives.--
          (1) Program goal.--The Secretary may make grants to 
        carry out high priority activities and projects that 
        improve commercial motor vehicle safety and compliance 
        with commercial motor vehicle safety regulations, 
        including activities and projects that--
                  (A) are national in scope;
                  (B) increase public awareness and education;
                  (C) target unsafe driving of commercial motor 
                vehicles and non-commercial motor vehicles in 
                areas identified as high risk crash corridors;
                  (D) improve consumer protection and 
                enforcement of household goods regulations;
                  (E) improve the movement of hazardous 
                materials safely and securely, including 
                activities related to the establishment of 
                uniform forms and application procedures that 
                improve the accuracy, timeliness, and 
                completeness of commercial motor vehicle safety 
                data reported to the Secretary; or
                  (F) demonstrate new technologies to improve 
                commercial motor vehicle safety.
          (2) Recipients.--The Secretary may allocate amounts 
        to award grants to State agencies, local governments, 
        and other persons for carrying out high priority 
        activities and projects that improve commercial motor 
        vehicle safety and compliance with commercial motor 
        vehicle safety regulations in accordance with the 
        program goals specified in paragraph (1).
          (3) Federal share.--The Secretary shall reimburse a 
        grantee at least 80 percent of the costs incurred in a 
        fiscal year for carrying out the high priority 
        activities or projects.
          (4) Eligible activities.--An eligible activity will 
        be in accordance with criteria that is--
                  (A) developed by the Secretary; and
                  (B) posted in the Federal Register in advance 
                of the grant application period.
  [(e)] (h) Annual Report.--The Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science and 
Transportation of the Senate an annual report that--
          (1) analyzes commercial motor vehicle safety trends 
        among the States and documents the most effective 
        commercial motor vehicle safety programs implemented 
        with grants under this section; and
          (2) describes the effect of activities carried out 
        with grants made under this section on commercial motor 
        vehicle safety.

31103. United States Government's share of costs

  (a) Commercial Motor Vehicle Safety Programs and 
Enforcement.--The Secretary of Transportation shall reimburse a 
State, from a grant made under this subchapter, an amount that 
is not more than 80 percent of the costs incurred by the State 
in a fiscal year in developing and implementing programs to 
improve commercial motor vehicle safety and enforce commercial 
motor vehicle regulations, standards, or orders adopted under 
this subchapter or subchapter II of this chapter. In 
determining those costs, the Secretary shall include in-kind 
contributions by the State. Amounts of the State and its 
political subdivisions required to be expended under [section 
31102(b)(1)(E)] section 31102(b)(2)(E) of this title may not be 
included as part of the share not provided by the United States 
Government. Amounts generated under the unified carrier 
registration agreement under section 14504a and received by a 
State and used for motor carrier safety purposes may be 
included as part of the State's share not provided by the 
United States. The Secretary may allocate among the States 
whose applications for grants have been approved those amounts 
appropriated for grants to support those programs, under 
criteria that may be established.
  (b) Other Activities.--The Secretary may reimburse State 
agencies, local governments, or other persons up to 100 percent 
for public education activities [authorized by section 
31104(f)(2)].

[31104. Availability of amounts

  [(a) In General.--Subject to subsection (f), there are 
authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) to carry out section 
31102--
          [(1) $188,480,000 for fiscal year 2005;
          [(2) $188,000,000 for fiscal year 2006;
          [(3) $197,000,000 for fiscal year 2007;
          [(4) $202,000,000 for fiscal year 2008;
          [(5) $209,000,000 for fiscal year 2009;
          [(6) $209,000,000 for fiscal year 2010;
          [(7) $209,000,000 for fiscal year 2011; and
          [(8) $106,000,000 for the period beginning on October 
        1, 2011, and ending on March 31, 2012.
  [(b) Availability and Reallocation of Amounts.--Amounts made 
available under subsection (a) of this section remain available 
until expended. Allocations to a State remain available for 
expenditure in the State for the fiscal year in which they are 
allocated and for the next fiscal year. Amounts not expended by 
a State during those 2 fiscal years are released to the 
Secretary for reallocation.
  [(c) Reimbursement for Government's Share of Costs.--Amounts 
made available under subsection (a) of this section shall be 
used to reimburse States proportionately for the United States 
Government's share of costs incurred.
  [(d) Grants as Contractual Obligations.--Approval by the 
Secretary of a grant to a State under section 31102 of this 
title is a contractual obligation of the Government for payment 
of the Government's share of costs incurred by the State in 
developing, implementing, or developing and implementing 
programs to enforce commercial motor vehicle regulations, 
standards, and orders.
  [(e) Deduction for Administrative Expenses.--On October 1 of 
each fiscal year or as soon after that date as practicable, the 
Secretary may deduct, from amounts made available under 
subsection (a) of this section for that fiscal year, not more 
than 1.25 percent of those amounts for administrative expenses 
incurred in carrying out section 31102 of this title in that 
fiscal year. The Secretary shall use at least 75 percent of 
those deducted amounts to train non-Government employees and to 
develop related training materials in carrying out section 
31102.
  [(f) Allocation Criteria and Eligibility.--On October 1 of 
each fiscal year or as soon after that date as practicable and 
after making the deduction under subsection (e), the Secretary 
shall allocate amounts made available to carry out section 
31102 for such fiscal year among the States with plans approved 
under section 31102. Such allocation shall be made under such 
criteria as the Secretary prescribes by regulation.
  [(g) Payment to States for Costs.--Each State shall submit 
vouchers for costs the State incurs under this section and 
section 31102 of this title. The Secretary shall pay the State 
an amount not more than the Government share of costs incurred 
as of the date of the vouchers.
  [(h) Intrastate Compatibility.--The Secretary shall prescribe 
regulations specifying tolerance guidelines and standards for 
ensuring compatibility of intrastate commercial motor vehicle 
safety laws and regulations with Government motor carrier 
safety regulations to be enforced under section 31102(a) of 
this title. To the extent practicable, the guidelines and 
standards shall allow for maximum flexibility while ensuring 
the degree of uniformity that will not diminish transportation 
safety. In reviewing State plans and allocating amounts or 
making grants under section 153 of title 23, the Secretary 
shall ensure that the guidelines and standards are applied 
uniformly.
  [(i) Administrative Expenses.--
          [(1) Authorization of appropriations.--There are 
        authorized to be appropriated from the Highway Trust 
        Fund (other than the Mass Transit Account) for the 
        Secretary of Transportation to pay administrative 
        expenses of the Federal Motor Carrier Safety 
        Administration--
                  [(A) $254,849,000 for fiscal year 2005;
                  [(B) $213,000,000 for fiscal year 2006;
                  [(C) $223,000,000 for fiscal year 2007;
                  [(D) $228,000,000 for fiscal year 2008;
                  [(E) $234,000,000 for fiscal year 2009;
                  [(F) $239,828,000 for fiscal year 2010;
                  [(G) $244,144,000 for fiscal year 2011; and
                  [(H) $122,072,000 for the period beginning on 
                October 1, 2011, and ending on March 31, 2012.
          [(2) Use of funds.--The funds authorized by this 
        subsection shall be used for personnel costs; 
        administrative infrastructure; rent; information 
        technology; programs for research and technology, 
        information management, regulatory development, the 
        administration of the performance and registration 
        information system management, and outreach and 
        education; other operating expenses; and such other 
        expenses as may from time to time become necessary to 
        implement statutory mandates of the Administration not 
        funded from other sources.
  [(j) Availability of Funds; Contract Authority.--
          [(1) Period of availability.--The amounts made 
        available under this section shall remain available 
        until expended.
          [(2) Initial date of availability.--Authorizations 
        from the Highway Trust Fund (other than the Mass 
        Transit Account) by this section shall be available for 
        obligation on the date of their apportionment or 
        allocation or on October 1 of the fiscal year for which 
        they are authorized, whichever occurs first.
          [(3) Contract authority.--Approval by the Secretary 
        of a grant with funds made available under this section 
        imposes upon the United States a contractual obligation 
        for payment of the Government's share of costs incurred 
        in carrying out the objectives of the grant.
  [(k) High-Priority Activities.--
          [(1) Criteria.--The Secretary shall establish safety 
        performance criteria to be used to distribute high 
        priority program funds under this subsection.
          [(2) Set aside.--The Secretary may set aside from 
        amounts made available by subsection (a) up to 
        $15,000,000 for each of fiscal years 2006 through 2011 
        and $7,500,000 for the period beginning on October 1, 
        2011, and ending on March 31, 2012, for States, local 
        governments, and organizations representing government 
        agencies or officials described in paragraph (3) for 
        carrying out high priority activities and projects that 
        improve commercial motor vehicle safety and compliance 
        with commercial motor vehicle safety regulations 
        (including activities and projects that are national in 
        scope), increase public awareness and education, 
        demonstrate new technologies, and reduce the number and 
        rate of accidents involving commercial motor vehicles.
          [(3) Description of recipients.--Amounts set aside 
        under this subsection shall be allocated by the 
        Secretary only to State agencies, local governments, 
        and organizations representing government agencies or 
        officials that use and train qualified officers and 
        employees in coordination with State motor vehicle 
        safety agencies.
          [(4) Limitation.--At least 90 percent of the amounts 
        set aside for a fiscal year under this subsection shall 
        be awarded in grants to State agencies and local 
        government agencies.]

31104. Availability of amounts

  (a) In General.--There are authorized to be appropriated from 
Highway Trust Fund (other than the Mass Transit Account) for 
Federal Motor Carrier Safety Administration programs the 
following:
          (1) Compliance, safety, and accountability grants 
        under section 31102.--
                  (A) $249,717,000 for fiscal year 2012, 
                provided that the Secretary shall set aside not 
                less than $168,388,000 to carry out the motor 
                carrier safety assistance program under section 
                31102(b); and
                  (B) $253,814,000 for fiscal year 2013, 
                provided that the Secretary shall set aside not 
                less than $171,813,000 to carry out the motor 
                carrier safety assistance program under section 
                31102(b).
          (2) Data and technology grants under section 31109.--
                  (A) $30,000,000 for fiscal year 2012; and
                  (B) $30,000,000 for fiscal year 2013.
          (3) Driver safety grants under section 31313.--
                  (A) $31,000,000 for fiscal year 2012; and
                  (B) $31,000,000 for fiscal year 2013.
          (4) Criteria.--The Secretary shall develop criteria 
        to allocate the remaining funds under paragraphs (1), 
        (2), and (3) for fiscal year 2013 and for each fiscal 
        year thereafter not later than April 1 of the prior 
        fiscal year.
  (b) Availability and Reallocation of Amounts.--
          (1) Allocations and reallocations.--Amounts made 
        available under subsection (a)(1) remain available 
        until expended. Allocations to a State remain available 
        for expenditure in the State for the fiscal year in 
        which they are allocated and for the next fiscal year. 
        Amounts not expended by a State during those 2 fiscal 
        years are released to the Secretary for reallocation.
          (2) Redistribution of amounts.--The Secretary may, 
        after August 1 of each fiscal year, upon a 
        determination that a State does not qualify for funding 
        under section 31102(b) or that the State will not 
        expend all of its existing funding, reallocate the 
        State's funding. In revising the allocation and 
        redistributing the amounts, the Secretary shall give 
        preference to those States that require additional 
        funding to meet program goals under section 31102(b).
          (3) Period of availability for data and technology 
        grants.--Amounts made available under subsection (a)(2) 
        remain available for obligation for the fiscal year and 
        the next 2 years in which they are appropriated. 
        Allocations remain available for expenditure in the 
        State for 5 fiscal years after they were obligated. 
        Amounts not expended by a State during those 3 fiscal 
        years are released to the Secretary for reallocation.
          (4) Period of availability for driver safety 
        grants.--Amounts made available under subsection (a)(3) 
        of this section remain available for obligation for the 
        fiscal year and the next fiscal year in which they are 
        appropriated. Allocations to a State remain available 
        for expenditure in the State for the fiscal year in 
        which they are allocated and for the following 2 fiscal 
        years. Amounts not expended by a State during those 3 
        fiscal years are released to the Secretary for 
        reallocation.
          (5) Reallocation.--The Secretary, upon a request by a 
        State, may reallocate grant funds previously awarded to 
        the State under a grant program authorized by section 
        31102, 31109, or 31313 to another grant program 
        authorized by those sections upon a showing by the 
        State that it is unable to expend the funds within the 
        12 months prior to their expiration provided that the 
        State agrees to expend the funds within the remaining 
        period of expenditure.
  (c) Grants as Contractual Obligations.--Approval by the 
Secretary of a grant under sections 31102, 31109, and 31313 is 
a contractual obligation of the Government for payment of the 
Government's share of costs incurred in developing and 
implementing programs to improve commercial motor vehicle 
safety and enforce commercial driver's license regulations, 
standards, and orders.
  (d) Deduction for Administrative Expenses.--
          (1) In general.--On October 1 of each fiscal year or 
        as soon after that as practicable, the Secretary may 
        deduct, from amounts made available under--
                  (A) subsection (a)(1) for that fiscal year, 
                not more than 1.5 percent of those amounts for 
                administrative expenses incurred in carrying 
                out section 31102 in that fiscal year;
                  (B) subsection (a)(2) for that fiscal year, 
                not more than 1.4 percent of those amounts for 
                administrative expenses incurred in carrying 
                out section 31109 in that fiscal year; and
                  (C) subsection (a)(3) for that fiscal year, 
                not more than 1.4 percent of those amounts for 
                administrative expenses incurred in carrying 
                out section 31313 in that fiscal year.
          (2) Training.--The Secretary may use at least 50 
        percent of the amounts deducted from the amounts made 
        available under sections (a)(1) and (a)(3) to train 
        non-Government employees and to develop related 
        training materials to carry out sections 31102, 31311, 
        and 31313 of this title.
          (3) Contracts.--The Secretary may use amounts 
        deducted under paragraph (1) to enter into contracts 
        and cooperative agreements with States, local 
        governments, associations, institutions, corporations, 
        and other persons, if the Secretary determines the 
        contracts and cooperative agreements are cost-
        effective, benefit multiple jurisdictions of the United 
        States, and enhance safety programs and related 
        enforcement activities.
  (e) Allocation Criteria and Eligibility.--
          (1) On October 1 of each fiscal year or as soon as 
        practicable after that date after making the deduction 
        under subsection (d)(1)(A), the Secretary shall 
        allocate amounts made available to carry out section 
        31102(b) for such fiscal year among the States with 
        plans approved under that section. Allocation shall be 
        made under the criteria prescribed by the Secretary.
          (2) On October 1 of each fiscal year or as soon as 
        practicable after that date and after making the 
        deduction under subsection (d)(1)(B) or (d)(1)(C), the 
        Secretary shall allocate amounts made available to 
        carry out sections 31109(a) and 31313(b)(1).
  (f) Intrastate Compatibility.--The Secretary shall prescribe 
regulations specifying tolerance guidelines and standards for 
ensuring compatibility of intrastate commercial motor vehicle 
safety laws and regulations with Government motor carrier 
safety regulations to be enforced under section 31102(b). To 
the extent practicable, the guidelines and standards shall 
allow for maximum flexibility while ensuring a degree of 
uniformity that will not diminish transportation safety. In 
reviewing State plans and allocating amounts or making grants 
under section 153 of title 23, United States Code, the 
Secretary shall ensure that the guidelines and standards are 
applied uniformly.
  (g) Withholding Amounts for State Noncompliance.--
          (1) In general.--Subject to criteria established by 
        the Secretary, the Secretary may withhold up to 100 
        percent of the amounts a State is otherwise eligible to 
        receive under section 31102(b) on October 1 of each 
        fiscal year beginning after the date of enactment of 
        the Commercial Motor Vehicle Safety Enhancement Act of 
        2011 and continuing for the period that the State does 
        not comply substantially with a requirement under 
        section 31109(b).
          (2) Subsequent availability of withheld funds.--The 
        Secretary may make the amounts withheld in accordance 
        with paragraph (1) available to a State if the 
        Secretary determines that the State has substantially 
        complied with a requirement under section 31109(b) not 
        later than 180 days after the beginning of the fiscal 
        year in which the amounts are withheld.
  (h) Administrative Expenses.--
          (1) Authorization of appropriations.--There are 
        authorized to be appropriated from the Highway Trust 
        Fund (other than the Mass Transit Account) for the 
        Secretary to pay administrative expenses of the Federal 
        Motor Carrier Safety Administration--
                  (A) $250,819,000 for fiscal year 2012; and
                  (B) $248,523,000 for fiscal year 2013.
          (2) Use of funds.--The funds authorized by this 
        subsection shall be used for personnel costs, 
        administrative infrastructure, rent, information 
        technology, programs for research and technology, 
        information management, regulatory development, the 
        administration of the performance and registration 
        information system management, outreach and education, 
        other operating expenses, and such other expenses as 
        may from time to time be necessary to implement 
        statutory mandates of the Administration not funded 
        from other sources. From the funds authorized by this 
        subsection, the Secretary shall ensure that a review is 
        completed on each motor carrier that demonstrates 
        through performance data that it poses the highest 
        safety risk. At a minimum, a review shall be conducted 
        whenever a motor carrier is among the highest risk 
        carriers for 2 consecutive months.
  (i) Availability of Funds.--
          (1) Period of availability.--The amounts made 
        available under this section shall remain available 
        until expended.
          (2) Initial date of availability.--Authorizations 
        from the Highway Trust Fund (other than the Mass 
        Transit Account) for this section shall be available 
        for obligation on the date of their apportionment or 
        allocation or on October 1 of the fiscal year for which 
        they are authorized, whichever occurs first.

31106. Information systems

  (a) Information Systems and Data Analysis.--
          (1) In general.--Subject to the provisions of this 
        section, the Secretary shall establish and operate 
        motor carrier, commercial motor vehicle, and driver 
        information systems and data analysis programs to 
        support safety regulatory and enforcement activities 
        required under this title.
          (2) Network coordination.--In cooperation with the 
        States, the information systems under this section 
        shall be coordinated into a network providing accurate 
        identification of motor carriers and drivers, 
        commercial motor vehicle registration and license 
        tracking, and motor carrier, commercial motor vehicle, 
        and driver safety performance data.
          (3) Data analysis capacity and programs.--The 
        Secretary shall develop and maintain under this section 
        data analysis capacity and programs that provide the 
        means to--
                  (A) identify and collect necessary motor 
                carrier, commercial motor vehicle, and driver 
                data;
                  (B) evaluate the safety fitness of motor 
                carriers and drivers;
                  (C) develop strategies to mitigate safety 
                problems and to use data analysis to address 
                and measure the effectiveness of such 
                strategies and related programs;
                  (D) determine the cost-effectiveness of 
                Federal and State safety compliance and 
                enforcement programs and other countermeasures;
                  (E) adapt, improve, and incorporate other 
                information and information systems as the 
                Secretary determines appropriate;
                  (F) ensure, to the maximum extent practical, 
                all the data is complete, timely, and accurate 
                across all information systems and initiatives; 
                [and]
                  (G) establish and implement a national motor 
                carrier safety data correction system[.] ; and
                  (H) determine whether a person or employer is 
                or was related, through common ownership, 
                common management, common control, or common 
                familial relationship, to any other person, 
                employer, or any other applicant for 
                registration under section 13902 or 31134.
          (4) Standards.--To implement this section, the 
        Secretary shall prescribe technical and operational 
        standards to ensure--
                  (A) uniform, timely, and accurate information 
                collection and reporting by the States and 
                other entities as determined appropriate by the 
                Secretary;
                  (B) uniform Federal, State, and local 
                policies and procedures necessary to operate 
                the information system; and
                  (C) the reliability and availability of the 
                information to the Secretary and States.
  (b) Performance and Registration Information Program.--
          (1) Information clearinghouse.--The Secretary shall 
        include, as part of the motor carrier information 
        system authorized by this section, a program to 
        establish and maintain a clearinghouse and repository 
        of information related to State registration and 
        licensing of commercial motor vehicles, the registrants 
        of such vehicles, and the motor carriers operating such 
        vehicles. The clearinghouse and repository may include 
        information on the safety fitness of each of the motor 
        carriers and registrants and other information the 
        Secretary considers appropriate, including information 
        on motor carrier, commercial motor vehicle, and driver 
        safety performance.
          (2) Design.--The program shall link Federal motor 
        carrier safety information systems with State 
        commercial vehicle registration and licensing systems 
        and shall be designed to enable a State to--
                  (A) determine the safety fitness of a motor 
                carrier or registrant when licensing or 
                registering the registrant or motor carrier or 
                while the license or registration is in effect; 
                and
                  (B) deny, suspend, or revoke the commercial 
                motor vehicle registrations of a motor carrier 
                or registrant that has been issued an 
                operations out-of-service order by the 
                Secretary.
          (3) Conditions for participation.--The Secretary 
        shall require States, as a condition of participation 
        in the program, to--
                  (A) comply with the uniform policies, 
                procedures, and technical and operational 
                standards prescribed by the Secretary under 
                subsection (a)(4);
                  (B) possess or seek the authority to possess 
                for a time period no longer than determined 
                reasonable by the Secretary, to impose 
                sanctions relating to commercial motor vehicle 
                registration on the basis of a Federal safety 
                fitness determination; and
                  [(C) establish and implement a process to 
                cancel the motor vehicle registration and seize 
                the registration plates of a vehicle when an 
                employer is found liable under section 
                31310(i)(2)(C) for knowingly allowing or 
                requiring an employee to operate such a 
                commercial motor vehicle in violation of an 
                out-of-service order.]
                  (C) establish and implement a process--
                          (i) to cancel the motor vehicle 
                        registration and seize the registration 
                        plates of a vehicle when an employer is 
                        found liable under section 
                        31310(j)(2)(C) for knowingly allowing 
                        or requiring an employee to operate 
                        such a commercial motor vehicle in 
                        violation of an out-of-service order; 
                        and
                          (ii) to reinstate the vehicle 
                        registration or return the registration 
                        plates of the commercial motor vehicle, 
                        subject to sanctions under clause (i), 
                        if the Secretary permits such carrier 
                        to resume operations after the date of 
                        issuance of such order.
          [(4) Grants.--From the funds authorized by section 
        31104(i), the Secretary may make a grant in a fiscal 
        year to a State to implement the performance and 
        registration information system management requirements 
        of this subsection.]
  (c) [Commercial Motor Vehicle Driver Safety Program.]
        (1) In general._In coordination with the information 
        system under section 31309, the Secretary is authorized 
        to establish a program to improve commercial motor 
        vehicle driver safety. The objectives of the program 
        shall include--
          [(1)] (A) enhancing the exchange of driver licensing 
        information among the States, the Federal Government, 
        and foreign countries;
          [(2)] (B) providing information to the judicial 
        system on commercial motor vehicle drivers;
          [(3)] (C) evaluating any aspect of driver performance 
        that the Secretary determines appropriate; and
          [(4)] (D) developing appropriate strategies and 
        countermeasures to improve driver safety.
          (2) Access to records.--The Secretary may require a 
        State, as a condition of an award of grant money under 
        this section, to provide the Secretary access to all 
        State licensing status and driver history records via 
        an electronic information system, subject to section 
        2721 of title 18.
  (d) Cooperative Agreements, Grants, and Contracts.--The 
Secretary may carry out this section either independently or in 
cooperation with other Federal departments, agencies, and 
instrumentalities, or by making grants to, and entering into 
contracts and cooperative agreements with, States, local 
governments, associations, institutions, corporations, and 
other persons.
  [(e)] (e)(1) Information Availability and Privacy Protection 
Policy.--The Secretary shall develop a policy on making 
information available from the information systems authorized 
by this section and section 31309. The policy shall be 
consistent with existing Federal information laws, including 
regulations, and shall provide for review and correction of 
such information in a timely manner.
          (2) In general.--Notwithstanding any prohibition on 
        disclosure of information in section 31105(h) or 
        31143(b) of this title or section 552a of title 5, the 
        Secretary may disclose information maintained by the 
        Secretary pursuant to chapters 51, 135, 311, or 313 of 
        this title to appropriate personnel of a State agency 
        or instrumentality authorized to carry out State 
        commercial motor vehicle safety activities and 
        commercial driver's license laws, or appropriate 
        personnel of a local law enforcement agency, in 
        accordance with standards, conditions, and procedures 
        as determined by the Secretary. Disclosure under this 
        section shall not operate as a waiver by the Secretary 
        of any applicable privilege against disclosure under 
        common law or as a basis for compelling disclosure 
        under section 552 of title 5.

[31109. Performance and registration information system management

  The Secretary of Transportation may make a grant to a State 
to implement the performance and registration information 
system management requirements of section 31106(b).]

31109. Data and technology grants

  (a) General Authority.--The Secretary of Transportation shall 
establish and administer a data and technology grant program to 
assist the States with the implementation and maintenance of 
data systems. The Secretary shall allocate the funds in 
accordance with section 31104.
  (b) Performance Goals.--The Secretary may make a grant to a 
State to implement the performance and registration information 
system management requirements of section 31106(b) to develop, 
implement, and maintain commercial vehicle information systems 
and networks, and other innovative technologies that the 
Secretary determines improve commercial motor vehicle safety.
  (c) Eligibility.--To be eligible for a grant to implement the 
requirements of section 31106(b), the State shall design a 
program that--
          (1) links Federal motor carrier safety information 
        systems with the State's motor carrier information 
        systems;
          (2) determines the safety fitness of a motor carrier 
        or registrant when licensing or registering the 
        registrant or motor carrier or while the license or 
        registration is in effect; and
          (3) denies, suspends, or revokes the commercial motor 
        vehicle registrations of a motor carrier or registrant 
        that was issued an operations out-of-service order by 
        the Secretary.
  (d) Required Participation.--The Secretary shall require 
States that participate in the program under section 31106 to--
          (1) comply with the uniform policies, procedures, and 
        technical and operational standards prescribed by the 
        Secretary under section 31106(b);
          (2) possess or seek the authority to possess for a 
        time period not longer than determined reasonable by 
        the Secretary, to impose sanctions relating to 
        commercial motor vehicle registration on the basis of a 
        Federal safety fitness determination; and
          (3) establish and implement a process to cancel the 
        motor vehicle registration and seize the registration 
        plates of a vehicle when an employer is found liable 
        under section 31310(j)(2)(C) for knowingly allowing or 
        requiring an employee to operate such a commercial 
        motor vehicle in violation of an out of service order.
  (e) Federal Share.--The total Federal share of the cost of a 
project payable from all eligible Federal sources shall be at 
least 80 percent.

31110. Withholding amounts for State noncompliance

  (a) First Fiscal Year.--Subject to criteria established by 
the Secretary of Transportation, the Secretary may withhold up 
to 50 percent of the amount a State is otherwise eligible to 
receive under section 31102(b) on the first day of the fiscal 
year after the first fiscal year following the date of 
enactment of the Commercial Motor Vehicle Safety Enhancement 
Act of 2011 in which the State uses for at least 180 days an 
electronic commercial motor vehicle inspection selection system 
that does not employ a selection methodology approved by the 
Secretary.
  (b) Second Fiscal Year.--The Secretary shall withhold up to 
75 percent of the amount a State is otherwise eligible to 
receive under section 31102(b) on the first day of the fiscal 
year after the second fiscal year following the date of 
enactment of the Commercial Motor Vehicle Safety Enhancement 
Act of 2011 in which the State uses for at least 180 days an 
electronic commercial motor vehicle inspection selection system 
that does not employ a selection methodology approved by the 
Secretary.
  (c) Subsequent Availability of Withheld Funds.--The Secretary 
may make the amounts withheld under subsection (a) or 
subsection (b) available to the State if the Secretary 
determines that the State has substantially complied with the 
requirement described under subsection (a) or subsection (b) 
not later than 180 days after the beginning of the fiscal year 
in which amounts were withheld.

                   SUBCHAPTER III. SAFETY REGULATION

31132. Definitions

  In this subchapter--
          (1) ``commercial motor vehicle'' means a self-
        propelled or towed vehicle used on the highways in 
        interstate commerce to transport passengers or 
        property, if the vehicle--
                  (A) has a gross vehicle weight rating or 
                gross vehicle weight of at least 10,001 pounds, 
                whichever is greater;
                  (B) is designed or used to transport more 
                than 8 passengers (including the driver) for 
                compensation;
                  (C) is designed or used to transport more 
                than 15 passengers, including the driver, and 
                is not used to transport passengers for 
                compensation; or
                  (D) is used in transporting material found by 
                the Secretary of Transportation to be hazardous 
                under section 5103 of this title and 
                transported in a quantity requiring placarding 
                under regulations prescribed by the Secretary 
                under section 5103.
          (2) ``employee'' means an operator of a commercial 
        motor vehicle (including an independent contractor when 
        operating a commercial motor vehicle), a mechanic, a 
        freight handler, or an individual not an employer, 
        who--
                  (A) directly affects commercial motor vehicle 
                safety in the course of employment; and
                  (B) is not an employee of the United States 
                Government, a State, or a political subdivision 
                of a State acting in the course of the 
                employment by the Government, a State, or a 
                political subdivision of a State.
          [(3) ``employer''--
                  [(A) means a person engaged in a business 
                affecting interstate commerce that owns or 
                leases a commercial motor vehicle in connection 
                with that business, or assigns an employee to 
                operate it; but
                  [(B) does not include the Government, a 
                State, or a political subdivision of a State.]
          (3) ``employer''--
                  (A) means a person engaged in a business 
                affecting interstate commerce that--
                          (i) owns or leases a commercial motor 
                        vehicle in connection with that 
                        business, or assigns an employee to 
                        operate the commercial motor vehicle; 
                        or
                          (ii) offers for rent or lease a motor 
                        vehicle designed or used to transport 
                        more than 8 passengers, including the 
                        driver, and from the same location or 
                        as part of the same business provides 
                        names or contact information of 
                        drivers, or holds itself out to the 
                        public as a charter bus company; but
                  (B) does not include the Government, a State, 
                or a political subdivision of a State.
          (4) ``interstate commerce'' means trade, traffic, or 
        transportation in the United States between a place in 
        a State and--
                  (A) a place outside that State (including a 
                place outside the United States); or
                  (B) another place in the same State through 
                another State or through a place outside the 
                United States.
          (5) ``intrastate commerce'' means trade, traffic, or 
        transportation in a State that is not interstate 
        commerce.
          (6) ``medical examiner'' means an individual 
        licensed, certified, or registered in accordance with 
        regulations issued by the Federal Motor Carrier Safety 
        Administration as a medical examiner.
          (7) ``regulation'' includes a standard or order.
          (8) ``State'' means a State of the United States, the 
        District of Columbia, and, in sections 31136 and 31140-
        31142 of this title, a political subdivision of a 
        State.
          (9) ``State law'' includes a law enacted by a 
        political subdivision of a State.
          (10) ``State regulation'' includes a regulation 
        prescribed by a political subdivision of a State.
          (11) ``United States'' means the States of the United 
        States and the District of Columbia.

31134. Requirement for registration and USDOT number

  (a) In General.--Upon application, and subject to subsections 
(b) and (c), the Secretary shall register an employer or person 
subject to the safety jurisdiction of this subchapter. An 
employer or person may operate a commercial motor vehicle in 
interstate commerce only if the employer or person is 
registered by the Secretary under this section and receives a 
USDOT number. Nothing in this section shall preclude 
registration by the Secretary of an employer or person not 
engaged in interstate commerce. An employer or person subject 
to jurisdiction under subchapter I of chapter 135 of this title 
shall apply for commercial registration under section 13902 of 
this title.
  (b) Withholding Registration.--The Secretary may withhold 
registration under subsection (a), after notice and an 
opportunity for a proceeding, if the Secretary determines 
that--
          (1) the employer or person seeking registration is 
        unwilling or unable to comply with the requirements of 
        this subchapter and the regulations prescribed 
        thereunder and chapter 51 and the regulations 
        prescribed thereunder;
          (2) the employer or person is or was related through 
        common ownership, common management, common control, or 
        common familial relationship to any other person or 
        applicant for registration subject to this subchapter 
        who is or was unfit, unwilling, or unable to comply 
        with the requirements listed in subsection (b)(1); or
          (3) the person is the successor, as defined in 
        section 31153, to a person who is or was unfit, 
        unwilling, or unable to comply with the requirements 
        listed in subsection (b)(1).
  (c) Revocation or Suspension of Registration.--The Secretary 
shall revoke the registration of an employer or person under 
subsection (a) after notice and an opportunity for a 
proceeding, or suspend the registration after giving notice of 
the suspension to the employer or person, if the Secretary 
determines that--
          (1) the employer's or person's authority to operate 
        pursuant to chapter 139 of this title would be subject 
        to revocation or suspension under sections 13905(d)(1) 
        or 13905(f) of this title;
          (2) the employer or person is or was related through 
        common ownership, common management, common control, or 
        common familial relationship to any other person or 
        applicant for registration subject to this subchapter 
        that the Secretary determines is or was unfit, 
        unwilling, or unable to comply with the requirements 
        listed in subsection (b)(1);
          (3) the person is the successor, as defined in 
        section 31153, to a person the Secretary determines is 
        or was unfit, unwilling, or unable to comply with the 
        requirements listed in subsection (b)(1); or
          (4) the employer or person failed or refused to 
        submit to the safety review required by section 
        31144(g) of this title.
  (d) Periodic Registration Update.--The Secretary may require 
an employer to update a registration under this section 
periodically or not later than 30 days after a change in the 
employer's address, other contact information, officers, 
process agent, or other essential information, as determined by 
the Secretary.

31135. Duties of employers and employees

  (a) In General.--Each employer and employee shall comply with 
regulations on commercial motor vehicle safety prescribed by 
the Secretary of Transportation under this subchapter that 
apply to the employer's or employee's conduct.
  [(b) Pattern of Noncompliance.--If the Secretary finds that 
an officer of a motor carrier engages or has engaged in a 
pattern or practice of avoiding compliance, or masking or 
otherwise concealing noncompliance, with regulations on 
commercial motor vehicle safety prescribed under this 
subchapter, while serving as an officer of any motor carrier, 
the Secretary may suspend, amend, or revoke any part of the 
motor carrier's registration under section 13905.]
  (b) Noncompliance.--
          (1) Motor carriers.--Two or more motor carriers, 
        employers, or persons shall not use common ownership, 
        common management, common control, or common familial 
        relationship to enable any or all such motor carriers, 
        employers, or persons to avoid compliance, or mask or 
        otherwise conceal non-compliance, or a history of non-
        compliance, with regulations prescribed under this 
        subchapter or an order of the Secretary issued under 
        this subchapter.
          (2) Pattern.--If the Secretary finds that a motor 
        carrier, employer, or person engaged in a pattern or 
        practice of avoiding compliance, or masking or 
        otherwise concealing noncompliance, with regulations 
        prescribed under this subchapter, the Secretary--
                  (A) may withhold, suspend, amend, or revoke 
                any part of the motor carrier's, employer's, or 
                person's registration in accordance with 
                section 13905 or 31134; and
                  (B) shall take into account such non-
                compliance for purposes of determining civil 
                penalty amounts under section 521(b)(2)(D).
          (3) Officers.--If the Secretary finds, after notice 
        and an opportunity for proceeding, that an officer of a 
        motor carrier, employer, or owner or operator engaged 
        in a pattern or practice of violating regulations 
        prescribed under this subchapter, or assisted a motor 
        carrier, employer, or owner or operator in avoiding 
        compliance, or masking or otherwise concealing 
        noncompliance, the Secretary may impose appropriate 
        sanctions, subject to the limitations in paragraph (4), 
        including--
                  (A) suspension or revocation of registration 
                granted to the officer individually under 
                section 13902 or 31134;
                  (B) temporary or permanent suspension or bar 
                from association with any motor carrier, 
                employer, or owner or operator registered under 
                section 13902 or 31134; or
                  (C) any appropriate sanction approved by the 
                Secretary.
          (4) Limitations.--The sanctions described in 
        subparagraphs (A) through (C) of subsection (b)(3) 
        shall apply to--
                  (A) intentional or knowing conduct, including 
                reckless conduct that violates applicable laws 
                (including regulations); and
                  (B) repeated instances of negligent conduct 
                that violates applicable laws (including 
                regulations).
  [(c) Regulations.--Not later than 1 year after the date of 
enactment of this subsection, the Secretary shall by regulation 
establish standards to implement subsection (b).]
  (c) Avoiding Compliance.--For purposes of this section, 
``avoiding compliance'' or ``masking or otherwise concealing 
noncompliance'' includes serving as an officer or otherwise 
exercising controlling influence over 2 or more motor carriers 
where--
          (1) one of the carriers was placed out of service, or 
        received notice from the Secretary that it will be 
        placed out of service, following--
                  (A) a determination of unfitness under 
                section 31144(b);
                  (B) a suspension or revocation of 
                registration under section 13902, 13905, or 
                31144(g);
                  (C) issuance of an imminent hazard out of 
                service order under section 521(b)(5) or 
                section 5121(d); or
                  (D) notice of failure to pay a civil penalty 
                or abide by a penalty payment plan; and
          (2) one or more of the carriers is the ``successor,'' 
        as that term is defined in section 31153, to the 
        carrier that is the subject of the action in paragraph 
        (1).
  (d) Definitions.--In this section, the following definitions 
apply:
          (1) Motor carrier.--The term ``motor carrier'' has 
        the meaning such term has under section 13102.
          (2) Officer.--The term ``officer'' means an owner, 
        director, chief executive officer, chief operating 
        officer, chief financial officer, safety director, 
        vehicle maintenance supervisor, and driver supervisor 
        of a motor carrier, regardless of the title attached to 
        those functions, and any person, however designated, 
        exercising controlling influence over the operations of 
        a motor carrier.

31136. United States Government regulations

  (a) Minimum Safety Standards.--Subject to section 30103(a) of 
this title, the Secretary of Transportation shall prescribe 
regulations on commercial motor vehicle safety. The regulations 
shall prescribe minimum safety standards for commercial motor 
vehicles. At a minimum, the regulations shall ensure that--
          (1) commercial motor vehicles are maintained, 
        equipped, loaded, and operated safely;
          (2) the responsibilities imposed on operators of 
        commercial motor vehicles do not impair their ability 
        to operate the vehicles safely;
          (3) the physical condition of operators of commercial 
        motor vehicles is adequate to enable them to operate 
        the vehicles safely and the periodic physical 
        examinations required of such operators are performed 
        by medical examiners who have received training in 
        physical and medical examination standards and, after 
        the national registry maintained by the Department of 
        Transportation under section 31149(d) is established, 
        are listed on such registry; [and]
          (4) the operation of commercial motor vehicles does 
        not have a deleterious effect on the physical condition 
        of the operators[.] ; and
          (5) an operator of a commercial motor vehicle is not 
        coerced by a motor carrier, shipper, receiver, or 
        transportation intermediary to operate a commercial 
        motor vehicle in violation of a regulation promulgated 
        under this section, or chapter 51 or chapter 313 of 
        this title.

           *       *       *       *       *       *       *


[31137. Monitoring device and brake maintenance regulations]

31137. Electronic on-board recording devices and brake maintenance 
                    regulations

  [(a) Use of Monitoring Devices.--If the Secretary of 
Transportation prescribes a regulation about the use of 
monitoring devices on commercial motor vehicles to increase 
compliance by operators of the vehicles with hours of service 
regulations of the Secretary, the regulation shall ensure that 
the devices are not used to harass vehicle operators. However, 
the devices may be used to monitor productivity of the 
operators.]
  (a) Electronic On-Board Recording Devices.--Not later than 1 
year after the date of enactment of the Commercial Motor 
Vehicle Safety Enhancement Act of 2011, the Secretary of 
Transportation shall prescribe regulations--
          (1) requiring a commercial motor vehicle involved in 
        interstate commerce and operated by a driver subject to 
        the hours of service and the record of duty status 
        requirements under part 395 of title 49, Code of 
        Federal Regulations, be equipped with an electronic on-
        board recording device to improve compliance by an 
        operator of a vehicle with hours of service regulations 
        prescribed by the Secretary; and
          (2) ensuring that an electronic on-board recording 
        device is not used to harass a vehicle operator.
  (b) Electronic On-Board Recording Device Requirements.--
          (1) In general.--The regulations prescribed under 
        subsection (a) shall--
                  (A) require an electronic on-board recording 
                device--
                          (i) to accurately record commercial 
                        driver hours of service;
                          (ii) to record the location of a 
                        commercial motor vehicle;
                          (iii) to be tamper resistant; and
                          (iv) to be integrally synchronized 
                        with an engine's control module;
                  (B) allow law enforcement to access the data 
                contained in the device during a roadside 
                inspection; and
                  (C) apply to a commercial motor vehicle 
                beginning on the date that is 2 years after the 
                date that the regulations are published as a 
                final rule.
          (2) Performance and design standards.--The 
        regulations prescribed under subsection (a) shall 
        establish performance standards--
                  (A) defining a standardized user interface to 
                aid vehicle operator compliance and law 
                enforcement review;
                  (B) establishing a secure process for 
                standardized--
                          (i) and unique vehicle operator 
                        identification;
                          (ii) data access;
                          (iii) data transfer for vehicle 
                        operators between motor vehicles;
                          (iv) data storage for a motor 
                        carrier; and
                          (v) data transfer and 
                        transportability for law enforcement 
                        officials;
                  (C) establishing a standard security level 
                for an electronic on-board recording device and 
                related components to be tamper resistant by 
                using a methodology endorsed by a nationally 
                recognized standards organization; and
                  (D) identifying each driver subject to the 
                hours of service and record of duty status 
                requirements under part 395 of title 49, Code 
                of Federal Regulations.
  (c) Certification Criteria.--
          (1) In general.--The regulations prescribed by the 
        Secretary under this section shall establish the 
        criteria and a process for the certification of an 
        electronic on-board recording device to ensure that the 
        device meets the performance requirements under this 
        section.
          (2) Effect of noncertification.--An electronic on-
        board recording device that is not certified in 
        accordance with the certification process referred to 
        in paragraph (1) shall not be acceptable evidence of 
        hours of service and record of duty status requirements 
        under part 395 of title 49, Code of Federal 
        Regulations.
  (d) Electronic On-Board Recording Device Defined.--In this 
section, the term ``electronic on-board recording device'' 
means an electronic device that--
          (1) is capable of recording a driver's hours of 
        service and duty status accurately and automatically; 
        and
          (2) meets the requirements established by the 
        Secretary through regulation.
  [(b)] (e) Brakes and Brake Systems Maintenance Regulations.--
[Not later than December 31, 1990, the Secretary shall 
prescribe] The Secretary shall maintain regulations on improved 
standards or methods to ensure that brakes and brake systems of 
commercial motor vehicles are maintained properly and inspected 
by appropriate employees. At a minimum, the regulations shall 
establish minimum training requirements and qualifications for 
employees responsible for maintaining and inspecting the brakes 
and brake systems.

31144. Safety fitness of owners and operators

  (a) In General.--The Secretary shall--
          (1) determine whether an owner or operator is fit to 
        operate safely commercial motor vehicles, utilizing 
        among other things the accident record of an owner or 
        operator operating in interstate commerce and the 
        accident record and safety inspection record of such 
        owner or operator--
                  (A) in operations that affect interstate 
                commerce within the United States; and
                  (B) in operations in Canada and Mexico if the 
                owner or operator also conducts operations 
                within the United States;
          (2) periodically update such safety fitness 
        determinations;
          (3) make such final safety fitness determinations 
        readily available to the public; and
          (4) prescribe by regulation penalties for violations 
        of this section consistent with section 521.
  (b) Procedure.--The Secretary shall maintain by regulation a 
procedure for determining the safety fitness of an owner or 
operator. The procedure shall include, at a minimum, the 
following elements:
          (1) Specific initial and continuing requirements with 
        which an owner or operator must comply to demonstrate 
        safety fitness.
          (2) A methodology the Secretary will use to determine 
        whether an owner or operator is fit.
          (3) Specific time frames within which the Secretary 
        will determine whether an owner or operator is fit.
  (c) Prohibited Transportation.--
          (1) In general.--Except as provided in section 
        521(b)(5)(A) and this subsection, an owner or operator 
        who the Secretary determines is not fit may not operate 
        commercial motor vehicles in interstate commerce 
        beginning on the 61st day after the date of such 
        fitness determination and until the Secretary 
        determines such owner or operator is fit, and such 
        period shall be for not less than 10 days.
          (2) Owners or operators transporting passengers.--
        With regard to owners or operators of commercial motor 
        vehicles designed or used to transport passengers, an 
        owner or operator who the Secretary determines is not 
        fit may not operate in interstate commerce beginning on 
        the 46th day after the date of such fitness 
        determination and until the Secretary determines such 
        owner or operator is fit, and such period shall be for 
        not less than 10 days.
          (3) Owners or operators transporting hazardous 
        material.--With regard to owners or operators of 
        commercial motor vehicles designed or used to transport 
        hazardous material for which placarding of a motor 
        vehicle is required under regulations prescribed under 
        chapter 51, an owner or operator who the Secretary 
        determines is not fit may not operate in interstate 
        commerce beginning on the 46th day after the date of 
        such fitness determination and until the Secretary 
        determines such owner or operator is fit, and such 
        period shall be for not less than 10 days. A violation 
        of this paragraph by an owner or operator transporting 
        hazardous material shall be considered a violation of 
        chapter 51, and shall be subject to the penalties in 
        sections 5123 and 5124.
          (4) Secretary's discretion.--Except for owners or 
        operators described in paragraphs (2) and (3), the 
        Secretary may allow an owner or operator who is not fit 
        to continue operating for an additional 60 days after 
        the 61st day after the date of the Secretary's fitness 
        determination, if the Secretary determines that such 
        owner or operator is making a good faith effort to 
        become fit.
          (5) Transportation affecting interstate commerce.--
        Owners or operators of commercial motor vehicles 
        prohibited from operating in interstate commerce 
        pursuant to paragraphs (1) through (3) of this section 
        may not operate any commercial motor vehicle that 
        affects interstate commerce until the Secretary 
        determines that such owner or operator is fit.
  (d) Determination of Unfitness by State.--If a State that 
receives motor carrier safety assistance program funds under 
section 31102 determines, by applying the standards prescribed 
by the Secretary under subsection (b), that an owner or 
operator of a commercial motor vehicle that has its principal 
place of business in that State and operates in intrastate 
commerce is unfit under such standards and prohibits the owner 
or operator from operating such vehicle in the State, the 
Secretary shall prohibit the owner or operator from operating 
such vehicle in interstate commerce until the State determines 
that the owner or operator is fit.
  (e) Review of Fitness Determinations.--
          (1) In general.--Not later than 45 days after an 
        unfit owner or operator requests a review, the 
        Secretary shall review such owner's or operator's 
        compliance with those requirements with which the owner 
        or operator failed to comply and resulted in the 
        Secretary determining that the owner or operator was 
        not fit.
          (2) Owners or operators transporting passengers.--Not 
        later than 30 days after an unfit owner or operator of 
        commercial motor vehicles designed or used to transport 
        passengers requests a review, the Secretary shall 
        review such owner's or operator's compliance with those 
        requirements with which the owner or operator failed to 
        comply and resulted in the Secretary determining that 
        the owner or operator was not fit.
          (3) Owners or operators transporting hazardous 
        material.--Not later than 30 days after an unfit owner 
        or operator of commercial motor vehicles designed or 
        used to transport hazardous material for which 
        placarding of a motor vehicle is required under 
        regulations prescribed under chapter 51, the Secretary 
        shall review such owner's or operator's compliance with 
        those requirements with which the owner or operator 
        failed to comply and resulted in the Secretary 
        determining that the owner or operator was not fit.
  (f) Prohibited Government Use.--A department, agency, or 
instrumentality of the United States Government may not use to 
provide any transportation service an owner or operator who the 
Secretary has determined is not fit until the Secretary 
determines such owner or operator is fit.
  (g) Safety Reviews of New Operators.--
          [(1) In general.--The Secretary shall require, by 
        regulation, each owner and each operator granted new 
        operating authority, after the date on which section 
        31148(b) is first implemented, to undergo a safety 
        review within the first 18 months after the owner or 
        operator, as the case may be, begins operations under 
        such authority.]
          (1) Safety review.--
                  (A) In general.--The Secretary shall require, 
                by regulation, each owner and each operator 
                transporting property granted new registration 
                under section 13902 or 31134 to undergo a 
                safety review not later than 12 months after 
                the owner or operator, as the case may be, 
                begins operations under such registration.
                  (B) Providers of motorcoach services.--The 
                Secretary may register a person to provide 
                motorcoach services under section 13902 or 
                31134 after the person undergoes a pre-
                authorization safety audit, including 
                verification, in a manner sufficient to 
                demonstrate the ability to comply with Federal 
                rules and regulations, as described in section 
                13902. The Secretary shall continue to monitor 
                the safety performance of each owner and each 
                operator subject to this section for 12 months 
                after the owner or operator is granted 
                registration under section 13902 or 31134. The 
                registration of each owner and each operator 
                subject to this section shall become permanent 
                after the motorcoach service provider is 
                granted registration following a pre-
                authorization safety audit and the expiration 
                of the 12 month monitoring period.
                  (C) Pre-authorization safety audit.--The 
                Secretary may require, by regulation, that the 
                pre-authorization safety audit under 
                subparagraph (B) be completed on-site not later 
                than 90 days after the submission of an 
                application for operating authority.\4\
---------------------------------------------------------------------------
    \4\ The amendment to section 31144(g)(1) takes effect 1 year after 
the date of enactment of the Commercial Motor Vehicle Safety 
Enhancement Act of 2011.
---------------------------------------------------------------------------
          (2) Elements.--In the regulations issued pursuant to 
        paragraph (1), the Secretary shall establish the 
        elements of the safety review, including basic safety 
        management controls. In establishing such elements, the 
        Secretary shall consider their effects on small 
        businesses and shall consider establishing alternate 
        locations where such reviews may be conducted for the 
        convenience of small businesses.
          (3) Phase-in of requirement.--The Secretary shall 
        phase in the requirements of paragraph (1) in a manner 
        that takes into account the availability of certified 
        motor carrier safety auditors.
          (4) New entrant authority.--Notwithstanding any other 
        provision of this title, any new operating authority 
        granted after the date on which section 31148(b) is 
        first implemented shall be designated as new entrant 
        authority until the safety review required by paragraph 
        (1) is completed.
          (5) New entrant audits.--
                  (A) Grants.--The Secretary may make grants to 
                States and local governments for new entrant 
                motor carrier audits under this subsection 
                without requiring a matching contribution from 
                such States and local governments.
                  (B) Set aside.--The Secretary shall set aside 
                from amounts made available by section 31104(a) 
                up to $29,000,000 per fiscal year and up to 
                $14,500,000 for the period beginning on October 
                1, 2011, and ending on March 31, 2012, for 
                audits of new entrant motor carriers conducted 
                pursuant to this paragraph.
                  (C) Determination.--If the Secretary 
                determines that a State or local government is 
                not able to use government employees to conduct 
                new entrant motor carrier audits, the Secretary 
                may use the funds set aside under this 
                paragraph to conduct audits for such States or 
                local governments.
          (6) Additional requirements for household goods motor 
        carriers.--
                  (A) In addition to the requirements of this 
                subsection, the Secretary shall require, by 
                regulation, each registered household goods 
                motor carrier to undergo a consumer protection 
                standards review not later than 18 months after 
                the household goods motor carrier begins 
                operations under such authority.
                  (B) Elements.--In the regulations issued 
                pursuant to subparagraph (A), the Secretary 
                shall establish the elements of the consumer 
                protections standards review, including basic 
                management controls. In establishing the 
                elements, the Secretary shall consider the 
                effects on small businesses and shall consider 
                establishing alternate locations where such 
                reviews may be conducted for the convenience of 
                small businesses.\5\ 
---------------------------------------------------------------------------
    \5\ The amendment adding paragraph (6) to section 31144(g) takes 
effect 2 years after the date of enactment of the Commercial Motor 
Vehicle Safety Enhancement Act of 2011.
---------------------------------------------------------------------------
  (h) Recognition of Canadian Motor Carrier Safety Fitness 
Determinations.--
          (1) If an authorized agency of the Canadian federal 
        government or a Canadian Territorial or Provincial 
        government determines, by applying the procedure and 
        standards prescribed by the Secretary under subsection 
        (b) or pursuant to an agreement under paragraph (2), 
        that a Canadian employer is unfit and prohibits the 
        employer from operating a commercial motor vehicle in 
        Canada or any Canadian Province, the Secretary may 
        prohibit the employer from operating such vehicle in 
        interstate and foreign commerce until the authorized 
        Canadian agency determines that the employer is fit.
          (2) The Secretary may consult and participate in 
        negotiations with authorized officials of the Canadian 
        federal government or a Canadian Territorial or 
        Provincial government, as necessary, to provide 
        reciprocal recognition of each country's motor carrier 
        safety fitness determinations. An agreement shall 
        provide, to the maximum extent practicable, that each 
        country will follow the procedure and standards 
        prescribed by the Secretary under subsection (b) in 
        making motor carrier safety fitness determinations.
  (i) Commercial Motor Vehicle Drivers.--The Secretary may 
maintain by regulation a procedure for determining the safety 
fitness of a commercial motor vehicle driver and for 
prohibiting the driver from operating in interstate commerce. 
The procedure and prohibition shall include the following:
          (1) Specific initial and continuing requirements that 
        a driver must comply with to demonstrate safety 
        fitness.
          (2) The methodology and continually updated safety 
        performance data that the Secretary will use to 
        determine whether a driver is fit, including inspection 
        results, serious traffic offenses, and crash 
        involvement data.
          (3) Specific time frames within which the Secretary 
        will determine whether a driver is fit.
          (4) A prohibition period or periods, not to exceed 1 
        year, that a driver that the Secretary determines is 
        not fit will be prohibited from operating a commercial 
        motor vehicle in interstate commerce. The period or 
        periods shall begin on the 46th day after the date of 
        the fitness determination and continue until the 
        Secretary determines the driver is fit or until the 
        prohibition period expires.
          (5) A review by the Secretary, not later than 30 days 
        after an unfit driver requests a review, of the 
        driver's compliance with the requirements the driver 
        failed to comply with and that resulted in the 
        Secretary determining that the driver was not fit. The 
        burden of proof shall be on the driver to demonstrate 
        fitness.
          (6) The eligibility criteria for reinstatement, 
        including the remedial measures the unfit driver must 
        take for reinstatement.
  (j) Periodic Safety Reviews of Providers of Motorcoach 
Services.--
          (1) Safety review.--
                  (A) In general.--The Secretary shall--
                          (i) determine the safety fitness of 
                        all providers of motorcoach services 
                        registered with the Federal Motor 
                        Carrier Safety Administration; and
                          (ii) assign a safety fitness rating 
                        to each such provider.
                  (B) Applicability.--Subparagraph (A) shall 
                apply--
                          (i) to any provider of motorcoach 
                        services registered with the 
                        Administration after the date of 
                        enactment of the Motorcoach Enhanced 
                        Safety Act of 2011 beginning not later 
                        than 2 years after the date of such 
                        registration; and
                          (ii) to any provider of motorcoach 
                        services registered with the 
                        Administration on or before the date of 
                        enactment of that Act beginning not 
                        later than 3 years after the date of 
                        enactment of that Act.
          (2) Periodic review.--The Secretary shall establish, 
        by regulation, a process for monitoring the safety 
        performance of each provider of motorcoach services on 
        a regular basis following the assignment of a safety 
        fitness rating, including progressive intervention to 
        correct unsafe practices.
          (3) Enforcement strike forces.--In addition to the 
        enhanced monitoring and enforcement actions required 
        under paragraph (2), the Secretary may organize special 
        enforcement strike forces targeting providers of 
        motorcoach services.
          (4) Periodic update of safety fitness rating.--In 
        conducting the safety reviews required under this 
        subsection, the Secretary shall reassess the safety 
        fitness rating of each provider not less frequently 
        than once every 3 years.
          (5) Motorcoach services defined.--In this subsection, 
        the term ``provider of motorcoach services'' has the 
        meaning given such term in section 702 of the 
        Motorcoach Enhanced Safety Act of 2011.

31149. Medical program

  (a) Medical Review Board.--
          (1) Establishment and function.--The Secretary of 
        Transportation shall establish a Medical Review Board 
        to provide the Federal Motor Carrier Safety 
        Administration with medical advice and recommendations 
        on medical standards and guidelines for the physical 
        qualifications of operators of commercial motor 
        vehicles, medical examiner education, and medical 
        research.
          (2) Composition.--The Medical Review Board shall be 
        appointed by the Secretary and shall consist of 5 
        members selected from medical institutions and private 
        practice. The membership shall reflect expertise in a 
        variety of medical specialties relevant to the driver 
        fitness requirements of the Federal Motor Carrier 
        Safety Administration.
  (b) Chief Medical Examiner.--The Secretary shall appoint a 
chief medical examiner who shall be an employee of the Federal 
Motor Carrier Safety Administration and who shall hold a 
position under section 3104 of title 5, United States Code, 
relating to employment of specially qualified scientific and 
professional personnel, and shall be paid under section 5376 of 
title 5, United States Code, relating to pay for certain 
senior-level positions.
  (c) Medical Standards and Requirements.--
          (1) In general.--The Secretary, with the advice of 
        the Medical Review Board and the chief medical 
        examiner, shall--
                  (A) establish, review, and revise--
                          (i) medical standards for operators 
                        of commercial motor vehicles that will 
                        ensure that the physical condition of 
                        operators of commercial motor vehicles 
                        is adequate to enable them to operate 
                        the vehicles safely; and
                          (ii) requirements for periodic 
                        physical examinations of such operators 
                        performed by medical examiners who 
                        have, at a minimum, self-certified that 
                        they have completed training in 
                        physical and medical examination 
                        standards and are listed on a national 
                        registry maintained by the Department 
                        of Transportation;
                  (B) require each such operator to have a 
                current valid medical certificate;
                  (C) conduct periodic reviews of a select 
                number of medical examiners on the national 
                registry to ensure that proper examinations of 
                such operators are being conducted;
                  [(D) develop, as appropriate, specific 
                courses and materials for medical examiners 
                listed in the national registry established 
                under this section, and require those medical 
                examiners to, at a minimum, self-certify that 
                they have completed specific training, 
                including refresher courses, to be listed in 
                the registry;]
                  (D) not later than 1 year after enactment of 
                the Commercial Motor Vehicle Safety Enhancement 
                Act of 2011, develop requirements for a medical 
                examiner to be listed in the national registry 
                under this section, including--
                          (i) the completion of specific 
                        courses and materials;
                          (ii) certification, including self-
                        certification, if the Secretary 
                        determines that self-certification is 
                        necessary for sufficient participation 
                        in the national registry, to verify 
                        that a medical examiner completed 
                        specific training, including refresher 
                        courses, that the Secretary determines 
                        necessary to be listed in the national 
                        registry;
                          (iii) an examination that requires a 
                        passing grade; and
                          (iv) demonstration of a medical 
                        examiner's willingness to meet the 
                        reporting requirements established by 
                        the Secretary;
                  (E) require medical examiners to transmit the 
                name of the applicant and numerical identifier, 
                as determined by the Administrator of the 
                Federal Motor Carrier Safety Administration, 
                for any completed medical examination report 
                required under section 391.43 of title 49, Code 
                of Federal Regulations, electronically to the 
                chief medical examiner on monthly basis; [and]
                  (F) periodically review a representative 
                sample of the medical examination reports 
                associated with the name and numerical 
                identifiers of applicants transmitted under 
                subparagraph (E) for errors, omissions, or 
                other indications of improper certification[.] 
                ; and
                  (G) annually review the implementation of 
                commercial driver's license requirements by not 
                fewer than 10 States to assess the accuracy, 
                validity, and timeliness of--
                          (i) the submission of physical 
                        examination reports and medical 
                        certificates to State licensing 
                        agencies; and
                          (ii) the processing of the 
                        submissions by State licensing 
                        agencies.\6\ 
---------------------------------------------------------------------------
    \6\ The amendments to subparagraphs (E), (F), and (G) of section 
31149(c)(1), United States Code, take effect on the date oversight 
policies and procedures are established under section 303(c)(2)(A) of 
the Commercial Motor Vehicle Safety Enhancement Act of 2011.
---------------------------------------------------------------------------
          (2) Monitoring performance.--The Secretary shall 
        investigate patterns of errors or improper 
        certification by a medical examiner. If the Secretary 
        finds that a medical examiner has issued a medical 
        certificate to an operator of a commercial motor 
        vehicle who fails to meet the applicable standards at 
        the time of the examination or that a medical examiner 
        has falsely claimed to have completed training in 
        physical and medical examination standards as required 
        by this section, the Secretary may remove such medical 
        examiner from the registry and may void the medical 
        certificate of the applicant or holder.
  (d) National Registry of Medical Examiners.--The Secretary, 
acting through the Federal Motor Carrier Safety 
Administration--
          (1) shall establish and maintain a current national 
        registry of medical examiners who are qualified to 
        perform examinations and issue medical certificates;
          (2) shall remove from the registry the name of any 
        medical examiner that fails to meet or maintain the 
        qualifications established by the Secretary for being 
        listed in the registry or otherwise does not meet the 
        requirements of this section or regulation issued under 
        this section;
          (3) shall accept as valid only medical certificates 
        issued by persons on the national registry of medical 
        examiners; and
          (4) may make participation of medical examiners in 
        the national registry voluntary if such a change will 
        enhance the safety of operators of commercial motor 
        vehicles.
  (e) Regulations.--The Secretary shall issue such regulations 
as may be necessary to carry out this section.

31151. Roadability

  (a) Inspection, Repair, and Maintenance of Intermodal 
Equipment.--
          [(1) In general.--Not later than 1 year after the 
        date of enactment of this section, the Secretary of 
        Transportation, after providing notice and opportunity 
        for comment, shall issue regulations establishing a 
        program to ensure that intermodal equipment used to 
        transport intermodal containers is safe and 
        systematically maintained.]
          (1) In general.--The Secretary of Transportation 
        shall maintain a program to ensure that intermodal 
        equipment used to transport intermodal containers is 
        safe and systematically maintained.
          (2) Intermodal equipment safety regulations.--The 
        Secretary shall issue the regulations under this 
        section as a subpart of the Federal motor carrier 
        safety regulations.
          (3) Contents.--The regulations issued under this 
        section shall include, at a minimum--
                  (A) a requirement to identify intermodal 
                equipment providers responsible for the 
                inspection and maintenance of intermodal 
                equipment that is interchanged or intended for 
                interchange to motor carriers in intermodal 
                transportation;
                  (B) a requirement to match intermodal 
                equipment readily to an intermodal equipment 
                provider through a unique identifying number;
                  (C) a requirement that an intermodal 
                equipment provider identified under 
                subparagraph (A) systematically inspect, 
                repair, and maintain, or cause to be 
                systematically inspected, repaired, and 
                maintained, intermodal equipment described in 
                subparagraph (A) that is intended for 
                interchange with a motor carrier;
                  (D) a requirement to ensure that each 
                intermodal equipment provider identified under 
                subparagraph (A) maintains a system of 
                maintenance and repair records for such 
                equipment;
                  (E) requirements that--
                          (i) a specific list of intermodal 
                        equipment components or items be 
                        identified for the visual or audible 
                        inspection of which a driver is 
                        responsible before operating the 
                        equipment over the road; and
                          (ii) the inspection under clause (i) 
                        be conducted as part of the Federal 
                        requirement in effect on the date of 
                        enactment of this section that a driver 
                        be satisfied that the intermodal 
                        equipment components are in good 
                        working order before the equipment is 
                        operated over the road;
                  (F) a requirement that a facility at which an 
                intermodal equipment provider regularly makes 
                intermodal equipment available for interchange 
                have an operational process and space readily 
                available for a motor carrier to have an 
                equipment defect identified pursuant to 
                subparagraph (E) repaired or the equipment 
                replaced prior to departure;
                  (G) a program for the evaluation and audit of 
                compliance by intermodal equipment providers 
                with applicable Federal motor carrier safety 
                regulations;
                  (H) a civil penalty structure consistent with 
                section 521(b) of title 49, United States Code, 
                for intermodal equipment providers that fail to 
                attain satisfactory compliance with applicable 
                Federal motor carrier safety regulations; and
                  (I) a prohibition on intermodal equipment 
                providers from placing intermodal equipment in 
                service on the public highways to the extent 
                such providers or their equipment are found to 
                pose an imminent hazard;
                  (J) a process by which motor carriers and 
                agents of motor carriers shall be able to 
                request the Federal Motor Carrier Safety 
                Administration to undertake an investigation of 
                an intermodal equipment provider identified 
                under subparagraph (A) that is alleged to be 
                not in compliance with the regulations under 
                this section;
                  (K) a process by which equipment providers 
                and agents of equipment providers shall be able 
                to request the Administration to undertake an 
                investigation of a motor carrier that is 
                alleged to be not in compliance with the 
                regulations issued under this section;
                  (L) a process by which a driver or motor 
                carrier transporting intermodal equipment is 
                required to report to the intermodal equipment 
                provider or the provider's designated agent any 
                actual damage or defect in the intermodal 
                equipment of which the driver or motor carrier 
                is aware at the time the intermodal equipment 
                is returned to the intermodal equipment 
                provider or the provider's designated agent;
                  (M) a requirement that any actual damage or 
                defect identified in the process established 
                under subparagraph (L) be repaired before the 
                equipment is made available for interchange to 
                a motor carrier and that repairs of equipment 
                made pursuant to the requirements of this 
                subparagraph and reports made pursuant to the 
                subparagraph (L) process be documented in the 
                maintenance records for such equipment; and
                  (N) a procedure under which motor carriers, 
                drivers and intermodal equipment providers may 
                seek correction of their motor carrier safety 
                records through the deletion from those records 
                of violations of safety regulations 
                attributable to deficiencies in the intermodal 
                chassis or trailer for which they should not 
                have been held responsible.
          [(4) Deadline for rulemaking proceeding.--Not later 
        than 120 days after the date of enactment of this 
        section, the Secretary shall initiate a rulemaking 
        proceeding for issuance of the regulations under this 
        section.]

           *       *       *       *       *       *       *


31152. Disqualification for failure to pay

  An individual assessed a civil penalty under this chapter, or 
chapters 5, 51, or 149 of this title, or a regulation issued 
under any of those provisions, who fails to pay the penalty or 
fails to comply with the terms of a settlement with the 
Secretary, shall be disqualified from operating a commercial 
motor vehicle after the individual is notified in writing and 
is given an opportunity to respond. A disqualification shall 
continue until the penalty is paid, or the individual complies 
with the terms of the settlement, unless the nonpayment is 
because the individual is a debtor in a case under chapter 11 
of title 11, United States Code.

31153. Federal successor standard

  (a) Federal Successor Standard.--Notwithstanding any other 
provision of Federal or State law, the Secretary may take an 
action authorized under chapters 5, 51, 131 through 149, 
subchapter III of chapter 311 (except sections 31138 and 
31139), or sections 31302, 31303, 31304, 31305(b), 
31310(g)(1)(A), or 31502 of this title, or a regulation issued 
under any of those provisions, against a successor of a motor 
carrier (as defined in section 13102), a successor of an 
employer (as defined in section 31132), or a successor of an 
owner or operator (as that term is used in subchapter III of 
chapter 311), to the same extent and on the same basis as the 
Secretary may take the action against the motor carrier, 
employer, or owner or operator.
  (b) Successor Defined.--For purposes of this section, the 
term ``successor'' means a motor carrier, employer, or owner or 
operator that the Secretary determines, after notice and an 
opportunity for a proceeding, has 1 or more features that 
correspond closely with the features of another existing or 
former motor carrier, employer, or owner or operator, such as--
          (1) consideration paid for assets purchased or 
        transferred;
          (2) dates of corporate creation and dissolution or 
        termination of operations;
          (3) commonality of ownership;
          (4) commonality of officers and management personnel 
        and their functions;
          (5) commonality of drivers and other employees;
          (6) identity of physical or mailing addresses, 
        telephone, fax numbers, or e-mail addresses;
          (7) identity of motor vehicle equipment;
          (8) continuity of liability insurance policies;
          (9) commonality of coverage under liability insurance 
        policies;
          (10) continuation of carrier facilities and other 
        physical assets;
          (11) continuity of the nature and scope of 
        operations, including customers;
          (12) commonality of the nature and scope of 
        operations, including customers;
          (13) advertising, corporate name, or other acts 
        through which the motor carrier, employer, or owner or 
        operator holds itself out to the public;
          (14) history of safety violations and pending orders 
        or enforcement actions of the Secretary; and
          (15) additional factors that the Secretary considers 
        appropriate.
  (c) Effective Date.--Notwithstanding any other provision of 
law, this section shall apply to any action commenced on or 
after the date of enactment of the Commercial Motor Vehicle 
Safety Enhancement Act of 2011 without regard to whether the 
violation that is the subject of the action, or the conduct 
that caused the violation, occurred before the date of 
enactment.
  (d) Rights Not Affected.--Nothing in this section shall 
affect the rights, functions, or responsibilities under law of 
any other Department, Agency, or instrumentality of the United 
States, the laws of any State, or any rights between a private 
party and a motor carrier, employer, or owner or operator.

31154. Enforcement of safety laws and regulations

  (a) In General.--The Secretary may bring a civil action to 
enforce this part, or a regulation or order of the Secretary 
under this part, when violated by an employer, employee, or 
other person providing transportation or service under this 
subchapter or subchapter I.
  (b) Venue.--In a civil action under subsection (a)--
          (1) trial shall be in the judicial district in which 
        the employer, employee, or other person operates;
          (2) process may be served without regard to the 
        territorial limits of the district or of the State in 
        which the action is instituted; and
          (3) a person participating with a carrier or broker 
        in a violation may be joined in the civil action 
        without regard to the residence of the person.

31155. Regulation of the use of distracting devices in motorcoaches

  (a) In General.--Not later than 1 year after the date of 
enactment of the Motorcoach Enhanced Safety Act of 2011, the 
Secretary of Transportation shall prescribe regulations on the 
use of electronic or wireless devices, including cell phones 
and other distracting devices, by an individual employed as the 
operator of a motorcoach (as defined in section 702 of that 
Act).
  (b) Basis for Regulations.--The Secretary shall base the 
regulations prescribed under subsection (a) on accident data 
analysis, the results of ongoing research, and other 
information, as appropriate.
  (c) Prohibited Use.--Except as provided under subsection (d), 
the Secretary shall prohibit the use of the devices described 
in subsection (a) in circumstances in which the Secretary 
determines that their use interferes with a driver's safe 
operation of a motorcoach.
  (d) Permitted Use.--The Secretary may permit the use of a 
device that is otherwise prohibited under subsection (c) if the 
Secretary determines that such use is necessary for the safety 
of the driver or the public in emergency circumstances.

            CHAPTER 313. COMMERCIAL MOTOR VEHICLE OPERATORS

31301. Definitions

  In this chapter--
          (1) ``alcohol'' has the same meaning given the term 
        ``alcoholic beverage'' in section 158(c) of title 23.
          (2) ``commerce'' means trade, traffic, and 
        transportation--
                  (A) in the jurisdiction of the United States 
                between a place in a State and a place outside 
                that State (including a place outside the 
                United States); or
                  (B) in the United States that affects trade, 
                traffic, and transportation described in 
                subclause (A) of this clause.
          (3) ``commercial driver's license'' means a license 
        issued by a State to an individual authorizing the 
        individual to operate a class of commercial motor 
        vehicles.
          (4) ``commercial motor vehicle'' means a motor 
        vehicle used in commerce to transport passengers or 
        property that--
                  (A) has a gross vehicle weight rating or 
                gross vehicle weight of at least 26,001 pounds, 
                whichever is greater, or a lesser gross vehicle 
                weight rating or gross vehicle weight the 
                Secretary of Transportation prescribes by 
                regulation, but not less than a gross vehicle 
                weight rating of 10,001 pounds;
                  (B) is designed to transport at least 16 
                passengers including the driver; or
                  (C) is used to transport material found by 
                the Secretary to be hazardous under section 
                5103 of this title, except that a vehicle shall 
                not be included as a commercial motor vehicle 
                under this subclause if--
                          (i) the vehicle does not satisfy the 
                        weight requirements of subclause (A) of 
                        this clause;
                          (ii) the vehicle is transporting 
                        material listed as hazardous under 
                        section 306(a) of the Comprehensive 
                        Environmental Response, Compensation, 
                        and Liability Act of 1980 (42 U.S.C. 
                        9656(a)) and is not otherwise regulated 
                        by the Secretary or is transporting a 
                        consumer commodity or limited quantity 
                        of hazardous material as defined in 
                        section 171.8 of title 49, Code of 
                        Federal Regulations; and
                          (iii) the Secretary does not deny the 
                        application of this exception to the 
                        vehicle (individually or as part of a 
                        class of motor vehicles) in the 
                        interest of safety.
          (5) except in section 31306, ``controlled substance'' 
        has the same meaning given that term in section 102 of 
        the Comprehensive Drug Abuse Prevention and Control Act 
        of 1970 (21 U.S.C. 802).
          (6) ``Disqualification'' means--
                  (A) the suspension, revocation, or 
                cancellation of a commercial driver's license 
                by the State of issuance;
                  (B) a withdrawal of an individual's privilege 
                to drive a commercial motor vehicle by a State 
                or other jurisdiction as the result of a 
                violation of State or local law relating to 
                motor vehicle traffic control, except for a 
                parking, vehicle weight, or vehicle defect 
                violation;
                  (C) a determination by the Secretary that an 
                individual is not qualified to operate a 
                commercial motor vehicle; or
                  (D) a determination by the Secretary that a 
                commercial motor vehicle driver is unfit under 
                section 31144(g).
          [(6)] (7) ``driver's license'' means a license issued 
        by a State to an individual authorizing the individual 
        to operate a motor vehicle on highways.
          [(7)] (8) ``employee'' means an operator of a 
        commercial motor vehicle (including an independent 
        contractor when operating a commercial motor vehicle) 
        who is employed by an employer.
          [(8)] (9) ``employer'' means a person (including the 
        United States Government, a State, or a political 
        subdivision of a State) that owns or leases a 
        commercial motor vehicle or assigns employees to 
        operate a commercial motor vehicle.
          [(9)] (10) ``felony'' means an offense under a law of 
        the United States or a State that is punishable by 
        death or imprisonment for more than one year.
          [(10)] (11) ``foreign commercial driver'' means an 
        individual licensed to operate a commercial motor 
        vehicle by an authority outside the United States, or a 
        citizen of a foreign country who operates a commercial 
        motor vehicle in the United States.
          [(10)] (12) ``hazardous material'' has the same 
        meaning given that term in section 5102 of this title.
          [(11)] (13) ``motor vehicle'' means a vehicle, 
        machine, tractor, trailer, or semitrailer propelled or 
        drawn by mechanical power and used on public streets, 
        roads, or highways, but does not include a vehicle, 
        machine, tractor, trailer, or semitrailer operated only 
        on a rail line or custom harvesting farm machinery.
          [(12)] (14) ``serious traffic violation'' means--
                  (A) excessive speeding, as defined by the 
                Secretary by regulation;
                  (B) reckless driving, as defined under State 
                or local law;
                  (C) a violation of a State or local law on 
                motor vehicle traffic control (except a parking 
                violation) and involving a fatality, other than 
                a violation to which section 31310(b)(1)(E) or 
                31310(c)(1)(E) applies;
                  (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
                  (G) any other similar violation of a State or 
                local law on motor vehicle traffic control 
                (except a parking violation) that the Secretary 
                designates by regulation as serious.
          [(13)] (15) ``State'' means a State of the United 
        States and the District of Columbia.
          [(14)] (16) ``United States'' means the States of the 
        United States and the District of Columbia.

31304. Employer responsibilities

  [An employer]
  (a) In General._An employer may not [knowingly] allow an 
employee to operate a commercial motor vehicle in the United 
States during a period [in which] that the employer knows or 
should reasonably know that the employee--
          (1) has a driver's license revoked, suspended, or 
        canceled by a State, has lost the right to operate a 
        commercial motor vehicle in a State, or has been 
        disqualified from operating a commercial motor vehicle; 
        or
          (2) has more than one driver's license (except as 
        allowed under section 31302 of this title).
  (b) Driver Violation Records.--
          (1) Periodic review.--Except as provided in paragraph 
        (3), an employer shall ascertain the driving record of 
        each driver it employs--
                  (A) by making an inquiry at least once every 
                12 months to the appropriate State agency in 
                which the driver held or holds a commercial 
                driver's license or permit during such time 
                period;
                  (B) by receiving occurrence-based reports of 
                changes in the status of a driver's record from 
                1 or more driver record notification systems 
                that meet minimum standards issued by the 
                Secretary; or
                  (C) by a combination of inquiries to States 
                and reports from driver record notification 
                systems.
          (2) Record keeping.--A copy of the reports received 
        under paragraph (1) shall be maintained in the driver's 
        qualification file.
          (3) Exceptions to record review requirement.--
        Paragraph (1) shall not apply to a driver employed by 
        an employer who, in any 7-day period, is employed or 
        used as a driver by more than 1 employer--
                  (A) if the employer obtains the driver's 
                identification number, type, and issuing State 
                of the driver's commercial motor vehicle 
                license; or
                  (B) if the information described in 
                subparagraph (A) is furnished by another 
                employer and the employer that regularly 
                employs the driver meets the other requirements 
                under this section.
          (4) Driver record notification system defined.--In 
        this section, the term ``driver record notification 
        system'' means a system that automatically furnishes an 
        employer with a report, generated by the appropriate 
        agency of a State, on the change in the status of an 
        employee's driver's license due to a conviction for a 
        moving violation, a failure to appear, an accident, 
        driver's license suspension, driver's license 
        revocation, or any other action taken against the 
        driving privilege.

 [31305. General driver fitness and testing]

31305. General driver fitness, testing, and training

  (a) Minimum Standards for Testing and Fitness.--The Secretary 
of Transportation shall prescribe regulations on minimum 
standards for testing and ensuring the fitness of an individual 
operating a commercial motor vehicle. The regulations--
          (1) shall prescribe minimum standards for written and 
        driving tests of an individual operating a commercial 
        motor vehicle;
          (2) shall require an individual who operates or will 
        operate a commercial motor vehicle to take a driving 
        test in a vehicle representative of the type of vehicle 
        the individual operates or will operate;
          (3) shall prescribe minimum testing standards for the 
        operation of a commercial motor vehicle and may 
        prescribe different minimum testing standards for 
        different classes of commercial motor vehicles;
          (4) shall ensure that an individual taking the tests 
        has a working knowledge of--
                  (A) regulations on the safe operation of a 
                commercial motor vehicle prescribed by the 
                Secretary and contained in title 49, Code of 
                Federal Regulations; and
                  (B) safety systems of the vehicle;
          (5) shall ensure that an individual who operates or 
        will operate a commercial motor vehicle carrying a 
        hazardous material--
                  (A) is qualified to operate the vehicle under 
                regulations on motor vehicle transportation of 
                hazardous material prescribed under chapter 51 
                of this title;
                  (B) has a working knowledge of--
                          (i) those regulations;
                          (ii) the handling of hazardous 
                        material;
                          (iii) the operation of emergency 
                        equipment used in response to 
                        emergencies arising out of the 
                        transportation of hazardous material; 
                        and
                          (iv) appropriate response procedures 
                        to follow in those emergencies; and
                  (C) is licensed by a State to operate the 
                vehicle after having first been determined 
                under section 5103a of this title as not posing 
                a security risk warranting denial of the 
                license.
          (6) shall establish minimum scores for passing the 
        tests;
          (7) shall ensure that an individual taking the tests 
        would not be subject to a disqualification under 
        section 31310(g) of this title and is qualified to 
        operate a commercial motor vehicle under regulations 
        prescribed by the Secretary and contained in title 49, 
        Code of Federal Regulations, to the extent the 
        regulations apply to the individual; and
          (8) may require--
                  (A) issuance of a certification of fitness to 
                operate a commercial motor vehicle to an 
                individual passing the tests; and
                  (B) the individual to have a copy of the 
                certification in the individual's possession 
                when the individual is operating a commercial 
                motor vehicle.
  (b) Requirements for Operating Vehicles.--
          (1) Except as provided in paragraph (2) of this 
        subsection, an individual may operate a commercial 
        motor vehicle only if the individual has passed written 
        and driving tests that meet the minimum standards 
        prescribed by the Secretary under subsection (a) of 
        this section to operate the vehicle and has a 
        commercial driver's license to operate the vehicle.
          (2) The Secretary may prescribe regulations providing 
        that an individual may operate a commercial motor 
        vehicle for not more than 90 days if the individual--
                  (A) passes a driving test for operating a 
                commercial motor vehicle that meets the minimum 
                standards prescribed under subsection (a) of 
                this section; and
                  (B) has a driver's license that is not 
                suspended, revoked, or canceled.
  (c) Standards for Training.--Not later than 6 months after 
the date of enactment of the Commercial Motor Vehicle Safety 
Enhancement Act of 2011, the Secretary shall issue final 
regulations establishing minimum entry-level training 
requirements for an individual operating a commercial motor 
vehicle--
          (1) addressing the knowledge and skills that--
                  (A) are necessary for an individual operating 
                a commercial motor vehicle to safely operate a 
                commercial motor vehicle; and
                  (B) must be acquired before obtaining a 
                commercial driver's license for the first time 
                or upgrading from one class of commercial 
                driver's license to another class;
          (2) addressing the specific training needs of a 
        commercial motor vehicle operator seeking passenger or 
        hazardous materials endorsements, including for an 
        operator seeking a passenger endorsement training--
                  (A) to suppress motorcoach fires; and
                  (B) to evacuate passengers from motorcoaches 
                safely;
          (3) requiring effective instruction to acquire the 
        knowledge, skills, and training referred to in 
        paragraphs (1) and (2), including classroom and behind-
        the-wheel instruction;
          (4) requiring certification that an individual 
        operating a commercial motor vehicle meets the 
        requirements established by the Secretary; and
          (5) requiring a training provider (including a public 
        or private driving school, motor carrier, or owner or 
        operator of a commercial motor vehicle) that offers 
        training that results in the issuance of a 
        certification to an individual under paragraph (4) to 
        demonstrate that the training meets the requirements of 
        the regulations, through a process established by the 
        Secretary.

31306. Alcohol and controlled substances testing

  (a) Definition.--In this section and section 31306a, 
``controlled substance'' means any substance under section 102 
of the Comprehensive Drug Abuse Prevention and Control Act of 
1970 (21 U.S.C. 802) specified by the Secretary of 
Transportation.
  (b) Testing Program for Operators of Commercial Motor 
Vehicles.--
          (1) (A) In the interest of commercial motor vehicle 
        safety, the Secretary of Transportation shall prescribe 
        regulations that establish a program requiring motor 
        carriers to conduct preemployment, reasonable 
        suspicion, random, and post-accident testing of 
        operators of commercial motor vehicles for the use of a 
        controlled substance in violation of law or a United 
        States Government regulation and to conduct reasonable 
        suspicion, random, and post-accident testing of such 
        operators for the use of alcohol in violation of law or 
        a United States Government regulation. The regulations 
        shall permit such motor carriers to conduct 
        preemployment testing of such employees for the use of 
        alcohol.
                  (B) When the Secretary of Transportation 
                considers it appropriate in the interest of 
                safety, the Secretary may prescribe regulations 
                for conducting periodic recurring testing of 
                operators of commercial motor vehicles for the 
                use of alcohol or a controlled substance in 
                violation of law or a Government regulation.
          (2) In prescribing regulations under this subsection, 
        the Secretary of Transportation--
                  (A) shall require that post-accident testing 
                of an operator of a commercial motor vehicle be 
                conducted when loss of human life occurs in an 
                accident involving a commercial motor vehicle; 
                and
                  (B) may require that post-accident testing of 
                such an operator be conducted when bodily 
                injury or significant property damage occurs in 
                any other serious accident involving a 
                commercial motor vehicle.
  (c) Testing and Laboratory Requirements.--In carrying out 
subsection (b) of this section, the Secretary of Transportation 
shall develop requirements that shall--
          (1) promote, to the maximum extent practicable, 
        individual privacy in the collection of specimens;
          (2) for laboratories and testing procedures for 
        controlled substances, incorporate the Department of 
        Health and Human Services scientific and technical 
        guidelines dated April 11, 1988, and any amendments to 
        those guidelines, including mandatory guidelines 
        establishing--
                  (A) comprehensive standards for every aspect 
                of laboratory controlled substances testing and 
                laboratory procedures to be applied in carrying 
                out this section, including standards requiring 
                the use of the best available technology to 
                ensure the complete reliability and accuracy of 
                controlled substances tests and strict 
                procedures governing the chain of custody of 
                specimens collected for controlled substances 
                testing;
                  (B) the minimum list of controlled substances 
                for which individuals may be tested; and
                  (C) appropriate standards and procedures for 
                periodic review of laboratories and criteria 
                for certification and revocation of 
                certification of laboratories to perform 
                controlled substances testing in carrying out 
                this section;
          (3) require that a laboratory involved in testing 
        under this section have the capability and facility, at 
        the laboratory, of performing screening and 
        confirmation tests;
          (4) provide that any test indicating the use of 
        alcohol or a controlled substance in violation of law 
        or a Government regulation be confirmed by a 
        scientifically recognized method of testing capable of 
        providing quantitative information about alcohol or a 
        controlled substance;
          (5) provide that each specimen be subdivided, 
        secured, and labeled in the presence of the tested 
        individual and that a part of the specimen be retained 
        in a secure manner to prevent the possibility of 
        tampering, so that if the individual's confirmation 
        test results are positive the individual has an 
        opportunity to have the retained part tested by a 2d 
        confirmation test done independently at another 
        certified laboratory if the individual requests the 2d 
        confirmation test not later than 3 days after being 
        advised of the results of the first confirmation test;
          (6) ensure appropriate safeguards for testing to 
        detect and quantify alcohol in breath and body fluid 
        samples, including urine and blood, through the 
        development of regulations that may be necessary and in 
        consultation with the Secretary of Health and Human 
        Services;
          (7) provide for the confidentiality of test results 
        and medical information (except information about 
        alcohol or a controlled substance) of employees, except 
        that this clause does not prevent the use of test 
        results for the orderly imposition of appropriate 
        sanctions under this section; and
          (8) ensure that employees are selected for tests by 
        nondiscriminatory and impartial methods, so that no 
        employee is harassed by being treated differently from 
        other employees in similar circumstances.
  (d) Testing as Part of Medical Examination.--The Secretary of 
Transportation may provide that testing under subsection (a) of 
this section for operators subject to subpart E of part 391 of 
title 49, Code of Federal Regulations, be conducted as part of 
the medical examination required under that subpart.
  (e) Rehabilitation.--The Secretary of Transportation shall 
prescribe regulations establishing requirements for 
rehabilitation programs that provide for the identification and 
opportunity for treatment of operators of commercial motor 
vehicles who are found to have used alcohol or a controlled 
substance in violation of law or a Government regulation. The 
Secretary shall decide on the circumstances under which those 
operators shall be required to participate in a program. This 
section does not prevent a motor carrier from establishing a 
program under this section in cooperation with another motor 
carrier.
  [(f)] (f)(1) Sanctions.--The Secretary of Transportation 
shall decide on appropriate sanctions for a commercial motor 
vehicle operator who is found, based on tests conducted and 
confirmed under this section, to have used alcohol or a 
controlled substance in violation of law or a Government 
regulation but who is not under the influence of alcohol or a 
controlled substance as provided in this chapter.
          (2) Additional sanctions.--The Secretary may require 
        a State to revoke, suspend, or cancel the commercial 
        driver's license of a commercial motor vehicle operator 
        who is found, based on a test conducted and confirmed 
        under this section, to have used alcohol or a 
        controlled substance in violation of law until the 
        commercial motor vehicle operator completes the 
        rehabilitation process under subsection (e).
  (g) Effect on State and Local Government Regulations.--A 
State or local government may not prescribe or continue in 
effect a law, regulation, standard, or order that is 
inconsistent with regulations prescribed under this section. 
However, a regulation prescribed under this section may not be 
construed to preempt a State criminal law that imposes 
sanctions for reckless conduct leading to loss of life, injury, 
or damage to property.
  (h) International Obligations and Foreign Laws.--In 
prescribing regulations under this section, the Secretary of 
Transportation--
          (1) shall establish only requirements that are 
        consistent with international obligations of the United 
        States; and
          (2) shall consider applicable laws and regulations of 
        foreign countries.
  (i) Other Regulations Allowed.--This section does not prevent 
the Secretary of Transportation from continuing in effect, 
amending, or further supplementing a regulation prescribed 
before October 28, 1991, governing the use of alcohol or a 
controlled substance by commercial motor vehicle employees.
  (j) Application of Penalties.--This section does not 
supersede a penalty applicable to an operator of a commercial 
motor vehicle under this chapter or another law.

31306a. National clearinghouse for controlled substance and alcohol 
                    test results of commercial motor vehicle operators

  (a) Establishment.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of the Safe Roads Act of 2011, the 
        Secretary of Transportation shall establish a national 
        clearinghouse for records relating to alcohol and 
        controlled substances testing of commercial motor 
        vehicle operators.
          (2) Purposes.--The purposes of the clearinghouse 
        shall be--
                  (A) to improve compliance with the Department 
                of Transportation's alcohol and controlled 
                substances testing program applicable to 
                commercial motor vehicle operators;
                  (B) to facilitate access to information about 
                an individual before employing the individual 
                as a commercial motor vehicle operator;
                  (C) to enhance the safety of our United 
                States roadways by reducing accident fatalities 
                involving commercial motor vehicles; and
                  (D) to reduce the number of impaired 
                commercial motor vehicle operators.
          (3) Contents.--The clearinghouse shall function as a 
        repository for records relating to the positive test 
        results and test refusals of commercial motor vehicle 
        operators and violations by such operators of 
        prohibitions set forth in subpart B of part 382 of 
        title 49, Code of Federal Regulations (or any 
        subsequent corresponding regulations).
          (4) Electronic exchange of records.--The Secretary 
        shall ensure that records can be electronically 
        submitted to, and requested from, the clearinghouse by 
        authorized users.
          (5) Authorized operator.--The Secretary may authorize 
        a qualified and experienced private entity to operate 
        and maintain the clearinghouse and to collect fees on 
        behalf of the Secretary under subsection (e). The 
        entity shall establish, operate, maintain and expand 
        the clearinghouse and permit access to driver 
        information and records from the clearinghouse in 
        accordance with this section.
  (b) Design of Clearinghouse.--
          (1) Use of Federal Motor Carrier Safety 
        Administration recommendations.--In establishing the 
        clearinghouse, the Secretary shall consider--
                  (A) the findings and recommendations 
                contained in the Federal Motor Carrier Safety 
                Administration's March 2004 report to Congress 
                required under section 226 of the Motor Carrier 
                Safety Improvement Act of 1999 (49 U.S.C. 31306 
                note); and
                  (B) the findings and recommendations 
                contained in the Government Accountability 
                Office's May 2008 report to Congress entitled 
                ``Motor Carrier Safety: Improvements to Drug 
                Testing Programs Could Better Identify Illegal 
                Drug Users and Keep Them off the Road.''.
          (2) Development of secure processes.--In establishing 
        the clearinghouse, the Secretary shall develop a secure 
        process for--
                  (A) administering and managing the 
                clearinghouse in compliance with applicable 
                Federal security standards;
                  (B) registering and authenticating authorized 
                users of the clearinghouse;
                  (C) registering and authenticating persons 
                required to report to the clearinghouse under 
                subsection (g);
                  (D) preventing the unauthorized access of 
                information from the clearinghouse;
                  (E) storing and transmitting data;
                  (F) persons required to report to the 
                clearinghouse under subsection (g) to timely 
                and accurately submit electronic data to the 
                clearinghouse;
                  (G) generating timely and accurate reports 
                from the clearinghouse in response to requests 
                for information by authorized users; and
                  (H) updating an individual's record upon 
                completion of the return-to-duty process 
                described in title 49, Code of Federal 
                Regulations.
          (3) Employer alert of positive test result.--In 
        establishing the clearinghouse, the Secretary shall 
        develop a secure method for electronically notifying an 
        employer of each additional positive test result or 
        other noncompliance--
                  (A) for an employee, that is entered into the 
                clearinghouse during the 7-day period 
                immediately following an employer's inquiry 
                about the employee; and
                  (B) for an employee who is listed as having 
                multiple employers.
          (4) Archive capability.--In establishing the 
        clearinghouse, the Secretary shall develop a process 
        for archiving all clearinghouse records, including the 
        depositing of personal records, records relating to 
        each individual in the database, and access requests 
        for personal records, for the purposes of--
                  (A) auditing and evaluating the timeliness, 
                accuracy, and completeness of data in the 
                clearinghouse; and
                  (B) auditing to monitor compliance and 
                enforce penalties for noncompliance.
          (5) Future needs.--
                  (A) Interoperability with other data 
                systems.--In establishing the clearinghouse, 
                the Secretary shall consider--
                          (i) the existing data systems 
                        containing regulatory and safety data 
                        for commercial motor vehicle operators;
                          (ii) the efficacy of using or 
                        combining clearinghouse data with 1 or 
                        more of such systems; and
                          (iii) the potential interoperability 
                        of the clearinghouse with such systems.
                  (B) Specific considerations.--In carrying out 
                subparagraph (A), the Secretary shall 
                determine--
                          (i) the clearinghouse's capability 
                        for interoperability with--
                                  (I) the National Driver 
                                Register established under 
                                section 30302;
                                  (II) the Commercial Driver's 
                                License Information System 
                                established under section 
                                31309;
                                  (III) the Motor Carrier 
                                Management Information System 
                                for preemployment screening 
                                services under section 31150; 
                                and
                                  (IV) other data systems, as 
                                appropriate; and
                          (ii) any change to the administration 
                        of the current testing program, such as 
                        forms, that is necessary to collect 
                        data for the clearinghouse.
  (c) Standard Formats.--The Secretary shall develop standard 
formats to be used--
          (1) by an authorized user of the clearinghouse to--
                  (A) request a record from the clearinghouse; 
                and
                  (B) obtain the consent of an individual who 
                is the subject of a request from the 
                clearinghouse, if applicable; and
          (2) to notify an individual that a positive alcohol 
        or controlled substances test result, refusing to test, 
        and a violation of any of the prohibitions under 
        subpart B of part 382 of title 49, Code of Federal 
        Regulations (or any subsequent corresponding 
        regulations), will be reported to the clearinghouse.
  (d) Privacy.--A release of information from the clearinghouse 
shall--
          (1) comply with applicable Federal privacy laws, 
        including the fair information practices under the 
        Privacy Act of 1974 (5 U.S.C. 552a);
          (2) comply with applicable sections of the Fair 
        Credit Reporting Act (15 U.S.C. 1681 et seq.); and
          (3) not be made to any person or entity unless 
        expressly authorized or required by law.
  (e) Fees.--
          (1) Authority to collect fees.--Except as provided 
        under paragraph (3), the Secretary may collect a 
        reasonable, customary, and nominal fee from an 
        authorized user of the clearinghouse for a request for 
        information from the clearinghouse.
          (2) Use of fees.--Fees collected under this 
        subsection shall be used for the operation and 
        maintenance of the clearinghouse.
          (3) Limitation.--The Secretary may not collect a fee 
        from an individual requesting information from the 
        clearinghouse that pertains to the record of that 
        individual.
  (f) Employer Requirements.--
          (1) Determination concerning use of clearinghouse.--
        The Secretary shall determine if an employer is 
        authorized to use the clearinghouse to meet the alcohol 
        and controlled substances testing requirements under 
        title 49, Code of Federal Regulations.
          (2) Applicability of existing requirements.--Each 
        employer and service agent shall comply with the 
        alcohol and controlled substances testing requirements 
        under title 49, Code of Federal Regulations.
          (3) Employment prohibitions.--Beginning 30 days after 
        the date that the clearinghouse is established under 
        subsection (a), an employer shall not hire an 
        individual to operate a commercial motor vehicle unless 
        the employer determines that the individual, during the 
        preceding 3-year period--
                  (A) if tested for the use of alcohol and 
                controlled substances, as required under title 
                49, Code of Federal Regulations--
                          (i) did not test positive for the use 
                        of alcohol or controlled substances in 
                        violation of the regulations; or
                          (ii) tested positive for the use of 
                        alcohol or controlled substances and 
                        completed the required return-to-duty 
                        process under title 49, Code of Federal 
                        Regulations;
                  (B)(i) did not refuse to take an alcohol or 
                controlled substance test under title 49, Code 
                of Federal Regulations; or
                          (ii) refused to take an alcohol or 
                        controlled substance test and completed 
                        the required return-to-duty process 
                        under title 49, Code of Federal 
                        Regulations; and
                  (C) did not violate any other provision of 
                subpart B of part 382 of title 49, Code of 
                Federal Regulations (or any subsequent 
                corresponding regulations).
          (4) Annual review.--Beginning 30 days after the date 
        that the clearinghouse is established under subsection 
        (a), an employer shall request and review a commercial 
        motor vehicle operator's record from the clearinghouse 
        annually for as long as the commercial motor vehicle 
        operator is under the employ of the employer.
  (g) Reporting of Records.--
          (1) In general.--Beginning 30 days after the date 
        that the clearinghouse is established under subsection 
        (a), a medical review officer, employer, service agent, 
        and other appropriate person, as determined by the 
        Secretary, shall promptly submit to the Secretary any 
        record generated after the clearinghouse is initiated 
        of an individual who--
                  (A) refuses to take an alcohol or controlled 
                substances test required under title 49, Code 
                of Federal Regulations;
                  (B) tests positive for alcohol or a 
                controlled substance in violation of the 
                regulations; or
                  (C) violates any other provision of subpart B 
                of part 382 of title 49, Code of Federal 
                Regulations (or any subsequent corresponding 
                regulations).
          (2) Inclusion of records in clearinghouse.--The 
        Secretary shall include in the clearinghouse the 
        records of positive test results and test refusals 
        received under paragraph (1).
          (3) Modifications and deletions.--If the Secretary 
        determines that a record contained in the clearinghouse 
        is not accurate, the Secretary shall modify or delete 
        the record, as appropriate.
          (4) Notification.--The Secretary shall expeditiously 
        notify an individual, unless such notification would be 
        duplicative, when--
                  (A) a record relating to the individual is 
                received by the clearinghouse;
                  (B) a record in the clearinghouse relating to 
                the individual is modified or deleted, and 
                include in the notification the reason for the 
                modification or deletion; or
                  (C) a record in the clearinghouse relating to 
                the individual is released to an employer and 
                specify the reason for the release.
          (5) Data quality and security standards for reporting 
        and releasing.--The Secretary may establish additional 
        requirements, as appropriate, to ensure that--
                  (A) the submission of records to the 
                clearinghouse is timely and accurate;
                  (B) the release of data from the 
                clearinghouse is timely, accurate, and released 
                to the appropriate authorized user under this 
                section; and
                  (C) an individual with a record in the 
                clearinghouse has a cause of action for any 
                inappropriate use of information included in 
                the clearinghouse.
          (6) Retention of records.--The Secretary shall--
                  (A) retain a record submitted to the 
                clearinghouse for a 5-year period beginning on 
                the date the record is submitted;
                  (B) remove the record from the clearinghouse 
                at the end of the 5-year period, unless the 
                individual fails to meet a return-to-duty or 
                follow-up requirement under title 49, Code of 
                Federal Regulations; and
                  (C) retain a record after the end of the 5-
                year period in a separate location for 
                archiving and auditing purposes.
  (h) Authorized Users.--
          (1) Employers.--The Secretary shall establish a 
        process for an employer to request and receive an 
        individual's record from the clearinghouse.
                  (A) Consent.--An employer may not access an 
                individual's record from the clearinghouse 
                unless the employer--
                          (i) obtains the prior written or 
                        electronic consent of the individual 
                        for access to the record; and
                          (ii) submits proof of the 
                        individual's consent to the Secretary.
                  (B) Access to records.--After receiving a 
                request from an employer for an individual's 
                record under subparagraph (A), the Secretary 
                shall grant access to the individual's record 
                to the employer as expeditiously as 
                practicable.
                  (C) Retention of record requests.--The 
                Secretary shall require an employer to retain 
                for a 3-year period--
                          (i) a record of each request made by 
                        the employer for records from the 
                        clearinghouse; and
                          (ii) the information received 
                        pursuant to the request.
                  (D) Use of records.--An employer may use an 
                individual's record received from the 
                clearinghouse only to assess and evaluate the 
                qualifications of the individual to operate a 
                commercial motor vehicle for the employer.
                  (E) Protection of privacy of individuals.--An 
                employer that receives an individual's record 
                from the clearinghouse under subparagraph (B) 
                shall--
                          (i) protect the privacy of the 
                        individual and the confidentiality of 
                        the record; and
                          (ii) ensure that information 
                        contained in the record is not divulged 
                        to a person or entity that is not 
                        directly involved in assessing and 
                        evaluating the qualifications of the 
                        individual to operate a commercial 
                        motor vehicle for the employer.
          (2) State licensing authorities.--The Secretary shall 
        establish a process for the chief commercial driver's 
        licensing official of a State to request and receive an 
        individual's record from the clearinghouse if the 
        individual is applying for a commercial driver's 
        license from the State.
                  (A) Consent.--The Secretary may grant access 
                to an individual's record in the clearinghouse 
                under this paragraph without the prior written 
                or electronic consent of the individual. An 
                individual who holds a commercial driver's 
                license shall be deemed to consent to such 
                access by obtaining a commercial driver's 
                license.
                  (B) Protection of privacy of individuals.--A 
                chief commercial driver's licensing official of 
                a State that receives an individual's record 
                from the clearinghouse under this paragraph 
                shall--
                          (i) protect the privacy of the 
                        individual and the confidentiality of 
                        the record; and
                          (ii) ensure that the information in 
                        the record is not divulged to any 
                        person that is not directly involved in 
                        assessing and evaluating the 
                        qualifications of the individual to 
                        operate a commercial motor vehicle.
          (3) National transportation safety board.--The 
        Secretary shall establish a process for the National 
        Transportation Safety Board to request and receive an 
        individual's record from the clearinghouse if the 
        individual is involved in an accident that is under 
        investigation by the National Transportation Safety 
        Board.
                  (A) Consent.--The Secretary may grant access 
                to an individual's record in the clearinghouse 
                under this paragraph without the prior written 
                or electronic consent of the individual. An 
                individual who holds a commercial driver's 
                license shall be deemed to consent to such 
                access by obtaining a commercial driver's 
                license.
                  (B) Protection of privacy of individuals.--An 
                official of the National Transportation Safety 
                Board that receives an individual's record from 
                the clearinghouse under this paragraph shall--
                          (i) protect the privacy of the 
                        individual and the confidentiality of 
                        the record; and
                          (ii) unless the official determines 
                        that the information in the 
                        individual's record should be reported 
                        under section 1131(e), ensure that the 
                        information in the record is not 
                        divulged to any person that is not 
                        directly involved with investigating 
                        the accident.
          (4) Additional authorized users.--The Secretary shall 
        consider whether to grant access to the clearinghouse 
        to additional users. The Secretary may authorize access 
        to an individual's record from the clearinghouse to an 
        additional user if the Secretary determines that 
        granting access will further the purposes under 
        subsection (a)(2). In determining whether the access 
        will further the purposes under subsection (a)(2), the 
        Secretary shall consider, among other things--
                  (A) what use the additional user will make of 
                the individual's record;
                  (B) the costs and benefits of the use; and
                  (C) how to protect the privacy of the 
                individual and the confidentiality of the 
                record.
  (i) Access to Clearinghouse by Individuals.--
          (1) In general.--The Secretary shall establish a 
        process for an individual to request and receive 
        information from the clearinghouse--
                  (A) to determine whether the clearinghouse 
                contains a record pertaining to the individual;
                  (B) to verify the accuracy of a record;
                  (C) to update an individual's record, 
                including completing the return-to-duty process 
                described in title 49, Code of Federal 
                Regulations; and
                  (D) to determine whether the clearinghouse 
                received requests for the individual's 
                information.
          (2) Dispute procedure.--The Secretary shall establish 
        a procedure, including an appeal process, for an 
        individual to dispute and remedy an administrative 
        error in the individual's record.
  (j) Penalties.--
          (1) In general.--An employer, employee, medical 
        review officer, or service agent who violates any 
        provision of this section shall be subject to civil 
        penalties under section 521(b)(2)(C) and criminal 
        penalties under section 521(b)(6)(B), and any other 
        applicable civil and criminal penalties, as determined 
        by the Secretary.
          (2) Violation of privacy.--The Secretary shall 
        establish civil and criminal penalties, consistent with 
        paragraph (1), for an authorized user who violates 
        paragraph (2)(B) or (3)(B) of subsection (h).
  (k) Compatibility of State and Local Laws.--
          (1) Preemption.--Except as provided under paragraph 
        (2), any law, regulation, order, or other requirement 
        of a State, political subdivision of a State, or Indian 
        tribe related to a commercial driver's license holder 
        subject to alcohol or controlled substance testing 
        under title 49, Code of Federal Regulations, that is 
        inconsistent with this section or a regulation issued 
        pursuant to this section is preempted.
          (2) Applicability.--The preemption under paragraph 
        (1) shall include--
                  (A) the reporting of valid positive results 
                from alcohol screening tests and drug tests;
                  (B) the refusal to provide a specimen for an 
                alcohol screening test or drug test; and
                  (C) other violations of subpart B of part 382 
                of title 49, Code of Federal Regulations (or 
                any subsequent corresponding regulations).
          (3) Exception.--A law, regulation, order, or other 
        requirement of a State, political subdivision of a 
        State, or Indian tribe shall not be preempted under 
        this subsection to the extent it relates to an action 
        taken with respect to a commercial motor vehicle 
        operator's commercial driver's license or driving 
        record as a result of the driver's--
                  (A) verified positive alcohol or drug test 
                result;
                  (B) refusal to provide a specimen for the 
                test; or
                  (C) other violations of subpart B of part 382 
                of title 49, Code of Federal Regulations (or 
                any subsequent corresponding regulations).
  (l) Definitions.--In this section--
          (1) Authorized user.--The term ``authorized user'' 
        means an employer, State licensing authority, National 
        Transportation Safety Board, or other person granted 
        access to the clearinghouse under subsection (h).
          (2) Chief commercial driver's licensing official.--
        The term ``chief commercial driver's licensing 
        official'' means the official in a State who is 
        authorized to--
                  (A) maintain a record about commercial 
                driver's licenses issued by the State; and
                  (B) take action on commercial driver's 
                licenses issued by the State.
          (3) Clearinghouse.--The term ``clearinghouse'' means 
        the clearinghouse established under subsection (a).
          (4) Commercial motor vehicle operator.--The term 
        ``commercial motor vehicle operator'' means an 
        individual who--
                  (A) possesses a valid commercial driver's 
                license issued in accordance with section 
                31308; and
                  (B) is subject to controlled substances and 
                alcohol testing under title 49, Code of Federal 
                Regulations.
          (5) Employer.--The term ``employer'' means a person 
        or entity employing, or seeking to employ, 1 or more 
        employees (including an individual who is self-
        employed) to be commercial motor vehicle operators.
          (6) Medical review officer.--The term ``medical 
        review officer'' means a licensed physician who is 
        responsible for--
                  (A) receiving and reviewing a laboratory 
                result generated under the testing program;
                  (B) evaluating a medical explanation for a 
                controlled substances test under title 49, Code 
                of Federal Regulations; and
                  (C) interpreting the results of a controlled 
                substances test.
          (7) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.
          (8) Service agent.--The term ``service agent'' means 
        a person or entity, other than an employee of the 
        employer, who provides services to employers or 
        employees under the testing program.
          (9) Testing program.--The term ``testing program'' 
        means the alcohol and controlled substances testing 
        program required under title 49, Code of Federal 
        Regulations.

31307. Minimum training requirements for operators of longer 
                    combination vehicles

  (a) Definition.--In this section, ``longer combination 
vehicle'' means a vehicle consisting of a truck tractor and 
more than one trailer or semitrailer that operates on the 
Dwight D. Eisenhower System of Interstate and Defense Highways 
with a gross vehicle weight of more than 80,000 pounds.
  (b) Requirements.--[Not later than December 18, 1994, the 
Secretary of Transportation shall prescribe] The Secretary 
shall maintain regulations establishing minimum training 
requirements for operators of longer combination vehicles. The 
training shall include certification of an operator's 
proficiency by an instructor who has met the requirements 
established by the Secretary.

31308. Commercial driver's license

  After consultation with the States, the Secretary of 
Transportation shall prescribe regulations on minimum uniform 
standards for the issuance of commercial drivers' licenses and 
learner's permits by the States and for information to be 
contained on each of the licenses and permits. The standards 
shall require at a minimum that--
          [(1) an individual issued a commercial driver's 
        license pass written and driving tests for the 
        operation of a commercial motor vehicle that comply 
        with the minimum standards prescribed by the Secretary 
        under section 31305(a) of this title;]
          (1) an individual issued a commercial driver's 
        license--
                  (A) pass written and driving tests for the 
                operation of a commercial motor vehicle that 
                comply with the minimum standards prescribed by 
                the Secretary under section 31305(a); and
                  (B) present certification of completion of 
                driver training that meets the requirements 
                established by the Secretary under section 
                31305(c);
          (2) before a commercial driver's license learner's 
        permit may be issued to an individual, the individual 
        must pass a written test, that complies with the 
        minimum standards prescribed by the Secretary under 
        section 31305(a), on the operation of the commercial 
        motor vehicle that the individual will be operating 
        under the permit;
          (3) the license or learner's permit be tamperproof to 
        the maximum extent practicable and each license issued 
        after January 1, 2001, include unique identifiers 
        (which may include biometric identifiers) to minimize 
        fraud and duplication; and
          (4) the license or learner's permit contain--
                  (A) the name and address of the individual 
                issued the license or learner's permit and a 
                physical description of the individual;
                  (B) the social security account number or 
                other number or information the Secretary 
                decides is appropriate to identify the 
                individual;
                  (C) the class or type of commercial motor 
                vehicle the individual is authorized to operate 
                under the license or learner's permit;
                  (D) the name of the State that issued the 
                license or learner's permit; and
                  (E) the dates between which the license or 
                learner's permit is valid.

31309. Commercial driver's license information system

  (a) General Requirement.--The Secretary of Transportation 
shall maintain an information system that will serve as a 
clearinghouse and depository of information about the 
licensing, identification, and disqualification of operators of 
commercial motor vehicles. The system shall be coordinated with 
activities carried out under section 31106. The Secretary shall 
consult with the States in carrying out this section.
  (b) Contents.--
          (1) At a minimum, the information system under this 
        section shall include for each operator of a commercial 
        motor vehicle--
                  (A) information the Secretary considers 
                appropriate to ensure identification of the 
                operator;
                  (B) the name, address, and physical 
                description of the operator;
                  (C) the social security account number of the 
                operator or other number or information the 
                Secretary considers appropriate to identify the 
                operator;
                  (D) the name of the State that issued the 
                license or learner's permit to the operator;
                  (E) the dates between which the license or 
                learner's permit is valid; and
                  (F) whether the operator had a commercial 
                motor vehicle driver's license or learner's 
                permit revoked, suspended, or canceled by a 
                State, lost the right to operate a commercial 
                motor vehicle in a State for any period, or has 
                been disqualified by the State that issued the 
                individual a commercial driver's license, or by 
                the Secretary, from operating a commercial 
                motor vehicle.
          (2) The information system under this section must 
        accommodate any unique identifiers required to minimize 
        fraud or duplication of a commercial driver's license 
        or learner's permit under section [31308(2)] 31308(3).
  (c) Availability of Information.--Information in the 
information system shall be made available and subject to 
review and correction in accordance with the policy developed 
under section 31106(e).
  (d) Fee System.--The Secretary may establish a fee system for 
using the information system. Fees collected under this 
subsection in a fiscal year shall equal as nearly as possible 
the costs of operating the information system in that fiscal 
year. The Secretary shall deposit fees collected under this 
subsection in the Highway Trust Fund (except the Mass Transit 
Account).
  (e) Modernization Plan.--
          (1) In general.--Not later than 120 days after the 
        date of enactment of this subsection, the Secretary 
        shall develop and publish a comprehensive national plan 
        to modernize the information system under this section 
        that--
                  (A) complies with applicable Federal 
                information technology security standards;
                  (B) provides for the electronic exchange of 
                all information including the posting of 
                convictions;
                  (C) contains self auditing features to ensure 
                that data is being posted correctly and 
                consistently by the States;
                  (D) integrates the commercial driver's 
                license and the medical certificate; and
                  (E) provides a schedule for modernization of 
                the system.
          (2) Consultation.--The plan shall be developed in 
        consultation with representatives of the motor carrier 
        industry, State safety enforcement agencies, and State 
        licensing agencies designated by the Secretary.
          (3) State funding of future efforts.--The plan shall 
        specify that States will fund future efforts to 
        modernize the commercial driver's information system.
          (4) Deadline for State participation.--
                  [(A) In general.--The Secretary shall 
                establish in the plan a date by which all 
                States must be operating commercial driver's 
                license information systems that are compatible 
                with the modernized information system under 
                this section.]
                  (A) In general.--The plan shall specify--
                          (i) a date by which all States shall 
                        be operating commercial driver's 
                        license information systems that are 
                        compatible with the modernized 
                        information system under this section; 
                        and
                          (ii) that States must use the systems 
                        to receive and submit conviction and 
                        disqualification data.
                  (B) Factors to consider.--In establishing the 
                date under subparagraph (A), the Secretary 
                shall consider the following:
                          (i) Availability and cost of 
                        technology and equipment needed to 
                        comply with subparagraph (A).
                          (ii) Time necessary to install, and 
                        test the operation of, such technology 
                        and equipment.
          (5) Implementation.--The Secretary shall implement 
        the plan developed under subsection (a) and modernize 
        the information system under this section to meet the 
        requirements of the plan.
  (f) Funding.--At the Secretary's discretion, a State may 
[use] use, subject to section 31313(a), the funds made 
available to the State under section 31313 to modernize its 
commercial driver's license information system to be compatible 
with the modernized information system under this section.

31310. Disqualifications

  (a) Blood Alcohol Concentration Level.--In this section, the 
blood alcohol concentration level at or above which an 
individual when operating a commercial motor vehicle is deemed 
to be driving under the influence of alcohol is .04 percent.
  (b) First Violation or Committing Felony.--
          (1) Except as provided in paragraph (2) of this 
        subsection and subsection (c) of this section, the 
        Secretary of Transportation shall disqualify from 
        operating a commercial motor vehicle for at least one 
        year an individual-
                  (A) committing a first violation of driving a 
                commercial motor vehicle under the influence of 
                alcohol or a controlled substance;
                  (B) committing a first violation of leaving 
                the scene of an accident involving a commercial 
                motor vehicle operated by the individual;
                  (C) using a commercial motor vehicle in 
                committing a felony (except a felony described 
                in subsection (d) of this section);
                  (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) If the vehicle involved in a violation referred 
        to in paragraph (1) of this subsection is transporting 
        hazardous material required to be placarded under 
        section 5103 of this title, the Secretary shall 
        disqualify the individual for at least 3 years.
  (c) Second and Multiple Violations.--
          (1) Subject to paragraph (2) of this subsection, the 
        Secretary shall disqualify from operating a commercial 
        motor vehicle for life an individual--
                  (A) committing more than one violation of 
                driving a commercial motor vehicle under the 
                influence of alcohol or a controlled substance;
                  (B) committing more than one violation of 
                leaving the scene of an accident involving a 
                commercial motor vehicle operated by the 
                individual;
                  (C) using a commercial motor vehicle in 
                committing more than one felony arising out of 
                different criminal episodes;
                  (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
                  (F) committing any combination of single 
                violations or use described in subparagraphs 
                (A) through (E).
          (2) The Secretary may prescribe regulations 
        establishing guidelines (including conditions) under 
        which a disqualification for life under paragraph (1) 
        of this subsection may be reduced to a period of not 
        less than 10 years.
  [(d) Controlled Substance Violations.--The Secretary shall 
disqualify from operating a commercial motor vehicle for life 
an individual who uses a commercial motor vehicle in committing 
a felony involving manufacturing, distributing, or dispensing a 
controlled substance, or possession with intent to manufacture, 
distribute, or dispense a controlled substance.]
  (d) Controlled Substance Violations.--The Secretary may 
permanently disqualify an individual from operating a 
commercial vehicle if the individual--
          (1) uses a commercial motor vehicle in the commission 
        of a felony involving manufacturing, distributing, or 
        dispensing a controlled substance, or possession with 
        intent to manufacture, distribute, or dispense a 
        controlled substance; or
          (2) uses alcohol or a controlled substance, in 
        violation of section 31306, 3 or more times.
  (e) Serious Traffic Violations.--
          (1) The Secretary shall disqualify from operating a 
        commercial motor vehicle for at least 60 days an 
        individual who, in a 3-year period, commits 2 serious 
        traffic violations involving a commercial motor vehicle 
        operated by the individual.
          (2) The Secretary shall disqualify from operating a 
        commercial motor vehicle for at least 120 days an 
        individual who, in a 3-year period, commits 3 serious 
        traffic violations involving a commercial motor vehicle 
        operated by the individual.
  (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 521 or 
        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 521 
        or section 5102).
  (g) Noncommercial Motor Vehicle Convictions.--
          (1) Issuance of regulations.--[Not later than 1 year 
        after the date of the enactment of this Act, the] The 
        Secretary shall issue regulations providing for the 
        disqualification by the Secretary from operating a 
        commercial motor vehicle of an individual [who holds a 
        commercial driver's license and] who has been convicted 
        of--
                  (A) a serious offense involving a motor 
                vehicle (other than a commercial motor vehicle) 
                that has resulted in the revocation, 
                cancellation, or suspension of the individual's 
                license; or
                  (B) a drug or alcohol related offense 
                involving a motor vehicle (other than a 
                commercial motor vehicle).
          (2) Requirements for regulations.--Regulations issued 
        under paragraph (1) shall establish the minimum periods 
        for which the disqualifications shall be in effect, but 
        in no case shall the time periods for disqualification 
        for noncommercial motor vehicle violations be more 
        stringent than those for offenses or violations 
        involving a commercial motor vehicle. The Secretary 
        shall determine such periods based on the seriousness 
        of the offenses on which the convictions are based.
  (h) Disqualification for Failure To Pay.--The Secretary shall 
disqualify from operating a commercial motor vehicle any 
individual who fails to pay a civil penalty within the 
prescribed period, or fails to conform to the terms of a 
settlement with the Secretary. A disqualification shall 
continue until the penalty is paid, or the individual conforms 
to the terms of the settlement, unless the nonpayment is 
because the individual is a debtor in a case under chapter 11 
of title 11, United States Code.
  [(h)] (i) State Disqualification.--[Notwithstanding 
subsections (b) through (g)] Notwithstanding subsections (b) 
through (h) of this section, the Secretary does not have to 
disqualify an individual from operating a commercial motor 
vehicle if the State that issued the individual a license 
authorizing the operation has disqualified the individual from 
operating a commercial motor vehicle under subsections (b) 
through (g). If the State has not disqualified the individual 
from operating a commercial vehicle under subsections (a) 
through (g), the State shall disqualify the individual if the 
Secretary determines under section 31144(g) that the individual 
is disqualified from operating a commercial motor vehicle. 
Revocation, suspension, or cancellation of the license is 
deemed to be disqualification under this subsection.
  [(i)] (j) Out-Of-Service Orders.--
          (1)
                  (A) To enforce section 392.5 of title 49, 
                Code of Federal Regulations, the Secretary 
                shall prescribe regulations establishing and 
                enforcing an out-of-service period of 24 hours 
                for an individual who violates section 392.5. 
                An individual may not violate an out-of-service 
                order issued under those regulations.
                  (B) The Secretary shall prescribe regulations 
                establishing and enforcing requirements for 
                reporting out-of-service orders issued under 
                regulations prescribed under subparagraph (A) 
                of this paragraph. Regulations prescribed under 
                this subparagraph shall require at least that 
                an operator of a commercial motor vehicle who 
                is issued an out-of-service order to report the 
                issuance to the individual's employer and to 
                the State that issued the operator a driver's 
                license.
          (2) The Secretary shall prescribe regulations 
        establishing sanctions and penalties related to 
        violations of out-of-service orders by individuals 
        operating commercial motor vehicles. The regulations 
        shall require at least that--
                  (A) an operator of a commercial motor vehicle 
                found to have committed a first violation of an 
                out-of-service order shall be disqualified from 
                operating such a vehicle for at least 180 days 
                and liable for a civil penalty of at least 
                $2,500;
                  (B) an operator of a commercial motor vehicle 
                found to have committed a 2d violation of an 
                out-of-service order shall be disqualified from 
                operating such a vehicle for at least 2 years 
                and not more than 5 years and liable for a 
                civil penalty of at least $5,000;
                  (C) an employer that knowingly allows or 
                requires an employee to operate a commercial 
                motor vehicle in violation of an out-of-service 
                order shall be liable for a civil penalty of 
                not more than $25,000; and
                  (D) an employer that knowingly and willfully 
                allows or requires an employee to operate a 
                commercial motor vehicle in violation of an 
                out-of-service order shall, upon conviction, be 
                subject for each offense to imprisonment for a 
                term not to exceed one year or a fine under 
                title 18, or both.
  [(j)] (k) Grade-Grossing Violations.--
          (1) Sanctions.--The Secretary shall issue regulations 
        establishing sanctions and penalties relating to 
        violations, by persons operating commercial motor 
        vehicles, of laws and regulations pertaining to 
        railroad-highway grade crossings.
          (2) Minimum requirements.--The regulations issued 
        under paragraph (1) shall, at a minimum, require that--
                  (A) the penalty for a single violation is not 
                less than a 60-day disqualification of the 
                driver's commercial driver's license; and
                  (B) any employer that knowingly allows, 
                permits, authorizes, or requires an employee to 
                operate a commercial motor vehicle in violation 
                of such a law or regulation shall be subject to 
                a civil penalty of not more than $10,000.
  [(k)] (l) Foreign Commercial Drivers.--A foreign commercial 
driver shall be subject to disqualification under this section.

31311. Requirements for State participation

  (a) General.--To avoid having amounts withheld from 
apportionment under section 31314 of this title, a State shall 
comply with the following requirements:
          (1) The State shall adopt and carry out a program for 
        testing and ensuring the fitness of individuals to 
        operate commercial motor vehicles consistent with the 
        minimum standards prescribed by the Secretary of 
        Transportation under section 31305(a) of this title.
          (2) The State may issue a commercial driver's license 
        to an individual only if the individual passes written 
        and driving tests for the operation of a commercial 
        motor vehicle that comply with the minimum standards.
          (3) The State shall have in effect and enforce a law 
        providing that an individual with a blood alcohol 
        concentration level at or above the level established 
        by section 31310(a) of this title when operating a 
        commercial motor vehicle is deemed to be driving under 
        the influence of alcohol.
          (4) The State shall authorize an individual to 
        operate a commercial motor vehicle only by issuing a 
        commercial driver's license containing the information 
        described in section 31308(3) of this title.
          (5) [At least 60 days before issuing a commercial 
        driver's license (or a shorter period the Secretary 
        prescribes by regulation),] Not later than the time 
        period prescribed by the Secretary by regulation, the 
        State shall notify the Secretary or the operator of the 
        information system under section 31309 of this title, 
        as the case may be, of the proposed issuance of the 
        license and other information the Secretary may require 
        to ensure identification of the individual applying for 
        the license.
          (6) Before issuing a commercial driver's license to 
        an individual or renewing such a 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.
          (7) Not later than 30 days after issuing a commercial 
        driver's license, the State shall notify the Secretary 
        or the operator of the information system under section 
        31309 of this title, as the case may be, of the 
        issuance.
          (8) Not later than 10 days after disqualifying the 
        holder of a commercial driver's license from operating 
        a commercial motor vehicle (or after revoking, 
        suspending, or canceling the license) for at least 60 
        days, the State shall notify the Secretary or the 
        operator of the information system under section 31309 
        of this title, as the case may be, and the State that 
        issued the license, of the disqualification, 
        revocation, suspension, or cancellation, and the 
        violation that resulted in the disqualification, 
        revocation, suspension, or cancellation shall be 
        recorded.
          (9) If an individual violates a State or local law on 
        motor vehicle traffic control (except a parking 
        violation) and the individual--
                  (A) has a commercial driver's license issued 
                by another State; or
                  (B) is operating a commercial vehicle without 
                a commercial driver's license and has a 
                driver's license issued by another State,
        the State in which the violation occurred shall notify 
        a State official designated by the issuing State of the 
        violations not later than 10 days after the date the 
        individual is found to have committed the violation.
          (10) (A) The State may not issue a commercial 
        driver's license to an individual during a period in 
        which the individual is disqualified from operating a 
        commercial motor vehicle or the individual's driver's 
        license is revoked, suspended, or canceled.
                  (B) The State may not issue a special license 
                or permit (including a provisional or temporary 
                license) to an individual who holds a 
                commercial driver's license that permits the 
                individual to drive a commercial motor vehicle 
                during a period in which--
                          (i) the individual is disqualified 
                        from operating a commercial motor 
                        vehicle; or
                          (ii) the individual's driver's 
                        license is revoked, suspended, or 
                        canceled.
          (11) The State may issue a commercial driver's 
        license to an individual who has a commercial driver's 
        license issued by another State only if the individual 
        first returns the driver's license issued by the other 
        State.
          (12) The State may issue a commercial driver's 
        license only to an individual who operates or will 
        operate a commercial motor vehicle and is domiciled in 
        the State, except that, under regulations the Secretary 
        shall prescribe, the State may issue a commercial 
        driver's license to an individual who operates or will 
        operate a commercial motor vehicle and is not domiciled 
        in a State that issues commercial drivers' licenses.
          (13) The State shall impose penalties consistent with 
        this chapter that the State considers appropriate and 
        the Secretary approves for an individual operating a 
        commercial motor vehicle.
          (14) The State shall allow an individual to operate a 
        commercial motor vehicle in the State if--
                  (A) the individual has a commercial driver's 
                license issued by another State under the 
                minimum standards prescribed by the Secretary 
                under section 31305(a) of this title;
                  (B) the license is not revoked, suspended, or 
                canceled; and
                  (C) the individual is not disqualified from 
                operating a commercial motor vehicle.
          (15) The State shall disqualify an individual from 
        operating a commercial motor vehicle for the same 
        reasons and time periods for which the Secretary shall 
        disqualify the individual under subsections (b)-(e), 
        (i)(1)(A) and (i)(2) of section 31310.
          (16)
                  (A) Before issuing a commercial driver's 
                license to an individual, the State shall 
                request the Secretary for information from the 
                National Driver Register maintained under 
                chapter 303 of this title (after the Secretary 
                decides the Register is operational) on whether 
                the individual--
                          (i) has been disqualified from 
                        operating a motor vehicle (except a 
                        commercial motor vehicle);
                          (ii) has had a license (except a 
                        license authorizing the individual to 
                        operate a commercial motor vehicle) 
                        revoked, suspended, or canceled for 
                        cause in the 3-year period ending on 
                        the date of application for the 
                        commercial driver's license; or
                          (iii) has been convicted of an 
                        offense specified in section 
                        30304(a)(3) of this title.
                  (B) The State shall give full weight and 
                consideration to that information in deciding 
                whether to issue the individual a commercial 
                driver's license.
          (17) The State shall adopt and enforce regulations 
        prescribed by the Secretary under section 31310(j) of 
        this title.
          (18) The State shall maintain, as part of its driver 
        information system, a record of each violation of a 
        State or local motor vehicle traffic control law while 
        operating a motor vehicle (except a parking violation) 
        for each individual who holds a commercial driver's 
        license. The record shall be available upon request to 
        the individual, the Secretary, employers, prospective 
        employers, State licensing and law enforcement 
        agencies, and their authorized agents.
          (19) The State shall--
                  (A) record in the driving record of an 
                individual who has a commercial driver's 
                license issued by the State; and
                  (B) make available to all authorized persons 
                and governmental entities having access to such 
                record,
        all information the State receives under paragraph (9) 
        with respect to the individual and every violation by 
        the individual involving a motor vehicle (including a 
        commercial motor vehicle) of a State or local law on 
        traffic control (except a parking violation), not later 
        than 10 days after the date of receipt of such 
        information or the date of such violation, as the case 
        may be. The State may not allow information regarding 
        such violations to be withheld or masked in any way 
        from the record of an individual possessing a 
        commercial driver's license.
          (20) The State shall revoke, suspend, or cancel the 
        commercial driver's license of an individual in 
        accordance with regulations issued by the Secretary to 
        carry out section 31310(g).
          (21) By the date established by the Secretary under 
        section 31309(e)(4), the State shall be operating a 
        commercial driver's license information system that is 
        compatible with the modernized commercial driver's 
        license information system under section 31309.
          (22) The State shall report a conviction of a foreign 
        commercial driver by that State to the Federal 
        Convictions and Withdrawal Database, or another 
        information system designated by the Secretary to 
        record the convictions. A report shall include--
                  (A) for a driver holding a foreign commercial 
                driver's license--
                          (i) each conviction relating to the 
                        operation of a commercial motor 
                        vehicle; and
                          (ii) a non-commercial motor vehicle; 
                        and
                  (B) for an unlicensed driver or a driver 
                holding a foreign non-commercial driver's 
                license, each conviction for operating a 
                commercial motor vehicle.
          (23) Not later than 1 year after the date of 
        enactment of the Commercial Motor Vehicle Safety 
        Enhancement Act of 2011, the State shall implement a 
        system and practices for the exclusive electronic 
        exchange of driver history record information on the 
        system the Secretary maintains under section 31309, 
        including the posting of convictions, withdrawals, and 
        disqualifications.
          (24) Not later than 1 year after the date of 
        enactment of the Commercial Motor Vehicle Safety 
        Enhancement Act of 2011, the State shall establish and 
        maintain, as part of its driver information system, the 
        capability to receive an electronic copy of a medical 
        examiner's certificate, from a certified medical 
        examiner, for each holder of a commercial driver's 
        license issued by the State who operates or intends to 
        operate in interstate commerce.
  (b) State Satisfaction of Requirements.--A State may satisfy 
the requirements of subsection (a) of this section that the 
State disqualify an individual from operating a commercial 
motor vehicle by revoking, suspending, or canceling the 
driver's license issued to the individual.
  (c) Notification.--Not later than 30 days after being 
notified by a State of the proposed issuance of a commercial 
driver's license to an individual, the Secretary or the 
operator of the information system under section 31309 of this 
title, as the case may be, shall notify the State whether the 
individual has a commercial driver's license issued by another 
State or has been disqualified from operating a commercial 
motor vehicle by another State or the Secretary.
  (d) Critical Requirements.--
          (1) Identification of critical requirements.--After 
        reviewing the requirements under subsection (a), 
        including the regulations issued pursuant to subsection 
        (a) and section 31309(e)(4), the Secretary shall 
        identify the requirements that are critical to an 
        effective State commercial driver's license program.
          (2) Guidance.--Not later than 180 days after the date 
        of enactment of the Commercial Motor Vehicle Safety 
        Enhancement Act of 2011, the Secretary shall issue 
        guidance to assist States in complying with the 
        critical requirements identified under paragraph (1). 
        The guidance shall include a description of the actions 
        that each State must take to collect and share accurate 
        and complete data in a timely manner.
  (e) State Commercial Driver's License Program Plan.--
          (1) In general.--Not later than 180 days after the 
        Secretary issues guidance under subsection (d)(2), a 
        State shall submit a plan to the Secretary for 
        complying with the requirements under this section 
        during the period beginning on the date the plan is 
        submitted and ending on September 30, 2016.
          (2) Contents.--A plan submitted by a State under 
        paragraph (1) shall identify--
                  (A) the actions that the State will take to 
                comply with the critical requirements 
                identified under subsection (d)(1);
                  (B) the actions that the State will take to 
                address any deficiencies in the State's 
                commercial driver's license program, as 
                identified by the Secretary in the most recent 
                audit of the program; and
                  (C) other actions that the State will take to 
                comply with the requirements under subsection 
                (a).
          (3) Priority.--
                  (A) Implementation schedule.--A plan 
                submitted by a State under paragraph (1) shall 
                include a schedule for the implementation of 
                the actions identified under paragraph (2). In 
                establishing the schedule, the State shall 
                prioritize the actions identified under 
                paragraphs (2)(A) and (2)(B).
                  (B) Deadline for compliance with critical 
                requirements.--A plan submitted by a State 
                under paragraph (1) shall include assurances 
                that the State will take the necessary actions 
                to comply with the critical requirements 
                pursuant to subsection (d) not later than 
                September 30, 2015.
          (4) Approval and disapproval.--The Secretary shall--
                  (A) review each plan submitted under 
                paragraph (1);
                  (B) approve a plan that the Secretary 
                determines meets the requirements under this 
                subsection and promotes the goals of this 
                chapter; and
                  (C) disapprove a plan that the Secretary 
                determines does not meet the requirements or 
                does not promote the goals.
          (5) Modification of disapproved plans.--If the 
        Secretary disapproves a plan under paragraph (4)(C), 
        the Secretary shall--
                  (A) provide a written explanation of the 
                disapproval to the State; and
                  (B) allow the State to modify the plan and 
                resubmit it for approval.
          (6) Plan updates.--The Secretary may require a State 
        to review and update a plan, as appropriate.
  (f) Annual Comparison of State Levels of Compliance.--The 
Secretary shall annually--
          (1) compare the relative levels of compliance by 
        States with the requirements under subsection (a); and
          (2) make the results of the comparison available to 
        the public.

31312. Decertification authority

  (a) In General.--If the Secretary of Transportation 
determines that a State is in substantial noncompliance with 
this chapter, the Secretary shall issue an order to--
          (1) prohibit that State from carrying out licensing 
        procedures under this chapter; and
          (2) prohibit that State from issuing any commercial 
        driver's licenses until such time the Secretary 
        determines such State is in substantial compliance with 
        this chapter.
  (b) Deadline for Compliance With Critical Requirements.--
Beginning on October 1, 2016, in making a determination under 
subsection (a), the Secretary shall consider a State to be in 
substantial noncompliance with this chapter if the Secretary 
determines that--
          (1) the State is not complying with a critical 
        requirement under section 31311(d)(1); and
          (2) sufficient grant funding was made available to 
        the State under section 31313(a) to comply with the 
        requirement.
  [(b)] (c) Effect on Other States.--A State (other than a 
State subject to an order under subsection (a)) may issue a 
non-resident commercial driver's license to an individual 
domiciled in a State that is prohibited from such activities 
under subsection (a) if that individual meets all requirements 
of this chapter and the nonresident licensing requirements of 
the issuing State.
  [(c)] (d) Previously Issued Licenses.--Nothing in this 
section shall be construed as invalidating or otherwise 
affecting commercial driver's licenses issued by a State before 
the date of issuance of an order under subsection (a) with 
respect to the State.

[31313. Grants for commercial driver's license program improvements

  [(a) Grants for Commercial Driver's License Program 
Improvements.--
          [(1) General authority.--The Secretary of 
        Transportation may make a grant to a State in a fiscal 
        year--
                  [(A) to comply with the requirements of 
                section 31311; and
                  [(B) in the case of a State that is making a 
                good faith effort toward substantial compliance 
                with the requirements of section 31311 and this 
                section, to improve its implementation of its 
                commercial driver's license program.
          [(2) Purposes for which grants may be used.--
                  [(A) In general.--A State may use grants 
                under paragraphs (1)(A) and (1)(B) only for 
                expenses directly related to its compliance 
                with section 31311; except that a grant under 
                paragraph (1)(B) may be used for improving 
                implementation of the State's commercial 
                driver's license program, including expenses 
                for computer hardware and software, 
                publications, testing, personnel, training, and 
                quality control. The grant may not be used to 
                rent, lease, or buy land or buildings.
                  [(B) Priority.--In making grants under 
                paragraph (1)(B), the Secretary shall give 
                priority to States that will use such grants to 
                achieve compliance with the requirements of the 
                Motor Carrier Safety Improvement Act of 1999, 
                including the amendments made by such Act.
          [(3) Application.--In order to receive a grant under 
        this section, a State shall submit an application for 
        such grant that is in such form, and contains such 
        information, as the Secretary may require. The 
        application shall include the State's assessment of its 
        commercial driver's license program.
          [(4) Maintenance of expenditures.--The Secretary may 
        make a grant to a State under this subsection only if 
        the State agrees that the total expenditure of amounts 
        of the State and political subdivisions of the State, 
        exclusive of amounts from the United States, for the 
        State's commercial driver's license program will be 
        maintained at a level at least equal to the average 
        level of that expenditure by the State and political 
        subdivisions of the State for the last 2 fiscal years 
        of the State ending before the date of enactment of 
        this section.
          [(5) Government share.--The Secretary shall reimburse 
        a State under a grant made under this subsection an 
        amount that is not more than 100 percent of the costs 
        incurred by the State in a fiscal year in complying 
        with section 31311 and improving its implementation of 
        its commercial driver's license program. In determining 
        such costs, the Secretary shall include in-kind 
        contributions by the State. Amounts required to be 
        expended by the State under paragraph (4) may not be 
        included as part of the non-Federal share of such 
        costs.
  [(b) High-Priority Activities.--
          [(1) Grants for national concerns.--The Secretary may 
        make a grant to a State agency, local government, or 
        other person for 100 percent of the costs of research, 
        development, demonstration projects, public education, 
        and other special activities and projects relating to 
        commercial driver licensing and motor vehicle safety 
        that are of benefit to all jurisdictions of the United 
        States or are designed to address national safety 
        concerns and circumstances.
          [(2) Funding.-The Secretary may deduct up to 10 
        percent of the amounts made available to carry out this 
        section for a fiscal year to make grants under this 
        subsection.
  [(c) Emerging Issues.--The Secretary may designate up to 10 
percent of the amounts made available to carry out this section 
for a fiscal year for allocation to a State agency, local 
government, or other person at the discretion of the Secretary 
to address emerging issues relating to commercial driver's 
license improvements.
  [(d) Apportionment.--Except as otherwise provided in 
subsection (c), all amounts made available to carry out this 
section for a fiscal year shall be apportioned to States 
according to criteria prescribed by the Secretary.]

31313. Driver safety grants

  (a) General Authority.--The Secretary shall make and 
administer a driver focused grant program to assist the States, 
local governments, entities, and other persons with commercial 
driver's license systems, programs, training, fraud detection, 
reporting of violations and other programs required to improve 
the safety of drivers as the Federal Motor Carrier Safety 
Administration deems critical. The Secretary shall allocate the 
funds for the program in accordance with section 31104.
  (b) Commercial Driver's License Program Improvement Grants.--
          (1) Program goal.--The Secretary of Transportation 
        may make a grant to a State in a fiscal year--
                  (A) to comply with the requirements of 
                section 31311;
                  (B) in the case of a State that is making a 
                good faith effort toward substantial compliance 
                with the requirements of this section and 
                section 31311, to improve its implementation of 
                its commercial driver's license program;
                  (C) for research, development demonstration 
                projects, public education, and other special 
                activities and projects relating to commercial 
                driver licensing and motor vehicle safety that 
                are of benefit to all jurisdictions of the 
                United States or are designed to address 
                national safety concerns and circumstances;
                  (D) for commercial driver's license program 
                coordinators;
                  (E) to implement or maintain a system to 
                notify an employer of an operator of a 
                commercial motor vehicle of the suspension or 
                revocation of the operator's commercial 
                driver's license consistent with the standards 
                developed under section 304(b) of the 
                Commercial Motor Vehicle Safety Enhancement Act 
                of 2011; or
                  (F) to train operators of commercial motor 
                vehicles, as defined under section 31301, and 
                to train operators and future operators in the 
                safe use of such vehicles. Funding priority for 
                this discretionary grant program shall be to 
                regional or multi-state educational or 
                nonprofit associations serving economically 
                distressed regions of the United States.
          (2) Priority.--The Secretary shall give priority, in 
        making grants under paragraph (1)(B), to a State that 
        will use the grants to achieve compliance with the 
        requirements of the Motor Carrier Safety Improvement 
        Act of 1999 (113 Stat. 1748), including the amendments 
        made by the Commercial Motor Vehicle Safety Enhancement 
        Act of 2011.
          (3) Recipients.--The Secretary may allocate grants to 
        State agencies, local governments, and other persons 
        for carrying out activities and projects that improve 
        commercial driver's license safety and compliance with 
        commercial driver's license and commercial motor 
        vehicle safety regulations in accordance with the 
        program goals under paragraph (1) and that train 
        operators on commercial motor vehicles. The Secretary 
        may make a grant to a State to comply with section 
        31311 for commercial driver's license program 
        coordinators and for notification systems.
          (4) Federal share.--The Federal share of a grant made 
        under this program shall be at least 80 percent, except 
        that the Federal share of grants for commercial driver 
        license program coordinators and training commercial 
        motor vehicle operators shall be 100 percent.

31315. Waivers, exemptions, and pilot programs

  (a) Waivers.--The Secretary may grant a waiver that relieves 
a person from compliance in whole or in part with a regulation 
issued under this chapter or section 31136 if the Secretary 
determines that it is in the public interest to grant the 
waiver and that the waiver is likely to achieve a level of 
safety that is equivalent to, or greater than, the level of 
safety that would be obtained in the absence of the waiver--
          (1) for a period not in excess of 3 months;
          (2) limited in scope and circumstances; and
          [(3) for nonemergency and unique events; and]
          [(4)] (3) subject to such conditions as the Secretary 
        may impose.
  (b) Exemptions.--
          (1) In general.--Upon receipt of a request pursuant 
        to paragraph (3), the Secretary of Transportation may 
        grant to a person or class of persons an exemption from 
        a regulation prescribed under this chapter or section 
        31136 if the Secretary finds such exemption would 
        likely achieve a level of safety that is equivalent to, 
        or greater than, the level that would be achieved 
        absent such exemption. An exemption may be granted for 
        no longer than 2 years from its approval date and may 
        be renewed upon application to the Secretary.
          (2) Authority to revoke exemption.--The Secretary 
        shall immediately revoke an exemption if--
                  (A) the person fails to comply with the terms 
                and conditions of such exemption;
                  (B) the exemption has resulted in a lower 
                level of safety than was maintained before the 
                exemption was granted; or
                  (C) continuation of the exemption would not 
                be consistent with the goals and objectives of 
                this chapter or section 31136, as the case may 
                be.
          (3) Requests for exemption.--Not later than 180 days 
        after the date of enactment of this section and after 
        notice and an opportunity for public comment, the 
        Secretary shall specify by regulation the procedures by 
        which a person may request an exemption. Such 
        regulations shall, at a minimum, require the person to 
        provide the following information for each exemption 
        request:
                  (A) The provisions from which the person 
                requests exemption.
                  (B) The time period during which the 
                requested exemption would apply.
                  (C) An analysis of the safety impacts the 
                requested exemption may cause.
                  (D) The specific countermeasures the person 
                would undertake to ensure an equivalent or 
                greater level of safety than would be achieved 
                absent the requested exemption.
          (4) Notice and comment.--
                  (A) Upon receipt of a request. Upon receipt 
                of an exemption request, the Secretary shall 
                publish in the Federal Register (or, in the 
                case of a request for an exemption from the 
                physical qualification standards for commercial 
                motor vehicle drivers, post on a web site 
                established by the Secretary to implement the 
                requirements of section 31149) a notice 
                explaining the request that has been filed and 
                shall give the public an opportunity to inspect 
                the safety analysis and any other relevant 
                information known to the Secretary and to 
                comment on the request. This subparagraph does 
                not require the release of information 
                protected by law from public disclosure.
                  [(B) Upon granting a request. Upon granting a 
                request for exemption, the Secretary shall 
                publish in the Federal Register the name of the 
                person granted the exemption, the provisions 
                from which the person will be exempt, the 
                effective period, and all terms and conditions 
                of the exemption.]
                  (B) Upon granting a request.--Upon granting a 
                request and before the effective date of the 
                exemption, the Secretary shall publish in the 
                Federal Register (or, in the case of an 
                exemption from the physical qualification 
                standards for commercial motor vehicle drivers, 
                post on a web site established by the Secretary 
                to implement the requirements of section 31149) 
                the name of the person granted the exemption, 
                the provisions from which the person is exempt, 
                the effective period, and the terms and 
                conditions of the exemption.
                  (C) After denying a request.--After denying a 
                request for exemption, the Secretary shall 
                publish in the Federal Register (or, in the 
                case of a request for an exemption from the 
                physical qualification standards for commercial 
                motor vehicle drivers, post on a web site 
                established by the Secretary to implement the 
                requirements of section 31149) the name of the 
                person denied the exemption and the reasons for 
                such denial. The Secretary may meet the 
                requirement of this subparagraph by 
                periodically publishing in the Federal Register 
                the names of persons denied exemptions and the 
                reasons for such denials.
          (5) Applications to be dealt with promptly.--The 
        Secretary shall grant or deny an exemption request 
        after a thorough review of its safety implications, but 
        in no case later than 180 days after the filing date of 
        such request.
          (6) Terms and conditions.--The Secretary shall 
        establish terms and conditions for each exemption to 
        ensure that it will likely achieve a level of safety 
        that is equivalent to, or greater than, the level that 
        would be achieved absent such exemption. The Secretary 
        shall monitor the implementation of the exemption to 
        ensure compliance with its terms and conditions.
          [(7) Notification of state compliance and enforcement 
        personnel.--Before granting a request for exemption, 
        the Secretary shall notify State safety compliance and 
        enforcement personnel, including roadside inspectors, 
        and the public that a person will be operating pursuant 
        to an exemption and any terms and conditions that will 
        apply to the exemption.]
          (7) Notification of State compliance and enforcement 
        personnel.--Before the effective date of an exemption, 
        the Secretary shall notify a State safety compliance 
        and enforcement agency, and require the agency pursuant 
        to section 31102(b)(1)(Y) to notify the State's 
        roadside inspectors, that a person will be operating 
        pursuant to an exemption and the terms and conditions 
        that apply to the exemption.
  (c) Pilot Programs.--
          (1) In general.--The Secretary may conduct pilot 
        programs to evaluate alternatives to regulations 
        relating to, or innovative approaches to, motor 
        carrier, commercial motor vehicle, and driver safety. 
        Such pilot programs may include exemptions from a 
        regulation prescribed under this chapter or section 
        31136 if the pilot program contains, at a minimum, the 
        elements described in paragraph (2). The Secretary 
        shall publish [in the Federal Register] a detailed 
        description of each pilot program, including the 
        exemptions to be considered, and provide notice and an 
        opportunity for public comment before the effective 
        date of the program.
          (2) Program elements.--In proposing a pilot program 
        and before granting exemptions for purposes of a pilot 
        program, the Secretary shall require, as a condition of 
        approval of the project, that the safety measures in 
        the project are designed to achieve a level of safety 
        that is equivalent to, or greater than, the level of 
        safety that would otherwise be achieved through 
        compliance with the regulations prescribed under this 
        chapter or section 31136. The Secretary shall include, 
        at a minimum, the following elements in each pilot 
        program plan:
                  (A) A scheduled life of each pilot program of 
                not more than 3 years.
                  (B) A specific data collection and safety 
                analysis plan that identifies a method for 
                comparison.
                  (C) A reasonable number of participants 
                necessary to yield statistically valid 
                findings.
                  (D) An oversight plan to ensure that 
                participants comply with the terms and 
                conditions of participation.
                  (E) Adequate countermeasures to protect the 
                health and safety of study participants and the 
                general public.
                  (F) A plan to inform State partners and the 
                public about the pilot program and to identify 
                approved participants to safety compliance and 
                enforcement personnel and to the public.
          (3) Authority to revoke participation.--The Secretary 
        shall immediately revoke participation in a pilot 
        program of a motor carrier, commercial motor vehicle, 
        or driver for failure to comply with the terms and 
        conditions of the pilot program or if continued 
        participation would not be consistent with the goals 
        and objectives of this chapter or section 31136, as the 
        case may be.
          (4) Authority to terminate program.--The Secretary 
        shall immediately terminate a pilot program if its 
        continuation would not be consistent with the goals and 
        objectives of this chapter or section 31136, as the 
        case may be.
          (5) Report to congress.--At the conclusion of each 
        pilot program, the Secretary shall report to Congress 
        the findings, conclusions, and recommendations of the 
        program, including suggested amendments to laws and 
        regulations that would enhance motor carrier, 
        commercial motor vehicle, and driver safety and improve 
        compliance with national safety standards.
  (d) Preemption of State Rules.--During the time period that a 
waiver, exemption, or pilot program is in effect under this 
chapter or section 31136, no State shall enforce any law or 
regulation that conflicts with or is inconsistent with the 
waiver, exemption, or pilot program with respect to a person 
operating under the waiver or exemption or participating in the 
pilot program.
  (e) Report to Congress.--The Secretary shall submit an annual 
report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives listing the waivers, exemptions, and pilot 
programs granted under this section, and any impacts on safety.
  (f) Web Site.--The Secretary shall ensure that the Federal 
Motor Carrier Safety Administration web site includes a link to 
the web site established by the Secretary to implement the 
requirements under sections 31149 and 31315. The link shall be 
in a clear and conspicuous location on the home page of the 
Federal Motor Carrier Safety Administration web site and be 
easily accessible to the public.

                       SUBTITLE X. MISCELLANEOUS

                       CHAPTER 805. MISCELLANEOUS

80502. Transportation of animals

  (a) Confinement.--
          (1) Except as provided in this section, a rail 
        carrier, express carrier, or common carrier (except by 
        air or water), a receiver, trustee, or lessee of one of 
        those carriers, or an owner or master of a vessel 
        transporting animals from a place in a State, the 
        District of Columbia, or a territory or possession of 
        the United States through or to a place in another 
        State, the District of Columbia, or a territory or 
        possession, may not confine animals in a vehicle or 
        vessel for more than 28 consecutive hours without 
        unloading the animals for feeding, water, and rest.
          (2) Sheep may be confined for an additional 8 
        consecutive hours without being unloaded when the 28-
        hour period of confinement ends at night. Animals may 
        be confined for--
                  (A) more than 28 hours when the animals 
                cannot be unloaded because of accidental or 
                unavoidable causes that could not have been 
                anticipated or avoided when being careful; and
                  (B) 36 consecutive hours when the owner or 
                person having custody of animals being 
                transported requests, in writing and separate 
                from a bill of lading or other rail form, that 
                the 28-hour period be extended to 36 hours.
          (3) Time spent in loading and unloading animals is 
        not included as part of a period of confinement under 
        this subsection.
  (b) Unloading, Feeding, Watering, and Rest.--Animals being 
transported shall be unloaded in a humane way into pens 
equipped for feeding, water, and rest for at least 5 
consecutive hours. The owner or person having custody of the 
animals shall feed and water the animals. When the animals are 
not fed and watered by the owner or person having custody, the 
rail carrier, express carrier, or common carrier (except by air 
or water), the receiver, trustee, or lessee of one of those 
carriers, or the owner or master of a vessel transporting the 
animals--
          (1) shall feed and water the animals at the 
        reasonable expense of the owner or person having 
        custody, except that the owner or shipper may provide 
        food;
          (2) has a lien on the animals for providing food, 
        care, and custody that may be collected at the 
        destination in the same way that a transportation 
        charge is collected; and
          (3) is not liable for detaining the animals for a 
        reasonable period to comply with subsection (a) of this 
        section.
  (c) Nonapplication.--[This section does not] Subsections (a) 
and (b) shall not apply when animals are transported in a 
vehicle or vessel in which the animals have food, water, space, 
and an opportunity for rest.
  (d) Transportation of Horses.--
          (1) Prohibition.--No person may transport, or cause 
        to be transported, a horse from a place in a State, the 
        District of Columbia, or a territory or possession of 
        the United States through or to a place in another 
        State, the District of Columbia, or a territory or 
        possession of the United States in a motor vehicle 
        containing 2 or more levels stacked on top of each 
        other.
          (2) Motor vehicle defined.--In this subsection, the 
        term ``motor vehicle''--
                  (A) means a vehicle driven or drawn by 
                mechanical power and manufactured primarily for 
                use on public highways; and
                  (B) does not include a vehicle operated 
                exclusively on a rail or rails.
  [(d)] (e) Civil penalty.--[A rail carrier]  
          (1) In general._A rail carrier, express carrier, or 
        common carrier (except by air or water), a receiver, 
        trustee, or lessee of one of those carriers, or an 
        owner or master of a vessel that knowingly and 
        willfully violates [this section] subsection (a) or (b) 
        is liable to the United States Government for a civil 
        penalty of at least $100 but not more than $500 for 
        each violation. [On learning]
          (2) Transportation of horses in multilevel trailer.--
                  (A) Civil penalty.--A person that knowingly 
                violates subsection (d) is liable to the United 
                States Government for a civil penalty of at 
                least $100 but not more than $500 for each 
                violation. A separate violation occurs under 
                subsection (d) for each horse that is 
                transported, or caused to be transported, in 
                violation of subsection (d).
                  (B) Relationship to other laws.--The penalty 
                provided under subparagraph (A) shall be in 
                addition to any penalty or remedy available 
                under any other law.
          (3) Civil action.--On learning of a violation, the 
        Attorney General shall bring a civil action to collect 
        the penalty in the district court of the United States 
        for the judicial district in which the violation 
        occurred or the defendant resides or does business.

              MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999


SEC. 210. MINIMUM REQUIREMENTS FOR APPLICANT MOTOR CARRIERS.

[49 U.S.C. 31144 note]

           *       *       *       *       *       *       *


  (b) The Secretary shall initiate a rulemaking to establish 
minimum requirements for applicant motor carriers, including 
foreign motor carriers, seeking Federal interstate operating 
authority to ensure applicant carriers are knowledgeable about 
applicable Federal motor carrier safety standards. As part of 
that rulemaking, the Secretary shall [consider the 
establishment of] establish a proficiency examination for 
applicant motor carriers as well as other requirements to 
ensure such applicants understand applicable safety 
regulations, commercial regulations, and provisions of subpart 
H of part 37 of title 49, Code of Federal Regulations, or 
successor regulations before being granted operating authority.

  SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A 
                     LEGACY FOR USERS (SAFETEA-LU)


SEC. 4123. COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM 
                    MODERNIZATION.

           *       *       *       *       *       *       *


  (f) Baseline Audit.--[Not later than 1 year after the date of 
enactment of this Act, the] The Secretary, in consultation with 
the Inspector General of the Department of Transportation, 
shall perform a baseline audit of the information system 
maintained under section 31309 of title 49, United States Code. 
The audit shall include--
          (1) an assessment of the validity of data in the 
        information system on a State-by-State basis;
          (2) an assessment of the extent to which convictions 
        are validly posted on a driver's record;
          (3) recommendations to the Secretary on how to update 
        the baseline audit annually to ensure that any 
        shortcomings in the information system are addressed, 
        and a methodology for conducting the update;
          (4) identification, on a State-by-State basis, of any 
        actions that the Inspector General finds necessary to 
        improve the integrity of data collected by the system 
        and to ensure the proper posting of convictions; and
          (5) an analysis of amounts and use of the revenues 
        derived from fees charged for use of the commercial 
        driver's license information system.

[SEC. 4138. HIGH RISK CARRIER COMPLIANCE REVIEWS.

                         [49 U.S.C. 31144 note]

  [From the funds authorized by section 31104(i) of title 49, 
United States Code, the Secretary shall ensure that compliance 
reviews are completed on motor carriers that have demonstrated 
through performance data that they pose the highest safety 
risk. At a minimum, a compliance review shall be conducted 
whenever a motor carrier is rated as category A or B for 2 
consecutive months.]

SEC. 4144. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

                         [49 U.S.C. 31100 note]

  (a) Establishment and Duties.--The Secretary shall establish 
in the Federal Motor Carrier Safety Administration a motor 
carrier safety advisory committee. The committee shall--
          (1) provide advice and recommendations to the 
        Administrator of the Federal Motor Carrier Safety 
        Administration about needs, objectives, plans, 
        approaches, content, and accomplishments of the motor 
        carrier safety programs carried out by the 
        Administration; and
          (2) provide advice and recommendations to the 
        Administrator on motor carrier safety regulations.
  (b) Members, Chairman, Pay, and Expenses.--
          (1) In general.--The committee shall be composed of 
        not more than 20 members appointed by the Administrator 
        from among individuals who are not employees of the 
        Administration and who are specially qualified to serve 
        on the committee because of their education, training, 
        or experience. The members shall include 
        representatives of the motor carrier industry, 
        nonprofit employee labor organizations representing 
        commercial motor vehicle drivers, safety advocates, and 
        safety enforcement officials. Representatives of a 
        single enumerated interest group may not constitute a 
        majority of the members of the advisory committee.
          (2) Chairman.--The Administrator shall designate the 
        chairman of the committee.
          (3) Pay.--A member of the committee shall serve 
        without pay; except that the Administrator may allow a 
        member, when attending meetings of the committee or a 
        subcommittee of the committee, expenses authorized 
        under section 5703 of title 5, relating to per diem, 
        travel, and transportation expenses.
  (c) Support Staff, Information, and Services.--The 
Administrator shall provide support staff for the committee. On 
request of the committee, the Administrator shall provide 
information, administrative services, and supplies that the 
Administrator considers necessary for the committee to carry 
out its duties and powers.
  (d) Termination Date.--Notwithstanding the Federal Advisory 
Committee Act (5 U.S.C. App.), the advisory committee shall 
terminate on [March 31, 2012] September 30, 2013.

                                  
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