II 

Calendar No. 543 

112TH CONGRESS 

2D SESSION S. 1950 

[Report No. 112–238] 

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. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2011 

Mr. LAUTENBERG (for himself, Mr. ROCKEFELLER, and Mr. PRYOR) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

NOVEMBER 13, 2012 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Commercial Motor Ve3 hicle Safety Enhancement Act of 2011’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definition. 

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

TITLE I—COMMERCIAL MOTOR VEHICLE REGISTRATION 

Sec. 101. Registration of motor carriers. 

Sec. 102. Safety fitness of new operators. 

Sec. 103. Reincarnated carriers. 

Sec. 104. Financial responsibility requirements. 

Sec. 105. USDOT number registration requirement. 

Sec. 106. Registration fee system. 

Sec. 107. Registration update. 

Sec. 108. Increased penalties for operating without registration. 

Sec. 109. Revocation of registration for imminent hazard. 

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

to subpoena. 

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

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

Sec. 113. Federal successor standard. 

TITLE II—COMMERCIAL MOTOR VEHICLE SAFETY 

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

Sec. 202. Bus rentals and definition of employer. 

Sec. 203. Crashworthiness standards. 

Sec. 204. Canadian safety rating reciprocity. 

Sec. 205. State reporting of foreign commercial driver convictions. 

Sec. 206. Authority to disqualify foreign commercial drivers. 

Sec. 207. Revocation of foreign motor carrier operating authority for failure to 

pay civil penalties. 

TITLE III—DRIVER SAFETY 

Sec. 301. Electronic on-board recording devices. 

Sec. 302. Safety fitness. 

Sec. 303. Driver medical qualifications. 

Sec. 304. Commercial driver’s license notification system. 

Sec. 305. Commercial motor vehicle operator training. 

Sec. 306. Commercial driver’s license program. 

Sec. 307. Commercial driver’s license requirements. 

Sec. 308. Commercial motor vehicle driver information systems. 

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


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Sec. 310. Federal driver disqualifications. 

Sec. 311. Employer responsibilities. 

TITLE IV—SAFE ROADS ACT OF 2011 

Sec. 401. Short title. 

Sec. 402. National clearinghouse for controlled substance and alcohol test results of commercial motor vehicle operators. 

Sec. 403. Drug and alcohol violation sanctions. 

Sec. 404. Authorization of appropriations. 

TITLE V—ENFORCEMENT 

Sec. 501. Inspection demand and display of credentials. 

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

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

Sec. 504. Minimum prohibition on operation for unfit carriers. 

Sec. 505. Minimum out of service penalties. 

Sec. 506. Impoundment and immobilization of commercial motor vehicles for 

imminent hazard. 

Sec. 507. Increased penalties for evasion of regulations. 

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

Sec. 509. Violations relating to commercial motor vehicle safety regulation and 

operators. 

Sec. 510. Emergency disqualification for imminent hazard. 

Sec. 511. Intrastate operations of interstate motor carriers. 

Sec. 512. Enforcement of safety laws and regulations. 

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

TITLE VI—COMPLIANCE, SAFETY, ACCOUNTABILITY 

Sec. 601. Compliance, safety, accountability. 

Sec. 602. Performance and registration information systems management program. 

Sec. 603. Commercial motor vehicle defined. 

Sec. 604. Driver safety fitness ratings. 

Sec. 605. Uniform electronic clearance for commercial motor vehicle inspections. 

Sec. 606. Authorization of appropriations. 

Sec. 607. High risk carrier reviews. 

Sec. 608. Data and technology grants. 

Sec. 609. Driver safety grants. 

Sec. 610. Commercial vehicle information systems and networks. 

TITLE VII—MOTORCOACH ENHANCED SAFETY ACT OF 2011 

Sec. 701. Short title. 

Sec. 702. Definitions. 

Sec. 703. Regulations for improved occupant protection, passenger evacuation, 

and crash avoidance. 

Sec. 704. Standards for improved fire safety. 

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

Sec. 706. Motorcoach registration. 

Sec. 707. Improved oversight of motorcoach service providers. 

Sec. 708. Report on feasibility, benefits, and costs of establishing a system of 

certification of training programs. 


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Sec. 709. Report on driver’s license requirements for 9- to 15-passenger vans. 

Sec. 710. Event data recorders. 

Sec. 711. Safety inspection program for commercial motor vehicles of passengers. 

Sec. 712. Distracted driving. 

Sec. 713. Regulations. 

TITLE VIII—SAFE HIGHWAYS AND INFRASTRUCTURE 

PRESERVATION 

Sec. 801. Comprehensive truck size and weight limits study. 

Sec. 802. Compilation of existing State truck size and weight limit laws. 

TITLE IX—MISCELLANEOUS 

Sec. 901. Detention time study. 

Sec. 902. Prohibition of coercion. 

Sec. 903. Motor carrier safety advisory committee. 

Sec. 904. Waivers, exemptions, and pilot programs. 

Sec. 905. Transportation of horses. 

TITLE X—HOUSEHOLD GOODS TRANSPORTATION 

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

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

Sec. 1003. Settlement authority. 

Sec. 1004. Household goods transportation assistance program. 

Sec. 1005. Household goods consumer education program. 

TITLE XI—TECHNICAL AMENDMENTS 

Sec. 1101. Update of obsolete text. 

Sec. 1102. Correction of interstate commerce commission references. 

Sec. 1103. Technical and conforming amendments. 

1 SEC. 3. DEFINITION. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Transportation. 

4 SEC. 4. REFERENCES TO TITLE 49, UNITED STATES CODE. 

5 Except as otherwise expressly provided, whenever in 

6 this Act an amendment or repeal is expressed in terms 

7 of an amendment to, or a repeal of, a section or other 

8 provision, the reference shall be considered to be made to 

9 a section or other provision of title 49, United States 

10 Code. 


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1 TITLE I—COMMERCIAL MOTOR 

2 VEHICLE REGISTRATION 

3 SEC. 101. REGISTRATION OF MOTOR CARRIERS. 

4 (a) REGISTRATION REQUIREMENTS.—Section 

5 13902(a)(1) is amended to read as follows: 

6 ‘‘(1) IN GENERAL.—Except as otherwise pro7 vided in this section, the Secretary of Transportation 

8 may not register a person to provide transportation 

9 subject to jurisdiction under subchapter I of chapter 

10 135 as a motor carrier unless the Secretary deter11 mines that the person— 

12 ‘‘(A) is willing and able to comply with— 

13 ‘‘(i) this part and the applicable regu14 lations of the Secretary and the Board; 

15 ‘‘(ii) any safety regulations imposed 

16 by the Secretary; 

17 ‘‘(iii) the duties of employers and em18 ployees established by the Secretary under 

19 section 31135; 

20 ‘‘(iv) the safety fitness requirements 

21 established by the Secretary under section 

22 31144; 

23 ‘‘(v) the accessibility requirements es24 tablished by the Secretary under subpart 

25 H of part 37 of title 49, Code of Federal 


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1 Regulations (or successor regulations), for 

2 transportation provided by an over-the3 road bus; and 

4 ‘‘(vi) the minimum financial responsi5 bility requirements established by the Sec6 retary under sections 13906, 31138, and 

7 31139; 

8 ‘‘(B) has submitted a comprehensive man9 agement plan documenting that the person has 

10 management systems in place to ensure compli11 ance with safety regulations imposed by the 

12 Secretary; 

13 ‘‘(C) has disclosed any relationship involv14 ing common ownership, common management, 

15 common control, or common familial relation16 ship between that person and any other motor 

17 carrier, freight forwarder, or broker, or any 

18 other applicant for motor carrier, freight for19 warder, or broker registration, or a successor 

20 (as that term is defined under section 31153), 

21 if the relationship occurred in the 5-year period 

22 preceding the date of the filing of the applica23 tion for registration; and 

24 ‘‘(D) after the Secretary establishes a writ25 ten proficiency examination pursuant to section 


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1 101(b) of the Commercial Motor Vehicle Safety 

2 Enhancement Act of 2011, has passed the writ3 ten proficiency examination.’’. 

4 (b) WRITTEN PROFICIENCY EXAMINATION.— 

5 (1) ESTABLISHMENT.—Not later than 18 

6 months after the date of enactment of this Act, the 

7 Secretary shall establish a written proficiency exam8 ination for applicant motor carriers pursuant to sec9 tion 13902(a)(1)(D). The written proficiency exam10 ination shall test a person’s knowledge of applicable 

11 safety regulations, standards, and orders of the Fed12 eral government and State government. 

13 (2) ADDITIONAL FEE.—The Secretary may as14 sess a fee to cover the expenses incurred by the De15 partment of Transportation in— 

16 (A) developing and administering the writ17 ten proficiency examination; and 

18 (B) reviewing the comprehensive manage19 ment plan required under section 

20 13902(a)(1)(B) of title 49, United States Code. 

21 (c) CONFORMING AMENDMENT.—Section 210(b) of 

22 the Motor Carrier Safety Improvement Act of 1999 (49 

23 U.S.C. 31144 note) is amended— 

24 (1) by inserting ‘‘, commercial regulations, and 

25 provisions of subpart H of part 37 of title 49, Code 


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1 of Federal Regulations, or successor regulations’’ 

2 after ‘‘applicable safety regulations’’; and 

3 (2) by striking ‘‘consider the establishment of’’ 

4 and inserting ‘‘establish’’. 

5 SEC. 102. SAFETY FITNESS OF NEW OPERATORS. 

6 (a) SAFETY REVIEWS OF NEW OPERATORS.—Section 

7 31144(g)(1) is amended to read as follows: 

8 ‘‘(1) SAFETY REVIEW.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 require, by regulation, each owner and each op11 erator granted new registration under section 

12 13902 or 31134 to undergo a safety review not 

13 later than 12 months after the owner or oper14 ator, as the case may be, begins operations 

15 under such registration. 

16 ‘‘(B) PROVIDERS OF MOTORCOACH SERV17 ICES.—The Secretary may register a person to 

18 provide motorcoach services under section 

19 13902 or 31134 after the person undergoes a 

20 pre-authorization safety audit, including 

21 verification, in a manner sufficient to dem22 onstrate the ability to comply with Federal 

23 rules and regulations, as described in section 

24 13902. The Secretary shall continue to monitor 

25 the safety performance of each owner and each 


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1 operator subject to this section for 12 months 

2 after the owner or operator is granted registra3 tion under section 13902 or 31134. The reg4 istration of each owner and each operator sub5 ject to this section shall become permanent 

6 after the motorcoach service provider is granted 

7 registration following a pre-authorization safety 

8 audit and the expiration of the 12 month moni9 toring period. 

10 ‘‘(C) PRE-AUTHORIZATION SAFETY

11 AUDIT.—The Secretary may require, by regula12 tion, that the pre-authorization safety audit 

13 under subparagraph (B) be completed on-site 

14 not later than 90 days after the submission of 

15 an application for operating authority.’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall take effect 1 year after the date of 

18 enactment of this Act. 

19 SEC. 103. REINCARNATED CARRIERS. 

20 (a) EFFECTIVE PERIODS OF REGISTRATION.— 

21 (1) SUSPENSIONS, AMENDMENTS, AND REVOCA22 TIONS.—Section 13905(d) is amended— 

23 (A) by redesignating paragraph (2) as 

24 paragraph (4); 


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1 (B) by striking paragraph (1) and insert2 ing the following: 

3 ‘‘(1) APPLICATIONS.—On application of the 

4 registrant, the Secretary may amend or revoke a 

5 registration. 

6 ‘‘(2) COMPLAINTS AND ACTIONS ON SEC7 RETARY’S OWN INITIATIVE.—On complaint or on the 

8 Secretary’s own initiative and after notice and an 

9 opportunity for a proceeding, the Secretary may— 

10 ‘‘(A) suspend, amend, or revoke any part 

11 of the registration of a motor carrier, broker, or 

12 freight forwarder for willful failure to comply 

13 with— 

14 ‘‘(i) this part; 

15 ‘‘(ii) an applicable regulation or order 

16 of the Secretary or the Board, including 

17 the accessibility requirements established 

18 by the Secretary under subpart H of part 

19 37 of title 49, Code of Federal Regulations 

20 (or successor regulations), for transpor21 tation provided by an over-the-road bus; or 

22 ‘‘(iii) a condition of its registration; 

23 ‘‘(B) withhold, suspend, amend, or revoke 

24 any part of the registration of a motor carrier, 

25 broker, or freight forwarder for failure— 


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1 ‘‘(i) to pay a civil penalty imposed 

2 under chapter 5, 51, 149, or 311; 

3 ‘‘(ii) to arrange and abide by an ac4 ceptable payment plan for such civil pen5 alty, not later than 90 days after the date 

6 specified by order of the Secretary for the 

7 payment of such penalty; or 

8 ‘‘(iii) for failure to obey a subpoena 

9 issued by the Secretary’’; 

10 ‘‘(C) withhold, suspend, amend, or revoke 

11 any part of a registration of a motor carrier, 

12 broker, or freight forwarder following a deter13 mination by the Secretary that the motor car14 rier, broker, or freight forwarder failed to dis15 close, in its application for registration, a mate16 rial fact relevant to its willingness and ability to 

17 comply with— 

18 ‘‘(i) this part; 

19 ‘‘(ii) an applicable regulation or order 

20 of the Secretary or the Board; or 

21 ‘‘(iii) a condition of its registration; or 

22 ‘‘(D) withhold, suspend, amend, or revoke 

23 any part of a registration of a motor carrier, 

24 broker, or freight forwarder if the Secretary 

25 finds that— 


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1 ‘‘(i) the motor carrier, broker, or 

2 freight forwarder is or was related through 

3 common ownership, common management, 

4 common control, or common familial rela5 tionship to any other motor carrier, broker, 

6 or freight forwarder, or any other appli7 cant for motor carrier, broker, or freight 

8 forwarder registration that the Secretary 

9 determines is or was unwilling or unable to 

10 comply with the relevant requirements list11 ed in section 13902, 13903, or 13904; or 

12 ‘‘(ii) the person is the successor, as 

13 defined in section 31153, to a person who 

14 is or was unwilling or unable to comply 

15 with the relevant requirements of section 

16 13902, 13903, or 13904. 

17 ‘‘(3) LIMITATION.—Paragraph (2)(B) shall not 

18 apply to a person who is unable to pay a civil pen19 alty because the person is a debtor in a case under 

20 chapter 11 of title 11.’’; and 

21 (C) in paragraph (4), as redesignated by 

22 section 103(a)(1)(A) of this Act, by striking 

23 ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph 

24 (2)(B)’’. 


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1 (2) PROCEDURE.—Section 13905(e) is amended 

2 by inserting ‘‘or if the Secretary determines that the 

3 registrant failed to disclose a material fact in an ap4 plication for registration in accordance with sub5 section (d)(2)(C),’’ after ‘‘registrant,’’. 

6 (b) INFORMATION SYSTEMS.—Section 31106(a)(3) is 

7 amended— 

8 (1) in subparagraph (F), by striking ‘‘and’’ at 

9 the end; 

10 (2) in subparagraph (G), by striking the period 

11 at the end and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(H) determine whether a person or em14 ployer is or was related, through common own15 ership, common management, common control, 

16 or common familial relationship, to any other 

17 person, employer, or any other applicant for 

18 registration under section 13902 or 31134.’’. 

19 SEC. 104. FINANCIAL RESPONSIBILITY REQUIREMENTS. 

20 (a) REPORT.—Not later than 6 months after the date 

21 of enactment of this Act, the Secretary shall— 

22 (1) issue a report on the appropriateness of— 

23 (A) the current minimum financial respon24 sibility requirements under sections 31138 and 

25 31139 of title 49, United States Code; and 


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1 (B) the current bond and insurance re2 quirements under section 13904(d) of title 49, 

3 United States Code; and 

4 (2) submit the report under paragraph (1) to 

5 the Committee on Commerce, Science, and Trans6 portation of the Senate and the Committee on 

7 Transportation and Infrastructure of the House of 

8 Representatives. 

9 (b) RULEMAKING.—Not later than 6 months after 

10 the publication of the report under subsection (a), the Sec11 retary shall initiate a rulemaking to increase the minimum 

12 financial responsibility requirements under sections 

13 31138, and 31139 of title 49, United States Code and 

14 to revise the bond and insurance requirements under sec15 tion 13904(d) of title 49, United States Code. As part of 

16 the rulemaking, the Secretary shall consider— 

17 (1) the findings of the report under subsection 

18 (a); 

19 (2) the appropriateness of the amount of the fi20 nancial responsibility to pay for each final judgment 

21 against a motor carrier for bodily injury to, or death 

22 of, each individual resulting from negligent oper23 ation, maintenance, or use of the motor vehicle, or 

24 for loss or damage to property, or both; and 


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1 (3) other matters the Secretary determines ap2 propriate. 

3 (c) DEADLINE.—Not later than 1 year after the start 

4 of the rulemaking under subsection (b), the Secretary 

5 shall— 

6 (1) issue a final rule; or 

7 (2) if the Secretary determines that a rule8 making is not required following the Secretary’s 

9 analysis, submit a report stating the reason for not 

10 increasing the minimum financial responsibility re11 quirements to the Committee on Commerce, Science, 

12 and Transportation of the Senate and the Com13 mittee on Transportation and Infrastructure of the 

14 House of Representatives. 

15 (d) BIENNIAL REVIEWS.—Not less than once every 

16 2 years, the Secretary shall review the requirements pre17 scribed under subsection (b) and revise the requirements, 

18 as appropriate. 

19 SEC. 105. USDOT NUMBER REGISTRATION REQUIREMENT. 

20 (a) Chapter 311 is amended by inserting after section 

21 31133 the following: 

22 ‘‘§ 31134. Requirement for registration and USDOT 

23 number 

24 ‘‘(a) IN GENERAL.—Upon application, and subject to 

25 subsections (b) and (c), the Secretary shall register an emVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\S1950.RS S1950

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1 ployer or person subject to the safety jurisdiction of this 

2 subchapter. An employer or person may operate a com3 mercial motor vehicle in interstate commerce only if the 

4 employer or person is registered by the Secretary under 

5 this section and receives a USDOT number. Nothing in 

6 this section shall preclude registration by the Secretary 

7 of an employer or person not engaged in interstate com8 merce. An employer or person subject to jurisdiction under 

9 subchapter I of chapter 135 of this title shall apply for 

10 commercial registration under section 13902 of this title. 

11 ‘‘(b) WITHHOLDING REGISTRATION.—The Secretary 

12 may withhold registration under subsection (a), after no13 tice and an opportunity for a proceeding, if the Secretary 

14 determines that— 

15 ‘‘(1) the employer or person seeking registra16 tion is unwilling or unable to comply with the re17 quirements of this subchapter and the regulations 

18 prescribed thereunder and chapter 51 and the regu19 lations prescribed thereunder; 

20 ‘‘(2) the employer or person is or was related 

21 through common ownership, common management, 

22 common control, or common familial relationship to 

23 any other person or applicant for registration sub24 ject to this subchapter who is or was unfit, unwillVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6401 E:\BILLS\S1950.RS S1950

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1 ing, or unable to comply with the requirements listed 

2 in subsection (b)(1); or 

3 ‘‘(3) the person is the successor, as defined in 

4 section 31153, to a person who is or was unfit, un5 willing, or unable to comply with the requirements 

6 listed in subsection (b)(1). 

7 ‘‘(c) REVOCATION OR SUSPENSION OF REGISTRA8 TION.—The Secretary shall revoke the registration of an 

9 employer or person under subsection (a) after notice and 

10 an opportunity for a proceeding, or suspend the registra11 tion after giving notice of the suspension to the employer 

12 or person, if the Secretary determines that— 

13 ‘‘(1) the employer’s or person’s authority to op14 erate pursuant to chapter 139 of this title would be 

15 subject to revocation or suspension under sections 

16 13905(d)(1) or 13905(f) of this title; 

17 ‘‘(2) the employer or person is or was related 

18 through common ownership, common management, 

19 common control, or common familial relationship to 

20 any other person or applicant for registration sub21 ject to this subchapter that the Secretary determines 

22 is or was unfit, unwilling, or unable to comply with 

23 the requirements listed in subsection (b)(1); 

24 ‘‘(3) the person is the successor, as defined in 

25 section 31153, to a person the Secretary determines 


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1 is or was unfit, unwilling, or unable to comply with 

2 the requirements listed in subsection (b)(1); or 

3 ‘‘(4) the employer or person failed or refused to 

4 submit to the safety review required by section 

5 31144(g) of this title. 

6 ‘‘(d) PERIODIC REGISTRATION UPDATE.—The Sec7 retary may require an employer to update a registration 

8 under this section periodically or not later than 30 days 

9 after a change in the employer’s address, other contact 

10 information, officers, process agent, or other essential in11 formation, as determined by the Secretary.’’. 

12 (b) CONFORMING AMENDMENT.—The analysis of 

13 chapter 311 is amended by inserting after the item relat14 ing to section 31133 the following: 

‘‘31134. Requirement for registration and USDOT number.’’. 

15 SEC. 106. REGISTRATION FEE SYSTEM. 

16 Section 13908(d)(1) is amended by striking ‘‘but 

17 shall not exceed $300’’. 

18 SEC. 107. REGISTRATION UPDATE. 

19 (a) PERIODIC MOTOR CARRIER UPDATE.—Section 

20 13902 is amended by adding at the end the following: 

21 ‘‘(h) UPDATE OF REGISTRATION.—The Secretary 

22 may require a registrant to update its registration under 

23 this section periodically or not later than 30 days after 

24 a change in the registrant’s address, other contact inforVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S1950.RS S1950

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1 mation, officers, process agent, or other essential informa2 tion, as determined by the Secretary.’’. 

3 (b) PERIODIC FREIGHT FORWARDER UPDATE.—Sec4 tion 13903 is amended by adding at the end the following: 

5 ‘‘(c) UPDATE OF REGISTRATION.—The Secretary 

6 may require a freight forwarder to update its registration 

7 under this section periodically or not later than 30 days 

8 after a change in the freight forwarder’s address, other 

9 contact information, officers, process agent, or other es10 sential information, as determined by the Secretary.’’. 

11 (c) PERIODIC BROKER UPDATE.—Section 13904 is 

12 amended by adding at the end the following: 

13 ‘‘(e) UPDATE OF REGISTRATION.—The Secretary 

14 may require a broker to update its registration under this 

15 section periodically or not later than 30 days after a 

16 change in the broker’s address, other contact information, 

17 officers, process agent, or other essential information, as 

18 determined by the Secretary.’’. 

19 SEC. 108. INCREASED PENALTIES FOR OPERATING WITH20 OUT REGISTRATION. 

21 (a) PENALTIES.—Section 14901(a) is amended— 

22 (1) by striking ‘‘$500’’ and inserting ‘‘$1,000’’; 

23 (2) by striking ‘‘who is not registered under 

24 this part to provide transportation of passengers,’’; 


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1 (3) by striking ‘‘with respect to providing trans2 portation of passengers,’’ and inserting ‘‘or section 

3 13902(c) of this title,’’; and 

4 (4) by striking ‘‘$2,000 for each violation and 

5 each additional day the violation continues’’ and in6 serting ‘‘$10,000 for each violation, or $25,000 for 

7 each violation relating to providing transportation of 

8 passengers’’. 

9 (b) TRANSPORTATION OF HAZARDOUS WASTES.— 

10 Section 14901(b) is amended by striking ‘‘less than 

11 $20,000’’ and inserting ‘‘not less than $25,000’’. 

12 SEC. 109. REVOCATION OF REGISTRATION FOR IMMINENT 

13 HAZARD. 

14 Section 13905(f)(2) is amended to read as follows: 

15 ‘‘(2) IMMINENT HAZARD TO PUBLIC HEALTH.— 

16 Notwithstanding subchapter II of chapter 5 of title 

17 5, the Secretary shall revoke the registration of a 

18 motor carrier if the Secretary finds that the carrier 

19 is or was conducting unsafe operations that are or 

20 were an imminent hazard to public health or prop21 erty.’’. 

22 SEC. 110. REVOCATION OF REGISTRATION AND OTHER 

23 PENALTIES FOR FAILURE TO RESPOND TO 

24 SUBPOENA. 

25 Section 525 is amended— 


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1 (1) by striking ‘‘subpenas’’ in the section head2 ing and inserting ‘‘subpoenas’’; 

3 (2) by striking ‘‘subpena’’ and inserting ‘‘sub4 poena’’; 

5 (3) by striking ‘‘$100’’ and inserting ‘‘$1,000’’; 

6 (4) by striking ‘‘$5,000’’ and inserting 

7 ‘‘$10,000’’; and 

8 (5) by adding at the end the following: 

9 ‘‘The Secretary may withhold, suspend, amend, or re10 voke any part of the registration of a person required to 

11 register under chapter 139 for failing to obey a subpoena 

12 or requirement of the Secretary under this chapter to ap13 pear and testify or produce records.’’. 

14 SEC. 111. FLEETWIDE OUT OF SERVICE ORDER FOR OPER15 ATING WITHOUT REQUIRED REGISTRATION. 

16 Section 13902(e)(1) is amended— 

17 (1) by striking ‘‘motor vehicle’’ and inserting 

18 ‘‘motor carrier’’ after ‘‘the Secretary determines that 

19 a’’; and 

20 (2) by striking ‘‘order the vehicle’’ and inserting 

21 ‘‘order the motor carrier operations’’ after ‘‘the Sec22 retary may’’. 

23 SEC. 112. MOTOR CARRIER AND OFFICER PATTERNS OF 

24 SAFETY VIOLATIONS. 

25 Section 31135 is amended— 


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1 (1) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) NONCOMPLIANCE.— 

4 ‘‘(1) MOTOR CARRIERS.—Two or more motor 

5 carriers, employers, or persons shall not use common 

6 ownership, common management, common control, 

7 or common familial relationship to enable any or all 

8 such motor carriers, employers, or persons to avoid 

9 compliance, or mask or otherwise conceal non-com10 pliance, or a history of non-compliance, with regula11 tions prescribed under this subchapter or an order 

12 of the Secretary issued under this subchapter. 

13 ‘‘(2) PATTERN.—If the Secretary finds that a 

14 motor carrier, employer, or person engaged in a pat15 tern or practice of avoiding compliance, or masking 

16 or otherwise concealing noncompliance, with regula17 tions prescribed under this subchapter, the Sec18 retary— 

19 ‘‘(A) may withhold, suspend, amend, or re20 voke any part of the motor carrier’s, employ21 er’s, or person’s registration in accordance with 

22 section 13905 or 31134; and 

23 ‘‘(B) shall take into account such non-com24 pliance for purposes of determining civil penalty 

25 amounts under section 521(b)(2)(D). 


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1 ‘‘(3) OFFICERS.—If the Secretary finds, after 

2 notice and an opportunity for proceeding, that an of3 ficer of a motor carrier, employer, or owner or oper4 ator engaged in a pattern or practice of violating 

5 regulations prescribed under this subchapter, or as6 sisted a motor carrier, employer, or owner or oper7 ator in avoiding compliance, or masking or otherwise 

8 concealing noncompliance, the Secretary may impose 

9 appropriate sanctions, subject to the limitations in 

10 paragraph (4), including— 

11 ‘‘(A) suspension or revocation of registra12 tion granted to the officer individually under 

13 section 13902 or 31134; 

14 ‘‘(B) temporary or permanent suspension 

15 or bar from association with any motor carrier, 

16 employer, or owner or operator registered under 

17 section 13902 or 31134; or 

18 ‘‘(C) any appropriate sanction approved by 

19 the Secretary. 

20 ‘‘(4) LIMITATIONS.—The sanctions described in 

21 subparagraphs (A) through (C) of subsection (b)(3) 

22 shall apply to— 

23 ‘‘(A) intentional or knowing conduct, in24 cluding reckless conduct that violates applicable 

25 laws (including regulations); and 


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1 ‘‘(B) repeated instances of negligent con2 duct that violates applicable laws (including 

3 regulations).’’; and 

4 (2) by striking subsection (c) and inserting the 

5 following: 

6 ‘‘(c) AVOIDING COMPLIANCE.—For purposes of this 

7 section, ‘avoiding compliance’ or ‘masking or otherwise 

8 concealing noncompliance’ includes serving as an officer 

9 or otherwise exercising controlling influence over 2 or 

10 more motor carriers where— 

11 ‘‘(1) one of the carriers was placed out of serv12 ice, or received notice from the Secretary that it will 

13 be placed out of service, following— 

14 ‘‘(A) a determination of unfitness under 

15 section 31144(b); 

16 ‘‘(B) a suspension or revocation of reg17 istration under section 13902, 13905, or 

18 31144(g); 

19 ‘‘(C) issuance of an imminent hazard out 

20 of service order under section 521(b)(5) or sec21 tion 5121(d); or 

22 ‘‘(D) notice of failure to pay a civil penalty 

23 or abide by a penalty payment plan; and 

24 ‘‘(2) one or more of the carriers is the ‘suc25 cessor,’ as that term is defined in section 31153, to 


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1 the carrier that is the subject of the action in para2 graph (1).’’. 

3 SEC. 113. FEDERAL SUCCESSOR STANDARD. 

4 (a) IN GENERAL.—Chapter 311 is amended by add5 ing after section 31152, as added by section 508 of this 

6 Act, the following: 

7 ‘‘§ 31153. Federal successor standard 

8 ‘‘(a) FEDERAL SUCCESSOR STANDARD.—Notwith9 standing any other provision of Federal or State law, the 

10 Secretary may take an action authorized under chapters 

11 5, 51, 131 through 149, subchapter III of chapter 311 

12 (except sections 31138 and 31139), or sections 31302, 

13 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of 

14 this title, or a regulation issued under any of those provi15 sions, against a successor of a motor carrier (as defined 

16 in section 13102), a successor of an employer (as defined 

17 in section 31132), or a successor of an owner or operator 

18 (as that term is used in subchapter III of chapter 311), 

19 to the same extent and on the same basis as the Secretary 

20 may take the action against the motor carrier, employer, 

21 or owner or operator. 

22 ‘‘(b) SUCCESSOR DEFINED.—For purposes of this 

23 section, the term ‘successor’ means a motor carrier, em24 ployer, or owner or operator that the Secretary deter25 mines, after notice and an opportunity for a proceeding, 


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1 has 1 or more features that correspond closely with the 

2 features of another existing or former motor carrier, em3 ployer, or owner or operator, such as— 

4 ‘‘(1) consideration paid for assets purchased or 

5 transferred; 

6 ‘‘(2) dates of corporate creation and dissolution 

7 or termination of operations; 

8 ‘‘(3) commonality of ownership; 

9 ‘‘(4) commonality of officers and management 

10 personnel and their functions; 

11 ‘‘(5) commonality of drivers and other employ12 ees; 

13 ‘‘(6) identity of physical or mailing addresses, 

14 telephone, fax numbers, or e-mail addresses; 

15 ‘‘(7) identity of motor vehicle equipment; 

16 ‘‘(8) continuity of liability insurance policies; 

17 ‘‘(9) commonality of coverage under liability in18 surance policies; 

19 ‘‘(10) continuation of carrier facilities and other 

20 physical assets; 

21 ‘‘(11) continuity of the nature and scope of op22 erations, including customers; 

23 ‘‘(12) commonality of the nature and scope of 

24 operations, including customers; 


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1 ‘‘(13) advertising, corporate name, or other acts 

2 through which the motor carrier, employer, or owner 

3 or operator holds itself out to the public; 

4 ‘‘(14) history of safety violations and pending 

5 orders or enforcement actions of the Secretary; and 

6 ‘‘(15) additional factors that the Secretary con7 siders appropriate. 

8 ‘‘(c) EFFECTIVE DATE.—Notwithstanding any other 

9 provision of law, this section shall apply to any action com10 menced on or after the date of enactment of the Commer11 cial Motor Vehicle Safety Enhancement Act of 2011 with12 out regard to whether the violation that is the subject of 

13 the action, or the conduct that caused the violation, oc14 curred before the date of enactment. 

15 ‘‘(d) RIGHTS NOT AFFECTED.—Nothing in this sec16 tion shall affect the rights, functions, or responsibilities 

17 under law of any other Department, Agency, or instru18 mentality of the United States, the laws of any State, or 

19 any rights between a private party and a motor carrier, 

20 employer, or owner or operator.’’. 

21 (b) CONFORMING AMENDMENT.—The analysis of 

22 chapter 311 is amended by inserting after the item related 

23 to section 31152, as added by section 508 of this Act, the 

24 following: 

‘‘31153. Federal successor standard.’’. 


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1 TITLE II—COMMERCIAL MOTOR 

2 VEHICLE SAFETY 

3 SEC. 201. REPEAL OF COMMERCIAL JURISDICTION EXCEP4 TION FOR BROKERS OF MOTOR CARRIERS OF 

5 PASSENGERS. 

6 (a) IN GENERAL.—Section 13506(a) is amended— 

7 (1) by inserting ‘‘or’’ at the end of paragraph 

8 (13); 

9 (2) by striking paragraph (14); and 

10 (3) by redesignating paragraph (15) as para11 graph (14). 

12 (b) CONFORMING AMENDMENT.—Section 13904(a) 

13 is amended by striking ‘‘of property’’ in the first sentence. 

14 SEC. 202. BUS RENTALS AND DEFINITION OF EMPLOYER. 

15 Paragraph (3) of section 31132 is amended to read 

16 as follows: 

17 ‘‘(3) ‘employer’— 

18 ‘‘(A) means a person engaged in a business 

19 affecting interstate commerce that— 

20 ‘‘(i) owns or leases a commercial 

21 motor vehicle in connection with that busi22 ness, or assigns an employee to operate the 

23 commercial motor vehicle; or 

24 ‘‘(ii) offers for rent or lease a motor 

25 vehicle designed or used to transport more 


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1 than 8 passengers, including the driver, 

2 and from the same location or as part of 

3 the same business provides names or con4 tact information of drivers, or holds itself 

5 out to the public as a charter bus com6 pany; but 

7 ‘‘(B) does not include the Government, a 

8 State, or a political subdivision of a State.’’. 

9 SEC. 203. CRASHWORTHINESS STANDARDS. 

10 (a) IN GENERAL.—Not later than 18 months after 

11 the date of enactment of this Act, the Secretary shall con12 duct a comprehensive analysis on the need for crash13 worthiness standards on property-carrying commercial 

14 motor vehicles with a gross vehicle weight rating or gross 

15 vehicle weight of at least 26,001 pounds involved in inter16 state commerce, including an evaluation of the need for 

17 roof strength, pillar strength, air bags, and frontal and 

18 back wall standards. 

19 (b) REPORT.—Not later than 90 days after com20 pleting the comprehensive analysis under subsection (a), 

21 the Secretary shall report the results of the analysis and 

22 any recommendations to the Committee on Commerce, 

23 Science, and Transportation of the Senate and the Com24 mittee on Transportation and Infrastructure of the House 

25 of Representatives. 


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1 SEC. 204. CANADIAN SAFETY RATING RECIPROCITY. 

2 Section 31144 is amended by adding at the end the 

3 following: 

4 ‘‘(h) RECOGNITION OF CANADIAN MOTOR CARRIER

5 SAFETY FITNESS DETERMINATIONS.— 

6 ‘‘(1) If an authorized agency of the Canadian 

7 federal government or a Canadian Territorial or 

8 Provincial government determines, by applying the 

9 procedure and standards prescribed by the Secretary 

10 under subsection (b) or pursuant to an agreement 

11 under paragraph (2), that a Canadian employer is 

12 unfit and prohibits the employer from operating a 

13 commercial motor vehicle in Canada or any Cana14 dian Province, the Secretary may prohibit the em15 ployer from operating such vehicle in interstate and 

16 foreign commerce until the authorized Canadian 

17 agency determines that the employer is fit. 

18 ‘‘(2) The Secretary may consult and participate 

19 in negotiations with authorized officials of the Cana20 dian federal government or a Canadian Territorial 

21 or Provincial government, as necessary, to provide 

22 reciprocal recognition of each country’s motor car23 rier safety fitness determinations. An agreement 

24 shall provide, to the maximum extent practicable, 

25 that each country will follow the procedure and 

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1 section (b) in making motor carrier safety fitness de2 terminations.’’. 

3 SEC. 205. STATE REPORTING OF FOREIGN COMMERCIAL 

4 DRIVER CONVICTIONS. 

5 (a) DEFINITION OF FOREIGN COMMERCIAL DRIV6 ER.—Section 31301 is amended— 

7 (1) by redesignating paragraphs (10) through 

8 (14) as paragraphs (11) through (15), respectively; 

9 and 

10 (2) by inserting after paragraph (9) the fol11 lowing: 

12 ‘‘(10) ‘foreign commercial driver’ means an in13 dividual licensed to operate a commercial motor ve14 hicle by an authority outside the United States, or 

15 a citizen of a foreign country who operates a com16 mercial motor vehicle in the United States.’’. 

17 (b) STATE REPORTING OF CONVICTIONS.—Section 

18 31311(a) is amended by adding after paragraph (21) the 

19 following: 

20 ‘‘(22) The State shall report a conviction of a 

21 foreign commercial driver by that State to the Fed22 eral Convictions and Withdrawal Database, or an23 other information system designated by the Sec24 retary to record the convictions. A report shall in25 clude— 


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1 ‘‘(A) for a driver holding a foreign com2 mercial driver’s license— 

3 ‘‘(i) each conviction relating to the op4 eration of a commercial motor vehicle; and 

5 ‘‘(ii) a non-commercial motor vehicle; 

6 and 

7 ‘‘(B) for an unlicensed driver or a driver 

8 holding a foreign non-commercial driver’s li9 cense, each conviction for operating a commer10 cial motor vehicle.’’. 

11 SEC. 206. AUTHORITY TO DISQUALIFY FOREIGN COMMER12 CIAL DRIVERS. 

13 Section 31310 is amended by adding at the end the 

14 following: 

15 ‘‘(k) FOREIGN COMMERCIAL DRIVERS.—A foreign 

16 commercial driver shall be subject to disqualification 

17 under this section.’’. 

18 SEC. 207. REVOCATION OF FOREIGN MOTOR CARRIER OP19 ERATING AUTHORITY FOR FAILURE TO PAY 

20 CIVIL PENALTIES. 

21 Section 13905(d)(1) is amended by inserting ‘‘foreign 

22 motor carrier, foreign motor private carrier,’’ after ‘‘reg23 istration of a motor carrier,’’ each place it appears. 


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1 TITLE III—DRIVER SAFETY 

2 SEC. 301. ELECTRONIC ON-BOARD RECORDING DEVICES. 

3 (a) GENERAL AUTHORITY.—Section 31137 is amend4 ed— 

5 (1) by amending the section heading to read as 

6 follows: 

7 ‘‘§ 31137. Electronic on-board recording devices and 

8 brake maintenance regulations’’; 

9 (2) by redesignating subsection (b) as sub10 section (e); and 

11 (3) by amending (a) to read as follows: 

12 ‘‘(a) ELECTRONIC ON-BOARD RECORDING DE13 VICES.—Not later than 1 year after the date of enactment 

14 of the Commercial Motor Vehicle Safety Enhancement Act 

15 of 2011, the Secretary of Transportation shall prescribe 

16 regulations— 

17 ‘‘(1) requiring a commercial motor vehicle in18 volved in interstate commerce and operated by a 

19 driver subject to the hours of service and the record 

20 of duty status requirements under part 395 of title 

21 49, Code of Federal Regulations, be equipped with 

22 an electronic on-board recording device to improve 

23 compliance by an operator of a vehicle with hours of 

24 service regulations prescribed by the Secretary; and 


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1 ‘‘(2) ensuring that an electronic on-board re2 cording device is not used to harass a vehicle oper3 ator. 

4 ‘‘(b) ELECTRONIC ON-BOARD RECORDING DEVICE

5 REQUIREMENTS.— 

6 ‘‘(1) IN GENERAL.—The regulations prescribed 

7 under subsection (a) shall— 

8 ‘‘(A) require an electronic on-board record9 ing device— 

10 ‘‘(i) to accurately record commercial 

11 driver hours of service; 

12 ‘‘(ii) to record the location of a com13 mercial motor vehicle; 

14 ‘‘(iii) to be tamper resistant; and 

15 ‘‘(iv) to be integrally synchronized 

16 with an engine’s control module; 

17 ‘‘(B) allow law enforcement to access the 

18 data contained in the device during a roadside 

19 inspection; and 

20 ‘‘(C) apply to a commercial motor vehicle 

21 beginning on the date that is 2 years after the 

22 date that the regulations are published as a 

23 final rule. 


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1 ‘‘(2) PERFORMANCE AND DESIGN STAND2 ARDS.—The regulations prescribed under subsection 

3 (a) shall establish performance standards— 

4 ‘‘(A) defining a standardized user interface 

5 to aid vehicle operator compliance and law en6 forcement review; 

7 ‘‘(B) establishing a secure process for 

8 standardized— 

9 ‘‘(i) and unique vehicle operator iden10 tification; 

11 ‘‘(ii) data access; 

12 ‘‘(iii) data transfer for vehicle opera13 tors between motor vehicles; 

14 ‘‘(iv) data storage for a motor carrier; 

15 and 

16 ‘‘(v) data transfer and transportability 

17 for law enforcement officials; 

18 ‘‘(C) establishing a standard security level 

19 for an electronic on-board recording device and 

20 related components to be tamper resistant by 

21 using a methodology endorsed by a nationally 

22 recognized standards organization; and 

23 ‘‘(D) identifying each driver subject to the 

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1 quirements under part 395 of title 49, Code of 

2 Federal Regulations. 

3 ‘‘(c) CERTIFICATION CRITERIA.— 

4 ‘‘(1) IN GENERAL.—The regulations prescribed 

5 by the Secretary under this section shall establish 

6 the criteria and a process for the certification of an 

7 electronic on-board recording device to ensure that 

8 the device meets the performance requirements 

9 under this section. 

10 ‘‘(2) EFFECT OF NONCERTIFICATION.—An elec11 tronic on-board recording device that is not certified 

12 in accordance with the certification process referred 

13 to in paragraph (1) shall not be acceptable evidence 

14 of hours of service and record of duty status require15 ments under part 395 of title 49, Code of Federal 

16 Regulations. 

17 ‘‘(d) ELECTRONIC ON-BOARD RECORDING DEVICE

18 DEFINED.—In this section, the term ‘electronic on-board 

19 recording device’ means an electronic device that— 

20 ‘‘(1) is capable of recording a driver’s hours of 

21 service and duty status accurately and automatically; 

22 and 

23 ‘‘(2) meets the requirements established by the 

24 Secretary through regulation.’’. 


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1 (b) CIVIL PENALTIES.—Section 30165(a)(1) is 

2 amended by striking ‘‘or 30141 through 30147’’ and in3 serting ‘‘30141 through 30147, or 31137’’. 

4 (c) CONFORMING AMENDMENT.—The analysis for 

5 chapter 311 is amended by striking the item relating to 

6 section 31137 and inserting the following: 

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

7 SEC. 302. SAFETY FITNESS. 

8 (a) SAFETY FITNESS RATING METHODOLOGY.—The 

9 Secretary shall— 

10 (1) incorporate into its Compliance, Safety, Ac11 countability program a safety fitness rating method12 ology that assigns sufficient weight to adverse vehi13 cle and driver performance based-data that elevate 

14 crash risks to warrant an unsatisfactory rating for 

15 a carrier; and 

16 (2) ensure that the data to support such assess17 ments is accurate. 

18 (b) INTERIM MEASURES.—Not later than March 31, 

19 2011, the Secretary shall take interim measures to imple20 ment a similar safety fitness rating methodology in its cur21 rent safety rating system if the Compliance, Safety, Ac22 countability program is not fully implemented. 


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1 SEC. 303. DRIVER MEDICAL QUALIFICATIONS. 

2 (a) DEADLINE FOR ESTABLISHMENT OF NATIONAL

3 REGISTRY OF MEDICAL EXAMINERS.—Not later than 1 

4 year after the date of enactment of this Act, the Secretary 

5 shall establish a national registry of medical examiners in 

6 accordance with section 31149(d)(1) of title 49, United 

7 States Code. 

8 (b) EXAMINATION REQUIREMENT FOR NATIONAL

9 REGISTRY OF MEDICAL EXAMINERS.—Section 

10 31149(c)(1)(D) is amended to read as follows: 

11 ‘‘(D) not later than 1 year after enactment 

12 of the Commercial Motor Vehicle Safety En13 hancement Act of 2011, develop requirements 

14 for a medical examiner to be listed in the na15 tional registry under this section, including— 

16 ‘‘(i) the completion of specific courses 

17 and materials; 

18 ‘‘(ii) certification, including self-cer19 tification, if the Secretary determines that 

20 self-certification is necessary for sufficient 

21 participation in the national registry, to 

22 verify that a medical examiner completed 

23 specific training, including refresher 

24 courses, that the Secretary determines nec25 essary to be listed in the national registry; 


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1 ‘‘(iii) an examination that requires a 

2 passing grade; and 

3 ‘‘(iv) demonstration of a medical ex4 aminer’s willingness to meet the reporting 

5 requirements established by the Sec6 retary.’’. 

7 (c) ADDITIONAL OVERSIGHT OF LICENSING AU8 THORITIES.— 

9 (1) IN GENERAL.—Section 31149(c)(1) is 

10 amended— 

11 (A) in subparagraph (E), by striking 

12 ‘‘and’’ after the semicolon; 

13 (B) in subparagraph (F), by striking the 

14 period at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(G) annually review the implementation 

17 of commercial driver’s license requirements by 

18 not fewer than 10 States to assess the accu19 racy, validity, and timeliness of— 

20 ‘‘(i) the submission of physical exam21 ination reports and medical certificates to 

22 State licensing agencies; and 

23 ‘‘(ii) the processing of the submissions 

24 by State licensing agencies.’’. 

25 (2) INTERNAL OVERSIGHT POLICY.— 


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1 (A) IN GENERAL.—Not later than 2 years 

2 after the date of enactment of this Act, the Sec3 retary shall establish an oversight policy and 

4 procedure to carry out section 31149(c)(1)(G) 

5 of title 49, United States Code, as added by 

6 section 303(c)(1) of this Act. 

7 (B) EFFECTIVE DATE.—The amendments 

8 made by section 303(c)(1) of this Act shall take 

9 effect on the date the oversight policies and 

10 procedures are established pursuant to subpara11 graph (A). 

12 (d) ELECTRONIC FILING OF MEDICAL EXAMINATION

13 CERTIFICATES.—Section 31311(a), as amended by sec14 tions 205(b) and 306(b) of this Act, is amended by adding 

15 at the end the following: 

16 ‘‘(24) Not later than 1 year after the date of 

17 enactment of the Commercial Motor Vehicle Safety 

18 Enhancement Act of 2011, the State shall establish 

19 and maintain, as part of its driver information sys20 tem, the capability to receive an electronic copy of 

21 a medical examiner’s certificate, from a certified 

22 medical examiner, for each holder of a commercial 

23 driver’s license issued by the State who operates or 

24 intends to operate in interstate commerce.’’. 

25 (e) FUNDING.— 


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1 (1) AUTHORIZATION OF APPROPRIATIONS.—Of 

2 the funds provided for Data and Technology Grants 

3 under section 31104(a) of title 49, United States 

4 Code, there are authorized to be appropriated from 

5 the Highway Trust Fund (other than the Mass 

6 Transit Account) for the Secretary to make grants 

7 to States or an organization representing agencies 

8 and officials of the States to support development 

9 costs of the information technology needed to carry 

10 out section 31311(a)(24) of title 49, United States 

11 Code, up to $1 million for fiscal year 2012 and up 

12 to $1 million for fiscal year 2013. 

13 (2) PERIOD OF AVAILABILITY.—The amounts 

14 made available under this subsection shall remain 

15 available until expended. 

16 SEC. 304. COMMERCIAL DRIVER’S LICENSE NOTIFICATION 

17 SYSTEM. 

18 (a) IN GENERAL.—Section 31304 is amended— 

19 (1) by striking ‘‘An employer’’ and inserting the 

20 following: 

21 ‘‘(a) IN GENERAL.—An employer’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(b) DRIVER VIOLATION RECORDS.— 


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1 ‘‘(1) PERIODIC REVIEW.—Except as provided in 

2 paragraph (3), an employer shall ascertain the driv3 ing record of each driver it employs— 

4 ‘‘(A) by making an inquiry at least once 

5 every 12 months to the appropriate State agen6 cy in which the driver held or holds a commer7 cial driver’s license or permit during such time 

8 period; 

9 ‘‘(B) by receiving occurrence-based reports 

10 of changes in the status of a driver’s record 

11 from 1 or more driver record notification sys12 tems that meet minimum standards issued by 

13 the Secretary; or 

14 ‘‘(C) by a combination of inquiries to 

15 States and reports from driver record notifica16 tion systems. 

17 ‘‘(2) RECORD KEEPING.—A copy of the reports 

18 received under paragraph (1) shall be maintained in 

19 the driver’s qualification file. 

20 ‘‘(3) EXCEPTIONS TO RECORD REVIEW RE21 QUIREMENT.—Paragraph (1) shall not apply to a 

22 driver employed by an employer who, in any 7-day 

23 period, is employed or used as a driver by more than 

24 1 employer— 


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1 ‘‘(A) if the employer obtains the driver’s 

2 identification number, type, and issuing State 

3 of the driver’s commercial motor vehicle license; 

4 or 

5 ‘‘(B) if the information described in sub6 paragraph (A) is furnished by another employer 

7 and the employer that regularly employs the 

8 driver meets the other requirements under this 

9 section. 

10 ‘‘(4) DRIVER RECORD NOTIFICATION SYSTEM

11 DEFINED.—In this section, the term ‘driver record 

12 notification system’ means a system that automati13 cally furnishes an employer with a report, generated 

14 by the appropriate agency of a State, on the change 

15 in the status of an employee’s driver’s license due to 

16 a conviction for a moving violation, a failure to ap17 pear, an accident, driver’s license suspension, driv18 er’s license revocation, or any other action taken 

19 against the driving privilege.’’. 

20 (b) STANDARDS FOR DRIVER RECORD NOTIFICATION

21 SYSTEMS.—Not later than 1 year after the date of enact22 ment of this Act, the Secretary shall issue minimum 

23 standards for driver notification systems, including stand24 ards for the accuracy, consistency, and completeness of the 

25 information provided. 


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1 (c) PLAN FOR NATIONAL NOTIFICATION SYSTEM.— 

2 (1) DEVELOPMENT.—Not later than 2 years 

3 after the date of enactment of this Act, the Sec4 retary shall develop recommendations and a plan for 

5 the development and implementation of a national 

6 driver record notification system, including— 

7 (A) an assessment of the merits of achiev8 ing a national system by expanding the Com9 mercial Driver’s License Information System; 

10 and 

11 (B) an estimate of the fees that an em12 ployer will be charged to offset the operating 

13 costs of the national system. 

14 (2) SUBMISSION TO CONGRESS.—Not later than 

15 90 days after the recommendations and plan are de16 veloped under paragraph (1), the Secretary shall 

17 submit a report on the recommendations and plan to 

18 the Committee on Commerce, Science, and Trans19 portation of the Senate and the Committee on 

20 Transportation and Infrastructure of the House of 

21 Representatives. 

22 SEC. 305. COMMERCIAL MOTOR VEHICLE OPERATOR 

23 TRAINING. 

24 (a) IN GENERAL.—Section 31305 is amended by 

25 adding at the end the following: 


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1 ‘‘(c) STANDARDS FOR TRAINING.—Not later than 6 

2 months after the date of enactment of the Commercial 

3 Motor Vehicle Safety Enhancement Act of 2011, the Sec4 retary shall issue final regulations establishing minimum 

5 entry-level training requirements for an individual oper6 ating a commercial motor vehicle— 

7 ‘‘(1) addressing the knowledge and skills that— 

8 ‘‘(A) are necessary for an individual oper9 ating a commercial motor vehicle to safely oper10 ate a commercial motor vehicle; and 

11 ‘‘(B) must be acquired before obtaining a 

12 commercial driver’s license for the first time or 

13 upgrading from one class of commercial driver’s 

14 license to another class; 

15 ‘‘(2) addressing the specific training needs of a 

16 commercial motor vehicle operator seeking passenger 

17 or hazardous materials endorsements, including for 

18 an operator seeking a passenger endorsement train19 ing— 

20 ‘‘(A) to suppress motorcoach fires; and 

21 ‘‘(B) to evacuate passengers from 

22 motorcoaches safely; 

23 ‘‘(3) requiring effective instruction to acquire 

24 the knowledge, skills, and training referred to in 


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1 paragraphs (1) and (2), including classroom and be2 hind-the-wheel instruction; 

3 ‘‘(4) requiring certification that an individual 

4 operating a commercial motor vehicle meets the re5 quirements established by the Secretary; and 

6 ‘‘(5) requiring a training provider (including a 

7 public or private driving school, motor carrier, or 

8 owner or operator of a commercial motor vehicle) 

9 that offers training that results in the issuance of a 

10 certification to an individual under paragraph (4) to 

11 demonstrate that the training meets the require12 ments of the regulations, through a process estab13 lished by the Secretary.’’. 

14 (b) COMMERCIAL DRIVER’S LICENSE UNIFORM

15 STANDARDS.—Section 31308(1) is amended to read as 

16 follows: 

17 ‘‘(1) an individual issued a commercial driver’s 

18 license— 

19 ‘‘(A) pass written and driving tests for the 

20 operation of a commercial motor vehicle that 

21 comply with the minimum standards prescribed 

22 by the Secretary under section 31305(a); and 

23 ‘‘(B) present certification of completion of 

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1 tablished by the Secretary under section 

2 31305(c);’’. 

3 (c) CONFORMING AMENDMENT.—The section head4 ing for section 31305 is amended to read as follows: 

5 ‘‘§ 31305. General driver fitness, testing, and train6 ing’’. 

7 (d) CONFORMING AMENDMENT.—The analysis for 

8 chapter 313 is amended by striking the item relating to 

9 section 31305 and inserting the following: 

‘‘31305. General driver fitness, testing, and training.’’. 

10 SEC. 306. COMMERCIAL DRIVER’S LICENSE PROGRAM. 

11 (a) IN GENERAL.—Section 31309 is amended— 

12 (1) in subsection (e)(4), by amending subpara13 graph (A) to read as follows: 

14 ‘‘(A) IN GENERAL.—The plan shall speci15 fy— 

16 ‘‘(i) a date by which all States shall 

17 be operating commercial driver’s license in18 formation systems that are compatible with 

19 the modernized information system under 

20 this section; and 

21 ‘‘(ii) that States must use the systems 

22 to receive and submit conviction and dis23 qualification data.’’; and 

24 (2) in subsection (f), by striking ‘‘use’’ and in25 serting ‘‘use, subject to section 31313(a),’’. 


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1 (b) REQUIREMENTS FOR STATE PARTICIPATION.— 

2 Section 31311 is amended— 

3 (1) in subsection (a), as amended by section 

4 205(b) of this Act— 

5 (A) in paragraph (5), by striking ‘‘At 

6 least’’ and all that follows through ‘‘regula7 tion),’’ and inserting: ‘‘Not later than the time 

8 period prescribed by the Secretary by regula9 tion,’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(23) Not later than 1 year after the date of 

12 enactment of the Commercial Motor Vehicle Safety 

13 Enhancement Act of 2011, the State shall imple14 ment a system and practices for the exclusive elec15 tronic exchange of driver history record information 

16 on the system the Secretary maintains under section 

17 31309, including the posting of convictions, with18 drawals, and disqualifications.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(d) CRITICAL REQUIREMENTS.— 

21 ‘‘(1) IDENTIFICATION OF CRITICAL REQUIRE22 MENTS.—After reviewing the requirements under 

23 subsection (a), including the regulations issued pur24 suant to subsection (a) and section 31309(e)(4), the 

25 Secretary shall identify the requirements that are 


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1 critical to an effective State commercial driver’s li2 cense program. 

3 ‘‘(2) GUIDANCE.—Not later than 180 days 

4 after the date of enactment of the Commercial 

5 Motor Vehicle Safety Enhancement Act of 2011, the 

6 Secretary shall issue guidance to assist States in 

7 complying with the critical requirements identified 

8 under paragraph (1). The guidance shall include a 

9 description of the actions that each State must take 

10 to collect and share accurate and complete data in 

11 a timely manner. 

12 ‘‘(e) STATE COMMERCIAL DRIVER’S LICENSE PRO13 GRAM PLAN.— 

14 ‘‘(1) IN GENERAL.—Not later than 180 days 

15 after the Secretary issues guidance under subsection 

16 (d)(2), a State shall submit a plan to the Secretary 

17 for complying with the requirements under this sec18 tion during the period beginning on the date the 

19 plan is submitted and ending on September 30, 

20 2016. 

21 ‘‘(2) CONTENTS.—A plan submitted by a State 

22 under paragraph (1) shall identify— 

23 ‘‘(A) the actions that the State will take to 

24 comply with the critical requirements identified 

25 under subsection (d)(1); 


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1 ‘‘(B) the actions that the State will take to 

2 address any deficiencies in the State’s commer3 cial driver’s license program, as identified by 

4 the Secretary in the most recent audit of the 

5 program; and 

6 ‘‘(C) other actions that the State will take 

7 to comply with the requirements under sub8 section (a). 

9 ‘‘(3) PRIORITY.— 

10 ‘‘(A) IMPLEMENTATION SCHEDULE.—A 

11 plan submitted by a State under paragraph (1) 

12 shall include a schedule for the implementation 

13 of the actions identified under paragraph (2). 

14 In establishing the schedule, the State shall 

15 prioritize the actions identified under para16 graphs (2)(A) and (2)(B). 

17 ‘‘(B) DEADLINE FOR COMPLIANCE WITH

18 CRITICAL REQUIREMENTS.—A plan submitted 

19 by a State under paragraph (1) shall include 

20 assurances that the State will take the nec21 essary actions to comply with the critical re22 quirements pursuant to subsection (d) not later 

23 than September 30, 2015. 

24 ‘‘(4) APPROVAL AND DISAPPROVAL.—The Sec25 retary shall— 


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1 ‘‘(A) review each plan submitted under 

2 paragraph (1); 

3 ‘‘(B) approve a plan that the Secretary de4 termines meets the requirements under this 

5 subsection and promotes the goals of this chap6 ter; and 

7 ‘‘(C) disapprove a plan that the Secretary 

8 determines does not meet the requirements or 

9 does not promote the goals. 

10 ‘‘(5) MODIFICATION OF DISAPPROVED PLANS.— 

11 If the Secretary disapproves a plan under paragraph 

12 (4)(C), the Secretary shall— 

13 ‘‘(A) provide a written explanation of the 

14 disapproval to the State; and 

15 ‘‘(B) allow the State to modify the plan 

16 and resubmit it for approval. 

17 ‘‘(6) PLAN UPDATES.—The Secretary may re18 quire a State to review and update a plan, as appro19 priate. 

20 ‘‘(f) ANNUAL COMPARISON OF STATE LEVELS OF

21 COMPLIANCE.—The Secretary shall annually— 

22 ‘‘(1) compare the relative levels of compliance 

23 by States with the requirements under subsection 

24 (a); and 


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1 ‘‘(2) make the results of the comparison avail2 able to the public.’’. 

3 (c) DECERTIFICATION AUTHORITY.—Section 31312 

4 is amended— 

5 (1) by redesignating subsections (b) and (c) as 

6 subsections (c) and (d), respectively; and 

7 (2) by inserting after subsection (a) the fol8 lowing: 

9 ‘‘(b) DEADLINE FOR COMPLIANCE WITH CRITICAL

10 REQUIREMENTS.—Beginning on October 1, 2016, in mak11 ing a determination under subsection (a), the Secretary 

12 shall consider a State to be in substantial noncompliance 

13 with this chapter if the Secretary determines that— 

14 ‘‘(1) the State is not complying with a critical 

15 requirement under section 31311(d)(1); and 

16 ‘‘(2) sufficient grant funding was made avail17 able to the State under section 31313(a) to comply 

18 with the requirement.’’. 

19 SEC. 307. COMMERCIAL DRIVER’S LICENSE REQUIRE20 MENTS. 

21 (a) LICENSING STANDARDS.—Section 31305(a)(7) is 

22 amended by inserting ‘‘would not be subject to a disquali23 fication under section 31310(g) of this title and’’ after 

24 ‘‘taking the tests’’. 


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1 (b) DISQUALIFICATIONS.—Section 31310(g)(1) is 

2 amended by deleting ‘‘who holds a commercial driver’s li3 cense and’’. 

4 SEC. 308. COMMERCIAL MOTOR VEHICLE DRIVER INFOR5 MATION SYSTEMS. 

6 Section 31106(c) is amended— 

7 (1) by striking the subsection heading and in8 serting ‘‘(1) IN GENERAL.—’’; 

9 (2) by redesignating paragraphs (1) through 

10 (4) as subparagraphs (A) through (D); and 

11 (3) by adding at the end the following: 

12 ‘‘(2) ACCESS TO RECORDS.—The Secretary may 

13 require a State, as a condition of an award of grant 

14 money under this section, to provide the Secretary 

15 access to all State licensing status and driver history 

16 records via an electronic information system, subject 

17 to section 2721 of title 18.’’. 

18 SEC. 309. DISQUALIFICATIONS BASED ON NON-COMMER19 CIAL MOTOR VEHICLE OPERATIONS. 

20 (a) FIRST OFFENSE.—Section 31310(b)(1)(D) is 

21 amended by deleting ‘‘commercial’’ after ‘‘revoked, sus22 pended, or canceled based on the individual’s operation of 

23 a,’’ and before ‘‘motor vehicle’’. 

24 (b) SECOND OFFENSE.—Section 31310(c)(1)(D) is 

25 amended by deleting ‘‘commercial’’ after ‘‘revoked, susVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6401 E:\BILLS\S1950.RS S1950

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1 pended, or canceled based on the individual’s operation of 

2 a,’’ and before ‘‘motor vehicle’’. 

3 SEC. 310. FEDERAL DRIVER DISQUALIFICATIONS. 

4 (a) DISQUALIFICATION DEFINED.—Section 31301, 

5 as amended by section 205 of this Act, is amended— 

6 (1) by redesignating paragraphs (6) through 

7 (15) as paragraphs (7) through (16), respectively; 

8 and 

9 (2) by inserting after paragraph (5) the fol10 lowing: 

11 ‘‘(6) ‘Disqualification’ means— 

12 ‘‘(A) the suspension, revocation, or can13 cellation of a commercial driver’s license by the 

14 State of issuance; 

15 ‘‘(B) a withdrawal of an individual’s privi16 lege to drive a commercial motor vehicle by a 

17 State or other jurisdiction as the result of a vio18 lation of State or local law relating to motor ve19 hicle traffic control, except for a parking, vehi20 cle weight, or vehicle defect violation; 

21 ‘‘(C) a determination by the Secretary that 

22 an individual is not qualified to operate a com23 mercial motor vehicle; or 


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1 ‘‘(D) a determination by the Secretary that 

2 a commercial motor vehicle driver is unfit under 

3 section 31144(g).’’. 

4 (b) COMMERCIAL DRIVER’S LICENSE INFORMATION

5 SYSTEM CONTENTS.—Section 31309(b)(1)(F) is amended 

6 by inserting after ‘‘disqualified’’ the following: ‘‘by the 

7 State that issued the individual a commercial driver’s li8 cense, or by the Secretary,’’. 

9 (c) STATE ACTION ON FEDERAL DISQUALIFICA10 TION.—Section 31310(h) is amended by inserting after 

11 the first sentence the following: 

12 ‘‘If the State has not disqualified the individual from 

13 operating a commercial vehicle under subsections (b) 

14 through (g), the State shall disqualify the individual if the 

15 Secretary determines under 31144(g) that the individual 

16 is disqualified from operating a commercial motor vehi17 cle.’’. 

18 SEC. 311. EMPLOYER RESPONSIBILITIES. 

19 Section 31304, as amended by section 304 of this 

20 Act, is amended in subsection (a)— 

21 (1) by striking ‘‘knowingly’’; and 

22 (2) by striking ‘‘in which’’ and inserting ‘‘that 

23 the employer knows or should reasonably know 

24 that’’. 


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1 TITLE IV—SAFE ROADS ACT OF 

2 2011 

3 SEC. 401. SHORT TITLE. 

4 This title may be cited as the ‘‘Safe Roads Act of 

5 2011’’. 

6 SEC. 402. NATIONAL CLEARINGHOUSE FOR CONTROLLED 

7 SUBSTANCE AND ALCOHOL TEST RESULTS OF 

8 COMMERCIAL MOTOR VEHICLE OPERATORS. 

9 (a) IN GENERAL.—Chapter 313 is amended— 

10 (1) in section 31306(a), by inserting ‘‘and sec11 tion 31306a’’ after ‘‘this section’’; and 

12 (2) by inserting after section 31306 the fol13 lowing: 

14 ‘‘§ 31306a. National clearinghouse for controlled sub15 stance and alcohol test results of com16 mercial motor vehicle operators 

17 ‘‘(a) ESTABLISHMENT.— 

18 ‘‘(1) IN GENERAL.—Not later than 2 years 

19 after the date of enactment of the Safe Roads Act 

20 of 2011, the Secretary of Transportation shall estab21 lish a national clearinghouse for records relating to 

22 alcohol and controlled substances testing of commer23 cial motor vehicle operators. 

24 ‘‘(2) PURPOSES.—The purposes of the clearing25 house shall be— 


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1 ‘‘(A) to improve compliance with the De2 partment of Transportation’s alcohol and con3 trolled substances testing program applicable to 

4 commercial motor vehicle operators; 

5 ‘‘(B) to facilitate access to information 

6 about an individual before employing the indi7 vidual as a commercial motor vehicle operator; 

8 ‘‘(C) to enhance the safety of our United 

9 States roadways by reducing accident fatalities 

10 involving commercial motor vehicles; and 

11 ‘‘(D) to reduce the number of impaired 

12 commercial motor vehicle operators. 

13 ‘‘(3) CONTENTS.—The clearinghouse shall func14 tion as a repository for records relating to the posi15 tive test results and test refusals of commercial 

16 motor vehicle operators and violations by such oper17 ators of prohibitions set forth in subpart B of part 

18 382 of title 49, Code of Federal Regulations (or any 

19 subsequent corresponding regulations). 

20 ‘‘(4) ELECTRONIC EXCHANGE OF RECORDS.— 

21 The Secretary shall ensure that records can be elec22 tronically submitted to, and requested from, the 

23 clearinghouse by authorized users. 

24 ‘‘(5) AUTHORIZED OPERATOR.—The Secretary 

25 may authorize a qualified and experienced private 


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1 entity to operate and maintain the clearinghouse and 

2 to collect fees on behalf of the Secretary under sub3 section (e). The entity shall establish, operate, main4 tain and expand the clearinghouse and permit access 

5 to driver information and records from the clearing6 house in accordance with this section. 

7 ‘‘(b) DESIGN OF CLEARINGHOUSE.— 

8 ‘‘(1) USE OF FEDERAL MOTOR CARRIER SAFETY

9 ADMINISTRATION RECOMMENDATIONS.—In estab10 lishing the clearinghouse, the Secretary shall con11 sider— 

12 ‘‘(A) the findings and recommendations 

13 contained in the Federal Motor Carrier Safety 

14 Administration’s March 2004 report to Con15 gress required under section 226 of the Motor 

16 Carrier Safety Improvement Act of 1999 (49 

17 U.S.C. 31306 note); and 

18 ‘‘(B) the findings and recommendations 

19 contained in the Government Accountability Of20 fice’s May 2008 report to Congress entitled 

21 ‘Motor Carrier Safety: Improvements to Drug 

22 Testing Programs Could Better Identify Illegal 

23 Drug Users and Keep Them off the Road.’. 


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1 ‘‘(2) DEVELOPMENT OF SECURE PROCESSES.— 

2 In establishing the clearinghouse, the Secretary shall 

3 develop a secure process for— 

4 ‘‘(A) administering and managing the 

5 clearinghouse in compliance with applicable 

6 Federal security standards; 

7 ‘‘(B) registering and authenticating au8 thorized users of the clearinghouse; 

9 ‘‘(C) registering and authenticating per10 sons required to report to the clearinghouse 

11 under subsection (g); 

12 ‘‘(D) preventing the unauthorized access of 

13 information from the clearinghouse; 

14 ‘‘(E) storing and transmitting data; 

15 ‘‘(F) persons required to report to the 

16 clearinghouse under subsection (g) to timely 

17 and accurately submit electronic data to the 

18 clearinghouse; 

19 ‘‘(G) generating timely and accurate re20 ports from the clearinghouse in response to re21 quests for information by authorized users; and 

22 ‘‘(H) updating an individual’s record upon 

23 completion of the return-to-duty process de24 scribed in title 49, Code of Federal Regulations. 


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1 ‘‘(3) EMPLOYER ALERT OF POSITIVE TEST RE2 SULT.—In establishing the clearinghouse, the Sec3 retary shall develop a secure method for electroni4 cally notifying an employer of each additional posi5 tive test result or other noncompliance— 

6 ‘‘(A) for an employee, that is entered into 

7 the clearinghouse during the 7-day period im8 mediately following an employer’s inquiry about 

9 the employee; and 

10 ‘‘(B) for an employee who is listed as hav11 ing multiple employers. 

12 ‘‘(4) ARCHIVE CAPABILITY.—In establishing the 

13 clearinghouse, the Secretary shall develop a process 

14 for archiving all clearinghouse records, including the 

15 depositing of personal records, records relating to 

16 each individual in the database, and access requests 

17 for personal records, for the purposes of— 

18 ‘‘(A) auditing and evaluating the timeli19 ness, accuracy, and completeness of data in the 

20 clearinghouse; and 

21 ‘‘(B) auditing to monitor compliance and 

22 enforce penalties for noncompliance. 

23 ‘‘(5) FUTURE NEEDS.— 


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1 ‘‘(A) INTEROPERABILITY WITH OTHER

2 DATA SYSTEMS.—In establishing the clearing3 house, the Secretary shall consider— 

4 ‘‘(i) the existing data systems con5 taining regulatory and safety data for com6 mercial motor vehicle operators; 

7 ‘‘(ii) the efficacy of using or com8 bining clearinghouse data with 1 or more 

9 of such systems; and 

10 ‘‘(iii) the potential interoperability of 

11 the clearinghouse with such systems. 

12 ‘‘(B) SPECIFIC CONSIDERATIONS.—In car13 rying out subparagraph (A), the Secretary shall 

14 determine— 

15 ‘‘(i) the clearinghouse’s capability for 

16 interoperability with— 

17 ‘‘(I) the National Driver Register 

18 established under section 30302; 

19 ‘‘(II) the Commercial Driver’s Li20 cense Information System established 

21 under section 31309; 

22 ‘‘(III) the Motor Carrier Manage23 ment Information System for pre24 employment screening services under 

25 section 31150; and 


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1 ‘‘(IV) other data systems, as ap2 propriate; and 

3 ‘‘(ii) any change to the administration 

4 of the current testing program, such as 

5 forms, that is necessary to collect data for 

6 the clearinghouse. 

7 ‘‘(c) STANDARD FORMATS.—The Secretary shall de8 velop standard formats to be used— 

9 ‘‘(1) by an authorized user of the clearinghouse 

10 to— 

11 ‘‘(A) request a record from the clearing12 house; and 

13 ‘‘(B) obtain the consent of an individual 

14 who is the subject of a request from the clear15 inghouse, if applicable; and 

16 ‘‘(2) to notify an individual that a positive alco17 hol or controlled substances test result, refusing to 

18 test, and a violation of any of the prohibitions under 

19 subpart B of part 382 of title 49, Code of Federal 

20 Regulations (or any subsequent corresponding regu21 lations), will be reported to the clearinghouse. 

22 ‘‘(d) PRIVACY.—A release of information from the 

23 clearinghouse shall— 


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1 ‘‘(1) comply with applicable Federal privacy 

2 laws, including the fair information practices under 

3 the Privacy Act of 1974 (5 U.S.C. 552a); 

4 ‘‘(2) comply with applicable sections of the Fair 

5 Credit Reporting Act (15 U.S.C. 1681 et seq.); and 

6 ‘‘(3) not be made to any person or entity unless 

7 expressly authorized or required by law. 

8 ‘‘(e) FEES.— 

9 ‘‘(1) AUTHORITY TO COLLECT FEES.—Except 

10 as provided under paragraph (3), the Secretary may 

11 collect a reasonable, customary, and nominal fee 

12 from an authorized user of the clearinghouse for a 

13 request for information from the clearinghouse. 

14 ‘‘(2) USE OF FEES.—Fees collected under this 

15 subsection shall be used for the operation and main16 tenance of the clearinghouse. 

17 ‘‘(3) LIMITATION.—The Secretary may not col18 lect a fee from an individual requesting information 

19 from the clearinghouse that pertains to the record of 

20 that individual. 

21 ‘‘(f) EMPLOYER REQUIREMENTS.— 

22 ‘‘(1) DETERMINATION CONCERNING USE OF

23 CLEARINGHOUSE.—The Secretary shall determine if 

24 an employer is authorized to use the clearinghouse 

25 to meet the alcohol and controlled substances testing 


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1 requirements under title 49, Code of Federal Regu2 lations. 

3 ‘‘(2) APPLICABILITY OF EXISTING REQUIRE4 MENTS.—Each employer and service agent shall 

5 comply with the alcohol and controlled substances 

6 testing requirements under title 49, Code of Federal 

7 Regulations. 

8 ‘‘(3) EMPLOYMENT PROHIBITIONS.—Beginning 

9 30 days after the date that the clearinghouse is es10 tablished under subsection (a), an employer shall not 

11 hire an individual to operate a commercial motor ve12 hicle unless the employer determines that the indi13 vidual, during the preceding 3-year period— 

14 ‘‘(A) if tested for the use of alcohol and 

15 controlled substances, as required under title 

16 49, Code of Federal Regulations— 

17 ‘‘(i) did not test positive for the use of 

18 alcohol or controlled substances in violation 

19 of the regulations; or 

20 ‘‘(ii) tested positive for the use of al21 cohol or controlled substances and com22 pleted the required return-to-duty process 

23 under title 49, Code of Federal Regula24 tions; 


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1 ‘‘(B)(i) did not refuse to take an alcohol or 

2 controlled substance test under title 49, Code of 

3 Federal Regulations; or 

4 ‘‘(ii) refused to take an alcohol or con5 trolled substance test and completed the 

6 required return-to-duty process under title 

7 49, Code of Federal Regulations; and 

8 ‘‘(C) did not violate any other provision of 

9 subpart B of part 382 of title 49, Code of Fed10 eral Regulations (or any subsequent cor11 responding regulations). 

12 ‘‘(4) ANNUAL REVIEW.—Beginning 30 days 

13 after the date that the clearinghouse is established 

14 under subsection (a), an employer shall request and 

15 review a commercial motor vehicle operator’s record 

16 from the clearinghouse annually for as long as the 

17 commercial motor vehicle operator is under the em18 ploy of the employer. 

19 ‘‘(g) REPORTING OF RECORDS.— 

20 ‘‘(1) IN GENERAL.—Beginning 30 days after 

21 the date that the clearinghouse is established under 

22 subsection (a), a medical review officer, employer, 

23 service agent, and other appropriate person, as de24 termined by the Secretary, shall promptly submit to 


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1 the Secretary, if in possession of, the record of an 

2 individual who— 

3 ‘‘(A) refuses to take an alcohol or con4 trolled substances test required under title 49, 

5 Code of Federal Regulations; 

6 ‘‘(B) tests positive for alcohol or a con7 trolled substance in violation of the regulations; 

8 or 

9 ‘‘(C) violates any other provision of sub10 part B of part 382 of title 49, Code of Federal 

11 Regulations (or any subsequent corresponding 

12 regulations). 

13 ‘‘(2) INCLUSION OF RECORDS IN CLEARING14 HOUSE.—The Secretary shall include in the clearing15 house the records of positive test results and test re16 fusals received under paragraph (1). 

17 ‘‘(3) MODIFICATIONS AND DELETIONS.—If the 

18 Secretary determines that a record contained in the 

19 clearinghouse is not accurate, the Secretary shall 

20 modify or delete the record, as appropriate. 

21 ‘‘(4) NOTIFICATION.—The Secretary shall expe22 ditiously notify an individual, unless such notifica23 tion would be duplicative, when— 

24 ‘‘(A) a record relating to the individual is 

25 received by the clearinghouse; 


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1 ‘‘(B) a record in the clearinghouse relating 

2 to the individual is modified or deleted, and in3 clude in the notification the reason for the 

4 modification or deletion; or 

5 ‘‘(C) a record in the clearinghouse relating 

6 to the individual is released to an employer and 

7 specify the reason for the release. 

8 ‘‘(5) DATA QUALITY AND SECURITY STANDARDS

9 FOR REPORTING AND RELEASING.—The Secretary 

10 may establish additional requirements, as appro11 priate, to ensure that— 

12 ‘‘(A) the submission of records to the 

13 clearinghouse is timely and accurate; 

14 ‘‘(B) the release of data from the clearing15 house is timely, accurate, and released to the 

16 appropriate authorized user under this section; 

17 and 

18 ‘‘(C) an individual with a record in the 

19 clearinghouse has a cause of action for any in20 appropriate use of information included in the 

21 clearinghouse. 

22 ‘‘(6) RETENTION OF RECORDS.—The Secretary 

23 shall— 


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1 ‘‘(A) retain a record submitted to the 

2 clearinghouse for a 5-year period beginning on 

3 the date the record is submitted; 

4 ‘‘(B) remove the record from the clearing5 house at the end of the 5-year period, unless 

6 the individual fails to meet a return-to-duty or 

7 follow-up requirement under title 49, Code of 

8 Federal Regulations; and 

9 ‘‘(C) retain a record after the end of the 

10 5-year period in a separate location for 

11 archiving and auditing purposes. 

12 ‘‘(h) AUTHORIZED USERS.— 

13 ‘‘(1) EMPLOYERS.—The Secretary shall estab14 lish a process for an employer to request and receive 

15 an individual’s record from the clearinghouse. 

16 ‘‘(A) CONSENT.—An employer may not ac17 cess an individual’s record from the clearing18 house unless the employer— 

19 ‘‘(i) obtains the prior written or elec20 tronic consent of the individual for access 

21 to the record; and 

22 ‘‘(ii) submits proof of the individual’s 

23 consent to the Secretary. 

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1 ual’s record under subparagraph (A), the Sec2 retary shall grant access to the individual’s 

3 record to the employer as expeditiously as prac4 ticable. 

5 ‘‘(C) RETENTION OF RECORD RE6 QUESTS.—The Secretary shall require an em7 ployer to retain for a 3-year period— 

8 ‘‘(i) a record of each request made by 

9 the employer for records from the clearing10 house; and 

11 ‘‘(ii) the information received pursu12 ant to the request. 

13 ‘‘(D) USE OF RECORDS.—An employer 

14 may use an individual’s record received from 

15 the clearinghouse only to assess and evaluate 

16 the qualifications of the individual to operate a 

17 commercial motor vehicle for the employer. 

18 ‘‘(E) PROTECTION OF PRIVACY OF INDI19 VIDUALS.—An employer that receives an indi20 vidual’s record from the clearinghouse under 

21 subparagraph (B) shall— 

22 ‘‘(i) protect the privacy of the indi23 vidual and the confidentiality of the record; 

24 and 


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1 ‘‘(ii) ensure that information con2 tained in the record is not divulged to a 

3 person or entity that is not directly in4 volved in assessing and evaluating the 

5 qualifications of the individual to operate a 

6 commercial motor vehicle for the employer. 

7 ‘‘(2) STATE LICENSING AUTHORITIES.—The 

8 Secretary shall establish a process for the chief com9 mercial driver’s licensing official of a State to re10 quest and receive an individual’s record from the 

11 clearinghouse if the individual is applying for a com12 mercial driver’s license from the State. 

13 ‘‘(A) CONSENT.—The Secretary may grant 

14 access to an individual’s record in the clearing15 house under this paragraph without the prior 

16 written or electronic consent of the individual. 

17 An individual who holds a commercial driver’s 

18 license shall be deemed to consent to such ac19 cess by obtaining a commercial driver’s license. 

20 ‘‘(B) PROTECTION OF PRIVACY OF INDI21 VIDUALS.—A chief commercial driver’s licensing 

22 official of a State that receives an individual’s 

23 record from the clearinghouse under this para24 graph shall— 


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1 ‘‘(i) protect the privacy of the indi2 vidual and the confidentiality of the record; 

3 and 

4 ‘‘(ii) ensure that the information in 

5 the record is not divulged to any person 

6 that is not directly involved in assessing 

7 and evaluating the qualifications of the in8 dividual to operate a commercial motor ve9 hicle. 

10 ‘‘(3) NATIONAL TRANSPORTATION SAFETY

11 BOARD.—The Secretary shall establish a process for 

12 the National Transportation Safety Board to request 

13 and receive an individual’s record from the clearing14 house if the individual is involved in an accident that 

15 is under investigation by the National Transpor16 tation Safety Board. 

17 ‘‘(A) CONSENT.—The Secretary may grant 

18 access to an individual’s record in the clearing19 house under this paragraph without the prior 

20 written or electronic consent of the individual. 

21 An individual who holds a commercial driver’s 

22 license shall be deemed to consent to such ac23 cess by obtaining a commercial driver’s license. 

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1 portation Safety Board that receives an individ2 ual’s record from the clearinghouse under this 

3 paragraph shall— 

4 ‘‘(i) protect the privacy of the indi5 vidual and the confidentiality of the record; 

6 and 

7 ‘‘(ii) unless the official determines 

8 that the information in the individual’s 

9 record should be reported under section 

10 1131(e), ensure that the information in the 

11 record is not divulged to any person that 

12 is not directly involved with investigating 

13 the accident. 

14 ‘‘(4) ADDITIONAL AUTHORIZED USERS.—The 

15 Secretary shall consider whether to grant access to 

16 the clearinghouse to additional users. The Secretary 

17 may authorize access to an individual’s record from 

18 the clearinghouse to an additional user if the Sec19 retary determines that granting access will further 

20 the purposes under subsection (a)(2). In determining 

21 whether the access will further the purposes under 

22 subsection (a)(2), the Secretary shall consider, 

23 among other things— 

24 ‘‘(A) what use the additional user will 

25 make of the individual’s record; 


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1 ‘‘(B) the costs and benefits of the use; and 

2 ‘‘(C) how to protect the privacy of the indi3 vidual and the confidentiality of the record. 

4 ‘‘(i) ACCESS TO CLEARINGHOUSE BY INDIVIDUALS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall estab6 lish a process for an individual to request and re7 ceive information from the clearinghouse— 

8 ‘‘(A) to determine whether the clearing9 house contains a record pertaining to the indi10 vidual; 

11 ‘‘(B) to verify the accuracy of a record; 

12 ‘‘(C) to update an individual’s record, in13 cluding completing the return-to-duty process 

14 described in title 49, Code of Federal Regula15 tions; and 

16 ‘‘(D) to determine whether the clearing17 house received requests for the individual’s in18 formation. 

19 ‘‘(2) DISPUTE PROCEDURE.—The Secretary 

20 shall establish a procedure, including an appeal 

21 process, for an individual to dispute and remedy an 

22 administrative error in the individual’s record. 

23 ‘‘(j) PENALTIES.— 

24 ‘‘(1) IN GENERAL.—An employer, employee, 

25 medical review officer, or service agent who violates 


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1 any provision of this section shall be subject to civil 

2 penalties under section 521(b)(2)(C) and criminal 

3 penalties under section 521(b)(6)(B), and any other 

4 applicable civil and criminal penalties, as determined 

5 by the Secretary. 

6 ‘‘(2) VIOLATION OF PRIVACY.—The Secretary 

7 shall establish civil and criminal penalties, consistent 

8 with paragraph (1), for an authorized user who vio9 lates paragraph (2)(B) or (3)(B) of subsection (h). 

10 ‘‘(k) COMPATIBILITY OF STATE AND LOCAL LAWS.— 

11 ‘‘(1) PREEMPTION.—Except as provided under 

12 paragraph (2), any law, regulation, order, or other 

13 requirement of a State, political subdivision of a 

14 State, or Indian tribe related to a commercial driv15 er’s license holder subject to alcohol or controlled 

16 substance testing under title 49, Code of Federal 

17 Regulations, that is inconsistent with this section or 

18 a regulation issued pursuant to this section is pre19 empted. 

20 ‘‘(2) APPLICABILITY.—The preemption under 

21 paragraph (1) shall include— 

22 ‘‘(A) the reporting of valid positive results 

23 from alcohol screening tests and drug tests; 

24 ‘‘(B) the refusal to provide a specimen for 

25 an alcohol screening test or drug test; and 


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1 ‘‘(C) other violations of subpart B of part 

2 382 of title 49, Code of Federal Regulations (or 

3 any subsequent corresponding regulations). 

4 ‘‘(3) EXCEPTION.—A law, regulation, order, or 

5 other requirement of a State, political subdivision of 

6 a State, or Indian tribe shall not be preempted 

7 under this subsection to the extent it relates to an 

8 action taken with respect to a commercial motor ve9 hicle operator’s commercial driver’s license or driv10 ing record as a result of the driver’s— 

11 ‘‘(A) verified positive alcohol or drug test 

12 result; 

13 ‘‘(B) refusal to provide a specimen for the 

14 test; or 

15 ‘‘(C) other violations of subpart B of part 

16 382 of title 49, Code of Federal Regulations (or 

17 any subsequent corresponding regulations). 

18 ‘‘(l) DEFINITIONS.—In this section— 

19 ‘‘(1) AUTHORIZED USER.—The term ‘author20 ized user’ means an employer, State licensing au21 thority, National Transportation Safety Board, or 

22 other person granted access to the clearinghouse 

23 under subsection (h). 

24 ‘‘(2) CHIEF COMMERCIAL DRIVER’S LICENSING

25 OFFICIAL.—The term ‘chief commercial driver’s liVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6401 E:\BILLS\S1950.RS S1950

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1 censing official’ means the official in a State who is 

2 authorized to— 

3 ‘‘(A) maintain a record about commercial 

4 driver’s licenses issued by the State; and 

5 ‘‘(B) take action on commercial driver’s li6 censes issued by the State. 

7 ‘‘(3) CLEARINGHOUSE.—The term ‘clearing8 house’ means the clearinghouse established under 

9 subsection (a). 

10 ‘‘(4) COMMERCIAL MOTOR VEHICLE OPER11 ATOR.—The term ‘commercial motor vehicle oper12 ator’ means an individual who— 

13 ‘‘(A) possesses a valid commercial driver’s 

14 license issued in accordance with section 31308; 

15 and 

16 ‘‘(B) is subject to controlled substances 

17 and alcohol testing under title 49, Code of Fed18 eral Regulations. 

19 ‘‘(5) EMPLOYER.—The term ‘employer’ means 

20 a person or entity employing, or seeking to employ, 

21 1 or more employees (including an individual who is 

22 self-employed) to be commercial motor vehicle opera23 tors. 


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1 ‘‘(6) MEDICAL REVIEW OFFICER.—The term 

2 ‘medical review officer’ means a licensed physician 

3 who is responsible for— 

4 ‘‘(A) receiving and reviewing a laboratory 

5 result generated under the testing program; 

6 ‘‘(B) evaluating a medical explanation for 

7 a controlled substances test under title 49, 

8 Code of Federal Regulations; and 

9 ‘‘(C) interpreting the results of a con10 trolled substances test. 

11 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

12 the Secretary of Transportation. 

13 ‘‘(8) SERVICE AGENT.—The term ‘service 

14 agent’ means a person or entity, other than an em15 ployee of the employer, who provides services to em16 ployers or employees under the testing program. 

17 ‘‘(9) TESTING PROGRAM.—The term ‘testing 

18 program’ means the alcohol and controlled sub19 stances testing program required under title 49, 

20 Code of Federal Regulations.’’. 

21 (b) CONFORMING AMENDMENT.—The analysis for 

22 chapter 313 is amended by inserting after the item relat23 ing to section 31306 the following: 

‘‘31306a. National clearinghouse for positive controlled substance and alcohol 

test results of commercial motor vehicle operators.’’. 


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1 SEC. 403. DRUG AND ALCOHOL VIOLATION SANCTIONS. 

2 Chapter 313 is amended— 

3 (1) by redesignating section 31306(f) as 

4 31306(f)(1); and 

5 (2) by inserting after section 31306(f)(1) the 

6 following: 

7 ‘‘(2) ADDITIONAL SANCTIONS.—The Secretary 

8 may require a State to revoke, suspend, or cancel 

9 the commercial driver’s license of a commercial 

10 motor vehicle operator who is found, based on a test 

11 conducted and confirmed under this section, to have 

12 used alcohol or a controlled substance in violation of 

13 law until the commercial motor vehicle operator 

14 completes the rehabilitation process under subsection 

15 (e).’’; and 

16 (3) by amending section 31310(d) to read as 

17 follows: 

18 ‘‘(d) CONTROLLED SUBSTANCE VIOLATIONS.—The 

19 Secretary may permanently disqualify an individual from 

20 operating a commercial vehicle if the individual— 

21 ‘‘(1) uses a commercial motor vehicle in the 

22 commission of a felony involving manufacturing, dis23 tributing, or dispensing a controlled substance, or 

24 possession with intent to manufacture, distribute, or 

25 dispense a controlled substance; or 


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1 ‘‘(2) uses alcohol or a controlled substance, in 

2 violation of section 31306, 3 or more times.’’. 

3 SEC. 404. AUTHORIZATION OF APPROPRIATIONS. 

4 From the funds authorized to be appropriated under 

5 section 31104(h) of title 49, United States Code, up to 

6 $5,000,000 is authorized to be appropriated from the 

7 Highway Trust Fund (other than the Mass Transit Ac8 count) for the Secretary of Transportation to develop, de9 sign, and implement the national clearinghouse required 

10 by section 402 of this Act. 

11 TITLE V—ENFORCEMENT 

12 SEC. 501. INSPECTION DEMAND AND DISPLAY OF CREDEN13 TIALS. 

14 (a) SAFETY INVESTIGATIONS.—Section 504(c) is 

15 amended— 

16 (1) by inserting ‘‘, or an employee of the recipi17 ent of a grant issued under section 31102 of this 

18 title’’ after ‘‘a contractor’’; and 

19 (2) by inserting ‘‘, in person or in writing’’ 

20 after ‘‘proper credentials’’. 

21 (b) CIVIL PENALTY.—Section 521(b)(2)(E) is 

22 amended— 

23 (1) by redesignating subparagraph (E) as sub24 paragraph (E)(i); and 

25 (2) by adding at the end the following: 


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1 ‘‘(ii) PLACE OUT OF SERVICE.—The 

2 Secretary may by regulation adopt proce3 dures for placing out of service the com4 mercial motor vehicle of a foreign-domi5 ciled motor carrier that fails to promptly 

6 allow the Secretary to inspect and copy a 

7 record or inspect equipment, land, build8 ings, or other property.’’. 

9 (c) HAZARDOUS MATERIALS INVESTIGATIONS.—Sec10 tion 5121(c)(2) is amended by inserting ‘‘, in person or 

11 in writing,’’ after ‘‘proper credentials’’. 

12 (d) COMMERCIAL INVESTIGATIONS.—Section 

13 14122(b) is amended by inserting ‘‘, in person or in writ14 ing’’ after ‘‘proper credentials’’. 

15 SEC. 502. OUT OF SERVICE PENALTY FOR DENIAL OF AC16 CESS TO RECORDS. 

17 Section 521(b)(2)(E) is amended— 

18 (1) by inserting after ‘‘$10,000.’’ the following: 

19 ‘‘In the case of a motor carrier, the Secretary may 

20 also place the violator’s motor carrier operations out 

21 of service.’’; and 

22 (2) by striking ‘‘such penalty’’ after ‘‘It shall be 

23 a defense to’’ and inserting ‘‘a penalty’’. 


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1 SEC. 503. PENALTIES FOR VIOLATION OF OPERATION OUT 

2 OF SERVICE ORDERS. 

3 Section 521(b)(2) is amended by adding at the end 

4 the following: 

5 ‘‘(F) PENALTY FOR VIOLATIONS RELATING

6 TO OUT OF SERVICE ORDERS.—A motor carrier 

7 or employer (as defined in section 31132) that 

8 operates a commercial motor vehicle in com9 merce in violation of a prohibition on transpor10 tation under section 31144(c) of this title or an 

11 imminent hazard out of service order issued 

12 under subsection (b)(5) of this section or sec13 tion 5121(d) of this title shall be liable for a 

14 civil penalty not to exceed $25,000.’’. 

15 SEC. 504. MINIMUM PROHIBITION ON OPERATION FOR 

16 UNFIT CARRIERS. 

17 (a) IN GENERAL.—Section 31144(c)(1) is amended 

18 by inserting ‘‘, and such period shall be for not less than 

19 10 days’’ after ‘‘operator is fit’’. 

20 (b) OWNERS OR OPERATORS TRANSPORTING PAS21 SENGERS.—Section 31144(c)(2) is amended by inserting 

22 ‘‘, and such period shall be for not less than 10 days’’ 

23 after ‘‘operator is fit’’. 

24 (c) OWNERS OR OPERATORS TRANSPORTING HAZ25 ARDOUS MATERIAL.—Section 31144(c)(3) is amended by 


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1 inserting at the end of the first sentence the following: 

2 ‘‘, and such period shall be for not less than 10 days’’. 

3 SEC. 505. MINIMUM OUT OF SERVICE PENALTIES. 

4 Section 521(b)(7) is amended by adding at the end 

5 the following: 

6 ‘‘The penalties may include a minimum duration for 

7 any out of service period, not to exceed 90 days.’’. 

8 SEC. 506. IMPOUNDMENT AND IMMOBILIZATION OF COM9 MERCIAL MOTOR VEHICLES FOR IMMINENT 

10 HAZARD. 

11 Section 521(b) is amended by adding at the end the 

12 following: 

13 ‘‘(15) IMPOUNDMENT OF COMMERCIAL MOTOR

14 VEHICLES.— 

15 ‘‘(A) ENFORCEMENT OF IMMINENT HAZ16 ARD OUT-OF-SERVICE ORDERS.— 

17 ‘‘(i) The Secretary, or an authorized 

18 State official carrying out motor carrier 

19 safety enforcement activities under section 

20 31102, may enforce an imminent hazard 

21 out-of-service order issued under chapters 

22 5, 51, 131 through 149, 311, 313, or 315 

23 of this title, or a regulation promulgated 

24 thereunder, by towing and impounding a 


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1 commercial motor vehicle until the order is 

2 rescinded. 

3 ‘‘(ii) Enforcement shall not unreason4 ably interfere with the ability of a shipper, 

5 carrier, broker, or other party to arrange 

6 for the alternative transportation of any 

7 cargo or passenger being transported at 

8 the time the commercial motor vehicle is 

9 immobilized. In the case of a commercial 

10 motor vehicle transporting passengers, the 

11 Secretary or authorized State official shall 

12 provide reasonable, temporary, and secure 

13 shelter and accommodations for passengers 

14 in transit. 

15 ‘‘(iii) The Secretary’s designee or an 

16 authorized State official carrying out 

17 motor carrier safety enforcement activities 

18 under section 31102, shall immediately no19 tify the owner of a commercial motor vehi20 cle of the impoundment and the oppor21 tunity for review of the impoundment. A 

22 review shall be provided in accordance with 

23 section 554 of title 5, except that the re24 view shall occur not later than 10 days 

25 after the impoundment. 


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1 ‘‘(B) ISSUANCE OF REGULATIONS.—The 

2 Secretary shall promulgate regulations on the 

3 use of impoundment or immobilization of com4 mercial motor vehicles as a means of enforcing 

5 additional out-of-service orders issued under 

6 chapters 5, 51, 131 through 149, 311, 313, or 

7 315 of this title, or a regulation promulgated 

8 thereunder. Regulations promulgated under this 

9 subparagraph shall include consideration of 

10 public safety, the protection of passengers and 

11 cargo, inconvenience to passengers, and the se12 curity of the commercial motor vehicle. 

13 ‘‘(C) DEFINITION.—In this paragraph, the 

14 term ‘impoundment’ or ’impounding’ means the 

15 seizing and taking into custody of a commercial 

16 motor vehicle or the immobilizing of a commer17 cial motor vehicle through the attachment of a 

18 locking device or other mechanical or electronic 

19 means.’’. 

20 SEC. 507. INCREASED PENALTIES FOR EVASION OF REGU21 LATIONS. 

22 (a) PENALTIES.—Section 524 is amended— 

23 (1) by striking ‘‘knowingly and willfully’’; 

24 (2) by inserting after ‘‘this chapter’’ the fol25 lowing: ‘‘, chapter 51, subchapter III of chapter 311 


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1 (except sections 31138 and 31139) or section 

2 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 

3 31502 of this title, or a regulation issued under any 

4 of those provisions,’’; 

5 (3) by striking ‘‘$200 but not more than $500’’ 

6 and inserting ‘‘$2,000 but not more than $5,000’’; 

7 and 

8 (4) by striking ‘‘$250 but not more than 

9 $2,000’’ and inserting ‘‘$2,500 but not more than 

10 $7,500’’. 

11 (b) EVASION OF REGULATION.—Section 14906 is 

12 amended— 

13 (1) by striking ‘‘$200’’ and inserting ‘‘at least 

14 $2,000’’; 

15 (2) by striking ‘‘$250’’ and inserting ‘‘$5,000’’; 

16 and 

17 (3) by inserting after ‘‘a subsequent violation’’ 

18 the following: 

19 ‘‘, and may be subject to criminal penalties’’. 

20 SEC. 508. FAILURE TO PAY CIVIL PENALTY AS A DISQUALI21 FYING OFFENSE. 

22 (a) IN GENERAL.—Chapter 311 is amended by in23 serting after section 31151 the following: 


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1 ‘‘§ 31152. Disqualification for failure to pay 

2 ‘‘An individual assessed a civil penalty under this 

3 chapter, or chapters 5, 51, or 149 of this title, or a regula4 tion issued under any of those provisions, who fails to pay 

5 the penalty or fails to comply with the terms of a settle6 ment with the Secretary, shall be disqualified from oper7 ating a commercial motor vehicle. A disqualification shall 

8 continue until the penalty is paid, or the individual com9 plies with the terms of the settlement, unless the non10 payment is because the individual is a debtor in a case 

11 under chapter 11 of title 11, United States Code.’’. 

12 (b) TECHNICAL AMENDMENTS.—Section 31310, as 

13 amended by sections 206 and 310 of this Act, is amend14 ed— 

15 (1) by redesignating subsections (h) through (k) 

16 as subsections (i) through (l), respectively; and 

17 (2) by inserting after subsection (g) the fol18 lowing: 

19 ‘‘(h) DISQUALIFICATION FOR FAILURE TO PAY.— 

20 The Secretary shall disqualify from operating a commer21 cial motor vehicle any individual who fails to pay a civil 

22 penalty within the prescribed period, or fails to conform 

23 to the terms of a settlement with the Secretary. A disquali24 fication shall continue until the penalty is paid, or the in25 dividual conforms to the terms of the settlement, unless 

26 the nonpayment is because the individual is a debtor in 


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1 a case under chapter 11 of title 11, United States Code.’’; 

2 and 

3 (3) in subsection (i), as redesignated, by strik4 ing ‘‘Notwithstanding subsections (b) through (g)’’ 

5 and inserting ‘‘Notwithstanding subsections (b) 

6 through (h)’’. 

7 (c) CONFORMING AMENDMENT.—The analysis of 

8 chapter 311 is amended by inserting after the item relat9 ing to section 31151 the following: 

‘‘31152. Disqualification for failure to pay.’’. 

10 SEC. 509. VIOLATIONS RELATING TO COMMERCIAL MOTOR 

11 VEHICLE SAFETY REGULATION AND OPERA12 TORS. 

13 Section 521(b)(2)(D) is amended by striking ‘‘ability 

14 to pay,’’. 

15 SEC. 510. EMERGENCY DISQUALIFICATION FOR IMMINENT 

16 HAZARD. 

17 Section 31310(f) is amended— 

18 (1) in paragraph (1) by inserting ‘‘section 521 

19 or’’ before ‘‘section 5102’’; and 

20 (2) in paragraph (2) by inserting ‘‘section 521 

21 or’’ before ‘‘section 5102’’. 


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1 SEC. 511. INTRASTATE OPERATIONS OF INTERSTATE 

2 MOTOR CARRIERS. 

3 (a) PROHIBITED TRANSPORTATION.—Section 

4 521(b)(5) is amended by inserting after subparagraph (B) 

5 the following: 

6 ‘‘(C) If an employee, vehicle, or all or part 

7 of an employer’s commercial motor vehicle oper8 ations is ordered out of service under paragraph 

9 (5)(A), the commercial motor vehicle operations 

10 of the employee, vehicle, or employer that affect 

11 interstate commerce are also prohibited.’’. 

12 (b) PROHIBITION ON OPERATION IN INTERSTATE

13 COMMERCE AFTER NONPAYMENT OF PENALTIES.—Sec14 tion 521(b)(8) is amended— 

15 (1) by redesignating subparagraph (B) as sub16 paragraph (C); and 

17 (2) by inserting after subparagraph (A) the fol18 lowing: 

19 ‘‘(B) ADDITIONAL PROHIBITION.—A per20 son prohibited from operating in interstate com21 merce under paragraph (8)(A) may not operate 

22 any commercial motor vehicle where the oper23 ation affects interstate commerce.’’. 


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1 SEC. 512. ENFORCEMENT OF SAFETY LAWS AND REGULA2 TIONS. 

3 (a) ENFORCEMENT OF SAFETY LAWS AND REGULA4 TIONS.—Chapter 311, as amended by sections 113 and 

5 508 of this Act, is amended by adding after section 31153 

6 the following: 

7 ‘‘§ 31154. Enforcement of safety laws and regulations 

8 ‘‘(a) IN GENERAL.—The Secretary may bring a civil 

9 action to enforce this part, or a regulation or order of the 

10 Secretary under this part, when violated by an employer, 

11 employee, or other person providing transportation or 

12 service under this subchapter or subchapter I. 

13 ‘‘(b) VENUE.—In a civil action under subsection 

14 (a)— 

15 ‘‘(1) trial shall be in the judicial district in 

16 which the employer, employee, or other person oper17 ates; 

18 ‘‘(2) process may be served without regard to 

19 the territorial limits of the district or of the State 

20 in which the action is instituted; and 

21 ‘‘(3) a person participating with a carrier or 

22 broker in a violation may be joined in the civil action 

23 without regard to the residence of the person.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis of 

2 chapter 311 is amended by inserting after the item relat3 ing to section 31153 the following: 

‘‘31154. Enforcement of safety laws and regulations.’’. 

4 SEC. 513. DISCLOSURE TO STATE AND LOCAL LAW EN5 FORCEMENT AGENCIES. 

6 Section 31106(e) is amended— 

7 (1) by redesignating subsection (e) as sub8 section (e)(1); and 

9 (2) by inserting at the end the following: 

10 ‘‘(2) IN GENERAL.—Notwithstanding any prohi11 bition on disclosure of information in section 

12 31105(h) or 31143(b) of this title or section 552a 

13 of title 5, the Secretary may disclose information 

14 maintained by the Secretary pursuant to chapters 

15 51, 135, 311, or 313 of this title to appropriate per16 sonnel of a State agency or instrumentality author17 ized to carry out State commercial motor vehicle 

18 safety activities and commercial driver’s license laws, 

19 or appropriate personnel of a local law enforcement 

20 agency, in accordance with standards, conditions, 

21 and procedures as determined by the Secretary. Dis22 closure under this section shall not operate as a 

23 waiver by the Secretary of any applicable privilege 

24 against disclosure under common law or as a basis 


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1 for compelling disclosure under section 552 of title 

2 5.’’. 

3 TITLE VI—COMPLIANCE, 

4 SAFETY, ACCOUNTABILITY 

5 SEC. 601. COMPLIANCE, SAFETY, ACCOUNTABILITY. 

6 (a) Section 31102 is amended— 

7 (1) by amending the section heading to read: 

8 ‘‘§ 31102. Compliance, safety, and accountability 

9 grants’’; 

10 (2) by amending subsection (a) to read as fol11 lows: 

12 ‘‘(a) GENERAL AUTHORITY.—Subject to this section, 

13 the Secretary of Transportation shall make and admin14 ister a compliance, safety, and accountability grant pro15 gram to assist States, local governments, and other enti16 ties and persons with motor carrier safety and enforce17 ment on highways and other public roads, new entrant 

18 safety audits, border enforcement, hazardous materials 

19 safety and security, consumer protection and household 

20 goods enforcement, and other programs and activities re21 quired to improve the safety of motor carriers as deter22 mined by the Secretary. The Secretary shall allocate fund23 ing in accordance with section 31104 of this title.’’; 

24 (3) in subsection (b)— 


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1 (A) by amending the heading to read as 

2 follows: 

3 ‘‘(b) MOTOR CARRIER SAFETY ASSISTANCE PRO4 GRAM.—’’; 

5 (B) by redesignating paragraphs (1) 

6 through (3) as (2) through (4), respectively; 

7 (C) by inserting before paragraph (2), as 

8 redesignated, the following: 

9 ‘‘(1) PROGRAM GOAL.—The goal of the Motor 

10 Carrier Safety Assistance Program is to ensure that 

11 the Secretary, States, local government agencies, 

12 and other political jurisdictions work in partnership 

13 to establish programs to improve motor carrier, com14 mercial motor vehicle, and driver safety to support 

15 a safe and efficient surface transportation system 

16 by— 

17 ‘‘(A) making targeted investments to pro18 mote safe commercial motor vehicle transpor19 tation, including transportation of passengers 

20 and hazardous materials; 

21 ‘‘(B) investing in activities likely to gen22 erate maximum reductions in the number and 

23 severity of commercial motor vehicle crashes 

24 and fatalities resulting from such crashes; 


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1 ‘‘(C) adopting and enforcing effective 

2 motor carrier, commercial motor vehicle, and 

3 driver safety regulations and practices con4 sistent with Federal requirements; and 

5 ‘‘(D) assessing and improving statewide 

6 performance by setting program goals and 

7 meeting performance standards, measures, and 

8 benchmarks.’’; 

9 (D) in paragraph (2), as redesignated— 

10 (i) by striking ‘‘make a declaration 

11 of’’ in subparagraph (I) and inserting 

12 ‘‘demonstrate’’; 

13 (ii) by amending subparagraph (M) to 

14 read as follows: 

15 ‘‘(M) ensures participation in appropriate 

16 Federal Motor Carrier Safety Administration 

17 systems and other information systems by all 

18 appropriate jurisdictions receiving Motor Car19 rier Safety Assistance Program funding;’’; 

20 (iii) in subparagraph (Q), by inserting 

21 ‘‘and dedicated sufficient resources to’’ be22 tween ‘‘established’’ and ‘‘a program’’; 

23 (iv) in subparagraph (W), by striking 

24 ‘‘and’’ after the semicolon; 


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1 (v) by amending subparagraph (X) to 

2 read as follows: 

3 ‘‘(X) except in the case of an imminent or 

4 obvious safety hazard, ensures that an inspec5 tion of a vehicle transporting passengers for a 

6 motor carrier of passengers is conducted at a 

7 station, terminal, border crossing, maintenance 

8 facility, destination, weigh station, rest stop, 

9 turnpike service area, or a location where ade10 quate food, shelter, and sanitation facilities are 

11 available for passengers, and reasonable accom12 modation is available for passengers with dis13 abilities; and’’; and 

14 (vi) by adding after subparagraph (X) 

15 the following: 

16 ‘‘(Y) ensures that the State will transmit 

17 to its roadside inspectors the notice of each fed18 eral exemption granted pursuant to section 

19 31315(b) and provided to the State by the Sec20 retary, including the name of the person grant21 ed the exemption and any terms and conditions 

22 that apply to the exemption.’’; and 

23 (E) by amending paragraph (4), as redes24 ignated, to read as follows: 

25 ‘‘(4) MAINTENANCE OF EFFORT.— 


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1 ‘‘(A) IN GENERAL.—A plan submitted by a 

2 State under paragraph (2) shall provide that 

3 the total expenditure of amounts of the lead 

4 State agency responsible for implementing the 

5 plan will be maintained at a level at least equal 

6 to the average level of that expenditure for fis7 cal years 2004 and 2005. 

8 ‘‘(B) AVERAGE LEVEL OF STATE EXPENDI9 TURES.—In estimating the average level of 

10 State expenditure under subparagraph (A), the 

11 Secretary— 

12 ‘‘(i) may allow the State to exclude 

13 State expenditures for Government-spon14 sored demonstration or pilot programs; 

15 and 

16 ‘‘(ii) shall require the State to exclude 

17 State matching amounts used to receive 

18 Government financing under this sub19 section. 

20 ‘‘(C) WAIVER.—Upon the request of a 

21 State, the Secretary may waive or modify the 

22 requirements of this paragraph for 1 fiscal 

23 year, if the Secretary determines that a waiver 

24 is equitable due to exceptional or uncontrollable 

25 circumstances, such as a natural disaster or a 


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1 serious decline in the financial resources of the 

2 State motor carrier safety assistance program 

3 agency.’’; 

4 (4) by redesignating subsection (e) as sub5 section (h); and 

6 (5) by inserting after subsection (d) the fol7 lowing: 

8 ‘‘(e) NEW ENTRANT SAFETY ASSURANCE PRO9 GRAM.— 

10 ‘‘(1) PROGRAM GOAL.—The Secretary may 

11 make grants to States and local governments for 

12 pre-authorization safety audits and new entrant 

13 motor carrier audits as described in section 

14 31144(g). 

15 ‘‘(2) RECIPIENTS.—Grants made in support of 

16 this program may be provided to States and local 

17 governments. 

18 ‘‘(3) FEDERAL SHARE.—The Federal share of a 

19 grant made under this program is 100 percent. 

20 ‘‘(4) ELIGIBLE ACTIVITIES.—Eligible activities 

21 will be in accordance with criteria developed by the 

22 Secretary and posted in the Federal Register in ad23 vance of the grant application period. 

24 ‘‘(5) DETERMINATION.—If the Secretary deter25 mines that a State or local government is unable to 


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1 conduct a new entrant motor carrier audit, the Sec2 retary may use the funds to conduct the audit. 

3 ‘‘(f) BORDER ENFORCEMENT.— 

4 ‘‘(1) PROGRAM GOAL.—The Secretary of Trans5 portation may make a grant for carrying out border 

6 commercial motor vehicle safety programs and re7 lated enforcement activities and projects. 

8 ‘‘(2) RECIPIENTS.—The Secretary of Transpor9 tation may make a grant to an entity, State, or 

10 other person for carrying out border commercial 

11 motor vehicle safety programs and related enforce12 ment activities and projects. 

13 ‘‘(3) FEDERAL SHARE.—The Secretary shall re14 imburse a grantee at least 80 percent of the costs 

15 incurred in a fiscal year for carrying out border 

16 commercial motor vehicle safety programs and re17 lated enforcement activities and projects. 

18 ‘‘(4) ELIGIBLE ACTIVITIES.—An eligible activity 

19 will be in accordance with criteria developed by the 

20 Secretary and posted in the Federal Register in ad21 vance of the grant application period. 

22 ‘‘(g) HIGH PRIORITY INITIATIVES.— 

23 ‘‘(1) PROGRAM GOAL.—The Secretary may 

24 make grants to carry out high priority activities and 

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1 ty and compliance with commercial motor vehicle 

2 safety regulations, including activities and projects 

3 that— 

4 ‘‘(A) are national in scope; 

5 ‘‘(B) increase public awareness and edu6 cation; 

7 ‘‘(C) target unsafe driving of commercial 

8 motor vehicles and non-commercial motor vehi9 cles in areas identified as high risk crash cor10 ridors; 

11 ‘‘(D) improve consumer protection and en12 forcement of household goods regulations; 

13 ‘‘(E) improve the movement of hazardous 

14 materials safely and securely, including activi15 ties related to the establishment of uniform 

16 forms and application procedures that improve 

17 the accuracy, timeliness, and completeness of 

18 commercial motor vehicle safety data reported 

19 to the Secretary; or 

20 ‘‘(F) demonstrate new technologies to im21 prove commercial motor vehicle safety. 

22 ‘‘(2) RECIPIENTS.—The Secretary may allocate 

23 amounts to award grants to State agencies, local 

24 governments, and other persons for carrying out 

25 high priority activities and projects that improve 


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1 commercial motor vehicle safety and compliance with 

2 commercial motor vehicle safety regulations in ac3 cordance with the program goals specified in para4 graph (1). 

5 ‘‘(3) FEDERAL SHARE.—The Secretary shall re6 imburse a grantee at least 80 percent of the costs 

7 incurred in a fiscal year for carrying out the high 

8 priority activities or projects. 

9 ‘‘(4) ELIGIBLE ACTIVITIES.—An eligible activity 

10 will be in accordance with criteria that is— 

11 ‘‘(A) developed by the Secretary; and 

12 ‘‘(B) posted in the Federal Register in ad13 vance of the grant application period.’’. 

14 (b) Conforming Amendment.—The analysis of chap15 ter 311 is amended by striking the item relating to section 

16 31102 and inserting the following: 

‘‘31102. Compliance, safety, and accountability grants.’’. 

17 SEC. 602. PERFORMANCE AND REGISTRATION INFORMA18 TION SYSTEMS MANAGEMENT PROGRAM. 

19 Section 31106(b) is amended— 

20 (1) by amending paragraph (3)(C) to read as 

21 follows— 

22 ‘‘(C) establish and implement a process— 

23 ‘‘(i) to cancel the motor vehicle reg24 istration and seize the registration plates 

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1 ble under section 31310(j)(2)(C) for know2 ingly allowing or requiring an employee to 

3 operate such a commercial motor vehicle in 

4 violation of an out-of-service order; and 

5 ‘‘(ii) to reinstate the vehicle registra6 tion or return the registration plates of the 

7 commercial motor vehicle, subject to sanc8 tions under clause (i), if the Secretary per9 mits such carrier to resume operations 

10 after the date of issuance of such order.’’; 

11 and 

12 (2) by striking paragraph (4). 

13 SEC. 603. COMMERCIAL MOTOR VEHICLE DEFINED. 

14 Section 31101(1) is amended to read as follows: 

15 ‘‘(1) ‘commercial motor vehicle’ means (except 

16 under section 31106) a self-propelled or towed vehi17 cle used on the highways in commerce to transport 

18 passengers or property, if the vehicle— 

19 ‘‘(A) has a gross vehicle weight rating or 

20 gross vehicle weight of at least 10,001 pounds, 

21 whichever is greater; 

22 ‘‘(B) is designed or used to transport more 

23 than 8 passengers, including the driver, for 

24 compensation; 


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1 ‘‘(C) is designed or used to transport more 

2 than 15 passengers, including the driver, and is 

3 not used to transport passengers for compensa4 tion; or 

5 ‘‘(D) is used in transporting material 

6 found by the Secretary of Transportation to be 

7 hazardous under section 5103 and transported 

8 in a quantity requiring placarding under regula9 tions prescribed by the Secretary under section 

10 5103.’’. 

11 SEC. 604. DRIVER SAFETY FITNESS RATINGS. 

12 Section 31144, as amended by section 204 of this 

13 Act, is amended by adding at the end the following: 

14 ‘‘(i) COMMERCIAL MOTOR VEHICLE DRIVERS.—The 

15 Secretary may maintain by regulation a procedure for de16 termining the safety fitness of a commercial motor vehicle 

17 driver and for prohibiting the driver from operating in 

18 interstate commerce. The procedure and prohibition shall 

19 include the following: 

20 ‘‘(1) Specific initial and continuing require21 ments that a driver must comply with to dem22 onstrate safety fitness. 

23 ‘‘(2) The methodology and continually updated 

24 safety performance data that the Secretary will use 

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1 spection results, serious traffic offenses, and crash 

2 involvement data. 

3 ‘‘(3) Specific time frames within which the Sec4 retary will determine whether a driver is fit. 

5 ‘‘(4) A prohibition period or periods, not to ex6 ceed 1 year, that a driver that the Secretary deter7 mines is not fit will be prohibited from operating a 

8 commercial motor vehicle in interstate commerce. 

9 The period or periods shall begin on the 46th day 

10 after the date of the fitness determination and con11 tinue until the Secretary determines the driver is fit 

12 or until the prohibition period expires. 

13 ‘‘(5) A review by the Secretary, not later than 

14 30 days after an unfit driver requests a review, of 

15 the driver’s compliance with the requirements the 

16 driver failed to comply with and that resulted in the 

17 Secretary determining that the driver was not fit. 

18 The burden of proof shall be on the driver to dem19 onstrate fitness. 

20 ‘‘(6) The eligibility criteria for reinstatement, 

21 including the remedial measures the unfit driver 

22 must take for reinstatement.’’. 


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1 SEC. 605. UNIFORM ELECTRONIC CLEARANCE FOR COM2 MERCIAL MOTOR VEHICLE INSPECTIONS. 

3 (a) IN GENERAL.—Chapter 311 is amended by add4 ing after section 31109 the following: 

5 ‘‘§ 31110. Withholding amounts for State noncompli6 ance 

7 ‘‘(a) FIRST FISCAL YEAR.—Subject to criteria estab8 lished by the Secretary of Transportation, the Secretary 

9 may withhold up to 50 percent of the amount a State is 

10 otherwise eligible to receive under section 31102(b) on the 

11 first day of the fiscal year after the first fiscal year fol12 lowing the date of enactment of the Commercial Motor 

13 Vehicle Safety Enhancement Act of 2011 in which the 

14 State uses for at least 180 days an electronic commercial 

15 motor vehicle inspection selection system that does not 

16 employ a selection methodology approved by the Secretary. 

17 ‘‘(b) SECOND FISCAL YEAR.—The Secretary shall 

18 withhold up to 75 percent of the amount a State is other19 wise eligible to receive under section 31102(b) on the first 

20 day of the fiscal year after the second fiscal year following 

21 the date of enactment of the Commercial Motor Vehicle 

22 Safety Enhancement Act of 2011 in which the State uses 

23 for at least 180 days an electronic commercial motor vehi24 cle inspection selection system that does not employ a se25 lection methodology approved by the Secretary. 


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1 ‘‘(c) SUBSEQUENT AVAILABILITY OF WITHHELD

2 FUNDS.—The Secretary may make the amounts withheld 

3 under subsection (a) or subsection (b) available to the 

4 State if the Secretary determines that the State has sub5 stantially complied with the requirement described under 

6 subsection (a) or subsection (b) not later than 180 days 

7 after the beginning of the fiscal year in which amounts 

8 were withheld.’’. 

9 (b) CONFORMING AMENDMENT.—The analysis of 

10 chapter 311 is amended by inserting after the item relat11 ing to section 31109 the following: 

‘‘31110. Withholding amounts for State noncompliance.’’. 

12 SEC. 606. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 31104 is amended to read as follows: 

14 ‘‘§ 31104. Availability of amounts 

15 ‘‘(a) IN GENERAL.—There are authorized to be ap16 propriated from Highway Trust Fund (other than the 

17 Mass Transit Account) for Federal Motor Carrier Safety 

18 Administration programs the following: 

19 ‘‘(1) COMPLIANCE, SAFETY, AND ACCOUNT20 ABILITY GRANTS UNDER SECTION 31102.— 

21 ‘‘(A) $249,717,000 for fiscal year 2012, 

22 provided that the Secretary shall set aside not 

23 less than $168,388,000 to carry out the motor 

24 carrier safety assistance program under section 

25 31102(b); and 


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1 ‘‘(B) $253,814,000 for fiscal year 2013, 

2 provided that the Secretary shall set aside not 

3 less than $171,813,000 to carry out the motor 

4 carrier safety assistance program under section 

5 31102(b). 

6 ‘‘(2) DATA AND TECHNOLOGY GRANTS UNDER

7 SECTION 31109.— 

8 ‘‘(A) $30,000,000 for fiscal year 2012; and 

9 ‘‘(B) $30,000,000 for fiscal year 2013. 

10 ‘‘(3) DRIVER SAFETY GRANTS UNDER SECTION

11 31313.— 

12 ‘‘(A) $31,000,000 for fiscal year 2012; and 

13 ‘‘(B) $31,000,000 for fiscal year 2013. 

14 ‘‘(4) CRITERIA.—The Secretary shall develop 

15 criteria to allocate the remaining funds under para16 graphs (1), (2), and (3) for fiscal year 2013 and for 

17 each fiscal year thereafter not later than April 1 of 

18 the prior fiscal year. 

19 ‘‘(b) AVAILABILITY AND REALLOCATION OF

20 AMOUNTS.— 

21 ‘‘(1) ALLOCATIONS AND REALLOCATIONS.— 

22 Amounts made available under subsection (a)(1) re23 main available until expended. Allocations to a State 

24 remain available for expenditure in the State for the 

25 fiscal year in which they are allocated and for the 


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1 next fiscal year. Amounts not expended by a State 

2 during those 2 fiscal years are released to the Sec3 retary for reallocation. 

4 ‘‘(2) REDISTRIBUTION OF AMOUNTS.—The Sec5 retary may, after August 1 of each fiscal year, upon 

6 a determination that a State does not qualify for 

7 funding under section 31102(b) or that the State 

8 will not expend all of its existing funding, reallocate 

9 the State’s funding. In revising the allocation and 

10 redistributing the amounts, the Secretary shall give 

11 preference to those States that require additional 

12 funding to meet program goals under section 

13 31102(b). 

14 ‘‘(3) PERIOD OF AVAILABILITY FOR DATA AND

15 TECHNOLOGY GRANTS.—Amounts made available 

16 under subsection (a)(2) remain available for obliga17 tion for the fiscal year and the next 2 years in which 

18 they are appropriated. Allocations remain available 

19 for expenditure in the State for 5 fiscal years after 

20 they were obligated. Amounts not expended by a 

21 State during those 3 fiscal years are released to the 

22 Secretary for reallocation. 

23 ‘‘(4) PERIOD OF AVAILABILITY FOR DRIVER

24 SAFETY GRANTS.—Amounts made available under 

25 subsection (a)(3) of this section remain available for 


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1 obligation for the fiscal year and the next fiscal year 

2 in which they are appropriated. Allocations to a 

3 State remain available for expenditure in the State 

4 for the fiscal year in which they are allocated and 

5 for the following 2 fiscal years. Amounts not ex6 pended by a State during those 3 fiscal years are re7 leased to the Secretary for reallocation. 

8 ‘‘(5) REALLOCATION.—The Secretary, upon a 

9 request by a State, may reallocate grant funds pre10 viously awarded to the State under a grant program 

11 authorized by section 31102, 31109, or 31313 to an12 other grant program authorized by those sections 

13 upon a showing by the State that it is unable to ex14 pend the funds within the 12 months prior to their 

15 expiration provided that the State agrees to expend 

16 the funds within the remaining period of expendi17 ture. 

18 ‘‘(c) GRANTS AS CONTRACTUAL OBLIGATIONS.—Ap19 proval by the Secretary of a grant under sections 31102, 

20 31109, and 31313 is a contractual obligation of the Gov21 ernment for payment of the Government’s share of costs 

22 incurred in developing and implementing programs to im23 prove commercial motor vehicle safety and enforce com24 mercial driver’s license regulations, standards, and orders. 


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1 ‘‘(d) DEDUCTION FOR ADMINISTRATIVE EX2 PENSES.— 

3 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

4 year or as soon after that as practicable, the Sec5 retary may deduct, from amounts made available 

6 under— 

7 ‘‘(A) subsection (a)(1) for that fiscal year, 

8 not more than 1.5 percent of those amounts for 

9 administrative expenses incurred in carrying 

10 out section 31102 in that fiscal year; 

11 ‘‘(B) subsection (a)(2) for that fiscal year, 

12 not more than 1.4 percent of those amounts for 

13 administrative expenses incurred in carrying 

14 out section 31109 in that fiscal year; and 

15 ‘‘(C) subsection (a)(3) for that fiscal year, 

16 not more than 1.4 percent of those amounts for 

17 administrative expenses incurred in carrying 

18 out section 31313 in that fiscal year. 

19 ‘‘(2) TRAINING.—The Secretary may use at 

20 least 50 percent of the amounts deducted from the 

21 amounts made available under sections (a)(1) and 

22 (a)(3) to train non-Government employees and to de23 velop related training materials to carry out sections 

24 31102, 31311, and 31313 of this title. 


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1 ‘‘(3) CONTRACTS.—The Secretary may use 

2 amounts deducted under paragraph (1) to enter into 

3 contracts and cooperative agreements with States, 

4 local governments, associations, institutions, cor5 porations, and other persons, if the Secretary deter6 mines the contracts and cooperative agreements are 

7 cost-effective, benefit multiple jurisdictions of the 

8 United States, and enhance safety programs and re9 lated enforcement activities. 

10 ‘‘(e) ALLOCATION CRITERIA AND ELIGIBILITY.— 

11 ‘‘(1) On October 1 of each fiscal year or as 

12 soon as practicable after that date after making the 

13 deduction under subsection (d)(1)(A), the Secretary 

14 shall allocate amounts made available to carry out 

15 section 31102(b) for such fiscal year among the 

16 States with plans approved under that section. Allo17 cation shall be made under the criteria prescribed by 

18 the Secretary. 

19 ‘‘(2) On October 1 of each fiscal year or as 

20 soon as practicable after that date and after making 

21 the deduction under subsection (d)(1)(B) or 

22 (d)(1)(C), the Secretary shall allocate amounts made 

23 available to carry out sections 31109(a) and 

24 31313(b)(1). 


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1 ‘‘(f) INTRASTATE COMPATIBILITY.—The Secretary 

2 shall prescribe regulations specifying tolerance guidelines 

3 and standards for ensuring compatibility of intrastate 

4 commercial motor vehicle safety laws and regulations with 

5 Government motor carrier safety regulations to be en6 forced under section 31102(b). To the extent practicable, 

7 the guidelines and standards shall allow for maximum 

8 flexibility while ensuring a degree of uniformity that will 

9 not diminish transportation safety. In reviewing State 

10 plans and allocating amounts or making grants under sec11 tion 153 of title 23, United States Code, the Secretary 

12 shall ensure that the guidelines and standards are applied 

13 uniformly. 

14 ‘‘(g) WITHHOLDING AMOUNTS FOR STATE NON15 COMPLIANCE.— 

16 ‘‘(1) IN GENERAL.—Subject to criteria estab17 lished by the Secretary, the Secretary may withhold 

18 up to 100 percent of the amounts a State is other19 wise eligible to receive under section 31102(b) on 

20 October 1 of each fiscal year beginning after the 

21 date of enactment of the Commercial Motor Vehicle 

22 Safety Enhancement Act of 2011 and continuing for 

23 the period that the State does not comply substan24 tially with a requirement under section 31109(b). 


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1 ‘‘(2) SUBSEQUENT AVAILABILITY OF WITHHELD

2 FUNDS.—The Secretary may make the amounts 

3 withheld in accordance with paragraph (1) available 

4 to a State if the Secretary determines that the State 

5 has substantially complied with a requirement under 

6 section 31109(b) not later than 180 days after the 

7 beginning of the fiscal year in which the amounts 

8 are withheld. 

9 ‘‘(h) ADMINISTRATIVE EXPENSES.— 

10 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated from the 

12 Highway Trust Fund (other than the Mass Transit 

13 Account) for the Secretary to pay administrative ex14 penses of the Federal Motor Carrier Safety Adminis15 tration— 

16 ‘‘(A) $250,819,000 for fiscal year 2012; 

17 and 

18 ‘‘(B) $248,523,000 for fiscal year 2013. 

19 ‘‘(2) USE OF FUNDS.—The funds authorized by 

20 this subsection shall be used for personnel costs, ad21 ministrative infrastructure, rent, information tech22 nology, programs for research and technology, infor23 mation management, regulatory development, the 

24 administration of the performance and registration 

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1 cation, other operating expenses, and such other ex2 penses as may from time to time be necessary to im3 plement statutory mandates of the Administration 

4 not funded from other sources. 

5 ‘‘(i) AVAILABILITY OF FUNDS.— 

6 ‘‘(1) PERIOD OF AVAILABILITY.—The amounts 

7 made available under this section shall remain avail8 able until expended. 

9 ‘‘(2) INITIAL DATE OF AVAILABILITY.—Author10 izations from the Highway Trust Fund (other than 

11 the Mass Transit Account) for this section shall be 

12 available for obligation on the date of their appor13 tionment or allocation or on October 1 of the fiscal 

14 year for which they are authorized, whichever occurs 

15 first.’’. 

16 SEC. 607. HIGH RISK CARRIER REVIEWS. 

17 (a) HIGH RISK CARRIER REVIEWS.—Section 

18 31104(h), as amended by section 606 of this Act, is 

19 amended by adding at the end of paragraph (2) the fol20 lowing: 

21 ‘‘From the funds authorized by this subsection, the 

22 Secretary shall ensure that a review is completed on each 

23 motor carrier that demonstrates through performance 

24 data that it poses the highest safety risk. At a minimum, 

25 a review shall be conducted whenever a motor carrier is 


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1 among the highest risk carriers for 2 consecutive 

2 months.’’. 

3 (b) CONFORMING AMENDMENT.—Section 4138 of the 

4 Safe, Accountable, Flexible, Efficient Transportation Eq5 uity Act: A Legacy for Users (49 U.S.C. 31144 note) is 

6 repealed. 

7 SEC. 608. DATA AND TECHNOLOGY GRANTS. 

8 (a) IN GENERAL.—Section 31109 is amended to read 

9 as follows: 

10 ‘‘§ 31109. Data and technology grants 

11 ‘‘(a) GENERAL AUTHORITY.—The Secretary of 

12 Transportation shall establish and administer a data and 

13 technology grant program to assist the States with the im14 plementation and maintenance of data systems. The Sec15 retary shall allocate the funds in accordance with section 

16 31104. 

17 ‘‘(b) PERFORMANCE GOALS.—The Secretary may 

18 make a grant to a State to implement the performance 

19 and registration information system management require20 ments of section 31106(b) to develop, implement, and 

21 maintain commercial vehicle information systems and net22 works, and other innovative technologies that the Sec23 retary determines improve commercial motor vehicle safe24 ty. 


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1 ‘‘(c) ELIGIBILITY.—To be eligible for a grant to im2 plement the requirements of section 31106(b), the State 

3 shall design a program that— 

4 ‘‘(1) links Federal motor carrier safety informa5 tion systems with the State’s motor carrier informa6 tion systems; 

7 ‘‘(2) determines the safety fitness of a motor 

8 carrier or registrant when licensing or registering 

9 the registrant or motor carrier or while the license 

10 or registration is in effect; and 

11 ‘‘(3) denies, suspends, or revokes the commer12 cial motor vehicle registrations of a motor carrier or 

13 registrant that was issued an operations out-of-serv14 ice order by the Secretary. 

15 ‘‘(d) REQUIRED PARTICIPATION.—The Secretary 

16 shall require States that participate in the program under 

17 section 31106 to— 

18 ‘‘(1) comply with the uniform policies, proce19 dures, and technical and operational standards pre20 scribed by the Secretary under section 31106(b); 

21 ‘‘(2) possess or seek the authority to possess for 

22 a time period not longer than determined reasonable 

23 by the Secretary, to impose sanctions relating to 

24 commercial motor vehicle registration on the basis of 

25 a Federal safety fitness determination; and 


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1 ‘‘(3) establish and implement a process to can2 cel the motor vehicle registration and seize the reg3 istration plates of a vehicle when an employer is 

4 found liable under section 31310(j)(2)(C) for know5 ingly allowing or requiring an employee to operate 

6 such a commercial motor vehicle in violation of an 

7 out of service order. 

8 ‘‘(e) FEDERAL SHARE.—The total Federal share of 

9 the cost of a project payable from all eligible Federal 

10 sources shall be at least 80 percent.’’. 

11 (b) CONFORMING AMENDMENT.—The analysis of 

12 chapter 311 is amended by striking the item relating to 

13 section 31109 and inserting the following: 

‘‘31109. Data and technology grants.’’. 

14 SEC. 609. DRIVER SAFETY GRANTS. 

15 (a) DRIVER FOCUSED GRANT PROGRAM.—Section 

16 31313 is amended to read as follows: 

17 ‘‘§ 31313. Driver safety grants 

18 ‘‘(a) GENERAL AUTHORITY.—The Secretary shall 

19 make and administer a driver focused grant program to 

20 assist the States, local governments, entities, and other 

21 persons with commercial driver’s license systems, pro22 grams, training, fraud detection, reporting of violations 

23 and other programs required to improve the safety of driv24 ers as the Federal Motor Carrier Safety Administration 


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1 deems critical. The Secretary shall allocate the funds for 

2 the program in accordance with section 31104. 

3 ‘‘(b) COMMERCIAL DRIVER’S LICENSE PROGRAM IM4 PROVEMENT GRANTS.— 

5 ‘‘(1) PROGRAM GOAL.—The Secretary of Trans6 portation may make a grant to a State in a fiscal 

7 year— 

8 ‘‘(A) to comply with the requirements of 

9 section 31311; 

10 ‘‘(B) in the case of a State that is making 

11 a good faith effort toward substantial compli12 ance with the requirements of this section and 

13 section 31311, to improve its implementation of 

14 its commercial driver’s license program; 

15 ‘‘(C) for research, development demonstra16 tion projects, public education, and other spe17 cial activities and projects relating to commer18 cial driver licensing and motor vehicle safety 

19 that are of benefit to all jurisdictions of the 

20 United States or are designed to address na21 tional safety concerns and circumstances; 

22 ‘‘(D) for commercial driver’s license pro23 gram coordinators; 

24 ‘‘(E) to implement or maintain a system to 

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1 cial motor vehicle of the suspension or revoca2 tion of the operator’s commercial driver’s li3 cense consistent with the standards developed 

4 under section 304(b) of the Commercial Motor 

5 Vehicle Safety Enhancement Act of 2011; or 

6 ‘‘(F) to train operators of commercial 

7 motor vehicles, as defined under section 31301, 

8 and to train operators and future operators in 

9 the safe use of such vehicles. Funding priority 

10 for this discretionary grant program shall be to 

11 regional or multi-state educational or nonprofit 

12 associations serving economically distressed re13 gions of the United States. 

14 ‘‘(2) PRIORITY.—The Secretary shall give pri15 ority, in making grants under paragraph (1)(B), to 

16 a State that will use the grants to achieve compli17 ance with the requirements of the Motor Carrier 

18 Safety Improvement Act of 1999 (113 Stat. 1748), 

19 including the amendments made by the Commercial 

20 Motor Vehicle Safety Enhancement Act of 2011. 

21 ‘‘(3) RECIPIENTS.—The Secretary may allocate 

22 grants to State agencies, local governments, and 

23 other persons for carrying out activities and projects 

24 that improve commercial driver’s license safety and 

25 compliance with commercial driver’s license and 


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1 commercial motor vehicle safety regulations in ac2 cordance with the program goals under paragraph 

3 (1) and that train operators on commercial motor 

4 vehicles. The Secretary may make a grant to a State 

5 to comply with section 31311 for commercial driver’s 

6 license program coordinators and for notification 

7 systems. 

8 ‘‘(4) FEDERAL SHARE.—The Federal share of a 

9 grant made under this program shall be at least 80 

10 percent, except that the Federal share of grants for 

11 commercial driver license program coordinators and 

12 training commercial motor vehicle operators shall be 

13 100 percent.’’. 

14 (b) CONFORMING AMENDMENT.—The analysis of 

15 chapter 313 is amended by striking the item relating to 

16 section 31313 and inserting the following: 

‘‘31313. Driver safety grants.’’. 

17 SEC. 610. COMMERCIAL VEHICLE INFORMATION SYSTEMS 

18 AND NETWORKS. 

19 Not later than 6 months after the date of enactment 

20 of this Act, the Secretary shall submit a report to the 

21 Committee on Commerce, Science, and Transportation of 

22 the Senate and the Committee on Transportation and In23 frastructure of the House of Representatives that in24 cludes— 


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1 (1) established time frames and milestones for 

2 resuming the Commercial Vehicle Information Sys3 tems and Networks Program; and 

4 (2) a strategic workforce plan for its grants 

5 management office to ensure that it has determined 

6 the skills and competencies that are critical to 

7 achieving its mission goals. 

8 TITLE VII—MOTORCOACH 

9 ENHANCED SAFETY ACT OF 2011 

10 SEC. 701. SHORT TITLE. 

11 This title may be cited as the ‘‘Motorcoach Enhanced 

12 Safety Act of 2011’’. 

13 SEC. 702. DEFINITIONS. 

14 In this Act: 

15 (1) ADVANCED GLAZING.—The term ‘‘advanced 

16 glazing’’ means glazing installed in a portal on the 

17 side or the roof of a motorcoach that is designed to 

18 be highly resistant to partial or complete occupant 

19 ejection in all types of motor vehicle crashes. 

20 (2) BUS.—The term ‘‘bus’’ has the meaning 

21 given the term in section 571.3(b) of title 49, Code 

22 of Federal Regulations (as in effect on the day be23 fore the date of enactment of this Act). 

24 (3) COMMERCIAL MOTOR VEHICLE.—Except as 

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1 hicle’’ has the meaning given the term in section 

2 31132(1) of title 49, United States Code. 

3 (4) DIRECT TIRE PRESSURE MONITORING SYS4 TEM.—The term ‘‘direct tire pressure monitoring 

5 system’’ means a tire pressure monitoring system 

6 that is capable of directly detecting when the air 

7 pressure level in any tire is significantly under-in8 flated and providing the driver a low tire pressure 

9 warning as to which specific tire is significantly 

10 under-inflated. 

11 (5) ELECTRONIC ON-BOARD RECORDER.—The 

12 term ‘‘electronic on-board recorder’’ means an elec13 tronic device that acquires and stores data showing 

14 the record of duty status of the vehicle operator and 

15 performs the functions required of an automatic on16 board recording device in section 395.15(b) of title 

17 49, Code of Federal Regulations. 

18 (6) EVENT DATA RECORDER.—The term ‘‘event 

19 data recorder’’ has the meaning given that term in 

20 section 563.5 of title 49, Code of Federal Regula21 tions. 

22 (7) MOTOR CARRIER.—The term ‘‘motor car23 rier’’ means— 

24 (A) a motor carrier (as defined in section 

25 13102(14) of title 49, United States Code); or 


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1 (B) a motor private carrier (as defined in 

2 section 13102(15) of that title). 

3 (8) MOTORCOACH.—The term ‘‘motorcoach’’ 

4 has the meaning given the term ‘‘over-the-road bus’’ 

5 in section 3038(a)(3) of the Transportation Equity 

6 Act for the 21st Century (49 U.S.C. 5310 note), but 

7 does not include— 

8 (A) a bus used in public transportation 

9 provided by, or on behalf of, a public transpor10 tation agency; or 

11 (B) a school bus, including a multifunction 

12 school activity bus. 

13 (9) MOTORCOACH SERVICES.—The term ‘‘mo14 torcoach services’’ means passenger transportation 

15 by motorcoach for compensation. 

16 (10) MULTIFUNCTION SCHOOL ACTIVITY BUS.— 

17 The term ‘‘multifunction school activity bus’’ has the 

18 meaning given the term in section 571.3(b) of title 

19 49, Code of Federal Regulations (as in effect on the 

20 day before the date of enactment of this Act). 

21 (11) PORTAL.—The term ‘‘portal’’ means any 

22 opening on the front, side, rear, or roof of a motor23 coach that could, in the event of a crash involving 

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1 tion of any occupant from the motorcoach, including 

2 a young child. 

3 (12) PROVIDER OF MOTORCOACH SERVICES.— 

4 The term ‘‘provider of motorcoach services’’ means 

5 a motor carrier that provides passenger transpor6 tation services with a motorcoach, including per-trip 

7 compensation and contracted or chartered com8 pensation. 

9 (13) PUBLIC TRANSPORTATION.—The term 

10 ‘‘public transportation’’ has the meaning given the 

11 term in section 5302 of title 49, United States Code. 

12 (14) SAFETY BELT.—The term ‘‘safety belt’’ 

13 has the meaning given the term in section 

14 153(i)(4)(B) of title 23, United States Code. 

15 (15) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of Transportation. 

17 SEC. 703. REGULATIONS FOR IMPROVED OCCUPANT PRO18 TECTION, PASSENGER EVACUATION, AND 

19 CRASH AVOIDANCE. 

20 (a) REGULATIONS REQUIRED WITHIN 1 YEAR.—Not 

21 later than 1 year after the date of enactment of this Act, 

22 the Secretary shall prescribe regulations requiring safety 

23 belts to be installed in motorcoaches at each designated 

24 seating position. 


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1 (b) REGULATIONS REQUIRED WITHIN 2 YEARS.— 

2 Not later than 2 years after the date of enactment of this 

3 Act, the Secretary shall prescribe the following commercial 

4 motor vehicle regulations: 

5 (1) ROOF STRENGTH AND CRUSH RESIST6 ANCE.—The Secretary shall establish improved roof 

7 and roof support standards for motorcoaches that 

8 substantially improve the resistance of motorcoach 

9 roofs to deformation and intrusion to prevent serious 

10 occupant injury in rollover crashes involving 

11 motorcoaches. 

12 (2) ANTI-EJECTION SAFETY COUNTER13 MEASURES.—The Secretary shall require advanced 

14 glazing to be installed in each motorcoach portal and 

15 shall consider other portal improvements to prevent 

16 partial and complete ejection of motorcoach pas17 sengers, including children. In prescribing such 

18 standards, the Secretary shall consider the impact of 

19 such standards on the use of motorcoach portals as 

20 a means of emergency egress. 

21 (3) ROLLOVER CRASH AVOIDANCE.—The Sec22 retary shall require motorcoaches to be equipped 

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1 duce the number and frequency of rollover crashes 

2 among motorcoaches. 

3 (c) COMMERCIAL MOTOR VEHICLE TIRE PRESSURE

4 MONITORING SYSTEMS.—Not later than 3 years after the 

5 date of enactment of this Act, the Secretary shall prescribe 

6 the following commercial vehicle regulation: 

7 (1) IN GENERAL.—The Secretary shall require 

8 motorcoaches to be equipped with direct tire pres9 sure monitoring systems that warn the operator of 

10 a commercial motor vehicle when any tire exhibits a 

11 level of air pressure that is below a specified level of 

12 air pressure established by the Secretary. 

13 (2) PERFORMANCE REQUIREMENTS.—The regu14 lation prescribed by the Secretary under this sub15 section shall include performance requirements to 

16 ensure that direct tire pressure monitoring systems 

17 are capable of— 

18 (A) providing a warning to the driver when 

19 1 or more tires are underinflated; 

20 (B) activating in a specified time period 

21 after the underinflation is detected; and 

22 (C) operating at different vehicle speeds. 

23 (d) APPLICATION OF REGULATIONS.— 

24 (1) NEW MOTORCOACHES.—Any regulation pre25 scribed in accordance with subsection (a), (b), or (c) 


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1 shall apply to all motorcoaches manufactured more 

2 than 2 years after the date on which the regulation 

3 is published as a final rule. 

4 (2) RETROFIT REQUIREMENTS FOR EXISTING

5 MOTORCOACHES.— 

6 (A) IN GENERAL.—The Secretary may, by 

7 regulation, provide for the application of any re8 quirement established under subsection (a) or 

9 (b)(2) to motorcoaches manufactured before the 

10 date on which the requirement applies to new 

11 motorcoaches under paragraph (1) based on an 

12 assessment of the feasibility, benefits, and costs 

13 of retrofitting the older motorcoaches. 

14 (B) ASSESSMENT.—The Secretary shall 

15 complete an assessment with respect to safety 

16 belt retrofits not later than 1 year after the 

17 date of enactment of this Act and with respect 

18 to anti-ejection countermeasure retrofits not 

19 later than 2 years after the date of enactment 

20 of this Act. 

21 (e) FAILURE TO MEET DEADLINE.—If the Secretary 

22 determines that a final rule cannot be issued before the 

23 deadline established under this section, the Secretary 

24 shall— 


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1 (1) submit a report to the Committee on Com2 merce, Science, and Transportation of the Senate 

3 and the Committee on Energy and Commerce of the 

4 House of Representatives that explains why the 

5 deadline cannot be met; and 

6 (2) establish a new deadline for the issuance of 

7 the final rule. 

8 SEC. 704. STANDARDS FOR IMPROVED FIRE SAFETY. 

9 (a) EVALUATIONS.—Not later than 18 months after 

10 the date of enactment of this Act, the Secretary shall ini11 tiate the following rulemaking proceedings: 

12 (1) FLAMMABILITY STANDARD FOR EXTERIOR

13 COMPONENTS.—The Secretary shall establish re14 quirements for fire hardening or fire resistance of 

15 motorcoach exterior components to prevent fire and 

16 smoke inhalation injuries to occupants. 

17 (2) SMOKE SUPPRESSION.—The Secretary shall 

18 update Federal Motor Vehicle Safety Standard 

19 Number 302 (49 C.F.R. 571.302; relating to flam20 mability of interior materials) to improve the resist21 ance of motorcoach interiors and components to 

22 burning and permit sufficient time for the safe evac23 uation of passengers from motorcoaches. 


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1 (3) PREVENTION OF, AND RESISTANCE TO, 

2 WHEEL WELL FIRES.—The Secretary shall establish 

3 requirements— 

4 (A) to prevent and mitigate the propaga5 tion of wheel well fires into the passenger com6 partment; and 

7 (B) to substantially reduce occupant 

8 deaths and injuries from such fires. 

9 (4) AUTOMATIC FIRE SUPPRESSION.—The Sec10 retary shall establish requirements for motorcoaches 

11 to be equipped with highly effective fire suppression 

12 systems that automatically respond to and suppress 

13 all fires in such motorcoaches. 

14 (5) PASSENGER EVACUATION.—The Secretary 

15 shall establish requirements for motorcoaches to be 

16 equipped with— 

17 (A) improved emergency exit window, door, 

18 roof hatch, and wheelchair lift door designs to 

19 expedite access and use by passengers of 

20 motorcoaches under all emergency cir21 cumstances, including crashes and fires; and 

22 (B) emergency interior lighting systems, 

23 including luminescent or retroreflectorized de24 lineation of evacuation paths and exits, which 

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1 cident to accomplish more rapid and effective 

2 evacuation of passengers. 

3 (6) CAUSATION AND PREVENTION OF MOTOR4 COACH FIRES.—The Secretary shall examine the 

5 principle causes of motorcoach fires and vehicle de6 sign changes intended to reduce the number of mo7 torcoach fires resulting from those principle causes. 

8 (b) DEADLINE.—Not later than 42 months after the 

9 date of enactment of this Act, the Secretary shall— 

10 (1) issue final rules in accordance with sub11 section (a); or 

12 (2) if the Secretary determines that any stand13 ard is not warranted based on the requirements and 

14 considerations set forth in subsection (a) and (b) of 

15 section 30111 of title 49, United States Code, sub16 mit a report that describes the reasons for not pre17 scribing such a standard to— 

18 (A) the Committee on Commerce, Science, 

19 and Transportation of the Senate; and 

20 (B) the Committee on Energy and Com21 merce of the House of Representatives. 

22 (c) TIRE PERFORMANCE STANDARD.—Not later than 

23 3 years after the date of enactment of this Act, the Sec24 retary shall— 


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1 (1) issue a final rule upgrading performance 

2 standards for tires used on motorcoaches, including 

3 an enhanced endurance test and a new high-speed 

4 performance test; or 

5 (2) if the Secretary determines that a standard 

6 is not warranted based on the requirements and con7 siderations set forth in subsections (a) and (b) of 

8 section 30111 of title 49, United States Code, sub9 mit a report that describes the reasons for not pre10 scribing such a standard to— 

11 (A) the Committee on Commerce, Science, 

12 and Transportation of the Senate; and 

13 (B) the Committee on Energy and Com14 merce of the House of Representatives. 

15 SEC. 705. OCCUPANT PROTECTION, COLLISION AVOIDANCE, 

16 FIRE CAUSATION, AND FIRE EXTINGUISHER 

17 RESEARCH AND TESTING. 

18 (a) SAFETY RESEARCH INITIATIVES.—Not later than 

19 2 years after the date of enactment of this Act, the Sec20 retary shall complete the following research and testing: 

21 (1) IMPROVED FIRE EXTINGUISHERS.—The 

22 Secretary shall research and test the need to install 

23 improved fire extinguishers or other readily available 

24 firefighting equipment in motorcoaches to effectively 


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1 extinguish fires in motorcoaches and prevent pas2 senger deaths and injuries. 

3 (2) INTERIOR IMPACT PROTECTION.—The Sec4 retary shall research and test enhanced occupant im5 pact protection standards for motorcoach interiors to 

6 reduce substantially serious injuries for all pas7 sengers of motorcoaches. 

8 (3) COMPARTMENTALIZATION SAFETY COUN9 TERMEASURES.—The Secretary shall require en10 hanced compartmentalization safety counter11 measures for motorcoaches, including enhanced seat12 ing designs, to substantially reduce the risk of pas13 sengers being thrown from their seats and colliding 

14 with other passengers, interior surfaces, and compo15 nents in the event of a crash involving a motorcoach. 

16 (4) COLLISION AVOIDANCE SYSTEMS.—The Sec17 retary shall research and test forward and lateral 

18 crash warning systems applications for 

19 motorcoaches. 

20 (b) RULEMAKING.—Not later than 2 years after the 

21 completion of each research and testing initiative required 

22 under subsection (a), the Secretary shall issue final motor 

23 vehicle safety standards if the Secretary determines that 

24 such standards are warranted based on the requirements 


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1 and considerations set forth in section subsections (a) and 

2 (b) of section 30111 of title 49, United States Code. 

3 SEC. 706. MOTORCOACH REGISTRATION. 

4 (a) REGISTRATION REQUIREMENTS.—Section 

5 13902(b) is amended— 

6 (1) by redesignating paragraphs (1) through 

7 (8) as paragraphs (5) through (12), respectively; 

8 and 

9 (2) by inserting before paragraph (5), as redes10 ignated, the following: 

11 ‘‘(1) ADDITIONAL REGISTRATION REQUIRE12 MENTS FOR PROVIDERS OR MOTORCOACH SERV13 ICES.—In addition to meeting the requirements 

14 under subsection (a)(1), the Secretary may not reg15 ister a person to provide motorcoach services until 

16 after the person— 

17 ‘‘(A) undergoes a preauthorization safety 

18 audit, including verification, in a manner suffi19 cient to demonstrate the ability to comply with 

20 Federal rules and regulations, of— 

21 ‘‘(i) a drug and alcohol testing pro22 gram under part 40 of title 49, Code of 

23 Federal Regulations; 


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1 ‘‘(ii) the carrier’s system of compli2 ance with hours-of-service rules, including 

3 hours-of-service records; 

4 ‘‘(iii) the ability to obtain required in5 surance; 

6 ‘‘(iv) driver qualifications, including 

7 the validity of the commercial driver’s li8 cense of each driver who will be operating 

9 under such authority; 

10 ‘‘(v) disclosure of common ownership, 

11 common control, common management, 

12 common familial relationship, or other cor13 porate relationship with another motor car14 rier or applicant for motor carrier author15 ity during the past 3 years; 

16 ‘‘(vi) records of the State inspections, 

17 or of a Level I or V Commercial Vehicle 

18 Safety Alliance Inspection, for all vehicles 

19 that will be operated by the carrier; 

20 ‘‘(vii) safety management programs, 

21 including vehicle maintenance and repair 

22 programs; and 

23 ‘‘(viii) the ability to comply with the 

24 Americans with Disabilities Act of 1990 

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1 the-Road Bus Transportation Accessibility 

2 Act of 2007 (122 Stat. 2915); 

3 ‘‘(B) has been interviewed to review safety 

4 management controls and the carrier’s written 

5 safety oversight policies and practices; and 

6 ‘‘(C) through the successful completion of 

7 a written examination developed by the Sec8 retary, has demonstrated proficiency to comply 

9 with and carry out the requirements and regu10 lations described in subsection (a)(1). 

11 ‘‘(2) PRE-AUTHORIZATION SAFETY AUDIT.— 

12 The pre-authorization safety audit required under 

13 paragraph (1)(A) shall be completed on-site not later 

14 than 90 days following the submission of an applica15 tion for operating authority. 

16 ‘‘(3) FEE.—The Secretary may establish, under 

17 section 9701 of title 31, a fee of not more than 

18 $1,200 for new registrants that as nearly as possible 

19 covers the costs of performing a preauthorization 

20 safety audit. Amounts collected under this sub21 section shall be deposited in the Highway Trust 

22 Fund (other than the Mass Transit Account).’’. 

23 (b) SAFETY REVIEWS OF NEW OPERATORS.—Section 

24 31144(g)(1) is amended by inserting ‘‘transporting prop25 erty’’ after ‘‘each operator’’. 


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1 (c) CONFORMING AMENDMENT.—Section 

2 24305(a)(3)(A)(i) is amended by striking ‘‘section 

3 13902(b)(8)(A)’’ and inserting ‘‘section 

4 13902(b)(12)(A)’’. 

5 (d) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect 1 year after the date of enact7 ment of this Act. 

8 SEC. 707. IMPROVED OVERSIGHT OF MOTORCOACH SERV9 ICE PROVIDERS. 

10 Section 31144, as amended by sections 204 and 604 

11 of this Act, is amended by adding at the end the following: 

12 ‘‘(j) PERIODIC SAFETY REVIEWS OF PROVIDERS OF

13 MOTORCOACH SERVICES.— 

14 ‘‘(1) SAFETY REVIEW.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall— 

16 ‘‘(i) determine the safety fitness of all 

17 providers of motorcoach services registered 

18 with the Federal Motor Carrier Safety Ad19 ministration; and 

20 ‘‘(ii) assign a safety fitness rating to 

21 each such provider. 

22 ‘‘(B) APPLICABILITY.—Subparagraph (A) 

23 shall apply— 

24 ‘‘(i) to any provider of motorcoach 

25 services registered with the Administration 


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1 after the date of enactment of the Motor2 coach Enhanced Safety Act of 2011 begin3 ning not later than 2 years after the date 

4 of such registration; and 

5 ‘‘(ii) to any provider of motorcoach 

6 services registered with the Administration 

7 on or before the date of enactment of that 

8 Act beginning not later than 3 years after 

9 the date of enactment of that Act. 

10 ‘‘(2) PERIODIC REVIEW.—The Secretary shall 

11 establish, by regulation, a process for monitoring the 

12 safety performance of each provider of motorcoach 

13 services on a regular basis following the assignment 

14 of a safety fitness rating, including progressive inter15 vention to correct unsafe practices. 

16 ‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi17 tion to the enhanced monitoring and enforcement ac18 tions required under paragraph (2), the Secretary 

19 may organize special enforcement strike forces tar20 geting providers of motorcoach services. 

21 ‘‘(4) PERIODIC UPDATE OF SAFETY FITNESS

22 RATING.—In conducting the safety reviews required 

23 under this subsection, the Secretary shall reassess 

24 the safety fitness rating of each provider not less 

25 frequently than once every 3 years. 


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1 ‘‘(5) MOTORCOACH SERVICES DEFINED.—In 

2 this subsection, the term ‘provider of motorcoach 

3 services’ has the meaning given such term in section 

4 702 of the Motorcoach Enhanced Safety Act of 

5 2011.’’. 

6 SEC. 708. REPORT ON FEASIBILITY, BENEFITS, AND COSTS 

7 OF ESTABLISHING A SYSTEM OF CERTIFI8 CATION OF TRAINING PROGRAMS. 

9 Not later than 2 years after the date of the enact10 ment of this Act, the Secretary shall submit a report to 

11 the Committee on Commerce, Science, and Transportation 

12 of the Senate and the Committee on Transportation and 

13 Infrastructure of the House of Representatives that de14 scribes the feasibility, benefits, and costs of establishing 

15 a system of certification of public and private schools and 

16 of motor carriers and motorcoach operators that provide 

17 motorcoach driver training. 

18 SEC. 709. REPORT ON DRIVER’S LICENSE REQUIREMENTS 

19 FOR 9- TO 15-PASSENGER VANS. 

20 (a) IN GENERAL.—Not later than 18 months after 

21 the date of enactment of this Act, the Secretary shall sub22 mit a report to the Committee on Commerce, Science, and 

23 Transportation of the Senate and the Committee on 

24 Transportation and Infrastructure of the House of Rep25 resentatives that examines requiring all or certain classes 


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1 of drivers operating a vehicle, which is designed or used 

2 to transport not fewer than 9 and not more than 15 pas3 sengers (including a driver) in interstate commerce, to 

4 have a commercial driver’s license passenger-carrying en5 dorsement and be tested in accordance with a drug and 

6 alcohol testing program under part 40 of title 49, Code 

7 of Federal Regulations. 

8 (b) CONSIDERATIONS.—In developing the report 

9 under subsection (a), the Secretary shall consider— 

10 (1) the safety benefits of the requirement de11 scribed in subsection (a); 

12 (2) the scope of the population that would be 

13 impacted by such requirement; 

14 (3) the cost to the Federal Government and 

15 State governments to meet such requirement; and 

16 (4) the impact on safety benefits and cost from 

17 limiting the application of such requirement to cer18 tain drivers of such vehicles, such as drivers who are 

19 compensated for driving. 

20 SEC. 710. EVENT DATA RECORDERS. 

21 (a) EVALUATION.—Not later than 1 year after the 

22 date of enactment of this Act, the Secretary, after consid23 ering the performance requirements for event data record24 ers for passenger vehicles under part 563 of title 49, Code 

25 of Federal Regulations, shall complete an evaluation of 


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1 event data recorders, including requirements regarding 

2 specific types of vehicle operations, events and incidents, 

3 and systems information to be recorded, for event data 

4 recorders to be used on motorcoaches used by motor car5 riers in interstate commerce. 

6 (b) STANDARDS AND REGULATIONS.—Not later than 

7 2 years after completing the evaluation required under 

8 subsection (a), the Secretary shall issue standards and 

9 regulations based on the results of that evaluation. 

10 SEC. 711. SAFETY INSPECTION PROGRAM FOR COMMER11 CIAL MOTOR VEHICLES OF PASSENGERS. 

12 Not later than 3 years after the date of enactment 

13 of this Act, the Secretary shall complete a rulemaking pro14 ceeding to consider requiring States to conduct annual in15 spections of commercial motor vehicles designed or used 

16 to transport passengers, including an assessment of— 

17 (1) the risks associated with improperly main18 tained or inspected commercial motor vehicles de19 signed or used to transport passengers; 

20 (2) the effectiveness of existing Federal stand21 ards for the inspection of such vehicles in— 

22 (A) mitigating the risks described in para23 graph (1); and 

24 (B) ensuring the safe and proper operation 

25 condition of such vehicles; and 


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1 (3) the costs and benefits of a mandatory State 

2 inspection program. 

3 SEC. 712. DISTRACTED DRIVING. 

4 (a) IN GENERAL.—Chapter 311, as amended by sec5 tions 113, 508, and 512 of this Act, is amended by adding 

6 after section 31154 the following: 

7 ‘‘§ 31155. Regulation of the use of distracting devices 

8 in motorcoaches 

9 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

10 date of enactment of the Motorcoach Enhanced Safety Act 

11 of 2011, the Secretary of Transportation shall prescribe 

12 regulations on the use of electronic or wireless devices, in13 cluding cell phones and other distracting devices, by an 

14 individual employed as the operator of a motorcoach (as 

15 defined in section 702 of that Act). 

16 ‘‘(b) BASIS FOR REGULATIONS.—The Secretary shall 

17 base the regulations prescribed under subsection (a) on 

18 accident data analysis, the results of ongoing research, 

19 and other information, as appropriate. 

20 ‘‘(c) PROHIBITED USE.—Except as provided under 

21 subsection (d), the Secretary shall prohibit the use of the 

22 devices described in subsection (a) in circumstances in 

23 which the Secretary determines that their use interferes 

24 with a driver’s safe operation of a motorcoach. 


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1 ‘‘(d) PERMITTED USE.—The Secretary may permit 

2 the use of a device that is otherwise prohibited under sub3 section (c) if the Secretary determines that such use is 

4 necessary for the safety of the driver or the public in emer5 gency circumstances.’’. 

6 (b) CONFORMING AMENDMENT.—The analysis for 

7 chapter 311 is amended by inserting after the item relat8 ing to section 31154 the following: 

‘‘31155. Regulation of the use of distracting devices in motorcoaches.’’. 

9 SEC. 713. REGULATIONS. 

10 Any standard or regulation prescribed or modified 

11 pursuant to the Motorcoach Enhanced Safety Act of 2011 

12 shall be prescribed or modified in accordance with section 

13 553 of title 5, United States Code. 

14 TITLE VIII—SAFE HIGHWAYS 

15 AND INFRASTRUCTURE PRES16 ERVATION 

17 SEC. 801. COMPREHENSIVE TRUCK SIZE AND WEIGHT LIM18 ITS STUDY. 

19 (a) TRUCK SIZE AND WEIGHT LIMITS STUDY.—Not 

20 later than 90 days after the date of enactment of this Act, 

21 the Secretary, in consultation with each relevant State and 

22 other applicable Federal agencies, shall commence a com23 prehensive truck size and weight limits study. The study 

24 shall— 


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1 (1) provide data on accident frequency and fac2 tors related to accident risk of each route of the Na3 tional Highway System in each State that allows a 

4 vehicle to operate with size and weight limits that 

5 are in excess of the Federal law and regulations and 

6 its correlation to truck size and weight limits; 

7 (2) evaluate the impacts to the infrastructure of 

8 each route of the National Highway System in each 

9 State that allows a vehicle to operate with size and 

10 weight limits that are in excess of the Federal law 

11 and regulations, including— 

12 (A) an analysis that quantifies the cost of 

13 the impacts in dollars; 

14 (B) an analysis of the percentage of trucks 

15 operating in excess of the Federal size and 

16 weight limits; and 

17 (C) an analysis that examines the ability of 

18 each State to recover the cost for the impacts; 

19 (3) evaluate the impacts and frequency of viola20 tions in excess of the Federal size and weight law 

21 and regulations to determine the cost of the enforce22 ment of the law and regulations, and the effective23 ness of the enforcement methods; 


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1 (4) examine the relationship between truck per2 formance and crash involvement and its correlation 

3 to Federal size and weight limits; 

4 (5) assess the impacts that truck size and 

5 weight limits in excess of the Federal law and regu6 lations have in the risk of bridge failure contributing 

7 to the structural deficiencies of bridges or in the 

8 useful life of a bridge; 

9 (6) analyze the impacts on safety and infra10 structure in each State that allows a truck to oper11 ate in excess of Federal size and weight limitations 

12 in truck-only lanes; and 

13 (7) compare and contrast the safety and infra14 structure impacts of the Federal limits regarding 

15 truck size and weight limits in relation to— 

16 (A) six-axle and other alternative configu17 rations of tractor-trailers; and 

18 (B) safety records of foreign nations with 

19 truck size and weight limits and tractor-trailer 

20 configurations that differ from the Federal law 

21 and regulations. 

22 (b) REPORT.—Not later than 2 years after the date 

23 that the study is commenced under subsection (a), the 

24 Secretary shall submit a final report on the study, includ25 ing all findings and recommendations, to the Committee 


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1 on Commerce, Science, and Transportation and the Com2 mittee on Environment and Public Works of the Senate 

3 and the Committee on Transportation and Infrastructure 

4 of the House of Representatives. 

5 SEC. 802. COMPILATION OF EXISTING STATE TRUCK SIZE 

6 AND WEIGHT LIMIT LAWS. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of enactment of this Act, the Secretary, in consulta9 tion with the States, shall begin to compile— 

10 (1) a list for each State, as applicable, that de11 scribes each route of the National Highway System 

12 that allows a vehicle to operate in excess of the Fed13 eral truck size and weight limits that— 

14 (A) was authorized under State law on or 

15 before the date of enactment of this Act; and 

16 (B) was in actual and lawful operation on 

17 a regular or periodic basis (including seasonal 

18 operations) on or before the date of enactment 

19 of this Act; 

20 (2) a list for each State, as applicable, that de21 scribes— 

22 (A) the size and weight limitations applica23 ble to each segment of the National Highway 

24 System in that State as listed under paragraph 

25 (1); 


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1 (B) each combination that exceeds the 

2 Interstate weight limit, but that the Depart3 ment of Transportation, other Federal agency, 

4 or a State agency has determined on or before 

5 the date of enactment of this Act, could be or 

6 could have been lawfully operated in the State; 

7 and 

8 (C) each combination that exceeds the 

9 Interstate weight limit, but that the Secretary 

10 determines could have been lawfully operated on 

11 a non-Interstate segment of the National High12 way System in the State on or before the date 

13 of enactment of this Act; and 

14 (3) a list of each State law that designates or 

15 allows designation of size and weight limitations in 

16 excess of Federal law and regulations on routes of 

17 the National Highway System, including nondivisible 

18 loads. 

19 (b) SPECIFICATIONS.—The Secretary, in consultation 

20 with the States, shall specify whether the determinations 

21 under paragraphs (1) and (2) of subsection (a) were made 

22 by the Department of Transportation, other Federal agen23 cy, or a State agency. 

24 (c) REPORT.—Not later than 2 years after the date 

25 of enactment of this Act, the Secretary shall submit a final 


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1 report of the compilation under subsection (a) to the Com2 mittee on Commerce, Science, and Transportation and the 

3 Committee on Environment and Public Works of the Sen4 ate and the Committee on Transportation and Infrastruc5 ture of the House of Representatives. 

6 TITLE IX—MISCELLANEOUS 

7 SEC. 901. DETENTION TIME STUDY. 

8 (a) STUDY.—Not later than 30 days after the date 

9 of enactment of this Act, the Secretary shall task the 

10 Motor Carrier Safety Advisory Committee to study the ex11 tent to which detention time contributes to drivers vio12 lating hours of service requirements and driver fatigue. In 

13 conducting this study, the Committee shall— 

14 (1) examine data collected from driver and vehi15 cle inspections; 

16 (2) consult with— 

17 (A) motor carriers and drivers, shippers, 

18 and representatives of ports and other facilities 

19 where goods are loaded and unloaded; 

20 (B) government officials; and 

21 (C) other parties as appropriate; and 

22 (3) provide recommendations to the Secretary 

23 for addressing issues identified in the study. 

24 (b) REPORT.—Not later than 18 months after the 

25 date of enactment of this Act, the Secretary shall provide 


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1 a report to the Committee on Commerce, Science, and 

2 Transportation of the Senate and the Committee on 

3 Transportation and Infrastructure of the House of Rep4 resentatives that includes recommendations for legislation 

5 and for addressing the results of the study. 

6 SEC. 902. PROHIBITION OF COERCION. 

7 Section 31136(a) is amended by— 

8 (1) striking ‘‘and’’ at the end of paragraph (3); 

9 (2) striking the period at the end of paragraph 

10 (4) and inserting ‘‘; and’’; and 

11 (3) adding after subsection (4) the following: 

12 ‘‘(5) an operator of a commercial motor vehicle 

13 is not coerced by a motor carrier, shipper, receiver, 

14 or transportation intermediary to operate a commer15 cial motor vehicle in violation of a regulation pro16 mulgated under this section, or chapter 51 or chap17 ter 313 of this title.’’. 

18 SEC. 903. MOTOR CARRIER SAFETY ADVISORY COMMITTEE. 

19 (a) MEMBERSHIP.—Section 4144(b)(1) of the Safe, 

20 Accountable, Flexible, Efficient Transportation Equity 

21 Act: A Legacy for Users (49 U.S.C. 31100 note) is 

22 amended by inserting ‘‘nonprofit employee labor organiza23 tions representing commercial motor vehicle drivers,’’ 

24 after ‘‘industry,’’. 


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1 (b) TERMINATION DATE.—Section 4144(d) of the 

2 Safe, Accountable, Flexible, Efficient Transportation Eq3 uity Act: A Legacy for Users (49 U.S.C. 31100 note) is 

4 amended by striking ‘‘March 31, 2012’’ and inserting 

5 ‘‘September 30, 2013’’. 

6 SEC. 904. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS. 

7 (a) WAIVER STANDARDS.—Section 31315(a) is 

8 amended— 

9 (1) by inserting ‘‘and’’ at the end of paragraph 

10 (2); 

11 (2) by striking paragraph (3); and 

12 (3) redesignating paragraph (4) as paragraph 

13 (3). 

14 (b) EXEMPTION STANDARDS.—Section 31315(b)(4) 

15 is amended— 

16 (1) in subparagraph (A), by inserting ‘‘(or, in 

17 the case of a request for an exemption from the 

18 physical qualification standards for commercial 

19 motor vehicle drivers, post on a web site established 

20 by the Secretary to implement the requirements of 

21 section 31149)’’ after ‘‘Federal Register’’; 

22 (2) by amending subparagraph (B) to read as 

23 follows: 

24 ‘‘(B) UPON GRANTING A REQUEST.—Upon 

25 granting a request and before the effective date 


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1 of the exemption, the Secretary shall publish in 

2 the Federal Register (or, in the case of an ex3 emption from the physical qualification stand4 ards for commercial motor vehicle drivers, post 

5 on a web site established by the Secretary to 

6 implement the requirements of section 31149) 

7 the name of the person granted the exemption, 

8 the provisions from which the person is exempt, 

9 the effective period, and the terms and condi10 tions of the exemption.’’; and 

11 (3) in subparagraph (C), by inserting ‘‘(or, in 

12 the case of a request for an exemption from the 

13 physical qualification standards for commercial 

14 motor vehicle drivers, post on a web site established 

15 by the Secretary to implement the requirements of 

16 section 31149)’’ after ‘‘Federal Register’’. 

17 (c) PROVIDING NOTICE OF EXEMPTIONS TO STATE

18 PERSONNEL.—Section 31315(b)(7) is amended to read as 

19 follows: 

20 ‘‘(7) NOTIFICATION OF STATE COMPLIANCE

21 AND ENFORCEMENT PERSONNEL.—Before the effec22 tive date of an exemption, the Secretary shall notify 

23 a State safety compliance and enforcement agency, 

24 and require the agency pursuant to section 

25 31102(b)(1)(Y) to notify the State’s roadside inspecVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6401 E:\BILLS\S1950.RS S1950

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1 tors, that a person will be operating pursuant to an 

2 exemption and the terms and conditions that apply 

3 to the exemption.’’. 

4 (d) PILOT PROGRAMS.—Section 31315(c)(1) is 

5 amended by striking ‘‘in the Federal Register’’. 

6 (e) REPORT TO CONGRESS.—Section 31315 is 

7 amended by adding after subsection (d) the following: 

8 ‘‘(e) REPORT TO CONGRESS.—The Secretary shall 

9 submit an annual report to the Committee on Commerce, 

10 Science, and Transportation of the Senate and the Com11 mittee on Transportation and Infrastructure of the House 

12 of Representatives listing the waivers, exemptions, and 

13 pilot programs granted under this section, and any im14 pacts on safety. 

15 ‘‘(f) WEB SITE.—The Secretary shall ensure that the 

16 Federal Motor Carrier Safety Administration web site in17 cludes a link to the web site established by the Secretary 

18 to implement the requirements under sections 31149 and 

19 31315. The link shall be in a clear and conspicuous loca20 tion on the home page of the Federal Motor Carrier Safety 

21 Administration web site and be easily accessible to the 

22 public.’’. 

23 SEC. 905. TRANSPORTATION OF HORSES. 

24 Section 80502 is amended— 


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1 (1) in subsection (c), by striking ‘‘This section 

2 does not’’ and inserting ‘‘Subsections (a) and (b) 

3 shall not’’; 

4 (2) by redesignating subsection (d) as sub5 section (e); 

6 (3) by inserting after subsection (c) the fol7 lowing: 

8 ‘‘(d) TRANSPORTATION OF HORSES.— 

9 ‘‘(1) PROHIBITION.—No person may transport, 

10 or cause to be transported, a horse from a place in 

11 a State, the District of Columbia, or a territory or 

12 possession of the United States through or to a 

13 place in another State, the District of Columbia, or 

14 a territory or possession of the United States in a 

15 motor vehicle containing 2 or more levels stacked on 

16 top of each other. 

17 ‘‘(2) MOTOR VEHICLE DEFINED.—In this sub18 section, the term ‘motor vehicle’— 

19 ‘‘(A) means a vehicle driven or drawn by 

20 mechanical power and manufactured primarily 

21 for use on public highways; and 

22 ‘‘(B) does not include a vehicle operated 

23 exclusively on a rail or rails.’’; and 

24 (4) in subsection (e), as redesignated— 


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1 (A) by striking ‘‘A rail carrier’’ and insert2 ing the following: 

3 ‘‘(1) IN GENERAL.—A rail carrier’’; 

4 (B) by striking ‘‘this section’’ and insert5 ing ‘‘subsection (a) or (b)’’; and 

6 (C) by striking ‘‘On learning’’ and insert7 ing before ‘‘of a violation’’ the following: 

8 ‘‘(2) TRANSPORTATION OF HORSES IN MULTI9 LEVEL TRAILER.— 

10 ‘‘(A) CIVIL PENALTY.—A person that 

11 knowingly violates subsection (d) is liable to the 

12 United States Government for a civil penalty of 

13 at least $100 but not more than $500 for each 

14 violation. A separate violation occurs under sub15 section (d) for each horse that is transported, 

16 or caused to be transported, in violation of sub17 section (d). 

18 ‘‘(B) RELATIONSHIP TO OTHER LAWS.— 

19 The penalty provided under subparagraph (A) 

20 shall be in addition to any penalty or remedy 

21 available under any other law. 

22 ‘‘(3) CIVIL ACTION.—On learning’’. 


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1 TITLE X—HOUSEHOLD GOODS 

2 TRANSPORTATION 

3 SEC. 1001. ADDITIONAL REGISTRATION REQUIREMENTS 

4 FOR HOUSEHOLD GOODS MOTOR CARRIERS. 

5 (a) Section 13902(a)(2) is amended— 

6 (1) in subparagraph (B), by striking ‘‘section 

7 13702(c);’’ and inserting ‘‘section 13702(c); and’’; 

8 (2) by amending subparagraph (C) to read as 

9 follows: 

10 ‘‘(C) demonstrates, before being registered, 

11 through successful completion of a proficiency 

12 examination established by the Secretary, 

13 knowledge and intent to comply with applicable 

14 Federal laws relating to consumer protection, 

15 estimating, consumers’ rights and responsibil16 ities, and options for limitations of liability for 

17 loss and damage.’’; and 

18 (3) by striking subparagraph (D). 

19 (b) COMPLIANCE REVIEWS OF NEW HOUSEHOLD

20 GOODS MOTOR CARRIERS.—Section 31144(g), as amend21 ed by section 102 of this Act, is amended by adding at 

22 the end the following: 

23 ‘‘(6) ADDITIONAL REQUIREMENTS FOR HOUSE24 HOLD GOODS MOTOR CARRIERS.—(A) In addition to 

25 the requirements of this subsection, the Secretary 


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1 shall require, by regulation, each registered house2 hold goods motor carrier to undergo a consumer pro3 tection standards review not later than 18 months 

4 after the household goods motor carrier begins oper5 ations under such authority. 

6 ‘‘(B) ELEMENTS.—In the regulations 

7 issued pursuant to subparagraph (A), the Sec8 retary shall establish the elements of the con9 sumer protections standards review, including 

10 basic management controls. In establishing the 

11 elements, the Secretary shall consider the ef12 fects on small businesses and shall consider es13 tablishing alternate locations where such re14 views may be conducted for the convenience of 

15 small businesses.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect 2 years after the date of en18 actment of this Act. 

19 SEC. 1002. FAILURE TO GIVE UP POSSESSION OF HOUSE20 HOLD GOODS. 

21 (a) INJUNCTIVE RELIEF.—Section 14704(a)(1) is 

22 amended by striking ‘‘and 14103’’ and inserting ‘‘, 14103, 

23 and 14915(c)’’. 

24 (b) CIVIL PENALTIES.—Section 14915(a)(1) is 

25 amended by adding at the end the following: 


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1 ‘‘The United States may assign all or a portion of 

2 the civil penalty to an aggrieved shipper. The Secretary 

3 of Transportation shall establish criteria upon which such 

4 assignments shall be made. The Secretary may order, 

5 after notice and an opportunity for a proceeding, that a 

6 person found holding a household goods shipment hostage 

7 return the goods to an aggrieved shipper.’’. 

8 SEC. 1003. SETTLEMENT AUTHORITY. 

9 (a) SETTLEMENT OF GENERAL CIVIL PENALTIES.— 

10 Section 14901 is amended by adding at the end the fol11 lowing: 

12 ‘‘(h) SETTLEMENT OF HOUSEHOLD GOODS CIVIL

13 PENALTIES.—Nothing in this section shall be construed 

14 to prohibit the Secretary from accepting partial payment 

15 of a civil penalty as part of a settlement agreement in the 

16 public interest, or from holding imposition of any part of 

17 a civil penalty in abeyance.’’. 

18 (b) SETTLEMENT OF HOUSEHOLD GOODS CIVIL

19 PENALTIES.—Section 14915(a) is amended by adding at 

20 the end the following: 

21 ‘‘(4) SETTLEMENT AUTHORITY.—Nothing in 

22 this section shall be construed as prohibiting the 

23 Secretary from accepting partial payment of a civil 

24 penalty as part of a settlement agreement in the 


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1 public interest, or from holding imposition of any 

2 part of a civil penalty in abeyance.’’. 

3 SEC. 1004. HOUSEHOLD GOODS TRANSPORTATION ASSIST4 ANCE PROGRAM. 

5 (a) JOINT ASSISTANCE PROGRAM.—Not later than 

6 18 months after the date of enactment of this Act, the 

7 Secretary shall develop and implement a joint assistance 

8 program, through the Federal Motor Carrier Safety Ad9 ministration— 

10 (1) to educate consumers about the household 

11 goods motor carrier industry pursuant to the rec12 ommendations of the task force established under 

13 section 1005 of this Act; 

14 (2) to improve the Federal Motor Carrier Safe15 ty Administration’s implementation, monitoring, and 

16 coordination of Federal and State household goods 

17 enforcement activities; 

18 (3) to assist a consumer with the timely resolu19 tion of an interstate household goods hostage situa20 tion, as appropriate; and 

21 (4) to conduct other enforcement activities as 

22 designated by the Secretary. 

23 (b) JOINT ASSISTANCE PROGRAM PARTNERSHIP.— 

24 The Secretary— 


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1 (1) may partner with 1 or more household 

2 goods motor carrier industry groups to implement 

3 the joint assistance program under subsection (a); 

4 and 

5 (2) shall ensure that each participating house6 hold goods motor carrier industry group— 

7 (A) implements the joint assistance pro8 gram in the best interest of the consumer; 

9 (B) implements the joint assistance pro10 gram in the public interest; 

11 (C) accurately represents its financial in12 terests in providing household goods mover 

13 services in the normal course of business and in 

14 assisting consumers resolving hostage situa15 tions; 

16 (D) does not hold itself out or misrepre17 sent itself as an agent of the Federal govern18 ment; 

19 (E) abides by Federal regulations and 

20 guidelines for the provision of assistance and 

21 receipt of compensation for household goods 

22 mover services; and 

23 (F) accurately represents the Federal and 

24 State remedies that are available to consumers 


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1 for resolving interstate household goods hostage 

2 situations. 

3 (c) REPORT.—The Secretary shall submit a report 

4 annually to the Committee on Commerce, Science, and 

5 Transportation of the Senate and the Committee on 

6 Transportation and Infrastructure of the House of Rep7 resentatives providing a detailed description of the joint 

8 assistance program under subsection (a). 

9 (d) PROHIBITION.—The joint assistance program 

10 under subsection (a) may not include the provision of 

11 funds by the United States to a consumer for lost, stolen, 

12 or damaged items. 

13 SEC. 1005. HOUSEHOLD GOODS CONSUMER EDUCATION 

14 PROGRAM. 

15 (a) TASK FORCE.—The Secretary of Transportation 

16 shall establish a task force to develop recommendations 

17 to ensure that a consumer is informed of Federal law con18 cerning the transportation of household goods by a motor 

19 carrier, including recommendations— 

20 (1) on how to condense publication ESA 03005 

21 of the Federal Motor Carrier Safety Administration 

22 into a format that can be more easily used by a con23 sumer; and 


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1 (2) on the use of state-of-the-art education 

2 techniques and technologies, including the use of the 

3 Internet as an educational tool. 

4 (b) TASK FORCE MEMBERS.—The task force shall be 

5 comprised of— 

6 (1) individuals with expertise in consumer af7 fairs; 

8 (2) educators with expertise in how people learn 

9 most effectively; and 

10 (3) representatives of the household goods mov11 ing industry. 

12 (c) RECOMMENDATIONS.—Not later than 1 year after 

13 the date of enactment of this Act, the task force shall com14 plete its recommendations under subsection (a). Not later 

15 than 1 year after the task force completes its rec16 ommendations under subsection (a), the Secretary shall 

17 issue regulations implementing the recommendations, as 

18 appropriate. 

19 (d) FEDERAL ADVISORY COMMITTEE ACT EXEMP20 TION.—The Federal Advisory Committee Act (5 U.S.C. 

21 App.) shall not apply to the task force. 

22 (e) TERMINATION.—The task force shall terminate 2 

23 years after the date of enactment of this Act. 


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1 TITLE XI—TECHNICAL 

2 AMENDMENTS 

3 SEC. 1101. UPDATE OF OBSOLETE TEXT. 

4 (a) Section 31137(e), as redesignated by section 301 

5 of this Act, is amended by striking ‘‘Not later than De6 cember 1, 1990, the Secretary shall prescribe’’ and insert7 ing ‘‘The Secretary shall maintain’’. 

8 (b) Section 31151(a) is amended— 

9 (1) by amending paragraph (1) to read as fol10 lows: 

11 ‘‘(1) IN GENERAL.—The Secretary of Transpor12 tation shall maintain a program to ensure that inter13 modal equipment used to transport intermodal con14 tainers is safe and systematically maintained.’’; and 

15 (2) by striking paragraph (4). 

16 (c) Section 31307(b) is amended by striking ‘‘Not 

17 later than December 18, 1994, the Secretary shall pre18 scribe’’ and inserting ‘‘The Secretary shall maintain’’. 

19 (d) Section 31310(g)(1) is amended by striking ‘‘Not 

20 later than 1 year after the date of enactment of this Act, 

21 the’’ and inserting ‘‘The’’. 

22 (e) Section 4123(f) of the Safe, Accountable, Flexi23 ble, Efficient Transportation Equity Act: A Legacy for 

24 Users (119 Stat. 1736) is amended by striking ‘‘Not later 


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1 than 1 year after the date of enactment of this Act, the’’ 

2 and inserting ‘‘The’’. 

3 SEC. 1102. CORRECTION OF INTERSTATE COMMERCE COM4 MISSION REFERENCES. 

5 (a) SAFETY INFORMATION AND INTERVENTION IN

6 INTERSTATE COMMERCE COMMISSION PROCEEDINGS.— 

7 Chapter 3 is amended— 

8 (1) by repealing section 307; 

9 (2) in the analysis, by striking the item relating 

10 to section 307; 

11 (3) in section 333(d)(1)(C), by striking ‘‘Inter12 state Commerce Commission’’ and inserting ‘‘Sur13 face Transportation Board’’; and 

14 (4) in section 333(e)— 

15 (A) by striking ‘‘Interstate Commerce 

16 Commission’’ each place it appears and insert17 ing ‘‘Surface Transportation Board’’; and 

18 (B) by striking ‘‘Commission’’ each place it 

19 appears and inserting ‘‘Board’’. 

20 (b) FILING AND PROCEDURE FOR APPLICATION TO

21 ABANDON OR DISCONTINUE.—Section 10903(b)(2) is 

22 amended by striking ‘‘24706(c) of this title’’ and inserting 

23 ‘‘24706(c) of this title before May 31, 1998’’. 

24 (c) RIGHTS AND REMEDIES OF PERSONS INJURED

25 BY CARRIERS OR BROKERS.— 


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1 (1) Section 14704 is amended— 

2 (A) in subsection (a)— 

3 (i) by striking ‘‘IN GENERAL.—’’ and 

4 all that follows through ‘‘injured’’ and in5 serting ‘‘ENFORCEMENT OF ORDER.—A 

6 person injured’’; and 

7 (ii) by redesignating paragraph (2) as 

8 subsection (b)(2); and 

9 (B) in subsection (b)— 

10 (i) by striking ‘‘LIABILITY AND DAM11 AGES FOR EXCEEDING TARIFF RATE.—’’ 

12 and all that follows through ‘‘A carrier’’ 

13 and inserting ‘‘EXCEEDING TARIFF

14 RATE.—(1) A carrier’’; and 

15 (ii) by striking ‘‘DAMAGES FOR VIO16 LATIONS.—’’ in paragraph (2), as redesig17 nated, and inserting ‘‘OTHER VIOLA18 TIONS.—’’. 

19 (2) Section 14705(c) is amended by striking 

20 ‘‘14704(b)’’ and substituting ‘‘14704(b)(2)’’. 

21 (d) TECHNICAL AMENDMENTS TO PART C OF SUB22 TITLE V.— 

23 (1) Section 24307(b)(3) is amended by striking 

24 ‘‘Interstate Commerce Commission’’ and inserting 

25 ‘‘Surface Transportation Board’’. 


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1 (2) Section 24311 is amended— 

2 (A) by striking ‘‘Interstate Commerce 

3 Commission’’ each place it appears and insert4 ing ‘‘Surface Transportation Board’’; and 

5 (B) by striking ‘‘Commission’’ each place it 

6 appears and inserting ‘‘Board’’. 

7 (3) Section 24902 is amended— 

8 (A) by striking ‘‘Interstate Commerce 

9 Commission’’ each place it appears and insert10 ing ‘‘Surface Transportation Board’’; and 

11 (B) by striking ‘‘Commission’’ each place it 

12 appears and inserting ‘‘Board’’. 

13 (4) Section 24904 is amended— 

14 (A) by striking ‘‘Interstate Commerce 

15 Commission’’ each place it appears and insert16 ing ‘‘Surface Transportation Board’’; and 

17 (B) by striking ‘‘Commission’’ each place it 

18 appears and inserting ‘‘Board’’. 

19 SEC. 1103. TECHNICAL AND CONFORMING AMENDMENTS. 

20 (a) Section 14504a(c)(1) is amended— 

21 (1) in subparagraph (C), by striking ‘‘sections’’ 

22 and inserting ‘‘section’’; and 

23 (2) in subparagraph (D)(ii)(II) by striking the 

24 period at the end and inserting ‘‘; and’’. 


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1 (b) Section 24305(a)(3)(1) is amended by striking 

2 ‘‘section 13902(b)(8)(A)’’ and inserting ‘‘section 

3 13902(b)(9)(A)’’. 

4 (c) Section 31103(a) is amended by striking ‘‘section 

5 31102(b)(1)(E)’’ and inserting ‘‘section 31102(b)(2)(E)’’. 

6 (d) Section 31103(b) is amended by striking ‘‘author7 ized by section 31104(f)(2)’’. 

8 (e) Section 31309(b)(2) is amended by striking 

9 ‘‘31308(2)’’ and inserting ‘‘31308(3)’’. 

10 SECTION 1. SHORT TITLE. 

11 This Act may be cited as the ‘‘Commercial Motor Vehi12 cle Safety Enhancement Act of 2011’’. 

13 SEC. 2. TABLE OF CONTENTS. 

14 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definition. 

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

TITLE I—COMMERCIAL MOTOR VEHICLE REGISTRATION 

Sec. 101. Registration of motor carriers. 

Sec. 102. Safety fitness of new operators. 

Sec. 103. Reincarnated carriers. 

Sec. 104. Financial responsibility requirements. 

Sec. 105. USDOT number registration requirement. 

Sec. 106. Registration fee system. 

Sec. 107. Registration update. 

Sec. 108. Increased penalties for operating without registration. 

Sec. 109. Revocation of registration for imminent hazard. 

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

subpoena. 

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

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

Sec. 113. Federal successor standard. 


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TITLE II—COMMERCIAL MOTOR VEHICLE SAFETY 

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

Sec. 202. Bus rentals and definition of employer. 

Sec. 203. Crashworthiness standards. 

Sec. 204. Canadian safety rating reciprocity. 

Sec. 205. State reporting of foreign commercial driver convictions. 

Sec. 206. Authority to disqualify foreign commercial drivers. 

Sec. 207. Revocation of foreign motor carrier operating authority for failure to 

pay civil penalties. 

TITLE III—DRIVER SAFETY 

Sec. 301. Electronic on-board recording devices. 

Sec. 302. Safety fitness. 

Sec. 303. Driver medical qualifications. 

Sec. 304. Commercial driver’s license notification system. 

Sec. 305. Commercial motor vehicle operator training. 

Sec. 306. Commercial driver’s license program. 

Sec. 307. Commercial driver’s license requirements. 

Sec. 308. Commercial motor vehicle driver information systems. 

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

Sec. 310. Federal driver disqualifications. 

Sec. 311. Employer responsibilities. 

TITLE IV—SAFE ROADS ACT OF 2011 

Sec. 401. Short title. 

Sec. 402. National clearinghouse for controlled substance and alcohol test results 

of commercial motor vehicle operators. 

Sec. 403. Drug and alcohol violation sanctions. 

Sec. 404. Authorization of appropriations. 

TITLE V—ENFORCEMENT 

Sec. 501. Inspection demand and display of credentials. 

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

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

Sec. 504. Minimum prohibition on operation for unfit carriers. 

Sec. 505. Minimum out of service penalties. 

Sec. 506. Impoundment and immobilization of commercial motor vehicles for imminent hazard. 

Sec. 507. Increased penalties for evasion of regulations. 

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

Sec. 509. Violations relating to commercial motor vehicle safety regulation and 

operators. 

Sec. 510. Emergency disqualification for imminent hazard. 

Sec. 511. Intrastate operations of interstate motor carriers. 

Sec. 512. Enforcement of safety laws and regulations. 

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

TITLE VI—COMPLIANCE, SAFETY, ACCOUNTABILITY 

Sec. 601. Compliance, safety, accountability. 

Sec. 602. Performance and registration information systems management program. 


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Sec. 603. Commercial motor vehicle defined. 

Sec. 604. Driver safety fitness ratings. 

Sec. 605. Uniform electronic clearance for commercial motor vehicle inspections. 

Sec. 606. Authorization of appropriations. 

Sec. 607. High risk carrier reviews. 

Sec. 608. Data and technology grants. 

Sec. 609. Driver safety grants. 

Sec. 610. Commercial vehicle information systems and networks. 

TITLE VII—MOTORCOACH ENHANCED SAFETY ACT OF 2011 

Sec. 701. Short title. 

Sec. 702. Definitions. 

Sec. 703. Regulations for improved occupant protection, passenger evacuation, 

and crash avoidance. 

Sec. 704. Standards for improved fire safety. 

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

Sec. 706. Motorcoach registration. 

Sec. 707. Improved oversight of motorcoach service providers. 

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

Sec. 709. Report on driver’s license requirements for 9- to 15-passenger vans. 

Sec. 710. Event data recorders. 

Sec. 711. Safety inspection program for commercial motor vehicles of passengers. 

Sec. 712. Distracted driving. 

Sec. 713. Regulations. 

TITLE VIII—SAFE HIGHWAYS AND INFRASTRUCTURE 

PRESERVATION 

Sec. 801. Comprehensive truck size and weight limits study. 

Sec. 802. Compilation of existing State truck size and weight limit laws. 

TITLE IX—MISCELLANEOUS 

Sec. 901. Detention time study. 

Sec. 902. Prohibition of coercion. 

Sec. 903. Motor carrier safety advisory committee. 

Sec. 904. Waivers, exemptions, and pilot programs. 

Sec. 905. Transportation of horses. 

TITLE X—HOUSEHOLD GOODS TRANSPORTATION 

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

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

Sec. 1003. Settlement authority. 

Sec. 1004. Household goods transportation assistance program. 

Sec. 1005. Household goods consumer education program. 

TITLE XI—TECHNICAL AMENDMENTS 

Sec. 1101. Update of obsolete text. 

Sec. 1102. Correction of interstate commerce commission references. 

Sec. 1103. Technical and conforming amendments. 


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TITLE XII—SURFACE TRANSPORTATION AND FREIGHT POLICY ACT 

OF 2011 

Sec. 1201. Short title. 

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

Sec. 1203. Surface transportation and freight strategic plan. 

Sec. 1204. Transportation investment data and planning tools. 

Sec. 1205. National freight infrastructure investment grants. 

Sec. 1206. Port infrastructure development initiative. 

Sec. 1207. Office of Freight Planning and Development. 

Sec. 1208. Safety for motorized and nonmotorized users. 

1 SEC. 3. DEFINITION. 

2 In this Act, the term ‘‘Secretary’’ means the Secretary 

3 of Transportation. 

4 SEC. 4. REFERENCES TO TITLE 49, UNITED STATES CODE. 

5 Except as otherwise expressly provided, whenever in 

6 this Act an amendment or repeal is expressed in terms of 

7 an amendment to, or a repeal of, a section or other provi8 sion, the reference shall be considered to be made to a section 

9 or other provision of title 49, United States Code. 

10 TITLE I—COMMERCIAL MOTOR 

11 VEHICLE REGISTRATION 

12 SEC. 101. REGISTRATION OF MOTOR CARRIERS. 

13 (a) REGISTRATION REQUIREMENTS.—Section 

14 13902(a)(1) is amended to read as follows: 

15 ‘‘(1) IN GENERAL.—Except as otherwise provided 

16 in this section, the Secretary of Transportation may 

17 not register a person to provide transportation subject 

18 to jurisdiction under subchapter I of chapter 135 as 

19 a motor carrier unless the Secretary determines that 

20 the person— 


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1 ‘‘(A) is willing and able to comply with— 

2 ‘‘(i) this part and the applicable regu3 lations of the Secretary and the Board; 

4 ‘‘(ii) any safety regulations imposed by 

5 the Secretary; 

6 ‘‘(iii) the duties of employers and em7 ployees established by the Secretary under 

8 section 31135; 

9 ‘‘(iv) the safety fitness requirements es10 tablished by the Secretary under section 

11 31144; 

12 ‘‘(v) the accessibility requirements es13 tablished by the Secretary under subpart H 

14 of part 37 of title 49, Code of Federal Regu15 lations (or successor regulations), for trans16 portation provided by an over-the-road bus; 

17 and 

18 ‘‘(vi) the minimum financial responsi19 bility requirements established by the Sec20 retary under sections 13906, 31138, and 

21 31139; 

22 ‘‘(B) has submitted a comprehensive man23 agement plan documenting that the person has 

24 management systems in place to ensure compliVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6203 E:\BILLS\S1950.RS S1950

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1 ance with safety regulations imposed by the Sec2 retary; 

3 ‘‘(C) has disclosed any relationship involv4 ing common ownership, common management, 

5 common control, or common familial relation6 ship between that person and any other motor 

7 carrier, freight forwarder, or broker, or any other 

8 applicant for motor carrier, freight forwarder, or 

9 broker registration, or a successor (as that term 

10 is defined under section 31153), if the relation11 ship occurred in the 5-year period preceding the 

12 date of the filing of the application for registra13 tion; and 

14 ‘‘(D) after the Secretary establishes a writ15 ten proficiency examination pursuant to section 

16 101(b) of the Commercial Motor Vehicle Safety 

17 Enhancement Act of 2011, has passed the written 

18 proficiency examination.’’. 

19 (b) WRITTEN PROFICIENCY EXAMINATION.— 

20 (1) ESTABLISHMENT.—Not later than 18 months 

21 after the date of enactment of this Act, the Secretary 

22 shall establish a written proficiency examination for 

23 applicant motor carriers pursuant to section 

24 13902(a)(1)(D). The written proficiency examination 

25 shall test a person’s knowledge of applicable safety 


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1 regulations, standards, and orders of the Federal gov2 ernment and State government. 

3 (2) ADDITIONAL FEE.—The Secretary may assess 

4 a fee to cover the expenses incurred by the Depart5 ment of Transportation in— 

6 (A) developing and administering the writ7 ten proficiency examination; and 

8 (B) reviewing the comprehensive manage9 ment plan required under section 13902(a)(1)(B) 

10 of title 49, United States Code. 

11 (c) CONFORMING AMENDMENT.—Section 210(b) of the 

12 Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 

13 31144 note) is amended— 

14 (1) by inserting ‘‘, commercial regulations, and 

15 provisions of subpart H of part 37 of title 49, Code 

16 of Federal Regulations, or successor regulations’’ after 

17 ‘‘applicable safety regulations’’; and 

18 (2) by striking ‘‘consider the establishment of’’ 

19 and inserting ‘‘establish’’. 

20 SEC. 102. SAFETY FITNESS OF NEW OPERATORS. 

21 (a) SAFETY REVIEWS OF NEW OPERATORS.—Section 

22 31144(g)(1) is amended to read as follows: 

23 ‘‘(1) SAFETY REVIEW.— 

24 ‘‘(A) IN GENERAL.—The Secretary shall re25 quire, by regulation, each owner and each operVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6203 E:\BILLS\S1950.RS S1950

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1 ator granted new registration under section 

2 13902 or 31134 to undergo a safety review not 

3 later than 12 months after the owner or operator, 

4 as the case may be, begins operations under such 

5 registration. 

6 ‘‘(B) PROVIDERS OF MOTORCOACH SERV7 ICES.—The Secretary may register a person to 

8 provide motorcoach services under section 13902 

9 or 31134 after the person undergoes a pre-au10 thorization safety audit, including verification, 

11 in a manner sufficient to demonstrate the ability 

12 to comply with Federal rules and regulations, as 

13 described in section 13902. The Secretary shall 

14 continue to monitor the safety performance of 

15 each owner and each operator subject to this sec16 tion for 12 months after the owner or operator 

17 is granted registration under section 13902 or 

18 31134. The registration of each owner and each 

19 operator subject to this section shall become per20 manent after the motorcoach service provider is 

21 granted registration following a pre-authoriza22 tion safety audit and the expiration of the 12 

23 month monitoring period. 

24 ‘‘(C) PRE-AUTHORIZATION SAFETY

25 AUDIT.—The Secretary may require, by regulaVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6203 E:\BILLS\S1950.RS S1950

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1 tion, that the pre-authorization safety audit 

2 under subparagraph (B) be completed on-site not 

3 later than 90 days after the submission of an ap4 plication for operating authority.’’. 

5 (b) EFFECTIVE DATE.—The amendments made by sub6 section (a) shall take effect 1 year after the date of enact7 ment of this Act. 

8 SEC. 103. REINCARNATED CARRIERS. 

9 (a) EFFECTIVE PERIODS OF REGISTRATION.— 

10 (1) SUSPENSIONS, AMENDMENTS, AND REVOCA11 TIONS.—Section 13905(d) is amended— 

12 (A) by redesignating paragraph (2) as 

13 paragraph (4); 

14 (B) by striking paragraph (1) and inserting 

15 the following: 

16 ‘‘(1) APPLICATIONS.—On application of the reg17 istrant, the Secretary may amend or revoke a reg18 istration. 

19 ‘‘(2) COMPLAINTS AND ACTIONS ON SECRETARY’S

20 OWN INITIATIVE.—On complaint or on the Secretary’s 

21 own initiative and after notice and an opportunity 

22 for a proceeding, the Secretary may— 

23 ‘‘(A) suspend, amend, or revoke any part of 

24 the registration of a motor carrier, broker, or 


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1 freight forwarder for willful failure to comply 

2 with— 

3 ‘‘(i) this part; 

4 ‘‘(ii) an applicable regulation or order 

5 of the Secretary or the Board, including the 

6 accessibility requirements established by the 

7 Secretary under subpart H of part 37 of 

8 title 49, Code of Federal Regulations (or 

9 successor regulations), for transportation 

10 provided by an over-the-road bus; or 

11 ‘‘(iii) a condition of its registration; 

12 ‘‘(B) withhold, suspend, amend, or revoke 

13 any part of the registration of a motor carrier, 

14 broker, or freight forwarder for failure— 

15 ‘‘(i) to pay a civil penalty imposed 

16 under chapter 5, 51, 149, or 311; 

17 ‘‘(ii) to arrange and abide by an ac18 ceptable payment plan for such civil pen19 alty, not later than 90 days after the date 

20 specified by order of the Secretary for the 

21 payment of such penalty; or 

22 ‘‘(iii) for failure to obey a subpoena 

23 issued by the Secretary; 

24 ‘‘(C) withhold, suspend, amend, or revoke 

25 any part of a registration of a motor carrier, 


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1 broker, or freight forwarder following a deter2 mination by the Secretary that the motor car3 rier, broker, or freight forwarder failed to dis4 close, in its application for registration, a mate5 rial fact relevant to its willingness and ability to 

6 comply with— 

7 ‘‘(i) this part; 

8 ‘‘(ii) an applicable regulation or order 

9 of the Secretary or the Board; or 

10 ‘‘(iii) a condition of its registration; or 

11 ‘‘(D) withhold, suspend, amend, or revoke 

12 any part of a registration of a motor carrier, 

13 broker, or freight forwarder if the Secretary finds 

14 that— 

15 ‘‘(i) the motor carrier, broker, or 

16 freight forwarder is or was related through 

17 common ownership, common management, 

18 common control, or common familial rela19 tionship to any other motor carrier, broker, 

20 or freight forwarder, or any other applicant 

21 for motor carrier, broker, or freight for22 warder registration that the Secretary de23 termines is or was unwilling or unable to 

24 comply with the relevant requirements listed 

25 in section 13902, 13903, or 13904; or 


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1 ‘‘(ii) the person is the successor, as de2 fined in section 31153, to a person who is 

3 or was unwilling or unable to comply with 

4 the relevant requirements of section 13902, 

5 13903, or 13904. 

6 ‘‘(3) LIMITATION.—Paragraph (2)(B) shall not 

7 apply to a person who is unable to pay a civil pen8 alty because the person is a debtor in a case under 

9 chapter 11 of title 11.’’; and 

10 (C) in paragraph (4), as redesignated by 

11 section 103(a)(1)(A) of this Act, by striking 

12 ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph 

13 (2)(B)’’. 

14 (2) PROCEDURE.—Section 13905(e) is amended 

15 by inserting ‘‘or if the Secretary determines that the 

16 registrant failed to disclose a material fact in an ap17 plication for registration in accordance with sub18 section (d)(2)(C),’’ after ‘‘registrant,’’. 

19 (b) INFORMATION SYSTEMS.—Section 31106(a)(3) is 

20 amended— 

21 (1) in subparagraph (F), by striking ‘‘and’’ at 

22 the end; 

23 (2) in subparagraph (G), by striking the period 

24 at the end and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(H) determine whether a person or em2 ployer is or was related, through common owner3 ship, common management, common control, or 

4 common familial relationship, to any other per5 son, employer, or any other applicant for reg6 istration under section 13902 or 31134.’’. 

7 SEC. 104. FINANCIAL RESPONSIBILITY REQUIREMENTS. 

8 (a) REPORT.—Not later than 6 months after the date 

9 of the enactment of this Act, the Secretary shall— 

10 (1) issue a report on the appropriateness of— 

11 (A) the current minimum financial respon12 sibility requirements under sections 31138 and 

13 31139 of title 49, United States Code; and 

14 (B) the current bond and insurance require15 ments under section 13904(d) of title 49, United 

16 States Code; and 

17 (2) submit the report issued under paragraph (1) 

18 to the Committee on Commerce, Science, and Trans19 portation of the Senate and the Committee on Trans20 portation and Infrastructure of the House of Rep21 resentatives. 

22 (b) RULEMAKING.—Not later than 6 months after the 

23 publication of the report under subsection (a), the Secretary 

24 shall initiate a rulemaking— 


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1 (1) to revise the minimum financial responsi2 bility requirements under sections 31138 and 31139 

3 of title 49, United States Code and 

4 (2) to revise the bond and insurance require5 ments under section 13904(d) of such title, as appro6 priate, based on the findings of the report submitted 

7 under subsection (a). 

8 (c) DEADLINE.—Not later than 1 year after the start 

9 of the rulemaking under subsection (b), the Secretary 

10 shall— 

11 (1) issue a final rule; or 

12 (2) if the Secretary determines that a rule13 making is not required following the Secretary’s anal14 ysis, submit a report stating the reason for not in15 creasing the minimum financial responsibility re16 quirements to the Committee on Commerce, Science, 

17 and Transportation of the Senate and the Committee 

18 on Transportation and Infrastructure of the House of 

19 Representatives. 

20 (d) BIENNIAL REVIEWS.—Not less than once every 2 

21 years, the Secretary shall review the requirements pre22 scribed under subsection (b) and revise the requirements, 

23 as appropriate. 


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1 SEC. 105. USDOT NUMBER REGISTRATION REQUIREMENT. 

2 (a) IN GENERAL.—Chapter 311 is amended by insert3 ing after section 31133 the following: 

4 ‘‘§ 31134. Requirement for registration and USDOT 

5 number 

6 ‘‘(a) IN GENERAL.—Upon application, and subject to 

7 subsections (b) and (c), the Secretary shall register an em8 ployer or person subject to the safety jurisdiction of this 

9 subchapter. An employer or person may operate a commer10 cial motor vehicle in interstate commerce only if the em11 ployer or person is registered by the Secretary under this 

12 section and receives a USDOT number. Nothing in this sec13 tion shall preclude registration by the Secretary of an em14 ployer or person not engaged in interstate commerce. An 

15 employer or person subject to jurisdiction under subchapter 

16 I of chapter 135 of this title shall apply for commercial 

17 registration under section 13902 of this title. 

18 ‘‘(b) WITHHOLDING REGISTRATION.—The Secretary 

19 may withhold registration under subsection (a), after notice 

20 and an opportunity for a proceeding, if the Secretary deter21 mines that— 

22 ‘‘(1) the employer or person seeking registration 

23 is unwilling or unable to comply with the require24 ments of this subchapter and the regulations pre25 scribed thereunder and chapter 51 and the regulations 

26 prescribed thereunder; 


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1 ‘‘(2) the employer or person is or was related 

2 through common ownership, common management, 

3 common control, or common familial relationship to 

4 any other person or applicant for registration subject 

5 to this subchapter who is or was unfit, unwilling, or 

6 unable to comply with the requirements listed in sub7 section (b)(1); or 

8 ‘‘(3) the person is the successor, as defined in sec9 tion 31153, to a person who is or was unfit, unwill10 ing, or unable to comply with the requirements listed 

11 in subsection (b)(1). 

12 ‘‘(c) REVOCATION OR SUSPENSION OF REGISTRA13 TION.—The Secretary shall revoke the registration of an em14 ployer or person under subsection (a) after notice and an 

15 opportunity for a proceeding, or suspend the registration 

16 after giving notice of the suspension to the employer or per17 son, if the Secretary determines that— 

18 ‘‘(1) the employer’s or person’s authority to oper19 ate pursuant to chapter 139 of this title would be sub20 ject to revocation or suspension under sections 

21 13905(d)(1) or 13905(f) of this title; 

22 ‘‘(2) the employer or person is or was related 

23 through common ownership, common management, 

24 common control, or common familial relationship to 

25 any other person or applicant for registration subject 


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1 to this subchapter that the Secretary determines is or 

2 was unfit, unwilling, or unable to comply with the re3 quirements listed in subsection (b)(1); 

4 ‘‘(3) the person is the successor, as defined in sec5 tion 31153, to a person the Secretary determines is or 

6 was unfit, unwilling, or unable to comply with the re7 quirements listed in subsection (b)(1); or 

8 ‘‘(4) the employer or person failed or refused to 

9 submit to the safety review required by section 

10 31144(g) of this title. 

11 ‘‘(d) PERIODIC REGISTRATION UPDATE.—The Sec12 retary may require an employer to update a registration 

13 under this section periodically or not later than 30 days 

14 after a change in the employer’s address, other contact in15 formation, officers, process agent, or other essential infor16 mation, as determined by the Secretary.’’. 

17 (b) CONFORMING AMENDMENT.—The analysis of chap18 ter 311 is amended by inserting after the item relating to 

19 section 31133 the following: 

‘‘31134. Requirement for registration and USDOT number.’’. 

20 SEC. 106. REGISTRATION FEE SYSTEM. 

21 Section 13908(d)(1) is amended by striking ‘‘but shall 

22 not exceed $300’’. 

23 SEC. 107. REGISTRATION UPDATE. 

24 (a) PERIODIC MOTOR CARRIER UPDATE.—Section 

25 13902 is amended by adding at the end the following: 


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1 ‘‘(h) UPDATE OF REGISTRATION.—The Secretary may 

2 require a registrant to update its registration under this 

3 section periodically or not later than 30 days after a change 

4 in the registrant’s address, other contact information, offi5 cers, process agent, or other essential information, as deter6 mined by the Secretary.’’. 

7 (b) PERIODIC FREIGHT FORWARDER UPDATE.—Sec8 tion 13903 is amended by adding at the end the following: 

9 ‘‘(c) UPDATE OF REGISTRATION.—The Secretary may 

10 require a freight forwarder to update its registration under 

11 this section periodically or not later than 30 days after a 

12 change in the freight forwarder’s address, other contact in13 formation, officers, process agent, or other essential infor14 mation, as determined by the Secretary.’’. 

15 (c) PERIODIC BROKER UPDATE.—Section 13904 is 

16 amended by adding at the end the following: 

17 ‘‘(e) UPDATE OF REGISTRATION.—The Secretary may 

18 require a broker to update its registration under this section 

19 periodically or not later than 30 days after a change in 

20 the broker’s address, other contact information, officers, 

21 process agent, or other essential information, as determined 

22 by the Secretary.’’. 

23 SEC. 108. INCREASED PENALTIES FOR OPERATING WITH24 OUT REGISTRATION. 

25 (a) PENALTIES.—Section 14901(a) is amended— 


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1 (1) by striking ‘‘$500’’ and inserting ‘‘$1,000’’; 

2 (2) by striking ‘‘who is not registered under this 

3 part to provide transportation of passengers,’’; 

4 (3) by striking ‘‘with respect to providing trans5 portation of passengers,’’ and inserting ‘‘or section 

6 13902(c) of this title,’’; and 

7 (4) by striking ‘‘$2,000 for each violation and 

8 each additional day the violation continues’’ and in9 serting ‘‘$10,000 for each violation, or $25,000 for 

10 each violation relating to providing transportation of 

11 passengers’’. 

12 (b) TRANSPORTATION OF HAZARDOUS WASTES.—Sec13 tion 14901(b) is amended by striking ‘‘not to exceed 

14 $20,000’’ and inserting ‘‘not less than $25,000’’. 

15 SEC. 109. REVOCATION OF REGISTRATION FOR IMMINENT 

16 HAZARD. 

17 Section 13905(f)(2) is amended to read as follows: 

18 ‘‘(2) IMMINENT HAZARD TO PUBLIC HEALTH.— 

19 Notwithstanding subchapter II of chapter 5 of title 5, 

20 the Secretary shall revoke the registration of a motor 

21 carrier if the Secretary finds that the carrier is or 

22 was conducting unsafe operations that are or were an 

23 imminent hazard to public health or property.’’. 


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1 SEC. 110. REVOCATION OF REGISTRATION AND OTHER PEN2 ALTIES FOR FAILURE TO RESPOND TO SUB3 POENA. 

4 Section 525 is amended— 

5 (1) by striking ‘‘subpenas’’ in the section heading 

6 and inserting ‘‘subpoenas’’; 

7 (2) by striking ‘‘subpena’’ and inserting ‘‘sub8 poena’’; 

9 (3) by striking ‘‘$100’’ and inserting ‘‘$1,000’’; 

10 (4) by striking ‘‘$5,000’’ and inserting 

11 ‘‘$10,000’’; and 

12 (5) by adding at the end the following: 

13 ‘‘The Secretary may withhold, suspend, amend, or re14 voke any part of the registration of a person required to 

15 register under chapter 139 for failing to obey a subpoena 

16 or requirement of the Secretary under this chapter to ap17 pear and testify or produce records.’’. 

18 SEC. 111. FLEETWIDE OUT OF SERVICE ORDER FOR OPER19 ATING WITHOUT REQUIRED REGISTRATION. 

20 Section 13902(e)(1) is amended— 

21 (1) by striking ‘‘motor vehicle’’ and inserting 

22 ‘‘motor carrier’’ after ‘‘the Secretary determines that 

23 a’’; and 

24 (2) by striking ‘‘order the vehicle’’ and inserting 

25 ‘‘order the motor carrier operations’’ after ‘‘the Sec26 retary may’’. 


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1 SEC. 112. MOTOR CARRIER AND OFFICER PATTERNS OF 

2 SAFETY VIOLATIONS. 

3 Section 31135 is amended— 

4 (1) by striking subsection (b) and inserting the 

5 following: 

6 ‘‘(b) NONCOMPLIANCE.— 

7 ‘‘(1) MOTOR CARRIERS.—Two or more motor 

8 carriers, employers, or persons shall not use common 

9 ownership, common management, common control, or 

10 common familial relationship to enable any or all 

11 such motor carriers, employers, or persons to avoid 

12 compliance, or mask or otherwise conceal non-compli13 ance, or a history of non-compliance, with regulations 

14 prescribed under this subchapter or an order of the 

15 Secretary issued under this subchapter. 

16 ‘‘(2) PATTERN.—If the Secretary finds that a 

17 motor carrier, employer, or person engaged in a pat18 tern or practice of avoiding compliance, or masking 

19 or otherwise concealing noncompliance, with regula20 tions prescribed under this subchapter, the Sec21 retary— 

22 ‘‘(A) may withhold, suspend, amend, or re23 voke any part of the motor carrier’s, employer’s, 

24 or person’s registration in accordance with sec25 tion 13905 or 31134; and 


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1 ‘‘(B) shall take into account such non-com2 pliance for purposes of determining civil penalty 

3 amounts under section 521(b)(2)(D). 

4 ‘‘(3) OFFICERS.—If the Secretary finds, after no5 tice and an opportunity for proceeding, that an offi6 cer of a motor carrier, employer, or owner or operator 

7 engaged in a pattern or practice of violating regula8 tions prescribed under this subchapter, or assisted a 

9 motor carrier, employer, or owner or operator in 

10 avoiding compliance, or masking or otherwise con11 cealing noncompliance, the Secretary may impose ap12 propriate sanctions, subject to the limitations in 

13 paragraph (4), including— 

14 ‘‘(A) suspension or revocation of registra15 tion granted to the officer individually under 

16 section 13902 or 31134; 

17 ‘‘(B) temporary or permanent suspension or 

18 bar from association with any motor carrier, 

19 employer, or owner or operator registered under 

20 section 13902 or 31134; or 

21 ‘‘(C) any appropriate sanction approved by 

22 the Secretary. 

23 ‘‘(4) LIMITATIONS.—The sanctions described in 

24 subparagraphs (A) through (C) of subsection (b)(3) 

25 shall apply to— 


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1 ‘‘(A) intentional or knowing conduct, in2 cluding reckless conduct that violates applicable 

3 laws (including regulations); and 

4 ‘‘(B) repeated instances of negligent conduct 

5 that violates applicable laws (including regula6 tions).’’; and 

7 (2) by striking subsection (c) and inserting the 

8 following: 

9 ‘‘(c) AVOIDING COMPLIANCE.—For purposes of this sec10 tion, ‘avoiding compliance’ or ‘masking or otherwise con11 cealing noncompliance’ includes serving as an officer or 

12 otherwise exercising controlling influence over 2 or more 

13 motor carriers where— 

14 ‘‘(1) one of the carriers was placed out of service, 

15 or received notice from the Secretary that it will be 

16 placed out of service, following— 

17 ‘‘(A) a determination of unfitness under sec18 tion 31144(b); 

19 ‘‘(B) a suspension or revocation of registra20 tion under section 13902, 13905, or 31144(g); 

21 ‘‘(C) issuance of an imminent hazard out of 

22 service order under section 521(b)(5) or section 

23 5121(d); or 

24 ‘‘(D) notice of failure to pay a civil penalty 

25 or abide by a penalty payment plan; and 


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1 ‘‘(2) one or more of the carriers is the ‘successor,’ 

2 as that term is defined in section 31153, to the car3 rier that is the subject of the action in paragraph 

4 (1).’’. 

5 SEC. 113. FEDERAL SUCCESSOR STANDARD. 

6 (a) IN GENERAL.—Chapter 311 is amended by adding 

7 after section 31152, as added by section 508 of this Act, 

8 the following: 

9 ‘‘§ 31153. Federal successor standard 

10 ‘‘(a) FEDERAL SUCCESSOR STANDARD.—Notwith11 standing any other provision of Federal or State law, the 

12 Secretary may take an action authorized under chapters 

13 5, 51, 131 through 149, subchapter III of chapter 311 (ex14 cept sections 31138 and 31139), or sections 31302, 31303, 

15 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title, or 

16 a regulation issued under any of those provisions, against 

17 a successor of a motor carrier (as defined in section 13102), 

18 a successor of an employer (as defined in section 31132), 

19 or a successor of an owner or operator (as that term is used 

20 in subchapter III of chapter 311), to the same extent and 

21 on the same basis as the Secretary may take the action 

22 against the motor carrier, employer, or owner or operator. 

23 ‘‘(b) SUCCESSOR DEFINED.—For purposes of this sec24 tion, the term ‘successor’ means a motor carrier, employer, 

25 or owner or operator that the Secretary determines, after 


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1 notice and an opportunity for a proceeding, has 1 or more 

2 features that correspond closely with the features of another 

3 existing or former motor carrier, employer, or owner or op4 erator, such as— 

5 ‘‘(1) consideration paid for assets purchased or 

6 transferred; 

7 ‘‘(2) dates of corporate creation and dissolution 

8 or termination of operations; 

9 ‘‘(3) commonality of ownership; 

10 ‘‘(4) commonality of officers and management 

11 personnel and their functions; 

12 ‘‘(5) commonality of drivers and other employ13 ees; 

14 ‘‘(6) identity of physical or mailing addresses, 

15 telephone, fax numbers, or e-mail addresses; 

16 ‘‘(7) identity of motor vehicle equipment; 

17 ‘‘(8) continuity of liability insurance policies; 

18 ‘‘(9) commonality of coverage under liability in19 surance policies; 

20 ‘‘(10) continuation of carrier facilities and other 

21 physical assets; 

22 ‘‘(11) continuity of the nature and scope of oper23 ations, including customers; 

24 ‘‘(12) commonality of the nature and scope of 

25 operations, including customers; 


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1 ‘‘(13) advertising, corporate name, or other acts 

2 through which the motor carrier, employer, or owner 

3 or operator holds itself out to the public; 

4 ‘‘(14) history of safety violations and pending 

5 orders or enforcement actions of the Secretary; and 

6 ‘‘(15) additional factors that the Secretary con7 siders appropriate. 

8 ‘‘(c) EFFECTIVE DATE.—Notwithstanding any other 

9 provision of law, this section shall apply to any action com10 menced on or after the date of enactment of the Commercial 

11 Motor Vehicle Safety Enhancement Act of 2011 without re12 gard to whether the violation that is the subject of the ac13 tion, or the conduct that caused the violation, occurred be14 fore the date of enactment. 

15 ‘‘(d) RIGHTS NOT AFFECTED.—Nothing in this section 

16 shall affect the rights, functions, or responsibilities under 

17 law of any other Department, Agency, or instrumentality 

18 of the United States, the laws of any State, or any rights 

19 between a private party and a motor carrier, employer, or 

20 owner or operator.’’. 

21 (b) CONFORMING AMENDMENT.—The analysis of chap22 ter 311 is amended by inserting after the item related to 

23 section 31152, as added by section 508 of this Act, the fol24 lowing: 

‘‘31153. Federal successor standard.’’. 


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1 TITLE II—COMMERCIAL MOTOR 

2 VEHICLE SAFETY 

3 SEC. 201. REPEAL OF COMMERCIAL JURISDICTION EXCEP4 TION FOR BROKERS OF MOTOR CARRIERS OF 

5 PASSENGERS. 

6 (a) IN GENERAL.—Section 13506(a) is amended— 

7 (1) by inserting ‘‘or’’ at the end of paragraph 

8 (13); 

9 (2) by striking paragraph (14); and 

10 (3) by redesignating paragraph (15) as para11 graph (14). 

12 (b) CONFORMING AMENDMENT.—Section 13904(a) is 

13 amended by striking ‘‘of property’’ in the first sentence. 

14 SEC. 202. BUS RENTALS AND DEFINITION OF EMPLOYER. 

15 Paragraph (3) of section 31132 is amended to read as 

16 follows: 

17 ‘‘(3) ‘employer’— 

18 ‘‘(A) means a person engaged in a business 

19 affecting interstate commerce that— 

20 ‘‘(i) owns or leases a commercial motor 

21 vehicle in connection with that business, or 

22 assigns an employee to operate the commer23 cial motor vehicle; or 

24 ‘‘(ii) offers for rent or lease a motor ve25 hicle designed or used to transport more 


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1 than 8 passengers, including the driver, and 

2 from the same location or as part of the 

3 same business provides names or contact in4 formation of drivers, or holds itself out to 

5 the public as a charter bus company; but 

6 ‘‘(B) does not include the Government, a 

7 State, or a political subdivision of a State.’’. 

8 SEC. 203. CRASHWORTHINESS STANDARDS. 

9 (a) IN GENERAL.—Not later than 18 months after the 

10 date of enactment of this Act, the Secretary shall conduct 

11 a comprehensive analysis on the need for crashworthiness 

12 standards on property-carrying commercial motor vehicles 

13 with a gross vehicle weight rating or gross vehicle weight 

14 of at least 26,001 pounds involved in interstate commerce, 

15 including an evaluation of the need for roof strength, pillar 

16 strength, air bags, and frontal and back wall standards. 

17 (b) REPORT.—Not later than 90 days after completing 

18 the comprehensive analysis under subsection (a), the Sec19 retary shall report the results of the analysis and any rec20 ommendations to the Committee on Commerce, Science, and 

21 Transportation of the Senate and the Committee on Trans22 portation and Infrastructure of the House of Representa23 tives. 


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1 SEC. 204. CANADIAN SAFETY RATING RECIPROCITY. 

2 Section 31144 is amended by adding at the end the 

3 following: 

4 ‘‘(h) RECOGNITION OF CANADIAN MOTOR CARRIER

5 SAFETY FITNESS DETERMINATIONS.— 

6 ‘‘(1) If an authorized agency of the Canadian 

7 federal government or a Canadian Territorial or Pro8 vincial government determines, by applying the pro9 cedure and standards prescribed by the Secretary 

10 under subsection (b) or pursuant to an agreement 

11 under paragraph (2), that a Canadian employer is 

12 unfit and prohibits the employer from operating a 

13 commercial motor vehicle in Canada or any Cana14 dian Province, the Secretary may prohibit the em15 ployer from operating such vehicle in interstate and 

16 foreign commerce until the authorized Canadian 

17 agency determines that the employer is fit. 

18 ‘‘(2) The Secretary may consult and participate 

19 in negotiations with authorized officials of the Cana20 dian federal government or a Canadian Territorial or 

21 Provincial government, as necessary, to provide recip22 rocal recognition of each country’s motor carrier safe23 ty fitness determinations. An agreement shall provide, 

24 to the maximum extent practicable, that each country 

25 will follow the procedure and standards prescribed by 


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1 the Secretary under subsection (b) in making motor 

2 carrier safety fitness determinations.’’. 

3 SEC. 205. STATE REPORTING OF FOREIGN COMMERCIAL 

4 DRIVER CONVICTIONS. 

5 (a) DEFINITION OF FOREIGN COMMERCIAL DRIVER.— 

6 Section 31301 is amended— 

7 (1) by redesignating paragraphs (10) through 

8 (14) as paragraphs (11) through (15), respectively; 

9 and 

10 (2) by inserting after paragraph (9) the fol11 lowing: 

12 ‘‘(10) ‘foreign commercial driver’ means an indi13 vidual licensed to operate a commercial motor vehicle 

14 by an authority outside the United States, or a cit15 izen of a foreign country who operates a commercial 

16 motor vehicle in the United States.’’. 

17 (b) STATE REPORTING OF CONVICTIONS.—Section 

18 31311(a) is amended by adding after paragraph (21) the 

19 following: 

20 ‘‘(22) The State shall report a conviction of a 

21 foreign commercial driver by that State to the Federal 

22 Convictions and Withdrawal Database, or another in23 formation system designated by the Secretary to 

24 record the convictions. A report shall include— 


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1 ‘‘(A) for a driver holding a foreign commer2 cial driver’s license— 

3 ‘‘(i) each conviction relating to the op4 eration of a commercial motor vehicle; and 

5 ‘‘(ii) a non-commercial motor vehicle; 

6 and 

7 ‘‘(B) for an unlicensed driver or a driver 

8 holding a foreign non-commercial driver’s li9 cense, each conviction for operating a commer10 cial motor vehicle.’’. 

11 SEC. 206. AUTHORITY TO DISQUALIFY FOREIGN COMMER12 CIAL DRIVERS. 

13 Section 31310 is amended by adding at the end the 

14 following: 

15 ‘‘(k) FOREIGN COMMERCIAL DRIVERS.—A foreign 

16 commercial driver shall be subject to disqualification under 

17 this section.’’. 

18 SEC. 207. REVOCATION OF FOREIGN MOTOR CARRIER OP19 ERATING AUTHORITY FOR FAILURE TO PAY 

20 CIVIL PENALTIES. 

21 Section 13905(d)(2), as amended by section 103(a) of 

22 this Act, is amended by inserting ‘‘foreign motor carrier, 

23 foreign motor private carrier,’’ after ‘‘registration of a 

24 motor carrier,’’ each place it appears. 


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1 TITLE III—DRIVER SAFETY 

2 SEC. 301. ELECTRONIC ON-BOARD RECORDING DEVICES. 

3 (a) GENERAL AUTHORITY.—Section 31137 is amend4 ed— 

5 (1) by amending the section heading to read as 

6 follows: 

7 ‘‘§ 31137. Electronic on-board recording devices and 

8 brake maintenance regulations’’; 

9 (2) by redesignating subsection (b) as subsection 

10 (e); and 

11 (3) by amending (a) to read as follows: 

12 ‘‘(a) ELECTRONIC ON-BOARD RECORDING DEVICES.— 

13 Not later than 1 year after the date of enactment of the 

14 Commercial Motor Vehicle Safety Enhancement Act of 

15 2011, the Secretary of Transportation shall prescribe regu16 lations— 

17 ‘‘(1) requiring a commercial motor vehicle in18 volved in interstate commerce and operated by a driv19 er subject to the hours of service and the record of 

20 duty status requirements under part 395 of title 49, 

21 Code of Federal Regulations, be equipped with an 

22 electronic on-board recording device to improve com23 pliance by an operator of a vehicle with hours of serv24 ice regulations prescribed by the Secretary; and 


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1 ‘‘(2) ensuring that an electronic on-board record2 ing device is not used to harass a vehicle operator. 

3 ‘‘(b) ELECTRONIC ON-BOARD RECORDING DEVICE RE4 QUIREMENTS.— 

5 ‘‘(1) IN GENERAL.—The regulations prescribed 

6 under subsection (a) shall— 

7 ‘‘(A) require an electronic on-board record8 ing device— 

9 ‘‘(i) to accurately record commercial 

10 driver hours of service; 

11 ‘‘(ii) to record the location of a com12 mercial motor vehicle; 

13 ‘‘(iii) to be tamper resistant; and 

14 ‘‘(iv) to be integrally synchronized 

15 with an engine’s control module; 

16 ‘‘(B) allow law enforcement to access the 

17 data contained in the device during a roadside 

18 inspection; and 

19 ‘‘(C) apply to a commercial motor vehicle 

20 beginning on the date that is 2 years after the 

21 date that the regulations are published as a final 

22 rule. 

23 ‘‘(2) PERFORMANCE AND DESIGN STANDARDS.— 

24 The regulations prescribed under subsection (a) shall 

25 establish performance standards— 


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1 ‘‘(A) defining a standardized user interface 

2 to aid vehicle operator compliance and law en3 forcement review; 

4 ‘‘(B) establishing a secure process for stand5 ardized— 

6 ‘‘(i) and unique vehicle operator iden7 tification; 

8 ‘‘(ii) data access; 

9 ‘‘(iii) data transfer for vehicle opera10 tors between motor vehicles; 

11 ‘‘(iv) data storage for a motor carrier; 

12 and 

13 ‘‘(v) data transfer and transportability 

14 for law enforcement officials; 

15 ‘‘(C) establishing a standard security level 

16 for an electronic on-board recording device and 

17 related components to be tamper resistant by 

18 using a methodology endorsed by a nationally 

19 recognized standards organization; and 

20 ‘‘(D) identifying each driver subject to the 

21 hours of service and record of duty status re22 quirements under part 395 of title 49, Code of 

23 Federal Regulations. 

24 ‘‘(c) CERTIFICATION CRITERIA.— 


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1 ‘‘(1) IN GENERAL.—The regulations prescribed 

2 by the Secretary under this section shall establish the 

3 criteria and a process for the certification of an elec4 tronic on-board recording device to ensure that the de5 vice meets the performance requirements under this 

6 section. 

7 ‘‘(2) EFFECT OF NONCERTIFICATION.—An elec8 tronic on-board recording device that is not certified 

9 in accordance with the certification process referred to 

10 in paragraph (1) shall not be acceptable evidence of 

11 hours of service and record of duty status require12 ments under part 395 of title 49, Code of Federal 

13 Regulations. 

14 ‘‘(d) ELECTRONIC ON-BOARD RECORDING DEVICE DE15 FINED.—In this section, the term ‘electronic on-board re16 cording device’ means an electronic device that— 

17 ‘‘(1) is capable of recording a driver’s hours of 

18 service and duty status accurately and automatically; 

19 and 

20 ‘‘(2) meets the requirements established by the 

21 Secretary through regulation.’’. 

22 (b) CIVIL PENALTIES.—Section 30165(a)(1) is amend23 ed by striking ‘‘or 30141 through 30147’’ and inserting 

24 ‘‘30141 through 30147, or 31137’’. 


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1 (c) CONFORMING AMENDMENT.—The analysis for 

2 chapter 311 is amended by striking the item relating to sec3 tion 31137 and inserting the following: 

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

4 SEC. 302. SAFETY FITNESS. 

5 (a) SAFETY FITNESS RATING METHODOLOGY.—The 

6 Secretary shall— 

7 (1) incorporate into its Compliance, Safety, Ac8 countability program a safety fitness rating method9 ology that assigns sufficient weight to adverse vehicle 

10 and driver performance based-data that elevate crash 

11 risks to warrant an unsatisfactory rating for a car12 rier; and 

13 (2) ensure that the data to support such assess14 ments is accurate. 

15 (b) INTERIM MEASURES.—Not later than March 31, 

16 2012, the Secretary shall take interim measures to imple17 ment a similar safety fitness rating methodology in its cur18 rent safety rating system if the Compliance, Safety, Ac19 countability program is not fully implemented. 

20 SEC. 303. DRIVER MEDICAL QUALIFICATIONS. 

21 (a) DEADLINE FOR ESTABLISHMENT OF NATIONAL

22 REGISTRY OF MEDICAL EXAMINERS.—Not later than 1 

23 year after the date of enactment of this Act, the Secretary 

24 shall establish a national registry of medical examiners in 


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1 accordance with section 31149(d)(1) of title 49, United 

2 States Code. 

3 (b) EXAMINATION REQUIREMENT FOR NATIONAL REG4 ISTRY OF MEDICAL EXAMINERS.—Section 31149(c)(1)(D) 

5 is amended to read as follows: 

6 ‘‘(D) not later than 1 year after enactment 

7 of the Commercial Motor Vehicle Safety En8 hancement Act of 2011, develop requirements for 

9 a medical examiner to be listed in the national 

10 registry under this section, including— 

11 ‘‘(i) the completion of specific courses 

12 and materials; 

13 ‘‘(ii) certification, including self-cer14 tification, if the Secretary determines that 

15 self-certification is necessary for sufficient 

16 participation in the national registry, to 

17 verify that a medical examiner completed 

18 specific training, including refresher 

19 courses, that the Secretary determines nec20 essary to be listed in the national registry; 

21 ‘‘(iii) an examination that requires a 

22 passing grade; and 

23 ‘‘(iv) demonstration of a medical ex24 aminer’s willingness to meet the reporting 

25 requirements established by the Secretary;’’. 


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1 (c) ADDITIONAL OVERSIGHT OF LICENSING AUTHORI2 TIES.— 

3 (1) IN GENERAL.—Section 31149(c)(1) is amend4 ed— 

5 (A) in subparagraph (E), by striking ‘‘and’’ 

6 after the semicolon; 

7 (B) in subparagraph (F), by striking the 

8 period at the end and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(G) annually review the implementation of 

11 commercial driver’s license requirements by not 

12 fewer than 10 States to assess the accuracy, va13 lidity, and timeliness of— 

14 ‘‘(i) the submission of physical exam15 ination reports and medical certificates to 

16 State licensing agencies; and 

17 ‘‘(ii) the processing of the submissions 

18 by State licensing agencies.’’. 

19 (2) INTERNAL OVERSIGHT POLICY.— 

20 (A) IN GENERAL.—Not later than 2 years 

21 after the date of enactment of this Act, the Sec22 retary shall establish an oversight policy and 

23 procedure to carry out section 31149(c)(1)(G) of 

24 title 49, United States Code, as added by section 

25 303(c)(1) of this Act. 


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1 (B) EFFECTIVE DATE.—The amendments 

2 made by section 303(c)(1) of this Act shall take 

3 effect on the date the oversight policies and pro4 cedures are established pursuant to subpara5 graph (A). 

6 (d) ELECTRONIC FILING OF MEDICAL EXAMINATION

7 CERTIFICATES.—Section 31311(a), as amended by sections 

8 205(b) and 306(b) of this Act, is amended by adding at 

9 the end the following: 

10 ‘‘(24) Not later than 1 year after the date of en11 actment of the Commercial Motor Vehicle Safety En12 hancement Act of 2011, the State shall establish and 

13 maintain, as part of its driver information system, 

14 the capability to receive an electronic copy of a med15 ical examiner’s certificate, from a certified medical 

16 examiner, for each holder of a commercial driver’s li17 cense issued by the State who operates or intends to 

18 operate in interstate commerce.’’. 

19 (e) FUNDING.— 

20 (1) AUTHORIZATION OF APPROPRIATIONS.—Of 

21 the funds provided for Data and Technology Grants 

22 under section 31104(a) of title 49, United States 

23 Code, there are authorized to be appropriated from 

24 the Highway Trust Fund (other than the Mass Tran25 sit Account) for the Secretary to make grants to 


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1 States or an organization representing agencies and 

2 officials of the States to support development costs of 

3 the information technology needed to carry out section 

4 31311(a)(24) of title 49, United States Code, up to $1 

5 million for fiscal year 2012 and up to $1 million for 

6 fiscal year 2013. 

7 (2) PERIOD OF AVAILABILITY.—The amounts 

8 made available under this subsection shall remain 

9 available until expended. 

10 SEC. 304. COMMERCIAL DRIVER’S LICENSE NOTIFICATION 

11 SYSTEM. 

12 (a) IN GENERAL.—Section 31304 is amended— 

13 (1) by striking ‘‘An employer’’ and inserting the 

14 following: 

15 ‘‘(a) IN GENERAL.—An employer’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(b) DRIVER VIOLATION RECORDS.— 

18 ‘‘(1) PERIODIC REVIEW.—Except as provided in 

19 paragraph (3), an employer shall ascertain the driv20 ing record of each driver it employs— 

21 ‘‘(A) by making an inquiry at least once 

22 every 12 months to the appropriate State agency 

23 in which the driver held or holds a commercial 

24 driver’s license or permit during such time pe25 riod; 


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1 ‘‘(B) by receiving occurrence-based reports 

2 of changes in the status of a driver’s record from 

3 1 or more driver record notification systems that 

4 meet minimum standards issued by the Sec5 retary; or 

6 ‘‘(C) by a combination of inquiries to States 

7 and reports from driver record notification sys8 tems. 

9 ‘‘(2) RECORD KEEPING.—A copy of the reports 

10 received under paragraph (1) shall be maintained in 

11 the driver’s qualification file. 

12 ‘‘(3) EXCEPTIONS TO RECORD REVIEW REQUIRE13 MENT.—Paragraph (1) shall not apply to a driver 

14 employed by an employer who, in any 7-day period, 

15 is employed or used as a driver by more than 1 em16 ployer— 

17 ‘‘(A) if the employer obtains the driver’s 

18 identification number, type, and issuing State of 

19 the driver’s commercial motor vehicle license; or 

20 ‘‘(B) if the information described in sub21 paragraph (A) is furnished by another employer 

22 and the employer that regularly employs the 

23 driver meets the other requirements under this 

24 section. 


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1 ‘‘(4) DRIVER RECORD NOTIFICATION SYSTEM DE2 FINED.—In this section, the term ‘driver record noti3 fication system’ means a system that automatically 

4 furnishes an employer with a report, generated by the 

5 appropriate agency of a State, on the change in the 

6 status of an employee’s driver’s license due to a con7 viction for a moving violation, a failure to appear, 

8 an accident, driver’s license suspension, driver’s li9 cense revocation, or any other action taken against 

10 the driving privilege.’’. 

11 (b) STANDARDS FOR DRIVER RECORD NOTIFICATION

12 SYSTEMS.—Not later than 1 year after the date of enact13 ment of this Act, the Secretary shall issue minimum stand14 ards for driver notification systems, including standards for 

15 the accuracy, consistency, and completeness of the informa16 tion provided. 

17 (c) PLAN FOR NATIONAL NOTIFICATION SYSTEM.— 

18 (1) DEVELOPMENT.—Not later than 2 years after 

19 the date of enactment of this Act, the Secretary shall 

20 develop recommendations and a plan for the develop21 ment and implementation of a national driver record 

22 notification system, including— 

23 (A) an assessment of the merits of achieving 

24 a national system by expanding the Commercial 

25 Driver’s License Information System; and 


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1 (B) an estimate of the fees that an employer 

2 will be charged to offset the operating costs of the 

3 national system. 

4 (2) SUBMISSION TO CONGRESS.—Not later than 

5 90 days after the recommendations and plan are de6 veloped under paragraph (1), the Secretary shall sub7 mit a report on the recommendations and plan to the 

8 Committee on Commerce, Science, and Transpor9 tation of the Senate and the Committee on Transpor10 tation and Infrastructure of the House of Representa11 tives. 

12 SEC. 305. COMMERCIAL MOTOR VEHICLE OPERATOR TRAIN13 ING. 

14 (a) IN GENERAL.—Section 31305 is amended by add15 ing at the end the following: 

16 ‘‘(c) STANDARDS FOR TRAINING.—Not later than 6 

17 months after the date of enactment of the Commercial Motor 

18 Vehicle Safety Enhancement Act of 2011, the Secretary 

19 shall issue final regulations establishing minimum entry20 level training requirements for an individual operating a 

21 commercial motor vehicle— 

22 ‘‘(1) addressing the knowledge and skills that— 

23 ‘‘(A) are necessary for an individual oper24 ating a commercial motor vehicle to safely oper25 ate a commercial motor vehicle; and 


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1 ‘‘(B) must be acquired before obtaining a 

2 commercial driver’s license for the first time or 

3 upgrading from one class of commercial driver’s 

4 license to another class; 

5 ‘‘(2) addressing the specific training needs of a 

6 commercial motor vehicle operator seeking passenger 

7 or hazardous materials endorsements, including for 

8 an operator seeking a passenger endorsement train9 ing— 

10 ‘‘(A) to suppress motorcoach fires; and 

11 ‘‘(B) to evacuate passengers from 

12 motorcoaches safely; 

13 ‘‘(3) requiring effective instruction to acquire the 

14 knowledge, skills, and training referred to in para15 graphs (1) and (2), including classroom and behind16 the-wheel instruction; 

17 ‘‘(4) requiring certification that an individual 

18 operating a commercial motor vehicle meets the re19 quirements established by the Secretary; and 

20 ‘‘(5) requiring a training provider (including a 

21 public or private driving school, motor carrier, or 

22 owner or operator of a commercial motor vehicle) that 

23 offers training that results in the issuance of a certifi24 cation to an individual under paragraph (4) to dem25 onstrate that the training meets the requirements of 


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1 the regulations, through a process established by the 

2 Secretary.’’. 

3 (b) COMMERCIAL DRIVER’S LICENSE UNIFORM STAND4 ARDS.—Section 31308(1) is amended to read as follows: 

5 ‘‘(1) an individual issued a commercial driver’s 

6 license— 

7 ‘‘(A) pass written and driving tests for the 

8 operation of a commercial motor vehicle that 

9 comply with the minimum standards prescribed 

10 by the Secretary under section 31305(a); and 

11 ‘‘(B) present certification of completion of 

12 driver training that meets the requirements es13 tablished by the Secretary under section 

14 31305(c);’’. 

15 (c) CONFORMING AMENDMENT.—The section heading 

16 for section 31305 is amended to read as follows: 

17 ‘‘§ 31305. General driver fitness, testing, and train18 ing’’. 

19 (d) CONFORMING AMENDMENT.—The analysis for 

20 chapter 313 is amended by striking the item relating to sec21 tion 31305 and inserting the following: 

‘‘31305. General driver fitness, testing, and training.’’. 

22 SEC. 306. COMMERCIAL DRIVER’S LICENSE PROGRAM. 

23 (a) IN GENERAL.—Section 31309 is amended— 

24 (1) in subsection (e)(4), by amending subpara25 graph (A) to read as follows: 


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1 ‘‘(A) IN GENERAL.—The plan shall speci2 fy— 

3 ‘‘(i) a date by which all States shall be 

4 operating commercial driver’s license infor5 mation systems that are compatible with the 

6 modernized information system under this 

7 section; and 

8 ‘‘(ii) that States must use the systems 

9 to receive and submit conviction and dis10 qualification data.’’; and 

11 (2) in subsection (f), by striking ‘‘use’’ and in12 serting ‘‘use, subject to section 31313(a),’’. 

13 (b) REQUIREMENTS FOR STATE PARTICIPATION.—Sec14 tion 31311 is amended— 

15 (1) in subsection (a), as amended by section 

16 205(b) of this Act— 

17 (A) in paragraph (5), by striking ‘‘At least’’ 

18 and all that follows through ‘‘regulation),’’ and 

19 inserting: ‘‘Not later than the time period pre20 scribed by the Secretary by regulation,’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(23) Not later than 1 year after the date of en23 actment of the Commercial Motor Vehicle Safety En24 hancement Act of 2011, the State shall implement a 

25 system and practices for the exclusive electronic exVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6203 E:\BILLS\S1950.RS S1950

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1 change of driver history record information on the 

2 system the Secretary maintains under section 31309, 

3 including the posting of convictions, withdrawals, 

4 and disqualifications.’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(d) CRITICAL REQUIREMENTS.— 

7 ‘‘(1) IDENTIFICATION OF CRITICAL REQUIRE8 MENTS.—After reviewing the requirements under sub9 section (a), including the regulations issued pursuant 

10 to subsection (a) and section 31309(e)(4), the Sec11 retary shall identify the requirements that are critical 

12 to an effective State commercial driver’s license pro13 gram. 

14 ‘‘(2) GUIDANCE.—Not later than 180 days after 

15 the date of enactment of the Commercial Motor Vehi16 cle Safety Enhancement Act of 2011, the Secretary 

17 shall issue guidance to assist States in complying 

18 with the critical requirements identified under para19 graph (1). The guidance shall include a description of 

20 the actions that each State must take to collect and 

21 share accurate and complete data in a timely man22 ner. 

23 ‘‘(e) STATE COMMERCIAL DRIVER’S LICENSE PRO24 GRAM PLAN.— 


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1 ‘‘(1) IN GENERAL.—Not later than 180 days 

2 after the Secretary issues guidance under subsection 

3 (d)(2), a State shall submit a plan to the Secretary 

4 for complying with the requirements under this sec5 tion during the period beginning on the date the plan 

6 is submitted and ending on September 30, 2016. 

7 ‘‘(2) CONTENTS.—A plan submitted by a State 

8 under paragraph (1) shall identify— 

9 ‘‘(A) the actions that the State will take to 

10 comply with the critical requirements identified 

11 under subsection (d)(1); 

12 ‘‘(B) the actions that the State will take to 

13 address any deficiencies in the State’s commer14 cial driver’s license program, as identified by the 

15 Secretary in the most recent audit of the pro16 gram; and 

17 ‘‘(C) other actions that the State will take 

18 to comply with the requirements under sub19 section (a). 

20 ‘‘(3) PRIORITY.— 

21 ‘‘(A) IMPLEMENTATION SCHEDULE.—A plan 

22 submitted by a State under paragraph (1) shall 

23 include a schedule for the implementation of the 

24 actions identified under paragraph (2). In estab25 lishing the schedule, the State shall prioritize the 


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1 actions identified under paragraphs (2)(A) and 

2 (2)(B). 

3 ‘‘(B) DEADLINE FOR COMPLIANCE WITH

4 CRITICAL REQUIREMENTS.—A plan submitted by 

5 a State under paragraph (1) shall include assur6 ances that the State will take the necessary ac7 tions to comply with the critical requirements 

8 pursuant to subsection (d) not later than Sep9 tember 30, 2015. 

10 ‘‘(4) APPROVAL AND DISAPPROVAL.—The Sec11 retary shall— 

12 ‘‘(A) review each plan submitted under 

13 paragraph (1); 

14 ‘‘(B) approve a plan that the Secretary de15 termines meets the requirements under this sub16 section and promotes the goals of this chapter; 

17 and 

18 ‘‘(C) disapprove a plan that the Secretary 

19 determines does not meet the requirements or 

20 does not promote the goals. 

21 ‘‘(5) MODIFICATION OF DISAPPROVED PLANS.—If 

22 the Secretary disapproves a plan under paragraph 

23 (4)(C), the Secretary shall— 

24 ‘‘(A) provide a written explanation of the 

25 disapproval to the State; and 


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1 ‘‘(B) allow the State to modify the plan and 

2 resubmit it for approval. 

3 ‘‘(6) PLAN UPDATES.—The Secretary may re4 quire a State to review and update a plan, as appro5 priate. 

6 ‘‘(f) ANNUAL COMPARISON OF STATE LEVELS OF COM7 PLIANCE.—The Secretary shall annually— 

8 ‘‘(1) compare the relative levels of compliance by 

9 States with the requirements under subsection (a); 

10 and 

11 ‘‘(2) make the results of the comparison available 

12 to the public.’’. 

13 (c) DECERTIFICATION AUTHORITY.—Section 31312 is 

14 amended— 

15 (1) by redesignating subsections (b) and (c) as 

16 subsections (c) and (d), respectively; and 

17 (2) by inserting after subsection (a) the fol18 lowing: 

19 ‘‘(b) DEADLINE FOR COMPLIANCE WITH CRITICAL RE20 QUIREMENTS.—Beginning on October 1, 2016, in making 

21 a determination under subsection (a), the Secretary shall 

22 consider a State to be in substantial noncompliance with 

23 this chapter if the Secretary determines that— 

24 ‘‘(1) the State is not complying with a critical 

25 requirement under section 31311(d)(1); and 


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1 ‘‘(2) sufficient grant funding was made available 

2 to the State under section 31313(a) to comply with 

3 the requirement.’’. 

4 SEC. 307. COMMERCIAL DRIVER’S LICENSE REQUIREMENTS. 

5 (a) LICENSING STANDARDS.—Section 31305(a)(7) is 

6 amended by inserting ‘‘would not be subject to a disquali7 fication under section 31310(g) of this title and’’ after ‘‘tak8 ing the tests’’. 

9 (b) DISQUALIFICATIONS.—Section 31310(g)(1) is 

10 amended by deleting ‘‘who holds a commercial driver’s li11 cense and’’. 

12 SEC. 308. COMMERCIAL MOTOR VEHICLE DRIVER INFORMA13 TION SYSTEMS. 

14 Section 31106(c) is amended— 

15 (1) by striking the subsection heading and in16 serting ‘‘(1) IN GENERAL.—’’; 

17 (2) by redesignating paragraphs (1) through (4) 

18 as subparagraphs (A) through (D); and 

19 (3) by adding at the end the following: 

20 ‘‘(2) ACCESS TO RECORDS.—The Secretary may 

21 require a State, as a condition of an award of grant 

22 money under this section, to provide the Secretary ac23 cess to all State licensing status and driver history 

24 records via an electronic information system, subject 

25 to section 2721 of title 18.’’. 


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1 SEC. 309. DISQUALIFICATIONS BASED ON NON-COMMER2 CIAL MOTOR VEHICLE OPERATIONS. 

3 (a) FIRST OFFENSE.—Section 31310(b)(1)(D) is 

4 amended by deleting ‘‘commercial’’ after ‘‘revoked, sus5 pended, or canceled based on the individual’s operation of 

6 a,’’ and before ‘‘motor vehicle’’. 

7 (b) SECOND OFFENSE.—Section 31310(c)(1)(D) is 

8 amended by deleting ‘‘commercial’’ after ‘‘revoked, sus9 pended, or canceled based on the individual’s operation of 

10 a,’’ and before ‘‘motor vehicle’’. 

11 SEC. 310. FEDERAL DRIVER DISQUALIFICATIONS. 

12 (a) DISQUALIFICATION DEFINED.—Section 31301, as 

13 amended by section 205 of this Act, is amended— 

14 (1) by redesignating paragraphs (6) through (15) 

15 as paragraphs (7) through (16), respectively; and 

16 (2) by inserting after paragraph (5) the fol17 lowing: 

18 ‘‘(6) ‘Disqualification’ means— 

19 ‘‘(A) the suspension, revocation, or cancella20 tion of a commercial driver’s license by the State 

21 of issuance; 

22 ‘‘(B) a withdrawal of an individual’s privi23 lege to drive a commercial motor vehicle by a 

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1 hicle traffic control, except for a parking, vehicle 

2 weight, or vehicle defect violation; 

3 ‘‘(C) a determination by the Secretary that 

4 an individual is not qualified to operate a com5 mercial motor vehicle; or 

6 ‘‘(D) a determination by the Secretary that 

7 a commercial motor vehicle driver is unfit under 

8 section 31144(g).’’. 

9 (b) COMMERCIAL DRIVER’S LICENSE INFORMATION

10 SYSTEM CONTENTS.—Section 31309(b)(1)(F) is amended 

11 by inserting after ‘‘disqualified’’ the following: ‘‘by the State 

12 that issued the individual a commercial driver’s license, or 

13 by the Secretary,’’. 

14 (c) STATE ACTION ON FEDERAL DISQUALIFICATION.— 

15 Section 31310(h) is amended by inserting after the first sen16 tence the following: 

17 ‘‘If the State has not disqualified the individual from 

18 operating a commercial vehicle under subsections (b) 

19 through (g), the State shall disqualify the individual if the 

20 Secretary determines under section 31144(g) that the indi21 vidual is disqualified from operating a commercial motor 

22 vehicle.’’. 

23 SEC. 311. EMPLOYER RESPONSIBILITIES. 

24 Section 31304, as amended by section 304 of this Act, 

25 is amended in subsection (a)— 


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1 (1) by striking ‘‘knowingly’’; and 

2 (2) by striking ‘‘in which’’ and inserting ‘‘that 

3 the employer knows or should reasonably know that’’. 

4 TITLE IV—SAFE ROADS ACT OF 

5 2011 

6 SEC. 401. SHORT TITLE. 

7 This title may be cited as the ‘‘Safe Roads Act of 

8 2011’’. 

9 SEC. 402. NATIONAL CLEARINGHOUSE FOR CONTROLLED 

10 SUBSTANCE AND ALCOHOL TEST RESULTS OF 

11 COMMERCIAL MOTOR VEHICLE OPERATORS. 

12 (a) IN GENERAL.—Chapter 313 is amended— 

13 (1) in section 31306(a), by inserting ‘‘and sec14 tion 31306a’’ after ‘‘this section’’; and 

15 (2) by inserting after section 31306 the fol16 lowing: 

17 ‘‘§ 31306a. National clearinghouse for controlled sub18 stance and alcohol test results of commer19 cial motor vehicle operators 

20 ‘‘(a) ESTABLISHMENT.— 

21 ‘‘(1) IN GENERAL.—Not later than 2 years after 

22 the date of enactment of the Safe Roads Act of 2011, 

23 the Secretary of Transportation shall establish a na24 tional clearinghouse for records relating to alcohol 


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1 and controlled substances testing of commercial motor 

2 vehicle operators. 

3 ‘‘(2) PURPOSES.—The purposes of the clearing4 house shall be— 

5 ‘‘(A) to improve compliance with the De6 partment of Transportation’s alcohol and con7 trolled substances testing program applicable to 

8 commercial motor vehicle operators; 

9 ‘‘(B) to facilitate access to information 

10 about an individual before employing the indi11 vidual as a commercial motor vehicle operator; 

12 ‘‘(C) to enhance the safety of our United 

13 States roadways by reducing accident fatalities 

14 involving commercial motor vehicles; and 

15 ‘‘(D) to reduce the number of impaired com16 mercial motor vehicle operators. 

17 ‘‘(3) CONTENTS.—The clearinghouse shall func18 tion as a repository for records relating to the positive 

19 test results and test refusals of commercial motor ve20 hicle operators and violations by such operators of 

21 prohibitions set forth in subpart B of part 382 of title 

22 49, Code of Federal Regulations (or any subsequent 

23 corresponding regulations). 

24 ‘‘(4) ELECTRONIC EXCHANGE OF RECORDS.—The 

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1 cally submitted to, and requested from, the clearing2 house by authorized users. 

3 ‘‘(5) AUTHORIZED OPERATOR.—The Secretary 

4 may authorize a qualified and experienced private 

5 entity to operate and maintain the clearinghouse and 

6 to collect fees on behalf of the Secretary under sub7 section (e). The entity shall establish, operate, main8 tain and expand the clearinghouse and permit access 

9 to driver information and records from the clearing10 house in accordance with this section. 

11 ‘‘(b) DESIGN OF CLEARINGHOUSE.— 

12 ‘‘(1) USE OF FEDERAL MOTOR CARRIER SAFETY

13 ADMINISTRATION RECOMMENDATIONS.—In estab14 lishing the clearinghouse, the Secretary shall con15 sider— 

16 ‘‘(A) the findings and recommendations 

17 contained in the Federal Motor Carrier Safety 

18 Administration’s March 2004 report to Congress 

19 required under section 226 of the Motor Carrier 

20 Safety Improvement Act of 1999 (49 U.S.C. 

21 31306 note); and 

22 ‘‘(B) the findings and recommendations 

23 contained in the Government Accountability Of24 fice’s May 2008 report to Congress entitled 

25 ‘Motor Carrier Safety: Improvements to Drug 


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1 Testing Programs Could Better Identify Illegal 

2 Drug Users and Keep Them off the Road.’. 

3 ‘‘(2) DEVELOPMENT OF SECURE PROCESSES.—In 

4 establishing the clearinghouse, the Secretary shall de5 velop a secure process for— 

6 ‘‘(A) administering and managing the 

7 clearinghouse in compliance with applicable 

8 Federal security standards; 

9 ‘‘(B) registering and authenticating author10 ized users of the clearinghouse; 

11 ‘‘(C) registering and authenticating persons 

12 required to report to the clearinghouse under 

13 subsection (g); 

14 ‘‘(D) preventing the unauthorized access of 

15 information from the clearinghouse; 

16 ‘‘(E) storing and transmitting data; 

17 ‘‘(F) persons required to report to the clear18 inghouse under subsection (g) to timely and ac19 curately submit electronic data to the clearing20 house; 

21 ‘‘(G) generating timely and accurate reports 

22 from the clearinghouse in response to requests for 

23 information by authorized users; and 


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1 ‘‘(H) updating an individual’s record upon 

2 completion of the return-to-duty process de3 scribed in title 49, Code of Federal Regulations. 

4 ‘‘(3) EMPLOYER ALERT OF POSITIVE TEST RE5 SULT.—In establishing the clearinghouse, the Sec6 retary shall develop a secure method for electronically 

7 notifying an employer of each additional positive test 

8 result or other noncompliance— 

9 ‘‘(A) for an employee, that is entered into 

10 the clearinghouse during the 7-day period imme11 diately following an employer’s inquiry about 

12 the employee; and 

13 ‘‘(B) for an employee who is listed as hav14 ing multiple employers. 

15 ‘‘(4) ARCHIVE CAPABILITY.—In establishing the 

16 clearinghouse, the Secretary shall develop a process 

17 for archiving all clearinghouse records, including the 

18 depositing of personal records, records relating to each 

19 individual in the database, and access requests for 

20 personal records, for the purposes of— 

21 ‘‘(A) auditing and evaluating the timeli22 ness, accuracy, and completeness of data in the 

23 clearinghouse; and 

24 ‘‘(B) auditing to monitor compliance and 

25 enforce penalties for noncompliance. 


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1 ‘‘(5) FUTURE NEEDS.— 

2 ‘‘(A) INTEROPERABILITY WITH OTHER DATA

3 SYSTEMS.—In establishing the clearinghouse, the 

4 Secretary shall consider— 

5 ‘‘(i) the existing data systems con6 taining regulatory and safety data for com7 mercial motor vehicle operators; 

8 ‘‘(ii) the efficacy of using or combining 

9 clearinghouse data with 1 or more of such 

10 systems; and 

11 ‘‘(iii) the potential interoperability of 

12 the clearinghouse with such systems. 

13 ‘‘(B) SPECIFIC CONSIDERATIONS.—In car14 rying out subparagraph (A), the Secretary shall 

15 determine— 

16 ‘‘(i) the clearinghouse’s capability for 

17 interoperability with— 

18 ‘‘(I) the National Driver Register 

19 established under section 30302; 

20 ‘‘(II) the Commercial Driver’s Li21 cense Information System established 

22 under section 31309; 

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1 employment screening services under 

2 section 31150; and 

3 ‘‘(IV) other data systems, as ap4 propriate; and 

5 ‘‘(ii) any change to the administration 

6 of the current testing program, such as 

7 forms, that is necessary to collect data for 

8 the clearinghouse. 

9 ‘‘(c) STANDARD FORMATS.—The Secretary shall de10 velop standard formats to be used— 

11 ‘‘(1) by an authorized user of the clearinghouse 

12 to— 

13 ‘‘(A) request a record from the clearing14 house; and 

15 ‘‘(B) obtain the consent of an individual 

16 who is the subject of a request from the clearing17 house, if applicable; and 

18 ‘‘(2) to notify an individual that a positive alco19 hol or controlled substances test result, refusing to 

20 test, and a violation of any of the prohibitions under 

21 subpart B of part 382 of title 49, Code of Federal 

22 Regulations (or any subsequent corresponding regula23 tions), will be reported to the clearinghouse. 

24 ‘‘(d) PRIVACY.—A release of information from the 

25 clearinghouse shall— 


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1 ‘‘(1) comply with applicable Federal privacy 

2 laws, including the fair information practices under 

3 the Privacy Act of 1974 (5 U.S.C. 552a); 

4 ‘‘(2) comply with applicable sections of the Fair 

5 Credit Reporting Act (15 U.S.C. 1681 et seq.); and 

6 ‘‘(3) not be made to any person or entity unless 

7 expressly authorized or required by law. 

8 ‘‘(e) FEES.— 

9 ‘‘(1) AUTHORITY TO COLLECT FEES.—Except as 

10 provided under paragraph (3), the Secretary may col11 lect a reasonable, customary, and nominal fee from 

12 an authorized user of the clearinghouse for a request 

13 for information from the clearinghouse. 

14 ‘‘(2) USE OF FEES.—Fees collected under this 

15 subsection shall be used for the operation and mainte16 nance of the clearinghouse. 

17 ‘‘(3) LIMITATION.—The Secretary may not col18 lect a fee from an individual requesting information 

19 from the clearinghouse that pertains to the record of 

20 that individual. 

21 ‘‘(f) EMPLOYER REQUIREMENTS.— 

22 ‘‘(1) DETERMINATION CONCERNING USE OF

23 CLEARINGHOUSE.—The Secretary shall determine if 

24 an employer is authorized to use the clearinghouse to 

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1 quirements under title 49, Code of Federal Regula2 tions. 

3 ‘‘(2) APPLICABILITY OF EXISTING REQUIRE4 MENTS.—Each employer and service agent shall com5 ply with the alcohol and controlled substances testing 

6 requirements under title 49, Code of Federal Regula7 tions. 

8 ‘‘(3) EMPLOYMENT PROHIBITIONS.—Beginning 

9 30 days after the date that the clearinghouse is estab10 lished under subsection (a), an employer shall not 

11 hire an individual to operate a commercial motor ve12 hicle unless the employer determines that the indi13 vidual, during the preceding 3-year period— 

14 ‘‘(A) if tested for the use of alcohol and con15 trolled substances, as required under title 49, 

16 Code of Federal Regulations— 

17 ‘‘(i) did not test positive for the use of 

18 alcohol or controlled substances in violation 

19 of the regulations; or 

20 ‘‘(ii) tested positive for the use of alco21 hol or controlled substances and completed 

22 the required return-to-duty process under 

23 title 49, Code of Federal Regulations; 


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1 ‘‘(B)(i) did not refuse to take an alcohol or 

2 controlled substance test under title 49, Code of 

3 Federal Regulations; or 

4 ‘‘(ii) refused to take an alcohol or con5 trolled substance test and completed the re6 quired return-to-duty process under title 49, 

7 Code of Federal Regulations; and 

8 ‘‘(C) did not violate any other provision of 

9 subpart B of part 382 of title 49, Code of Fed10 eral Regulations (or any subsequent cor11 responding regulations). 

12 ‘‘(4) ANNUAL REVIEW.—Beginning 30 days after 

13 the date that the clearinghouse is established under 

14 subsection (a), an employer shall request and review 

15 a commercial motor vehicle operator’s record from the 

16 clearinghouse annually for as long as the commercial 

17 motor vehicle operator is under the employ of the em18 ployer. 

19 ‘‘(g) REPORTING OF RECORDS.— 

20 ‘‘(1) IN GENERAL.—Beginning 30 days after the 

21 date that the clearinghouse is established under sub22 section (a), a medical review officer, employer, service 

23 agent, and other appropriate person, as determined 

24 by the Secretary, shall promptly submit to the SecVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6203 E:\BILLS\S1950.RS S1950

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1 retary any record generated after the clearinghouse is 

2 initiated of an individual who— 

3 ‘‘(A) refuses to take an alcohol or controlled 

4 substances test required under title 49, Code of 

5 Federal Regulations; 

6 ‘‘(B) tests positive for alcohol or a controlled 

7 substance in violation of the regulations; or 

8 ‘‘(C) violates any other provision of subpart 

9 B of part 382 of title 49, Code of Federal Regu10 lations (or any subsequent corresponding regula11 tions). 

12 ‘‘(2) INCLUSION OF RECORDS IN CLEARING13 HOUSE.—The Secretary shall include in the clearing14 house the records of positive test results and test refus15 als received under paragraph (1). 

16 ‘‘(3) MODIFICATIONS AND DELETIONS.—If the 

17 Secretary determines that a record contained in the 

18 clearinghouse is not accurate, the Secretary shall 

19 modify or delete the record, as appropriate. 

20 ‘‘(4) NOTIFICATION.—The Secretary shall expedi21 tiously notify an individual, unless such notification 

22 would be duplicative, when— 

23 ‘‘(A) a record relating to the individual is 

24 received by the clearinghouse; 


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1 ‘‘(B) a record in the clearinghouse relating 

2 to the individual is modified or deleted, and in3 clude in the notification the reason for the modi4 fication or deletion; or 

5 ‘‘(C) a record in the clearinghouse relating 

6 to the individual is released to an employer and 

7 specify the reason for the release. 

8 ‘‘(5) DATA QUALITY AND SECURITY STANDARDS

9 FOR REPORTING AND RELEASING.—The Secretary 

10 may establish additional requirements, as appro11 priate, to ensure that— 

12 ‘‘(A) the submission of records to the clear13 inghouse is timely and accurate; 

14 ‘‘(B) the release of data from the clearing15 house is timely, accurate, and released to the ap16 propriate authorized user under this section; and 

17 ‘‘(C) an individual with a record in the 

18 clearinghouse has a cause of action for any inap19 propriate use of information included in the 

20 clearinghouse. 

21 ‘‘(6) RETENTION OF RECORDS.—The Secretary 

22 shall— 

23 ‘‘(A) retain a record submitted to the clear24 inghouse for a 5-year period beginning on the 

25 date the record is submitted; 


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1 ‘‘(B) remove the record from the clearing2 house at the end of the 5-year period, unless the 

3 individual fails to meet a return-to-duty or fol4 low-up requirement under title 49, Code of Fed5 eral Regulations; and 

6 ‘‘(C) retain a record after the end of the 5- 

7 year period in a separate location for archiving 

8 and auditing purposes. 

9 ‘‘(h) AUTHORIZED USERS.— 

10 ‘‘(1) EMPLOYERS.—The Secretary shall establish 

11 a process for an employer to request and receive an 

12 individual’s record from the clearinghouse. 

13 ‘‘(A) CONSENT.—An employer may not ac14 cess an individual’s record from the clearing15 house unless the employer— 

16 ‘‘(i) obtains the prior written or elec17 tronic consent of the individual for access to 

18 the record; and 

19 ‘‘(ii) submits proof of the individual’s 

20 consent to the Secretary. 

21 ‘‘(B) ACCESS TO RECORDS.—After receiving 

22 a request from an employer for an individual’s 

23 record under subparagraph (A), the Secretary 

24 shall grant access to the individual’s record to 

25 the employer as expeditiously as practicable. 


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1 ‘‘(C) RETENTION OF RECORD REQUESTS.— 

2 The Secretary shall require an employer to re3 tain for a 3-year period— 

4 ‘‘(i) a record of each request made by 

5 the employer for records from the clearing6 house; and 

7 ‘‘(ii) the information received pursuant 

8 to the request. 

9 ‘‘(D) USE OF RECORDS.—An employer may 

10 use an individual’s record received from the 

11 clearinghouse only to assess and evaluate the 

12 qualifications of the individual to operate a com13 mercial motor vehicle for the employer. 

14 ‘‘(E) PROTECTION OF PRIVACY OF INDIVID15 UALS.—An employer that receives an individ16 ual’s record from the clearinghouse under sub17 paragraph (B) shall— 

18 ‘‘(i) protect the privacy of the indi19 vidual and the confidentiality of the record; 

20 and 

21 ‘‘(ii) ensure that information con22 tained in the record is not divulged to a 

23 person or entity that is not directly in24 volved in assessing and evaluating the 


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1 qualifications of the individual to operate a 

2 commercial motor vehicle for the employer. 

3 ‘‘(2) STATE LICENSING AUTHORITIES.—The Sec4 retary shall establish a process for the chief commer5 cial driver’s licensing official of a State to request 

6 and receive an individual’s record from the clearing7 house if the individual is applying for a commercial 

8 driver’s license from the State. 

9 ‘‘(A) CONSENT.—The Secretary may grant 

10 access to an individual’s record in the clearing11 house under this paragraph without the prior 

12 written or electronic consent of the individual. 

13 An individual who holds a commercial driver’s 

14 license shall be deemed to consent to such access 

15 by obtaining a commercial driver’s license. 

16 ‘‘(B) PROTECTION OF PRIVACY OF INDIVID17 UALS.—A chief commercial driver’s licensing of18 ficial of a State that receives an individual’s 

19 record from the clearinghouse under this para20 graph shall— 

21 ‘‘(i) protect the privacy of the indi22 vidual and the confidentiality of the record; 

23 and 

24 ‘‘(ii) ensure that the information in the 

25 record is not divulged to any person that is 


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1 not directly involved in assessing and evalu2 ating the qualifications of the individual to 

3 operate a commercial motor vehicle. 

4 ‘‘(3) NATIONAL TRANSPORTATION SAFETY

5 BOARD.—The Secretary shall establish a process for 

6 the National Transportation Safety Board to request 

7 and receive an individual’s record from the clearing8 house if the individual is involved in an accident that 

9 is under investigation by the National Transportation 

10 Safety Board. 

11 ‘‘(A) CONSENT.—The Secretary may grant 

12 access to an individual’s record in the clearing13 house under this paragraph without the prior 

14 written or electronic consent of the individual. 

15 An individual who holds a commercial driver’s 

16 license shall be deemed to consent to such access 

17 by obtaining a commercial driver’s license. 

18 ‘‘(B) PROTECTION OF PRIVACY OF INDIVID19 UALS.—An official of the National Transpor20 tation Safety Board that receives an individual’s 

21 record from the clearinghouse under this para22 graph shall— 

23 ‘‘(i) protect the privacy of the indi24 vidual and the confidentiality of the record; 

25 and 


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1 ‘‘(ii) unless the official determines that 

2 the information in the individual’s record 

3 should be reported under section 1131(e), 

4 ensure that the information in the record is 

5 not divulged to any person that is not di6 rectly involved with investigating the acci7 dent. 

8 ‘‘(4) ADDITIONAL AUTHORIZED USERS.—The 

9 Secretary shall consider whether to grant access to the 

10 clearinghouse to additional users. The Secretary may 

11 authorize access to an individual’s record from the 

12 clearinghouse to an additional user if the Secretary 

13 determines that granting access will further the pur14 poses under subsection (a)(2). In determining whether 

15 the access will further the purposes under subsection 

16 (a)(2), the Secretary shall consider, among other 

17 things— 

18 ‘‘(A) what use the additional user will make 

19 of the individual’s record; 

20 ‘‘(B) the costs and benefits of the use; and 

21 ‘‘(C) how to protect the privacy of the indi22 vidual and the confidentiality of the record. 

23 ‘‘(i) ACCESS TO CLEARINGHOUSE BY INDIVIDUALS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall establish 

2 a process for an individual to request and receive in3 formation from the clearinghouse— 

4 ‘‘(A) to determine whether the clearinghouse 

5 contains a record pertaining to the individual; 

6 ‘‘(B) to verify the accuracy of a record; 

7 ‘‘(C) to update an individual’s record, in8 cluding completing the return-to-duty process de9 scribed in title 49, Code of Federal Regulations; 

10 and 

11 ‘‘(D) to determine whether the clearinghouse 

12 received requests for the individual’s informa13 tion. 

14 ‘‘(2) DISPUTE PROCEDURE.—The Secretary shall 

15 establish a procedure, including an appeal process, for 

16 an individual to dispute and remedy an administra17 tive error in the individual’s record. 

18 ‘‘(j) PENALTIES.— 

19 ‘‘(1) IN GENERAL.—An employer, employee, med20 ical review officer, or service agent who violates any 

21 provision of this section shall be subject to civil pen22 alties under section 521(b)(2)(C) and criminal pen23 alties under section 521(b)(6)(B), and any other ap24 plicable civil and criminal penalties, as determined 

25 by the Secretary. 


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1 ‘‘(2) VIOLATION OF PRIVACY.—The Secretary 

2 shall establish civil and criminal penalties, consistent 

3 with paragraph (1), for an authorized user who vio4 lates paragraph (2)(B) or (3)(B) of subsection (h). 

5 ‘‘(k) COMPATIBILITY OF STATE AND LOCAL LAWS.— 

6 ‘‘(1) PREEMPTION.—Except as provided under 

7 paragraph (2), any law, regulation, order, or other 

8 requirement of a State, political subdivision of a 

9 State, or Indian tribe related to a commercial driver’s 

10 license holder subject to alcohol or controlled substance 

11 testing under title 49, Code of Federal Regulations, 

12 that is inconsistent with this section or a regulation 

13 issued pursuant to this section is preempted. 

14 ‘‘(2) APPLICABILITY.—The preemption under 

15 paragraph (1) shall include— 

16 ‘‘(A) the reporting of valid positive results 

17 from alcohol screening tests and drug tests; 

18 ‘‘(B) the refusal to provide a specimen for 

19 an alcohol screening test or drug test; and 

20 ‘‘(C) other violations of subpart B of part 

21 382 of title 49, Code of Federal Regulations (or 

22 any subsequent corresponding regulations). 

23 ‘‘(3) EXCEPTION.—A law, regulation, order, or 

24 other requirement of a State, political subdivision of 

25 a State, or Indian tribe shall not be preempted under 


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1 this subsection to the extent it relates to an action 

2 taken with respect to a commercial motor vehicle op3 erator’s commercial driver’s license or driving record 

4 as a result of the driver’s— 

5 ‘‘(A) verified positive alcohol or drug test 

6 result; 

7 ‘‘(B) refusal to provide a specimen for the 

8 test; or 

9 ‘‘(C) other violations of subpart B of part 

10 382 of title 49, Code of Federal Regulations (or 

11 any subsequent corresponding regulations). 

12 ‘‘(l) DEFINITIONS.—In this section— 

13 ‘‘(1) AUTHORIZED USER.—The term ‘authorized 

14 user’ means an employer, State licensing authority, 

15 National Transportation Safety Board, or other per16 son granted access to the clearinghouse under sub17 section (h). 

18 ‘‘(2) CHIEF COMMERCIAL DRIVER’S LICENSING

19 OFFICIAL.—The term ‘chief commercial driver’s li20 censing official’ means the official in a State who is 

21 authorized to— 

22 ‘‘(A) maintain a record about commercial 

23 driver’s licenses issued by the State; and 

24 ‘‘(B) take action on commercial driver’s li25 censes issued by the State. 


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1 ‘‘(3) CLEARINGHOUSE.—The term ‘clearinghouse’ 

2 means the clearinghouse established under subsection 

3 (a). 

4 ‘‘(4) COMMERCIAL MOTOR VEHICLE OPERATOR.— 

5 The term ‘commercial motor vehicle operator’ means 

6 an individual who— 

7 ‘‘(A) possesses a valid commercial driver’s 

8 license issued in accordance with section 31308; 

9 and 

10 ‘‘(B) is subject to controlled substances and 

11 alcohol testing under title 49, Code of Federal 

12 Regulations. 

13 ‘‘(5) EMPLOYER.—The term ‘employer’ means a 

14 person or entity employing, or seeking to employ, 1 

15 or more employees (including an individual who is 

16 self-employed) to be commercial motor vehicle opera17 tors. 

18 ‘‘(6) MEDICAL REVIEW OFFICER.—The term 

19 ‘medical review officer’ means a licensed physician 

20 who is responsible for— 

21 ‘‘(A) receiving and reviewing a laboratory 

22 result generated under the testing program; 

23 ‘‘(B) evaluating a medical explanation for a 

24 controlled substances test under title 49, Code of 

25 Federal Regulations; and 


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1 ‘‘(C) interpreting the results of a controlled 

2 substances test. 

3 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

4 the Secretary of Transportation. 

5 ‘‘(8) SERVICE AGENT.—The term ‘service agent’ 

6 means a person or entity, other than an employee of 

7 the employer, who provides services to employers or 

8 employees under the testing program. 

9 ‘‘(9) TESTING PROGRAM.—The term ‘testing pro10 gram’ means the alcohol and controlled substances 

11 testing program required under title 49, Code of Fed12 eral Regulations.’’. 

13 (b) CONFORMING AMENDMENT.—The analysis for 

14 chapter 313 is amended by inserting after the item relating 

15 to section 31306 the following: 

‘‘31306a. National clearinghouse for positive controlled substance and alcohol test 

results of commercial motor vehicle operators.’’. 

16 SEC. 403. DRUG AND ALCOHOL VIOLATION SANCTIONS. 

17 Chapter 313 is amended— 

18 (1) by redesignating section 31306(f) as 

19 31306(f)(1); and 

20 (2) by inserting after section 31306(f)(1) the fol21 lowing: 

22 ‘‘(2) ADDITIONAL SANCTIONS.—The Secretary 

23 may require a State to revoke, suspend, or cancel the 

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1 hicle operator who is found, based on a test conducted 

2 and confirmed under this section, to have used alcohol 

3 or a controlled substance in violation of law until the 

4 commercial motor vehicle operator completes the reha5 bilitation process under subsection (e).’’; and 

6 (3) by amending section 31310(d) to read as fol7 lows: 

8 ‘‘(d) CONTROLLED SUBSTANCE VIOLATIONS.—The 

9 Secretary may permanently disqualify an individual from 

10 operating a commercial vehicle if the individual— 

11 ‘‘(1) uses a commercial motor vehicle in the com12 mission of a felony involving manufacturing, distrib13 uting, or dispensing a controlled substance, or posses14 sion with intent to manufacture, distribute, or dis15 pense a controlled substance; or 

16 ‘‘(2) uses alcohol or a controlled substance, in 

17 violation of section 31306, 3 or more times.’’. 

18 SEC. 404. AUTHORIZATION OF APPROPRIATIONS. 

19 From the funds authorized to be appropriated under 

20 section 31104(h) of title 49, United States Code, up to 

21 $5,000,000 is authorized to be appropriated from the High22 way Trust Fund (other than the Mass Transit Account) for 

23 the Secretary of Transportation to develop, design, and im24 plement the national clearinghouse required by section 402 

25 of this Act. 


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1 TITLE V—ENFORCEMENT 

2 SEC. 501. INSPECTION DEMAND AND DISPLAY OF CREDEN3 TIALS. 

4 (a) SAFETY INVESTIGATIONS.—Section 504(c) is 

5 amended— 

6 (1) by inserting ‘‘, or an employee of the recipi7 ent of a grant issued under section 31102 of this title’’ 

8 after ‘‘a contractor’’; and 

9 (2) by inserting ‘‘, in person or in writing’’ after 

10 ‘‘proper credentials’’. 

11 (b) CIVIL PENALTY.—Section 521(b)(2)(E) is amend12 ed— 

13 (1) by redesignating subparagraph (E) as sub14 paragraph (E)(i); and 

15 (2) by adding at the end the following: 

16 ‘‘(ii) PLACE OUT OF SERVICE.—The 

17 Secretary may by regulation adopt proce18 dures for placing out of service the commer19 cial motor vehicle of a foreign-domiciled 

20 motor carrier that fails to promptly allow 

21 the Secretary to inspect and copy a record 

22 or inspect equipment, land, buildings, or 

23 other property.’’. 


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1 (c) HAZARDOUS MATERIALS INVESTIGATIONS.—Sec2 tion 5121(c)(2) is amended by inserting ‘‘, in person or in 

3 writing,’’ after ‘‘proper credentials’’. 

4 (d) COMMERCIAL INVESTIGATIONS.—Section 14122(b) 

5 is amended by inserting ‘‘, in person or in writing’’ after 

6 ‘‘proper credentials’’. 

7 SEC. 502. OUT OF SERVICE PENALTY FOR DENIAL OF AC8 CESS TO RECORDS. 

9 Section 521(b)(2)(E) is amended— 

10 (1) by inserting after ‘‘$10,000.’’ the following: 

11 ‘‘In the case of a motor carrier, the Secretary may 

12 also place the violator’s motor carrier operations out 

13 of service.’’; and 

14 (2) by striking ‘‘such penalty’’ after ‘‘It shall be 

15 a defense to’’ and inserting ‘‘a penalty’’. 

16 SEC. 503. PENALTIES FOR VIOLATION OF OPERATION OUT 

17 OF SERVICE ORDERS. 

18 Section 521(b)(2) is amended by adding at the end the 

19 following: 

20 ‘‘(F) PENALTY FOR VIOLATIONS RELATING

21 TO OUT OF SERVICE ORDERS.—A motor carrier 

22 or employer (as defined in section 31132) that 

23 operates a commercial motor vehicle in commerce 

24 in violation of a prohibition on transportation 

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1 nent hazard out of service order issued under 

2 subsection (b)(5) of this section or section 

3 5121(d) of this title shall be liable for a civil 

4 penalty not to exceed $25,000.’’. 

5 SEC. 504. MINIMUM PROHIBITION ON OPERATION FOR 

6 UNFIT CARRIERS. 

7 (a) IN GENERAL.—Section 31144(c)(1) is amended by 

8 inserting ‘‘, and such period shall be for not less than 10 

9 days’’ after ‘‘operator is fit’’. 

10 (b) OWNERS OR OPERATORS TRANSPORTING PAS11 SENGERS.—Section 31144(c)(2) is amended by inserting ‘‘, 

12 and such period shall be for not less than 10 days’’ after 

13 ‘‘operator is fit’’. 

14 (c) OWNERS OR OPERATORS TRANSPORTING HAZ15 ARDOUS MATERIAL.—Section 31144(c)(3) is amended by 

16 inserting before the period at the end of the first sentence 

17 the following: ‘‘, and such period shall be for not less than 

18 10 days’’. 

19 SEC. 505. MINIMUM OUT OF SERVICE PENALTIES. 

20 Section 521(b)(7) is amended by adding at the end the 

21 following: 

22 ‘‘The penalties may include a minimum duration for 

23 any out of service period, not to exceed 90 days.’’. 


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1 SEC. 506. IMPOUNDMENT AND IMMOBILIZATION OF COM2 MERCIAL MOTOR VEHICLES FOR IMMINENT 

3 HAZARD. 

4 Section 521(b) is amended by adding at the end the 

5 following: 

6 ‘‘(15) IMPOUNDMENT OF COMMERCIAL MOTOR

7 VEHICLES.— 

8 ‘‘(A) ENFORCEMENT OF IMMINENT HAZARD

9 OUT-OF-SERVICE ORDERS.— 

10 ‘‘(i) The Secretary, or an authorized 

11 State official carrying out motor carrier 

12 safety enforcement activities under section 

13 31102, may enforce an imminent hazard 

14 out-of-service order issued under chapters 5, 

15 51, 131 through 149, 311, 313, or 315 of 

16 this title, or a regulation promulgated there17 under, by towing and impounding a com18 mercial motor vehicle until the order is re19 scinded. 

20 ‘‘(ii) Enforcement shall not unreason21 ably interfere with the ability of a shipper, 

22 carrier, broker, or other party to arrange 

23 for the alternative transportation of any 

24 cargo or passenger being transported at the 

25 time the commercial motor vehicle is immo26 bilized. In the case of a commercial motor 


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1 vehicle transporting passengers, the Sec2 retary or authorized State official shall pro3 vide reasonable, temporary, and secure shel4 ter and accommodations for passengers in 

5 transit. 

6 ‘‘(iii) The Secretary’s designee or an 

7 authorized State official carrying out motor 

8 carrier safety enforcement activities under 

9 section 31102, shall immediately notify the 

10 owner of a commercial motor vehicle of the 

11 impoundment and the opportunity for re12 view of the impoundment. A review shall be 

13 provided in accordance with section 554 of 

14 title 5, except that the review shall occur not 

15 later than 10 days after the impoundment. 

16 ‘‘(B) ISSUANCE OF REGULATIONS.—The 

17 Secretary shall promulgate regulations on the 

18 use of impoundment or immobilization of com19 mercial motor vehicles as a means of enforcing 

20 additional out-of-service orders issued under 

21 chapters 5, 51, 131 through 149, 311, 313, or 

22 315 of this title, or a regulation promulgated 

23 thereunder. Regulations promulgated under this 

24 subparagraph shall include consideration of pub25 lic safety, the protection of passengers and cargo, 


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1 inconvenience to passengers, and the security of 

2 the commercial motor vehicle. 

3 ‘‘(C) DEFINITION.—In this paragraph, the 

4 term ‘impoundment’ or ’impounding’ means the 

5 seizing and taking into custody of a commercial 

6 motor vehicle or the immobilizing of a commer7 cial motor vehicle through the attachment of a 

8 locking device or other mechanical or electronic 

9 means.’’. 

10 SEC. 507. INCREASED PENALTIES FOR EVASION OF REGU11 LATIONS. 

12 (a) PENALTIES.—Section 524 is amended— 

13 (1) by striking ‘‘knowingly and willfully’’; 

14 (2) by inserting after ‘‘this chapter’’ the fol15 lowing: ‘‘, chapter 51, subchapter III of chapter 311 

16 (except sections 31138 and 31139) or section 31302, 

17 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of 

18 this title, or a regulation issued under any of those 

19 provisions,’’; 

20 (3) by striking ‘‘$200 but not more than $500’’ 

21 and inserting ‘‘$2,000 but not more than $5,000’’; 

22 and 

23 (4) by striking ‘‘$250 but not more than $2,000’’ 

24 and inserting ‘‘$2,500 but not more than $7,500’’. 


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1 (b) EVASION OF REGULATION.—Section 14906 is 

2 amended— 

3 (1) by striking ‘‘$200’’ and inserting ‘‘at least 

4 $2,000’’; 

5 (2) by striking ‘‘$250’’ and inserting ‘‘$5,000’’; 

6 and 

7 (3) by inserting after ‘‘a subsequent violation’’ 

8 the following: 

9 ‘‘, and may be subject to criminal penalties’’. 

10 SEC. 508. FAILURE TO PAY CIVIL PENALTY AS A DISQUALI11 FYING OFFENSE. 

12 (a) IN GENERAL.—Chapter 311 is amended by insert13 ing after section 31151 the following: 

14 ‘‘§ 31152. Disqualification for failure to pay 

15 ‘‘An individual assessed a civil penalty under this 

16 chapter, or chapters 5, 51, or 149 of this title, or a regula17 tion issued under any of those provisions, who fails to pay 

18 the penalty or fails to comply with the terms of a settlement 

19 with the Secretary, shall be disqualified from operating a 

20 commercial motor vehicle after the individual is notified 

21 in writing and is given an opportunity to respond. A dis22 qualification shall continue until the penalty is paid, or 

23 the individual complies with the terms of the settlement, 

24 unless the nonpayment is because the individual is a debtor 

25 in a case under chapter 11 of title 11, United States Code.’’. 


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1 (b) TECHNICAL AMENDMENTS.—Section 31310, as 

2 amended by sections 206 and 310 of this Act, is amended— 

3 (1) by redesignating subsections (h) through (k) 

4 as subsections (i) through (l), respectively; and 

5 (2) by inserting after subsection (g) the fol6 lowing: 

7 ‘‘(h) DISQUALIFICATION FOR FAILURE TO PAY.—The 

8 Secretary shall disqualify from operating a commercial 

9 motor vehicle any individual who fails to pay a civil pen10 alty within the prescribed period, or fails to conform to the 

11 terms of a settlement with the Secretary. A disqualification 

12 shall continue until the penalty is paid, or the individual 

13 conforms to the terms of the settlement, unless the non14 payment is because the individual is a debtor in a case 

15 under chapter 11 of title 11, United States Code.’’; and 

16 (3) in subsection (i), as redesignated, by striking 

17 ‘‘Notwithstanding subsections (b) through (g)’’ and 

18 inserting ‘‘Notwithstanding subsections (b) through 

19 (h)’’. 

20 (c) CONFORMING AMENDMENT.—The analysis of chap21 ter 311 is amended by inserting after the item relating to 

22 section 31151 the following: 

‘‘31152. Disqualification for failure to pay.’’. 


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1 SEC. 509. VIOLATIONS RELATING TO COMMERCIAL MOTOR 

2 VEHICLE SAFETY REGULATION AND OPERA3 TORS. 

4 Section 521(b)(2)(D) is amended by striking ‘‘ability 

5 to pay,’’. 

6 SEC. 510. EMERGENCY DISQUALIFICATION FOR IMMINENT 

7 HAZARD. 

8 Section 31310(f) is amended— 

9 (1) in paragraph (1) by inserting ‘‘section 521 

10 or’’ before ‘‘section 5102’’; and 

11 (2) in paragraph (2) by inserting ‘‘section 521 

12 or’’ before ‘‘section 5102’’. 

13 SEC. 511. INTRASTATE OPERATIONS OF INTERSTATE 

14 MOTOR CARRIERS. 

15 (a) PROHIBITED TRANSPORTATION.—Section 

16 521(b)(5) is amended by inserting after subparagraph (B) 

17 the following: 

18 ‘‘(C) If an employee, vehicle, or all or part 

19 of an employer’s commercial motor vehicle oper20 ations is ordered out of service under paragraph 

21 (5)(A), the commercial motor vehicle operations 

22 of the employee, vehicle, or employer that affect 

23 interstate commerce are also prohibited.’’. 

24 (b) PROHIBITION ON OPERATION IN INTERSTATE COM25 MERCE AFTER NONPAYMENT OF PENALTIES.—Section 

26 521(b)(8) is amended— 


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1 (1) by redesignating subparagraph (B) as sub2 paragraph (C); and 

3 (2) by inserting after subparagraph (A) the fol4 lowing: 

5 ‘‘(B) ADDITIONAL PROHIBITION.—A person 

6 prohibited from operating in interstate commerce 

7 under paragraph (8)(A) may not operate any 

8 commercial motor vehicle where the operation af9 fects interstate commerce.’’. 

10 SEC. 512. ENFORCEMENT OF SAFETY LAWS AND REGULA11 TIONS. 

12 (a) ENFORCEMENT OF SAFETY LAWS AND REGULA13 TIONS.—Chapter 311, as amended by sections 113 and 508 

14 of this Act, is amended by adding after section 31153 the 

15 following: 

16 ‘‘§ 31154. Enforcement of safety laws and regulations 

17 ‘‘(a) IN GENERAL.—The Secretary may bring a civil 

18 action to enforce this part, or a regulation or order of the 

19 Secretary under this part, when violated by an employer, 

20 employee, or other person providing transportation or serv21 ice under this subchapter or subchapter I. 

22 ‘‘(b) VENUE.—In a civil action under subsection (a)— 

23 ‘‘(1) trial shall be in the judicial district in 

24 which the employer, employee, or other person oper25 ates; 


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1 ‘‘(2) process may be served without regard to the 

2 territorial limits of the district or of the State in 

3 which the action is instituted; and 

4 ‘‘(3) a person participating with a carrier or 

5 broker in a violation may be joined in the civil action 

6 without regard to the residence of the person.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis of chap8 ter 311 is amended by inserting after the item relating to 

9 section 31153 the following: 

‘‘31154. Enforcement of safety laws and regulations.’’. 

10 SEC. 513. DISCLOSURE TO STATE AND LOCAL LAW EN11 FORCEMENT AGENCIES. 

12 Section 31106(e) is amended— 

13 (1) by redesignating subsection (e) as subsection 

14 (e)(1); and 

15 (2) by inserting at the end the following: 

16 ‘‘(2) IN GENERAL.—Notwithstanding any prohi17 bition on disclosure of information in section 

18 31105(h) or 31143(b) of this title or section 552a of 

19 title 5, the Secretary may disclose information main20 tained by the Secretary pursuant to chapters 51, 135, 

21 311, or 313 of this title to appropriate personnel of 

22 a State agency or instrumentality authorized to carry 

23 out State commercial motor vehicle safety activities 

24 and commercial driver’s license laws, or appropriate 

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1 cordance with standards, conditions, and procedures 

2 as determined by the Secretary. Disclosure under this 

3 section shall not operate as a waiver by the Secretary 

4 of any applicable privilege against disclosure under 

5 common law or as a basis for compelling disclosure 

6 under section 552 of title 5.’’. 

7 TITLE VI—COMPLIANCE, SAFETY, 

8 ACCOUNTABILITY 

9 SEC. 601. COMPLIANCE, SAFETY, ACCOUNTABILITY. 

10 (a) IN GENERAL.—Section 31102 is amended— 

11 (1) by amending the section heading to read: 

12 ‘‘§ 31102. Compliance, safety, and accountability 

13 grants’’; 

14 (2) by amending subsection (a) to read as fol15 lows: 

16 ‘‘(a) GENERAL AUTHORITY.—Subject to this section, 

17 the Secretary of Transportation shall make and administer 

18 a compliance, safety, and accountability grant program to 

19 assist States, local governments, and other entities and per20 sons with motor carrier safety and enforcement on high21 ways and other public roads, new entrant safety audits, 

22 border enforcement, hazardous materials safety and secu23 rity, consumer protection and household goods enforcement, 

24 and other programs and activities required to improve the 

25 safety of motor carriers as determined by the Secretary. The 


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1 Secretary shall allocate funding in accordance with section 

2 31104 of this title.’’; 

3 (3) in subsection (b)— 

4 (A) by amending the heading to read as fol5 lows: 

6 ‘‘(b) MOTOR CARRIER SAFETY ASSISTANCE PRO7 GRAM.—’’; 

8 (B) by redesignating paragraphs (1) 

9 through (3) as (2) through (4), respectively; 

10 (C) by inserting before paragraph (2), as 

11 redesignated, the following: 

12 ‘‘(1) PROGRAM GOAL.—The goal of the Motor 

13 Carrier Safety Assistance Program is to ensure that 

14 the Secretary, States, local government agencies, and 

15 other political jurisdictions work in partnership to es16 tablish programs to improve motor carrier, commer17 cial motor vehicle, and driver safety to support a safe 

18 and efficient surface transportation system by— 

19 ‘‘(A) making targeted investments to pro20 mote safe commercial motor vehicle transpor21 tation, including transportation of passengers 

22 and hazardous materials; 

23 ‘‘(B) investing in activities likely to gen24 erate maximum reductions in the number and 


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1 severity of commercial motor vehicle crashes and 

2 fatalities resulting from such crashes; 

3 ‘‘(C) adopting and enforcing effective motor 

4 carrier, commercial motor vehicle, and driver 

5 safety regulations and practices consistent with 

6 Federal requirements; and 

7 ‘‘(D) assessing and improving statewide 

8 performance by setting program goals and meet9 ing performance standards, measures, and bench10 marks.’’; 

11 (D) in paragraph (2), as redesignated— 

12 (i) by striking ‘‘make a declaration of’’ 

13 in subparagraph (I) and inserting ‘‘dem14 onstrate’’; 

15 (ii) by amending subparagraph (M) to 

16 read as follows: 

17 ‘‘(M) ensures participation in appropriate 

18 Federal Motor Carrier Safety Administration 

19 systems and other information systems by all ap20 propriate jurisdictions receiving Motor Carrier 

21 Safety Assistance Program funding;’’; 

22 (iii) in subparagraph (Q), by inserting 

23 ‘‘and dedicated sufficient resources to’’ be24 tween ‘‘established’’ and ‘‘a program’’; 


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1 (iv) in subparagraph (W), by striking 

2 ‘‘and’’ after the semicolon; 

3 (v) by amending subparagraph (X) to 

4 read as follows: 

5 ‘‘(X) except in the case of an imminent or 

6 obvious safety hazard, ensures that an inspection 

7 of a vehicle transporting passengers for a motor 

8 carrier of passengers is conducted at a station, 

9 terminal, border crossing, maintenance facility, 

10 destination, weigh station, rest stop, turnpike 

11 service area, or a location where adequate food, 

12 shelter, and sanitation facilities are available for 

13 passengers, and reasonable accommodation is 

14 available for passengers with disabilities; and’’; 

15 and 

16 (vi) by adding after subparagraph (X) 

17 the following: 

18 ‘‘(Y) ensures that the State will transmit to 

19 its roadside inspectors the notice of each federal 

20 exemption granted pursuant to section 31315(b) 

21 and provided to the State by the Secretary, in22 cluding the name of the person granted the ex23 emption and any terms and conditions that 

24 apply to the exemption.’’; and 


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1 (E) by amending paragraph (4), as redesig2 nated, to read as follows: 

3 ‘‘(4) MAINTENANCE OF EFFORT.— 

4 ‘‘(A) IN GENERAL.—A plan submitted by a 

5 State under paragraph (2) shall provide that the 

6 total expenditure of amounts of the lead State 

7 agency responsible for implementing the plan 

8 will be maintained at a level at least equal to the 

9 average level of that expenditure for fiscal years 

10 2004 and 2005. 

11 ‘‘(B) AVERAGE LEVEL OF STATE EXPENDI12 TURES.—In estimating the average level of State 

13 expenditure under subparagraph (A), the Sec14 retary— 

15 ‘‘(i) may allow the State to exclude 

16 State expenditures for Government-spon17 sored demonstration or pilot programs; and 

18 ‘‘(ii) shall require the State to exclude 

19 State matching amounts used to receive 

20 Government financing under this sub21 section. 

22 ‘‘(C) WAIVER.—Upon the request of a State, 

23 the Secretary may waive or modify the require24 ments of this paragraph for 1 fiscal year, if the 

25 Secretary determines that a waiver is equitable 


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1 due to exceptional or uncontrollable cir2 cumstances, such as a natural disaster or a seri3 ous decline in the financial resources of the State 

4 motor carrier safety assistance program agen5 cy.’’; 

6 (4) by redesignating subsection (e) as subsection 

7 (h); and 

8 (5) by inserting after subsection (d) the fol9 lowing: 

10 ‘‘(e) NEW ENTRANT SAFETY ASSURANCE PROGRAM.— 

11 ‘‘(1) PROGRAM GOAL.—The Secretary may make 

12 grants to States and local governments for pre-author13 ization safety audits and new entrant motor carrier 

14 audits as described in section 31144(g). 

15 ‘‘(2) RECIPIENTS.—Grants made in support of 

16 this program may be provided to States and local 

17 governments. 

18 ‘‘(3) FEDERAL SHARE.—The Federal share of a 

19 grant made under this program is 100 percent. 

20 ‘‘(4) ELIGIBLE ACTIVITIES.—Eligible activities 

21 will be in accordance with criteria developed by the 

22 Secretary and posted in the Federal Register in ad23 vance of the grant application period. 

24 ‘‘(5) DETERMINATION.—If the Secretary deter25 mines that a State or local government is unable to 


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1 conduct a new entrant motor carrier audit, the Sec2 retary may use the funds to conduct the audit. 

3 ‘‘(f) BORDER ENFORCEMENT.— 

4 ‘‘(1) PROGRAM GOAL.—The Secretary of Trans5 portation may make a grant for carrying out border 

6 commercial motor vehicle safety programs and related 

7 enforcement activities and projects. 

8 ‘‘(2) RECIPIENTS.—The Secretary of Transpor9 tation may make a grant to an entity, State, or other 

10 person for carrying out border commercial motor ve11 hicle safety programs and related enforcement activi12 ties and projects. 

13 ‘‘(3) FEDERAL SHARE.—The Secretary shall re14 imburse a grantee at least 80 percent of the costs in15 curred in a fiscal year for carrying out border com16 mercial motor vehicle safety programs and related en17 forcement activities and projects. 

18 ‘‘(4) ELIGIBLE ACTIVITIES.—An eligible activity 

19 will be in accordance with criteria developed by the 

20 Secretary and posted in the Federal Register in ad21 vance of the grant application period. 

22 ‘‘(g) HIGH PRIORITY INITIATIVES.— 

23 ‘‘(1) PROGRAM GOAL.—The Secretary may make 

24 grants to carry out high priority activities and 

25 projects that improve commercial motor vehicle safety 


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1 and compliance with commercial motor vehicle safety 

2 regulations, including activities and projects that— 

3 ‘‘(A) are national in scope; 

4 ‘‘(B) increase public awareness and edu5 cation; 

6 ‘‘(C) target unsafe driving of commercial 

7 motor vehicles and non-commercial motor vehi8 cles in areas identified as high risk crash cor9 ridors; 

10 ‘‘(D) improve consumer protection and en11 forcement of household goods regulations; 

12 ‘‘(E) improve the movement of hazardous 

13 materials safely and securely, including activi14 ties related to the establishment of uniform forms 

15 and application procedures that improve the ac16 curacy, timeliness, and completeness of commer17 cial motor vehicle safety data reported to the 

18 Secretary; or 

19 ‘‘(F) demonstrate new technologies to im20 prove commercial motor vehicle safety. 

21 ‘‘(2) RECIPIENTS.—The Secretary may allocate 

22 amounts to award grants to State agencies, local gov23 ernments, and other persons for carrying out high 

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1 mercial motor vehicle safety regulations in accordance 

2 with the program goals specified in paragraph (1). 

3 ‘‘(3) FEDERAL SHARE.—The Secretary shall re4 imburse a grantee at least 80 percent of the costs in5 curred in a fiscal year for carrying out the high pri6 ority activities or projects. 

7 ‘‘(4) ELIGIBLE ACTIVITIES.—An eligible activity 

8 will be in accordance with criteria that is— 

9 ‘‘(A) developed by the Secretary; and 

10 ‘‘(B) posted in the Federal Register in ad11 vance of the grant application period.’’. 

12 (b) CONFORMING AMENDMENT.—The analysis of chap13 ter 311 is amended by striking the item relating to section 

14 31102 and inserting the following: 

‘‘31102. Compliance, safety, and accountability grants.’’. 

15 SEC. 602. PERFORMANCE AND REGISTRATION INFORMA16 TION SYSTEMS MANAGEMENT PROGRAM. 

17 Section 31106(b) is amended— 

18 (1) by amending paragraph (3)(C) to read as 

19 follows— 

20 ‘‘(C) establish and implement a process— 

21 ‘‘(i) to cancel the motor vehicle reg22 istration and seize the registration plates of 

23 a vehicle when an employer is found liable 

24 under section 31310(j)(2)(C) for knowingly 

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1 ate such a commercial motor vehicle in vio2 lation of an out-of-service order; and 

3 ‘‘(ii) to reinstate the vehicle registra4 tion or return the registration plates of the 

5 commercial motor vehicle, subject to sanc6 tions under clause (i), if the Secretary per7 mits such carrier to resume operations after 

8 the date of issuance of such order.’’; and 

9 (2) by striking paragraph (4). 

10 SEC. 603. COMMERCIAL MOTOR VEHICLE DEFINED. 

11 Section 31101(1) is amended to read as follows: 

12 ‘‘(1) ‘commercial motor vehicle’ means (except 

13 under section 31106) a self-propelled or towed vehicle 

14 used on the highways in commerce to transport pas15 sengers or property, if the vehicle— 

16 ‘‘(A) has a gross vehicle weight rating or 

17 gross vehicle weight of at least 10,001 pounds, 

18 whichever is greater; 

19 ‘‘(B) is designed or used to transport more 

20 than 8 passengers, including the driver, for com21 pensation; 

22 ‘‘(C) is designed or used to transport more 

23 than 15 passengers, including the driver, and is 

24 not used to transport passengers for compensa25 tion; or 


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1 ‘‘(D) is used in transporting material found 

2 by the Secretary of Transportation to be haz3 ardous under section 5103 and transported in a 

4 quantity requiring placarding under regulations 

5 prescribed by the Secretary under section 5103.’’. 

6 SEC. 604. DRIVER SAFETY FITNESS RATINGS. 

7 Section 31144, as amended by section 204 of this Act, 

8 is amended by adding at the end the following: 

9 ‘‘(i) COMMERCIAL MOTOR VEHICLE DRIVERS.—The 

10 Secretary may maintain by regulation a procedure for de11 termining the safety fitness of a commercial motor vehicle 

12 driver and for prohibiting the driver from operating in 

13 interstate commerce. The procedure and prohibition shall 

14 include the following: 

15 ‘‘(1) Specific initial and continuing require16 ments that a driver must comply with to demonstrate 

17 safety fitness. 

18 ‘‘(2) The methodology and continually updated 

19 safety performance data that the Secretary will use to 

20 determine whether a driver is fit, including inspec21 tion results, serious traffic offenses, and crash involve22 ment data. 

23 ‘‘(3) Specific time frames within which the Sec24 retary will determine whether a driver is fit. 


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1 ‘‘(4) A prohibition period or periods, not to ex2 ceed 1 year, that a driver that the Secretary deter3 mines is not fit will be prohibited from operating a 

4 commercial motor vehicle in interstate commerce. The 

5 period or periods shall begin on the 46th day after the 

6 date of the fitness determination and continue until 

7 the Secretary determines the driver is fit or until the 

8 prohibition period expires. 

9 ‘‘(5) A review by the Secretary, not later than 30 

10 days after an unfit driver requests a review, of the 

11 driver’s compliance with the requirements the driver 

12 failed to comply with and that resulted in the Sec13 retary determining that the driver was not fit. The 

14 burden of proof shall be on the driver to demonstrate 

15 fitness. 

16 ‘‘(6) The eligibility criteria for reinstatement, in17 cluding the remedial measures the unfit driver must 

18 take for reinstatement.’’. 

19 SEC. 605. UNIFORM ELECTRONIC CLEARANCE FOR COM20 MERCIAL MOTOR VEHICLE INSPECTIONS. 

21 (a) IN GENERAL.—Chapter 311 is amended by adding 

22 after section 31109 the following: 


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1 ‘‘§ 31110. Withholding amounts for State noncompli2 ance 

3 ‘‘(a) FIRST FISCAL YEAR.—Subject to criteria estab4 lished by the Secretary of Transportation, the Secretary 

5 may withhold up to 50 percent of the amount a State is 

6 otherwise eligible to receive under section 31102(b) on the 

7 first day of the fiscal year after the first fiscal year fol8 lowing the date of enactment of the Commercial Motor Vehi9 cle Safety Enhancement Act of 2011 in which the State uses 

10 for at least 180 days an electronic commercial motor vehicle 

11 inspection selection system that does not employ a selection 

12 methodology approved by the Secretary. 

13 ‘‘(b) SECOND FISCAL YEAR.—The Secretary shall 

14 withhold up to 75 percent of the amount a State is other15 wise eligible to receive under section 31102(b) on the first 

16 day of the fiscal year after the second fiscal year following 

17 the date of enactment of the Commercial Motor Vehicle Safe18 ty Enhancement Act of 2011 in which the State uses for 

19 at least 180 days an electronic commercial motor vehicle 

20 inspection selection system that does not employ a selection 

21 methodology approved by the Secretary. 

22 ‘‘(c) SUBSEQUENT AVAILABILITY OF WITHHELD

23 FUNDS.—The Secretary may make the amounts withheld 

24 under subsection (a) or subsection (b) available to the State 

25 if the Secretary determines that the State has substantially 

26 complied with the requirement described under subsection 


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1 (a) or subsection (b) not later than 180 days after the begin2 ning of the fiscal year in which amounts were withheld.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis of chap4 ter 311 is amended by inserting after the item relating to 

5 section 31109 the following: 

‘‘31110. Withholding amounts for State noncompliance.’’. 

6 SEC. 606. AUTHORIZATION OF APPROPRIATIONS. 

7 Section 31104 is amended to read as follows: 

8 ‘‘§ 31104. Availability of amounts 

9 ‘‘(a) IN GENERAL.—There are authorized to be appro10 priated from Highway Trust Fund (other than the Mass 

11 Transit Account) for Federal Motor Carrier Safety Admin12 istration programs the following: 

13 ‘‘(1) COMPLIANCE, SAFETY, AND ACCOUNTABILITY

14 GRANTS UNDER SECTION 31102.— 

15 ‘‘(A) $249,717,000 for fiscal year 2012, pro16 vided that the Secretary shall set aside not less 

17 than $168,388,000 to carry out the motor carrier 

18 safety assistance program under section 

19 31102(b); and 

20 ‘‘(B) $253,814,000 for fiscal year 2013, pro21 vided that the Secretary shall set aside not less 

22 than $171,813,000 to carry out the motor carrier 

23 safety assistance program under section 

24 31102(b). 


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1 ‘‘(2) DATA AND TECHNOLOGY GRANTS UNDER

2 SECTION 31109.— 

3 ‘‘(A) $30,000,000 for fiscal year 2012; and 

4 ‘‘(B) $30,000,000 for fiscal year 2013. 

5 ‘‘(3) DRIVER SAFETY GRANTS UNDER SECTION

6 31313.— 

7 ‘‘(A) $31,000,000 for fiscal year 2012; and 

8 ‘‘(B) $31,000,000 for fiscal year 2013. 

9 ‘‘(4) CRITERIA.—The Secretary shall develop cri10 teria to allocate the remaining funds under para11 graphs (1), (2), and (3) for fiscal year 2013 and for 

12 each fiscal year thereafter not later than April 1 of 

13 the prior fiscal year. 

14 ‘‘(b) AVAILABILITY AND REALLOCATION OF

15 AMOUNTS.— 

16 ‘‘(1) ALLOCATIONS AND REALLOCATIONS.— 

17 Amounts made available under subsection (a)(1) re18 main available until expended. Allocations to a State 

19 remain available for expenditure in the State for the 

20 fiscal year in which they are allocated and for the 

21 next fiscal year. Amounts not expended by a State 

22 during those 2 fiscal years are released to the Sec23 retary for reallocation. 

24 ‘‘(2) REDISTRIBUTION OF AMOUNTS.—The Sec25 retary may, after August 1 of each fiscal year, upon 


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1 a determination that a State does not qualify for 

2 funding under section 31102(b) or that the State will 

3 not expend all of its existing funding, reallocate the 

4 State’s funding. In revising the allocation and redis5 tributing the amounts, the Secretary shall give pref6 erence to those States that require additional funding 

7 to meet program goals under section 31102(b). 

8 ‘‘(3) PERIOD OF AVAILABILITY FOR DATA AND

9 TECHNOLOGY GRANTS.—Amounts made available 

10 under subsection (a)(2) remain available for obliga11 tion for the fiscal year and the next 2 years in which 

12 they are appropriated. Allocations remain available 

13 for expenditure in the State for 5 fiscal years after 

14 they were obligated. Amounts not expended by a State 

15 during those 3 fiscal years are released to the Sec16 retary for reallocation. 

17 ‘‘(4) PERIOD OF AVAILABILITY FOR DRIVER

18 SAFETY GRANTS.—Amounts made available under 

19 subsection (a)(3) of this section remain available for 

20 obligation for the fiscal year and the next fiscal year 

21 in which they are appropriated. Allocations to a 

22 State remain available for expenditure in the State 

23 for the fiscal year in which they are allocated and for 

24 the following 2 fiscal years. Amounts not expended by 


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1 a State during those 3 fiscal years are released to the 

2 Secretary for reallocation. 

3 ‘‘(5) REALLOCATION.—The Secretary, upon a re4 quest by a State, may reallocate grant funds pre5 viously awarded to the State under a grant program 

6 authorized by section 31102, 31109, or 31313 to an7 other grant program authorized by those sections 

8 upon a showing by the State that it is unable to ex9 pend the funds within the 12 months prior to their 

10 expiration provided that the State agrees to expend 

11 the funds within the remaining period of expenditure. 

12 ‘‘(c) GRANTS AS CONTRACTUAL OBLIGATIONS.—Ap13 proval by the Secretary of a grant under sections 31102, 

14 31109, and 31313 is a contractual obligation of the Govern15 ment for payment of the Government’s share of costs in16 curred in developing and implementing programs to im17 prove commercial motor vehicle safety and enforce commer18 cial driver’s license regulations, standards, and orders. 

19 ‘‘(d) DEDUCTION FOR ADMINISTRATIVE EXPENSES.— 

20 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

21 year or as soon after that as practicable, the Sec22 retary may deduct, from amounts made available 

23 under— 

24 ‘‘(A) subsection (a)(1) for that fiscal year, 

25 not more than 1.5 percent of those amounts for 


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1 administrative expenses incurred in carrying out 

2 section 31102 in that fiscal year; 

3 ‘‘(B) subsection (a)(2) for that fiscal year, 

4 not more than 1.4 percent of those amounts for 

5 administrative expenses incurred in carrying out 

6 section 31109 in that fiscal year; and 

7 ‘‘(C) subsection (a)(3) for that fiscal year, 

8 not more than 1.4 percent of those amounts for 

9 administrative expenses incurred in carrying out 

10 section 31313 in that fiscal year. 

11 ‘‘(2) TRAINING.—The Secretary may use at least 

12 50 percent of the amounts deducted from the amounts 

13 made available under sections (a)(1) and (a)(3) to 

14 train non-Government employees and to develop re15 lated training materials to carry out sections 31102, 

16 31311, and 31313 of this title. 

17 ‘‘(3) CONTRACTS.—The Secretary may use 

18 amounts deducted under paragraph (1) to enter into 

19 contracts and cooperative agreements with States, 

20 local governments, associations, institutions, corpora21 tions, and other persons, if the Secretary determines 

22 the contracts and cooperative agreements are cost-ef23 fective, benefit multiple jurisdictions of the United 

24 States, and enhance safety programs and related en25 forcement activities. 


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1 ‘‘(e) ALLOCATION CRITERIA AND ELIGIBILITY.— 

2 ‘‘(1) On October 1 of each fiscal year or as soon 

3 as practicable after that date after making the deduc4 tion under subsection (d)(1)(A), the Secretary shall 

5 allocate amounts made available to carry out section 

6 31102(b) for such fiscal year among the States with 

7 plans approved under that section. Allocation shall be 

8 made under the criteria prescribed by the Secretary. 

9 ‘‘(2) On October 1 of each fiscal year or as soon 

10 as practicable after that date and after making the 

11 deduction under subsection (d)(1)(B) or (d)(1)(C), the 

12 Secretary shall allocate amounts made available to 

13 carry out sections 31109(a) and 31313(b)(1). 

14 ‘‘(f) INTRASTATE COMPATIBILITY.—The Secretary 

15 shall prescribe regulations specifying tolerance guidelines 

16 and standards for ensuring compatibility of intrastate com17 mercial motor vehicle safety laws and regulations with Gov18 ernment motor carrier safety regulations to be enforced 

19 under section 31102(b). To the extent practicable, the guide20 lines and standards shall allow for maximum flexibility 

21 while ensuring a degree of uniformity that will not dimin22 ish transportation safety. In reviewing State plans and al23 locating amounts or making grants under section 153 of 

24 title 23, United States Code, the Secretary shall ensure that 

25 the guidelines and standards are applied uniformly. 


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1 ‘‘(g) WITHHOLDING AMOUNTS FOR STATE NONCOMPLI2 ANCE.— 

3 ‘‘(1) IN GENERAL.—Subject to criteria estab4 lished by the Secretary, the Secretary may withhold 

5 up to 100 percent of the amounts a State is otherwise 

6 eligible to receive under section 31102(b) on October 

7 1 of each fiscal year beginning after the date of enact8 ment of the Commercial Motor Vehicle Safety En9 hancement Act of 2011 and continuing for the period 

10 that the State does not comply substantially with a 

11 requirement under section 31109(b). 

12 ‘‘(2) SUBSEQUENT AVAILABILITY OF WITHHELD

13 FUNDS.—The Secretary may make the amounts with14 held in accordance with paragraph (1) available to a 

15 State if the Secretary determines that the State has 

16 substantially complied with a requirement under sec17 tion 31109(b) not later than 180 days after the begin18 ning of the fiscal year in which the amounts are 

19 withheld. 

20 ‘‘(h) ADMINISTRATIVE EXPENSES.— 

21 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated from the 

23 Highway Trust Fund (other than the Mass Transit 

24 Account) for the Secretary to pay administrative exVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6203 E:\BILLS\S1950.RS S1950

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1 penses of the Federal Motor Carrier Safety Adminis2 tration— 

3 ‘‘(A) $250,819,000 for fiscal year 2012; and 

4 ‘‘(B) $248,523,000 for fiscal year 2013. 

5 ‘‘(2) USE OF FUNDS.—The funds authorized by 

6 this subsection shall be used for personnel costs, ad7 ministrative infrastructure, rent, information tech8 nology, programs for research and technology, infor9 mation management, regulatory development, the ad10 ministration of the performance and registration in11 formation system management, outreach and edu12 cation, other operating expenses, and such other ex13 penses as may from time to time be necessary to im14 plement statutory mandates of the Administration not 

15 funded from other sources. 

16 ‘‘(i) AVAILABILITY OF FUNDS.— 

17 ‘‘(1) PERIOD OF AVAILABILITY.—The amounts 

18 made available under this section shall remain avail19 able until expended. 

20 ‘‘(2) INITIAL DATE OF AVAILABILITY.—Author21 izations from the Highway Trust Fund (other than 

22 the Mass Transit Account) for this section shall be 

23 available for obligation on the date of their appor24 tionment or allocation or on October 1 of the fiscal 


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1 year for which they are authorized, whichever occurs 

2 first.’’. 

3 SEC. 607. HIGH RISK CARRIER REVIEWS. 

4 (a) HIGH RISK CARRIER REVIEWS.—Section 

5 31104(h), as amended by section 606 of this Act, is amended 

6 by adding at the end of paragraph (2) the following: 

7 ‘‘From the funds authorized by this subsection, the Sec8 retary shall ensure that a review is completed on each motor 

9 carrier that demonstrates through performance data that it 

10 poses the highest safety risk. At a minimum, a review shall 

11 be conducted whenever a motor carrier is among the highest 

12 risk carriers for 2 consecutive months.’’. 

13 (b) CONFORMING AMENDMENT.—Section 4138 of the 

14 Safe, Accountable, Flexible, Efficient Transportation Eq15 uity Act: A Legacy for Users (49 U.S.C. 31144 note) is re16 pealed. 

17 SEC. 608. DATA AND TECHNOLOGY GRANTS. 

18 (a) IN GENERAL.—Section 31109 is amended to read 

19 as follows: 

20 ‘‘§ 31109. Data and technology grants 

21 ‘‘(a) GENERAL AUTHORITY.—The Secretary of Trans22 portation shall establish and administer a data and tech23 nology grant program to assist the States with the imple24 mentation and maintenance of data systems. The Secretary 

25 shall allocate the funds in accordance with section 31104. 


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1 ‘‘(b) PERFORMANCE GOALS.—The Secretary may 

2 make a grant to a State to implement the performance and 

3 registration information system management requirements 

4 of section 31106(b) to develop, implement, and maintain 

5 commercial vehicle information systems and networks, and 

6 other innovative technologies that the Secretary determines 

7 improve commercial motor vehicle safety. 

8 ‘‘(c) ELIGIBILITY.—To be eligible for a grant to imple9 ment the requirements of section 31106(b), the State shall 

10 design a program that— 

11 ‘‘(1) links Federal motor carrier safety informa12 tion systems with the State’s motor carrier informa13 tion systems; 

14 ‘‘(2) determines the safety fitness of a motor car15 rier or registrant when licensing or registering the 

16 registrant or motor carrier or while the license or reg17 istration is in effect; and 

18 ‘‘(3) denies, suspends, or revokes the commercial 

19 motor vehicle registrations of a motor carrier or reg20 istrant that was issued an operations out-of-service 

21 order by the Secretary. 

22 ‘‘(d) REQUIRED PARTICIPATION.—The Secretary shall 

23 require States that participate in the program under sec24 tion 31106 to— 


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1 ‘‘(1) comply with the uniform policies, proce2 dures, and technical and operational standards pre3 scribed by the Secretary under section 31106(b); 

4 ‘‘(2) possess or seek the authority to possess for 

5 a time period not longer than determined reasonable 

6 by the Secretary, to impose sanctions relating to com7 mercial motor vehicle registration on the basis of a 

8 Federal safety fitness determination; and 

9 ‘‘(3) establish and implement a process to cancel 

10 the motor vehicle registration and seize the registra11 tion plates of a vehicle when an employer is found 

12 liable under section 31310(j)(2)(C) for knowingly al13 lowing or requiring an employee to operate such a 

14 commercial motor vehicle in violation of an out of 

15 service order. 

16 ‘‘(e) FEDERAL SHARE.—The total Federal share of the 

17 cost of a project payable from all eligible Federal sources 

18 shall be at least 80 percent.’’. 

19 (b) CONFORMING AMENDMENT.—The analysis of chap20 ter 311 is amended by striking the item relating to section 

21 31109 and inserting the following: 

‘‘31109. Data and technology grants.’’. 

22 SEC. 609. DRIVER SAFETY GRANTS. 

23 (a) DRIVER FOCUSED GRANT PROGRAM.—Section 

24 31313 is amended to read as follows: 


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1 ‘‘§ 31313. Driver safety grants 

2 ‘‘(a) GENERAL AUTHORITY.—The Secretary shall 

3 make and administer a driver focused grant program to 

4 assist the States, local governments, entities, and other per5 sons with commercial driver’s license systems, programs, 

6 training, fraud detection, reporting of violations and other 

7 programs required to improve the safety of drivers as the 

8 Federal Motor Carrier Safety Administration deems crit9 ical. The Secretary shall allocate the funds for the program 

10 in accordance with section 31104. 

11 ‘‘(b) COMMERCIAL DRIVER’S LICENSE PROGRAM IM12 PROVEMENT GRANTS.— 

13 ‘‘(1) PROGRAM GOAL.—The Secretary of Trans14 portation may make a grant to a State in a fiscal 

15 year— 

16 ‘‘(A) to comply with the requirements of sec17 tion 31311; 

18 ‘‘(B) in the case of a State that is making 

19 a good faith effort toward substantial compliance 

20 with the requirements of this section and section 

21 31311, to improve its implementation of its com22 mercial driver’s license program; 

23 ‘‘(C) for research, development demonstra24 tion projects, public education, and other special 

25 activities and projects relating to commercial 

26 driver licensing and motor vehicle safety that are 


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1 of benefit to all jurisdictions of the United States 

2 or are designed to address national safety con3 cerns and circumstances; 

4 ‘‘(D) for commercial driver’s license pro5 gram coordinators; 

6 ‘‘(E) to implement or maintain a system to 

7 notify an employer of an operator of a commer8 cial motor vehicle of the suspension or revocation 

9 of the operator’s commercial driver’s license con10 sistent with the standards developed under sec11 tion 304(b) of the Commercial Motor Vehicle 

12 Safety Enhancement Act of 2011; or 

13 ‘‘(F) to train operators of commercial motor 

14 vehicles, as defined under section 31301, and to 

15 train operators and future operators in the safe 

16 use of such vehicles. Funding priority for this 

17 discretionary grant program shall be to regional 

18 or multi-state educational or nonprofit associa19 tions serving economically distressed regions of 

20 the United States. 

21 ‘‘(2) PRIORITY.—The Secretary shall give pri22 ority, in making grants under paragraph (1)(B), to 

23 a State that will use the grants to achieve compliance 

24 with the requirements of the Motor Carrier Safety Im25 provement Act of 1999 (113 Stat. 1748), including 


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1 the amendments made by the Commercial Motor Vehi2 cle Safety Enhancement Act of 2011. 

3 ‘‘(3) RECIPIENTS.—The Secretary may allocate 

4 grants to State agencies, local governments, and other 

5 persons for carrying out activities and projects that 

6 improve commercial driver’s license safety and com7 pliance with commercial driver’s license and commer8 cial motor vehicle safety regulations in accordance 

9 with the program goals under paragraph (1) and that 

10 train operators on commercial motor vehicles. The 

11 Secretary may make a grant to a State to comply 

12 with section 31311 for commercial driver’s license 

13 program coordinators and for notification systems. 

14 ‘‘(4) FEDERAL SHARE.—The Federal share of a 

15 grant made under this program shall be at least 80 

16 percent, except that the Federal share of grants for 

17 commercial driver license program coordinators and 

18 training commercial motor vehicle operators shall be 

19 100 percent.’’. 

20 (b) CONFORMING AMENDMENT.—The analysis of chap21 ter 313 is amended by striking the item relating to section 

22 31313 and inserting the following: 

‘‘31313. Driver safety grants.’’. 


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1 SEC. 610. COMMERCIAL VEHICLE INFORMATION SYSTEMS 

2 AND NETWORKS. 

3 Not later than 6 months after the date of enactment 

4 of this Act, the Secretary shall submit a report to the Com5 mittee on Commerce, Science, and Transportation of the 

6 Senate and the Committee on Transportation and Infra7 structure of the House of Representatives that includes— 

8 (1) established time frames and milestones for re9 suming the Commercial Vehicle Information Systems 

10 and Networks Program; and 

11 (2) a strategic workforce plan for its grants 

12 management office to ensure that it has determined 

13 the skills and competencies that are critical to achiev14 ing its mission goals. 

15 TITLE VII—MOTORCOACH 

16 ENHANCED SAFETY ACT OF 2011 

17 SEC. 701. SHORT TITLE. 

18 This title may be cited as the ‘‘Motorcoach Enhanced 

19 Safety Act of 2011’’. 

20 SEC. 702. DEFINITIONS. 

21 In this Act: 

22 (1) ADVANCED GLAZING.—The term ‘‘advanced 

23 glazing’’ means glazing installed in a portal on the 

24 side or the roof of a motorcoach that is designed to 

25 be highly resistant to partial or complete occupant 

26 ejection in all types of motor vehicle crashes. 


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1 (2) BUS.—The term ‘‘bus’’ has the meaning 

2 given the term in section 571.3(b) of title 49, Code of 

3 Federal Regulations (as in effect on the day before the 

4 date of enactment of this Act). 

5 (3) COMMERCIAL MOTOR VEHICLE.—Except as 

6 otherwise specified, the term ‘‘commercial motor vehi7 cle’’ has the meaning given the term in section 

8 31132(1) of title 49, United States Code. 

9 (4) DIRECT TIRE PRESSURE MONITORING SYS10 TEM.—The term ‘‘direct tire pressure monitoring sys11 tem’’ means a tire pressure monitoring system that is 

12 capable of directly detecting when the air pressure 

13 level in any tire is significantly under-inflated and 

14 providing the driver a low tire pressure warning as 

15 to which specific tire is significantly under-inflated. 

16 (5) ELECTRONIC ON-BOARD RECORDER.—The 

17 term ‘‘electronic on-board recorder’’ means an elec18 tronic device that acquires and stores data showing 

19 the record of duty status of the vehicle operator and 

20 performs the functions required of an automatic on21 board recording device in section 395.15(b) of title 49, 

22 Code of Federal Regulations. 

23 (6) EVENT DATA RECORDER.—The term ‘‘event 

24 data recorder’’ has the meaning given that term in 

25 section 563.5 of title 49, Code of Federal Regulations. 


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1 (7) MOTOR CARRIER.—The term ‘‘motor carrier’’ 

2 means— 

3 (A) a motor carrier (as defined in section 

4 13102(14) of title 49, United States Code); or 

5 (B) a motor private carrier (as defined in 

6 section 13102(15) of that title). 

7 (8) MOTORCOACH.—The term ‘‘motorcoach’’ has 

8 the meaning given the term ‘‘over-the-road bus’’ in 

9 section 3038(a)(3) of the Transportation Equity Act 

10 for the 21st Century (49 U.S.C. 5310 note), but does 

11 not include— 

12 (A) a bus used in public transportation 

13 provided by, or on behalf of, a public transpor14 tation agency; or 

15 (B) a school bus, including a multifunction 

16 school activity bus. 

17 (9) MOTORCOACH SERVICES.—The term ‘‘motor18 coach services’’ means passenger transportation by 

19 motorcoach for compensation. 

20 (10) MULTIFUNCTION SCHOOL ACTIVITY BUS.— 

21 The term ‘‘multifunction school activity bus’’ has the 

22 meaning given the term in section 571.3(b) of title 49, 

23 Code of Federal Regulations (as in effect on the day 

24 before the date of enactment of this Act). 


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1 (11) PORTAL.—The term ‘‘portal’’ means any 

2 opening on the front, side, rear, or roof of a motor3 coach that could, in the event of a crash involving the 

4 motorcoach, permit the partial or complete ejection of 

5 any occupant from the motorcoach, including a young 

6 child. 

7 (12) PROVIDER OF MOTORCOACH SERVICES.— 

8 The term ‘‘provider of motorcoach services’’ means a 

9 motor carrier that provides passenger transportation 

10 services with a motorcoach, including per-trip com11 pensation and contracted or chartered compensation. 

12 (13) PUBLIC TRANSPORTATION.—The term ‘‘pub13 lic transportation’’ has the meaning given the term in 

14 section 5302 of title 49, United States Code. 

15 (14) SAFETY BELT.—The term ‘‘safety belt’’ has 

16 the meaning given the term in section 153(i)(4)(B) of 

17 title 23, United States Code. 

18 (15) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Transportation. 

20 SEC. 703. REGULATIONS FOR IMPROVED OCCUPANT PRO21 TECTION, PASSENGER EVACUATION, AND 

22 CRASH AVOIDANCE. 

23 (a) REGULATIONS REQUIRED WITHIN 1 YEAR.—Not 

24 later than 1 year after the date of enactment of this Act, 

25 the Secretary shall prescribe regulations requiring safety 


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1 belts to be installed in motorcoaches at each designated seat2 ing position. 

3 (b) REGULATIONS REQUIRED WITHIN 2 YEARS.—Not 

4 later than 2 years after the date of enactment of this Act, 

5 the Secretary shall prescribe the following commercial 

6 motor vehicle regulations: 

7 (1) ROOF STRENGTH AND CRUSH RESISTANCE.— 

8 The Secretary shall establish improved roof and roof 

9 support standards for motorcoaches that substantially 

10 improve the resistance of motorcoach roofs to deforma11 tion and intrusion to prevent serious occupant injury 

12 in rollover crashes involving motorcoaches. 

13 (2) ANTI-EJECTION SAFETY COUNTER14 MEASURES.—The Secretary shall require advanced 

15 glazing to be installed in each motorcoach portal and 

16 shall consider other portal improvements to prevent 

17 partial and complete ejection of motorcoach pas18 sengers, including children. In prescribing such 

19 standards, the Secretary shall consider the impact of 

20 such standards on the use of motorcoach portals as a 

21 means of emergency egress. 

22 (3) ROLLOVER CRASH AVOIDANCE.—The Sec23 retary shall require motorcoaches to be equipped with 

24 stability enhancing technology, such as electronic sta25 bility control and torque vectoring, to reduce the 


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1 number and frequency of rollover crashes among 

2 motorcoaches. 

3 (c) COMMERCIAL MOTOR VEHICLE TIRE PRESSURE

4 MONITORING SYSTEMS.—Not later than 3 years after the 

5 date of enactment of this Act, the Secretary shall prescribe 

6 the following commercial vehicle regulation: 

7 (1) IN GENERAL.—The Secretary shall require 

8 motorcoaches to be equipped with direct tire pressure 

9 monitoring systems that warn the operator of a com10 mercial motor vehicle when any tire exhibits a level 

11 of air pressure that is below a specified level of air 

12 pressure established by the Secretary. 

13 (2) PERFORMANCE REQUIREMENTS.—The regula14 tion prescribed by the Secretary under this subsection 

15 shall include performance requirements to ensure that 

16 direct tire pressure monitoring systems are capable 

17 of— 

18 (A) providing a warning to the driver when 

19 1 or more tires are underinflated; 

20 (B) activating in a specified time period 

21 after the underinflation is detected; and 

22 (C) operating at different vehicle speeds. 

23 (d) APPLICATION OF REGULATIONS.— 

24 (1) NEW MOTORCOACHES.—Any regulation pre25 scribed in accordance with subsection (a), (b), or (c) 


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1 shall apply to all motorcoaches manufactured more 

2 than 2 years after the date on which the regulation 

3 is published as a final rule. 

4 (2) RETROFIT REQUIREMENTS FOR EXISTING

5 MOTORCOACHES.— 

6 (A) IN GENERAL.—The Secretary may, by 

7 regulation, provide for the application of any re8 quirement established under subsection (a) or 

9 (b)(2) to motorcoaches manufactured before the 

10 date on which the requirement applies to new 

11 motorcoaches under paragraph (1) based on an 

12 assessment of the feasibility, benefits, and costs of 

13 retrofitting the older motorcoaches. 

14 (B) ASSESSMENT.—The Secretary shall 

15 complete an assessment with respect to safety belt 

16 retrofits not later than 1 year after the date of 

17 enactment of this Act and with respect to anti18 ejection countermeasure retrofits not later than 2 

19 years after the date of enactment of this Act. 

20 (e) FAILURE TO MEET DEADLINE.—If the Secretary 

21 determines that a final rule cannot be issued before the 

22 deadline established under this section, the Secretary 

23 shall— 

24 (1) submit a report to the Committee on Com25 merce, Science, and Transportation of the Senate and 


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1 the Committee on Energy and Commerce of the House 

2 of Representatives that explains why the deadline 

3 cannot be met; and 

4 (2) establish a new deadline for the issuance of 

5 the final rule. 

6 SEC. 704. STANDARDS FOR IMPROVED FIRE SAFETY. 

7 (a) EVALUATIONS.—Not later than 18 months after the 

8 date of enactment of this Act, the Secretary shall initiate 

9 the following rulemaking proceedings: 

10 (1) FLAMMABILITY STANDARD FOR EXTERIOR

11 COMPONENTS.—The Secretary shall establish require12 ments for fire hardening or fire resistance of motor13 coach exterior components to prevent fire and smoke 

14 inhalation injuries to occupants. 

15 (2) SMOKE SUPPRESSION.—The Secretary shall 

16 update Federal Motor Vehicle Safety Standard Num17 ber 302 (49 C.F.R. 571.302; relating to flammability 

18 of interior materials) to improve the resistance of mo19 torcoach interiors and components to burning and 

20 permit sufficient time for the safe evacuation of pas21 sengers from motorcoaches. 

22 (3) PREVENTION OF, AND RESISTANCE TO, 

23 WHEEL WELL FIRES.—The Secretary shall establish 

24 requirements— 


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1 (A) to prevent and mitigate the propagation 

2 of wheel well fires into the passenger compart3 ment; and 

4 (B) to substantially reduce occupant deaths 

5 and injuries from such fires. 

6 (4) AUTOMATIC FIRE SUPPRESSION.—The Sec7 retary shall establish requirements for motorcoaches to 

8 be equipped with highly effective fire suppression sys9 tems that automatically respond to and suppress all 

10 fires in such motorcoaches. 

11 (5) PASSENGER EVACUATION.—The Secretary 

12 shall establish requirements for motorcoaches to be 

13 equipped with— 

14 (A) improved emergency exit window, door, 

15 roof hatch, and wheelchair lift door designs to ex16 pedite access and use by passengers of 

17 motorcoaches under all emergency circumstances, 

18 including crashes and fires; and 

19 (B) emergency interior lighting systems, in20 cluding luminescent or retroreflectorized delinea21 tion of evacuation paths and exits, which are 

22 triggered by a crash or other emergency incident 

23 to accomplish more rapid and effective evacu24 ation of passengers. 


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1 (6) CAUSATION AND PREVENTION OF MOTOR2 COACH FIRES.—The Secretary shall examine the prin3 ciple causes of motorcoach fires and vehicle design 

4 changes intended to reduce the number of motorcoach 

5 fires resulting from those principle causes. 

6 (b) DEADLINE.—Not later than 42 months after the 

7 date of enactment of this Act, the Secretary shall— 

8 (1) issue final rules in accordance with sub9 section (a); or 

10 (2) if the Secretary determines that any stand11 ard is not warranted based on the requirements and 

12 considerations set forth in subsection (a) and (b) of 

13 section 30111 of title 49, United States Code, submit 

14 a report that describes the reasons for not prescribing 

15 such a standard to— 

16 (A) the Committee on Commerce, Science, 

17 and Transportation of the Senate; and 

18 (B) the Committee on Energy and Com19 merce of the House of Representatives. 

20 (c) TIRE PERFORMANCE STANDARD.—Not later than 

21 3 years after the date of enactment of this Act, the Secretary 

22 shall— 

23 (1) issue a final rule upgrading performance 

24 standards for tires used on motorcoaches, including 


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1 an enhanced endurance test and a new high-speed 

2 performance test; or 

3 (2) if the Secretary determines that a standard 

4 is not warranted based on the requirements and con5 siderations set forth in subsections (a) and (b) of sec6 tion 30111 of title 49, United States Code, submit a 

7 report that describes the reasons for not prescribing 

8 such a standard to— 

9 (A) the Committee on Commerce, Science, 

10 and Transportation of the Senate; and 

11 (B) the Committee on Energy and Com12 merce of the House of Representatives. 

13 SEC. 705. OCCUPANT PROTECTION, COLLISION AVOIDANCE, 

14 FIRE CAUSATION, AND FIRE EXTINGUISHER 

15 RESEARCH AND TESTING. 

16 (a) SAFETY RESEARCH INITIATIVES.—Not later than 

17 2 years after the date of enactment of this Act, the Secretary 

18 shall complete the following research and testing: 

19 (1) IMPROVED FIRE EXTINGUISHERS.—The Sec20 retary shall research and test the need to install im21 proved fire extinguishers or other readily available 

22 firefighting equipment in motorcoaches to effectively 

23 extinguish fires in motorcoaches and prevent pas24 senger deaths and injuries. 


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1 (2) INTERIOR IMPACT PROTECTION.—The Sec2 retary shall research and test enhanced occupant im3 pact protection standards for motorcoach interiors to 

4 reduce substantially serious injuries for all passengers 

5 of motorcoaches. 

6 (3) COMPARTMENTALIZATION SAFETY COUNTER7 MEASURES.—The Secretary shall require enhanced 

8 compartmentalization safety countermeasures for 

9 motorcoaches, including enhanced seating designs, to 

10 substantially reduce the risk of passengers being 

11 thrown from their seats and colliding with other pas12 sengers, interior surfaces, and components in the 

13 event of a crash involving a motorcoach. 

14 (4) COLLISION AVOIDANCE SYSTEMS.—The Sec15 retary shall research and test forward and lateral 

16 crash warning systems applications for motorcoaches. 

17 (b) RULEMAKING.—Not later than 2 years after the 

18 completion of each research and testing initiative required 

19 under subsection (a), the Secretary shall issue final motor 

20 vehicle safety standards if the Secretary determines that 

21 such standards are warranted based on the requirements 

22 and considerations set forth in subsections (a) and (b) of 

23 section 30111 of title 49, United States Code. 


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1 SEC. 706. MOTORCOACH REGISTRATION. 

2 (a) REGISTRATION REQUIREMENTS.—Section 

3 13902(b) is amended— 

4 (1) by redesignating paragraphs (1) through (8) 

5 as paragraphs (4) through (11), respectively; and 

6 (2) by inserting before paragraph (4), as redesig7 nated, the following: 

8 ‘‘(1) ADDITIONAL REGISTRATION REQUIREMENTS

9 FOR PROVIDERS OR MOTORCOACH SERVICES.—In ad10 dition to meeting the requirements under subsection 

11 (a)(1), the Secretary may not register a person to 

12 provide motorcoach services until after the person— 

13 ‘‘(A) undergoes a preauthorization safety 

14 audit, including verification, in a manner suffi15 cient to demonstrate the ability to comply with 

16 Federal rules and regulations, of— 

17 ‘‘(i) a drug and alcohol testing pro18 gram under part 40 of title 49, Code of Fed19 eral Regulations; 

20 ‘‘(ii) the carrier’s system of compliance 

21 with hours-of-service rules, including hours22 of-service records; 

23 ‘‘(iii) the ability to obtain required in24 surance; 

25 ‘‘(iv) driver qualifications, including 

26 the validity of the commercial driver’s liVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6203 E:\BILLS\S1950.RS S1950

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1 cense of each driver who will be operating 

2 under such authority; 

3 ‘‘(v) disclosure of common ownership, 

4 common control, common management, 

5 common familial relationship, or other cor6 porate relationship with another motor car7 rier or applicant for motor carrier author8 ity during the past 3 years; 

9 ‘‘(vi) records of the State inspections, 

10 or of a Level I or V Commercial Vehicle 

11 Safety Alliance Inspection, for all vehicles 

12 that will be operated by the carrier; 

13 ‘‘(vii) safety management programs, 

14 including vehicle maintenance and repair 

15 programs; and 

16 ‘‘(viii) the ability to comply with the 

17 Americans with Disabilities Act of 1990 (42 

18 U.S.C. 12101 et seq.), and the Over-the19 Road Bus Transportation Accessibility Act 

20 of 2007 (122 Stat. 2915); 

21 ‘‘(B) has been interviewed to review safety 

22 management controls and the carrier’s written 

23 safety oversight policies and practices; and 

24 ‘‘(C) through the successful completion of a 

25 written examination developed by the Secretary, 


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1 has demonstrated proficiency to comply with 

2 and carry out the requirements and regulations 

3 described in subsection (a)(1). 

4 ‘‘(2) PRE-AUTHORIZATION SAFETY AUDIT.—The 

5 pre-authorization safety audit required under para6 graph (1)(A) shall be completed on-site not later than 

7 90 days following the submission of an application 

8 for operating authority. 

9 ‘‘(3) FEE.—The Secretary may establish, under 

10 section 9701 of title 31, a fee of not more than $1,200 

11 for new registrants that as nearly as possible covers 

12 the costs of performing a preauthorization safety 

13 audit. Amounts collected under this subsection shall 

14 be deposited in the Highway Trust Fund (other than 

15 the Mass Transit Account).’’. 

16 (b) SAFETY REVIEWS OF NEW OPERATORS.—Section 

17 31144(g)(1) is amended by inserting ‘‘transporting prop18 erty’’ after ‘‘each operator’’. 

19 (c) CONFORMING AMENDMENT.—Section 

20 24305(a)(3)(A)(i) is amended by striking ‘‘section 

21 13902(b)(8)(A)’’ and inserting ‘‘section 13902(b)(11)(A)’’. 

22 (d) EFFECTIVE DATE.—The amendments made by this 

23 section shall take effect 1 year after the date of enactment 

24 of this Act. 


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1 SEC. 707. IMPROVED OVERSIGHT OF MOTORCOACH SERV2 ICE PROVIDERS. 

3 Section 31144, as amended by sections 204 and 604 

4 of this Act, is amended by adding at the end the following: 

5 ‘‘(j) PERIODIC SAFETY REVIEWS OF PROVIDERS OF

6 MOTORCOACH SERVICES.— 

7 ‘‘(1) SAFETY REVIEW.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall— 

9 ‘‘(i) determine the safety fitness of all 

10 providers of motorcoach services registered 

11 with the Federal Motor Carrier Safety Ad12 ministration; and 

13 ‘‘(ii) assign a safety fitness rating to 

14 each such provider. 

15 ‘‘(B) APPLICABILITY.—Subparagraph (A) 

16 shall apply— 

17 ‘‘(i) to any provider of motorcoach 

18 services registered with the Administration 

19 after the date of enactment of the Motor20 coach Enhanced Safety Act of 2011 begin21 ning not later than 2 years after the date 

22 of such registration; and 

23 ‘‘(ii) to any provider of motorcoach 

24 services registered with the Administration 

25 on or before the date of enactment of that 


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1 Act beginning not later than 3 years after 

2 the date of enactment of that Act. 

3 ‘‘(2) PERIODIC REVIEW.—The Secretary shall es4 tablish, by regulation, a process for monitoring the 

5 safety performance of each provider of motorcoach 

6 services on a regular basis following the assignment 

7 of a safety fitness rating, including progressive inter8 vention to correct unsafe practices. 

9 ‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi10 tion to the enhanced monitoring and enforcement ac11 tions required under paragraph (2), the Secretary 

12 may organize special enforcement strike forces tar13 geting providers of motorcoach services. 

14 ‘‘(4) PERIODIC UPDATE OF SAFETY FITNESS RAT15 ING.—In conducting the safety reviews required under 

16 this subsection, the Secretary shall reassess the safety 

17 fitness rating of each provider not less frequently than 

18 once every 3 years. 

19 ‘‘(5) MOTORCOACH SERVICES DEFINED.—In this 

20 subsection, the term ‘provider of motorcoach services’ 

21 has the meaning given such term in section 702 of the 

22 Motorcoach Enhanced Safety Act of 2011.’’. 


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1 SEC. 708. REPORT ON FEASIBILITY, BENEFITS, AND COSTS 

2 OF ESTABLISHING A SYSTEM OF CERTIFI3 CATION OF TRAINING PROGRAMS. 

4 Not later than 2 years after the date of the enactment 

5 of this Act, the Secretary shall submit a report to the Com6 mittee on Commerce, Science, and Transportation of the 

7 Senate and the Committee on Transportation and Infra8 structure of the House of Representatives that describes the 

9 feasibility, benefits, and costs of establishing a system of cer10 tification of public and private schools and of motor car11 riers and motorcoach operators that provide motorcoach 

12 driver training. 

13 SEC. 709. REPORT ON DRIVER’S LICENSE REQUIREMENTS 

14 FOR 9- TO 15-PASSENGER VANS. 

15 (a) IN GENERAL.—Not later than 18 months after the 

16 date of enactment of this Act, the Secretary shall submit 

17 a report to the Committee on Commerce, Science, and 

18 Transportation of the Senate and the Committee on Trans19 portation and Infrastructure of the House of Representa20 tives that examines requiring all or certain classes of driv21 ers operating a vehicle, which is designed or used to trans22 port not fewer than 9 and not more than 15 passengers 

23 (including a driver) in interstate commerce, to have a com24 mercial driver’s license passenger-carrying endorsement 

25 and be tested in accordance with a drug and alcohol testing 


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1 program under part 40 of title 49, Code of Federal Regula2 tions. 

3 (b) CONSIDERATIONS.—In developing the report under 

4 subsection (a), the Secretary shall consider— 

5 (1) the safety benefits of the requirement de6 scribed in subsection (a); 

7 (2) the scope of the population that would be im8 pacted by such requirement; 

9 (3) the cost to the Federal Government and State 

10 governments to meet such requirement; and 

11 (4) the impact on safety benefits and cost from 

12 limiting the application of such requirement to cer13 tain drivers of such vehicles, such as drivers who are 

14 compensated for driving. 

15 SEC. 710. EVENT DATA RECORDERS. 

16 (a) EVALUATION.—Not later than 1 year after the date 

17 of enactment of this Act, the Secretary, after considering 

18 the performance requirements for event data recorders for 

19 passenger vehicles under part 563 of title 49, Code of Fed20 eral Regulations, shall complete an evaluation of event data 

21 recorders, including requirements regarding specific types 

22 of vehicle operations, events and incidents, and systems in23 formation to be recorded, for event data recorders to be used 

24 on motorcoaches used by motor carriers in interstate com25 merce. 


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1 (b) STANDARDS AND REGULATIONS.—Not later than 

2 2 years after completing the evaluation required under sub3 section (a), the Secretary shall issue standards and regula4 tions based on the results of that evaluation. 

5 SEC. 711. SAFETY INSPECTION PROGRAM FOR COMMERCIAL 

6 MOTOR VEHICLES OF PASSENGERS. 

7 Not later than 3 years after the date of enactment of 

8 this Act, the Secretary shall complete a rulemaking pro9 ceeding to consider requiring States to conduct annual in10 spections of commercial motor vehicles designed or used to 

11 transport passengers, including an assessment of— 

12 (1) the risks associated with improperly main13 tained or inspected commercial motor vehicles de14 signed or used to transport passengers; 

15 (2) the effectiveness of existing Federal standards 

16 for the inspection of such vehicles in— 

17 (A) mitigating the risks described in para18 graph (1); and 

19 (B) ensuring the safe and proper operation 

20 condition of such vehicles; and 

21 (3) the costs and benefits of a mandatory State 

22 inspection program. 


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1 SEC. 712. DISTRACTED DRIVING. 

2 (a) IN GENERAL.—Chapter 311, as amended by sec3 tions 113, 508, and 512 of this Act, is amended by adding 

4 after section 31154 the following: 

5 ‘‘§ 31155. Regulation of the use of distracting devices 

6 in motorcoaches 

7 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of the Motorcoach Enhanced Safety Act 

9 of 2011, the Secretary of Transportation shall prescribe reg10 ulations on the use of electronic or wireless devices, includ11 ing cell phones and other distracting devices, by an indi12 vidual employed as the operator of a motorcoach (as defined 

13 in section 702 of that Act). 

14 ‘‘(b) BASIS FOR REGULATIONS.—The Secretary shall 

15 base the regulations prescribed under subsection (a) on acci16 dent data analysis, the results of ongoing research, and 

17 other information, as appropriate. 

18 ‘‘(c) PROHIBITED USE.—Except as provided under 

19 subsection (d), the Secretary shall prohibit the use of the 

20 devices described in subsection (a) in circumstances in 

21 which the Secretary determines that their use interferes 

22 with a driver’s safe operation of a motorcoach. 

23 ‘‘(d) PERMITTED USE.—The Secretary may permit the 

24 use of a device that is otherwise prohibited under subsection 

25 (c) if the Secretary determines that such use is necessary 


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1 for the safety of the driver or the public in emergency cir2 cumstances.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

4 chapter 311 is amended by inserting after the item relating 

5 to section 31154 the following: 

‘‘31155. Regulation of the use of distracting devices in motorcoaches.’’. 

6 SEC. 713. REGULATIONS. 

7 Any standard or regulation prescribed or modified 

8 pursuant to the Motorcoach Enhanced Safety Act of 2011 

9 shall be prescribed or modified in accordance with section 

10 553 of title 5, United States Code. 

11 TITLE VIII—SAFE HIGHWAYS 

12 AND INFRASTRUCTURE PRES13 ERVATION 

14 SEC. 801. COMPREHENSIVE TRUCK SIZE AND WEIGHT LIM15 ITS STUDY. 

16 (a) TRUCK SIZE AND WEIGHT LIMITS STUDY.—Not 

17 later than 90 days after the date of enactment of this Act, 

18 the Secretary, in consultation with each relevant State and 

19 other applicable Federal agencies, shall commence a com20 prehensive truck size and weight limits study. The study 

21 shall— 

22 (1) provide data on accident frequency and fac23 tors related to accident risk of each route of the Na24 tional Highway System in each State that allows a 

25 vehicle to operate with size and weight limits that are 


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1 in excess of the Federal law and regulations and its 

2 correlation to truck size and weight limits; 

3 (2) evaluate the impacts to the infrastructure of 

4 each route of the National Highway System in each 

5 State that allows a vehicle to operate with size and 

6 weight limits that are in excess of the Federal law 

7 and regulations, including— 

8 (A) an analysis that quantifies the cost and 

9 benefits of the impacts in dollars; 

10 (B) an analysis of the percentage of trucks 

11 operating in excess of the Federal size and 

12 weight limits; and 

13 (C) an analysis that examines the ability of 

14 each State to recover the cost for the impacts, or 

15 the benefits incurred; 

16 (3) evaluate the impacts and frequency of viola17 tions in excess of the Federal size and weight law and 

18 regulations to determine the cost of the enforcement of 

19 the law and regulations, and the effectiveness of the 

20 enforcement methods; 

21 (4) examine the relationship between truck per22 formance and crash involvement and its correlation to 

23 Federal size and weight limits, including the impacts 

24 on crashes; 


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1 (5) assess the impacts that truck size and weight 

2 limits in excess of the Federal law and regulations 

3 have in the risk of bridge failure contributing to the 

4 structural deficiencies of bridges or in the useful life 

5 of a bridge, including the impacts resulting from the 

6 number of bridge loadings; 

7 (6) analyze the impacts on safety and infrastruc8 ture in each State that allows a truck to operate in 

9 excess of Federal size and weight limitations in truck10 only lanes; and 

11 (7) compare and contrast the safety and infra12 structure impacts of the Federal limits regarding 

13 truck size and weight limits in relation to— 

14 (A) six-axle and other alternative configura15 tions of tractor-trailers; and 

16 (B) safety records of foreign nations with 

17 truck size and weight limits and tractor-trailer 

18 configurations that differ from the Federal law 

19 and regulations. 

20 (b) REPORT.—Not later than 2 years after the date 

21 that the study is commenced under subsection (a), the Sec22 retary shall submit a final report on the study, including 

23 all findings and recommendations, to the Committee on 

24 Commerce, Science, and Transportation and the Committee 

25 on Environment and Public Works of the Senate and the 


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1 Committee on Transportation and Infrastructure of the 

2 House of Representatives. 

3 SEC. 802. COMPILATION OF EXISTING STATE TRUCK SIZE 

4 AND WEIGHT LIMIT LAWS. 

5 (a) IN GENERAL.—Not later than 90 days after the 

6 date of enactment of this Act, the Secretary, in consultation 

7 with the States, shall begin to compile— 

8 (1) a list for each State, as applicable, that de9 scribes each route of the National Highway System 

10 that allows a vehicle to operate in excess of the Fed11 eral truck size and weight limits that— 

12 (A) was authorized under State law on or 

13 before the date of enactment of this Act; and 

14 (B) was in actual and lawful operation on 

15 a regular or periodic basis (including seasonal 

16 operations) on or before the date of enactment of 

17 this Act; 

18 (2) a list for each State, as applicable, that de19 scribes— 

20 (A) the size and weight limitations applica21 ble to each segment of the National Highway 

22 System in that State as listed under paragraph 

23 (1); 

24 (B) each combination that exceeds the Inter25 state weight limit, but that the Department of 


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1 Transportation, other Federal agency, or a State 

2 agency has determined on or before the date of 

3 enactment of this Act, could be or could have 

4 been lawfully operated in the State; and 

5 (C) each combination that exceeds the Inter6 state weight limit, but that the Secretary deter7 mines could have been lawfully operated on a 

8 non-Interstate segment of the National Highway 

9 System in the State on or before the date of en10 actment of this Act; and 

11 (3) a list of each State law that designates or al12 lows designation of size and weight limitations in ex13 cess of Federal law and regulations on routes of the 

14 National Highway System, including nondivisible 

15 loads. 

16 (b) SPECIFICATIONS.—The Secretary, in consultation 

17 with the States, shall specify whether the determinations 

18 under paragraphs (1) and (2) of subsection (a) were made 

19 by the Department of Transportation, other Federal agency, 

20 or a State agency. 

21 (c) REPORT.—Not later than 2 years after the date of 

22 enactment of this Act, the Secretary shall submit a final 

23 report of the compilation under subsection (a) to the Com24 mittee on Commerce, Science, and Transportation and the 

25 Committee on Environment and Public Works of the Senate 


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1 and the Committee on Transportation and Infrastructure 

2 of the House of Representatives. 

3 TITLE IX—MISCELLANEOUS 

4 SEC. 901. DETENTION TIME STUDY. 

5 (a) STUDY.—Not later than 30 days after the date of 

6 enactment of this Act, the Secretary shall task the Motor 

7 Carrier Safety Advisory Committee to study the extent to 

8 which detention time contributes to drivers violating hours 

9 of service requirements and driver fatigue. In conducting 

10 this study, the Committee shall— 

11 (1) examine data collected from driver and vehi12 cle inspections; 

13 (2) consult with— 

14 (A) motor carriers and drivers, shippers, 

15 and representatives of ports and other facilities 

16 where goods are loaded and unloaded; 

17 (B) government officials; and 

18 (C) other parties as appropriate; and 

19 (3) provide recommendations to the Secretary for 

20 addressing issues identified in the study. 

21 (b) REPORT.—Not later than 18 months after the date 

22 of enactment of this Act, the Secretary shall provide a re23 port to the Committee on Commerce, Science, and Trans24 portation of the Senate and the Committee on Transpor25 tation and Infrastructure of the House of Representatives 


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1 that includes recommendations for legislation and for ad2 dressing the results of the study. 

3 SEC. 902. PROHIBITION OF COERCION. 

4 Section 31136(a) is amended by— 

5 (1) striking ‘‘and’’ at the end of paragraph (3); 

6 (2) striking the period at the end of paragraph 

7 (4) and inserting ‘‘; and’’; and 

8 (3) adding after subsection (4) the following: 

9 ‘‘(5) an operator of a commercial motor vehicle 

10 is not coerced by a motor carrier, shipper, receiver, or 

11 transportation intermediary to operate a commercial 

12 motor vehicle in violation of a regulation promul13 gated under this section, or chapter 51 or chapter 313 

14 of this title.’’. 

15 SEC. 903. MOTOR CARRIER SAFETY ADVISORY COMMITTEE. 

16 (a) MEMBERSHIP.—Section 4144(b)(1) of the Safe, Ac17 countable, Flexible, Efficient Transportation Equity Act: A 

18 Legacy for Users (49 U.S.C. 31100 note), is amended by 

19 inserting ‘‘nonprofit employee labor organizations rep20 resenting commercial motor vehicle drivers,’’ after ‘‘indus21 try,’’. 

22 (b) TERMINATION DATE.—Section 4144(d) of the Safe, 

23 Accountable, Flexible, Efficient Transportation Equity Act: 

24 A Legacy for Users (49 U.S.C. 31100 note), is amended by 


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1 striking ‘‘March 31, 2012’’ and inserting ‘‘September 30, 

2 2013’’. 

3 SEC. 904. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS. 

4 (a) WAIVER STANDARDS.—Section 31315(a) is amend5 ed— 

6 (1) by inserting ‘‘and’’ at the end of paragraph 

7 (2); 

8 (2) by striking paragraph (3); and 

9 (3) redesignating paragraph (4) as paragraph 

10 (3). 

11 (b) EXEMPTION STANDARDS.—Section 31315(b)(4) is 

12 amended— 

13 (1) in subparagraph (A), by inserting ‘‘(or, in 

14 the case of a request for an exemption from the phys15 ical qualification standards for commercial motor ve16 hicle drivers, post on a web site established by the 

17 Secretary to implement the requirements of section 

18 31149)’’ after ‘‘Federal Register’’; 

19 (2) by amending subparagraph (B) to read as 

20 follows: 

21 ‘‘(B) UPON GRANTING A REQUEST.—Upon 

22 granting a request and before the effective date of 

23 the exemption, the Secretary shall publish in the 

24 Federal Register (or, in the case of an exemption 

25 from the physical qualification standards for 


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1 commercial motor vehicle drivers, post on a web 

2 site established by the Secretary to implement 

3 the requirements of section 31149) the name of 

4 the person granted the exemption, the provisions 

5 from which the person is exempt, the effective pe6 riod, and the terms and conditions of the exemp7 tion.’’; and 

8 (3) in subparagraph (C), by inserting ‘‘(or, in 

9 the case of a request for an exemption from the phys10 ical qualification standards for commercial motor ve11 hicle drivers, post on a web site established by the 

12 Secretary to implement the requirements of section 

13 31149)’’ after ‘‘Federal Register’’. 

14 (c) PROVIDING NOTICE OF EXEMPTIONS TO STATE

15 PERSONNEL.—Section 31315(b)(7) is amended to read as 

16 follows: 

17 ‘‘(7) NOTIFICATION OF STATE COMPLIANCE AND

18 ENFORCEMENT PERSONNEL.—Before the effective date 

19 of an exemption, the Secretary shall notify a State 

20 safety compliance and enforcement agency, and re21 quire the agency pursuant to section 31102(b)(1)(Y) 

22 to notify the State’s roadside inspectors, that a person 

23 will be operating pursuant to an exemption and the 

24 terms and conditions that apply to the exemption.’’. 


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1 (d) PILOT PROGRAMS.—Section 31315(c)(1) is amend2 ed by striking ‘‘in the Federal Register’’. 

3 (e) REPORT TO CONGRESS.—Section 31315 is amend4 ed by adding after subsection (d) the following: 

5 ‘‘(e) REPORT TO CONGRESS.—The Secretary shall sub6 mit an annual report to the Committee on Commerce, 

7 Science, and Transportation of the Senate and the Com8 mittee on Transportation and Infrastructure of the House 

9 of Representatives listing the waivers, exemptions, and pilot 

10 programs granted under this section, and any impacts on 

11 safety. 

12 ‘‘(f) WEB SITE.—The Secretary shall ensure that the 

13 Federal Motor Carrier Safety Administration web site in14 cludes a link to the web site established by the Secretary 

15 to implement the requirements under sections 31149 and 

16 31315. The link shall be in a clear and conspicuous location 

17 on the home page of the Federal Motor Carrier Safety Ad18 ministration web site and be easily accessible to the pub19 lic.’’. 

20 SEC. 905. TRANSPORTATION OF HORSES. 

21 Section 80502 is amended— 

22 (1) in subsection (c), by striking ‘‘This section 

23 does not’’ and inserting ‘‘Subsections (a) and (b) shall 

24 not’’; 


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1 (2) by redesignating subsection (d) as subsection 

2 (e); 

3 (3) by inserting after subsection (c) the fol4 lowing: 

5 ‘‘(d) TRANSPORTATION OF HORSES.— 

6 ‘‘(1) PROHIBITION.—No person may transport, 

7 or cause to be transported, a horse from a place in 

8 a State, the District of Columbia, or a territory or 

9 possession of the United States through or to a place 

10 in another State, the District of Columbia, or a terri11 tory or possession of the United States in a motor ve12 hicle containing 2 or more levels stacked on top of 

13 each other. 

14 ‘‘(2) MOTOR VEHICLE DEFINED.—In this sub15 section, the term ‘motor vehicle’— 

16 ‘‘(A) means a vehicle driven or drawn by 

17 mechanical power and manufactured primarily 

18 for use on public highways; and 

19 ‘‘(B) does not include a vehicle operated ex20 clusively on a rail or rails.’’; and 

21 (4) in subsection (e), as redesignated— 

22 (A) by striking ‘‘A rail carrier’’ and insert23 ing the following: 

24 ‘‘(1) IN GENERAL.—A rail carrier’’; 


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1 (B) by striking ‘‘this section’’ and inserting 

2 ‘‘subsection (a) or (b)’’; and 

3 (C) by striking ‘‘On learning’’ and insert4 ing before ‘‘of a violation’’ the following: 

5 ‘‘(2) TRANSPORTATION OF HORSES IN MULTI6 LEVEL TRAILER.— 

7 ‘‘(A) CIVIL PENALTY.—A person that know8 ingly violates subsection (d) is liable to the 

9 United States Government for a civil penalty of 

10 at least $100 but not more than $500 for each 

11 violation. A separate violation occurs under sub12 section (d) for each horse that is transported, or 

13 caused to be transported, in violation of sub14 section (d). 

15 ‘‘(B) RELATIONSHIP TO OTHER LAWS.—The 

16 penalty provided under subparagraph (A) shall 

17 be in addition to any penalty or remedy avail18 able under any other law. 

19 ‘‘(3) CIVIL ACTION.—On learning’’. 

20 TITLE X—HOUSEHOLD GOODS 

21 TRANSPORTATION 

22 SEC. 1001. ADDITIONAL REGISTRATION REQUIREMENTS 

23 FOR HOUSEHOLD GOODS MOTOR CARRIERS. 

24 (a) Section 13902(a)(2) is amended— 


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1 (1) in subparagraph (B), by striking ‘‘section 

2 13702(c);’’ and inserting ‘‘section 13702(c); and’’; 

3 (2) by amending subparagraph (C) to read as 

4 follows: 

5 ‘‘(C) demonstrates, before being registered, 

6 through successful completion of a proficiency ex7 amination established by the Secretary, knowl8 edge and intent to comply with applicable Fed9 eral laws relating to consumer protection, esti10 mating, consumers’ rights and responsibilities, 

11 and options for limitations of liability for loss 

12 and damage.’’; and 

13 (3) by striking subparagraph (D). 

14 (b) COMPLIANCE REVIEWS OF NEW HOUSEHOLD

15 GOODS MOTOR CARRIERS.—Section 31144(g), as amended 

16 by section 102 of this Act, is amended by adding at the 

17 end the following: 

18 ‘‘(6) ADDITIONAL REQUIREMENTS FOR HOUSE19 HOLD GOODS MOTOR CARRIERS.—(A) In addition to 

20 the requirements of this subsection, the Secretary shall 

21 require, by regulation, each registered household goods 

22 motor carrier to undergo a consumer protection 

23 standards review not later than 18 months after the 

24 household goods motor carrier begins operations under 

25 such authority. 


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1 ‘‘(B) ELEMENTS.—In the regulations issued 

2 pursuant to subparagraph (A), the Secretary 

3 shall establish the elements of the consumer pro4 tections standards review, including basic man5 agement controls. In establishing the elements, 

6 the Secretary shall consider the effects on small 

7 businesses and shall consider establishing alter8 nate locations where such reviews may be con9 ducted for the convenience of small businesses.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by this 

11 section shall take effect 2 years after the date of enactment 

12 of this Act. 

13 SEC. 1002. FAILURE TO GIVE UP POSSESSION OF HOUSE14 HOLD GOODS. 

15 (a) INJUNCTIVE RELIEF.—Section 14704(a)(1) is 

16 amended by striking ‘‘and 14103’’ and inserting ‘‘, 14103, 

17 and 14915(c)’’. 

18 (b) CIVIL PENALTIES.—Section 14915(a)(1) is amend19 ed by adding at the end the following: 

20 ‘‘The United States may assign all or a portion of the 

21 civil penalty to an aggrieved shipper. The Secretary of 

22 Transportation shall establish criteria upon which such as23 signments shall be made. The Secretary may order, after 

24 notice and an opportunity for a proceeding, that a person 


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1 found holding a household goods shipment hostage return 

2 the goods to an aggrieved shipper.’’. 

3 SEC. 1003. SETTLEMENT AUTHORITY. 

4 (a) SETTLEMENT OF GENERAL CIVIL PENALTIES.— 

5 Section 14901 is amended by adding at the end the fol6 lowing: 

7 ‘‘(h) SETTLEMENT OF HOUSEHOLD GOODS CIVIL PEN8 ALTIES.—Nothing in this section shall be construed to pro9 hibit the Secretary from accepting partial payment of a 

10 civil penalty as part of a settlement agreement in the public 

11 interest, or from holding imposition of any part of a civil 

12 penalty in abeyance.’’. 

13 (b) SETTLEMENT OF HOUSEHOLD GOODS CIVIL PEN14 ALTIES.—Section 14915(a) is amended by adding at the 

15 end the following: 

16 ‘‘(4) SETTLEMENT AUTHORITY.—Nothing in this 

17 section shall be construed as prohibiting the Secretary 

18 from accepting partial payment of a civil penalty as 

19 part of a settlement agreement in the public interest, 

20 or from holding imposition of any part of a civil pen21 alty in abeyance.’’. 

22 SEC. 1004. HOUSEHOLD GOODS TRANSPORTATION ASSIST23 ANCE PROGRAM. 

24 (a) JOINT ASSISTANCE PROGRAM.—Not later than 18 

25 months after the date of enactment of this Act, the Secretary 


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1 shall develop and implement a joint assistance program, 

2 through the Federal Motor Carrier Safety Administra3 tion— 

4 (1) to educate consumers about the household 

5 goods motor carrier industry pursuant to the rec6 ommendations of the task force established under sec7 tion 1005 of this Act; 

8 (2) to improve the Federal Motor Carrier Safety 

9 Administration’s implementation, monitoring, and 

10 coordination of Federal and State household goods en11 forcement activities; 

12 (3) to assist a consumer with the timely resolu13 tion of an interstate household goods hostage situa14 tion, as appropriate; and 

15 (4) to conduct other enforcement activities as 

16 designated by the Secretary. 

17 (b) JOINT ASSISTANCE PROGRAM PARTNERSHIP.—The 

18 Secretary— 

19 (1) may partner with 1 or more household goods 

20 motor carrier industry groups to implement the joint 

21 assistance program under subsection (a); and 

22 (2) shall ensure that each participating house23 hold goods motor carrier industry group— 

24 (A) implements the joint assistance pro25 gram in the best interest of the consumer; 


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1 (B) implements the joint assistance pro2 gram in the public interest; 

3 (C) accurately represents its financial inter4 ests in providing household goods mover services 

5 in the normal course of business and in assisting 

6 consumers resolving hostage situations; 

7 (D) does not hold itself out or misrepresent 

8 itself as an agent of the Federal government; 

9 (E) abides by Federal regulations and 

10 guidelines for the provision of assistance and re11 ceipt of compensation for household goods mover 

12 services; and 

13 (F) accurately represents the Federal and 

14 State remedies that are available to consumers 

15 for resolving interstate household goods hostage 

16 situations. 

17 (c) REPORT.—The Secretary shall submit a report an18 nually to the Committee on Commerce, Science, and Trans19 portation of the Senate and the Committee on Transpor20 tation and Infrastructure of the House of Representatives 

21 providing a detailed description of the joint assistance pro22 gram under subsection (a). 

23 (d) PROHIBITION.—The joint assistance program 

24 under subsection (a) may not include the provision of funds 


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1 by the United States to a consumer for lost, stolen, or dam2 aged items. 

3 SEC. 1005. HOUSEHOLD GOODS CONSUMER EDUCATION 

4 PROGRAM. 

5 (a) TASK FORCE.—The Secretary of Transportation 

6 shall establish a task force to develop recommendations to 

7 ensure that a consumer is informed of Federal law con8 cerning the transportation of household goods by a motor 

9 carrier, including recommendations— 

10 (1) on how to condense publication ESA 03005 

11 of the Federal Motor Carrier Safety Administration 

12 into a format that can be more easily used by a con13 sumer; and 

14 (2) on the use of state-of-the-art education tech15 niques and technologies, including the use of the 

16 Internet as an educational tool. 

17 (b) TASK FORCE MEMBERS.—The task force shall be 

18 comprised of— 

19 (1) individuals with expertise in consumer af20 fairs; 

21 (2) educators with expertise in how people learn 

22 most effectively; and 

23 (3) representatives of the household goods moving 

24 industry. 


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1 (c) RECOMMENDATIONS.—Not later than 1 year after 

2 the date of enactment of this Act, the task force shall com3 plete its recommendations under subsection (a). Not later 

4 than 1 year after the task force completes its recommenda5 tions under subsection (a), the Secretary shall issue regula6 tions implementing the recommendations, as appropriate. 

7 (d) FEDERAL ADVISORY COMMITTEE ACT EXEMP8 TION.—The Federal Advisory Committee Act (5 U.S.C. 

9 App.) shall not apply to the task force. 

10 (e) TERMINATION.—The task force shall terminate 2 

11 years after the date of enactment of this Act. 

12 TITLE XI—TECHNICAL 

13 AMENDMENTS 

14 SEC. 1101. UPDATE OF OBSOLETE TEXT. 

15 (a) Section 31137(e), as redesignated by section 301 

16 of this Act, is amended by striking ‘‘Not later than Decem17 ber 1, 1990, the Secretary shall prescribe’’ and inserting 

18 ‘‘The Secretary shall maintain’’. 

19 (b) Section 31151(a) is amended— 

20 (1) by amending paragraph (1) to read as fol21 lows: 

22 ‘‘(1) IN GENERAL.—The Secretary of Transpor23 tation shall maintain a program to ensure that inter24 modal equipment used to transport intermodal con25 tainers is safe and systematically maintained.’’; and 


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1 (2) by striking paragraph (4). 

2 (c) Section 31307(b) is amended by striking ‘‘Not later 

3 than December 18, 1994, the Secretary shall prescribe’’ and 

4 inserting ‘‘The Secretary shall maintain’’. 

5 (d) Section 31310(g)(1) is amended by striking ‘‘Not 

6 later than 1 year after the date of enactment of this Act, 

7 the’’ and inserting ‘‘The’’. 

8 (e) Section 4123(f) of the Safe, Accountable, Flexible, 

9 Efficient Transportation Equity Act: A Legacy for Users 

10 (119 Stat. 1736), is amended by striking ‘‘Not later than 

11 1 year after the date of enactment of this Act, the’’ and 

12 inserting ‘‘The’’. 

13 SEC. 1102. CORRECTION OF INTERSTATE COMMERCE COM14 MISSION REFERENCES. 

15 (a) SAFETY INFORMATION AND INTERVENTION IN

16 INTERSTATE COMMERCE COMMISSION PROCEEDINGS.— 

17 Chapter 3 is amended— 

18 (1) by repealing section 307; 

19 (2) in the analysis, by striking the item relating 

20 to section 307; 

21 (3) in section 333(d)(1)(C), by striking ‘‘Inter22 state Commerce Commission’’ and inserting ‘‘Surface 

23 Transportation Board’’; and 

24 (4) in section 333(e)— 


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1 (A) by striking ‘‘Interstate Commerce Com2 mission’’ and inserting ‘‘Surface Transportation 

3 Board’’; and 

4 (B) by striking ‘‘Commission’’ and insert5 ing ‘‘Board’’. 

6 (b) FILING AND PROCEDURE FOR APPLICATION TO

7 ABANDON OR DISCONTINUE.—Section 10903(b)(2) is 

8 amended by striking ‘‘24706(c) of this title’’ and inserting 

9 ‘‘24706(c) of this title before May 31, 1998’’. 

10 (c) RIGHTS AND REMEDIES OF PERSONS INJURED BY

11 CARRIERS OR BROKERS.— 

12 (1) Section 14704 is amended— 

13 (A) in subsection (a)— 

14 (i) by striking ‘‘IN GENERAL.—’’ and 

15 all that follows through ‘‘injured’’ and in16 serting ‘‘ENFORCEMENT OF ORDER.—A per17 son injured’’; and 

18 (ii) by redesignating paragraph (2) as 

19 subsection (b)(1); and 

20 (B) in subsection (b)— 

21 (i) by redesignating subsection (b) as 

22 paragraph (2); 

23 (ii) by striking ‘‘LIABILITY AND DAM24 AGES FOR EXCEEDING TARIFF RATE.—’’ 

25 and all that follows through ‘‘A carrier’’ 


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1 and inserting ‘‘EXCEEDING TARIFF RATE.— 

2 ’’; and 

3 (iii) by striking ‘‘DAMAGES FOR VIOLA4 TIONS.—’’ in paragraph (1), as redesig5 nated, and inserting ‘‘OTHER VIOLA6 TIONS.—’’. 

7 (2) Section 14705(c) is amended by striking 

8 ‘‘14704(b)’’ and inserting ‘‘14704(b)(2)’’. 

9 (d) TECHNICAL AMENDMENTS TO PART C OF SUB10 TITLE V.— 

11 (1) Section 24307(b)(3) is amended by striking 

12 ‘‘Interstate Commerce Commission’’ and inserting 

13 ‘‘Surface Transportation Board’’. 

14 (2) Section 24311 is amended— 

15 (A) by striking ‘‘Interstate Commerce Com16 mission’’ and inserting ‘‘Surface Transportation 

17 Board’’; 

18 (B) by striking ‘‘Commission’’ each place it 

19 appears and inserting ‘‘Board’’; and 

20 (C) by striking ‘‘Commission’s’’ and insert21 ing ‘‘Board’s’’. 

22 (3) Section 24902 is amended— 

23 (A) by striking ‘‘Interstate Commerce Com24 mission’’ each place it appears and inserting 

25 ‘‘Surface Transportation Board’’; and 


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1 (B) by striking ‘‘Commission’’ each place it 

2 appears and inserting ‘‘Board’’. 

3 (4) Section 24904 is amended— 

4 (A) by striking ‘‘Interstate Commerce Com5 mission’’ and inserting ‘‘Surface Transportation 

6 Board’’; and 

7 (B) by striking ‘‘Commission’’ each place it 

8 appears and inserting ‘‘Board’’. 

9 SEC. 1103. TECHNICAL AND CONFORMING AMENDMENTS. 

10 (a) Section 14504a(c)(1) is amended— 

11 (1) in subparagraph (C), by striking ‘‘sections’’ 

12 and inserting ‘‘section’’; and 

13 (2) in subparagraph (D)(ii)(II) by striking the 

14 period at the end and inserting ‘‘; and’’. 

15 (b) Section 31103(a) is amended by striking ‘‘section 

16 31102(b)(1)(E)’’ and inserting ‘‘section 31102(b)(2)(E)’’. 

17 (c) Section 31103(b) is amended by striking ‘‘author18 ized by section 31104(f)(2)’’. 

19 (d) Section 31309(b)(2) is amended by striking 

20 ‘‘31308(2)’’ and inserting ‘‘31308(3)’’. 


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1 TITLE XII—SURFACE TRANSPOR2 TATION AND FREIGHT POLICY 

3 ACT OF 2011 

4 SEC. 1201. SHORT TITLE. 

5 This title may be cited as the ‘‘Surface Transportation 

6 and Freight Policy Act of 2011’’. 

7 SEC. 1202. ESTABLISHMENT OF A NATIONAL SURFACE 

8 TRANSPORTATION AND FREIGHT POLICY. 

9 (a) IN GENERAL.—Subchapter I of chapter 3, as 

10 amended by section 1102 of this Act, is amended— 

11 (1) by redesignating sections 304 through 306 as 

12 sections 307 through 309, respectively; 

13 (2) by redesignating sections 308 and 309 as sec14 tions 310 and 311, respectively; 

15 (3) by redesignating sections 303 and 303a as 

16 sections 305 and 306, respectively; and 

17 (4) by inserting after section 302 the following: 

18 ‘‘§ 303. National surface transportation policy 

19 ‘‘(a) POLICY.—It is the policy of the United States to 

20 develop a comprehensive national surface transportation 

21 system that advances the national interest and defense, 

22 interstate and foreign commerce, the efficient and safe inter23 state mobility of people and goods, and the protection of 

24 the environment. The system shall be built, maintained, 

25 managed, and operated as a partnership between the FedVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6203 E:\BILLS\S1950.RS S1950

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1 eral, State, and local governments and the private sector 

2 and shall be coordinated with the overall transportation 

3 system of the United States, including the Nation’s air, rail, 

4 pipeline, and water transportation systems. The Secretary 

5 of Transportation shall be responsible for carrying out this 

6 policy and for defining the Federal government’s role in the 

7 system. 

8 ‘‘(b) OBJECTIVES.—The objectives of the policy shall 

9 be to facilitate and advance— 

10 ‘‘(1) the improved accessibility and reduced trav11 el times for persons and goods within and between 

12 nations, regions, States, and metropolitan areas; 

13 ‘‘(2) the safety and health of the public; 

14 ‘‘(3) the security of the Nation and the public; 

15 ‘‘(4) environmental protection; 

16 ‘‘(5) energy conservation and security, including 

17 reducing transportation-related energy use; 

18 ‘‘(6) international and interstate freight move19 ment, trade enhancement, job creation, and economic 

20 development; 

21 ‘‘(7) responsible planning to address population 

22 distribution and employment and sustainable devel23 opment; 


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1 ‘‘(8) the preservation and adequate performance 

2 of system-critical transportation assets, as defined by 

3 the Secretary; 

4 ‘‘(9) reasonable access to the national surface 

5 transportation system for all system users, including 

6 rural communities; 

7 ‘‘(10) the sustainable, balanced, and adequate fi8 nancing of the national surface transportation sys9 tem; and 

10 ‘‘(11) innovation in transportation services, in11 frastructure, and technology. 

12 ‘‘(c) GOALS.— 

13 ‘‘(1) SPECIFIC GOALS.—The goals of the policy 

14 shall be— 

15 ‘‘(A) to reduce average per capita peak pe16 riod travel times on an annual basis; 

17 ‘‘(B) to reduce national motor vehicle-re18 lated and truck-related fatalities by 50 percent 

19 by 2030; 

20 ‘‘(C) to reduce national surface transpor21 tation delays per capita on an annual basis; 

22 ‘‘(D) to improve the access to employment 

23 opportunities and other economic activities; 

24 ‘‘(E) to increase the percentage of system25 critical surface transportation assets, as defined 


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1 by the Secretary, that are in a state of good re2 pair by 20 percent by 2030; 

3 ‘‘(F) to improve access to public transpor4 tation, intercity passenger rail services, and non5 motorized transportation where travel demand 

6 warrants; 

7 ‘‘(G) to reduce passenger and freight trans8 portation infrastructure-related delays entering 

9 into and out of international points of entry on 

10 an annual basis; 

11 ‘‘(H) to increase travel time reliability on 

12 major freight corridors that connect major popu13 lation centers to freight generators and inter14 national gateways on an annual basis; 

15 ‘‘(I) to ensure adequate transportation of 

16 domestic energy supplies and promote energy se17 curity; 

18 ‘‘(J) to maintain or reduce the percentage of 

19 gross domestic product consumed by transpor20 tation costs; and 

21 ‘‘(K) to reduce transportation-related im22 pacts on the environment and on communities 

23 on an annual basis. 

24 ‘‘(2) BASELINES.—Not later than 2 years after 

25 the date of enactment of the Surface Transportation 


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1 and Freight Policy Act of 2011, the Secretary shall 

2 develop baselines for the goals and shall determine ap3 propriate methods of data collection to measure the 

4 attainment of the goals.’’. 

5 (b) FREIGHT POLICY.—Subchapter I of chapter 3, as 

6 amended by section 1202(a) of this Act, is amended by add7 ing at the end the following: 

8 ‘‘§ 312. National freight transportation policy. 

9 ‘‘(a) NATIONAL FREIGHT TRANSPORTATION POLICY.— 

10 It is the policy of the United States to improve the effi11 ciency, operation, and security of the national transpor12 tation system to move freight by leveraging investments and 

13 promoting partnerships that advance interstate and foreign 

14 commerce, promote economic competitiveness and job cre15 ation, improve the safe and efficient mobility of goods, and 

16 protect the public health and the environment. 

17 ‘‘(b) OBJECTIVES.—The objectives of the policy are— 

18 ‘‘(1) to target investment in freight transpor19 tation projects that strengthen the economic competi20 tiveness of the United States with a focus on domestic 

21 industries and businesses and the creation and reten22 tion of high-value jobs; 

23 ‘‘(2) to promote and advance energy conservation 

24 and the environmental sustainability of freight move25 ments; 


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1 ‘‘(3) to facilitate and advance the safety and 

2 health of the public, including communities adjacent 

3 to freight movements; 

4 ‘‘(4) to provide for systematic and balanced in5 vestment to improve the overall performance and reli6 ability of the national transportation system to move 

7 freight, including ensuring trade facilitation and 

8 transportation system improvements are mutually 

9 supportive; 

10 ‘‘(5) to promote partnerships between Federal, 

11 State, and local governments, the private sector, and 

12 other transportation stakeholders to leverage invest13 ments in freight transportation projects; and 

14 ‘‘(6) to encourage adoption of operational poli15 cies, such as intelligent transportation systems, to im16 prove the efficiency of freight-related transportation 

17 movements and infrastructure.’’. 

18 (c) CONFORMING AMENDMENTS.—The table of contents 

19 for chapter 3 is amended— 

20 (1) by redesignating the items relating to sec21 tions 304 through 306 as sections 307 through 309, 

22 respectively; 

23 (2) by redesignating the items relating to sec24 tions 308 and 309 as sections 310 and 311, respec25 tively; 


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1 (3) by redesignating the items relating to sec2 tions 303 and 303a as sections 305 and 306, respec3 tively; 

4 (4) by inserting after the item relating to section 

5 302 the following: 

‘‘303. National surface transportation policy.’’; and 

6 (5) by inserting after the item relating to section 

7 311 the following: 

‘‘312. National freight transportation policy.’’. 

8 SEC. 1203. SURFACE TRANSPORTATION AND FREIGHT STRA9 TEGIC PLAN. 

10 (a) SURFACE TRANSPORTATION AND FREIGHT STRA11 TEGIC PLAN.—Subchapter I of chapter 3, as amended by 

12 section 1202 of this Act, is amended by inserting after sec13 tion 303 the following— 

14 ‘‘§ 304. National surface transportation and freight 

15 strategic performance plan. 

16 ‘‘(a) DEVELOPMENT.—Not later than 2 years after the 

17 date of enactment of the Surface Transportation and 

18 Freight Policy Act of 2011, the Secretary of Transportation 

19 shall develop and implement a National Surface Transpor20 tation and Freight Performance Plan to achieve the policy, 

21 objectives, and goals set forth in sections 303 and 312 . 

22 ‘‘(b) CONTENTS.—The plan shall include— 

23 ‘‘(1) an assessment of the current performance of 

24 the national surface transportation system and an 


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1 analysis of the system’s ability to achieve the policy, 

2 objectives, and goals set forth in sections 303 and 312; 

3 ‘‘(2) an analysis of emerging and long-term pro4 jected trends, including economic and national trade 

5 policies, that will impact the performance, needs, and 

6 uses of the national surface transportation system, in7 cluding the system to move freight; 

8 ‘‘(3) a description of the major challenges to ef9 fectively meeting the policy, objectives, and goals set 

10 forth in sections 303 and 312 and a plan to address 

11 such challenges; 

12 ‘‘(4) a comprehensive strategy and investment 

13 plan to meet the policy, objectives, and goals set forth 

14 in sections 303 and 312, including a strategy to de15 velop the coalitions, partnerships, and other collabo16 rative financing efforts necessary to ensure stable, re17 liable funding and completion of freight corridors and 

18 projects; 

19 ‘‘(5) initiatives to improve transportation mod20 eling, research, data collection, and analysis, includ21 ing those to assess impacts on public health, and envi22 ronmental conditions; 

23 ‘‘(6) a plan for any reorganization of the De24 partment of Transportation or its agencies necessary 


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1 to meet the policy, objectives, and goals set forth in 

2 sections 303 and 312; 

3 ‘‘(7) guidelines to encourage the appropriate bal4 ance of means to finance the national transportation 

5 system to move freight to implement the plan and the 

6 investment plan proposed under paragraph (4); and 

7 ‘‘(8) a list of priority freight corridors and gate8 ways to be improved and developed to meet the policy, 

9 objectives, and goals set forth in section 312. 

10 ‘‘(c) CONSULTATION.—In developing the plan required 

11 by subsection (a), the Secretary shall— 

12 ‘‘(1) consult with appropriate Federal agencies, 

13 local, State, and tribal governments, public and pri14 vate transportation stakeholders, non-profit organiza15 tions representing transportation employees, appro16 priate foreign governments, and other interested par17 ties; 

18 ‘‘(2) consider on-going Federal, State, and cor19 ridor-wide transportation plans; 

20 ‘‘(3) provide public notice and hearings and so21 licit public comments on the plan, and 

22 ‘‘(4) as appropriate, establish advisory commit23 tees to assist with developing the plan. 

24 ‘‘(d) SUBMITTAL AND PUBLICATION.—The Secretary 

25 shall— 


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1 ‘‘(1) submit the completed plan to the Committee 

2 on Commerce, Science, and Transportation of the 

3 Senate and the Committee on Transportation and In4 frastructure of the House of Representatives; and 

5 ‘‘(2) post the completed plan on the Department 

6 of Transportation’s public web site. 

7 ‘‘(e) PROGRESS REPORTS.—The Secretary shall sub8 mit biennial progress reports on the implementation of the 

9 plan beginning 2 years after the date of submittal of the 

10 plan under subsection (d)(1). Each progress report shall— 

11 ‘‘(1) describe progress made toward fully imple12 menting the plan and achieving the policies, objec13 tives, and goals established under sections 303 and 

14 312; 

15 ‘‘(2) describe challenges and obstacles to full im16 plementation; 

17 ‘‘(3) describe updates to the plan necessary to re18 flect changed circumstances or new developments; and 

19 ‘‘(4) make policy and legislative recommenda20 tions the Secretary believes are necessary and appro21 priate to fully implement the plan. 

22 ‘‘(f) DATA.—The Secretary shall have the authority to 

23 conduct studies, gather information, and require the pro24 duction of data necessary to develop or update this plan, 

25 consistent with Federal privacy standards. 


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1 ‘‘(g) IMPLEMENTATION.—The Secretary shall— 

2 ‘‘(1) develop appropriate performance criteria 

3 and data collections systems for each Federal surface 

4 transportation program to evaluate: 

5 ‘‘(A) whether such programs are consistent 

6 with the policy, objectives, and goals established 

7 by sections 303 and 312; and 

8 ‘‘(B) how effective such programs are in 

9 contributing to the achievement of the policy, ob10 jectives, and goals established by sections 303 

11 and 312; 

12 ‘‘(2) using the criteria developed under para13 graph (1), periodically evaluate each such program 

14 and provide the results to the public; 

15 ‘‘(3) based on the evaluation performed under 

16 paragraph (2), make any necessary changes or im17 provements to such programs to ensure such consist18 ency and effectiveness; 

19 ‘‘(4) implement this section in a manner that is 

20 consistent with sections 302, 5503, 10101, and 13101 

21 of this title and section 101 of title 23 to the extent 

22 that such sections do not conflict with the policy, ob23 jectives, and goals established by sections 303 and 

24 312; 


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1 ‘‘(5) review, update, and reissue all relevant sur2 face transportation planning requirements to ensure 

3 that such requirements require that regional, State, 

4 and local surface transportation planning efforts 

5 funded with Federal funds are consistent with the pol6 icy, objectives, and goals established by this section; 

7 and 

8 ‘‘(6) require States and metropolitan planning 

9 organizations to annually report on the use of Federal 

10 surface transportation funds, including a description 

11 of— 

12 ‘‘(A) which projects and priorities were 

13 funded with such funds; 

14 ‘‘(B) the rationale and method employed for 

15 apportioning such funds to the projects and pri16 orities; and 

17 ‘‘(C) how the obligation of such funds is 

18 consistent with or advances the policy, objectives, 

19 and goals established by sections 303 and 312.’’. 

20 (b) CONFORMING AMENDMENT.—The table of contents 

21 for chapter 3 is amended by inserting after the item relating 

22 to section 303 the following: 

‘‘304. National surface transportation and freight strategic performance plan.’’. 


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1 SEC. 1204. TRANSPORTATION INVESTMENT DATA AND 

2 PLANNING TOOLS. 

3 (a) IN GENERAL.—Not later than 2 years after the 

4 date of enactment of this Act, the Secretary shall— 

5 (1) develop new tools or improve existing tools to 

6 support an outcome-oriented, performance-based ap7 proach to evaluate proposed freight-related and other 

8 surface transportation projects. These new or im9 proved tools shall include— 

10 (A) a systematic cost-benefit analysis; 

11 (B) an evaluation of external effects on con12 gestion, pollution, the environment, and the pub13 lic health; 

14 (C) a valuation of modal alternatives; and 

15 (D) other elements to assist in effective 

16 transportation planning; and 

17 (2) facilitate the collection of transportation-re18 lated data to support a broad range of evaluation 

19 methods and techniques such as demand forecasts, 

20 modal diversion forecasts, estimates of the effect of 

21 proposed investments on congestion, pollution, public 

22 health, and other factors, to assist in making trans23 portation investment decisions. At a minimum, the 

24 Secretary, in consultation with other relevant Federal 

25 agencies, shall consider any improvements to the 

26 Commodity Flow Survey that reduce identified freight 


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1 data gaps and deficiencies and help evaluate forecasts 

2 of transportation demand. 

3 (b) CONSULTATION.—To the extent practicable, the 

4 Secretary shall consult with Federal, State, and local trans5 portation planners to develop, improve, and implement the 

6 tools and collect the data under subsection (a). 

7 (c) ESTABLISHMENT OF PILOT PROGRAM.— 

8 (1) ESTABLISHMENT.—To assist in the develop9 ment of tools under subsection (a) and to inform the 

10 National Surface Transportation and Freight Per11 formance Plan required by section 304 of title 49, 

12 United States Code, the Secretary shall establish a 

13 pilot program under which the Secretary shall con14 duct case studies of States and metropolitan planning 

15 organizations that are designed— 

16 (A) to provide more detailed, in-depth anal17 ysis and data collection with respect to transpor18 tation programs; and 

19 (B) to apply rigorous methods of measuring 

20 and addressing the effectiveness of program par21 ticipants in achieving national transportation 

22 goals. 

23 (2) PRELIMINARY REQUIREMENTS.— 

24 (A) SOLICITATION.—The Secretary shall so25 licit applications to participate in the pilot proVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6203 E:\BILLS\S1950.RS S1950

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1 gram from States and metropolitan planning or2 ganizations. 

3 (B) NOTIFICATION.—A State or metropoli4 tan planning organization that desires to par5 ticipate in the pilot program shall notify the 

6 Secretary of such desire before a date determined 

7 by the Secretary. 

8 (C) SELECTION.— 

9 (i) NUMBER OF PROGRAM PARTICI10 PANTS.—The Secretary shall select to par11 ticipate in the pilot program— 

12 (I) not fewer than 3, and not 

13 more than 5, States; and 

14 (II) not fewer than 3, and not 

15 more than 5, metropolitan planning 

16 organizations. 

17 (ii) TIMING.—The Secretary shall se18 lect program participants not later than 3 

19 months after the date of enactment of this 

20 Act. 

21 (iii) DIVERSITY OF PROGRAM PARTICI22 PANTS.—The Secretary shall, to the extent 

23 practicable, select program participants 

24 that represent a broad range of geographic 

25 and demographic areas (including rural 


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1 and urban areas) and types of transpor2 tation programs. 

3 (d) CASE STUDIES.— 

4 (1) BASELINE REPORT.—Not later than 6 

5 months after the date of enactment of this Act, each 

6 program participant shall submit to the Secretary a 

7 baseline report that— 

8 (A) describes the reporting and data collec9 tion processes of the program participant for 

10 transportation investments that are in effect on 

11 the date of the report; 

12 (B) assesses how effective the program par13 ticipant is in achieving the national surface 

14 transportation goals in section 303 of title 49, 

15 United States Code; 

16 (C) describes potential improvements to the 

17 methods and metrics used to measure the effec18 tiveness of the program participant in achieving 

19 national surface transportation goals in section 

20 303 of title 49, United States Code, and the chal21 lenges to implementing such improvements; and 

22 (D) includes an assessment of whether, and 

23 specific reasons why, the preparation and sub24 mission of the baseline report may be limited, 

25 incomplete, or unduly burdensome, including 


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1 any recommendations for facilitating the prepa2 ration and submission of similar reports in the 

3 future. 

4 (2) EVALUATION.—Each program participant 

5 shall work cooperatively with the Secretary to evalu6 ate the methods and metrics used to measure the effec7 tiveness of the program participant in achieving na8 tional surface transportation goals in section 303 of 

9 title 49, United States Code, including— 

10 (A) by considering the degree to which such 

11 methods and metrics take into account— 

12 (i) the factors that influence the effec13 tiveness of the program participant in 

14 achieving the national surface transpor15 tation goals; 

16 (ii) all modes of transportation; and 

17 (iii) the transportation program as a 

18 whole, rather than individual projects with19 in the transportation program; and 

20 (B) by identifying steps that could be used 

21 to implement the potential improvements identi22 fied under paragraph (1)(C). 

23 (3) FINAL REPORT.—Not later than 18 months 

24 after the date of enactment of this section, each proVerDate Mar 15 2010 23:46 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6203 E:\BILLS\S1950.RS S1950

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1 gram participant shall submit to the Secretary a 

2 comprehensive final report that— 

3 (A) contains an updated assessment of the 

4 effectiveness of the program participant in 

5 achieving national surface transportation goals 

6 under section 303 of title 49, United States Code; 

7 and 

8 (B) describes the ways in which the per9 formance of the program participant in col10 lecting and reporting data and carrying out the 

11 transportation program of the program partici12 pant has improved or otherwise changed since 

13 the date of submission of the baseline report 

14 under subparagraph (A). 

15 SEC. 1205. NATIONAL FREIGHT INFRASTRUCTURE INVEST16 MENT GRANTS. 

17 (a) ESTABLISHMENT OF PROGRAM.—Chapter 55 is 

18 amended by adding at the end the following: 

19 ‘‘SUBCHAPTER III—FINANCIAL ASSISTANCE 

20 ‘‘§ 5581. National freight infrastructure investment 

21 grants. 

22 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 

23 of Transportation shall establish a competitive grant pro24 gram to provide financial assistance for capital investments 


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1 that improve the efficiency of the national transportation 

2 system to move freight. 

3 ‘‘(b) ELIGIBLE PROJECTS.—An applicant is eligible 

4 for a grant under this section for— 

5 ‘‘(1) a port development or improvement project; 

6 ‘‘(2) a multimodal terminal facility project; 

7 ‘‘(3) a land port of entry project; 

8 ‘‘(4) a freight rail improvement or capacity ex9 pansion project; 

10 ‘‘(5) an intelligent transportation system project 

11 primarily for freight benefit that reduces congestion 

12 or improves safety; 

13 ‘‘(6) a project that improves access to a port or 

14 terminal facility; 

15 ‘‘(7) a highway project to reduce congestion or 

16 improve safety; or 

17 ‘‘(8) planning, preparation, or design of any 

18 project described in paragraph (1), (2), (3), (4), (5), 

19 (6), or (7). 

20 ‘‘(c) PROJECT SELECTION CRITERIA.—In determining 

21 whether to award a grant to an eligible applicant under 

22 this section, the Secretary shall consider the extent to which 

23 the project— 


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1 ‘‘(1) supports the objectives of the National Sur2 face Transportation and Freight Performance Plan 

3 developed under section 304; 

4 ‘‘(2) leverages Federal investment by encouraging 

5 non-Federal contributions to the project, including 

6 contributions from public-private partnerships; 

7 ‘‘(3) improves the mobility of goods and com8 modities; 

9 ‘‘(4) incorporates new and innovative tech10 nologies, including freight-related intelligent transpor11 tation systems; 

12 ‘‘(5) improves energy efficiency or reduces green13 house gas emissions; 

14 ‘‘(6) helps maintain or protect the environment, 

15 including reducing air and water pollution; 

16 ‘‘(7) reduces congestion; 

17 ‘‘(8) improves the condition of the freight infra18 structure, including bringing it into a state of good 

19 repair; 

20 ‘‘(9) improves safety, including reducing trans21 portation accidents, injuries, and fatalities; 

22 ‘‘(10) demonstrates that the proposed project can23 not be readily and efficiently realized without Federal 

24 support and participation; and 


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1 ‘‘(11) enhances national or regional economic de2 velopment, growth, and competitiveness. 

3 ‘‘(d) PRIORITY.—The Secretary shall give priority to 

4 projects that have the highest system performance improve5 ment relative to their benefit-cost analysis, as measured by 

6 the tools developed under section 1204 of the Surface Trans7 portation and Freight Policy Act of 2011 and those that 

8 support domestic manufacturing of goods. 

9 ‘‘(e) LETTERS OF INTENT.— 

10 ‘‘(1) IN GENERAL.—The Secretary may issue a 

11 letter of intent to an applicant announcing an inten12 tion to obligate, for a major capital project under this 

13 section, an amount from future available budget au14 thority specified in law that is not more than the 

15 amount stipulated as the financial participation of 

16 the Secretary in the project. 

17 ‘‘(2) WRITTEN NOTICE.—Not later than 30 days 

18 before issuing a letter under paragraph (1), the Sec19 retary shall provide written notice of the proposed let20 ter or agreement to the Committee on Commerce, 

21 Science, and Transportation of the Senate and the 

22 Committee on Transportation and Infrastructure of 

23 the House of Representatives. The Secretary shall in24 clude with the notification a copy of the proposed let25 ter or agreement, the criteria used under subsection 


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1 (c) for selecting the project for a grant award, and a 

2 description of how the project meets such criteria. 

3 ‘‘(3) SUBJECT TO AVAILABILITY OF FUNDS.—An 

4 obligation or administrative commitment may be 

5 made only when amounts are made available. Each 

6 letter of intent shall state that the contingent commit7 ment is not an obligation of the Federal Government, 

8 and is subject to the availability of funds under Fed9 eral law and to Federal laws in force or enacted after 

10 the date of the contingent commitment. 

11 ‘‘(f) FEDERAL SHARE OF NET PROJECT COST.— 

12 ‘‘(1) IN GENERAL.—Based on engineering stud13 ies, studies of economic feasibility, and information 

14 on the expected use of equipment or facilities, the Sec15 retary shall estimate the net project cost. 

16 ‘‘(2) FEDERAL SHARE.—The Federal share of a 

17 grant for the project shall not exceed 80 percent of the 

18 project net capital cost. 

19 ‘‘(3) PRIORITY.—The Secretary shall give pri20 ority in allocating future obligations and contingent 

21 commitments to incur obligations to grant requests 

22 seeking a lower Federal share of the project net cap23 ital cost. 

24 ‘‘(g) COOPERATIVE AGREEMENTS.— 


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1 ‘‘(1) IN GENERAL.—An applicant may enter into 

2 an agreement with any public, private, or nonprofit 

3 entity to cooperatively implement any project funded 

4 with a grant under this subchapter. 

5 ‘‘(2) FORMS OF PARTICIPATION.—Participation 

6 by an entity under paragraph (1) may consist of— 

7 ‘‘(A) ownership or operation of any land, 

8 facility, vehicle, or other physical asset associ9 ated with the project; 

10 ‘‘(B) cost-sharing of any project expense or 

11 non-Federal share of the project cost, including 

12 in kind contributions; 

13 ‘‘(C) carrying out administration, construc14 tion management, project management, project 

15 operation, or any other management or oper16 ational duty associated with the project; and 

17 ‘‘(D) any other form of participation ap18 proved by the Secretary. 

19 ‘‘(h) OVERSIGHT PROGRAM.— 

20 ‘‘(1) ESTABLISHMENT.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall es22 tablish an oversight program to monitor the ef23 fective and efficient use of funds authorized to 

24 carry out this section. 


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1 ‘‘(B) MINIMUM REQUIREMENT.—At a min2 imum, the oversight program shall be responsive 

3 to all areas relating to financial integrity and 

4 project delivery. 

5 ‘‘(2) FINANCIAL INTEGRITY.— 

6 ‘‘(A) FINANCIAL MANAGEMENT SYSTEMS.— 

7 The Secretary shall perform annual reviews that 

8 address elements of the applicant’s financial 

9 management systems that affect projects ap10 proved under subsection (a). 

11 ‘‘(B) PROJECT COSTS.—The Secretary shall 

12 develop minimum standards for estimating 

13 project costs and shall periodically evaluate the 

14 practices of applicants for estimating project 

15 costs, awarding contracts, and reducing project 

16 costs. 

17 ‘‘(3) PROJECT DELIVERY.—The Secretary shall 

18 perform annual reviews that address elements of the 

19 project delivery system of an applicant, which ele20 ments include 1 or more activities that are involved 

21 in the life cycle of a project from conception to com22 pletion of the project. 

23 ‘‘(4) RESPONSIBILITY OF THE APPLICANTS.— 

24 ‘‘(A) IN GENERAL.—Each applicant shall 

25 submit to the Secretary for approval such plans, 


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1 specifications, and estimates for each proposed 

2 project as the Secretary may require. 

3 ‘‘(B) APPLICANT SUBRECIPIENTS.—The ap4 plicant shall be responsible for determining that 

5 a subrecipient of Federal funds under this sec6 tion— 

7 ‘‘(i) has adequate project delivery sys8 tems for projects approved under this sec9 tion; and 

10 ‘‘(ii) has sufficient accounting controls 

11 to properly manage such Federal funds. 

12 ‘‘(C) PERIODIC REVIEW.—The Secretary 

13 shall periodically review the monitoring of sub14 recipients by the applicant. 

15 ‘‘(5) SPECIFIC OVERSIGHT RESPONSIBILITIES.— 

16 Nothing in this section shall affect or discharge any 

17 oversight responsibility of the Secretary specifically 

18 provided for under this title or other Federal law. 

19 ‘‘(i) MAJOR PROJECTS.— 

20 ‘‘(1) IN GENERAL.—A recipient of a grant for a 

21 project under this section with an estimated total cost 

22 of $500,000,000 or more, and a recipient for such 

23 other projects as may be identified by the Secretary, 

24 shall submit to the Secretary for each project— 

25 ‘‘(A) a project management plan; and 


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1 ‘‘(B) an annual financial plan. 

2 ‘‘(2) PROJECT MANAGEMENT PLAN.—A project 

3 management plan shall document— 

4 ‘‘(A) the procedures and processes that are 

5 in effect to provide timely information to the 

6 project decisionmakers to effectively manage the 

7 scope, costs, schedules, and quality of, and the 

8 Federal requirements applicable to, the project; 

9 and 

10 ‘‘(B) the role of the agency leadership and 

11 management team in the delivery of the project. 

12 ‘‘(3) FINANCIAL PLAN.—A financial plan shall— 

13 ‘‘(A) be based on detailed estimates of the 

14 cost to complete the project; and 

15 ‘‘(B) provide for the annual submission of 

16 updates to the Secretary that are based on rea17 sonable assumptions, as determined by the Sec18 retary, of future increases in the cost to complete 

19 the project. 

20 ‘‘(j) OTHER PROJECTS.—A recipient of Federal finan21 cial assistance for a project under this title with an esti22 mated total cost of $100,000,000 or more that is not covered 

23 by subsection (i) shall prepare an annual financial plan. 

24 Annual financial plans prepared under this subsection shall 


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1 be made available to the Secretary for review upon the re2 quest of the Secretary. 

3 ‘‘(k) OTHER TERMS AND CONDITIONS.—The Secretary 

4 shall determine what additional grant terms and conditions 

5 are necessary and appropriate to meet the requirements of 

6 this section. 

7 ‘‘(l) REGULATIONS.—Not later than 1 year after the 

8 date of enactment of the Surface Transportation and 

9 Freight Policy Act of 2011, the Secretary shall prescribe 

10 regulations to implement this section. 

11 ‘‘(m) APPLICANT DEFINED.—In this subchapter, the 

12 term ‘applicant’ includes a State, a political subdivision 

13 of a State, a metropolitan planning organization, govern14 ment-sponsored authorities and corporations, and the Dis15 trict of Columbia. 

16 ‘‘(n) SECRETARIAL OVERSIGHT.— 

17 ‘‘(1) IN GENERAL.—The Secretary may use not 

18 more than 1 percent of amounts made available in a 

19 fiscal year for capital projects under this subchapter 

20 to enter into contracts to oversee the construction of 

21 such projects. 

22 ‘‘(2) PERMISSIBLE USES.—The Secretary may 

23 use amounts available under paragraph (1) to make 

24 contracts for safety, procurement, management, and 


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1 financial compliance reviews and audits of a recipi2 ent of amounts under paragraph (1). 

3 ‘‘(3) COST.—The Federal Government shall pay 

4 the entire cost of carrying out a contract under this 

5 subsection.’’. 

6 (b) CONFORMING AMENDMENT.—The table of contents 

7 for chapter 55 is amended by adding at the end the fol8 lowing: 

‘‘SUBCHAPTER III. FINANCIAL ASSISTANCE’’ 

‘‘5581. National freight infrastructure investment grants.’’. 

9 SEC. 1206. PORT INFRASTRUCTURE DEVELOPMENT INITIA10 TIVE. 

11 Section 50302(c)(3)(C) of title 46, United States Code, 

12 is amended to read as follows: 

13 ‘‘(C) TRANSFERS.—Amounts appropriated 

14 or otherwise made available for any fiscal year 

15 for a marine facility or intermodal facility that 

16 includes maritime transportation may be trans17 ferred, at the option of the recipient of such 

18 amounts, to the Fund and administered by the 

19 Administrator as a component of a project under 

20 the program.’’. 

21 SEC. 1207. OFFICE OF FREIGHT PLANNING AND DEVELOP22 MENT. 

23 (a) IN GENERAL.—Section 102 is amended— 


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1 (1) by redesignating subsection (h) as subsection 

2 (i); and 

3 (2) by inserting after subsection (g) the fol4 lowing: 

5 ‘‘(h) OFFICE OF FREIGHT PLANNING AND DEVELOP6 MENT.— 

7 ‘‘(1) ESTABLISHMENT.—There is established 

8 within the Office of the Secretary an Office of Freight 

9 Planning and Development. The Office shall— 

10 ‘‘(A) coordinate investment of Federal fund11 ing to improve the efficiency of the national 

12 transportation system to move freight consistent 

13 with the policy and objectives of section 312; 

14 ‘‘(B) facilitate communication among gov15 ernment, public, and private freight transpor16 tation stakeholders; 

17 ‘‘(C) support the Secretary in the develop18 ment of the National Freight Transportation 

19 Strategic Plan; and 

20 ‘‘(D) carry out other duties, as prescribed 

21 by the Secretary. 

22 ‘‘(2) ORGANIZATION.—The head of the Office 

23 shall be the Assistant Secretary of Freight Planning 

24 and Development.’’. 

25 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 102(e) is amended by striking ‘‘4’’ 

2 and inserting ‘‘5’’. 

3 (2) Section 5315 of title 5, United States Code, 

4 is amended by striking ‘‘(4)’’ in the item relating to 

5 Assistant Secretaries of Transportation and inserting 

6 ‘‘(5)’’. 

7 SEC. 1208. SAFETY FOR MOTORIZED AND NONMOTORIZED 

8 USERS. 

9 (a) IN GENERAL.—Chapter 4 of title 23, United States 

10 Code, is amended by adding at the end the following: 

11 ‘‘§ 413. Safety for motorized and nonmotorized users 

12 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

13 date of enactment of the Surface Transportation and 

14 Freight Policy Act of 2011, subject to subsection (b), the 

15 Secretary shall establish standards to ensure that the design 

16 of Federal surface transportation projects provides for the 

17 safe and adequate accommodation, in all phases of project 

18 planning, development, and operation, of all users of the 

19 transportation network, including motorized and non20 motorized users. 

21 ‘‘(b) WAIVER FOR STATE LAW OR POLICY.—The Sec22 retary may waive the application of standards established 

23 under subsection (a) to a State that has adopted a law or 

24 policy that provides for the safe and adequate accommoda25 tion as certified by the State (or other grantee), in all 


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1 phases of project planning and development, of users of the 

2 transportation network on federally funded surface trans3 portation projects, as determined by the Secretary. 

4 ‘‘(c) COMPLIANCE.— 

5 ‘‘(1) IN GENERAL.—Each State department of 

6 transportation shall submit to the Secretary, at such 

7 time, in such manner, and containing such informa8 tion as the Secretary shall require, a report describing 

9 the implementation by the State of measures to 

10 achieve compliance with this section. 

11 ‘‘(2) DETERMINATION BY SECRETARY.—On re12 ceipt of a report under paragraph (1), the Secretary 

13 shall determine whether the applicable State has 

14 achieved compliance with this section.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis for 

16 chapter 4 of title 23, United States Code, is amended by 

17 adding at the end the following: 

‘‘413. Safety for motorized and nonmotorized users.’’. 


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Calendar No. 543 

112TH CONGRESS 

2D SESSION S. 1950 

[Report No. 112–238] 

A BILL 

To amend title 49, United States Code, to improve 

Safety Administration, and for other purposes. talities, to authorize the Federal Motor Carrier mercial motor vehicle-related accidents and facommercial motor vehicle safety and reduce comNOVEMBER 13, 2012 

Reported with an amendment 


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